City of
CITY COUNCIL MEETING:
MINUTES
The meeting was CALLED TO ORDER at
Council Members Present: Mayor Priscilla Hill; Vice-Mayor Dias, Councilmember Edge, Councilmember Laverone, and Councilmember Paradice.
Council Members Absent: None
Staff Present: City Manager (CM) Jan McClintock; City Attorney (CA) George Thatcher; City Planner (CP) Matthew Sundt, and Minutes Clerk Johnson
Staff Absent: Acting Fire Chief Scott Freels
Elected Officials Present: City Clerk Shawna Serna; City Treasurer Paul Petersen
ON A MOTION BY VICE MAYOR DIAS, SECONDED BY COUNCILMEMBER LAVERONE, THE
AGENDA WAS APPROVED (5-0-0-0) AS
PRESENTED, WITH THE FOLLOWING VOTE: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
CEREMONIAL ITEMS
1.
Presentation
of Plaques Honoring Outgoing Planning Commissioners Rick Edge and Javier Mendez
Mayor Hill presented the plaque to Councilmember Edge, thanking him for faithful service to the City as a Planning Commissioner. Mr. Mendez was not able to be present; the plaque will be delivered to him.
Mayor Hill then presented monetary awards (monies gained from the recycling program) to:
a representative of Girl Scouts
a representative of the San Juan Bautista Preschool
Cody Boid, from the Boy Scouts
Mary Genesy, of the San Juan Bautista Library
PUBLIC COMMENT
ON ITEMS NOT ON THE AGENDA
Mayor Hill opened the floor to the public.
Jim Pereyra asked for clarification on a recent newspaper article regarding the EPA grant for the City’s wastewater program. Responding, CM McClintock said that the article had contained accurate statements, while indicating she could not comment on the observations made by the spokesperson for the Regional Director.
With no others present indicating a wish to speak to the matter, the public comment period was closed.
A. Monthly Cash Report: distributed and placed on file
A. Report from Closed Session of the City
Council,
B. Sheriff’s Report: Monthly Activity: Deputy Mark Williams was unable to be present at the meeting, but had provided a detailed report which was distributed.
C. Public Works Report – Acting/Volunteer Public Works Director George Dias reported it had been a quiet month with the few reported problems having resulted from frozen pipes with the recent cold weather. Works Report – Acting/Volunteer Public Works.
D. Water Infrastructure Project Report – Project Manager Mark Davis said he was pleased to report the fact that last week he had forwarded an e-mail from EDA to CM McClintock, which specified all is well with grant.
Mayor Hill opened the public hearing for item D.
With no persons present to speak to the matter, the public hearing was closed.
E. Reports by Public officials: COG, LAFCO, Water Resources Representatives, Revolving Loan, AMBAG, Integrated Waste Management
COG: (Councilmember Dias) a new Executive Director is expected to be named at the upcoming meeting.
LAFCO: (Councilmember Edge) Meeting to be held
Water Resources: (Councilmember
Dias)
Revolving Loan: (Mayor Hill) no report; meeting not held
AMBAG: Commissioner Councilmember Edge/CM McClintock
attended the presentation by Monterey County Health Office on bird flu. Commissioner
Councilmember
Edge reported the change in officers, with Supervisor Anthony Botelho assuming
a leadership role.
Integrated Waste Management: AMBAG CM McClintock reported that the Integrated Waste Management Board had not met. She said the City is moving ahead with the other three entities and have banded to contract with an attorney to review the RPD. CA Thatcher commented that fiscal share of the attorney’s for San Juan Bautista is three-percent, so it will be a ‘fairly low figure’.
An additional Report by Public Officials was noticed when CM McClintock announced she had accompanied Councilmembers Dias and Laverone in meetings with State Parks representatives, personnel with the Community Housing Development Department and Senator Denham. All attendees reported they were hopeful that the talks would bring fulfillment of assistance with the issues presented.
CONSENT ITEMS
A. Approve
Affidavit of Posting for
B. Approve
Minutes for
C. Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title
D. Adoption of Ordinance 2007-01 for Selection of Mayor and Mayor Pro Tem
E. Adoption of Ordinance 2007-02 Adopting the City of Hollister’s Construction Standards as City of San Juan Bautista Construction Standards
F.
Approval
of Schipper Design Services Contract to
Mayor Hill opened the public hearing. With no persons present to speak to the items on the consent agenda, the public hearing was closed.
Following discussion regarding:
addendum to Schipper Design Services Contract
and a correction of the date within the consent agenda, 2006 7,
COUNCILMEMBER DIAS MOTIONED APPROVAL OF CONSENT AGENDA ITEMS A – C – D – E - F. COUNCILMEMBER LAVERONE SECONDED THE MOTION WHICH CARRIED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Note: as each of the following items was brought forward for discussion
and potential action by the Council, Mayor Hill opened the floor for public comment
opportunity. Unless indicated, there were no speakers to the various items.
Consideration of the
CM McClintock had reported at an earlier meeting that the South Specific Plan (site of the old cement plant) indicated the City would be asking a maximum dollar amount. She said other segments had been paid for by the private owners. “Now the rationale for the City is using the monies for the 1.2 million gallon water facility,” CM McClintock observed. “The point of this request is for money spent.”
COUNCILMEMBER DIAS MOTIONED TO DIRECT STAFF TO PROCEED WITH THE NEGOTIATIONS ACCORDING TO THE PRESENTED PLAN. COUNCIL-MEMBER LAVERONE SECONDED THE MOTION WHICH CARRIED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Consideration of Proposal to
CM McClintock reported that
workers have encountered considerable issues with the remodel which includes
significant structural damage caused by terminates. “A determination has been
made that there is need to have the building tested for structural stability by
an architect or a structural engineer,” she said. Councilmember Dias agreed,
telling those present it was necessary to have a professional come in. “We –
including me – have taken a look by crawling in the attic. It is dangerous, and
we found other problems, too. It’s a case of pay now or pay later; but one
thing for sure: we need a processional professional to ascertain
the extent of the problem and so we know what to do and how to do it right and
not spin our wheels,” Councilmember Dias declared.
Councilmember Laverone inquired if grant could be obtained to pay for the project? CM McClintock said there was money in the $250,000 from State Parks.
Councilmember Dias reminded that the building had been tented already, and this was next phase.
Councilmember Laverone asked if there was need to go to bid again? CM McClintock said this was for a ‘professional service’ and there was need to go to bid.
Councilmember Dias remarked it was important ‘to get this thing going and not wait for next month’. CM McClintock said she could get started on getting bids.
COUNCILMEMBER LAVERONE MOTIONED TO SECURE FEES FROM THE GRANT FROM STATE PARKS FOR THIS TYPE OF SERVICE, HAVE AN RFP ISSUED WITH THE BIDS RECEIVED ON THE NEXT MEETING AGENDA. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH CARRIED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COUNCIL-MEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Approve Contract with Frank
Beaty for 2007 Memorial Day Weekend Music Festival and Delegate Authority to
City Manager to Sign Contract
CM McClintock reported that Frank Beatty remains interested in doing a Memorial Day music promotion for the City. “We have worked on a contract distributed, and the plan is still for involvement by the San Juan Bautista Community Foundation but the paperwork of that organization has not been done so the City will enter into the contract with any ‘extra’ monies going to the San Juan Bautista Foundation.
Councilmember Edge called attention to compensation on page 2 of the contract, and to the clause regarding termination (page 4) as he observed, “What happens to sponsorship money already collected is not mentioned.” CM McClintock said some sponsors are ‘free of charge’ and she will work with Mr. Beatty in addressing this.
COUNCILMEMBER DIAS MOTIONED TO APPROVE THE CONTRACT WITH FRANK BEATY
FOR THE 2007 MEMORIAL DAY WEEKEND MUSIC FESTIVAL AND DELEGATE AUTHORITY TO CITY
MANAGER TO SIGN THE CONTRACT. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH
PASSED (5-0-0-0) WITH THE FOLLOWING
VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE,
COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Contract with Full Throttle
Events for Motor Cycle Event to Correspond with the Hollister Bike Rally
CM McClintock presented the staff report, noting that at the last City Council meeting, Councilmembers had appointed an ad hoc motorcycle subcommittee (Councilmember Paradice and Councilmember Laverone). She further advised that if the security requirements were worked out correctly to the agreement of the subcommittee, there was need to sign the contract in order to capitalize on the event. “What we do not know: the position of the Sheriff’s office with this event. There are a few minor issues for setting the contact,” she explained.
Councilmember Paradice expanded on those thoughts by saying, “We do not know how many motorcyclists are coming. We learned last year that there is ‘some natural overflow’ (from Hollister) and we know we must have security for the weekend. We need to know how much we can get from the promoter in the area of more security and better security. We need to be working with County Marshall Scattini.”
CM McClintock said she is working with the subcommittee, and is setting a meeting to speak with the sheriff regarding the security issues. CM McClintock stressed she is still in contract negotiations.
Councilmember Edge commented, “When the event was just in Hollister, a certain number of bikers would ‘spill over’, but with an event here, that number will definitely increase.”
CM McClintock emphasized the need for a professionally managed event so that local businesses can profit but ‘not have the fiasco of last year, with restaurants not even taking in $300 a day and many local businesses not making $100 for the entire weekend’.
COUNCILMEMBER EDGE MOTIONED TO APPROVE HAVING THE AD HOC COMMITTEE AND THE CITY MANAGER CONTINUE WORK ON THE CONTRACT
WITH FULL THROTTLE EVENTS FOR MOTOR CYCLE EVENT TO CORRESPOND WITH THE
HOLLISTER BIKE RALLY. COUNCIL-MEMBER DIAS SECONDED THE MOTION, WHICH CARRIED (5-0-0-0) BY THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Approval of Proposed Water
and Sewer Rates and Direction to Staff on 218 Process
CM McClintock reported that earlier in this evening’s Council workshop, the full program for a City water rate increase had been explained. She remained that last year the issue of the City beginning to pay back the bonds which must be sold for the upcoming infrastructure - and including some old infrastructure – was coming to the forefront. “No longer can we use the General Fund for subsidize water delivery. The new rates are set by the regulatory authority but are still lower than others in this area,” CM McClintock explained. “Tonight, what we are asking you is to approve starting the 218 process.”
The consultant was present for questions, and to stress the need to involve the community. The action tonight is an authorization to go out for pubic notice and subsequent mailings, he said. Councilmember Edge clarified that a mailer with rates would be sent following a public meeting, and asked if the mailing would also include information on the ‘water softener elimination’ program? CM McClintock reminded that those charges for water softeners would not become effective until the water plant is ‘up and going’.
Councilmembers discussed with staff that the water softener rates do not require a 218 hearing and therefore the Councilmembers would not be dealing with amount(s) of a rate for the softeners at this time.
During the public hearing segment, Cara Vonk documented she had the opportunity to sit in on the workshop for rate increases. “My question is: how would the water connection fee apply to second units? The Ordinance for second unit deals with the square footage of the dwelling (600 sq ft). Maybe with a new connection, the rates should be different for second units. It is truly an affordable housing issue.”
CM McClintock reminded that the Ordinance calls for separate meters with the second unit.
public comment Ms. Vonk asked if the water softeners could be adopted at the source (water treatment plant) as some other communities have done?
CM McClintock made it clear that the water softener source (water treatment plant) is under a cease and desist order. “We must lower that salt content so the water would not need to be softened at the dwellings in town.”
Councilmember Dias expressed the opinion what a ‘hook up is a hook up – and the second unit is not different’.
Observing that the public comment
opportunity had been closed, COUNCILMEMBER LAVERONE MOTIONED THAT THE
COUNCILMEMBERS SET A MEETING FOR SATURDAY MARCH 10, 2007 TO BEGIN THE 218 PROCESS, WITH A PUBLIC MEETING TO BE HELD
AT THE CITY COUNCIL CHAMBERS WHICH WILL INCLUDE PUBLIC EDUCATION AND INPUT.
COUNCIL-MEMBER DIAS SECONDED THE MOTION, WHICH CARRIED (5-0-0-0) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER
EDGE, COUNCIL-MEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE;
NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Direction to Staff on the Use
of
CM McClintock reported that she and Councilmember Dias had met with Little League officials last October in an attempt to address several concerns. “They were told that if they would come up with their own list of concerns, we would work with them, but we have had no response. Councilmember Dias observed that as far as the contract goes, the City must get something done as soon as possible. “At that last meeting we thought this was taken care of, but apparently it wasn’t. We have a sign saying there is a public bathroom in town, but if that is locked at the ball fields, and then we have a problem. I think the bathroom needs to be taken over by the City with it open during the day and locked at night. We need to have City employees open it during the day, then lock it at night and weekends must be worked out. That’s a start,” he said.
Councilmember Edge asked, “Do we know any new members of the Little League Board?” Councilmember Dias said, “Yes, we have had a meeting and we thought they were happy.”
Councilmember Laverone suggested giving direction to staff to re-contact the Little League officials in writing, telling them the bathrooms must be part of a contract, and setting a deadline for response. CM McClintock indicated willingness to make the contact and give a deadline, but asked, “If there is no response, what options are suggested?”
Councilmember Laverone indicated thinking the organization must have members who are dedicated and go to the fields at set times, bust stressed those members must work with the City to settle the restroom issues.
CM McClintock suggested the restrooms may need work and said she will get estimates for same. Councilmember Laverone said it would be important to include ongoing cost(s) in a contract.
COUNCILMEMBER LAVERONE MOTIONED TO DIRECT STAFF TO CONTACT LITTLE
LEAGUE OFFICIALS REGARDING CONTRACTING
FOR USE OF THE BALL FIELDS, WITH 21 DAYS TO RESPOND AND A REPORT TO BE
GIVEN AT THE NEXT COUNCIL MEETING, INCLUDING POTENTIAL SOLUTION FOR THE
RESTROOM ISSUES. COUNCIL-MEMBER EDGE
SECONDED THE MOTION, WHICH PASSED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
CM McClintock reminded those in the audience of the need to complete
and submit speaker cards.
Set Council Ad Hoc
Subcommittee and Define Direction and Timeline for Growth Management Ordinance
Issues
CM McClintock explained that the request was to provide City staff with direction on how to proceed on this. The recommendation was to have an ad hoc committee of the City Council with definitive time-lines for submission for review by the CA Housing Community Development Department and to set a
meeting for informing the public regarding the voting process for the Measure. She said that the cost
for a special election would be in the ‘neighborhood of $10,000 but is not known for certain’.
Councilmember Edge remarked that the City is not in compliance with State law, and this matter
be must dealt with, but there was not money to do so.
COUNCILMEMBER DIAS MOTIONED MAYOR HILL AND COUNCIL-MEMBER EDGE
BE NAMED AS THE AD HOC COMMITTEE
FOR THE GROWTH MANAGEMENT ORDINANCE. COUNCILMEMBER EDGE SECONDED THE MOTION,
WHICH PASSED
(5-0-0-0) BY THE FOLLOWING
VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Introduction of Tobacco
Ordinance
CM McClintock reminded that
staff had been told to bring this matter back. Consequently, the matter has
been agendaized for this evening, with no recommendation. Staff concerns include
the fact that the costs of such program would be borne by local business. In
researching the matter, CM McClintock said, it appears that the costs for such
a plan would be the same if the program is presented in any City in
Councilmember Edge noted the
existing program run within the City of
Councilmember Edge wondered about the possibility of having the Sheriff’s officer who works in San Juan Bautista be responsible for administration and enforcement.
Councilmember Laverone responded, “That’s a separate issue between San Juan Bautista and the Sheriff - if the Sheriff would accept it.” He continued by detailing some of the issues of a ‘decoy program’. “As far as enforcing, City personnel could do the enforcement. Or a Sheriff’s Officer or Code Enforcement can do it as well.”
Councilmember Paradice asked for clarification of what the violation would be classified as, saying if it is a misdemeanor, it might be handled by Code Enforcement or an Officer of the Sheriff’s department.
Mike Torres, San Benito County Tobacco Education Program, was present advised that in Hollister, the Code Enforcement Officer is responsible. Councilmember Laverone said “I think it would be a mistake to assign such responsibility to only Code Enforcement to complete the task. The responsibility could still be under the Code Enforcement Officer to do.”
CM McClintock advised it is not an issue of enforcement but rather if an Ordinance is in place, the City must make sure the Ordinance requirements are meant to meet the current need. “Management and enforcement must be borne by those selling cigarettes, the law is clear,” she said.
Mayor Hill said to her knowledge, there were only four sellers of cigarettes in the City. Mr. Torres said, “There are four we know of and we can research if there are others.”
Mayor Hill asked about vending machines containing tobacco products. Councilmember Laverone clarified that vending machines are legal only in bars.
Councilmember Edge suggested staff could structure the requirements differently to ‘minimize maintenance efforts of the Ordinance’. “I would like to see something done, but I don’t want to increase enforcement,” he said.
Mayor Hill worried as to the ‘costs to local businesses’. This led to discussion of costs for San Juan Bautista and Hollister businesses for the program.
Councilmember Edge referenced Malcolm Gladwell’s book: The Tipping Point: How Little Things Can Make a Big Difference, as he spoke on teenage smoking. “This best selling book is emphasizes that tobacco use by teens is still going to happen – but we don’t have to make it easier,” he said. Mr. Torres accentuated the program stresses curtailing smoking. Councilmember Edge continued, asking, “If we make things easier, will we make more people criminals?”
CM McClintock turned to
Councilmember Laverone to explain how it could work if the City asked the
Sheriff to be part of the contract. Councilmember Laverone explained the
existing law in
Councilmember Laverone noticed ‘issues with the language’ and urged tabling the matter for further discussion at the next meeting. Specifically, Councilmember Laverone said the matters of concern were:
location verification licensee (not change ownership or provide availability for hidden ownership
remove information about decoy program
other specifics of the program
Councilmember Dias declared he wanted to ‘kill the issue’ and have the Sheriff talk to the four businesses in town.
Councilmember Laverone expressed concern that approach might be ineffective.
public comment Jim Gibson said tobacco sales are a ‘shrinking part of business at the Windmill’. “It’s not big part of our business – but it is a significant part of State revenue. People are still smoking, and the lower to middle income people seem the largest users.
When it does not make sense
business-wise to sell, merchants will stop,” he said. Closed
COUNCILMEMBER PARADICE MOTIONED TO TABLE ITEM 7H (INTRO-DUCTION OF
TOBACCO ORDINANCE) TO THE NEXT MEETING - OR DROP IT TOTALLY. COUNCIL-MEMBER
EDGE SECONDED THE MOTION, noting he was seconded for the tabling, not
dropping. THE MOTION, WHICH PASSED (4-1-0-0)
BY THE FOLLOWING VOTE: AYES: COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: COUNCILMEMBER DIAS, who indicated the
wish to have the matter ‘dropped’; ABSTAIN: NONE; ABSENT: NONE.
Introduction of Ordinance
Allowing Formula Businesses in
CM McClintock presented the
staff report, acknowledging the City Council members knew of the ‘situation of
the Town’s businesses’, which had been disclosed through confidential
information in the monthly packets distributed to the Councilmember. “Now we
are presenting an Ordinance as currently we have no mechanism for allowing
formula businesses in the Town. Perhaps such action would be beneficial for (maybe) a local hotel to become
affiliated with a national reservations group such as AAA. We have checked with
other areas, especially those noted in the Planning Commission meeting, e.g., Murphy’s,
there needs to be an association
with a larger organization, i.e., Bob’s Hardware >> Ace hardware (or an
established business of the same kind in another location, e.g., fabric store
in
there must be a finding of need
not a McDonalds or Burger King
the Ordinance is for consideration at this time
We are not suggesting formula business competition for local merchants, but enhancing the opportunity for additional sales to those businesses,” CM McClintock detailed.
Councilmember Laverone clarified the City has no formula Ordinance at this time. CM McClintock explained such language had been unintentionally dropped from Title 11 on the update last fall.
CP Sundt presented a report, noting the Ordinance is being introduce at this time with hearing set for February, 2007 before subsequent adoption.
public comment: Donna Holmes said she was representing herself as a resident but was also a Chamber Officer and Business owner. “I totally support this. I want to have a drug store, a hardware store, something to draw people and keep them here. I really support this,” Ms. Holmes reiterated.
Cynthia XXX of the Mariposa House Restaurant said many seem to want a Starbucks, but that would hurt my business where we feature fine desserts and sell coffee. “It is not in the best interest of my restaurant or San Juan Bautista to have this Ordinance,” she said.
Richard Ponce said he had
been here ‘a long time’ and seen San Juan Bautista go through some rough times
before. “I don’t think allowing franchises in is the answer,” Mr. Ponce said.
“Once there are here, it would be very hard to reverse the trend. Some local
businesses here have been very successful (citing Donna Esther’s with the
emphasis on advertising), they don’t depend on the City to support those
businesses. If a landlord with rentals the lowers rent, the building will be
full. There are some things the City can do: open the park bathrooms, and make
more parking. That (the parking) has been talked about for years. Most of the City Council has lived here for a
long time. I don’t want to think it would be hard to reverse that some
businesses are having trouble.” Mr. Ponce told of going to Oakdale and
Carolyn Roe-Gargiola stated she is the owner of a business and also the Vice President of the Chamber. She ‘stated publicly’ she was not representing the Chamber. “I don’t know if the Chamber will support this, but I do know I don’t want big box stores in San Juan Bautista,” she said. Ms. Roe-Gargiola referenced statements that ‘businesses are in trouble because the traffic is not here – we need businesses to work together to promote what we do have. Ms. Roe-Gargiola said she thought businesses must advertise together but we don’t because we don’t have the traffic.
CM McClintock interjected that
at the
Councilmember Laverone provided the clarification (for alleviation of issues with problems residents were voicing): “There is no active formula business application. If we fail to adopt this, our hands are tied. Hopefully we not have Starbucks apply, that has been used as an example. If we do adopt it, if some a person wanted to bring a business into town, they would have to apply for a CUP, with public hearing being scheduled, and an unmet need proved. I think a hardware business would be beneficial – we had a hardware store here for many years, and now we have to drive to Hollister or another area.” Councilmember Laverone continued that the issues were: If this Ordinance is not passed, anyone can come here because of the omission to Title 11 error.
Jim Gibson spoke, addressing:
when application was made for the
since the intersection is
restricted, but not downtown,
Starbucks will not go into an area where they cannot depend on 2,000 customers per day
there are two empty business
spots in the
with a franchise Ordinance, the City is making a political statement
current economics are not working
business in the City must look at what will bring the tourist off the highway [it is not done by tourism to this non-major tourism town, he said]
somehow we need to get some buses off the highway and into Town
Susan Brady said she had
been under the assumption it was Starbucks who would be an applicant. Ms. Brady
shared her experience as a previous owner of coffee houses in
non-changing menus
window displays not changed
“A carefully crafted Ordinance that would benefit all would help the town to grow,” she concluded.
Marta Gorelik told the Councilmembers she is a new resident, has traveled widely, and feels few know of the ‘specialness’ of San Juan Bautista. “It makes me sad to see this place that is such a gem, but not known. My visitors love it and make statements such as, ‘I had no idea – this is an hour away (from the Bay area). It’s such a secret place.’” Ms. Gorelik said it would be hard to imagine a store which could bring in so many people.
Naomi Medina owner of
Margo’s Ice Cream Parlor said fervently that she was ‘totally against any franchise
coming into San Juan Bautista’. “We should capitalize on what we have ‘this
treasure with all of the history,” Ms. Medina said, as she told of the key
features to be capitalized. “I appreciate Councilmember Dias circulating
through the town and talking to those businesses on
Ms. Medina said she was adamant on this working and cited parades, festivals, and fiestas, together with the ‘barbecues we used to have’ as proof that the community can work together to do it – we don’t need franchises. This is not just for ourselves but for the whole town. Please take that into consideration,” she concluded.
Pat Riley said she had
been involved in real estate for 30 years but was not involved in the Planning
Commission or City Council activities per se. “I’ve been watching less and less
traffic in the town as the complexion north of us changes. The
Luis Candelaria, ‘an old-timer’ provided some history of business in town, and warned, “Hey this town is dead and dying,” as he cited the varying times of shops being open for business.
Mike Ostraswki, said he is a ‘short termer’ and loves the City. “I was the only Planning Commissioner who voted against this. I’ve attended most of Planning Commission meetings and didn’t know this was not left in Title 11. But it was done and I suggest we craft one (Ordinance) just for San Juan Bautista –putting the language back into Title 11.” Mr. Ostraswki remarked that some towns have Ordinances regarding large franchise stores.
Cara Vonk said she had submitted written comments on the matter, but could also agree that the City has economic problems. “I think we can work on this matter with professional assistance. I do think the Ordinance is too broad.” Ms Vonk related the moratorium affecting having the Subway restaurant coming to Town. “This Ordinance would allow ‘big box stores’ which will have a severe impact on the Town, especially the historic properties district where big box or formula franchises should not be allowed.
Ms Vonk shared several ideas:
allow restaurants, retail, or fast food business contracts for uniform food and service
signs and décor should be uniform in San Juan Bautista
determine if the desire is to serve tourists or locals
area of open space for meals / need for EIR
the proposed Ordinance is ‘totally overboard’
unmet needs/compatible with current businesses
public comment closed
Councilmember Laverone read from
The Hometown Advantage wherein it
describes business then gave a summary of Ordinance, this suggested would be
most restrictive in US. “When you are reading big box, there are other requirements of businesses which will
enhance and complement the business of the City,” he said. “I can’t see a 15 –
20,000 SF store or a Kentucky Fried Chicken (KFC) as enhancing the City of
Councilman Dias commented he supported the Ordinance for several reasons
I like the Ordinance because I have never seen so many empty shops downtown as now; I hope the Ordinance will help fix that
We’re trying to do something now that will continue to be here, as he invited current attendees to join him at Hooters for a beer in about ‘five years’
Councilmember Edge indicated thinking Jim Gibson had good point: We will not see big box stores as they need a certain amount of traffic (numbers of people) to consider putting in a store – we do not see that in San Juan Bautista numbers. Councilmember Edge went on to speak of other Cities in the area and the efforts to have business locate there. “Don’t forget, an applicant must still meet the requirements of the Ordinance. We have a very good Planning Commission. No one will ‘pull anything over on the Planning Commission.”
Mayor Hill said she owns a
business which is ‘open seven days week’. “Many here are only open weekends or
they open at
Councilmember Laverone agreed,
saying, “The City may want to look at the points Ms. Riley outlined for
‘strategic planning’. Our City Manager has good forward thinking with good
ideas. I think maybe after vote we should hold a joint meeting with the Chamber
and look at a long term plan.” Other Councilmembers agreed, and complimented
Mayor Hill on efforts to keep the ‘customer friendly doors open’. CM McClintock told of correspondence sent to
the Chamber regarding ‘starting a self tax’ and other things to help businesses
by generating their own revenues. CM McClintock suggested the development and/or
finance subcommittees could meet with Chamber representatives, as well.
COUNCILMEMBER DIAS MOTIONED TO INTRODUCE THE ORDINANCE ALLOWING FORMULA
BUSINESSES IN
Introduction of Title 11
Zoning Ordinance Clarification, Typographical, Formatting and Minor Updates and Changes
CP Sundt presented the staff report. “Other Title 11 amendments will receive a public hearing February 20. In this document presented tonight, Title 11 Zoning Ordinance Clarification, Typographical, Formatting and Minor Updates and Changes are offered. Excluded are wireless conditions, the HRB, and the subsection in the signs area. (The Ordinance relating to portable signs in the commercial district was ‘cut out for review by the HRB’ then will go back through the Planning Commission and ultimately to the City Council.) CP Sundt indicated the wireless communications issues will be heard by the Planning Commission in February, 2007.
Turning to the package before the City Council at this meeting, primary, CP Sundt pointed to the highlighted areas of the document:
Page 8: content: matrix, land
use (Inn) conditional use – would add residents within R1 and R2 districts;
residences could be reconstructed and turned into a viable Inn to enhance
City’s coffers and accommodate visitors in different way than a large
Page 61 (sign) portable free standing signage requirements will be re-introduced to the City Council, after being sent to the HRB at the request of the Planning Commission
Pages 68 - 69 (new section) [re-titling] removal of signs / penalties for placement of illegal signs on City property, will allow City to act legally on this
Page 79 Title 11 (cross-reference: agenda item 7m) based on International Dark Skies Association.
CP Sundt noted that San Juan
Bautista is located near an observatory with lighting so measured. He advised
that the San Benito County Ordinance is also based on the Dark Skies
Association recommendations, but San Juan Bautista will have one zone with that
one requiring definition for approximately 50,000 lumens per acre. CP Sundt
compared this with the Gilroy Auto Mall where 200,000 lumens per acre is
permitted.
CP Sundt said lighting would be addressed under agenda item 7n.
Councilmember Dias determined this had been approved by the Planning Commission.
CA Thatcher called attention to the third paragraph of the staff report, and noted the wireless amendments would come later, together with those mentioned by CP Sundt, which would be addressed separately.
CP Sundt noted a ‘lot of research went into this matter, and told how Cara Vonk had provided assistance.
COUNCILMEMBER LAVERONE MOTIONED TO INTRODUCTION OF TITLE 11 ZONING ORDINANCE: CLARIFICATION, TYPOGRAPHICAL, FORMATTING AND MINOR UPDATES AND CHANGES, WITH THE EXCEPTIONS AS NOTED. COUNCILMEMBER DIAS SECONDED THE MOTION WHICH PASSED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COUNCIL-MEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Introduction of Ordinance for
Substandard
CP Sundt presented the
Resolution and Ordinance, providing the background of the request: a lot line
adjustment which resulted in four legal lots, but with a re-configuration which
caused considerable concern at the Planning Commission, even as that body was
‘lock-in’ to approval. CA Thatcher commented that the construction Highway 156
had ‘locked down rights-of-way and left pieces of lots’. This Ordinance, CA
Thatcher said, is focused on flanking the 156 right-of-way. Furthermore, he
noticed, this Ordinance cites examples of when lots may be merged. At this
meeting, both CP Sundt and CA Thatcher said, the process is to introduce the
Ordinance and set the hearing for the
CM McClintock left the meeting at 8:50p.m. for two minutes to retrieve
a document the City Attorney requested.
Councilmembers discussed:
the 7,000 SF minimum lot size in the City
legal lots of record
requirement of lots merging
Councilmember Laverone stressed that landowners are not being forced to merge the lots, but if a building application is made, the lots must be merged under this Ordinance.
Councilmember Edge asked if it would be more efficient to have lots merged first before application is made? CP Sundt spoke on the amount of funds from the applicant required in total, and noted that with City staff time considered, it will be more cost effective to have an application brought in, and then the process completed.
CA Thatcher explained that this action would require introduction of the Ordinance, setting a date for the public hearing, passing and adopting a resolution with intent complete the procedural procedure of adoption at the February meeting of the Council.
COUNCILMEMBER LAVERONE MOTIONED INTRODUCTION OF THE ORDINANCE FOR
SUBSTANDARD
WHICH PASSED (5-0-0-0) WITH
THE FOLLOWING VOTE: AYES: COUNCILMEMBER
DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE;
ABSENT: NONE.
COUNCILMEMBER LAVERONE OFFERED RESOLUTION 2007-01, NOTING THE INTENT TO
ADOPT THE ORDINANCE FOR SUBSTANDARD
Introduction of Changes to
the Ordinance for Moving of Houses
CP Sundt presented the staff report, indicating Title 11 has ‘old language’, with this being a ‘house-cleaning item’. He reminded, “The CA Housing and Community Development Department says Cities can’t limit mobile homes within City limits. Some may want to but older houses and relocate those, but that can’t be done now.”
CM McClintock remarked, “We are taking this out because we can/do not enforce modular homes and mobile homes. Houses have been moved without enforcement as well.”
COUNCILMEMBERS EDGE/PARADICE MOTIONED TO INTRODUCE CHANGES TO THE
ORDINANCE FOR MOVING OF HOUSES. THE
MOTION PASSED WITH THE UNANIMOUS CONSENT OF ALL COMMISSIONERS PRESENT; NONE
WERE ABSENT.
It was subsequently ascertained that Councilmember Dias owns a mobile home park and therefore must be reclused from voting on this matter.
Councilmember Dias was excused at
COUNCILMEMBER LAVERONE OFFERED A MOTION TO RECONSIDER AND
INTRODUCE THE MATTER OF CHANGES TO THE ORDINANCE FOR MOVING OF
HOUSES. COUNCILMEMBER EDGE SECONDED THE
MOTION, WHICH PASSED (4-0-0-1) WITH
THE FOLLOWING VOTE: AYES: COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT:
COUNCILMEMBER DIAS.
Councilmember Dias returned at
Introduction of New Title 11
Nighttime, Outdoor Lighting Ordinance
CP Sundt gave the staff report, noting this item had been touched on during discussion of Introduction of Title 11 Zoning Ordinance Clarification, Typographical, Formatting and Minor Updates and Changes (agenda item 7j). The staff report distributed reflects the recommended changes from the Planning Commission, he said, with exemptions [the deletion of controlling holiday lighting at night for residents] but with an added section under exemptions [security lights with motion sensors].
Councilmember Paradice asked about having a light on the American flag at night.
Councilmember Laverone clarified, “The City owns the flag pole and it is lit all night in accordance with regulations and etiquette for flag flying.”
Discussion ensued regarding:
Valley
identified projects which are perceived to have an abundance of lighting
explanation of replacement of City maintained lights with low sodium or low wattage bulbs
holiday lightings: allowable if reasonable
§ Page 8 of lighting Ordinance 113.080 (b) was referenced, with CM McClintock advising the time was changed from two weeks to four weeks; possible exemptions for City sponsored lighting (CA Thatcher to be consulted)
§ concern of identification of specified holidays and locations (question: if winter only and only downtown)
Councilmember Laverone suggested the time from Thanksgiving through one week after the winter holiday be designated as ‘light-on’ for the City, clarifying that the decorations do not have to be taken down but can’t be turned on.
Public comment: Cara Vonk,
Chair of the HRB, said the organization had spent a lot of time on the
Ordinance and now the City has gone through many editions. She applauded the
City for identifying one zone, which would make it easier to administer - and
meshes with the San Benito County Dark Skies Ordinance. Ms. Vonk reminded the
County has stricter requirements for
COUNCILMEMBER LAVERONE MOTIONED TO INTRODUCE THE NEW TITLE 11
NIGHTTIME, OUTDOOR LIGHTING ORDINANCE, WITH AMENDMENTS NOTED DURING DISCUSSION.
COUNCILMEMBER EDGE SECONDED THE
MOTION WHICH CARRIED (5-0-0-0) WITH
THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER
HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN:
NONE; ABSENT: NONE.
Resolution 2007-02 for New
CM McClintock explained that, in accordance with the agreement with San Benito County to add $100,000 in the budget for this facility, the County wants County residents to be eligibility for the same rates as San Juan Bautista as residents. She emphasized this was for County residents only, and not residents of Hollister. CM McClintock said the area of the County to be considered had to have been unincorporated at the effective date of the receipt of the $100,000. This money would be put into the Community Center funding, she said.
Discussion ensued with the issues of:
§ County residents of the unincorporated area are eligible for the rate schedule; Hollister residents are not
§ if alcohol is served/sold, the renters must have a deputy present
COUNCILMEMBER LAVERONE MOTIONED TO APPROVE THE RATE SCHEDULE AS PRESENTED, NOTING THIS WAS A CONTINGENCY REQUIRED BY THE COUNTY FOR ADDING $100,000 IN THE BUDGET FOR COMMUNITY CENTER FUNDING. Noting that this measure was pertinent to the Community Center Hall only, but that the resolution had not been prepared, COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH CARRIED (5-0-0-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
CM McClintock reported that for the Pubic Safety Committee the Fire Chief sometimes has difficulty attending meetings; however, the standing committees must set dates. The following were listed at
dates and times of the standing committees.
|
Public Safety |
|
2/1 |
5/17 |
8/07 |
11/13 |
|
Development |
|
2/9 |
5/11 |
8/10 |
11/09 |
|
Public Works |
|
2/9 |
5/11 |
8/10 |
11/09 |
|
Budget/Finance |
|
2/1 |
5/17 |
8/07 |
11/13 |
|
Parks/Recreation |
|
2/9 |
5/11 |
8/10 |
11/09 |
Meetings will be open to the public and will be held in the Council chambers.
BY CONCURRENCE OF THE COUNCILMEMBERS PRESENT – AND NONE WERE ABSENT,
THE MEETING TIMES, DATES AND LOCATION WERE ESTABLISHED AS INDICATED.
Set Date and Time for Special
Meeting for Audit Report and Midyear Budget Review
CM McClintock reported the
Auditor and Budget Director have asked for meeting to present mid-year budget
review and audit report. The meeting has been scheduled for
BY CONCURRENCE OF THE COUNCILMEMBERS PRESENT – AND NONE WERE ABSENT,
THE SPECIAL MEETING WAS SET AS INDICATED.
Provide Direction to Staff on
Town Hall Meeting Frequency and Set Dates for 2007
Mayor Hill said that in the 1980’s the City determined to hold the Town Hall meetings four times year. She noted these are not well attended and asked if these four meetings are required by State law? CA Thatcher responded, “No.”
Discussion of the following points was pursued:
proposal to change the quarterly meeting to a Council meeting night, with the Town Hall meeting to commence before the meeting, with the Councilmember beginning the regular City Council meeting immediately so that any issues could be addressed
Town Hall meeting to begin at
CA Thatcher advised the Councilmembers may want to change the Ordinance if there is a wish to not have Town Hall meeting
CA Thatcher further advised that the Ordinance now states the Town Hall meetings will be three times per year
§ suggestion of rescinding the Ordinance, with Town Hall meetings being called ‘on demand’ {CA THATCHER - AND OTHER STAFF - WAS DIRECTED BY CONSENSUS OF THE COUNCILMEMBERS PRESENT, TO CONDUCT FURTHER RESEARCH ON THE MATTER.}
Discussion on Lang Street
Lift Station District and Direction to Staff on 218 Process and Discussion
on Creekbridge Assessment District and Direction to Staff (items taken concurrently due to the similar nature of the two issues)
CM McClintock reported that, in working with City Attorney, it had been ascertained the City had never had assessment for the lift station and, therefore, a 218 process would be required. “We need direction for the 218, already having received from Bracewell. If, on Creekbridge, we keep the assessment at the current level, we do not have the requirement for a 218. However, if there is reassessment, then we must do a 218 hearing.” CA Thatcher advised that the City needs to exhibit a Creekbridge notice to the property owners. “That exhibit extends to 2009 and beyond. With so much to study, we may discover that we may not have to do a 218,” CA Thatcher counseled.
CM McClintock reminded that if the assessment is changed, the 218 process is mandatory. We are changing the lift station from zero to an assessment, so the 218 process ‘kicks in’.
MAYOR HILL MOTIONED TO INITIATE THE 218 PROCESS FOR THE LANG STREET
LIFT STATION DISTRICT, AND IF NECESSARY, TO INITIATE THE PROCESS FOR
CREEKBRIDGE. COUNCILMEMBER LAVERONE SECONDED
THE MOTION, WHICH CARRIED (5-0-0-0)
WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE;
ABSTAIN: NONE; ABSENT: NONE.
Discussion Items – Old Business: None noted.
Discussion of Highway 156
Status and Direction to Staff
CM McClintock indicted this matter was agendaized because of some controversies during the last week or two, an update on the status of Highway 156 as compared to Highways 152/156, was anticipated and staff had been directed to add the matter to the agenda because of the uncertainty. However, Supervisor Bothelo was not present because ‘nothing has changed’, she reported. Councilmember Dias said, “As of now nothing has changed, but we have a brand new COG board, and will have a new Director hopefully at the next meeting – then we should have more details.” Councilmember Dias said he thought it would be beneficial to have the ‘156 items’ listed on the agenda regularly (like water project); others agreed and staff was directed to do so.
Discussion Items – New
Business: Discussion of City Council Pay (Beginning
2009 –Discussion Requested by former
Mayor Arturo Medina)
Mayor Hill led the discussion, saying the Councilmembers used to get League of Cities meetings paid for and indicating she would like to see that recur.
Councilmember Dias agreed and said, “Yes, it is time to put a stipend in place.”
CM McClintock advised that by law a City of this size can pay up to $300 per month per Councilmember. CM McClintock cautioned that this is a ‘suggestion session’ since this is a fiscal matter which must be budgeted. Any action for a stipend would not become effective until after the General Election in 2009. Other points CM McClintock raised included:
if an Ordinance is passed and subsequently reconsidered, the Ordinance could be rescinded
an Ordinance such as that under discussion could be contingent on the City having a balanced budget
Councilmember Laverone indicted he would like to see salaries/stipends based on meeting attendance. “If one is absent, one doesn’t deserve to be paid,” he said.
Councilmember Dias agreed that might be a good rule.
Councilmember Edge indicted that mileage for out of town meetings would be beneficial.
CM McClintock agreed, citing the
meetings for AMBAG in
Councilmember Laverone
also agreed with the cost(s) associated with mileage – and suggested meals
should be considered as well. He related that the time from work for the
City-necessary visit to
CM McClintock suggested incorporation of: League meetings, mileage, or ‘anything else’ must be based on having a balanced budget – and “that is the challenge”, she said.
Councilmember Edge said his thinking was for a stipend starting at $100 for the regular City Council meeting(s) attendance – or set an amount ‘not to exceed’.
CM McClintock reiterated, any action of stipend for the Councilmembers would not be effective for two years, and any such projected expenditures must be put into a balanced budget. CM McClintock indicated the matter will be retuned, possibly in ‘resolution form’.
Councilmember Laverone suggested that two separate issues be addressed: meetings (reimbursement for Official Meetings) and mileage. “The ‘pay thing’ should be separate – and all are contingent on a balanced budget,” he said.
Councilmember Dias said, “I would go one step further: we should include the Planning Commission.” CM McClintock was requested to look into that matter. CM McClintock noted that payment for the Planning Commission differs according to size of the City, as she said the matter would be ‘back at the next meeting’.
Set Future Agenda Items and
Status of List of Current Items
It was noted that the item:
Present ordinance stating grease traps need to be cleaned out once a week unless certificate stating requires less often should be given a priority on the lengthy list of ‘set future agenda items’. The remainder of the list of future agenda items has been published.
Comments:
Commissioners: Councilmembers
Councilmember Dias said, “I’m about two months late in objecting to the sign the school put up. I know we have no control over the matter, but I would like to have the Council send a letter indicting disappointment with the type of sign in place. The basic sign is neat and the plastic is ‘tacky’. This could have been a good learning experience/civics lesson for the students. I want to send a letter to emphasize the school is a gateway to the City and could have provided a historic message to the students with a good historic design. This sets a very poor example for a historic City - very poor.” He continued by detailing how the students could have visited City Hall for a ‘living lesson’ on how to work within the parameters – and create good will.
Councilman Paradice agreed. All Councilmembers requested the letter to be composed by Staff, then delivered to the school.
Councilmember Edge asked,
“When will Musitelli turn on the streetlights on
Staff comments:
CM McClintock noticed intention to have vacation time during the last week of January and first of few days of February.
ON A MOTION BY COUNCILMEMBER PARADICE, SECONDED BY COUNCILMEMBER DIAS,
AND CARRIED WITH THE UNANIMOUS (5-0-0-0-0)
VOTE OF ALL COUNCILMEMBERS PRESENT, MAYOR HILL ADJOURNED THE MEETING AT
_______________________________
Priscilla J. Hill, Mayor
ATTEST:
_________________________________
Trish Paetz, Deputy City Clerk