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 Thacher
Staff Absent: Acting Fire Chief Scott Freels
Elected Officials Present: City Clerk Shawna Serna; City Treasurer Paul Petersen
ON A MOTION BY COUNCILMEMBER EDGE LAVERONE, SECONDED BY COUNCILMEMBER EDGE,
THE AGENDA WAS APPROVED (5-0) AS AMENDED
[Note: Item 5 (Consent Agenda) was re-numbered
with the following changes:
-
Item 5I
shifted to become Item 5D 2
-
Consent
calendar, Item 5C, Minutes of January 16, 2007 pulled and continued to March
20, 2007 meeting
-
Consent
calendar, Item 5G pulled for further action as Item 5H
BY THE FOLLOWING VOTE: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
PUBLIC COMMENT
ON ITEMS NOT ON THE AGENDA
Mayor Hill opened the floor to the public.
Richard Lozzio spoke, indicating
he was representing a new committee, the San Juan Bautista Antique Committee.
Mr. Lozzio said the main goal of the group is to have people return to
CM McClintock said that if the Councilmembers were interested, the matter could be agendaized next month. Councilmembers clarified the dates for the request: registration/production.
Jolene Cosio addressed the Council regarding a flyer she had seen posted on a local street: the title of which was Stevens Annexation which was purported to be going to the Planning Commission. The item appears, Ms. Cosio said, to be an annexation to the City.
CM McClintock said the notices had been mailed and the matter would be heard at a future meeting of the Planning Commission.
Ms. Cosio questioned the method of posting (on a telephone pole) and why the annexation.
Mayor Hill and CM McClintock reminded that this was the time for citizens to address the Council, but responses were not in order.
Irene Schultz said she was
representing the Plaza History Association, and was appearing ‘hat in hand’,
explaining she had not been able to have the matter agendaized for this
meeting. Ms. Schultz read a letter from the Association requesting recognition
of the 23rd Annual Victorian Ball, which had been held in the Vanetta House
(Plaza Hall), a State owned property currently under renovation and unavailable
for the June 16 date of the ball. The date has been reserved with the City, she
said, and asked that the fees for renting the community Center. “We rarely make
a profit, but it does attract participants from the Bay area and southern
CM McClintock said the matter would be agendaized for the March meeting.
With no others present indicating a wish to speak to items not on the agenda, the public comment period was closed.
A. Monthly Cash Report: distributed and placed on file
CM McClintock noted that she anticipated an accounting of the Gates Foundation Grant to be distributed with the financial report at the next meeting.
A. Report from Closed Session of the City
Council,
B. Sheriff’s Report: Monthly Activity: Deputy Mark Williams was present and recapped the detailed report which had been distributed. CM McClintock took the opportunity to urge the public to contact the authorities of any suspicious/observed actions so the Sheriff’s office could perform ‘follow up’.
C. Public Works Report –
Acting/Volunteer Public Works Director George Dias reported: “A few broken
water mains, a few plugged up sewer systems (adding <with thanks> that
help had been received from the City of
D. Reports by Public Officials: COG, LAFCO, Water Resources Representatives, Revolving Loan, AMBAG, Integrated Waste Management
COG: (Councilmember Dias) Report to be combined with Highway 156 report.
LAFCO: (Councilmember Edge) No report.
Water Resources: (Councilmember Dias) No report.
Revolving Loan: (Mayor Hill) No report.
AMBAG: (Councilmember Edge) indicated he had been unable to attend the meeting, but intended having a report from Supervisor Botelho, who is also a member of that Committee.
Integrated Waste Management: (Councilmember Paradice) No report
Water Infrastructure Project Report – Project Manager Mark Davis
reported that last week the legal descriptions and engineering on all the
parcels that are part of the project were transmitted to the appraiser, with
the appraisal site visits having begun this week, and anticipated completion by
the end of March. Also completed, Mr. Davis said, was historic and
archeological protocol with regard to the State Historic Preservation Office requirements
and has been submitted to
Councilmember Dias said he had attended several meetings recently with the engineers – with Mr. Davis in attendance – and one of the interesting topics was the Historic Protocol. “I don’t know how much it’s going to cost us, but there is a particular way we are going to have to dig and preserve. [CM McClintock said this could add $250,000 cost to the project.] But the good news is,” Councilmember Dias said, “It’s all finally coming together.” Mr. Davis agreed, adding, “It is an expensive process.”
Highway 156 Report – Councilmember Dias asked Supervisor Botelho to
address this matter, with comments made by Councilmember Dias from the COG
meeting. Councilmember Dias said the Highway 156 project has been discussed for
a long time. Now, the COG Board, the Supervisors, and the City of
Supervisor Botelho began by
stating that Councilmember Dias had described the design review meeting well.
“I think what we need to understand is that the City of San Juan has been very
clear, the Board of Supervisors has been very clear, as has the City of
Hollister as far as the improvements that are needed on Highway 156, to the
smallest reasonable footprint with the strongest emphasis, by combining the
focus routes in the Bolsa corridor with Highway 152 and the connection at
Highway 25. As we read in the paper, the Highway 25 improvements at Highway 101
were denied by the CTC, as well as Highway 156. The
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 assistance with the issues presented.
CONSENT ITEMS
A. Approve Affidavit of Posting for February 20, 2007 City Council Agenda
Mayor Hill opened the public hearing. With no persons present to speak to the items on the consent agenda, the public hearing was closed.
COUNCILMEMBER EDGE MOTIONED APPROVAL OF CONSENT AGENDA ITEMS A – B –E – F - AND I. COUNCILMEMBER PARADICE SECONDED THE MOTION WHICH CARRIED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
CONSENT ITEM H
Councilmember Dias was excused at
Adopt Changes to the
Ordinance for Moving of Houses
CM McClintock, reminding Council this issue had been discussed at the previous meeting, stated there are certain types of modular construction that is currently prohibited in the City. This ordinance would allow that type of construction, as well as ‘pre fabbed’ parts for housing.
With no persons present to address the matter, Mayor Hill opened, and then closed, the public hearing.
COUNCILMEMBER EDGE MOTIONED APPROVAL OF CONSENT ITEM H (ADOPTION OF ORDINIANCE 2007-06); COUNCILMEMBER LAVERONE SECONDED THE MOTION WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER DIAS.
Councilmember Dias returned to the meeting at
ACTION ITEMS
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.
Councilmember Laverone noted that the Highway 156 project is bisected by two CalTrans Districts and that creates some difficulty. Discussion ensued as to having letters copied to the State Director of CalTrans. Supervisor Botehlo advocated sending the letter to ‘everyone’ and keeping the emphasis on Highway 152 and the connector with Highway 25. He referenced a study recently established <with Councilmember Dias saying there were so many studies and many not recognized by both the Districts>, and said, “We just have to get to a point where we can have a project (Regional Transportation Plan) that is beneficial.”
The make-up of a committee was
discussed, as was the need for establishing the time for travel to
CM McClintock stressed the importance of forming a comprehensive front to work on this matter, with a meeting to include Council representative (Councilmember Laverone) and the Chair of COG (Council-member Dias) planned later in the week to develop a strategy.
Proposal by HRB to Submit for Grant: CM McClintock gave the staff report, noting that Wanda Guibert, new Chair of the HRB, would make the presentation of the aspirations of the HRB for the grant (designed to update the Historic Resources Survey), which might turn out to need some level of local matching funds. Ms. Guibert provided an overview of the proposal, a follow-up to an original grant, stating the benefits to the City, and asking for support.
Councilmember Dias asked the cost of the original grant, stating the HRB grant has created expenses to the City and make it difficult for property owners to make improvements to their properties.
Councilmember Laverone asked how this grant could help the town and asked if the requirements of the grant caused further restrictions to the property owners. Ms. Guibert responded graciously and indicted that she would be willing to provide additional information as warranted.
CM McClintock clarified that the due date for submittal of the grant is late April and that the HRB might wish to further refine their request for the March 20 meeting.
Mayor Hill clarified that the entire town had been inventoried and asked what portion would be included for the National Register [Historic District].
Councilmember Paradice stated a concern was that if a registry designation was requested, there might be guidelines which would be difficult to meet. He also asked about some of the work done under the guises of the prior grant.
Ms. Guibert stressed that the HRB is an advisory group, and works only under the City. Ms. Guibert said the HRB is not a stumbling block, but only interested in helping the community.
Councilmember Edge said it would be important to have more information and urged that the matter be agendaized for the next meeting. Ms. Guibert clarified what additional information would be needed.
CM McClintock suggested that the HRB do further research on the grant, which has a maximum of $25,000, as the exact amount necessary, along with a report of what would be done with the monies would be beneficial. Ms. Guibert indicated that the group has been working with a consultant who is expert with these matters, and more data will be requested from that consultant. CM McClintock commented on the design guidelines, which are being worked on.
Councilmember Laverone requested that a copy of the grant being applied for be provided to the members of the Council. Councilmember Dias asked how much the original grant cost? CM McClintock was directed to gather that information.
MAYOR HILL DIRECTED THE MATTER OF PROPOSAL BY HRB TO SUBMIT FOR A GRANT BE CONSIDERED AT THE MARCH, 2007 MEETING OF THE COUNCIL, FOLLOWING THE PRESENTATION OF REQUESTED MATERIALS AND INFORMATION TO THE COUNCIL.
Public Hearing: Introduction of Building Sewer (Laterals) Ordinance: CM McClintock gave the staff report, advising that a member of the public had asked if the City had ever codified this matter, noting that the residents own the laterals up to the main within the City. In 1922 an Ordinance (73A) was passed containing information of that matter, she said, and when everything was put into codification, most of the (referenced) Ordinance was obsolete and had been abandoned. The matter is actually part of the City Code, and this action being requested tonight will bring it into codification.
CA Thacher explained that this Ordinance contains other related matters:
- inspections
- correction of problems discovered by the City
This will put the City into the position of requiring property owners to correct discovered problems.
CM McClintock said that the proposed (additional) language also includes a request of inspection on close of escrow (page 2, number 3). If the purchaser would not want to do so, the notice will have been given of the need for inspection. The waiver offered was explained.
Noting the substantial change
explained by CM McClintock regarding the waiver accessibility, MAYOR HILL ANNOUNCED THE MATTER WOULD BE
RETURNED TO THE MARCH, 2007 COUNCIL MEETING FOR ACTION.
Public Hearing: Introduction of Town Hall Meeting Ordinance: CM McClintock explained that the current requirement is that the Town Hall Meeting will occur quarterly. Attendance at the Town Hall meetings has been sporadic and this amendment would permit a Town Hall Meeting to occur as needed. The frequency and rationale for the meeting is up to the Council, CM McClintock said.
public hearing Jim Pereyra said that historically the Town
Hall Meetings have been a vehicle for the people, not for the benefit of the
Legislative Body. “One of the important factors of democracy is the ability to
discuss concerns, disagreements, criticisms, and the Town Hall Meeting provides
that vehicle,” Mr. Pereyra said the proposed Ordinance fails to recognize that
important concept. “What I would suggest is that you schedule more Town Hall
Meetings, with the provision that the Town Hall Meetings be held no less than
three or four times a year (whatever is in the current Ordinance), and also
with the ability of the Council to call more Town Hall Meetings as is
necessary,” Mr. Pereyra said. closed
CM McClintock reminded that the current Ordinance predated the requirements of the Brown Act wherein public hearings are outlined. Mr. Pereyra argued that the free exchange between the public and the Council is restricted and Town Hall Meetings can alleviate that problem.
Mayor Hill recalled that until the erly-1990’s, Town Hall Meetings did not occur, and were put into effect in about 1992 when the City was experiencing severe financial problems. She stressed that Town Hall Meetings are relatively new to the City.
COUNCILMEMBER DIAS MOTIONED TO INTRODUCE AN ORDINANCE GOVERNING TOWN
HALL MEETINGS. COUNCILMEMBER LAVERONE SECONDED THE MOTION, WHICH CARRIED (5-0) WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Public Hearing: Introduction of Ordinance Amending Title 11 to Include Development Agreements:
CA Thacher presented the staff report, saying that this matter, inclusive of a ‘statutory scheme’ was the result of legislative action of several years ago, partially in response that the development community was concerned about case law in CA that allowed Zoning and General Plan changes after the approval of a project but before vesting occurred so that the developer could lose control of the project as a result of the changes. This action would allow the City to enter into an agreement with a developer (in most cases concurrently with any requested zoning or General Plan changes) to freeze the City regulations rules, and laws for the duration so that they can’t change until the time the developer begins work on the project. He noticed that the matter will still be discretionary to the City, e.g., the City could say ‘we don’t want an agreement in this case’ having stated specific findings and conditions.
CM McClintock called attention that the development agreement would be first heard by the Planning Commission then the full Council.
CA Thacher said that generally the project must proceed within a year, but it is renewable annually and can be given extensions, as well.
Councilmember Edge asked clarification on page 5, top paragraph regarding a needed amendment as to the noticing to the developer. With the modification, COUNCILMEMBER EDGE OFFERED A MOTION INTRODUCING AN ORDINANCE AMENDING TITLE 11 TO INCLUDE DEVELOPMENT AGREEMENTS. COMMISSIONER DIAS SECONDED THE MOTION WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Public Hearing: Introduction of Changes to Special Events Ordinance: CM McClintock told of working with the Chamber of Commerce for the modifications to the Ordinance, which had received a ‘major rewrite’ last year. This matter, she said, was anticipated as part of the needed cleanup following that rewrite. Consideration is requested of the removal of the provision of rental of right-of-way during a special event. A companion Ordinance – should these changes be approved – would lower the right-of-way rental rates.
COUNCILMEMBER PARADICE MOTIONED TO INTRODUCE CHANGES TO SPECIAL EVENTS ORDINANCE AS OUTLINED IN THE STAFF REPORT. COUNCILMEMBER LAVERONE SECONDED THE MOTION WHICH CARRIED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Approval of Resolution 2007-02 Authorizing the City to Rent and Collect Rental Payments for the Use of Rental Parking Spaces by Private Businesses: CM McClintock announced the necessity of having this matter returned to the March, 2007 City Council meeting. MAYOR HILL DIRECTED ACTION REGARDING A REQUEST FOR APPROVAL OF RESOLUTION 2007-02 AUTHORIZING THE CITY TO RENT AND COLLECT RENTAL PAYMENTS FOR THE USE OF RENTAL PARKING SPACES BY PRIVATE BUSINESSES BE CONTINUED TO THE MARCH, 2007 MEETING.
Public Hearing: Introduction of Changes to Ordinance Setting Water and Wastewater Connection Fees and Certain Other Fees and Charges Related to City’s Providing Water and Wastewater Service:
CM McClintock called attention to proposed changes which had been distributed at the meeting. In coordination with the 218 process, she said, to change the rates, there are several fees that are being changed, although the fee structure proposed is not part of the 218 process; however, staff is recommending the changes be synchronized with the 218 process so that changes are not continuously being requested. She cited the following reasons for this action:
- the public will be aware of the changes with attention focused
- reprogramming of the computers will not be an issue
Continuing, CM McClintock said the introduction of this Ordinance will launch several new fees as well as reinstate several previous fees and maintaining the current fee structure. She then went on to recap the list of fees affected. CM McClintock said awareness of the several fees and rates had been prepared by representatives of Bartley and Wells, a firm specializing in rate setting.
public hearing Jim Pereyra began speaking, however it was
determined that the issues he wished to present were in error and pertained to
the modification of water and sewer rates.
closed
COUNCILMEMBER EDGE MOTIONED TO INTRODUCE AN ORDINANCE CONTAINING DETAIL FOR THE CHANGES TO ORDINANCE SETTING WATER AND WASTEWATER CONNECTION FEES AND CERTAIN OTHER FEES AND CHARGES RELATED TO CITY’S PROVIDING WATER AND WASTEWATER SERVICE. WITH THE NOTATION THAT ‘THIS SHOULD HAVE BEEN DONE A LONG TIME AGO’, COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH CARRIED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Public Hearing: Introduction of Ordinance Amending Sections 3-5-150 and 3-5-155 of the Municipal Code to Modify Sewer and Water Rates: CA Thacher clarified this delineates the setting of rates within the Municipal Code.
public hearing Jim Pereyra said he was presenting
information for the general public, and that one of the biggest things he had
found in the letter sent from the City (to property owners) regarding this matter was that the rights of
renters and tenants had been violated. Mr. Pereyra insisted this was a
violation of Constitutional rights of the public. He cited addressed which were
not pertinent, e.g., a driveway only; and that the rate charges for potential
use as being in error. Mr. Pereyra said the letter contained much
misinformation, and cited examples of fees and charges which he claimed
pertinent. Mr. Pereyra said the Council and staff would be well advised to send
a new notice/letter to all the rate-paying people within the City. Mr. Pereyra
said that such notice required 45 days and that would be an additional
violation if the matter was acted upon in March, 2007. Mr. Pereyra also
objected to having a pubic hearing set at
Jolene Cosio, said the following questions were pertinent to discussion:
- what is a fire hydrant deposit ($500) and who has to pay? (the example: a developer who wants to hook up to a fire hydrant for use during construction)
- cost of $3.33 per meter per month (this is a ‘replacement fee’; meters have a limited ‘lifespan’ which is part of the on-going challenge of regularly scheduled replacement)
- clarification of incrementalized fee hikes (for water treatment plant; payment to San Benito County for water; and payment for the water main – this is not payment for the water meters)
Ms. Cosio said she felt the rate schedule proposed is ‘outrageous’ and claimed that while she has not complained in the past, she feels this is not a reasonable schedule. Ms. Cosio quoted from the proposed rate schedule for water sales based on the minimum usage and reiterated her objections. Ms. Cosio said she felt there should be consideration of a lowered payment schedule for seniors and others who may have difficult paying.
CM McClintock explained that only if the Council feels the General Fund can absorb the fiscal impact of ‘forgiving a portion of the monthly service fee for seniors or low income residents can an adjustment be made, noting that the law is very specific to this.
Tony Boch said, “I’ve been
telling them for a long time: the free lunch is over. I don’t know why anyone
is surprised about this.” Mr. Boch said that he felt it would be a good idea to
get as many people as possible to attend the special meeting on
CM McClintock said the suggestion was a good one, but the current billing system is not capable of such a project. She went on to say that a City employee might be able to assist anyone who wishes to manually project future billings.
Mr. Boch said he thought many of the residents will be ‘very surprised’ at the billings on April 20.
Wanda Guibert said she planned to respond to the letter, but her bill for last month was $153.00 in a non-summer month. “Why was it that much? We are only two people. So whatever calculations are going on, with the rate going up again, that will be result?” CM McClintock said she would be happy to discuss the ‘particulars’ of Ms. Guibert’s questions in the office.
Councilmember Laverone suggested
there might be leakage which needed to be checked at Ms. Guibert’s residence.
She promised to look into that possibility. closed
CM McClintock noticed that even with the proposed rate increase, the rates will be lesser than in other areas of the County.
Councilmember Dias said it was necessary to go back a couple of years – and even with eliminating the water project from everyone’s thinking for a moment – up until last year, our water and sewer rates were in the ‘red’. “People keep forgetting that. Last year with a rate increase, it put our water and sewer rates into the black – or to the borderline anyhow. Our water and sewer had been living off the General Fund for a long time – it sucked a lot of money from the General Fund. The previous rate increase just brought our water and sewer up to a ‘break even’ situation. That being said, let’s bring the water project back into the picture. Everyone in town has advice; but with the loan we had to get on our own, we must pay it back. The rate setters have given us advice on what rates must be set to pay for those improvements. The rates are for the water project,” Councilmember Dias said.
CM McClintock stressed the need to meet the requirements of the Department of Health. “If we do not met the requirements of the cease and desist order, we can be fined $10,000 per day,” she said. “If we do not show major progress for building this plant by next year, we will be subject to that fine.”
Councilmember Laverone led discussion as he spoke on the costs - of paying those fines or payment for lawsuits resulting from matters concerning the cease and desist order – which would have to be borne by the rate users. He emphasized the importance of having the public know that the cost must be passed to the ratepayers as the General Fund cannot accommodate such a hit. CM McClintock and Mr. Davis cited the penalties given to other municipalities who faced but did not meet the regulatory agencies’ exact stipulates, and noted that this could occur here as well.
Councilmember Laverone advised he had projected his new water rate. “It is a lot of money,” he said. “It is unfortunate that we are in this position, but the lack of financial to this City is what has led to this.”
Councilmember Laverone said his own bill will be increased by $1,500 per year. “So you see,” Councilmember Laverone said, “it’s going to hit everybody hard.”
COUNCILMEMBER DIAS MOTIONED TO INTRODUCE AN ORDINANCE AMENDING SECTIONS
3-5-150 AND 3-5-155 OF THE MUNICIPAL CODE TO MODIFY SEWER AND WATER RATES.
COUNCILMEMBER LAVERONE SECONDED THE MOTION WHICH PASSED (5-0) WITH THE
FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER
HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN:
NONE; ABSENT: NONE.
CA Thacher noticed that comments made by Mr. Pereyra during the meeting qualify as ‘threatened litigation’. He asked the Council for a motion to add an item to this evening’s agenda to set a closed session to discuss that potential litigation just prior to adjournment, noting that the use by Mr. Pereyra of statutory language caused the matter to be raised following the posting of the agenda for the meeting of this evening. “There is an urgent need to discuss this,” CA Thacher said, “we have a notice out there which is in question and if it is not cured as is requested (by Mr. Pereyra) it could result in litigation and therefore I need to discuss it with the Council.”
COUNCILMEMBER DIAS MOTIONED TO SCHEDULE A CLOSED SESSION TO DISCUSS POTENTIAL LITIGATION BASED ON COMMENTS RECEIVED DURING THE PUBLIC HEARING JUST PRIOR TO ADJOURNMENT OF THE CURRENT MEETING. COUNCIL-MEMBER EDGE SECONDED THE MOTION, WHICH PASSED (5-0) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Public Hearing: Introduction of Ordinances Amending Title 11, Chapter 11.04.100 Wireless Communications and Chapter 11.10 Signs: CM McClintock told the Council that the introduction of these amendments would be for:
- control and management of wireless communications facilities as the current code is out of date [there are now strict regulations set by the Federal Government which stated the restrictions under which Municipalities must work with the Wireless Communications issues) CM McClintock said this amendment will reflect what current law is and how it should be applied under the FCC rulings. Communication installations cannot be restricted from the airwaves, even in the Historic District, CM McClintock said. There can be requirements for camouflage for the installations, she said.
- the Chapter 111.10 dealing with signage – with this amendment – would give business owners the ability to place A-frame/sandwich signs - with City permission so long as they did not restrict pedestrian access. CM McClintock described the limitations on the signs. CM McClintock also said the current Ordinance is in conflict with the Historic Guidelines and this will assist with clean-up of that issue, and allow the business owner to bring into City Hall a picture of a Historic sign for replicating that signage
Councilmember Dias said, “Strict restrictions are fine, but the question is: do they have to go to the HRB and Planning Commission with these signs?” CM McClintock advised that until the Historic Resource Ordinance is addressed, all signs have to go through them. Councilmember Dias continued, saying this should be an across the counter deal and give the business owners a break.
Councilmember Edge called attention to Section 11.10.150 ‘Open House Signs’. CM McClintock read the section, and said the section had not been updated as directed by the Planning Commission and therefore the matter had to be continued pending corrected language. CM McClintock advised this section had been discussed at length by the Commissioners. Councilmember Edge said when a Realtor has an open house, there must be more than one sign. Councilmember Edge said he would send details of the need by e-mail to the City Manager.
Determining that the wireless communication section of the item could be addressed, COUNCILMEMBER LAVERONE MOTIONED TO INTRODUCE AN ORDINANCES AMENDING TITLE 11, CHAPTER 11.04.100 WIRELESS COMMUNICATIONS. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (5-0) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Consideration of Agreement
with
CM McClintock gave the staff report,
noting that
Councilmember Laverone asked if a wiggle could be made on the fiscal estimations? CM McClintock said the County is planning to do its own RFP on this and the City had submitted what it thought prudent. She also said the use agreement had been modified so that County residents of the unincorporated areas will receive the same rental rate as City residents for a five year period.
Councilmember Edge asked about the section dealing with revocation of the agreement, saying he thought the language should be tightened, with the idea that if there is a dispute, perhaps it could be informally mediated. Further, he asked that language be substituted in section 3 to place decision making/dispute resolution with the City Council and the Board of Supervisors. CM McClintock said she did not perceive the document to set that level of resolution but suggested that the Council might want to look at a two-level dispute resolution if that was warranted within the agreement.
Further discussion revealed other flaws within the agreement (length of time for the agreement and extension possibilities).
COUNCILMEMBER LAVERONE MOTIONED TO HAVE THE CITY STAFF (CM AND CA) NEGOTIATE THE AGREEMENT WITH THE MODIFICATIONS SUGGESTED DURING DISCUSSION, WITH THE AUTHORITY BEING GIVEN TO THE CITY MANAGER TO APPROVE THE LANGUAGE AND FORM OF THE CONTRACT WITHIN THE REVISIONS. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (5-0) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: NONE.
Discussion Items – Old Business:
Committee reports:
Public Works (Dias): no report
Library (Hill/Edge): possible restructure of open hours to make more ‘user friendly’ for youth
Development and Historic Resources (Edge/Paradice): no report
Budget/Finance/Economic Development: CM McClintock reminded of the mid-year budget review on March 28.
Public Safety/Fire Department: (Dias/Laverone) meeting held with Sheriff’s office representative for discussion of issues (provision of emergency response training and neighborhood watch) in the contract. Councilmember Laverone said the Neighborhood Watch program has not been successful, but there might be an anonymous tip line which could be considered, as well as a web-based crime reporting line (for non-emergent calls) with links from the City and Sheriff’s office web sites.
Ad hoc committee reports:
Motorcycle rally: CM McClintock reported the promoter has withdrawn the offer for event sponsorship. Councilmember Dias lamented the fact that the event has been ‘thrown away’. Councilmember Laverone said he would like to see the ad hoc committee retained as he felt further investigation would be worthwhile. Councilmember Dias expressed anger and frustration at the loss of a money-making opportunity for the City.
Growth Management Ordinance: CM McClintock had distributed the report. She advised that she has had discussion with the City Attorney, who thinks the Ordinance can be simplified for presentation, and further advised it is a ‘work in progress’ which may be to the Council at the March meeting for potential placement on the ballot. CA Thacher said that a measure put on the ballot by the Council requires CEQA review.
Discussion Items – New Business: None
Set Future Agenda Items and Status: Councilmembers deleted items completed (Lateral photo-scan for sewer)and added the TipLine/Web-Based Reporting which had bee discussed under Committee reports and waiver of fees for the use of the building by the Historical Society for a fund-raising dance.
Comments:
Councilmembers
Councilmember Dias continued criticism toward a public official regarding the loss of the motorcycle event.
Councilmember Laverone said his understanding was that the vendor had broken off discussion. He also thanked the Sheriff’s office for a recent arrest of a troublesome resident (drug dealer). CA Thacher advised that he would have information (regarding options for the City to pursue regarding houses wherein drug dealing had occurred) to be presented to the Council. Councilmember Laverone spoke on the ability of the City to declare the house a ‘pubic nuisance’. CA Thacher said he would continue working on the matter and intended to contact the District Attorney’s office as to their proposed action.
City Manager: Web site updated with an event featured calendar. She stressed several events that are scheduled and appear to be fun and a ‘real positive’ for fundraising.
City Attorney: reminded of the closed session to precede adjournment.
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 RECESSED THE MEETING AT
Mayor Hill declared the meeting reconvened at 9:02 p.m., with CA Thacher announcing no reportable action from the closed session.
With no further business to come
before the City Council this date, the meeting was adjourned at 9:03 p.m.
Recorded and transcribed by: Attest:
Judi Johnson Trish
Paetz, Deputy City Clerk