Day 1999.05.11CC Jt Mtg RA/CC



JOINT MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE

MINUTES
May 11, 1999


A joint meeting of the Redevelopment Agency and the City Council of the City of Vacaville was held at the City Council Chambers, 650 Merchant Street, May 11, 1999. Mayor Fleming called the meeting to order at 7:05 p.m.  


1.    ROLL CALL

Present:    Council/Agency members Augustine, Clancy, Slade, and Vice Mayor/Vice Chairman Wood and Chairman/Mayor Fleming

Absent:    City Attorney Charles Lamoree

Others Present:    City Manager/Executive Director John Thompson, Assistant City Attorney Jerry Hobrecht, and City Clerk Kathy Andronico


2.    Pastor Jenkins gave the INVOCATION and Council member Clancy led the PLEDGE OF ALLEGIANCE


3.    APPROVAL OF AGENDA –  Mayor Fleming asked if there were any additions or deletions necessary for the agenda.  The City Manager advised that the agenda was modified to reflect June 8 to consider action on the Browns Valley Reservoir issue.  Vice Mayor Wood asked that Item 9f be considered following Business from the Floor.  He noted that Dennis DeCota, Executive Director of the California Service Station and Automotive Repair Association would be making a short presentation concerning SB123.  Council member Clancy, seconded by Council member Slade, made a motion “ to approve the agenda as amended.”  Motion unanimously approved.


4.    APPROVAL OF MINUTES  - Council member Clancy, seconded by Council member Slade, made a motion “ to approve the minutes of the regular meeting of April 27, 1999, as written.”   Motion unanimously approved.


5.    PRESENTATIONS


A.    PROCLAMATION DECLARING MAY 16 –  22 “ NATIONAL PUBLIC WORKS WEEK”  - Public Works Administrative Assistant Cheri Barrieau reviewed the events of the week and accepted a proclamation from Mayor Fleming.


B.    PROCLAMATION DECLARING MAY 16 –  22 “ EMERGENCY MEDICAL SERVICES WEEK”  - Division Chief Jeff Ringelman recognized all the people involved in emergency medical services (fire, dispatchers, etc.) and noted that it is not only a time to look back at what EMS has done in the past, but to look forward to the future.  Mayor Fleming presented a proclamation.


C.    TRAVIS ARMED FORCES DAY/THUNDERBIRDS –  George Tucker thanked the City Council for their contribution to the 1999 Fiesta Days celebration and introduced Major Ken White who talked about the upcoming Air Expo to be held at Travis AFB, June 26 and 27, 9 a.m. –  5 p.m.


D.    PROCLAMATION DECLARING MAY 9-15 “ KNOW YOUR CITY WEEK”  –  “ WHY I LOVE VACAVILLE”  AND PHOTO CONTEST WINNERS –  Public Information Officer Earl Parker and Personnel Technician Cherelyn Ellington recognized the winners of the “ Why I Love Vacaville”  essay contest and the photo contest.  Mayor Fleming presented a proclamation.


E.    PROCLAMATION DECLARING MAY 15 “ A WOMAN’ S HEALTH DAY”  – Council member Slade gave an overview of the planned events for May 15 to honor Woman’ s Health Day and Garland Porter, on behalf of Assemblywoman Thomson, accepted the proclamation from Mayor Fleming.


6.    CONSENT CALENDAR

Mayor Fleming asked if anyone on the Council or in the audience wanted to remove an item from the Consent Calendar for separate discussion.  Council member Slade, seconded by Vice Mayor Wood, made a motion “ to adopt the resolution and other Consent Calendar item." Motion unanimously approved by the following vote:


AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming

NOES:    None

ABSENT:    None


A.    Resolution No. 1999-52 - RESOLUTION OF INTENT TO ABANDON TEMPORARY CONSTRUCTION EASEMENTS AT THE CHILDTIME DEVELOPMENT ON BURTON DRIVE


B.    SUBMISSION OF THE ANNUAL ACTION PLAN AND USE OF CDBG FUNDS TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT


Recess taken from 7:45 –  7:53 p.m.


7.    BUSINESS FROM THE FLOOR  - Cliff Poole, representing the Solano County Grand Jury, gave a brief overview of Grand Jury member duties, the process for being selected, the term limits, and encouraged the City Council to submit possible candidates for selection.


Dale Borden, 348 Chestnut Street, asked the City Council to consider building a City-subsidized and maintained retirement home.  The City Manager pointed out the many senior restricted apartments/single-family homes currently available in Vacaville, and some that are in the planning stages.

****

Business Item 9f was discussed at this time. (see page 6 )


8.    PUBLIC HEARINGS


    A.    RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION, VESTING TENTATIVE MAP AND PLANNED DEVELOPMENT PERMIT FOR THE CALIFORNIA SPRINGS UNIT 2 SINGLE FAMILY RESIDENTIAL DEVELOPMENT


        ORDINANCE AMENDING CHAPTER 14 OF THE VACAVILLE MUNICIPAL CODE BY CHANGE OF ZONING MAP (CALIFORNIA SPRINGS UNIT 2)

Director of Community Development Ron Rowland reviewed the staff report for the record, noting that California Springs Unit 2 is the second phase of Kaufman and Broad’ s single family residential subdivision.  He explained its location, lot and home sizes.  He pointed out that the neighborhood issue with Unit 1 was access to the abutting single family subdivisions, however access for Unit 2 is from new streets constructed in Phase 1.  Director Rowland stated that the Planning Commission, at its meeting of May 4, voted 5-1 to recommend approval of the project.  The Commission recommended one revision to the conditions requiring reorientation of garage entries on corner lots and side entry garages on large cul-de-sac lots.


Mayor Fleming opened the public hearing.


Tom Phillippi, representing Kaufman and Broad, talked about the project’ s unique features like 10 different floor plans and 3 elevations offered among the 47 homes, as well as the square footage of the homes and Kaufman and Broad’ s efforts to blend this project with the varied projects surrounding this one.  He offered to answer any Council questions.


Mayor Fleming closed the public hearing.


Vice Mayor Wood, seconded by Council member Clancy made a motion “ to approve the Mitigated Negative Declaration for the California Springs Unit 2 single-family residential development; to adopt the resolution approving the tentative map and planned development; and by title only, to adopt the ordinance.”  


Mayor Fleming felt it was a good project and a good blend of lot sizes and housing designs.  He noted that this is the first project to come before the City Council since Proposition 1A was passed.  He explained that Proposition 1A took away the Council’ s ability to approve or deny a project based on adequate school facilities.  Mr. Phillippi stated that Kaufman and Broad is negotiating with the school district concerning school impact fees and noted that they will be paying fees in excess of the $1.93/ft. as required by the State.  Council member Clancy pointed out that the CSTA supported the builders on Proposition 1A. Council member Slade called for the question.


Motion unanimously approved.  Resolution No. 1999-53, “ Resolution Approving a Mitigated Negative Declaration, Vesting Tentative Map and Planned Development Permit for the California Springs Unit 2 Single-family Residential Development,”  was approved by the following vote:


AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming

NOES:    None

ABSENT:    None


The title of the ordinance, “ An Ordinance Amending Chapter 14 of the Vacaville Municipal Code by Changing of Zoning Map (California Springs Unit 2)”  was read by the City Clerk and introduced by Vice Mayor Wood.


    B.    RESOLUTIONS OF THE REDEVELOPMENT AGENCY AND THE CITY COUNCIL OF THE CITY OF VACAVILLE TO APPROVE THE DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE VACAVILLE REDEVELOPMENT AGENCY AND B. C. STOCKING DISTRIBUTING COMPANY FOR THE SALE OF A PORTION OF APN 130-242-140 AND OPTIONS FOR THE SALE OF AN ADDITIONAL PORTION OF APN 130-242-150 AND A PORTION OF LAND AT NUT TREE ROAD AND HARBISON DRIVE

Prior to presentation of the staff report, Vice Mayor Wood announced that he has a business relationship and partnership with the Stockings, therefore he excused himself from the discussion and action.  Vice Mayor Wood removed himself from the dais.


Assistant City Manager David Van Kirk reviewed the staff report for the record.  He advised that the proposal is to authorize the sale of a portion of APN 130-242-140, owned by the Redevelopment Agency, containing an office building, to B.C. Stocking Distributing Company for use as their headquarters.  He explained that there are three potential phases in the development agreement.  The first phase includes not only the building, but also approximately 70 parking spaces in the front and additional land to the east for another 28 spaces.  ACM Van Kirk reviewed Phases 2 and 3, the key terms and conditions of the DDA, and the advantages of the project.  The Housing and Redevelopment Commission unanimously recommended approval of the DDA at its May 5, 1999 meeting.


Mayor Fleming opened the public hearing.


Bryant Stocking praised staff for its involvement as well as having the foresight to hire an outside broker to market the property.  He stated that the proposed project/tentative agreement would not have come this far without support from the community and a variety of groups.


George Tucker talked about his association with B.C. Stocking Company and its community involvement. He noted that the sales tax this project will generate into the City would be of major benefit to the City. Mr. Tucker felt that the relocation of this business would bring many employees into the downtown area, which will be a great benefit to the existing downtown businesses.  He encouraged the Redevelopment Agency/City Council to approve the sale.


There being no further public comments, the hearing was closed.


Agency member Augustine, seconded by Agency member Slade made a motion “ to adopt the resolution approving the DDA between the Redevelopment Agency and B.C. Stocking Distributing Company as presented by staff.”   Resolution No. RD-1999-9, “ Resolution of the Redevelopment Agency to Approve the Disposition and Development Agreement (DDA) Between the Vacaville Redevelopment Agency and B.C. Stocking Distributing Company for the Sale of a Portion of APN 130-242-140 and Options for the Sale of an Additional Portion of APN 130-242-150 and a Portion of Land at Nut Tree Road and Harbison Drive,”  was approved by the following vote:


AYES:    Agency members Augustine, Clancy, Slade, and Chairman Fleming

NOES:    None

ABSTAINED:    Vice Chairman Wood

ABSENT:    None


The Redevelopment Agency/City Council offered their congratulations and accolades to the Stocking family and welcomed them to Vacaville.


Council member Augustine, seconded by Council member Clancy made a motion “ to adopt the resolution approving the DDA between the City Council and B.C. Stocking Distributing Company as presented by staff.”   Resolution No. 1999-54, “ Resolution of the City Council of the City of Vacaville to Approve the Disposition and Development Agreement (DDA) Between the Vacaville Redevelopment Agency and B.C. Stocking Distributing Company for the Sale of a Portion of APN 130-242-140 and Options for the Sale of an Additional Portion of APN 130-242-150 and a Portion of Land at Nut Tree Road and Harbison Drive,”  was approved by the following vote:


AYES:    Council members Augustine, Clancy, Slade, and Mayor Fleming

NOES:    None

ABSTAINED:    Vice Mayor Wood

ABSENT:    None


Vice Mayor Wood resumed his seat on the dais.


    C.    ORDINANCE AMENDING TITLE XX (CONSTRUCTION AND FIRE STANDARDS) OF THE LAND USE AND DEVELOPMENT CODE

The City Manager explained that this ordinance would adopt the State 1998 California Building Codes and Fire Codes that become effective July 1, 1999.  It was pointed out that the City Council could adopt local amendments to the State codes, but they must be at least as restrictive as the State codes.  Staff pointed out that three public meetings were held: Chamber of Commerce Business Issues Committee, contractors and developers were sent notices, and a public hearing before the Planning commission.  The Planning Commission voted unanimously to recommend the proposed ordinance amendments at its meeting of April 20, 1999.


Mayor Fleming opened and closed the public hearing with no public comment noted.


Council member Clancy, seconded by Council member Augustine made a motion “ to adopt the subject ordnance and negative declaration.”   Motion unanimously approved.  The title of the ordinance, “ Ordinance Amending Division XX of the Land Use and Development Code Relating to Construction and Fire Standards,”  was read by the City Clerk and introduced by Council member Clancy.


    D.    RESOLUTION TO VACATE A PORTION OF McCLELLAN STREET AND A PORTION OF STEVENSON STREET ADJACENT TO THE BASIC SITE

The City Manager reviewed the staff report for the record.  He explained that the land is no longer needed as publicly owned City Streets and will become privately owned driveways for adjacent businesses.


Mayor Fleming opened and closed the public hearing with no comments noted.


Council member Slade, seconded by Council member Augustine made a motion “ to adopt the resolution to vacate a portion of McClellan Street and a portion of Stevenson Street adjacent to the Basic site and authorize the City Engineer to execute all documents required for the above action to become of record. Resolution No. 1999-55, “ Resolution To Vacate a Portion of McClellan Street and a Portion of Stevenson Street Adjacent to the Basic Site,”  was approved by the following vote:


AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming

NOES:    None

ABSENT:    None


    E.    RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF VACAVILLE


        AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF VACAVILLE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM TO AMEND THE CONTRACT TO PROVIDE SECTION 21574 –  FOURTH LEVEL OF SURVIVORS BENEFITS FOR LOCAL POLICE MEMBERS

The City Manager reviewed the staff report and explained that this ordinance implements the benefit as negotiated in the recently ratified police members organization contract.


Mayor Fleming opened and closed the public hearing with no public comment noted.


Council member Clancy, seconded by Vice Mayor Wood made a motion “ to adopt the resolution of intention and to introduce the ordinance.”   Motion unanimously approved.  Resolution No. 1999-56, “ Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration California Public Employees’  Retirement System and the City Council, City of Vacaville,”  was approved by the following vote:


AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming

NOES:    None

ABSENT:    None


The title of the ordinance, “ An Ordinance of the City Council of the City of Vacaville Authorizing an Amendment to the Contract Between the City Council of the City of Vacaville and the Board of Administration of the California Public Employees Retirement System to Amend the Contract to Provide Section 21574 –  Fourth Level of Survivors Benefits for Local Police Members,”  was read by the City Clerk and introduced by Council member Clancy.


Recess taken from 9:05 –  9:15 p.m.


    F.    ORDINANCE AMENDING CHAPTER 10 OF THE VACAVILLE MUNICIPAL CODE WITH RESPECT TO PARKING ON IMPERVIOUS SURFACES, AND STREAMLINING NUISANCE ABATEMENT PROCEDURES –  continued to May 25, 1999.


    9.    BUSINESS


A.    APPROVAL OF SITE FOR NORTH VACAVILLE RESERVOIR - Rescheduled for June 8, 1999


B.    AUTHORIZATION TO RELEASE REQUEST FOR QUALIFICATIONS FOR TOWN SQUARE PROJECT

Director of Housing and Redevelopment Charles Learned reviewed the staff report.  He noted that on February 23, 1999 the Redevelopment Agency authorized entering escrow with property owners for the purchase of land on Kendal and Bernard Streets for the development of a town square project.  One element of the approval of the project was the concept that staff would subsequently conduct a process for the disposition of land to a private developer(s).  Director Learned advised that staff has developed a Request for Qualifications/Request for Proposals (RFQ/RFP) selection process.  He explained the RFQ process, which would seek to identify a “ short list”  of developers, and the second phase which would include formal RFP’ s.  After the RFP process, staff would return to the Agency recommending a Citizen’ s Committee to assist the Agency in selecting one Master Developer and, subsequently, a Disposition and Development Agreement would be negotiated.  Director Learned advised that at its May 5, 1999 meeting, the Housing and Redevelopment Commission voted unanimously to proceed as recommended by staff.


The Redevelopment Agency discussed the plans for a Town Square and moving the Harbison House into the area.  All agreed that it will be a great improvement in the downtown area but also stressed their desire to maximize the pedestrian orientation and retail potential of this area while still addressing parking issues.  It was emphasized that the open square feeling area is important.  It was noted that the area should be low maintenance and that fountains and artwork could be incorporated, as well as two-story vs. one-story structures.  The importance of supporting existing businesses was discussed, as well as making sure the Harbison House is protected, perhaps with a special entryway off the Town Square.  The Agency unanimously expressed their enthusiasm for the concept.  Chairman Fleming asked for public comment and none was noted.


Agency member Augustine, seconded by Agency member Slade made a motion “ that the Redevelopment Agency authorize staff to proceed with a Request for Qualifications process.”   Motion unanimously approved.


    C.    “ ACTION FOR BETTER CITIES”  CAMPAIGN

The City Manager explained that the League of California Cities is the primary advocate for all of the nearly 475 cities in California.   He stated that the League has performed its advocacy role by providing good data and making persuasive argument in support of home rule, public interest, fiscal stability, etc. However, over the past decade, the State has been eroding city revenues through various legislative actions.  The League is now proposing to form an “ Action for Better Cities”  (ABC) non-profit corporation, to put cities on the same lobbying platform as many other groups.  ABC would not support candidates, or seek funding from the cities’  general funds, but would lobby to protect cities from further State erosion of public funds.  He urged the City Council to endorse this concept, by passing a resolution of support.


Mayor Fleming spoke in favor of the concept stating that, “ local counties and cities take it in the neck” and it is extremely important to endorse this group in order to assist us in fighting back.


Mayor Fleming asked for public comment and none was noted.


Vice Mayor Wood, seconded by Council member Slade made a motion “ that the City Council adopt a resolution endorsing the purposes of “ Action for Better Cities.”   Resolution No. 1999-57, “ Resolution of the City Council of the City of Vacaville Endorsing the “ Action for Better Cities”  Non-Profit Corporation,”  was approved by the following vote:


AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming

NOES:    None

ABSENT:    None


    D.    YOUTH MASTER PLAN

The City Manager introduced an informational report on a process to develop a youth master plan, being launched by the Vacaville Youth Roundtable, in association with the Healthy Vacaville Task Force.  He advised that the planning process has begun with a report prepared by local experts on child development, health care, and delinquency diversion.  He stated that if the public would like to become involved in the process, there is plenty of work to do.


Council member Slade stated that as Chair of the Healthy Vacaville Task Force, her group is very excited to be working on this project with the Vacaville Youth Roundtable.


Council member Augustine stated he was very pleased with the accomplishments of the Youth Roundtable and praised the City Manager for founding the group.  He noted that the senior community is looking forward to establishing a similar “ Senior Roundtable.”


Mayor Fleming asked for public comments and none were noted.  No action taken, information only.


E.    AWARD OF STATE GRANT UNDER THE “ ANSWERS BENEFITING CHILDREN”  (ABC) PROGRAM FOR IN-HOME FAMILY INTERVENTION SERVICES FOR VACAVILLE CHILDREN

Police Chief Bob Harrison gave a report on a recently received County grant in the amount of $736,879, which was applied for in collaboration with the Vacaville Police Department, Housing & Redevelopment Department’ s Family Resource Center, and Child Haven, a County non-profit child services agency.  He advised that it is a 25-month grant that will start in July 1999.  The purpose of the grant is to provide funding for child abuse, child neglect, and in-home health intervention for Vacaville youth aged 0-5 and their families.  Chief Harrison stated that the City has no requirement to fund staff positions or provide local matching funds.  He advised that Vacaville was one of only 17 projects accepted statewide.


Vice Mayor Wood asked what type of grants might be available if the City were to interact and participate in developing a program for the schools.  Chief Harrison stated that right now, grant funding is more available for children in the age range of 0-5 and elder abuse.  Mayor Fleming asked for public comment and none was noted.  Council member Augustine commended the Police Department for its competency in these issues already.


    F.    DISCUSSION OF SENATE BILL 123

Vice Mayor Wood introduced Dennis DeCota, Executive Director of the California Service Station and Automotive Repair Association and asked the City Council to consider taking a position on Senate Bill 123 (Senator Peace).  Mr. DeCota explained the value of SB123 which supports competition at the refinery gate, rather than at the street level.  He advised that the Bill had passed out of committee (in Sacramento) today.  Vice Mayor Wood explained how SB123 would benefit the community.


Mayor Fleming asked for public comment and none was noted.


Vice Mayor Wood advised that he does own service stations, however none of them are located in Vacaville, therefore he did not feel he had a conflict.  He stated he was acting in a consumer advocacy position.  Mayor Fleming stated that while he owns oil stocks on the New York Stock Exchange, this would not pose a conflict.


Vice Mayor Wood, seconded by Council member Clancy made a motion “ to write a letter to Senator Peace, Senators Johannessen and Chesbrow, and Assemblywoman Thomson, supporting the legislation.” Motion unanimously approved.


10.    REPORTS OF CITY MANAGER

The City Manager reminded the Council of the May 18 budget study session, 6 p.m. in A/B Conference Room.  He stated that materials would not be available prior to the meeting, but staff will prepare an overview of the General Fund, trends, and what staff is considering in order to prepare the final budget for Council adoption in June.


11.    REPORTS OF CITY COUNCIL

Mayor Fleming announced the resignation of Barbara Cringle from the Community Services Commission. After a brief discussion, the City Council decided to discuss Ms. Cringle’ s replacement at another time. Mayor Fleming stated that a letter was received from LAFCO Chairman Don Erickson asking the City to appoint two members to a committee to talk about Travis AFB.   He proposed appointing himself and Council member Augustine.  Council member Slade, seconded by Vice Mayor Wood made a motion “ to approve the Mayor’ s proposal.”   Motion unanimously approved.


Council member Slade discussed the Board of Supervisors’  3-2 vote to enter into an agreement for the I-80 reliever route.  She stated that more public meetings would be scheduled to discuss the concept.  She announced the upcoming retirement dinner for Muzetta Thrower and invited the public to an open house at the Opportunity House, May 26, 4-5 p.m.


Council member Augustine complimented PIO Earl Parker for the “ Know Your City Week”  events and the recently held senior tour, from which he received many positive comments.  He stated that the Sunrise Rotary Club planted a lot of trees at the Lagoon Valley Park.


Council member Clancy thanked PIO Parker for all his hard work and stated that she had also received many positive comments about the City.  She recognized two Leisure Town residents, Lee and Margaret Pennington, who will be celebrating their 50th wedding anniversary on May 14.  Council member Clancy reminded the public to attend the “ Lube-a-Thon”  at Jiffy Lube on Sunday, May 16.


Vice Mayor Wood recognized Supervisors Skip Thomson and Bill Carroll for their support concerning the reliever route.  He also acknowledged the four local restaurants that helped to make the Chamber of Commerce’ s Cinco de Mayo fund raiser a big success.


12.    PAYMENT OF CLAIMS –  Council member Slade, seconded by Council member Augustine made a motion “ to order the payroll register dated April 30, 1999, and check register dated May 5, 1999, paid.” Motion unanimously approved.


13.    CLOSED SESSION –  The meeting was adjourned at 10:12 p.m. in order to hold a closed session pursuant to Government Code Section 54950 et. Seq. –  Conference with Legal Counsel –  Anticipated Litigation: Initiation of litigation pursuant to subdivision C of Government Code Section 54956.9 –  one case.


14.    ADJOURNMENT  - There being no further business before the City Council and/or the Redevelopment Agency, Mayor Fleming adjourned the joint meeting at 10:32 p.m., May 11, 1999, with no announcements made.



Respectfully submitted,



Kathleen M. Andronico

City Clerk