City of San Juan Bautista

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, April 15, 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 (expected to last 30 minutes)

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 (a) to confer with legal counsel regarding litigation filed in San Benito County Superior Court on April 3, 2008, entitled Lance McAlpine v. City of San Juan Bautista and Matthew Sundt, case number CU-08-00040.

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

4.          Ceremonial Items

A.         Presentation of Special Appreciation Award to Pat Garrett

B.          Presentation of Flag to the City by the Native Daughters

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.          Water Infrastructure Project Report – Project Manager Mark Davis

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

D.         Monthly Financial Statements – Treasurer’s Report

i.          Presentation on 06-07 FY Audit

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 Revenue Sharing Agreement

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

N.         Update on New City Bathrooms on Polk Street

O.         Report on Cable Franchise Renewal Activities – City Manager

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

Q.         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 Minutes for March 18, 2008 Regular City Council Meeting

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

D.         Approve Resolution 2008-XX Authorizing Street Closures

E.          Accept Fiscal Year 2006-2007 Outside Audit Report

F.           Accept Notice of Funds Authorized for Monitoring Well and the Associated Contracts

G.         Accept Notice of Funds Authorized for a Hydrological Study

H.         Authorize Staff to Advertise for Bids for a New Reservoir, Replacement Water and Sewer Lines, and for Pavement Rehabilitation as Parts 1 and 2 of the Water and Sewer Upgrade Project

I.            Authorize Staff to Award Contract for Fencing at the City Yard

J.            Authorize Staff to Issue a Request for Proposals for Water and Sewer Strategic, Capital, Operations and Maintenance Services

 

8.          Action Items

A.         Consider Resolution 2008-XX Concerning the Proposed Widening of Highway 156 into a Raised Four-Lane Highway with Limited Access and a Two-Lane Access Road on the North and an Interchange at Bixby Road

 

B.          Report on 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)

C.         Entertain Questions from Residents Concerning the Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 (Located in Creekbridge Subdivision) Note: There will be a formal public hearing on this at the May 2008 City Council Meeting

D.         Davidson Sphere of Influence Amendment

i.          Consider Resolution 2008-XX, a “Resolution of Application” Requesting the San Benito County LAFCO to Initiate Proceedings in Connection with the Sphere of Influence Amendment of the City of San Juan Bautista, Involving the Addition of Approximately 357 Acres to the Existing City Sphere of Influence

ii.       Consider Resolution 2008-XX Adopting a Negative Declaration for a Proposed Sphere of Influence Amendment and Proposed General Plan Amendment to Change the Planning Area Boundary and Sphere of Influence Associated with Two parcels: APN# 002-16-0-008 and APN# 002-16-0-004

E.          Nomination and Appointment of Three Members to the Newly Created Parks and Recreation Advisory Board for the City of San Juan Bautista

F.           Set Town Hall Meeting Dates to Outline the Facts on the Sales Tax Initiative

9.          Set Future Agenda Items and Status

10.     Comments

A.         City Council

B.          City Manager

C.         City Attorney

11.     Adjournment


Future Agenda Items Worksheet

May or later

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

-         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 – Fall 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

-         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) –  June 2008 for November 2008 Election

-      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.