Day 1999.09.28CC Jt Mtg CC & RA
JOINT MEETING OF THE CITY COUNCIL
AND THE REDEVELOPMENT AGENCY OF THE CITY OF VACAVILLE
MINUTES
September 28, 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, September 28, 1999. Mayor Fleming called the meeting to order at 7:10 p.m. Mayor Fleming advised that Council member Clancy was introducing a guest speaker at the Performing Arts Theater and would be late.
1. ROLL CALL
Present: Agency/Council members Augustine, Clancy (arrived at 7:45 p.m.), Slade, Vice Chairman/Vice Mayor Wood, and Chairman/Mayor Fleming
Absent: City Attorney Charles Lamoree
Others Present: City Manager John Thompson, Assistant City Attorney Gerald Hobrecht, and City Clerk Kathy Andronico
2. Youth Pastor Brian Chandler, Trinity Baptist Church gave the INVOCATION and Council member Augustine led the PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA - Mayor Fleming asked if there were any additions or deletions necessary for the agenda. Mayor Fleming added Presentation 5c, Proclaiming October as National Arts and Humanities Month.” Vice Mayor Wood, seconded by Council member Slade, made a motion “ to approve the agenda as amended.” Motion approved (4-0).
4. APPROVAL OF MINUTES - Vice Mayor Wood, seconded by Council member Slade, made a motion “ to approve the minutes of the regular meeting of September 14, 1999, as written.” Motion approved (4-0).
5. PRESENTATIONS
A. FIRE PREVENTION WEEK - Fire Department Division Chief Joel Brick gave an overview of the festivities planned to promote Fire Prevention Week on a local and national level. Mayor Fleming presented him with a proclamation.
B. CROP WALK - Chairman Frank Johnson announced the 5th annual Crop Walk to be held October 2. He stated that 50% of the proceeds are divided between Opportunity House, Vacaville FISH, St. Mary’ s and St. Paul’ s food lockers. Mayor Fleming presented him with a proclamation.
C. PROCLAMATION DECLARING OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH - Richard Gideon, President of the Vacaville Arts Council, talked about the importance of the arts. Mayor Fleming presented him with a proclamation.
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 Council member Augustine, made a motion “ to adopt the ordinance, resolutions and other consent calendar items." Motion approved by the following vote:
AYES: Council members Augustine and Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: Council member Clancy
Ordinance No. 1625 - ORDINANCE AMENDING CHAPTER 14 OF THE VACAVILLE MUNICIPAL CODE RELATED TO 1999 MISCELLANEOUS LAND USE AND DEVELOPMENT CODE AMENDMENTS (Second Reading)
Resolution No. 1999-122 - RESOLUTION INITIATING PROCEEDINGS, PROVIDING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2000-01, AND NOTICE OF HEARING FOR THE ANNEXATION OF WESTGATE VILLAGE UNITS NO. 1 & 2 TO THE ARLINGTON COMMUNITY PARK, COUNTRY VILLAGE SETBACK, AND COUNTRY VILLAGE DRAINAGE LANDSCAPING AND LIGHTING DISTRICT
Resolution No. 1999-123 - RESOLUTION INITIATING PROCEEDINGS, PROVIDING INTENTION TO LEVY ASSESSMENTS, PRELIMINARILY APPROVING ENGINEER’ S REPORT, AND PROVIDING FOR NOTICE OF HEARING FOR THE PETCO/I-80 SETBACK LANDSCAPING AND LIGHTING DISTRICT, THE CRESTGATE COVE SETBACK LANDSCAPING DISTRICT, AND THE ANNEXATION OF PROPERTY INTO THE HAWKINS NEIGHBORHOOD PARK DISTRICT
AUTHORIZATION FOR THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AN AGREEMENT WITH PG&E ACCEPTING A REFUND FOR STREETLIGHT BILLING
APPROVAL OF FY 1998-99 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT
7. BUSINESS FROM THE FLOOR
Lou Derfuss asked for an update on the Smog Check 2 litigation. Mayor Fleming informed him that the City filed its brief with the Appellate Court and the matter should be heard in early 2000.
8. PUBLIC HEARINGS
A. RESOLUTION OF THE CITY OF VACAVILLE CITY COUNCIL APPROVING THE SECRET GARDENS SENIOR APARTMENT PROJECT NEGATIVE DECLARATION, PLANNED DEVELOPMENT PERMIT, AND DENSITY BONUS and AN ORDINANCE AMENDING CHAPTER 17 OF THE VACAVILLE MUNICIPAL CODE BY CHANGE OF ZONING MAP (SECRET GARDENS)
City Planner Larry Emerson reviewed the 80-unit senior restricted apartment complex that is proposed at Demarest and Alamo Drives. He stated that the developer is requesting a front yard setback reduction, as well as a rear yard setback reduction from 20-ft. to 15-ft., which is recommended by staff. He also noted that a density bonus is requested to increase the maximum allowed nu7mber of dwelling units on the site from 14 to 20 per acre. He stated that the density bonus request is consistent with other recently approved senior apartment projects.
Mayor Fleming opened and closed the public hearing with no public comment noted.
Vice Mayor Wood, seconded by Council member Slade made a motion “ to adopt the subject resolution
and introduce the ordinance.” Motion approved 4-0. Resolution No. 1999-124,
“ Resolution of the
City of Vacaville City Council Approving the Secret Gardens Senior Apartment Project Negative
Declaration, Planned Development Permit, and Density Bonus,” was approved by the following
vote:
AYES: Council members Augustine and Slade, Vice Mayor Wood and Mayor Fleming
NOES: None
ABSENT: Council member Clancy
The title of the ordinance, “ Ordinance Amending Chapter 17 of the Vacaville Municipal Code
by
Change of Zoning Map – Secret Gardens,” was read by the City Clerk and introduced
by Vice Mayor
Wood. Council member Slade asked that staff provide information on the collective total of all
the senior
units currently available and/or approved in Vacaville.
9. BUSINESS
PUBLIC MEETING TO CONSIDER THE FORMATION OF A BUSINESS IMPROVEMENT DISTRICT FOR DOWNTOWN
Director of Housing and Redevelopment Charles Learned and Project Coordinator Kevin Smith reviewed the staff report for the record. Director Learned stated that the Downtown Vacaville Business Association (DVBA) worked diligently over the past several months to educate the downtown businesses about the proposed tenant-based Business Improvement District (BID) and to enlist their support. He noted that to date, the DVBA has received support from businesses representing about 52% of the anticipated BID revenue. Director Learned advised that the expected revenue would be about $45,000 per year and explained some of the improvements and activities that may be undertaken with the revenue. The actions required by the City Council to form the BID were explained.
[Council member Clancy arrived at 7:45 p.m.]
Project Coordinator Kevin Smith explained that if the BID were formed, the DVBA membership would automatically be increased to include all businesses properly licensed in the City within the BID boundaries. After the BID is formed, the DVBA will hold an election among its expanded membership in order to obtain a more representative Board of Directors. Project Coordinator Smith stated that it is likely the DVBA Board of Directors will be appointed as the BID Advisory Board by the City Council, as part of the formation of the BID. He advised that the City will negotiate and enter into a contract for administration of the BID funds and that the contract and BID will require annual reporting and renewal before the City Council. With the increased membership, and the new Board, an annual business plan will be required detailing the activities on which the funds will be expended. It was stressed that, if the BID is formed, it will expire in one year if not renewed by the City Council through the public meeting process. Projector Coordinator Smith indicated that the DVBA Coordinator, Sue McManus, and the consultant assisting with the formation of the BID, Ed Henning, are available for questions.
The City Council asked how the 52% support was calculated, if a business plan was developed, if non-profit
organizations within the BID boundaries would be assessed, and what is considered a service-related
business. Director Learned noted that there is a draft plan, which will be considered with the
future ordinance. However, he pointed out that if the BID is formed, a new business plan would
be
required. He advised that non-profit organizations are not included and service-related businesses
include
barber shops, beauty shops, and businesses that provide more service than retail.
Mayor Fleming opened the public hearing.
DVBA Coordinator McManus talked about the creation of the DVBA in 1993. She explained the benefits
of having 350 members, instead of the current 70 members, as well as additional services that would
be
available to them like local advertising, internet advertising, etc., if the BID is formed.
Consultant Ed Henning advised that there are currently 250 BIDs in California, and reiterated that the
BID would need to be renewed each year. He also explained that the vote is weighted depending
upon the
monies paid in. Council member Slade asked for data that supports the benefits from BIDs as experienced
by other cities. She indicated the need for more information showing that the BID is beneficial
and
expressed concern about burdening downtown businesses with additional assessments. Mr. Henning
stated that he would provide the requested information at a future meeting. He felt that the BID
would
provide one more tool to help the downtown businesses compete with other shopping areas in Vacaville
by
offering collaborative marketing efforts at much less cost to individual businesses. Compared
to other
cities, he indicated the assessments would be relatively modest.
Following discussions with several downtown business owners, Vice Mayor Wood stated there is
frustration because of the absence of a business plan, and the statement that a business plan cannot
be
presented until the new Board is in place. He also asked about the ability to protest formation
of the BID.
Consultant Henning stated that this is the beginning of the protest process and noted that there will
be
another public hearing to introduce the ordinance, followed by a second reading of the ordinance. He
advised, however, that written protests must be received by the majority in order to take the issue
out of
Council’ s authority. If a revenue-producing majority does not protest, then it is within
the discretion of
the Council to form the BID. Housing and Redevelopment Director Learned noted that there is a
business
plan available now which describes the business points and objectives of the DVBA and well as business
retention objectives. He stated that the document is currently available to the Council and provides
information with regard to what the Council is paying for now. Council member Augustine indicated
that
he had also walked the downtown area and a number of issues were raised by the merchants: they wanted
to see something in more detail about the benefits and plans, only 20% of the merchants voluntarily
belong to the DVBA, merchants will be forced to participate, and there is not a ballot process in order
to
vote for or against the district.
The speakers opposed to formation of the BID voiced several concerns: there is very little retail in
the
downtown area as compared to service-related, real estate, and social service; did not want to be forced
to
join, did not understand the benefits they would receive, felt the fees were either too high or that
there was
a disparity between the different business classifications and balance of assessments, felt it was another
tax, did not receive enough information in advance, would make leasing store space more difficult. One
speaker felt that real estate offices should be assessed in the same manner as beauty salons (individual
assessments) and another speaker stated that while he was not opposed to the concept, he did not approve
of the way it was presented and encouraged the City to continue to look for grant funding to support
some
of the downtown needs. Another speaker stated that he would oppose the BID if its purpose was
just to
promote downtown festivities, but if the purpose was to protect and create retail space, he would then
support its formation. He strongly supported making downtown the place to shop and protecting
retail
space in the downtown area.
Council member Clancy stated she was bewildered that when the City was paying for downtown
improvements, there were no protests, and now some of the downtown businesses are not willing to
contribute to the continued success of the area. She noted that the City contributed $75,000 to
the DVBA
over a three-year period and has, over the past several years, spent millions of dollars in the downtown
area for improvements which benefit all the downtown businesses.
The speakers supporting formation of the BID felt the additional participation and revenue for the
Association would benefit the entire downtown by providing more marketing and advertising for
everyone. It was stated that downtown events like Merriment on Main, the Farmer’ s Market,
and other
activities bring residents to the downtown area who might otherwise never know what the downtown has
to offer. One speaker stated that a professional organization is the only hope for the health
of the
downtown, especially in the historic downtown area, and suggested that the City consider providing
matching funds. It was noted that the downtown area has historical significance and perhaps that could
be
marketed to bring tourism to the downtown area. One speaker, who stated she does not own a business
downtown, felt that the downtown area has huge potential, however it is important to recognize the
contradiction of interests and users in the downtown. She stated it is important to determine
what is
trying to be accomplished and that the solution should not just fall on the backs of retailers, but
the
approach should be to involve everyone in the solution, including non-profits. She felt that if
there is buy-in from all the businesses in the downtown area, it would encourage networking, involvement,
energy,
and a family-type approach that would greatly benefit the downtown.
Mayor Fleming closed the public hearing.
Recess 9:25 – 9:30 p.m.
Director Learned stated that developing a vision for the downtown is one of the projects on the Council’
s
Strategic Plan. He announced that a public meeting concerning this vision is scheduled for October
6, 7
p.m., at the Opera House. He encouraged participation by downtown business owners, landowners,
and
the public in general.
The City Council individually reviewed their reasons for favoring further study of this proposal. In
their
comments it was pointed out that millions of dollars have been invested in the downtown, most recently
with the development of the creekwalk and the proposed Town Square, as well as additional parking. It
was pointed out that if the BID is formed, it must be renewed by the City Council every year. Therefore,
if
a majority feels that there is no value being received, businesses will have the opportunity to inform
the
City Council. The Council inquired about the downtown businesses that were acquired by the City
in
preparation for a Town Square, and asked if those businesses would be exempt. Director Learned
stated
that it is not likely the businesses will be torn down until there is another project to go in their
place, and
that the City has not closed escrow on all the properties to date. Staff felt that for the period
of time they
would be operational, they could be assisted by the BID, therefore they have not been exempted. However,
if the Council chooses, the businesses that are slated to be relocated could be omitted. There
were
concerns about the process for setting the fees, as well as the boundaries and distinction between Zone
A
and B, and realtors not paying per license like beauty shops. It was suggested that these issues
be
addressed at the next public meeting. It was also pointed out that this concept was not developed
by the
City, but rather the business owners themselves who are concerned about the vitality of their downtown.
The Council encouraged the businesses, business owners and property owners to work together towards
a
common goal.
Council member Slade, seconded by Vice Mayor Wood made a motion “ to schedule the consideration
of
the Resolution of Intention to form the Business Improvement District for October 12, 1999; and that
staff
return with the information requested during the hearing.” In response to a few specific
comments
during public testimony, Council member Augustine suggested the Farmer’ s Market stalls be placed
in
the middle of Main Street so as not to block entrance into any of the businesses. Council member
Clancy
stated that the Fiesta Days parade was moved from Main Street to Merchant Street after the planters
were
installed on Main Street which made it difficult for the floats and other parade entries to navigate
the
narrower streets. Motion unanimously approved.
Redevelopment Agency - REQUEST FROM THE DOWNTOWN VACAVILLE BUSINESS ASSOCIATION (DVBA) FOR $10,000 IN INTERIM FINANCING TO FUND OPERATING EXPENSES THROUGH THE END OF THE YEAR
The Executive Director stated that, through the Redevelopment Agency, the City has been supporting the DVBA. Depending upon approval of the BID, the DVBA would need funding ($10,000) to continue operation through the end of the year.
Chairman Fleming asked for public comment. Lou Derfuss opposed putting more money into the
DVBA
with a specific outline of where the money is being spent. There was no further public comment.
Agency member Clancy, seconded by Vice Chairman Wood made a motion “ that the Redevelopment
Agency approve DVBA’ s request for $10,000 of interim funding to maintain and continue operation
until
the BID formation process is completed.” Motion unanimously approved.
INDEPENDENT AUDITORS’ REPORT ON CITY TRAVEL AND PURCHASING PRACTICES
Director of Administrative Services Pat Moreno advised that as directed by the City Council at its meeting of July 27, 1999, the independent audit firm of Caporicci, Cropper & Larson (CC&L) prepared a special report on City travel and City purchasing practices. She explained that the travel audit included two years, fiscal years ending June 30, 1998 and June 30, 1999; and credit card expenditures for the year ending June 30, 1999. Director Moreno stated that the City received a very good report, although there are some policy/procedural areas that need to be strengthened. Finance Manager Ken Campo provided information concerning the City’ s purchasing practices with regard to centralized vs. de-centralized purchasing, as requested specifically by Vice Mayor Wood. He stated that the report indicates that the practices currently in place are consistent with other agencies of our size. The audit report indicated that this system appears to be most economical for Vacaville at this current time.
John Cropper, Engagement Manager with CC&L, and Auditor Nasi Racion reviewed the report. While
they felt the controls were good, supporting documentation and tightening up purchasing card controls
was recommended. They did not recommend a more in-depth audit at this time.
Council member Clancy asked about referring to Vacaville’ s audit as “ adequate” and
Ms. Racion noted
that in the accounting world adequate means “ very good.” Council member Clancy
noted that she
preferred to reach outstanding. Council member Augustine asked about the last two paragraphs of
the
audit letter and Mr. Cropper indicated that it is normal disclaimer language. Vice Mayor Wood
mentioned the centralized purchasing issue and talked about the City’ s philosophy to buy locally. The
City Manager explained that, in general, the City tries to purchase most of its goods locally. However,
if a
very large savings can be realized, it is sometimes prudent to go out for bid. Finance Manager
Campo
stated that the City recently went out to bid on office supplies and one local vendor and Office Depot
responded. He stated that Office Depot was able to offer deeper discounts, however he stated that
it is not
an exclusive arrangement and does not preclude purchasing office supplies locally. Council member
Clancy asked if efforts have been made to easily produce documentation concerning travel expenses
incurred by elected officials, to which Finance Manager Campo stated that the information has always
been available, but has recently been centralized to make disclosure easier. Council member Augustine
revisited the office supply bidding process and suggested that it could be handled much like the City’
s
approach to auto parts, where the goods are divided into groups which could allow more than one vendor
to successfully compete and provide needed office supplies. Council member Slade was pleased to
be able
to say that in her opinion, the City’ s stewardship of the citizen’ s tax dollars is very
good.
Council member Clancy, seconded by Council member Slade made a motion “ to accept the report
of
Caporicci, Cropper & Larson.” Motion unanimously approved.
10. REPORTS OF CITY MANAGER – The City Manager
announced the special City Council
meeting addressing executive housing, Thursday, September 30 at 6 p.m.; and the Tribute to Seniors
event at the Ulatis Cultural Center, October 6, 10 a.m. – 4 p.m.
11. REPORTS OF CITY COUNCIL
A. COMMISSION APPOINTMENTS
With regard to an appointment to the Community Services Commission, Mayor Fleming recommended the appointment of Pamela Greaves. Council member Clancy, seconded by Council member Slade made a motion “ to approve the Mayor’ s recommendation.” Motion unanimously approved.
With regard to appointments to the Commission on Aging, Mayor Fleming recommended the appointment of Garland Porter, Peggy Willson, Dorothy Locke, Laura Carlson, Evelyn Abbott, Kathleen Hull and Thomas Staples. Vice Mayor Wood, seconded by Council member Slade made a motion “ to approve the Mayor’ s recommendations.” Motion unanimously approved. Mayor Fleming suggested that the unsuccessful applicants for the Commission on Aging (Roosevelt Franklin, Loretta Evans-Bazemore, and Jeanne Sorensen) be considered for the Senior Roundtable. The City Council unanimously congratulated the newly appointed Commission on Aging members.
*****
Council member Slade recounted her experience of last Saturday helping with construction at the Habitat for Humanity duplex. She encouraged the public to volunteer their time as well.
*****
Council member Clancy stated that the Veterans Affairs awarded a contract for a clinic at Travis AFB, to be completed in about 10 months. She stated that George Tucker and Council member Augustine had partnered with her in a quest to find artwork, sculptures, plants, etc. to decorate the facility. She asked anyone in the public who has a picture named “ Petunia,” which depicts the history of the United States Air Force, to consider its donation to the clinic. Council member Clancy also commented on some fliers which were distributed in the North Vacaville area that contained inaccurate information about potential executive housing development.
*****
Vice Mayor Wood stated that Ernie Tufft, an advocate objecting to the Leisure Town Road widening, had recently suffered the loss of his youngest son and asked that thoughts and prayers be extended to he and his family. Vice Mayor Wood commended Vacaville Chamber of Commerce Nancy Murphy for her 20 years as a Chamber employee.
*****
Mayor Fleming noted that an awards ceremony was being held this evening recognizing professionals and employees in the child abuse field. He stated that some City employees were being honored at this event.
12. PAYMENT OF CLAIMS – Council member Clancy, seconded by Vice Mayor Wood made a motion “ to order the payroll register dated September 15, 1999, and check register dated September 20, 1999, paid.” Motion unanimously approved.
13. CLOSED SESSION – The meeting was adjourned at 10:40 p.m., in order to hold a closed session pursuant to Government Code Section 54950 et. Seq., Conference with Labor Negotiator: John P. Thompson and Pat Moreno; Employee Organization – Vacaville Managers Organization. The meeting was resumed at 11:10 p.m. with no announcements made.
14. ADJOURNMENT – There being no further business before the City Council, Mayor Fleming adjourned the regular meeting of September 28, 1999, at 11:11 p.m.
Respectfully submitted,
Kathleen M. Andronico
City Clerk