Day 1999.06.22CC
JOINT MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE
MINUTES
June 22, 1999
A joint meeting of the Redevelopment Agency and the City Council was held at the City Council Chambers, 650 Merchant Street, June 22, 1999. Mayor Fleming called the meeting to order at 7p.m.
1. ROLL CALL
Present: Council/Agency members Augustine, Clancy, Slade, and Vice Mayor/Vice Chairman Wood and Chairman/Mayor Fleming
Absent: None
Others Present: City Manager/Executive Director John Thompson, City Attorney Charles Lamoree, and City Clerk Kathy Andronico
2. Pastor Raleigh Galghan, Valley Church, gave the INVOCATION and Vice Mayor Wood led the PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA – Mayor Fleming asked if there were any additions or deletions necessary for the agenda. Council member Clancy, seconded by Council member Slade, made a motion “ to approve the agenda as written.” Motion unanimously approved.
4. APPROVAL OF MINUTES - Council member Clancy, seconded by Council member Slade, made a motion “ to approve the minutes of 6/8/99, as written.” Motion unanimously approved.
5. PRESENTATION - None
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 Clancy, seconded by Council member Slade, made a motion “ to adopt the resolutions and other Consent Calendar items." 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. 1999-63 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE A PROPERTY EASEMENT AND RIGHT-OF-WAY CONTRACT AND ACCEPT THE EASEMENT GRANT DEED FROM SOLANO COUNTY FOR THE EAST MONTE VISTA AVENUE SEWER LIFT STATION PROJECT
B. Resolution No. 1999-64 - RESOLUTION GRANTING PRELIMINARY
APPROVAL
OF THE LEVY REPORT AND INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
VACAVILLE’ S LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT
PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972
C. Resolution No. 1999-65 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EMPLOY AN ENGINEERING FIRM FOR THE DESIGN OF THE AUTOMATED BUS WASHER AT THE CITY CORPORATION YARD
D. Resolution No. 1999-66 - RESOLUTION INITIATING PROCEEDINGS FOR THE FORMATION OF THE BASIC PROPERTY SETBACK LANDSCAPING DISTRICT (#70)
Resolution No. 1999-67 - RESOLUTION OF INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 1999-2000, PRELIMINARILY APPROVING ENGINEER’ S REPORT AND PROVIDING FOR NOTICE OF HEARING - BASIC PROPERTY SETBACK LANDSCAPING DISTRICT
E. AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO EXECUTE AMENDMENT # 1 TO AGREEMENT BETWEEN THE CITY OF VACAVILLE AND DAVE TRANSPORTATION SERVICES, INC. FOR THE PROVISIONS OF FIXED ROUTE AND PARATRANSIT SERVICES FROM JULY 1, 1999 THROUGH JUNE 30, 2001
F. AUTHORIZATION OF DIRECTOR OF COMMUNITY DEVELOPMENT
TO
RECORD CERTIFICATE OF CANCELLATION OF AGRICULTURAL PRESERVE
CONTRACT NO. 1195 FOR THE HAWKINS PROPERTY (CALIFORNIA SPRINGS)
7. BUSINESS FROM THE FLOOR
Janine Jordan approached the City Council, for the second time, regarding the development of a dog park. As the Council had requested, she secured the names of about 250 supporters and noted that there are still petitions which have not been returned but estimated a total of 500 supporters. Ms. Jordan advised that she was seeking a grant from the Clorox Company to help with funding and had also received promises from other businesses for things like pooper scoopers in the event the grant is secured. Linda Peterson also spoke in favor of a dog park. The City Council discussed the concept and asked staff to investigate cost and liability issues and return with a report at a future meeting.
Virginia East asked if installation of a stop light at Sequoia and Leisure Town would be discussed. The City Manager advised that it is in the Capital Improvement Budget, which would be discussed later.
8. PUBLIC HEARINGS
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VACAVILLE ADDING CHAPTER 2.31 TO THE VACAVILLE MUNICIPAL CODE AND CREATING THEREBY THE VACAVILLE COMMISSION ON AGING
Director of Community Services Linda Celestre reviewed the proposed ordinance explaining the duties and responsibilities of the new commission. The City Attorney advised that the members will be subject to the disclosure requirements imposed by the Fair Political Practices Commission and that a resolution would be forthcoming revising the City’ s Conflict of Interest Code to include the new commission.
Mayor Fleming opened and closed the public hearing with no comments noted.
The Council encouraged seniors interested in serving on the commission to submit a letter to the City
Clerk. It was noted that the commission should be holding its first meeting in September.
Council member Clancy, seconded by Council member Augustine made a motion “ to introduce
the
subject ordinance.” The title of the ordinance, “ An Ordinance of the City
Council of the City of
Vacaville Adding Chapter 2.31 to the Vacaville Municipal Code and Creating Thereby the Vacaville
Commission on Aging,” was read by the City Clerk and introduced by Council member Clancy.
B. RESOLUTIONS ADOPTING THE CITY OF VACAVILLE AND
VACAVILLE
REDEVELOPMENT AGENCY OPERATING BUDGETS FOR FISCAL YEARS 1999/00 AND
2000/01
RESOLUTIONS ADOPTING THE CITY OF VACAVILLE AND VACAVILLE
REDEVELOPMENT AGENCY CAPITAL IMPROVEMENT PROGRAM BUDGETS AND
CAPITAL IMPROVEMENT PROGRAM GENERAL PLAN CONSISTENCY AND
ENVIRONMENTAL CONSIDERATIONS REPORT FOR FISCAL YEAR 1999/00
The City Manager explained that the City Council held three budget study sessions, one of which concluded prior to this meeting. He then reviewed the changes implemented by the City Council during the study session.
Mayor Fleming asked Director of Public Works Dale Pfeiffer to discuss the traffic signal plans contained
in the Capital Improvement Budget. Director Pfeiffer noted that a traffic signal would be installed
at
Alamo and Vanden, as well as Browns Valley and Wrentham. He noted that a signal will also be placed
at Sequoia and Leisure Town Road in 2000.
Mayor Fleming opened the public hearing.
Solano County Supervisor Skip Thomson thanked the Council for including the traffic signal at Sequoia
and Leisure Town Road.
Mr. Jamison suggested a three-way stop until the traffic signal could be installed. Director Pfeiffer
explained staff’ s safety concerns and strongly recommended against installation of interim stop
signs.
Mayor Fleming closed the public hearing.
Council/Agency member Clancy, seconded by Vice Chairman/Vice Mayor Wood made a motion “
to
adopt the subject resolutions, including the amendments described by the City Manager.”
Resolution No. 1999-68, “ Resolution Adopting the City of Vacaville Operating Budget for Fiscal
Years 1999/00 and 2000/01,”
Resolution No. RD-1999-10, “ Resolution Adopting the Vacaville Redevelopment Agency Operating
Budget for Fiscal Years 1999/00 and 2000/01,”
Resolution No. 1999-69, “ Resolution of the City Council of the City of Vacaville Adopting the
Capital Improvement Program Budget and the Capital Improvement Program General Plan
Consistency and Environmental Considerations Report for Fiscal Year 1999/2000,” and
Resolution No. RD-199911, “ Resolution of the Redevelopment Agency of the City of Vacaville
Adopting the Capital Improvement Program Budget and the Capital Improvement Program
General Plan Consistency and Environmental Considerations Report for Fiscal Year 1999/2000,”
were approved by the following vote:
AYES: Council/Agency members Augustine, Clancy, Slade, Vice Mayor/Vice Chairman Wood, and Mayor/Chairman Fleming
NOES: None
ABSENT: None
The City Council unanimously thanked staff for their hard work, encouraged public input at future study
sessions, and felt it was a great experience in consensus building.
C. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VACAVILLE
AMENDING DIVISION XX (CONSTRUCTION AND FIRE STANDARDS) OF TITLE 14 (LAND
USE AND DEVELOPMENT) OF THE VACAVILLE MUNICIPAL CODE (First Reading)
Director of Community Development Ron Rowland advised that this amendment to the Land Use and Development Code adopts standards that would enable homeowners to file for and receive grants from FEMA in the event of a disaster.
Mayor Fleming opened and closed the public hearing with no comments noted.
Council member Slade, seconded by Council member Augustine made a motion “ to introduce
the subject
ordinance.” The title of the ordinance, “ An Ordinance of the City Council
of the City of Vacaville
Amending Division XX (Construction and Fire Standards) of Title 14 (Land Use and Development)
of the Vacaville Municipal Code,” was read by the City Clerk and introduced by Council
member Slade.
D. RESOLUTION OF THE CITY COUNCIL DENYING THE PROPOSED VACAVILLE AUTO CENTER POLICY PLAN FREEWAY SIGN AMENDMENT AND INITIATING AN AMENDMENT TO THE POLICY PLAN TO CONSIDER DESIGN PARAMETERS FOR THE AUTO CENTER IDENTIFICATION SIGN
The City Manager briefly explained that this item is an appeal of the Planning Commission’ s decision which denied the applicant’ s request for an off-site electronic communication readerboard in the Auto Center area. City Planner Larry Emerson reviewed the requested amendment to the Auto Center Policy Plan which would allow off-site advertising on an electronic readerboard sign. He noted that the policy plan currently allows an electronic readerboard of up to 930 sq. ft. in area, with a maximum height of 60 ft., and only for on-site advertising. He noted that the applicant is requesting permission to use the sign for general advertising of both Vacaville Auto Center businesses and businesses outside of Vacaville. City Planner Emerson reviewed the Planning Commission’ s recommendation to oppose the proposed amendment. He noted that the Planning Commission also voted to request that the City Council initiate an amendment to the Auto Center policy plan clarifying and determining requirements for a freeway sign of this type.
Mayor Fleming opened the public hearing.
Bill Bird, President of Amerivision, and supplier of electronic communication signs, explained the type
of
sign his client was requesting. He advised that an off-site sign, following the State of California
Outdoor
Advertising Guidelines, prohibits the advertisement of local community events and fundraisers, and
allows only businesses associated with the Auto Center. His client, Tony Batarse, is seeking an
amendment to the policy plan that would allow an off-site sign and would also be available for community
service-type advertising. When asked about advertising percentages that may have been previously
discussed, Mr. Bird stated that 50% for the Auto Mall and 50% for off-premise advertising, which would
include a percentage for community service needs.
Tony Batarse, owner of 15 acres in the auto mall, encouraged the Council to favorably consider his
request. When asked if any dealerships have signed an agreement to advertise, the Council was
informed
that Amerivision does not solicit advertisers until the approvals are granted.
The City Attorney advised that the City Council has broad discretion relative to this approval, pointing
out
various documents like the General Plan, zoning ordinances, and policy plans which may be relative,
and
can consider generally what the Council feels is best for Vacaville.
There being no further public comment, Mayor Fleming closed the public hearing.
The City Council unanimously expressed their lack of support for this type of sign in Vacaville, citing
concerns about driver safety, distractions, the negative image they felt it would place on Vacaville,
and the
apparent lack of support from other dealerships in the auto mall since none had come forward in favor
of
the applicant’ s request.
Council member Slade, seconded by Vice Mayor Wood made a motion “ to adopt the resolution
denying
the proposed amendment to the Vacaville Auto Center policy plan and to direct staff to initiate an
amendment to the policy plan to consider design parameters for the Auto Center Identification Sign.”
Resolution No. 1999-70, “ Resolution of the City Council Denying the Proposed Vacaville
Auto
Center Policy Plan Freeway Sign Amendment and Initiating an Amendment to the Policy Plan to
Consider Design Parameters for the Auto Center Identification Sign,” was approved by
the following
vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming
NOES: None
ABSENT: None
Amerivision President Bill Bird asked for clarification regarding the motion and felt that he could
still go
ahead with the on-premise sign. The City Manager stated that, while the motion denied an off-premise
sign, it did not give the go-ahead for an on-premise sign. Mayor Fleming called a recess to allow
the
applicant to discuss the issue with staff. Recess taken from 8:30 – 8:43 p.m.
9. BUSINESS
A. RESOLUTION AUTHORIZING PURCHASE OF AND ACCEPTANCE OF DONATION OF GREENBELT PROPERTY FROM WELLS FARGO BANK AS TRUSTEE FOR THE VACAVILLE COMMUNITY FOUNDATION
Deputy City Manager Gregg Werner presented an overview of the proposed resolution that would authorize the acquisition of 63.5 acres of open space property; 17.05 acres in Lower Lagoon Valley and 46.45 acres of hillside open space on the north side of Lyon Road. He explained the terms of the agreements noting the purchase price for the 17.05 acres and adding that the 46.45 acres will be donated to the City in January of 2000. He advised that the 17.05 acres would be purchased with greenbelt fees that are collected for open space purchases on the periphery of the City. Deputy City Manager Werner suggested using the Lower Lagoon Valley property as the location for the City’ s second identification sign.
Mayor Fleming asked for public comment.
Donna Harr, Solano County Citizens Land Alliance, commended the Council and staff for negotiating this
agreement. She felt it was the ideal situation and accomplishes the acquisition of greenbelt areas
without
taking from the landowners.
Council member Augustine, seconded by Council member Slade made a motion “ to adopt the
subject
resolution.” Resolution No. 1999-71, “ Resolution Authorizing Purchase of and
Acceptance of
Donation of Greenbelt Property from Wells Fargo Bank as Trustee for the Vacaville Community
Foundation,” was approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming
NOES: None
ABSENT: None
B. RESOLUTION AUTHORIZING AN INCREASE IN EMERGENCY
AMBULANCE
TRANSPORT FEES
The City Manager advised that the increase in ambulance fees was discussed at the budget study sessions. He noted that fees have not been raised since 1993 and that with the 18% adjustment, the City will still be below rates charged by the private sector.
Mayor Fleming asked for public comment and none was noted.
Council member Slade, seconded by Council member Clancy, made a motion “ to adopt the resolution
increasing the ambulance transport fees.” Resolution No. 1999-72, “ Resolution
Authorizing an
Increase in Emergency Ambulance Transport Fees,” was approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming
NOES: None
ABSENT: None
C. COUNCIL DISCUSSION CONCERNING APPLICATION FOR ADDITIONAL GRANTS FOR THE VACAVILLE-DIXON GREENBELT AUTHORITY
The City Manager advised that at the recent annual meeting of the Authority, held in Dixon, there was discussion about the two cities investigating additional ways to purchase more greenbelt land. The desirability of applying for grants to expand the greenbelt area was discussed and the representatives from each City agreed to discuss the matter with their full Councils. The City Manager reiterated that it would be extremely unlikely that the City would be about to procure land on the same basis as the previous greenbelt acreage, which was at virtually no cost to the taxpayers. He stated that expanding the greenbelt now would probably not be without cost, however he advised that there are grant monies that may be available. The City Manager asked the City Council to advise if staff should be actively pursuing grants and talking with interested property owners.
Vice Mayor Wood asked about the large building located within the existing greenbelt area and Deputy
City Manager explained that it was an agricultural-type building which is permitted under the agreement.
There was some discussion about buildings in greenbelt areas and the majority of the Council felt that,
in
the future, there should be guidelines and set-back requirements with regard to buildings and that in
order
to keep the land truly open space, parameters should be set.
Mayor Fleming commented that the greenbelt was designed to keep the land in agricultural use, not
necessary strictly open space and that the building on the greenbelt is far less floor space than would
be
allowed by the County.
Council member Clancy stated she would be interested in pursuing grants, but not necessarily interested
in spending greenbelt fees to purchase land.
Council member Augustine, seconded by Council member Slade made a motion “ to direct staff
to pursue
grants for the purpose of greenbelt acquisition.” Motion unanimously approved.
Council member Clancy asked that a report be provided to the City Council outlining the money owed to
the City as a result of the sale of the 1,003 acres in the Dixon-Vacaville greenbelt area.
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VACAVILLE AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT OF THE EMPLOYMENT RISK MANAGEMENT AUTHORITY AND APPOINTING DIRECTOR AND ALTERNATE DIRECTOR
The City Attorney advised that the City is currently a member of three Joint Power Authorities and briefly explained how each one operates. He stated that he is now recommending that the Council consider joining the Employment Risk Management Authority (ERMA) which is being created to specifically address the defense and payment of damages in employment related to claims and lawsuits. The City Attorney recommended a self-insured retention of $100,000, with a annual premium of $62,000.
Council member Augustine asked about the City’ s outside counsel costs for employment related cases,
and if the City must commit now, or would there be an opportunity in the future.
The City Attorney advised that in FY98/99 the outside counsel costs were above $65,000. He noted
that if
the City were to have a judgment against it, the maximum payout with ERMA would be our self-insured
retention of $100,000. He explained that employment cases these days are brining much more than
that.
The City Attorney pointed out that ERMA has hired an actuary to determine the number of public agency
members needed for the new JPA to be on sound financial footing over the initial three years. So,
even
with Council’ s approval, ERMA may not come into being if there are not enough interested entities. He
recommended that the City Council adopt the resolution authorizing the execution of the Joint Powers
Agreement, appointing Risk Manager Paul Wildermuth as Director and himself as Alternate Director.
Vice Mayor Wood, seconded by Council member Slade made a motion “ to adopt the subject resolution.” Resolution No. 1999-73, “ Resolution of the City Council of the City of Vacaville Authorizing Execution of Joint Powers Agreement of the Employment Risk Management Authority and Appointing Director and Alternate Director,” was approved by the following vote:
AYES: Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming
NOES: None
ABSENT: None
10. REPORTS OF CITY MANAGER
The City Manager thanked the City Council for all their work during the budget process.
11. REPORTS OF CITY COUNCIL
City Council members discussed events they had attended and announced upcoming items of interest.
12. PAYMENT OF CLAIMS – Council member Clancy, seconded by Vice Mayor Wood made a motion “ to order the payroll register dated June 15, 1999, and check register dated June 18, 1999, paid.” Motion unanimously approved.
CLOSED SESSION – None
14. ADJOURNMENT – There being no further business before the
City Council and/or the
Redevelopment Agency, Mayor Fleming adjourned the joint meeting at 9:30 p.m., June 22, 1999.
Respectfully submitted,
Kathleen M. Andronico
City Clerk