City of San Juan Bautista

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, March 18, 2008

6:00 P.M.

City Hall

 

NOTICE TO THE PUBLIC

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.

 

Regular City Council meeting times are set by resolution to begin at 6:00 pm. The City Council meeting will end at 10:00 pm unless by a majority vote of the City Council it is agreed to extend the meeting time. Should the meeting end time be reached without addressing all of the items on the agenda, the meeting will be continued to a date and time set by the City Council in the adjournment motion. The items remaining on the agenda shall be addressed when the meeting is continued.

 

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 ADA Title 11).


1.          Call To Order of the Regular San Juan Bautista City Council Meeting

A.         Pledge of Allegiance

B.          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 U.S. Department of Commerce, entitled “Appeal of Audit Resolution Determination, Audit Report Number STL-18499-07-0001, EDA Award Number 07-01-05478.”

B.          The City Council will meet in closed session pursuant to California Government Code Section 54956.9, subsection (c), potential litigation - one case

4.          Ceremonial Items

A.         Proclamation for Water Awareness Week

B.          Proclamation of Support for Emmaus House

5.          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, the City Council can take no action on the matter in this meeting. The City Council will hear all public comments and then, if they so desire, they will make comments, ask for clarifications from staff, or request the item be placed on a future agenda for further discussion and/or action.

6.          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.          Results of Litigation - Vanguard Properties vs. City of San Juan Bautista

C.         Water Infrastructure Project Report – Project Manger Mark Davis

D.         South San Juan Specific Plan Report – Project Manager Mark Davis

E.          Monthly Financial Statements

F.           Code Enforcement Report

G.         Library Report

H.         Fire Chief’s Report

I.            Sheriff’s Report: Monthly Activity

i.          Citizens’ Request to Speak on Activation of Neighborhood Watch

J.            Report of CLG Grant – City Planner

K.         Status Report on Municipal Services Review and Revenue Sharing Agreement

L.          Status Report on Upgrades to the Sewer Plant Capital Improvement Project

M.       Status Report on the Tertiary Water Treatment Plant Construction Project

N.         Public Works Report – MCE Corporation and Mayor Dias

i.          Report on Community Center renovation and the Grant(s) that Funded the project. Ribbon Cutting on March 29th at 12:00 noon. Open House 12:00 noon – 2:00 pm.

ii.       Explanation of the work on San Juan Grade Road

iii.     Introduction to MCE and the Monthly Public Works Report

O.         Update on New City Bathrooms on Polk Street

P.          Update on City of Hollister’s Use of Waste Water Disposal in the San Juan ValleyEIR published 12/1/2007, City of San Juan Bautista response filed on time. San Benito County received an extension on their response.

Q.         Highway 156 Report – Mayor Dias / Vice Mayor Edge

R.          Reports by Public Officials: COG, LAFCO, Water Resources Association, Revolving Loan, AMBAG, Integrated Waste Management

S.          Report on Cable Franchise Renewal Activities – City Manager

T.          Committee Reports and Provide Future Direction by the Full City Council

7.          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 Affidavit of Posting Public Hearing

C.         Approve Minutes for February 19, 2008 Regular City Council Meeting

D.         Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title

E.          Declaration of Surplus Materials: Roof Tiles, Fluorescent lights and One Truck

8.          Action Items

A.         Announcement of March 29 meeting with Mission View Estates property owners, Unit No. 1 Lift Station Covenant area to discuss 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.          Consider Concerns about Seniors Use of the Community Center and Provide staff direction for claim of Pauline Valdivia for use of Community Center for senior meals.

 

C.         Review of State Budget impacts on the City of San Juan Bautista and provide direction to staff concerning further budget cuts for upcoming fiscal year to begin July 1, 2008.

D.         Fiscal Year 2008-2009 Public Hearing: Adoption 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

E.          Report to City Council on the Chamber’s progress in meeting the Conditions of Approval for the April 11th event and consideration of the necessity for Sheriff’s Deputies during the day for this event.

F.           Public hearing: Tod duBois

i.          Appeal of Planning Commission Decision for new building at 415 7th Street

ii.       Appeal of Project Billing for 407 7th Street

G.         Consider resolutions for the Community Center and provide staff direction on implementation

i.          Consider Resolution 2008-XX Setting new rental policies for the rental of the San Juan Bautista Community Center including use of contract liquor provider, use of contract services for cleaning, dedication of proceeds to a Parks and Recreation Fund, and use of preferred vendors for catering.

ii.       Authorize City Staff to award a contract for Community Hall cleaning services to A-1 Services

iii.     Provide staff direction on how to qualify Community Center caterers

iv.     Authorize Staff to award a contract to The Cutting Horse to provide beverage services for Community Center events

v.        Consider Resolution 2008-XX Creating a Parks and Recreation Advisory Board for the City of San Juan Bautista.

H.         Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 (Located in Creekbridge Subdivision). Note: This will begin a 218 process for this special district.

i.          Consider Resolution No. 2008-XX Ordering Preparation of an Engineer's Report for Proposed Fiscal Year 2008-2009 Assessments.

ii.       Consider Resolution No. 2008-XX Approving the Engineer's Report.

iii.     Consider Resolution No. 2008-XX Declaring the Council's Intention to Levy and Collect Assessments for Fiscal Year 2008-09

9.          Set Future Agenda Items and Status

 

10.     Comments

A.         City Council

B.          City Manager

C.         City Attorney

11.     Adjournment


Future Agenda Items Worksheet

April or later

-         Adopt Resolution 2008-XX Setting GANN limits for the City of San Juan Bautista.

-         Consider New Public Safety Contract with San Benito County Sheriff (if available from County Counsel) Provide Staff Direction and Authorization to Enter into a Contract for City Hall Roof Repairs (continued to ***) Pending City Engineer has sufficient information to present.

-      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 360 +/- acres (Davidson Property) into the Sphere of Influence (SOI)

-         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 San Benito County, 2008)

-      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.