6:00
P.M.
City
Hall
The public may address
the City Council on items not on the agenda during the "Public
Comment" portion of the agenda, and on any item listed on the agenda
during the consideration of that item when the Mayor calls for public comment
from the audience. Following
recognition, persons desiring to speak are requested to come to the podium and
state their name. Persons wishing to address
the City Council will be limited to three minutes. Members of the public may
aggregate their speaker times, but the aggregate speaker times may not exceed
fifteen minutes. Speaker times may be
adjusted if the Mayor finds it appropriate. After hearing public comments on an
item, the public portion of the meeting is closed and the item brought to the
Council level for discussion and action.
The City Council enjoys and operates under an
open meeting forum, thus encouraging citizens and members of the audience to
address their individual concerns. To the extent necessary, the City Council
expects meetings to be conducted in an orderly manner and this includes those
individuals addressing the City Council to present their matters of concern and
interest.
Individuals
who engage in disorderly, loud, boisterous or disruptive conduct will not be
allowed to continue their presentation before the City Council. This includes
the use of threatening, profane or abusive language in the public assembly. If
an individual engages in such conduct, the Mayor will call the individual to
order. If such conduct continues, at the discretion of the Mayor or a majority
of the City Council, the individual may be ordered to leave the City Council
meeting.
A person refusing to leave
the meeting upon being so ordered by the Mayor or majority of the City Council
will cause the meeting to be halted and the Mayor to declare a recess. The
Sheriff’s Department will then be contacted and directed to remove the
individual from the meeting. Refusing to leave upon direction of the Sheriff’s
Department can result in arrest for violation of Section 403 of the California
Penal Code, which provides in part that “Every person who, without authority of
law, willfully disturbs or breaks up any assembly or meeting, not unlawful in
its character… is guilty of a misdemeanor.” The refusal to comply with the
Sheriff’s deputy may result in an additional violation of Section 148 of the Penal
Code, with respect to interference with a peace officer and the performance of
their duty.
In
compliance with the American with Disabilities Act, if you need special
assistance to participate in this meeting, please contact Jan McClintock at
831-623-4661. Notification 48 hours
prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to this meeting. (28 CFR 35.102-35.104
1.
Call To Order of the
Pledge
of Allegiance
Roll
Call
2. Approval of the Agenda
3. Closed Session
A.
The City Council will meet in closed session pursuant to
Government Code
Section 54956.9(a) to confer with legal counsel
regarding an adjudicatory
proceeding before the Economic
Development Administration of the
Department of Commerce, entitled
“Appeal of Audit Resolution
Determination, Audit Report Number
STL-18499-07-0001, EDA Award
Number 07-01-05478.”
4. Public Comment on Items Not on the Agenda
The public may address the City Council on
items not on the agenda during the “Public Comment” portion of the meeting.
Persons wishing to address the City Council will be limited to three (3)
minutes. Because the item is not on the agenda, no response is required of the
City Council or the City staff and no formal action may be taken on the item in
this meeting. However, the Council may place the item on the agenda the item
for a future meeting.
5. Presentations, Informational Items and Reports
Written information
for all matters listed under Informational Items will be presented in the City
Council packet. There will be no separate discussion of these items unless
requested by a member of the City Council, a staff member, or a citizen.
A.
Closed Session Report – City Attorney George Thacher
B.
Water Infrastructure Project Report – Project
Manger
C.
D.
Monthly Financial Statements
E.
Code Enforcement Report
F.
Library Report
G.
Fire Chief’s Report
H.
Sheriff’s Report: Monthly Activity
I.
Report
of CLG Grant – City Planner
J.
Status
Report on Municipal Services Review and LAFCO actions
K.
Status
Report on Upgrades to the Sewer Plant Capital Improvement Project
L.
Status
Report on the Tertiary Water Treatment Plant Construction Project
M.
Public Works
Report – MCE Corporation and Mayor Dias
i.
Report on Community Center RFP and Funding
ii.
Introduction
of MCE and time schedule for implementation
N.
Update on New City Bathrooms on
O.
Update on City of
P.
Highway 156 Report – Mayor Dias / Vice Mayor
Edge
Q.
Reports by Public Officials: COG, LAFCO, Water
Resources Association, Revolving Loan, AMBAG, Integrated Waste Management
R.
Report
on Cable Franchise Renewal Activities – City Manager
S.
Committee
Reports and Provide Future Direction by the Full City Council
6. Consent Items
All matters listed under the Consent
Agenda may be enacted by one motion authorizing actions indicated for those
items so designated. There will be no
separate discussion of these items unless requested by a member of the City
Council, a staff member, or a citizen.
A.
Approve Affidavit of Posting Agenda
B.
Approve Minutes for January 15, 2008 Regular
City Council Meeting
C.
Waive Reading of Ordinances and Resolutions on
Tonight’s Agenda Beyond Title
D.
Adoption of Ordinance 2008-XX Amending Certain
Provisions of Chapter 5-9 of the Municipal Code; Grease Traps
E.
Adoption of Ordinance 2008-XX, Title 11:
Historic Preservation Ordinance Update
F.
Approve
Resolution 2008-XX Approving an Agreement for Water Rights Counsel and
Associated Services with Lennihan Law, A Professional Corporation
G.
Approve Infrastructure Improvements Program
Contract Amendment with
7. Action Items
A.
Update on the status and setting of a public
meeting on Resolution 2008-XX Approving and Directing Payment of Sums by Owners
of Lots in Mission View Estates, Unit No. 2, Pursuant to a Maintenance Covenant
for a Sewage Lift Station (the Mission View Estate covenant covers what is
commonly known as the Lang Street Lift Station)
B.
Discuss any issues arising from the Hollister
Rotary’s 2008
C.
Consider Resolution 2008 – XX for street
closures for special events.
D.
Resolution 2008-XX setting new rates and
policies for the rental of the San Juan Bautista Community Center
E.
Approve signature of lease of
F.
Discuss and provide staff direction on the
treatment of planning applications where fees exceed the deposit, extra fees
are not paid to date, and when applicants disagree with fees charged.
G.
Consider Resolution No. 2008 – XX Adopting Procedures for Assessment Ballot Proceedings
H.
Consider Actions for June Election:
i.
Consider Resolution 2008-XX Calling and Giving
Notice of the Holding of a Special Municipal Election to be Held in the City on
Tuesday, June 3, 2008, for Submission to the Voters of a Question Proposing
that the Currently Effective Three Quarters of One Percent (0.75%) Transactions
and Use Tax (A Sales and Use Tax) be Replaced and Increased to One and One Quarter
Percent (1.25%); Finding and Declaring a Fiscal Emergency in Order to Place a General
Purpose Tax Ballot Measure Before City Voters By Way Of A Special Municipal Election;
and Requesting Consolidation of the Special
Municipal Election with the Statewide Direct Primary Election to be Held
on the Same Date
ii.
Introduction
of an Ordinance Repealing the Currently Effective Three Quarter of One Percent
(0.75%) Transactions and Use Tax (a Sales and Use Tax) and Replacing and
Increasing that Tax with a One and One Quarter Percent (1.25%) Transactions and
use Tax to be Administered by the State Board of Equalization and Subject to
Voter Approval
8. Set Future Agenda Items and Status
9. Comments
A.
City Council
B.
City Manager
C.
City Attorney
10. Adjournment
Future
Agenda Items Worksheet
March or later
-
Adopt Resolution 2008-XX
Setting GANN limits for the City of
-
Consider New Public Safety
Contract with San Benito County Sheriff (if available from
-
Local hiring/contracting
preference for bids (City Attorney checking – Apr 2008)
-
Assessment and possible Ordinance
changes for placing liens on properties for unpaid bills to the City for
water/sewer and fees.
-
Revenue Sharing Agreement with
the County
-
Resolution to LAFCO to request
annexation of 390 +/- acres (Davidson Property) into the Sphere of Influence
-
Ordinances currently being
prepared for the Planning Commission Review
1.
Underground Utility Ordinance
2.
Reclaimed Water Ordinance (purple
valve)
-
Ted Stephens Annexation
(continued to date uncertain pending Revenue Sharing Agreement with the County)
-
Introduce Changes to Business
License Ordinance to update fees and add vending machines, new classes of businesses,
update home business definitions (research underway comparing current rates to
neighboring cities) – December Workshop to make the June Ballot. Initiatives
due March 7 for June Ballot.
-
Creation of Parks &
Recreation Fund to be funded by revenues from facility rental (pending remodel
of Community Center and City Council direction) Mar 2008
-
Reinstatement of City Council Expense Reimbursement for
City Activities, possible honorarium tied to balanced budget beginning in 2009
(winter 2008/9)
-
Consider Setting Policy for Encouraging Water Conservation
During Hot Periods Pending Completion of the Water Treatment Plant – Spring
2008
-
Direction to staff on animal
control outsourcing and ordinance modification.
-
Discussion of Code Enforcement
appeals process – description of our process and discussion of processes used
by neighboring jurisdictions (City Attorney, patterned off of Hollister and
-
Introduce new personnel policies
and procedures (currently under development by staff)
-
Entry way and banner signage for City events (long term)
-
Permits for bounce house and climbing wall.
-
Impound fee.