City of San Juan Bautista

CITY COUNCIL MEETING: April 17, 2007

 

MINUTES

 

The meeting was CALLED TO ORDER at 6:35 p.m. by Mayor Priscilla Hill as she invited all present to join in the Pledge of Allegiance

ROLL CALL:

Council Members Present:  Mayor Priscilla Hill; Vice-Mayor Dias, Councilmember Edge, and Councilmember Paradice.

Council Members Absent: Councilmember Laverone [ON A MOTION BY COUNCILMEMBERS DIAS/EDGE COUNCILMEMBER LAVERONE WAS DECLARED EXCUSED BY THE UNANIMOUS VOTE OF ALL COUNCILMEMBERS PRESENT (4-0-0-1).]

Staff Present:  City Manager (CM) Jan McClintock; City Attorney (CA) George        Thatcher, City Planner (CP) Matthew Sundt, and Minutes Clerk Judi Johnson

Staff Absent: Interim Fire Chief Scott Freels  

Elected Officials Present: City Clerk Shawna Serna; City Treasurer Paul Petersen

 

CEREMONIAL ITEMS

A.  Proclamation Honoring Peak Day (April 29, 2007; Fremont Peak Day)

Mayor Hill read the Proclamation which featured 101 years of celebration of Fremont Peak. The acknowledgement was given of the work of Native Daughters of the Golden West, who since 1908 have ensured that a flag salute was given at high noon on Fremont Peak Day. Georgina Gularte, of the Native Daughters of the Golden West Parlor 179 explained she was an active member of the Ladies Auxiliary of the VFW received the Proclamation, and thanked the Council. “This City can be counted on to rise to the occasion to celebrate History no matter what troubles the City may experience,” Ms. Gularte said.

 

B.     Appointment of Scott Freels to Fire Chief

This matter had been agendaized from the last meeting. Interim Chief Freels had completed the six month review and was eligible for appointment as Fire Chief. Mayor Hill declared the appointment of Scott Freels as Fire Chief for the City of San Juan Bautista by reading the Proclamation. It was noted that Chief Freels has shown the ability of leadership and ‘has done a good job’ as Interim. Because Chief Freels was working and not able to be present, City Clerk Shawna Serna was delegated to ensure personal delivery of the Proclamation.

 

APPROVAL OF AGENDA

 

ON A MOTION BY COUNCILMEMBER EDGE, SECONDED BY COUNCILMEMBER DIAS, THE AGENDA WAS APPROVED (4-0-0-1) AS PRESENTED, WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, AND COUNCILMEMBER PARADICE. NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA

Mayor Hill opened the floor to the public.

Jim Selznick commented that in reading the agenda which had been posted, he had been interested in a specific item, but when he ‘ran through’ the item of concern (annexation of 49.65 acres couldn’t be found. “Please, on behalf of the citizens make the agendas citizen friendly,” Mr. Selznick entreated. “I grew up in a home where we only spoke algebra. I need it made clear so when I go through the agenda, I will see an actual topic, instead of Ordinance 2007-XX. People would like to participate and have a better understanding of the work of the City.”

 

Helena Kliensmith gave notice that on May 5, there will be multi-promotional efforts by businesses in the City. “We have the opportunity to encourage businesses show the best to our customers. Many of the businesses are concerned that when 200 people leave the fashion show/luncheon parking will have become a big problem. The motor cycle only parking on 3rd and 4th between Mariposa is not yet an Ordinance. The business owners don’t want to be impediment, but are concerned that the set-aside motor cycle parking will only escalate the lack of parking. We want the Council and the City Manager to re-think the Ordinance. If parking is impeded to prevent progress further down 3rd St., we need to have the center of the City clear. Standing near the vehicles (motor cycles) is creating an atmosphere that causes business to be stagnant. Please reconsider and do not make the Ordinance effective. There is a need to ‘redo’ parking up and down Mariposa; when the signage goes up, the traffic problems are greater.”

 

Patricia Bains concurred with Ms. Kliensmith, and said, “This temporary experimental parking has resulted in negative impact on businesses being blocked by rude persons. It has become a negative impact on income. The riders park their bikes and ‘rev’ the engines. Customers are greatly intimidated and it is very too noisy. When the bikers are impinging on others, we feel a loss of freedom. I sell clothing and now the clothing smells of the fumes. I can’t close the door of my business. The air is being polluted and I think the whole thing is having a negative impact. I know that on Easter weekend for the parade the barricades were up. A neighbor saw a biker ‘pop a wheelie’ through the barricades. Children were sitting on the sidewalk to watch the parade nearby. It has become very intimidating.”

 

Lori Elder gave an upbeat update on the Little League field. Ms. Elder said she had phoned Home Depot where she had received a very good reception. Ms. Elder reported thinking that Home Depot may donate a riding mower to Little League. Dassel’s will be contacted regarding donating gas for the mower, as well, she said.

 

Peter Lotomozel addressed the Council, saying, “I second what Mrs. Bains said: when the parade was going on, there were children sitting in the gutters, and the bikes had very loud noises. Business owners have that noise and they can’t hear the customers.”

 

With no others present indicating a wish to speak to items not on the agenda, the public comment period was closed.

 

INFORMATIONAL ITEMS

  1. Monthly Cash Report: distributed and placed on file

B.     Monthly Financial Statements: distributed and placed on file

  1. Code Enforcement Officer’s report

D.     Fire Chief’s Report: distributed and placed on file

E.      Library Report: distributed and placed on file; CM McClintock noticed a new/different reporting system has resulted in substantial changes reflected in the numbers presented this month.

 

Mayor Hill opened, and then closed, the public hearing on Informational Items A –B – C – D - E; as there were none present to address the matter(s).  

 

PRESENTATIONS

 

A.     Report from Closed Session of the City Council April 17, 2007: CA Thatcher said no closed session had occurred before the meeting.

 

B.     Introduction and Remarks from Lisa Rheinheimer, Executive Director, Council of Governments

 

C.     Lisa Rheinheimer, new Executive Officer of COG was present. Ms. Rheinheimer said she just wanted to introduce self and to announce that Councilmember   Dias does a good job as Chair of that Board. Ms. Rheinheimer said many exciting things were happening: The Highway 25 Bypass will be award with the contract being $2.2 million under the engineer’s estimate. “We are very pleased that the project came in under budget,” Ms Rheinheimer declared. She also delineated the working being done with CM McClintock regarding transportation issues. “If we can get money to San Juan Bautista for local needs, we will do that. Currently there is not much money available but we will try to help the open door,” she said. Councilmembers thanked Ms. Rheinheimer for the encouragement. 

 

D.     Sheriff’s Report: Monthly Activity: Deputy Mark Williams had distributed the report as part of the Councilmembers packets. Calling attention to some of the details, Deputy Williams said weather plays a part in the amount of activity seen in the City. “Since the first of the year,” he said. “There has been a huge increase - here and in the surrounding area – of vehicle break-ins with purses and laptops favorite targets. Deputy Williams detailed the statistics and called attention to the web site which has messages encouraging the public to be really aware of what is going on. He stressed that hard evidence is needed in order for the Sheriff’s office to help.

 

Councilmember Dias said he had observed that Deputy Williams had heard the people talking about the problems with the motorcycles and asked for help. Deputy Williams said he would look into the matter.

 

Mayor Hill told of a complaint provided to her: needles had been found in front of the Phone Company building and drugs along 3rd St.  Deputy Williams said he is working on those issues and anticipates a decrease in activity.

 

E.      Public Works Report – The department has been busy fixing leaks. All the patch work is done on the holes dug. The workers will be tearing up 7th St. tomorrow to fix damage found there.

 

F.      Water Infrastructure Project Report – Project Manager Mark Davis

Mr. Davis reported that, with Councilmember   Dias’ help, he hoped to wrap up the rest of the mystery items in the wastewater design system on Wednesday. “We have been able to pretty much figure out what is where – thanks for a good job, Councilmember Dias, and public works staff!” he said. Mr. Davis continued by saying that 4th street is done except for determining a problem regarding the ‘destination’ of the main.

 

Mr. Davis further reported that the water treatment plant plans will be completed in two weeks and will be sent to the engineer and DHS for review. Regarding the Specific Plan, Mr. Davis reminded the public that the City has engaged for public participation the plan for San Juan Bautista Specific Plan whereby letters have been sent to property owners in specific site plan.  Those who attended the public meeting will be noticed by letter, an update placed on the web site, and postings for meetings in the usual and customary places.

 

G.     Reports by Public Officials:

COG: (Councilmember Dias) Happy to have been part of announcement of Highway 25 contract.  

LAFCO: (Councilmember Edge) no report

Water Resources:  (Councilmember Dias) Emphasis in May of Water Awareness Month. Time of celebration at Dunne Park in Hollister: 11 a.m. to 3 p.m. All are invited.

Revolving Loan: (Mayor Hill) No report

AMBAG: (Councilmember Edge) no report

 

Integrated Waste Management: CA Thatcher said this matter is in the hands of the lawyers with a conference call planned for Thursday and Hollister, San Benito County, and San Juan Bautista participating. An update will be planned for the next meeting.

 

Highway 156 Report – no report

 

Mayor Hill opened the public hearing for items addressed under PRESENTATIONS. With no persons present to speak to the matter(s); the public hearing was closed.

 

CONSENT ITEMS

A.     Approve Affidavit of Posting for April 17, 2007 City Council Agenda

B.     Approve Affidavit of Posting Hearing

C.     Approve Minutes for February 20, 2007 City Council Meeting

D.     Approve Minutes for March 20, 2007 City Council Meeting

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

F.      Adopt Ordinance 2007-13 Adding Section 5-9-355 (“Inspections and Repair of Building Sewers”) to Article 3 of Chapter 5-9

G.     Adopt Ordinance 2007-14 Amending Title 11, Chapter 11.10 Signs  Pulled by Councilmember Edge.

H.     Adopt Ordinance 2007-15 Setting Water and Wastewater Connection Fees and Certain Other Fees and Charges Related to City Providing Water and Wastewater Services

I.        Approve Resolution 2007-08 City Hall Holidays for FY2007-2008

J.       Authorize City Manager to Sign San Benito Bank Sign Letter Requesting Addressee Change on Bank Accounts

K.    Approve Resolution 2007-09 Approving Street Closures

 

Mayor Hill opened, and then closed, the public hearing for items A – B – C – D – E – F – H – I – J - K as no persons present indicate a wish to speak to those items on the consent agenda.

 

COUNCILMEMBER EDGE MOTIONED APPROVAL OF CONSENT AGENDA ITEMS A – B – C – D – E – F – H – I – J - K.  COUNCILMEMBER DIAS SECONDED THE MOTION  WHICH CARRIED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

CONSENT ITEM G: Adopt Ordinance Amending Title 11, Chapter 11.10 Signs 

 

Councilmember Edge noted that the last time this matter had come to the Council, the language was incorrect, and had not been approved by the Planning Commission and was not read beyond Title. Councilmember Edge called attention to Subsection b regarding what would most likely be real estate signs (a-frames) and explained that  if the Ordinance was passed ‘as is’, the City puts most all Realtors in violation automatically.

 

CM McClintock explained the debate at the Planning Commission and noted that this needed to be re-addressed by the Planning Commission.  She related how Commissioner Spencer had noticed this section to be very restrictive and it had been changed. “If this is still of concern, it should go back to the Planning Commission. We need to just take this section only back to the Planning Commission because if we do not approve the  Ordinance, businesses in Town can’t use a-frame signs this year during the . summer,” CM McClintock concluded.

 

CA Thatcher said in preparing to offer an Ordinance, the Councilmembers should also direct staff not to enforce that section until it returns to the Council.  

 

With no persons present to address the matter, Mayor Hill opened, and then closed, the public hearing.

 

COUNCILMEMBER   EDGE MOTIONED TO APPROVE ORDINANCE 2007-14 WITH THE REFERENCED SECTION NOT TO BE ENFORCED BY STAFF, AND WITH THE MATTER BEING RETURNED TO THE COUNCIL FOLLOWING ACTION BY THE PLANNING COMMISSION. COUNCILMEMBER DIAS SECONDED THE MOTION, NOTING THAT A DESCRIPTION OF SIGN SIZES HAD BEEN GIVEN BY STAFF, WHICH WILL BE PRESENTED TO THE PLANNING COMMISSION. THE MOTION PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

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.

A.     Consideration of Moto-Rama Event on July 8, 2007 on 3rd Street Between Washington and Mariposa

 

 

CM McClintock presented the staff report, noting this is a request for street closure for a historic event: a small motor bike (equalivent of a car show). She assured that the motor bikes will not be ‘running up and down the road’. 

 

Lori Elder said this will be quite an exciting event and will feature vintage scooters and some vintage motorcycles.  Ms. Elder gave details of the Chamber community fund raffle, with booth participants offering prizes and ‘giveaways’ to the public.  She told the Council that the only expense will be for port-a-potties and advertising/noticing, and emphasized she has gotten sponsors for the event.

 

Turing to the issue of blocking the street for such an event, Councilmember Edge said he thought there would be better participating if the whole street was blocked. Ms. Elder spoke on the value to downtown businesses if the entire street were blocked.   Other Councilmembers   agreed thinking the total street closure would be best.

 

Mayor Hill opened, and then closed the public hearing as no persons present indicate a wish to speak to the matter.  

 

CM McClintock noted the date of the event is Sunday, July 8. Ms. Elder reminded the importance of having people’s involvement with this Chamber sponsored event.

 

BY CONSENSUS, THE COUNCILMEMBERS PRESENT (Councilmember Laverone was absent) AGREED THAT THE EVENT WARRANTS MERIT, AND DIRECTED STAFF TO RETURN A RESOLUTION TO THE NEXT MEETING FOR ACTION.

 

B.     Presentation of Historic Inventory and Recommendations

CP Sundt recalled to the Council that Galvan and Associates had presented to the City two 2 months ago, the  inventory list of which is available for review both in print and on a CD, detailing some of the pertinent points of the report in discussion with the Council.

 

Mayor Hill opened, and then closed the public hearing as no persons present indicate a wish to speak to the matter.  

 

CM McClintock suggested a recommendation from staff: accept the report, with the knowledge that further items may be brought to the City as a result of the inventory listings, and that a Resolution is not necessary at this time.

 

COUNCILMEMBER EDGE MOTIONED TO ACCEPT THE SAN JUAN BAUTISTA HISTORIC STRUCTURES INVENTORY AND HISTORIC CONTEXT REPORT.  COUNCILMEMBER   PARADICE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

C.     Introduction of Major Revisions to the Historic Resources Ordinance as Recommended by Historic Consultant

 

CP Sundt called attention to a report from Galvan Preservation Associates prepared at request of the City. He noted that Ms. Galvan had prepared two ordinances both of which are proposed revisions aimed at streamlining the  permit process associated with structures in the historic district and historic structures in general that exist in the City

The two alternatives were detailed as follows:

1)      maintains the HRB as currently exists but streamlines the permit review process whereby the City Planner has discretionary authority; some decisions can be determined by the Planning Commission after HRB review and recommendation

2)      Eliminates the RB and replaces it with the addition of two ‘qualified’ persons to the Planning Commission (an increase from five Commissioners to seven)

Several details of the plans were discussed:

-         authority of the City Planner

-         unknown: if elimination of the HRB and expansion of the Planning Commission could jeopardize the City’s CLG status

-         a summary of changes to the Ordinance which had been distributed

 

Mayor Hill opened, and then closed the public hearing as none in attendance indicated a wish to speak to the matter.  

 

CM McClintock advised the council that the two appendixes could be acted on as separate articles. “Just now, we are asking which Ordinance is your preference?” she said.

Councilmembers indicated the following:

-         Dias: A seven member Planning Commission is my choice.

-         Edge: It’s  been good with the HRB, but a big turnover of members has been experienced. (He spoke on the difficulties of not have a quorum of voting members of the HRB in recent months.)  “I keep thinking it may not be workable to continue the present practice if we have to get through California’s State Historical Preservation Office (SHIPO).

-         Paradice said manpower seems to be driving  force and indicated a preference for looking at a seven member Planning Commission

-         Mayor Hill said the seven member Planning Commission would be her preference

 

COUNCILMEMBER DIAS MOTIONED TO ACCEPT ALTERNATIVE ORDINANCE 1, AND SEND IT TO SHIPO WHILE THE UNCOUPLING THE APPENDICES.  NOTING THE PREFERENCE FOR A SEVEN MEMBER PLANNING COMMISSION, MAYOR HILL SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

D.     Consideration of CLG (Certified Local Government) Grant Application by Historic Resources Board Members

 

CM McClintock asked Wanda Guibert, Chair of the HRB to give the presentation of the Grant Applicant, as she explained why staff supports a strong educational component for property owners not current for the Mills Act application.

 

Ms. Guibert spoke from the podium regarding the following:

o       a list of various forms for grant application designation and signage in Councilmember’s packets (e-mailed to Council)

o       City is in need of revitatalization – tourism is a way to accomplish this

o       the Grant application project summary contains ‘lots of work’: a driving force of the application is proposals for the Historic District to become part of the National Registry

o       Heritage tourism is a ‘big deal’ as it can increase business and awareness

o       Highway signage to attract visitors to City’s Historic District

o       emphasis on Item 9, page 4: all properties are on the registry already so will have property owners as well for meetings

o       volunteers hours counted; except for administrative programming, City will not have expenditures, but will receive funding

o       request for approval of the Resolution (on page 19 of the application) which basically says the City Council gives approve for submission

  

Both Ms. Guibert and CM McClintock stressed the Council is just being asked to approve submittal of the grant application.

 

Councilmember Dias said he has concern that individual owners can’t ‘opt’ out. CM explained the ramifications while stressing the importance of  applying and giving local government and resident’s options.

 

Mayor Hill opened, and then closed the public hearing as none in attendance indicated a wish to speak to the matter.  

 

CM McClintock advised on the importance of passing the resolution.

 

COUNCILMEMBER  EDGE OFFERED RESOLUTION 2007-13, noting it is offered with ‘reservations’ and accentuating that the grant will only be accepted if it is determined that individual property owners can ‘opt’ out of the program. COUNCILMEMBER   PARADICE SECONDED THE MOTION, WHICH CARRIED (3-1-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: COUNCILMEMBER DIAS; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

Responding to a request from the City Manager and the City Planner, Mayor Hill declared that agenda items 7 E and F would be heard concurrently. 

 

E.      Consider Resolution 2007-XX Setting Forth Findings, Making an Environmental Determination Pursuant to CEQA and Requesting LAFCO to Take Proceedings to Annex to SJB Approximately 49.65 Acres of Unincorporated Territory Within Sphere of Influence

F.      Introduce Ordinance 2007-XX Announcing Findings and Amending Title 11, Chapter 11.02.040 “Zoning Map and District Locations and Boundaries” to Apply a Pre-Zoning Designation of “Agriculture” (“A”) to Approximately 49.65 Acres of Property adjacent to SJB

 

CP Sundt gave the staff report: Applicant Ted Stephens and three other owners south of the City limits have a total of five lots contained in approximately 50 acres. CP Sundt gave an overview of the priorities and called attention to General Plan policies:  

*         L1 maintenance of Urban Growth Boundary

*         L2 land use pattern

*         L3 encourages development of vacant lots (he point out the ‘few’ available properties in the City)

*         L4 maintain sense of City as ag-related

*         L5 expansion of urban growth area only if amount of developable land within boundaries is not sufficient to achieve goals of  General Plan

 

He further specified:

®    the subject parcels with residences have City water, but are serviced with individual septic systems

®    the low density requirements

®    Ag land review and design process

®    proposed annexation is in the City’s Sphere of Influence

®    the property tax exchange agreement

®    the plan for services: water and sewer

 

CP Sundt reported the CEQA process had ended March 7, 2007 with the initial study being resultant in a Negative Declaration posted on pole and that County; City Clerk office provided the notices given. Two comment letters had been received from citizens in the Town, he said, and a batch of data from the County  together with the Certificate of Compliance (the 23 acres remainder is linked to conditions so compliance was attained in 1992. CP Sundt said the property will be sold and it is a question of having either the County or the City set standards for the development. He spoke at length on the tax benefits to the City. Calling attention to the distributed staff report, CP Sundt spoke of the private ownership of the utilities for the development. “The City is not in position to be responsible for the maintenance of the infrastructure so there would have be a special district formed,” CP Sundt said.

 

At a special meeting of the Planning Commission on April 11, 2007, two recommendations had been forwarded to the City Council:

o       no ridge line development

o       future development on the 23 acres could contain a new road not visible from the City

Subsequently, however, the applicant met with CP Sundt regarding the recommendations: CP Sundt reported the applicant feels the Planning Commission recommendations should not be accepted by the Council. The applicant expressed thinking that the road should be based on the environmental analysis,  CEQA and the EIR process, which included traffic, archeological, geotechnical issues. “The applicant says that regarding drainage, that kind of information is needed for road placement,” CP Sundt said. “From a practical perspective, I, too, think it is appropriate for the environmental document and not the Planning commission.

 

CP Sundt presented a summary of recommendations:

ª     City Council to adopt a Resolution setting forth findings and conditions with statement that the 49.65 acres are within the City’s sphere

ª     City Council to adopt a Resolution amending Title 11, Chapter 11.02.040 (to show property as “A-Agriculture’ and within City’s limits)

 

Mayor Hill opened the public hearing.

 

Jolene Cosio expressed concerns:

-         road design request by applicant  is a ‘shock’

-         City can’t afford (not gaining City anything)

-         concern of slopes greater than 30%

-         employment and housing issues cause annexation “to not make sense’

-         told by County Auditor that  total property taxes under will result in less than $100  to City

-         ‘just because area gets water, is not  cause for annexation

-         will increase advertising for development

 

Jack Topper told the Council he has the property that adjoins the 23 acres. Mr. Topper listed  concerns of:

-         soil movement (he said in the past he has had to put extraordinary measures into place because of soil movement)

-         on the 23 acre parcel, in documentation to the Planning Commission,  the soils evaluation report made no mention of specific drainage or if the soil was capable of moving

-         concern hat the  development will exacerbate his problems and neighbors as well

-         open space in San Juan Bautista is not fully developed {he indicated ‘certainly that there are more than four parcels  available – ‘which is what Stephens will have up there’)

-         need for restrictions that prevent problems with other properties

-         tax in to San Juan Bautista  will be a negligible amount (with annexation, the City – he said – will still only be looking at 1%)

 

Mike Ostrowski reminded that as a Planning Commissioner he had ‘sat through the hearing and heard City residents’ object, with the only ones being in favor: CP Sundt, CM McClintock, and Stephens (the applicant). Mr. Ostrowski said he ‘didn’t think this would be good for the City. He added, “Becky McGovern protested that the Negative Declaration was not detailed with only a few items checked and many remaining that do affect the City. Why is the City intent on going forward so rapidly? I think this may be a liability, and I ask it be turned down.”

 

With no others present to address the matter, the public hearing was closed.

 

CM McClintock explained that the agreement for revenue sharing with San Benito County had long lapsed, and another was being negotiated. She further clarified that before this request could be heard by LAFCo, it must be approved by the City Council. “We are providing fire protection to that area and the Deputy for pubic safety through access across City streets,” CM McClintock said.  She also noted that she felt the information from the Auditor’s office to be incorrect.

 

Councilmember   Edge referenced the letter regarding the EIR and asked information of ‘County items’ on the minor subdivision map, e.g., do those conditions carry over to future owners? CA Thatcher responded, “The conditions would not transfer to the City.”  CA Thatcher indicated that a minor subdivision would be subject to the annexing agency’s approval of conditions, which could be changed.

He explained that the County’s Certificate of Compliance in 1992 had the requirement of a road. Now that road could be expanded depending on the number of units, with the expansion dependent on the number of units that would specific to the 23 acres. “Whether Stevens and the County carried through the 1992 conditions may be moot. Those conditions are largely innocuous – ‘water under the bridge’. However, there is one important aspect: ridgeline development. As far as the 1992 issues being inclusive to the City, probably you might be concerned as to the same kind of things the City has now: sewer, fire, police, and water. If the County has requested carryover {of conditions} to the City in annexation, it should be remembered the County has conceded from a legal standpoint what can carryover. The Council has the ability to decide if there are Conditions you don’t like, don’t do them,” CA Thatcher advised.

 

Discussion ensued regarding:

-         transfer of Conditions during annexation

-         the City’s controls over subdivisions

-         the conditioning of parcel maps (can be updated, changed)

-         modifications requests from applicants

-         financial (tax) benefits/detriments to the City

-         once annexation is completed, the developer will have to come back for Conditions; applicant’s thinks should be environmental assessment

-         probably consideration of adding more conditions

 

Mayor Hill said she found the report and recommendation ‘very uncomfortable’ without further information.

 

Councilmember Paradice reminded he had been on the Council when water service had been provided, but felt ‘this is too loose for me – it could be tightened this is a money matter to be considered.

 

CM McClintock asked if the Councilmembers would like to have the revenue sharing agreement in place first?

 

Mayor Hill spoke on ‘extra houses not being seen from the City’.  “I thought we were told that no others would be allowed up there which could be seen,” she said.

 

CM McClintock reminded that the City Council will not be in control of development unless annexation occurs. “Remember, too, that DHS has said any development in the area can have no new wells. They will force the City to provide water. We have no choice in zone 6,” she reported. Responding to a question from Councilmember Edge, CM McClintock said water accessibility to the dwellings now is by pressure pump.

 

CA Thatcher again spoke on the Conditions which can be overarching from the County

 

Considerable discussion ensued regarding:

-         the road request

-         revenue sharing agreement (question: postpone matter until agreement is in place)

-         need for clearer language regarding grading on the north side

-         ability of  City for further Conditioning

-         agreement with Planning Commission recommendation

 

COUNCILMEMBER  EDGE MOTIONED CONTINUE THE MATTER(s) OF

-         Annex to SJB Approximately 49.65 Acres of Unincorporated Territory Within Sphere of Influence and

-         Amending Title 11, Chapter 11.02.040 “Zoning Map and District Locations and Boundaries” to Apply a Pre-Zoning Designation of “Agriculture” (“A”) to Approximately 49.65 Acres of Property adjacent to SJB

TO THE NEXT CITY COUNCIL MEETING OR UNTIL A NEW REVENUE SHARING AGREEMENT HAS BEEN COMPLETED AND ADOPTED. COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

G.     Approve Wording for Changes to the Growth Management Ordinance to Enable Staff to Begin CEQA Process Required for Placing the Changes on a Future Ballot

 

CM McClintock said the Committee had worked with staff for the wording and subsequently CA Thatcher had submitted the proposal to HCD with that body not returning for any further changes to the wording. “My question is: is it ok TO go to CEQA for review? Getting into CEQA review compliance is what we are attempting to do,” she explained.

 

Mayor Hill opened the public hearing.

 

Mike Ostrowski said, that as member of the public, he would like to know what wording is?

 

CM McClintock explained the document has been available for public review.

 

Mr. Ostrowski asks for overview, with CM McClintock responding that basically it would be exempting infill and inclusionary housing  (seniors inclusionary housing) and raise the  percentage of affordable housing to 3% (of  market rate) in order to meet HCD requirements.  CA Thatcher added this would make it so that there would no longer be a requirement for an election for any number of agreements (currently, five or more require an election for inclusion to City). He said he had recommended that the election requirement be deleted. CM McClintock further clarified that a one-year extension can be granted on allocation (CA Thatcher clarified could be total of 3 years).

 

Mr. Ostrowski asked if the measure included ‘roll overs’? CA Thatcher responded, “No, not expired allocations.”

 

Mr. Ostrowski and CA Thatcher had a brief discussion of special elections.

 

With no others to speak to the matter, the public hearing was closed.

 

CM McClintock reiterated this item dealt with the wording for CEQA review.

 

COUNCILMEMBER EDGE MOTIONED TO APPROVE WORDING FOR CHANGES TO THE GROWTH MANAGEMENT ORDINANCE TO ENABLE STAFF TO BEGIN CEQA PROCESS REQUIRED FOR PLACING THE CHANGES ON A FUTURE BALLOT. COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

H.     Consider Amendment to Green Waste Franchise Agreement for Refuse, Recycling and Yard Waste Services and Resolution 2007-10

 

CA Thatcher reported that the Waste Management Agreement between San Benito County   and the Cities is seat to expire 6-30 this year. Because of lack of adequate time for review and possible bid procedure placement,  staff was recommending the request of Green Waste to extend the current contract through June 30, 2008 with an amendment to the agreement.

 

Mayor Hill opened, and then closed the public hearing as none in attendance indicated a wish to speak to the matter.  

 

Responding to a question from Councilmember Dias, CA Thatcher said it is entirely up to the City to decide on an agreement with San Benito County and Hollister or go for a hauler for the three agencies separately. CM McClintock said Green Waste will be allowed to use the John Smith Landfill

 

COUNCILMEMBER   DIAS OFFERED RESOLUTION 2007-10, AND PROVIDING FOR AN EXTENDED AMENDMENT TO GREEN WASTE FRANCHISE AGREEMENT FOR REFUSE, RECYCLING AND YARD WASTE SERVICES. COUNCILMEMBER   EDGE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

I.        Provide Direction to Staff on Off Street Parking at the Mission San Juan Bautista

 

CM McClintock reported on  talks with the Mission administration regarding using in-lieu fees ($17,000) for paving the area next to the Mission for busses and other large vehicles, which would reduce blight and improve safety on 2nd street.  She said the Mission has decided in working with City for bus parking only but City staff doesn’t feel that would be the best use of  the dollars as there would still be the motor coaches and big RVs. “Just the buses doesn’t provide alleviation for parking for tourists,” she said.

 

Mayor Hill opened, and then closed the public hearing as none in attendance indicated a wish to speak to the matter.  

 

Councilmember  Edge asked, “What area do we have that can be utilized?” Discussion ensued that near-by property is not big enough to turn buses around. CM McClintock asked if the Council wished to continue to pursue parking for buses only? Discussion followed regarding the areas of

-         school soccer fields

-         seeking other alternatives

 

Staff will continue looking into the matter.

 

J.       Provide Direction to Staff on Bathrooms at City Hall

 

CM McClintock advised that Pat Garrett, Sr. has developed a sketch for a potential bathroom off Polk between Peters and the fire station. “He can make it fit and has made it handicapped accessible. My question to you: is it worth trying to pursue and get donations of approximately $7,000 for the rest rooms – we think Earthbound Farms may be interested in helping. Pat did great job and the lean-to design should reduce costs.  Kudos to Pat!!! This will provide four stalls, with one handicapped accessible,” she said.

 

Councilmember   Dias said, “We should run with it by getting blue prints done first.’

 

Councilmember Paradice simply said, “Go.”

 

CM McClintock promised to check with Earthbound Farms. Councilmembers told her to look to other options for funding as well.

 

Mayor Hill opened the public hearing.

 

Tony Bock told of the local workers who have been lined up for all volunteer labor. Mr. Bock suggested consideration of an electronic lock which could be set for opening and closing the structure at specific times.

 

BY CONSENSUS OF ALL COUNCILMEMBERS PRESENT (LAVERONE WAS ABSENT) STAFF WAS DIRECTED TO CONTINUE TO DEVELOP FUNDING SOURCES AND WORK WITH VOLUNTEERS FOR COMPLETION OF THE BUILDING.

 

K.    Approve Resolution 2007-11 Requesting CalTrans Either Remove the Traffic Signal at the Intersection of The Alameda and Highway 156 or Assume all Financial Responsibility for the Signal)

 

CM McClintock reminded, “When the City wanted to have the traffic signal installed at Highway 156 and the alameda, CalTrans said it was not essential and so required the City to pay for the signal in its entirety. CalTrans is now saying the signal is sufficient to eliminate all accidents and agrees there has been a substantial reduction of accidents.  If that is the case, the light is mandatory and CalTrans should assume all costs of operation.

 

Discussion ensued regarding current payment procedures. Councilmember Dias said, “We have to pay the bill when the bills come through.”

 

Mayor Hill opened, and then closed the public hearing as none in attendance indicated a wish to speak to the matter.  

 

CM McClintock indicted the City was within its rights to send a message to CalTrans, asking them to start paying. She repeat the concerns of safe routes to schools, and noted CalTrans’ non-response  to COG regarding safety improvements at The Alameda and 156, which were due to COG in August 2006.  CM McClintock further referenced Resolutions back to the 1980s, asking for reduction of speed limit through the area.

 

Councilmember Edge spoke on the speed limit and need for enforcement.

 

Mayor Hill opened, and then closed the public hearing as none in attendance indicated a wish to speak to the matter.  

 

Discussion ensued regarding the “best way to deal with CalTrans on this’. The ‘traffic camera issues study’ was also mentioned.  

 

Mayor Hill stressed the need to have CalTrans noticed on this important matter. Councilmember Dias expressed the belief that COG had not been of help as ‘CalTrans says that’s how it is’.

 

COUNCILMEMBER DIAS OFFERED RESOLUTION 2007-11 REQUESTING CALTRANS EITHER REMOVE THE TRAFFIC SIGNAL AT THE INTERSECTION OF THE ALAMEDA AND HIGHWAY 156 OR ASSUME ALL FINANCIAL RESPONSIBILITY FOR THE SIGNAL. COUNCILMEMBER   PARADICE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER EDGE, COUNCILMEMBER DIAS, COUNCILMEMBER HILL, COUNCILMEMBER PARADICE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER LAVERONE.

 

Discussion Items – Old Business:

Committee reports:

Public Works (Dias): no report

Library (Hill/Edge): currently closed due to personnel absences; volunteers trying to keep open.

Development and Historic Resources (Edge/Paradice):  no report

Budget/Finance/Economic Development: no report; meeting anticipated soon

Public Safety/Fire Department: no report – will work on motorcycle issue

Ad hoc committee reports:

Motorcycle rally: recommendation for disbandment due to cancellation of event

County Cooperative Agreement: no report

Growth Management Ordinance: no report

 

Discussion Items – New Business: None

 

Set Future Agenda Items and Status: Many in place on the agenda currently.   

 

Comments: Nothing further; discussion during meeting noted.

 

 

ON A MOTION BY COUNCILMEMBER PARADICE, SECONDED BY COUNCILMEMBER EDGE, AND CARRIED WITH THE UNANIMOUS (4-0-0-1) [LAVRONE WAS ABSENT]) VOTE OF ALL COUNCILMEMBERS PRESENT, MAYOR HILL ADJOURNED THE MEETING AT 9:05 P.M.

 

 

Recorded and transcribed by:                                                 Attest:

 

 

 

Judi Johnson                                                                           Trish Paetz, Deputy City Clerk