City of CITY COUNCIL STUDY SESSION: MINUTES The workshop was CALLED TO ORDER at Having called the meeting to
order, Mayor Hill announced the purpose of the study session: to conduct a Public
Hearing on Proposed Increases to Water and Sewer Rates. Mayor Hill
reminded: -
that all qualified protests to the proposed
increases will be counted at the conclusion of the hearing -
no action will be taken by the Council at the
scheduled hearing -
however, on the ROLL CALL: 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;
Minutes Clerk Judi Johnson PUBLIC COMMENT
ON ITEMS NOT ON THE AGENDA Mayor Hill opened, and then closed, the floor to the
public, as none in attendance indicated a wish to speak to items not on the
agenda. . PUBLIC HEARING ON PROPOSED INCREASES TO WATER AND SEWER RATES CA Thatcher advised this protest
hearing was being held in accordance with Article 13 (d) Section 6 of the
California Constitution. CA Thatcher said Article 13 gives local governments –
including municipalities - authority for adoption of assessments fees, and
taxes. This adoption of water and sewer fees fall under the noticed Section. He
explained that usually such fees increase calls for an actual vote of those
affected; however, sewer, water, and garbage charges are excepted from those
rules. CA Thatcher told of the notice requirement, and explained the definition
of legal owner of record or that
person(s) the City was required to notify of a proposed increase in such fees.
CA Thatcher said that City staff has met that requirement by sending notice to
all addresses where water and sewer are obtained, either by tenants or by owner/occupancy.
He cautioned that by law only the owners of record may protest a fee-increase
action by the Council. “If written protests are received from a majority of
legal land owners, the City may not adopt the fee structure,” CA Thatcher
informed. “Before the end of the hearing currently in progress, the City must
have received written protest(s) indicating the parcel number and original
signature of the property owner.” CA Thatcher went on to remind
that in order for a protest to be applicable, there is the requirement for a
‘majority protest’. There are 612 parcels in the City subject to procedure to
date, according to the Deputy City Clerk, with 123 protests from legal owners
and 43 tenants; one of those was not signed, so it was not required to be
counted. “To have the fee structure
actually defeated, it would take 307 legal owners of record to protest the
action,” CA Thatcher advised. CM McClintock informed the
Councilmembers that even though the law says the Assessors’ parcel number (APN)
must be included on those protest letters, if a letter contained an address but
not a , City staff went through and matched addresses with the APN from the
County Tax Collectors office. Mayor Hill opened the public
hearing at Jesse Sordia told the
Councilmembers he had concerns that by acquiring funds through grants the City
has to come up (according to his math) with a 31.5% increase in sewer and water
fees. “I know the City is involved with
a lot of plants being built and a few cost $11.5 and that the City uses an
independent consultant firm. Do residents have any way to know the name of the
consultant? We want to find more truth, more information so a resident can make
better judgment,” Mr. Sordia said. “At the end of four years the increase is
not 24% as you said, but a bit more. People on fixed incomes want to know why
they must pay more.” CM McClintock advised who the
consultants are. She told of the rate study conducted by Bartle and Wells, with
Doug Dove being the principal, based on engineering
estimates. “Remember, we have not gone to bid yet on the plants. We will
reevaluate the fee structure as time goes on, and if this rate is not
applicable, the Council has the ability to change it.” Mr. Sordia asked if the
consultants had been researched by the City Council. CM McClintock responded,
“Yes, they have substantial history with Mr. Sordia said he wanted to ask
the Councilmembers if they fully understand the percentage is more than the
letters say? Mr. Dove was present and
explained the concept of compounding. Mr. Dove and CM McClintock joined
discussion to clarify the matter: seven percent increase per year (for four
years) is correct, and then compounding is added in. CM McClintock indicated
understanding of the confusion by Mr. Sordia, and said it probably should have
been clarified to the public. She assured that the printed percentages are
correct. Mayor Hill asked Mr. Sordia is
the explanation helped with understanding the issues? Mr. Sordia asked if
additional information was being sent to residents about the sewer and water plants.
CM McClintock informed of the power point presentation available to residents,
as well as the intent to have documents and project plans placed on the web
site. Mr. Sordia said it appeared that there was no intent to notify residents
that the percentage could be potentially higher. Councilmember Laverone said it is
just a matter of semantics. CM McClintock emphasized that the total is seven
percent per year compounded. Councilmember Laverone reminded that the letter
sent showed actual rates and residents could figure future bills from the
printed rates. Jim Pereyra addressed the
Council, saying he had read the Property Code Section and understood that
actually with strict application, it defines property ownership to include
tenants of real property as ‘owners who pay for services’. Mr. Pereya said he
had been around the Town and talked to literally hundreds of people who feel
they are being lied to about the increase in rates. He indicated, “They also
feel the City has chosen a very fatalistic approach for giving information.”
Mr. Pereyra continued for some time in a diatribe regarding the distrust of
residents for the City Council, saying, “There is very little confidence in the
City Council’s financial ability.” He cited late charges for San Benito Bank as
reason for not trusting the Council with a $11.5 million expenditure. Mr. Pereyra stated the Council
was circumventing the regulations of Proposition 218. He said he thought it
unfair that only the City Attorney says only the property owner should be able
to protest, claiming he had obtained well over the required number of protests
with the renters included. Mr. Pereyra
then asked the City Attorney to respond. CA Thatcher said he had
corresponded by letter to Mr. Pereyra, with specific reference to the Statutes
regarding property ownership and responsibilities of tenants who are directly
liable for payments of services to the City. CA Thatcher reiterated that the
Constitution only requires mailings of notice to legal owners of record. He
stated that many Special Districts and Cities send notices to owners of record
only while others also notify tenants. “I don’t know if there is a ‘best way’.
On the other hand, if the City should choose to count all the votes of the
tenants, owners by record may be shut out unfairly. The staff has advised the
City Council of those of legal ownership.” CA Thatcher said. Mr. Pereyra continued on for some
time with complaints that the tenants did not receive notice and he had ‘worked
hard to get the protest letters’. Why letters were not sent to tenants, he
asked. Councilmember Dias referenced the issue that the City of CM McClintock pointed out to the
Councilmembers that even if there was a count of all the protest from all the
renters, the number needed for certification of protest still fell far short of
what was required for overturning the recommended rate increase. CA Thatcher announced that only
166 verified and factual protests had been received so therefore there was not
sufficient numbers of protest for validity. He reminded again (and ordered it so noted for the record)
that there are 612 parcels in the City, with 123 protests received from legal
owners and 43 from tenants. “To have the fee structure actually defeated, it
would take 307 legal owners of record to protest the action,” CA Thatcher
advised. “If the City counted renters’ protests and they counted, there still
were not enough to defeat the action.” Tod DuBois addressed the Council,
saying he been in San Juan Bautista for 45 years and was ‘fourth generation’ “I
love this Town. I love this State – and I hate to have us quibble over nuts and
bolts. The real issue is: concern for environment and the quality of life –
protecting the quality of water and sewer service. I comment the City for
stepping up to the challenge. Mayor Hill ordered that any
letters of protest not previously received be turned in at this time. [None] With no others to speak to the
matter, Mayor Hill closed the public hearing. Councilmember Dias said he wanted
to clarify again that the City first sent letters to the property owners, and
then sent letters again to everybody as far as water users were known. CM
McClintock said that was the case, and noted that Mr. Pereyra and former
Councilmember Geiger served notice to households as well. CM McClintock
reiterated that the City had received a total of 166 letters of protest, far
below the 317 need for defeat of the rate increase. She said she felt that with
the Attorney’s help, the City had covered all the bases and she was confident
the Council could ‘to move on and get over this hurdle to success’. City Attorney Thatcher reminded
that no action (vote) could occur in the Special Session, but certification of
the number of protest received would be prepared for presentation at the Mayor Hill declared the hearing
for setting water and sewer rates closed at Agenda Review Posting requirements It was requested that Consent
Agenda Item 6H be postponed to the regular meeting in April as: - a fee schedule is involved - a misunderstanding of posting requirements
necessitates re-posting Item 6K: new information has been
received regarding the Architect’s fees for the Community Center CA Thatcher announced there would
be no closed session at this evening’s meeting. Councilmember Laverone requested
Consent Agenda Item 6L be pulled and discussed as he needs more information. CM
McClintock advised this item is tied to item 7L, and concerns engineering
difficulties. Discussion Items: Concerns of
Councilmembers and Staff Minutes Clerk Johnson explained
the process of minuets correction and modifications, thanking those
Councilmembers who e-mail concerns directly to her for rapid update of the
minutes. COUNCILMEMBERS LAVERONE/DIAS MOTIONED TO RECESS THE STUDY
SESSION/WORKSHOP AT 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, Interim Fire Chief Scott Freels, and Minutes Clerk Judi Johnson
Staff Absent: None
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:
Consent Agenda
Items
6H postponed to the regular meeting in April as: - a fee schedule is involved - a misunderstanding of posting requirements necessitates re-posting
6K: new information has been received regarding the Architect’s fees for the Community Center
Councilmember Laverone requested Consent Agenda Item 6L be pulled and discussed as he needs more information. CM McClintock advised this item is tied to item 7L, and concerns engineering difficulties.
CA Thatcher announced there would
be no closed session at this evening’s meeting.
BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
CEREMONIAL ITEMS
Certificate of Appreciation for Eagle Scout Daniel Leong. Eagle Scout Leong was commended for outstanding service to the Community as it was noted he had completed hours of work on local park areas which enhanced the quality of life for City residents.
Water Awareness Month Proclamation Councilmember Dias, who serves as chair of the Water Resources Agency, explained the basis for the proclamation:
- home water use reduced
- repairing leaks
- replacing toilets
- engaging in water efficient practices
- and declaring May 2007 as Water Awareness Month
and gave an overview of the events planned for the month of
May. COUNCILMEMBER DIAS OFFERED A MOTION
DECLARING SUPPORT FOR THE PROCLAMATION. MAYOR HILL SECONDED THE MOTION, WHICH
PASSED (5-0) WITH THE FOLLOWING VOTE: AYES: 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. Mayor Hill and CM McClintock reminded that this was the time for citizens to address the Council, but responses were not in order.
Lori Elder told the
Councilmembers she was taking this opportunity to introduce herself as the new
owner of the ‘old original Holthouse place’ and to let everyone know she was
organizing and opening to the public Windhaven Ranch. Ms. Elder said the 100
acre ranch has two flat, cultivated, planted, grassy areas which will be used
for events. “Currently, we are working on: a motorcycle-related event and a
Hog, Log and Song 2007 event complete with a country-western band and
Mansmith’s BBQ. This can be an overnight camping motorcycle event with all
participants leaving by
CM McClintock announced that Ms. Elder from Windhaven and the VFW had stepped forward to take up the slack following cancellation of community center events due to renovation/repair.
CM McClintock continued by saying Ms. Elder was helping to put together an event featuring historic age motorcycles, vintage scooters, and motor bikes. When people attend this event, they can look at and remember how they first learned to ride – and thank Lori, CM McClintock declared.
Councilmember Dias suggested the Council might show support for the businesswoman and her plans by having discussion of the benefit to the City at the next Council meeting.
Harvey Nyland spoke to the Council regarding the Water Tank
on
Councilman Paradice asked what is the nature of the property? Mr. Nyland said the City appears to be interested in the piece where the water tank is or where they want it located. He emphasized that he is not interested in selling. Councilman Paradice indicted thinking that discussion should center on remuneration to be considered – not negotiations and the property owner should not have to hire Attorneys and Appraisers. Mr. Nyland said he is determined not to sell, but he would be willing to talk. Councilman Paradice asked if Mr. Nyland would be willing to talk about the matter at some other date – without coming to an agreement figure but to figure out what the situation calls for? Mr. Nyland said he could participate in such a meeting. CM McClintock said she would be glad to sit down and talk with Mr. Nyland, and up to two Councilmembers could attend such a meeting.
Councilman Paradice said it would be important to set a meeting soon. CM McClintock asked Mr. Nyland what would be a convenient time? Ascertaining that afternoons are preferable for Mr. Nyland, CM McClintock promised to call on March 21 to set the meeting. Councilman Dias asked if Mr. Nyland wanted any family to sit in on the meeting. Mr. Nyland said it would be nice to have one other person there. Council-member Dias assured that the Council would work with him for facilitating the discussion.
Wanda Styron asked that her request to speak be waived at this time.
With no others present to address matters not appearing on the agenda, Mayor Hill declared the item closed.
CM McClintock called attention to items A-B-D which had been included in the Council- members’packets. CM McClintock advised that the Deputy who generally attends the meetings was at another meeting and therefore not present. A Code Enforcement report which was up to date was provided, she said, and was inclusive of the cases still opened. “If you want to see the closed cases, we will provide those, but there are some lengthy precision inspections and with personnel changes we are somewhat behind on the data reporting,” CM McClintock said.
A. Monthly Cash Report: distributed and placed on file
Acting Fire Chief Freels provided the following information:
- one call in the City
- 8 assists to the County
- company has been busy tearing out of building for remodel
- putting in a ‘mini-museum’ and training facility upgrades (hoping to be able to use for other agencies in classroom setting with a reciprocity for series)
Responding to IFC Freels requested to have the ‘Interim’ title removed, CM McClintock said she was prepared to recommend at the April meeting that the Council consider removing the Interim, having received many positive comments from both the public and the volunteers.
IFC Freels said he was ‘not big on administration’ and thanked Greg Stevens ‘who completes reporting and training documentation’.
Councilmember Laverone suggested,
“When the classroom setting has been completed, you might begin thinking of
entering into agreement with
CM McClintock urged him to talk to C-Map which would assist with publicity. IFC Freels
told the Council that would help
with training through an alliance with
Councilmember Dias sad, “I will
tell in public: you and the guys are doing a great job. Thank you from all the
City Council.” IFC Freels said he appreciated the support he has received. He
went on to tell of staffing difficulties, then stressed the need for an EMC and
clerical volunteers. “At one time we had a very large Explorer Scout post but
that has evaporated, and the volunteers dwindled. We still fight fires and do
community work, but a lack of volunteers hurts. I think it can be build back
up, though,” he said.
A. Report from Closed Session of the City
Council,
B. Sheriff’s Report: Monthly Activity: CM McClintock advised that the Deputy who generally attends the meetings was at another meeting and therefore not present. A Code Enforcement report which was up to date was provided, she said, and was inclusive of the cases still opened. “If you want to see the closed cases, we will provide those, but there are some lengthy precision inspections and with personnel changes we are somewhat behind on the data reporting,” CM McClintock said.
C. Public Works Report –
Acting/Volunteer Public Works Director George Dias reported that people have
asking why the holes are being dug on
D. Water Infrastructure
Project Report – Project Manager Mark Davis noted the Study Session held this evening. Mr. Davis
told of the meeting he and Councilmember Dias attended in
- water treatment
- reservoir
- distribution/sewer
- reconstruction of forestry
- surface water treatment plant $4 – $4.1 million dollars
- 1.25 million gallon reservoir $2 million
-
- laying down about 18k distribution lines, sewer lines $1.5 million
and add it up plus construction costs of $600,000 and $500,000 contingency, the Engineer feels confident in the numbers.”
CM McClintock advised the Council
there is still another reason the City has to do some of storm drainage is that
the City has been noticed by the
Regional Water Quality Control Board – not with a cease and desist – but
official notification of infiltration into the sewer plant, which is most
likely from the collapsed sewer pipes. “Now we can’t handle increase in
wastewater collection,” she said. “It makes sense on
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) Stressed May is Water Conservation Month and urged residents to attend
the festivities on May 5 at
Revolving Loan: (Mayor Hill) not anything noteworthy
AMBAG: (Councilmember Edge) nothing significant
Integrated Waste Management: (Councilmember Paradice) CM McClintock
informed that staff has been working with the Attorney/Consultant on the waste
haulers agreement, with an extension of the agreement anticipated until the new
RFP is completed. The contract expires in June for Hollister,
Highway 156 Report – (Councilmember Dias) Highway 156 talks between VTA, CalTrans, and the City still plugging along; a lot of progress with VTA but not much new information at this time.
West
Kathy Flores San Benito County
Health And Human Services Agency covering Environmental and Public Health was
present to ask the Councilmembers to consider the (prepared) Mosquito Abatement
Resolution to include San Juan Bautista in Mosquito Abatement program year
round and enable a charge to San Juan Bautista for storm drains. Ms. Flores
provided an overview of the charge of the Committee established by the Board of
Supervisors in April 2005 when the West Nile Task Force began public outreach
for education and public health and safety. She noted that Mayor Hill had been an active participant, and listed
the other members of the Task Force. It was noted that while West Nile Virus
had not been identified in
Supervisor Botehlo told of the Board looking into a funding mechanism for forming the Mosquito Abatement District. We got a Consultant to study the feasibility for a ballot measure.
Mr. Matulich explained that the
Task Force and the Board of Supervisors is moving forward for a ballot measure
and the County feels the need for San Juan Bautista to become part of the
district. Mr. Matulich said the City of
The Board of Supervisors has indicated that the Cities should be asked to join the District with an eye to a projected budget. It was noted that San Juan Bautista was charged $279 last year with a subvention.
This year without the subvention, San Juan Bautista’s share will be $1,900. Mr. Matulich stressed the importance of having the City join in the effort. Councilmember Laverone asked if this is to be strictly for mosquitoes or will vector control be addressed as well? Mr. Matulich responded that several diseases will be studied, but the District’s emphasis will be mainly mosquitoes.
Supervisor Bothelo said, that
being elected official, his highest interests included public safety concerns
and absolutely public safety is paramount. “At the time of the Task Force
inception, I was appointed by Chair
CM McClintock advised staff did provide the Councilmembers with literature regarding the program, but had not prepared an actual Resolution. “I suggest that if you want to move forward, the Council needs to give the Mayor guidelines to work within and direct staff to prepare a resolution for the mayor to sign.
Councilmember Laverone asked for notice of committee meetings. Ms. Flores said she will send notices to the City.
Mayor Hill opened, and then closed the public hearing for the matter as there were none present to address the matter.
Action Item 7A was considered at this time.
COUNCILMEMBER LAVERONE OFFERED RESOLUTION 2007-06, RECOMMENDING THAT
CONSENT ITEMS
The Consent Agenda was visited, with the following noted:
Item 6 B was pulled for modification
Item C was continued to April 2007 City Council meeting
Rebecca McGovern asked to have 6F pulled for comment.
Item H is to be continued to the April meeting.
Mayor Hill opened the public hearing for Consent Agenda Items A-D-E-G- J-K-M.. With no persons present to speak to the items on the consent agenda, the public hearing was closed.
COUNCILMEMBER DIAS MOTIONED TO APPROVE CONSENT AGENDA ITEMS A- D-E-G-J-K-M:
A. Approve
Affidavit of Posting for
B. Approve
Minutes for Pulled
C. Approve
Minutes for Continued to April
D. Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title
E. Adopt Ordinance Amending Section 2-1-105 (“Town Meetings”) to Delete the Requirement that Town meetings Shall be Held Periodically
F.
Adopt
Ordinance Amending Title 11 to Include Development Agreements Pulled by
member of the public
G. Adopt Ordinance Amending Certain Provisions of Chapter 5-15 to Accommodate Requirements of Special Events
H. Adopt
Ordinance Setting Water and Wastewater Connection Fees and Certain other Fees
and Charges Related to City Providing Water and Wastewater Service
continued to April, 2007
I. Adopt Ordinance Amending Sections 3-5-150 and 3-5-155 to Modify Sewer and Water Rates (moved to 7 B 1)
J. Adopt Ordinance Amending Title 11, Chapter 11.04.100 Wireless Communications
K. Approve Contract for Design/Engineering and Architectural Services for the Community Center
L. Resolution for Encroachment Fees
M. Approve Affidavit of Posting Hearing
COUNCILMEMBER LAVERONE SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER
DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND
COUNCILMEMBER PARADICE.
COUNCILMEMBER DIAS MOTIONED APPROVAL OF THE MINUTES OF
-
Note: all
votes were reviewed with COUNCILMEMBER
LAVERONE’s name having been
inadvertently omitted originally. This oversight has been corrected in all
instances.
-
Page 2, Reports by Public Officials Informational
Item E. Reports: AMBAG: Commissioner Councilmember Edge (all instances)
-
Page 4, line 6: …. processional professional….
-
Page 13, paragraph 1, line 6: the development and/or finance subcommittees
-
Page 18: Set Future Agenda Items: Comments: Commissioners:
Councilmembers
COUNCILMEMBER LAVERONE SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER
DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND
COUNCILMEMBER PARADICE.
Approve Minutes
for
Item 6 C Reference to Exhibit 4B: implement 1-2-3-6-7-8 Exhibit B
COUNCILMEMBER LAVERONE MOTIONED APPROVAL OF MINUTES FOR THE FEBRUARY
28, 2007 CITY COUNCIL MEETING WITH THE MODIFICATION NOTED. COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER
DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND
COUNCILMEMBER PARADICE.
Adopt Ordinance Amending Title 11 to Include Development Agreements
Adopt Ordinance Amending Title 11 to Include Development Agreements
Rebecca McGovern expresses
considerable concern regarding this issue. CM McClintock informed that this was
presented at the last meeting and will enable the City - in the future, if City
leaders should so desire, to enter into development
agreements. CM McClintock carefully explained there was not intent at
developing anything at this time, but
this just was an enabling factor under
CA Thatcher said the Councilmembers discussed at the last meeting adoption of a mechanism to allow freed-up City regulations whereby a developer could progress with no change of regulations during the development process.
Councilmember Laverone determined that all development agreements are subject to approval by both the Planning Commission and the City Council. CA Thatcher assured this is just like any other Ordinance.
COUNCILMEMBER EDGE OFFERED ORDINANCE 2007-XX AMENDING TITLE 11 TO
INCLUDE DEVELOPMENT AGREEMENTS COUNCILMEMBER PARADICE SECONDED THE MOTION,
WHICH PASSED (5-0) WITH THE FOLLOWING
VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL,
COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
ACTION ITEMS
A.
Resolution
for Mosquito Abatement {considered
and acted upon earlier in the meeting}
B.
Housing
Authority
Sue Hoge of the Santa Cruz County Housing Authority spoke to the Council regarding the Housing Authority ‘setting local precedence’ as she told a notice suggesting transfer of vouchers to City of Hollister with plans to expand voucher assistance for San Juan Bautista residents.
Councilmember Dias was excused at
Ms. Hoge said the expanded program would involve consolidation of the two programs into one for greater efficiency.
CM McClintock infirmed that this resolution is for providing local preference and that to be a participant, one would have to have been a resident of San Benito County for year before allocations could be received. Ms. Hoge said there was a waiting list for San Juan Bautista and Hollister, and so by setting a preference mechanism residents could conceivably have easier assess to the program.
Mayor Hill opened, and then closed, the public hearing as there were none present to address the matter.
COUNCILMEMBER LAVERONE OFFERED RESOLUTION 2007-07 APPROVING
CONSOLIDATION OF THE SERVICES OF THE HOUSING AUTHORITY WITH THOSE OF THE CITY
OF
Councilmember Dias returned at
Adopt Ordinance Amending Sections 3-5-150 and 3-5-155 to Modify Sewer
and Water Rates
CM McClintock announced the City Attorney would address this matter.
CA Thatcher told of the Protest
Hearing earlier during the
Certified: 612 parcels within the City
123 legal owners of record protests received
Those 123 with tenant protest included totaled less than half the required needed for rejection.
“There was failure to reach a majority,” CA Thatcher said.
Mayor Hill opened, and then closed, the public hearing as none were present to address the matter.
COUNCILMEMBER DIAS MOTIONED TO ADOPT ORDINANCE 2007-11 AMENDING SECTIONS 3-5-150 AND 3-5-155 TO MODIFY SEWER AND WATER RATES. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (5-0) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
Consideration of
CM McClintock gave the staff report, noting this is a request to have a City block party on 3rd St. for a wedding reception for one of business owners on 3rd St. She explained that the City did not receive a response from the Sheriff – a call to that office indicated denial but the City was not provided explanation. According to the City Ordinance, the Sheriff can’t deny without a reason. Several calls were made within the 30 day deadline with no response. The applicant, CM McClintock said, is here asking guidance and resolution for other street closures (the applicant has made alternative plans for the wedding) such as the Easter parade. City staff is unsure what want to do, CM McClintock said. The Sheriff denied the request but no reason was given. “From a staff perspective the Council-members could override the Sheriff, but we need guidance and direction,” she said.
Councilmember Edge asked the applicant, Dan Thomas, what day had been requested for the street closure?
Mayor Hill opened the public hearing.
Mr. Thomas explained the date is
to be June 9. He said he and his intended (owners of Daisy’s and Mom and Pops
on
Councilmember Dias said he would like to change the Ordinance so that when staff approved and event, the notice would be forwarded to the Sheriff informing that office of the event.
Discussion ensued regarding:
- Sheriff is a contract employee of the City in addition to being an elected official
- ‘This is our town – and we are responsive to the residents’
- with added security more business might be brought to the City
- severe objection to not even a courtesy call from the Sheriff
- no desire by the applicants to jeopardize relations in the City
With no others to speak to the matter, the public hearing was closed.
Councilmember Laverone asked if the applicants have made other arrangements and talked to other businesses between these two? [Yes]
Lengthy discussion followed with resultant action:
COUNCILMEMBER DIAS MOVED APPROVAL OF THE REQUEST SHOULD THE ALTERNATIVE
PLANS FALTER; MAYOR HILL SECONDED
THE MOTION, WHICH PASSED (5-0) BY THE
FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER
HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
COUNCILMEMBER DIAS MOVED APPROVAL OF RESOLUTION 2007-03 PERMITTING
STREET CLOSURES FOR JUNE 9, 2007 AND FOR THE EASTER PARADE ON APRIL 2, 2007; MAYOR
HILL SECONDED THE MOTION, WHICH
PASSED (5-0) WITH THE FOLLOWING VOTE:
AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, AND COUNCILMEMBER PARADICE.
Public Hearing: Introduce Ordinance Adding Section 5-9-355 (“Inspections
and Repair of Building Sewers”) to Article 3 of Chapter 5-9
CM McClintock reported that in 1922, the City passed an Ordinance which defined sewer ownership as lateral to the main as being owned by the property owner. When Codified occurred, that was still included. Now, with new Codification being put into place, this new Ordinance will set the levels for sewer maintenance, and also permit property owners to opt out, while allowing City to bill for laterals which the City cleans up.
Mayor Hill opened, and then closed, the public hearing as none were present to address the matter.
COUNCILMEMBER PARADICE MOTIONED TO INTRODUCE ORDINANCE ADDING SECTION
5-9-355 (“INSPECTIONS AND REPAIR OF BUILDING SEWERS”) TO ARTICLE 3 OF CHAPTER
5-9, AND INCLUSIVE OF THE ‘OPT OUT’ SECTION. COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH PASSED (5-0) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER
DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND
COUNCILMEMBER PARADICE.
Proposal by HRB to Submit for Grant
Wanda Guibert, President of the HRB, and Cara Vonk were present to review the request with the Councilmembers.
The requesters presented:
- review of benefits of National Registry recognition distributed
- federal preservation grant
- background of previously applied-for grant for inventory City Council approved $13,000
- this grant application asks for $25,000
- grant covers national register nomination
- guidelines: may be able to apply volunteer hours for matching
- minimal cost for review so limited staff time
- not known ff monies involved for can be used for Consultant
- reimbursements/government allowance for cost of volunteer hours/bulk of match volunteer hours (Ms. Vonk infirmed that recently the guidelines were revised to $82.49 per hour for local architects and planners, other staff at minimum wage with 44.5 cents per mile
Mayor Hill asked CM McClintock to address CA Mills Act. She explained it is a way to get credit for personal property upgrade with approved plans to spend the money to upgrade residences. The City loses in personal property taxes but with the in-lieu gets upgraded property within the City.
Councilmember Dias clarified under the Mills Act the City loses tax during the period of the agreement.
Ms. Vonk said she did not know tax structures – but thinks the City only gets back pennies on the dollar from personal property tax, so there would be benefit. “I’ve been told this plan greatly outweighs what the City loses – and gets good maintenance as well.
Councilmember Laverone pointed out:
- the program must be implemented by City
- when implemented at the local level the City must enter into agreement with each property owner
- property owners must agree to using their savings for specific duties and upgrades to historical buildings
- only applies to individual owners
-
Downtown core would be emphasized:
Further discussion centered on property owners being able to ‘opt out ‘ of the program. CM McClintock clarified if the owner is not on the National Register, they could opt out individually.
CM McClintock explained what the HRB is proposing: making the Historic District a National District and would not include any properties lining the current district. “This is not new; there would be no additional requirement for improvements to be on the National Register,” CM McClintock said.
With no others present to speak to the matter, the public hearing was closed.
Considerable discussion ensued regarding:
- reason for applying for grant is to put Historic District on National Registry
- consideration of core commercial area only
- when put on national register, Mills Act/tax credit can comes into play
- there may be a number of federal tax incentives for having property on the national registry
- other requirements of program
- City must adopt program to have eligibility for Mills Act
- individuals can apply for Mills Act funding without City involvement, but it is very cumbersome when done that way
Councilmember Dias stated he could not support the request due to ‘bad experiences in the past’.
He also lamented that “We’ve had this program for four years with no money to the City from it.” Ms Vonk responded that the Cultural Resources Board/HRB has only been in existence three years.
Councilmember Dias claimed not to have seen any actual help from the previous grant. Ms. Vonk said, “There is very little money for brick and mortar capital assets. Councilmember Dias said he had gotten the wool pulled over his eyes as he thought the HRB and the grant would help historic buildings in town. “I thank God I sold my property in Town,” he said. “I can’t support this as if we wanted to be part of the National Park Service. If I had seen anything in last few years OK, but it’s only been money going out and no positive return.”
Councilmember Laverone indicated he has heard similar comments regarding HRB. “I think we need to do something: sit down as summit talks (Planning Commission, HRB, City Council) about the future direction. We need to talk about what the Council expects of each of the bodies and also what they want as to support,” he said.
CM McClintock recalled that the previous City Council authorized hiring a Consultant for reorganization – restructure to streamline processes. She said that probably next month the Council could think what path they wished to take.
Councilmember Paradice expressed
concern that many meetings take place regarding the historical aspect of the
City, with little results. “When all things are done, there are so many things
going on we seem to be spinning wheels –
we need a process for talking of how to get something done. Regarding
historical buildings,” Councilmember Paradice said, “
CM McClintock reminded the request is asking authorization to apply for the grant – deadline coming up on April 30.
Councilmembers engaged in further discussion:
possible governing body resolution next month
desire to generate more tourist traffic in town
signs on 101 world benefit (but would have to go through CalTrans
COUNCILMEMBER LAVERONE MOTIONED TO AUTHORIZE HRB REPRESENTATIVES TO BEGIN THE GRANT APPLICATION PROCESS SUBJECT TO THE AUTHORIZATION BY CITY COUNCIL AT THE APRIL MEETING COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (4-1) WITH THE FOLLOWING VOTE: AYES: COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE; NOES: COUNCILMEMBER DIAS; ABSTAIN: NONE; ABSENT: NONE.
Reconsideration of Budget Cutting Measures from February 28th Meeting
and Consideration of Additional Measures as Moved Forward
CM McClintock gave the staff report, noting that the distributed report of this evening duplicated copies at the February 28 special meeting, when the Council adopted several budget cuts which were substantial, CM McClintock requested further discussion regarding additional recommended budget cuts at this meeting. CM McClintock reminded that at the February 28 meeting, following presentation of the preliminary budget by the Auditor the Council decided to use the April 3 final audit revise as a target date for final decision making. During this meeting tonight, she said, the Council needs to keep in mind discussion of local issues, e.g., the cease and desist order regarding Earthbound Farms. CM McClintock then gave an overview of the deteriorating tax base whereby taxes are now coming in at about $14,000 per month. She distributed ‘budget notes’ to the Councilmembers: a table comprised of potential cuts for balancing the budget. CM McClintock explained that Councilmembers would be asked to reaffirm earlier cuts plus an additional $214,875 which were in the recommended detail of all possible cuts.
Mayor Hill opened the public hearing.
Tony Boch spoke on:
- outsourcing public works and made a suggestion: the cemetery is prime example of successful outsourcing. Mr. Boch told of working on the cemetery for seven years, and said he thought he had helped save the City at least $300,000
- must do a landscaping list to bid over $5,000 the contractor takes all parks (no employee benefits)
- question if Little League pays lights only if contracted for park maintenance
CM McClintock stressed the ideas presented are for the City Council to consider only. Mr. Boch said he though the Councilmembers were doing a great job.
Mr. Bock continued with his suggestions: form a Civilian
Parking Control. He gave as an example a volunteer Sheriffs posse in Sun City
Jolene Cosio said some great ideas had been presented but she would be hesitant to see reduction of salary for the few workers the City has. Ms. Cosio commented on:
- looking at increasing traffic tickets (the assumption: made money if more tickets)
- removing trash receptacles doesn’t sound like good idea – need to keep Town beautiful
Ms. Cosio commended the staff and Councilmembers for other actions; “It shows you want to do something to bring the City back around.”
Scott Freels told the Council he had to ‘chime in with Tony (Boch) on the parks. “I understand that San Juan Bautista has had organized baseball for 150 years. We used to have a semi-pro team. If we don’t water the park and lawn dies, it would not be good for the Town.” Mr. Freels said he would help with Memorial Park. Mr. Freels detailed how the Fire Department spent ‘three hardworking days’ on it recently, with limited help. There was a point in time the Fire Department had ‘lots of help’ and kept up the parks – and the library. “Don’t touch Little League,” he urged.
Councilmember Paradice said he was concerned that the leadership of Little League has not been stepping up to bat. Mr. Freels responded he thought they do help. “They’ve gotten donations to keep the park up. At one tie this was a crown jewel of parks,” he said, reiterating San Juan Bautista has always had organized baseball here.
Jim Barich, announced he is
President of San Juan Bautista/Aromas Little League and said, “We don’t mind
mowing!” Mr. Barich said he was aware there had been ‘back and forth on the
contract’. “If you want us to take care of the park, we will – with
volunteers.” Mr. Barich then cordially invited all present to come to the
Little League opening day on Saturday, and participate in the fundraiser (with
much having been donated) where he promised, “You’ll have a wonderful time at
Abby field this Saturday! Opening ceremony at
Lori Elder told the Council she had been in business with Major League Baseball and thought there might be way to contact Major League Baseball for fundraising, and she offered to have the Windhaven Ranch as a site for sponsoring such activities.
With no others in attendance to speak to the matter, the public hearing was closed.
Councilmembers spoke regarding the following:
- being in favor of the majority of items proposed
- asking the Chamber of Commerce to have the trash receptacle emptied on weekends
- miscommunication between Little League and City council needs to be worked out as soon as possible (Mayor Hill and Councilmember Dias indicated willingness to meet) [CM McClintock said a meeting was planned for Tuesday afternoon with the Attorney to get the existing problems worked out]
- need to look at other ways to ‘do trash cans’
- desire to keep parks open
- having volunteers work with Sheriff would ‘not save that much’
- City in dire straits – would like to partner with Major League Baseball
- COLA needed; must to find way to give employees ‘something’
- support for limiting hours
- citation at rate ‘about right’ now would rather see Officers ‘doing other things’ for public safety
-
trash
- Office hours, City employees, could be streamlined – these not final decision
- Civilian Parking Patrol could be used - very cost effective where now used
- don’t want to see town without trash receptacles shift trash removal to other
- limit City Hall hours for more efficiency
- nuisance parking good way to generate funds
- some business owners use trash can for personal use; if eliminate City operated cans, could be beneficial
Councilmember Laverone remarked, “We are very close financially to what we were about 10 years ago. If I had known of fiscal problems in the City, I might not have applied to be on the City Council.”
Mayor Hill stated, “Little League communications have been troublesome. I think it’s been scrambled a bit, but we will work with it. We must do what we have to do to make it work. In 1992, the City relied a lot on volunteers. With luck, we’ll all pull through this, too.”
Concerns noted were:
- difficulty in finding someone to empty trash [Chamber now being run entirely by volunteers - not sure how much help the City can get from the Chamber presently]
- need to contact Boy Scouts, Service Organizations for help on a ‘cycle basis’
- limit hours civilian parking [agreed by all Councilmembers]
BY CONSENSUS, THE COUNCILMEMBERS PRESENT – AND NONE WERE ABSENT - AGREED
TO CONTINUE WITH THE BUDGET AS CONSENTED AT THE FEBRUARY 28, 2007 MEETING, WITH
THE ADDITION OF LIMITING CITY HALL HOURS AND OTHER RECENTLY IDENTIFIED
COST-CUTTING MEASURES.
Resolution Authorizing Cara Vonk to Attend the 2007 Annual California
Preservation Conference, May 3 -- May 6, 2007, in Los Angeles, CA as a Historic
Resources Board Representative
CM McClintock informed this is a ceremonial item as Ms.Vonk needs to make reservations. She stressed there would be no cost to the City. If Ms.Vonk attends, CM McClintock said, she will be eligible for educational certification.
Mayor Hill opened, and then closed, the public hearing as none were present to address the matter.
COUNCILMEMBER EDGE OFFERED RESOLUTION 2007-04 GIVING AUTHORIZATION FOR
CARA VONK TO ATTEND THE ANNUAL CALIFORNIA PRESERVATION CONFERENCE AS A HISTORIC
RESOURCES BOARD REPRESENTATIVE.
COUNCILMEMBER PARADICE SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER
DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND
COUNCILMEMBER PARADICE.
Provide Staff Direction on Proposed Wording for Replacement Growth
Management Ordinance to Bring the City into Compliance with State Law
CM McClintock gave the staff report, explaining the legal issues with the current Growth Management Ordinance. “We are not wanting to do away with the Growth Management Ordinance,” she said. “We are trying to get back into compliance with State law. CA Thatcher has carefully drawn the wording and we will still preserve some level of Growth Management. The Growth Management Ordinance will be overturned as it is now. So since it will likely go to the ballot again, we are asking if there are problems which should be addressed now or have further study so we do not have to move to an EIR.”
Mayor Hill opened the public hearing.
Cara Vonk said she did not understand why the City appears to be trying to reverse a policy adopted within the last 5 years. Previously we had a three percent Growth Ordinance, which also exempted all infill properties. “Now it appears we are not limiting anything. I know we are/have been annexing properties into the City and these might qualify as infill properties. Does that mean this basically exempts all infill property within the City limits? The beauty of this City has always been that we are compact; surrounded by ag and land of all elements in the General Plan. We celebrate that aspect of our special program here. This ballot measure would open the City up to suburban sprawl. We need our Housing Element certified,” Ms. Vonk stated. “It says in the findings: without numerical data. I don’t believe this is without numerical data. Further, this limits a purpose: to provide afford housing. I find this detrimental to a community which has worked so hard.”
Rebecca McGovern told the
Councilmembers: “We are at a cross road: what should we choose - developer
growth or creative growth?” Ms. McGovern spoke at length on the concerns about
‘the way the Council is moving’. Ms. McGovern
alleged the developers have managed to line up all pieces the Administration,
which chooses Consultants and the Planning Commission where three of the five
Commissioners think growing is not to be avoided. “At a time when the HRB is
trying to save historic San Juan Bautista, it appears a temporary task because
with the housing growth people know building will start and the jewel of
Tod DuBois repeated that his
family has been in San Juan Bautista for 45 years and he is 4th
generation in
With no other speakers to this matter, the public hearing was closed.
Councilmember Dias said he wanted to let the public know he went through the RFP and planning went through the RFP. “We all went through the process as far as infill growth. I’m in favor of creative growth Tod has a creative project which will benefit the City. With the existing ordinance, it can get City sued. I’m in favor of redoing the Growth Ordinance to bring it into compliance with State Law. I fully support the revision,” he said.
Councilmember Laverone spoke on the responsibility of the Housing Authority. “The infill exemption causes concern and I think infill is important. I’m in favor of infill rather than wholesale annexation. I don’t like cookie cutter houses. I did recently sit in with a meeting of the State Director of Housing. She commented that unless San Juan Bautista does something with the Growth Ordinance, the Housing Element would not pass. There is need for compliance. I like the part regarding affordable housing (CM McClintock said this covers everything from workforce down) and as to creative development, I like that term. I think Tod’s project is a good one. [Councilmember Laverone then said Tod DuBois was a newcomer as his own family has been here family 204 years and he is 9th generation.] We need to manage growth to the best service of City and the economy,”
Councilmember Edge said he knew no one wants to see San Juan Bautista grow more than it is now but he had concerns of vulnerability to lawsuits from developers. “I fear projects where the City would have no control. I don’t want things shoved down our throats. We need a good Housing Element and without it, we can’t defend the General Plan,” Councilmember Edge said.
Councilmember Paradice said he agrees ‘wholeheartedly’ that San Juan Bautista needs a new Housing Element. He reiterated Councilmember Edge’s statement of ‘doing it right’ so we aren’t strangled with developers and too many attorneys, “I think Tod has an ideal project but the City Council hands are tied. If the residents vote zero growth, we may to fight, but we can lose.
CA Thatcher clarified that Mr. Dubois project has a request to the Council which contains committee recommendations and will be considered later on the agenda. “Tonight you can send to this Ordinance to Planning for environmental review,” CA Thatcher said.
Councilmember Laverone asked for clarification of the process. CM McClintock advised the Ordinance goes to the Planner then the Planning Commission following environmental review for adequacy of CEQA requirements with further pubic comment available.
COUNCILMEMBER EDGE MOTIONED TO HAVE THE PROPOSED WORDING FOR
REPLACEMENT GROWTH MANAGEMENT ORDINANCE TRANSMITTED TO THE PLANNING DEPARMENT
FOR REVIEW THE SUBSEQUENTLY TO THE PLANNING COMMISSION FOR ACTION TO BRING THE
CITY INTO COMPLIANCE WITH STATE LAW. MAYOR HILL SECONDED THE MOTION, WHICH PASSED (5-0)
WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE, AND COUNCILMEMBER PARADICE.
CM McClintock stated that she would post the letter from the Housing Department on the City’s web site so it could be clear that direction had been received from the state as Councilmembers Dias and Laverone stated.
Consideration of Request by Tod Dubois for Special Election
Tod DuBois gave an overview of the request for support of declaration for a special election.
CM McClintock told the Councilmembers this is an applicant request to the City Council. Staff takes no position on behalf of the residents of San Juan Bautista. She recalled to the Council that Mr. DuBois made request several months for cooperative project City, he and community did best to work thru existing processes and Growth Management Ordinance, his team concluded most expedient process would be special election worked within City Attorney and staff there is process in letter to City Council , resolution gets review by planner for environmental review at that time resolution could be passed for special election and now asking process to be started. Lot of reasons to do this first, really great project dream for lot of people in town and first class team working on not hear negative about project additionally, substantial fiscal benefits to this project would help substantial fiscal benefit to City – longer term as immediate asks acceptance of proposal hopes for successful election.
Mayor Hill opened the public hearing.
Ms. McGovern said, “My big objection to this proposal is the special election. We’re talking about an enormous amount of money and time, as well as planning from other people in the community for the election. I don’t think this project warrants a special election.”
Ms Vonk said, “I do support this project. I think it will benefit to the City and includes restoration and co-housing, with some kind of welcome center. This is the type of project needed here. We have the Ordinance so people can vote on appropriate projects for the City.”
CM McClintock clarified that this is not requesting a vote for growth. She went on to explain the exemptions from the Growth Ordinance and that without a vote, this project can’t be built at the proposed location.
Donna Holmes said she ‘supports
Tod totally’. Ms. Holmes said she is hoping for the special election which if
passed will provide an opportunity for an
Deanne Lange speak in support of the co-housing aspect of the project. “Tod’s project presents co- housing a very exciting plan which will be wonderful addition to the community and is a creative way for dealing with housing. It enhances social ability in this community permaculture,” Ms. Lange said. “I do think this housing will be perfect in the community.”
With no others in the audience expressing a desire to speak to the matter, the public hearing was closed.
CM McClintock stressed the need for action if the Council desired to declare a special election as timeline were crucial, regarding timelines for mailings and ballot announcements.
CA Thatcher told the Councilmembers this is discretionary for the City Council, which is not required to act in this case. CA Thatcher advised that, in discussion with Mr. DuBois, regarding no cost to City – Mr. DuBois understands he will be responsible for the EIR and all election costs, which could be considerable. “Basically there is a parcel of land with a proposed project specific contrary to the current Ordinance which – if the election is successful - will go to Planning for environmental review then to the Planning Commission and ultimately to the City Council,” CA Thatcher said.
Councilmember Dias said he ‘supports whatever process is needed to continue this project’.
Councilmember Laverone suggested the objective is to ‘have the matter passed tonight’. CA Thatcher repeated that an action tonight would be referring it to the Planning Department, then back to City Council. Councilmember Laverone asked clarification on the entire cost being borne by the developer.
CA Thatcher said: “All planning, review, and election costs, including legal costs must be paid by the developer.” Mr. DuBois said the only obligation for the City would be some City Clerk time for the election process. CA Thatcher said he believed it possible for the City to obtain a private consultant for mailing of the ballot and accompanying data.
Discussion ensued regarding:
- the election process
- a projected time for the election (August)
-
inability of the
- San Juan Bautista has 820 voters
- with only 1 item election it would be feasible to have a private consultant
- CA Thatcher advised this would not have to go through a bid process
Councilmember Edge asked the space in the visitor center area. CM McClintock clarified the large building could possibly encompass a wine testing room, in addition to the visitor’s center.
COUNCILMEMBER EDGE MOTIONED TO REFER TO THE PLANNING DEPARTMENT FOR
ENVIRONMENTAL REVIEW THE REQUEST BY TOD DUBOIS FOR SPECIAL ELECTION. NOTING THE
COMMITMENT BY MR. DUBOIS FOR PAYMENT OF A SPECIAL ELECTION AND ALL ASSOCIATED
COSTS, COUNCILMEMBER PARADICE SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, AND COUNCILMEMBER PARADICE.
Approval of Resolution 2007-05 Authorizing the City to Rent and Collect
Rental Payments for the Use of Parking Spaces by Private Businesses
CM McClintock reminded this matter had been heard last month but was not in correct form. “This enables people to reserve space, but excludes individual business, i.e., barbecue pits on the street must pay the City and is not applicable for Special Events.”
Mayor Hill opened, and then closed, the public hearing as there were none present to address the matter.
Councilmember Laverone raised the issue of staff approval, clarifying location allowable. CM McClintock said if the sidewalk is narrow and the business wants a sidewalk sale, there will be a limit of one sign which must be removed at night. Councilmember Laverone then asked if a business does not comply, what are the consequences? CM McClintock said the signage must be approved and the City has the ability to terminate agreements.
COUNCILMEMBER DIAS OFFERED RESOLUTION 2007-05, AUTHORIZING THE CITY TO
RENT AND COLLECT RENTAL PAYMENTS FOR THE USE OF PARKING SPACES BY PRIVATE
BUSINESSES. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, AND COUNCILMEMBER PARADICE.
Public Hearing: Introduction of Ordinance Amending Title 11, Chapter
11.10 Signs
CM McClintock reminded of the intent to adopt started to introduce the Sign Ordinance last month, but some portions had not been corrected. Now, this will allow ‘open house’ signs as the Planning Commission intended, along with other minor differences:
- sandwich board advertising will have specific restrictions
- specific designs can be approved ‘over the counter’ as long as they are within the guidelines
- the Planning Commission sets the policy
- requests for signs which are ‘massive/mural types’ must stay within the Historic guidelines
- this returns the Sign Ordinance to compliances set by the Historic guidelines
Mayor Hill opened, and then closed, the public hearing as there were none present to address the matter.
COUNCILMEMBER LAVERONE MOTIONED TO INTRODUCE AN ORDINANCE AMENDING
TITLE 11, CHAPTER 11.10 (SIGNS). COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH
PASSED (5-0) WITH THE FOLLOWING VOTE:
AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, AND COUNCILMEMBER PARADICE.
Discussion Items – Old Business:
Committee reports:
Public Works (Dias): No meeting but staff is working on an inspection fee schedule for in-house work. CM McClintock advised the City has not charged for inspections in over seven years for work done adjacent to City property. In Working with the City Engineer, she said, staff has come up with encroach fees similar to ‘guiding fees’ so the City will no longer be footing the bill for the City engineer. This will something of a sliding scale with the Council setting fees as required. These fees, she said, will not be ‘terribly prohibitive’ if a mini-permit system for over the counter applications is instituted. “Our goal is to recover cost to the City so it is not impacting everyone else,” CM McClintock stated.
Mayor Hill opened, and then closed, the public hearing as there were none present to address the matter.
CM McClintock stressed this would result in minimal cost to the City for minimal inspections for property owners working on their own property. “We could just have minimal property inspections,” she said. CM McClintock advised Administrative costs must be covered and staff is working on that.
Councilmember Edge asked if this is something covered by Ordinance? CM McClintock advised, “No a resolution can cover it adequately. CM McClintock said staff will return the matter with a ‘tiered set’ of fees for consideration. Councilmember Dias said the staff actually did a sidewalk and the City Engineer is willing to train on how to do a driveway.
Library (Hill/Edge): no meeting
Development and Historic Resources (Edge/Paradice): no report
Budget/Finance/Economic Development: CM McClintock reminded of the audit and budget review on April 3.
Public Safety/Fire Department: (Dias/Laverone) Staff met with City of Hollister for providing police services for San Juan Bautista; still waiting to hear back – Hollister expressed interest pending other considerations.
Ad hoc committee reports:
Motorcycle rally: The promoter pulled out, therefore this ad hoc committee can be dissolved
County Cooperative Agreement: new version of plan (CM McClintock reported) need for follow up meeting Councilmember Laverone willing to add to numbers they would have restrooms from them (at parks and the Community Center) and see if it’s workable for us
Growth Management Ordinance: discussed during open session meeting
Cable Franchise
CM McClintock advised the Charter contract ends in 2009 and explained the work staff has been doing in conjunction with others in the three City franchise: Gilroy and Hollister and detailed the work which must be completed by the end of this year or by default be forced into working with a local provider.
Discussion Items – New Business:
Set Future Agenda Items and Status: Councilmembers added items:
- Windhaven support
- Revisit Nyland issues
- remove Interim from Fire Chief title
Comments
City Council:
Councilmember Laverone advised he is going to be at out of town for the next meeting and asked if there was a way to move a meeting or if it was set by Ordinance ? CA Thatcher advised of methods for addressing items on the agenda. Following discussion, it was determined not to be feasible to look further into the alternatives described.
City Manager
CM McClintock announced upcoming Chamber and Special Events:
- Global family festival in June
- July vintage scooter show
- chicken festival in July by chamber
Special events include getting
lot of good positive feedback on a production on
Councilmember Laverone suggested a positive promotion with Channel 36 on a Sunday morning; he will call regarding possible arrangements.
City Attorney: no report
Adjournment:
COUNCILMEMBER LAVERONE MOTIONED TO ADJOURN THE MEETING AT
COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (5-0) WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE, AND COUNCILMEMBER PARADICE.
Recorded and transcribed by: Attest:
Judi Johnson Trish
Paetz, Deputy City Clerk