Month 1999.10 October.


Day 1999.10.12CC



CITY OF VACAVILLE
CITY COUNCIL MINUTES
October 12, 1999

    A meeting of the City Council of the City of Vacaville was held at the City Council Chambers, 650 Merchant Street, October 12, 1999.  Mayor Fleming called the meeting to order at 7:00 p.m.

1.    ROLL CALL
Present:    Council members Augustine, Clancy, Slade, Vice Mayor Wood, and Mayor Fleming
Absent:    None
Others Present:    City Manager John Thompson, City Attorney Charles O. Lamoree and City Clerk Kathy Andronico

2.    Pastor Raleigh Galgan, 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 to the agenda. 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 September 28, 1999, as submitted.” Motion unanimously approved.

5.    PRESENTATION –  VACAVILLE GYMNASTICS
Recreation Coordinator Yvonne Beebe introduced a delegation of gymnasts from the City’ s gymnastic program and talked about the benefits of the program.  Several youth participants approached the Council and explained why they felt the program benefited their well being.  The Council was invited to attend their next competition and given tickets and a T-shirt.

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 asked that Item 6d be removed for separate discussion.  Council member Clancy, seconded by Council member Slade, made a motion “ to adopt the ordinance and resolutions."  Motion approved by the following vote:

AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES:    None
ABSENT:    None

A.    Ordinance No. 1626 - ORDINANCE AMENDING CHAPTER 14 OF THE VACAVILLE MUNICIPAL CODE BY CHANGE OF ZONING MAP (SECRET GARDENS) – Second Reading

B.    Resolution No. 1999-125 - RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EMPLOY AN ENGINEERING FIRM FOR DESIGN OF THE CENTRAL GARAGE EXPANSION PROJECT AT THE CITY CORPORATION YARD

C.    Resolution No. 1999-126 - RESOLUTION TO INCREASE THE ADMINISTRATIVE FEE SCHEDULE FOR THE CONCEALED WEAPON PERMIT PROCESS PURSUANT TO CALIFORNIA PENAL CODE SECTION 12054

D.    RESOLUTION OF INTENTION TO FORM THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT –  Removed for separate discussion

E.    Resolution No. 1999-128 - RESOLUTION INITIATING PROCEEDINGS, PROVIDING INTENTION TO LEVY ASSESSMENTS FOR FISCAL YEAR 2000-01, AND NOTICE OF HEARING FOR THE ANNEXATION OF THE PROPOSED BENTLEY SQUARE PROPERTY TO THE BROWNS VALLEY PARK AND SETBACK LANDSCAPING AND LIGHTING DISTRICTS

Item 6d -    RESOLUTION OF INTENTION TO FORM THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT
Council member Slade asked that this item be removed from the Consent Calendar for separate discussion.  She stated that during the initial public meeting, several questions were raised by Council and asked if staff was prepared to address those issues.  Director of Housing and Redevelopment Charles Learned and the City Manager explained that the issues are being researched and staff will incorporate Council’ s questions in its presentation scheduled for November 9.

Mayor Fleming asked for public comment.  Downtown business owner Terry Jones stated that he has talked to several businesses in the downtown area and they are not in favor of the Business Improvement District’ s (BID) formation and questioned the information received by the Downtown Vacaville Business Association (DVBA) and City Council that suggested there is currently 52% in favor of the concept.  He also questioned the authority to consider majority approval based on revenues generated rather than individual business representation.  The City Attorney explained the City’ s ability to impose the assessment and the procedure using a weighted vote based on revenues collected.  DVBA Sue McManus offered further information concerning the calculation of assessments.  There was no further public comment.  The City Council agreed that there are several questions to be answered regarding the assessment calculations and the BIDs benefit to the downtown merchants.

Council member Slade, seconded by Vice Mayor Wood made a motion “ to adopt the resolution of intention.”   Resolution No. 1999-127, “ Resolution of Intention to Form the Downtown Business Improvement District,”  was approved by the following vote:

AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES:    None
ABSENT:    None

7.    BUSINESS FROM THE FLOOR  - None

8.    PUBLIC HEARINGS

A.    MINUTE ACTION TO UPHOLD THE PLANNING COMMISSION DECISION DENYNG THE OUTBACK STEAKHOUSE SIGN PROPOSAL
City Planner Larry Emerson reviewed the project and introduced the staff report into the record.  He stated that the applicant, Fancher Development Services, is appealing the September 21, 1999 Planning Commission decision wherein the applicant was denied a request to allow tenant identification signs on four sides of the Outback Steakhouse restaurant.  City Planner Emerson stated that the current Downtown Plaza Planned Sign Program allows tenant identification signs on three sides of freestanding single-occupant buildings within the center, one freestanding ground sign, and space on the monument sign currently occupied by Brendan Theaters, McDonald’ s and Chevron.  He enumerated other single tenant pad buildings with three or fewer building signs and noted that if a fourth sign is approved for Outback Steakhouse it would be inconsistent with past decisions and may set a precedent for similar future requests.

Mayor Fleming opened the public hearing.

Appellant Bill Fancher addressed the City Council and explained why the restaurant needs four signs.  He stated that the restaurant would be willing to forego the monument sign in order to put a fourth sign on the building.

Mayor Fleming closed the public hearing.

Council member Clancy, seconded by Council member Augustine made a motion “ to uphold the appeal and to amend the sign ordinance to allow exceptions under certain conditions.”   The City Council briefly discussed the motion with regard to amending the sign ordinance.  It was generally felt that the recent thorough review and subsequent amendment to the sign ordinance provided the flexibility needed in most cases, and that the Council did not want to be the “ clearing house”  for every sign issue.  Council member Slade stated that her main concern was the size of the lettering on the fourth building sign.  After the discussion, Council member Clancy amended her motion to exclude amending the sign ordinance and Council member Augustine concurred.  Motion unanimously approved as amended.

B.    ORDINANCE ADOPTING THE SOLANO COMMUNITY COLLEGE DEVELOPMENT AGREEMENT FOR THE VACAVILLE HIGHER EDUCATION CENTER
Deputy City Manager Gregg Werner reviewed the staff report for the record noting that the proposed development agreement details the relationship between the Solano Community College District and the City in regard to the development of the 60-acre Vacaville Higher Education Center.  He stated that the proposed agreement establishes the future procedures and standards for the development of the education center; incorporates past agreements and plans into one permanent agreement; and documents City approval of the center for State agencies.  He reiterated that approval of the site, as well as the regulations and standards that apply, will aid the College in applying for State funding that will be needed for development.  He then reviewed the key provisions of the agreement and advised that Solano Community College President Stan Arterberry was available for questions.

Mayor Fleming opened the public hearing.

President Arterberry talked about the current enrollment at the Vacaville satellite campus, noting that the morning and evening classes are full and administration’ s current focus is to attract more mid-day enrollment.  He stated that in order to be eligible for State funding, the campus must have at least 500 full-time day students and that the college hopes to meet that requirement within two years.  President Arterberry stated that the goal is to begin construction on a permanent facility during 2002-2003.  He also noted that CSU-Sacramento would be offering a Bachelor of Arts in Administration program at the Vacaville campus beginning the fall of 2000, primarily with evening and weekend classes.

Mayor Fleming asked the likelihood of obtaining State funding in 2002 and President Arterberry stated that the College is hoping for a successful State bond measure, and is also seeking alternative funding. Council member Clancy asked why the original plan was changed and expressed her disappointment that the College was not yet on line and pointed out the 2,400 building permits the City gave up in order to make land available for the College, which is still not built.  President Arterberry explained that the initial plan did not include any science labs, or curriculum for bioscience technology.  He stated that the revised plan provides for those needs.  Council member Slade reiterated that the public must understand how important education is to our society and needs to come forward with the money to support educational programs and facilities.  She expressed her hope that the college campus being promised will have some of the amenities previously proposed.  Council member Augustine talked about the Select Committee on City and School Relations, of which Solano Community College is a member, and noted how dedicated its members are to seeing the Vacaville campus become a reality.  He shared the concerns previously expressed about the City giving up the building permits in that area to make the land available for the campus, but felt the permanent campus should be pursued with vigor.  Mayor Fleming felt that the college has worked hard and long in their efforts to secure funding for the campus, however some of the circumstance are beyond their control.  He stated that developing the partnership with CSU is good, supported passage of a bond measure and hoped that the college would be built in the next ten years.

There being no further comments, Mayor Fleming closed the public hearing.

Council member Augustine, seconded by Council member Slade made a motion “ to reaffirm the North Village EIR as adequately addressing the impacts of the proposed project and to introduce the subject ordinance.”   Motion unanimously approved.  The title of the ordinance, “ Ordinance Adopting the Solano Community College Development Agreement for the Vacaville Higher Education Center,” was read by the City Clerk and introduced by Council member Augustine.

C    RESOLUTION APPROVING ENGINEER’ S REPORT, CONFIRMING DIAGRAM AND ASSESSMENT AND ORDERING LEVY OF ASSESSMENT FOR FISCAL YEAR 2000-01 FOR THE VACA VALLEY BUSINESS PARK MAINTENANCE ASSESSMENT DISTRICT NOS. 72, 73, AND 74
The City Manager explained that this is a public hearing to consider establishing a Maintenance Assessment District covering the areas in and around Genentech and Kaiser.

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

Vice Mayor Wood, seconded by Council member Clancy made a motion “ to adopt the subject resolution.” Resolution No. 1999-129, “ Resolution Approving Engineer’ s Report, Confirming Diagram and Assessment and Ordering Levy of Assessment for Fiscal Year 2000-01 for the Vaca Valley Business Park Maintenance Assessment District Nos. 72, 73, and 74,”  was approved by the following vote:

AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES:    None
ABSENT:    None

D.    RESOLUTION AUTHORIZING ANNEXATION OF THE WALNUT GROVE SENIOR APARTMENTS INTO THE WILLOWS NEIGHBORHOOD PARK MAINTENANCE DISTRICT
The City Manager explained that this is a public hearing to consider annexing Walnut Grove Senior Apartments into the Willows Neighborhood Park Maintenance District.  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 resolution.  Resolution No. 1999-130, “ Resolution Authorizing Annexation of the Walnut Grove Senior Apartments into the Willows Neighborhood Park Maintenance District,”  was approved by the following vote:

AYES:    Council members Augustine, Clancy, Slade, Vice Mayor Wood and Mayor Fleming
NOES:    None
ABSENT:    None

    9.    BUSINESS

A.    RESOLUTION TO ESTABLISH A RESTRICTED PARKING DISTRICT ON PECAN STREET
Director of Public Works Dale Pfeiffer reviewed the staff report for the record.  He stated that residents of Pecan Street had asked the City to establish a restricted parking area along their street because many commuters were parking in front of their homes because the Park and Ride lot on Davis Street is heavily utilized.  Director Pfeiffer stated that staff suggested two alternatives:  a two-hour parking limit on Pecan Street, restricted parking, 7:30 a.m. –  3:30 p.m., Monday through Friday.  Nine of the 12 residences on Pecan Street preferred the latter.  He noted that if approved, each home would be issued a single permit, plus two guest permits.

Mayor Fleming asked for public comment.

Dennis Risa, Olive Street resident, pointed out that his home was not included in the request, however he is frequently impacted by vehicles parking in front of his residence.  He asked to be included in the restricted parking area.  Director Pfeiffer advised that Olive Street was not included in the survey.  The City Attorney advised that it would be within the Council’ s discretion to add 509 Olive Street, and then perhaps later staff could survey Olive Street in its entirety.

George Tucker spoke against permitted parking on Pecan Street.  He felt it would open the door for other neighborhoods to make parking on the street their exclusive right.  He stated that he visited Pecan Street seven different times and did not witness the parking problem described.  He mentioned the Peabody Park & Ride, which is rarely utilized, and suggested education may be more appropriate than parking permits.

Council member Clancy, seconded by Mayor Fleming made a motion “ to adopt the resolution establishing a restricted parking district on Pecan Street.”  

The City Council discussed the advantages and disadvantages of approving restricted parking in various neighborhoods.  It was pointed out that the City currently has restricted parking in neighborhoods near Will C. Wood and Vacaville High Schools.  It was also noted that by approving restricted parking on Pecan Street, it may push the parking problems to neighboring streets.  Some Council members suggested a more extensive survey prior to making the decision and also providing more public education regarding alternative parking.  It was noted that Hearn Construction is located near Pecan Street and the business will be moving to a new facility in November, so it may be prudent to postpone any decision until that company moves to see if that solves some of the parking problems.

Mayor Fleming, seconded by Council member Slade made a motion “ to table the issue to the first meeting in December.”   Motion unanimously approved.

B.    RESOLUTION IN SUPPORT OF FEDERAL IMPACT AID TO LOCAL SCHOOL DISTRICTS
The City Manager reviewed the staff report for the record.  He stated that it is recommended that the City Council support the local school districts in their attempt to seek continuation of Impact Aid from the federal government.  He stated this has historically been paid to local districts for educating children of federal employees who live in housing that does not contribute property tax.

Mayor Fleming asked for public comment and none was noted.

Vice Mayor Wood, seconded by Council member Clancy made a motion “ to adopt the subject resolution.” Resolution No. 1999-131, “ Resolution in Support of Federal Impact Aid to Local School Districts,” 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 announced the return of the United Way Telethon, November 5 and 6 and advised that Council members may be contacted to volunteer their time.  He stated that October 19 is designated as a study session and asked if there are any issues Council would like staff to prepare.  The Council unanimously cancelled the study session.

11.    REPORTS OF CITY COUNCIL
The City Council reported on various events they attended over the past two weeks.  Vice Mayor Wood and Council member Clancy discussed some of the anxiety that has been raised by residents in the north west area of Vacaville with regard to executive housing.  The majority of the Council concurred that no decisions have been made, only the decision to proceed with feasibility studies of the Lower Lagoon Valley and Rogers/Vaca Valley areas as potential sites.  Council member Slade offered her support for the executive housing project, but encouraged the Council to be mindful of the need to retain affordable housing for lower income families.  Council member Augustine advised that he attended the League of California Cities Annual Conference in San Jose, October 9-12 and stated that, from his perspective, the Council may need to be more involved in what it wants the League to accomplish on its behalf.  He stated that there is value in training and networking with other cities facing the same issues as Vacaville.  He suggested the Council identify goals/issues for the League to help us with, an example being Smog Check 2.  Mayor Fleming urged that the City find a way to get the fountain at the Cultural Center in operation by addressing the previous liability issues that caused its non-use.

12.    PAYMENT OF CLAIMS –  Council member Clancy, seconded by Vice Mayor Wood made a motion “ to order the payroll register dated September 30, 1999, and check register dated October 5, 1999 paid.”   Motion unanimously approved.

CLOSED SESSION –  None

14.    ADJOURNMENT –  There being no further business before the City Council, Mayor Fleming adjourned the meeting at 9:28 p.m., October 12, 1999.

Respectfully submitted,


Kathleen  M. Andronico
City Clerk