City of
CITY COUNCIL MEETING:
MINUTES
The meeting was CALLED TO ORDER at
ROLL CALL:
Council Members Present: Mayor Priscilla Hill; Vice-Mayor Dias, Councilmember Edge, and Councilmember Laverone.
Council Members Absent: Councilmember Paradice [who was excused on a motion by Councilmembers Laverone/Dias with all Councilmembers present voting in the affirmative.]
Staff Present: City Manager (CM) Jan McClintock, City Attorney (CA) George Thacher, City Planner (CP) Matthew Sundt, and Minutes Clerk Judi Johnson
Elected Officials present: City Clerk Shawna Serna; City Treasurer Paul Petersen
Staff Absent: Fire Chief Freels
ON A MOTION BY COUNCILMEMBER DIAS, SECONDED BY COUNCILMEMBER LAVERONE, THE
AGENDA WAS APPROVED (4-0-0-1) AS PRESENTED
WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
CEREMONIAL ITEMS
Farewell to City Clerk Shawna
Serna
Mayor Hill presented a plaque to Shawna Serna, who has resigned. All Councilmembers present joined with Mayor Hill in wishing Ms. Serna good luck in her new position, and also best wishes on her upcoming wedding.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Gail Sleznick addressed the Council, suggesting:
A. The council work to get the ‘agenda smaller’ as it has become unwieldy and overwhelms residents who might want to participate in the local government process.
B. In front of Anthony’s Antiques a broken lamppost and a ‘square piece of plywood’ set on top of a dip in the sidewalk, and this appears to be creating a hazard.
Joanna V Rodriquez expressed concern that there is no handicapped ramp at the Native Daughters Hall. Ms. Rodriquez explained she provides home care for Joe Colombia who needed to attend a recent meeting at the Hall. She went on to tell of the difficulty of gaining access with the wheelchair, reiterating her concerns.
Jolene Cosio agreed with the problems of the lamppost referenced earlier. Ms. Cosio went on to say that she hated to bother the Council with ‘little things’ as she called attention to issues regarding clean-up following installation by A & M plumbing. Ms. Cosio provided photographs of the untidiness left and declared her belief that the City should ensure the contractor to clean up the rubble. Ms. Cosio listed other items of concern with the project:
- renters shouldn’t have to move rocks left by workers
- A & M Plumbing should clean up
- complains of length of time for work in it’s entirety
With no others present to address matters not appearing on the agenda, the public hearing was closed.
Note: for the remainder of the agenda items, Mayor Hill opened public hearings. If no persons spoke to the matters, the public hearings were closed and will not be noted in the minutes. Speakers, and the contents of their messages, are so noted.
INFORMATIONAL ITEMS
1. Monthly Cash Report
2. Monthly Financial Statements CT Petersen called attention that on the May 30, 2007 Cash Report, Staff had inadvertently left out of the cash report a line of credit which is one-half million dollars. CT Petersen said the matter has been corrected with notice distributed into to all Councilmembers
3. Code Enforcement Report: position is vacant; it is anticipated that a report will be forthcoming next month
4. Fire Chief’s Report
5. Library Report
** Reports of the informational items were placed on file in the City offices.
PRESENTATIONS
1. Closed Session Report – City Attorney George Thacher: discussion with staff regarding real property negotiations; no specific direction provided
2. Donna Howe – 50th Anniversary of the Filming of Vertigo Festival: Ms. Howe was not present; however, announcement was made of the planned activities for the first weekend in October (5 - 7) tours, guest speakers, showings of movie, celebrities attendance, and some new filming, all of which the Councilmembers and Staff commented to be ‘very nice and a good event for the City’
3. Sheriff’s Report: Monthly Activity Deputy Mark Williams was present and detailed many of the 167 calls to which the officers had responded:
9 vehicle burglaries
2 household burglaries
5 evictions (ostensibly completed by
the
15 disturbance calls
2 missing person (juvenile runaways, who were found and returned)
Deputy Williams urged residents to call and report any suspicious activity, saying, “We would rather have you call in, and it can be an unpublicized call. If don’t want to be involved, just let us know when you call.”
Michael Ostrowski advised he had been wondering about the ‘Noise Ordinance’ as there are some new residents who are not aware of the problems with ‘bumping tunes’. Deputy Williams suggested a friendly talk with the residents, but again emphasized that such matters can easily be looked into. Mr. Ostrowski suggested these might be young people and may not know it is un-neighborly to bump tunes.
4. Public Works Report – Acting/Volunteer Public Works Director George Dias
Regarding the light pole on
(Acting Public Works Director) Councilmember Dias said he will discuss with Ms. Rodriquez the Native Daughter’s Hall and the handicapped accessibility.
(Acting Public Works Director) Councilmember Dias said he was unaware of the problems Ms. Cosio spoke to. He emphasized the need to tell Public Works directly through the complaints form. “Don’t wait,” he urged. (Acting Public Works Director) Councilmember Dias went on to explain the work being done, and why it had progressed slower then anticipated: A & M did the work as a ‘fill in’ job (between their other regularly scheduled projects) and as the work did progress on 7th street once they got into the drain, ‘it was bad, slow going’ but it is now finally fixed.
Responding further to issues raised by Ms. Cosio, (Acting Public Works Director) Councilmember Dias said one person had given permission for water use for the project.
5. Water Infrastructure Project Report – Project Manager Mark Davis
Consultant Mark Davis said he was pleased to say that the City had received ‘last week, the design and specs for the water treatment plant. Those specifications, he said, were sent to the Department of Health Services for review and to Bracewell Engineering for plant reviews and to the Regional Water Quality Control Board for review and informational purposes. “The only thing left, he said, “is the completion of the distribution systems and those contain some changes with agreement of Acting Public Works Director) Councilmember Dias, the City Engineer and myself which we finally finished in 45 days of working with PG&E for finalization.”
6. Reports by Public Officials:
- COG Work is commencing on Highway 25 and is set to begin on the 156 Flyover.
- LAFCO Nothing which is pertinent to San Juan Bautista
- Water Resources Association Councilmember Dias advised residents that there is personnel who will come to ‘your residence free of charge and do testing to tell you how to conserve water’. CM McClintock added that she is currently the Secretary of the WRA and in attending meetings, she has learned there is a lot of maintenance people don’t know they should be doing. She also echoed Councilmember Dias statements about the ‘free check up’.
- Revolving Loan: Has not met
- AMBAG: Councilmember Edge was not able to attend the last meeting; he also announced that the next meeting will be at Jardine’s and asked his alternate to attend.
- Integrated Waste Management: CA Thacher gave the report, saying the Waste Management RFP was ‘on the street’ with anticipated responses within the next 6 - 8 weeks
7. Highway 156 Report – Councilmember Dias: nothing further to report at this time.
8.
{public hearing} Michael Ostrowski said he was wondering where all the money for the projects, e.g., Specific Plan, Water and Wastewater Treatment Plants, was coming from? “In the newspaper, it says the City is ‘broke’; the HRB is gone and now we’re going to do these big projects. It scares me when you are talking about incorporating these projects. Do we really need to spend the dollars to do it?” Mr. Ostrowski asked.
CONSENT ITEMS
1. Approve Affidavit of Posting Agenda
2. Approve Affidavit of Posting Public Hearing Notice
3.
Approve
Minutes for
4.
Approve
Minutes for
5.
Approve
Minutes for
6. Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title
7. Approve Resolution 2007-17 Approving Street Closures
8.
Approve
Resolution 2007-18 for
9. Approve Month to Month Extension of Sheriff’s Contract Pending Negotiation of New Contract
COUNCILMEMBERS EDGE/ LAVERONE MOTINED APPROVAL OF THE CONSENT AGENDA AS
PRESENTED. THE MOTION PASSED (4-0-0-1)
AS PRESENTED WITH THE FOLLOWING VOTE:
AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL,
COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER
PARADICE.
ACTION ITEMS
1.
Consider
Whether to Fill City Clerk Vacancy by Appointment or Special Election, Pursuant
to Government Code Section 36512(b)
CM McClintock gave a brief
report, announcing the vacancy occurring
Responding to a question from Commissioner Dias, regarding a possible appointment, CM McClintock explained an ‘acting Clerk’.
COUNCILMEMBER DIAS MOTIONED TO APPOINT AN ACTING CLERK PENDING A
GENERAL ELECTION IN NOVEMBER, 2008, AND DIRECTING STAFF TO BEGIN SOLICITING
APPLICATIONS SO THAT INTERVIEWS COULD BE HAD BEFORE THE NEXT MEETING.
COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) BY THE FOLLOWING VOTE:
AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL,
COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER
PARADICE.
2.
Review
and Adopt City Council Budget Priorities for FY 2007-2008
CM McClintock reminded that at the May 26 public workshop, various fiscal priorities had been reviewed, with several new priorities set. CM McClintock’s presented her notes from the meeting and suggested adoption of the new priorities and spending plan.
Councilmember Edge said he had some slight disagreement with the figures and because he had not had the opportunity to generate a memo regarding differences in his notes and those of the City manager, suggested continuation of this item to the next meeting to provide time for more enhanced reflection of the fiscal matters for the City.
BY CONSENSUS, THE COUNCILMEMBERS PRESENT – WITH PARADICE ABSENT – DIRECTED THE MATTER OF CITY COUNCIL BUDGET PRIORITIES FOR FY 2007-2008 TO THE JULY 17, 2007 MEETING.
3.
Review
and Adopt Tentative City FY 2007-2008 Budget (Resolution 2007-19)
CM McClintock said the 2007-08 budget for the City was presented, and staff was asking the Council to conditionally approve it. “When the State budget becomes finalized, if there are no differences in the monies anticipated from the State, that’s OK, but we can’t have ratification until the State funds are known,” she said. .
Councilmember Laverone said that from his perspective of sitting on budget committee, the City is not at risk of going out of business. “We’re not in great shape, but we’re not going bankrupt – yet. We do need to be fiscally responsible and this budget is fiscally responsible,” Councilmember Laverone said.
“There are some things we could do better. The Fire Chief’s down to 15 volunteers; it used to be 30. Our current budget is less than one-third what it was five years ago. Most of our projects are special funded and not general funded.”
COUNCILMEMBER EDGE OFFERED RESOLUTION NO. 19, TENTATIVELY ADOPTING THE PREPARED CITY BUDGET FOR 2007-08. STRESSING THIS IS A TENTATIVE BUDGET, COUNCILMEMBER DIAS PROVIDED THE SECOND TO THE MOTION, WHICH PASSED (4-0-0-1) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
4.
Consider
Resolution 2007-20 for City FY 2006-2007 Budget Continuation Pending State of
CM McClintock advised that, pending the state government adopting the final budget for 2007-08, this measure will continue last year’s budget (2006-07) with the cuts made.
COUNCILMEMBER EDGE OFFERED RESOLUTION NO. 20, FOR CONTINUING THE CITY FY 2006-2007 BUDGET PENDING THE STATE OF CALIFORNIA APPROVAL OF THE FY 2007-2008 BUDGET. COUNCILMEMBER LAVERONE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
5.
Discussion
and Consider Taking Action on Outstanding Monies and Reports Due to City from
Chamber of Commerce for Event Year 2006
CM McClintock explained she had worked with the Chamber on the Peddler’s Faire fee, and that the Chamber Treasurer - Denise Verhoeven - had come by City Hall; but to date, the fee schedule (and agreement) had not been resolved. The City was clear, CM McClintock said that the Chamber had not been able to maintain payment schedule. CM McClintock pointed out the incorrect fee collection: $15 per day – with the Chamber charging $15 for the whole event), Neither had the Chamber been billed for services provided by Public Works employees, and since it was just ten days from the end of the fiscal year, staff needed direction on what to do.
Councilmember Dias said that since the amount owned is in ‘limbo’, he would be willing to work with the Chamber since they have shown good faith in working with the City this old bill. “The question,” he said, “is what to do for future events: demand cash in advance or collect cash at end of the day. We must get this settled.”
Mayor Hill asked if there was a number to be worked with for the end of year? “We must have some number,” she said. CM McClintock said there are ‘rough numbers’ available and we can approximate what was owed plus the amount for public works (which she described as ‘minimal’: about 5 hours per event).
Councilmember Edge commented that it sounds ‘OK’ as the Chamber has been going through changes, and the leadership is still trying to work things out and get it straighten out with the City. Council-member Edge asked for clarification of events, which were explained to be an Arts & Crafts event and the flea market. Councilmember Edge declared that because the Chamber members were making an effort, the City should work with them. CM McClintock advised that the estimate of the cost to be about $2,600 as ‘we are looking at 50 vendors X $15 per day plus Public Works costs.
Councilmember Dias remarked he liked what Mayor Hill said: get a firm estimate so the City could close the year-end books.
CM McClintock said that in discussions with Chamber representatives, they play on having vendors pay in advance the $15 per day for the flea markets, but the Chicken Festival will not require advance payment. Discussion followed regarding the calendared events.
Responding to a question from Councilmember Dias – who insisted ‘we must get this worked out’, CM McClintock said the last payment had been received in December, 2006 with nothing forthcoming since then.
Councilmember Laverone said, “I don’t think this will be a ‘catch up’ and I think we need to give the City Manager direction to do a settlement then start from scratch and go forward. I’d like to see a plan by the July meeting.” Councilmember Laverone cautioned, “We can’t be too worried about the full amount.”
COUNCILMEMBERS LAVERONE/DIAS MOTIONED TO DIRECT STAFF TO WORK WITH CHAMBER OF COMMERCE REPRESENTATIVES IN ASCERTAINING A REASONABLE SETTLEMENT WITH FIRM COLLECTION DATES. THE MOTION PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
6.
Consider
Resolution 2007-21 Adopting MOU for Participation in County-wide GIS Project
CM McClintock gave an overview of the Geographic Information System (GIS) effort by Cities, the County, Water Districts, and the County Department of Education. “The reason this is important is that we are behind,” she said. “The County intends seeking a grant and the majority of monies through grant will go through an MOU to go ahead with the system.” CM McClintock explained that San Juan Bautista had been working with AMBAG and the cost for the new very small as she asked for approval of the MOU. CM McClintock noted that without grants, the annual cost could be increased. “However, with possibly more joining in, as they realize the value of the system, there may actually be the possibility of cost reduction. Any agency joining in the future, will have to pay an initial upfront cost to join paying a fair share of initial cost. The value,” CM McClintock said, “is being to manage the entire City with GIS as it is a way for the City to manage land mass.”
Councilmembers asked questions of staff regarding:
- license to use [necessary to buy one piece of software specific to the City needs; all others jointly owned]
- parcel based system [so entry possible at Auditor’s office]
- inclusion of water and sewer lines possible with layering with software
- availability of aerial layover [AMBAG will do and cost back to City]
- other options will be available
- information housed by County [San Juan Bautista to be remotely connected]
- some data public; certain information considered private
Councilmember Laverone spoke on
knowledge he has of
COUNCILMEMBER LAVERONE OFFERED RESOLUTION NO. 2007-21, APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE COUNTY, OTHER CITIES, AND VARIOUS AGENCIES, FOR THE GEOGRAPHIC INFORMATION SYSTEM (GIS), AND AUTHORIZING THE MAYOR TO SIGN SAID MOU. COUNCILMEMBER DIAS SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
7.
Public
Hearing: Adopt Ordinance 2007-15 Amending and Adding Certain Sections of
Chapter 7-6, 7-8, and 10-2 of the Municipal Code Regarding Undergrounding of
Utilities, Encroachments for the Purpose of Undergrounding, and Restoration of Streets
Following Undergrounding
CM McClintock reminded that this measure was introduced last month with this being the second reading and adoption.
{public hearing} Tony Boch questioned whether there was provision in the Ordinance of a bonding figure for repair of the street. CM McClintock responded that there was not ‘set a particular bonding as we can’t set one as the impact might be small or affect a larger area’.
Mr. Boch declared there must be a
method for establishing a bonding figure, and gave as example the holes on
Mr. Boch continued with concerns of past practice in the town, including installations for the City completed by private enterprise employers, who ‘left town’ and problems resulted.
Considerable discussion ensued regarding the fact that any bond requirement in the Ordinance would possibly be negated by the liability for an Encroachment Permit. CM McClintock said if the Council directed, she was willing to adjust the language, but not to a ‘fixed amount’, suggesting instead, a percentage of the job cost.
Mr. Boch said the City should ask for a minimum of $5,000 as he told of past work and those concerns. {closed}
Councilmember Laverone asked if the proposed Resolution could be adopted then have the suggested changes incorporated? CA Thacher said the matter could be returned with another Resolution. Councilmember Laverone asked about a survey of other communities and suggested having that information would be beneficial.
COUNCILMEMBER LAVERONE MOTIONED TO APPROVE ORDINANACE 2007-15, AS PRESENTED, AND TO DIRECT STAFF TO RETURN WITH RESEARCH AND RECOMMENDATION FOR DETERMINATION AND CLOSURE OF THE ISSUES RAISED DURING THE PUBLIC HEARING. COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
8.
Public
Hearing: Adopt Ordinance 2007-XX Amending Title 11, Chapter 11.10 Signs
CM McClintock reminded this matter had been previously discussed, with direction to staff to revise the working in the ‘Open House’ section and return the matter to the Planning Commission for clarification.
CA Thacher advised the proposed Ordinance speaks to the entire City area and suggested ‘strike residential districts’ to put the language in keeping with the City Code.
COUNCILMEMBER LAVERONE MOTIONED TO INTRODUCE ORDINANCE 2007-15 WITH THE
RECOMMENDED CHANGE. COUNCILMEMBER DIAS SECONDED THE MOTION, NOTING THE ADVICE
OF THE CITY ATTORNEY. THE MOTION CARRIED
(4-0-0-1) WITH THE FOLLOWING
VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER
EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE;
ABSENT: COUNCILMEMBER PARADICE.
9.
Accept
Annual Traffic Engineering Study
CM McClintock reported that as a result of radar checks on City streets the City Council selected a Consultant for the study to be completed for 2006-07. That Consultant, she said, raised some serious concerns in their findings and made several suggested recommendations. CM McClintock read from the Engineer’s report those recommendations.
COUNCILMEMBERS DIAS/LAVERONE MOTIONED TO ACCEPT THE ANNUAL TRAFFIC ENGINEERING STUDY AS PRESENTED. THE MOTION PASSED (4-0-0-1) WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
10. Consider Setting Policy for Encouraging Water Conservation During Hot Periods Pending Completion of the Water Treatment Plant
CM McClintock presented the staff report, saying, “Based on the fact this is projected to be a very dry summer, Councilmember Dias put together a recommendation for volunteer water conservancy in an effort to lessen further restrictions.” Councilmember Dias said, “The town’s well is keeping up at this point, if we experience a lowered water table, there may be a problem.” He continued by saying that during hot spells between the well and the reservoir, at peak hours Public Works employees had noted the well was losing over a foot an hour. “We are keeping up with no problem, but our concern is that if the combination of hot weather and prime use hits, we need to keep people aware that there is up to 60% loss through watering lawns and using a lot of water inside their houses.”
{public hearing} Ms. McGovern spoke at length on the matter, saying it was possible that, because of actions by the state, all areas may well be under water rationing. She concluded by saying she found it amusing this item was on the agenda as it appeared to be something different: how residents could manage/survive water rationing with San Justo Reservoir so low it could be anticipated to dry up. “Then how will that affect our water treatment plant, with no water to go through it?” she asked.
Councilmember Dias stressed the issue was not amusing. “We want people to get into water conservation voluntarily but we may not have a choice if there is a major drought,” he said. {closed}
Councilmember Laverone said he thought just the summer season was too short to emphasize volunteer water conservation and would like to see it made permanent until normal rainfall returns.
CM McClintock said consideration at this time would be on a voluntary basis with no penalty. “When/if it becomes mandatory, then we would need a policy. I suggest next month you instutionalize this policy – and it probably needs to begin in May – and probably conclude in December. This will start putting ideas together,” she said. Councilmember Dias said the City could start voluntarily making education available.
CM McClintock emphasized, “What
we do not want to do is make this mandatory, but strictly keep it this voluntary. Councilmember Dias agreed,
saying, “Let’s start voluntary and as we get used to the program we can assess
it as we go along.” Discussion determined that it would require Council action
to make a program mandatory. BY
CONSENSUS, THE COUNCILMEMBERS PRESENT – WITH PARADICE ABSENT – GAVE DIRECTION
TO STAFF TO PREPARE INFORMATION FOR THE PUBLIC REGARDING THE BENEFITS OF
VOLUNTARY WATER CONSERVATION.
At this time the order of the agenda was altered to permit hearing item
#20: Consider Appeal of Planning
Commission Decision of 957 First Street: Masonry Fence
20. Consider Appeal of Planning Commission Decision of
CP Sundt gave the staff report noting this was an appeal of the Planning Commission decision denying the applicant to construct masonry fence along the perimeter of their property. CP Sundt explained
that the property has an agricultural zoning and that
CEQA exemptions apply because of that zoning. In the report, it was noted that
the applicant owns a 16-acre ag parcel within the City limits at
CP Sundt then provided the project , including the existing chain link fence, while stressing there is not a mechanism under current code to prohibit the request for the masonry fence. “However, in considering what is best for the applicant and the property owner, staff decided to ‘air the matter in public venue’,” he said. CP Sundt highlighted the current conditions, and some of the proposed changes: chain link fencing, landscaping – mostly healthy – with a proposed mix of landscaping trees common in this region: olive, pepper tree plus grasses to line ground area and fill in under trees. The existing condition: has revealed that ag has an on-going presence and that there was misidentification in a prior historical study. CP Sundt told the history of the house (family name of Abby – one of oldest homes in City, circa 1863)which had inadvertently been left out the Historic inventory of the City (CP Sundt indicated this will be fixed on clean up).
CP Sundt went on to review the HRB concerns: color, height, lighting issues, height of fence,
adequate space for City road/right of way/gutter (information distributed at the meeting to Councilmembers). He also stated that the HRB requested further information before they decided on a position, but asked it be sent to the Planning Commission. A Planning Commission concern, he said, was that the fence appeared to be blocking a easement (staking of the proposed fence placement was discussed) but CP Sundt insisted, there would not be blockage of an easement. “Even at a minimum the fence would not block an easement and would not block ingress,” CP Sundt said. Furthermore, the Planning Commission thought the proposed wall too high and that the wall would be blocking views of distant hills. The Planning Commission, CP Sundt said, thought same restriction as applicable to R-1 and R-2 would be possible, limiting the wall to three feet. The property owner had been requested to stake and flag at the location, CP Sundt said, and went on to explain the location of the staking in correlation to the location of the neighbors. “Bottom line,” CP Sundt said, “ the location of fence would not block any easements and the farthest away fence would be tied into the chain-link fencing at a water pump [Councilmember Laverone clarified it was not a water pump but a gas reduction line].”
CP Sundt stressed the important issues and told what the applicant is proposing is ultimately a decision of the Council. He said masonry walls are part of the cultural and landscape in this community and have been since the Spaniards showed up. CP Sundt also acknowledged that: “This is a high visibility location. A gateway approach to the City and this would be obvious change in the landscape if approved.” He noted that the staff report gives other examples in community of masonry fencing. CP Sundt further advised that the applicant hasn’t selected a fence color but thought it would be a light earthy color. The City Engineer has reviewed the proposal and spoken to the travel lanes, bike lane, and gutter. CP Sundt said. Further, he advised, the fence would be placed seven feet from the property line providing 9.5 feet for landscaping. “The City Council makes the decision on the sidewalk which may differ from the schematic presented and may not necessarily run the length of the property line,” CP Sundt said. “In fact, we are recommending applicant construct an elevated all-weather sidewalk. He also said that as to the easement of the adjacent property the owner of that property can have continue to have the easement respected with the conditions listed, if the request is approved.
Other issues addressed by CP Sundt included:
- lighting: applicant proposed waist high lighting and Dark Sky Ordinance requirements must be met
- the Abby house is a historical home which has been upgraded and modified but not changed in size or scope
- installation of a masonry fence will not destroy viability of the vision scape
- portions of the existing chain link fencing will be retained
- proposed fence will not change, upset, nor destroy the integrity of the historic residence
- staff report includes attachments 1 – 5 of a history project notating the HRB concerns
- staff made indicates support for the project
- if not a masonry fence, then a chain link fence at the gateway
- conditions 1 – 8 (for approval) were detailed
Sharon McElhone, representing the applicant (their daughter and also works for them) presented a narrated slide show (also distributed as a handout) with explanation of the project. Pertinent points, Ms. McElhone said, are:
-
comparative
masonry fence at
- Engineer Matt Kelley did the surveying and original staking delineated the easement
- difficulty of maintaining chain-link fence
- chain link fence unattractive
- easement currently used for overflow parking no once can get in/out always blocked with cars
- easement not accessible to both neighbors
- tree variety open/ native trees to area
- esthetically pleasing fence
- lighting understand requirement agreeable to parking within requirement respect Ordinance of town
- construction company has been in business 40 years do incredible work
- professional and high quality
- respectful request approve project
{public hearing} Speakers with concerns/issues listed on attachment 1
Following closure of the public hearing, Ms. McElhone spoke again, reiterating a conversation with ‘Rosa and Robert’ whereby an agreement was reached to ‘do a picket fence and also build driveway at our expense so a wall would not be an issue or inconvenience. “All the Town will be invited to come in and see what is inside the fence – we not unwelcoming not trying to hide anything,” she said.
CP Sundt City read from the Code book the definition of a fence. “We are being strictly technical by the book,” he said. He also doubted that graffiti would be a problem as the ‘applicant is serious about nice and would get on any graffiti quick’. “I’m happy to hear about the easement issue from the applicant,” CP Sundt said.
Councilmembers discussed:
- easement in relation to fencing
- frequency of columns placement [CP Sundt said the applicant is willing to go with what the Council says; could be no columns]
- why 8- foot fence? [CP Sundt said 6-feet easy to jump applicant concerned with privacy and better security - less probability of people going over]
- need for still another Ordinance clean up
- other types of fence
- why fence 16 acres (confused, don’t understand)
- 8-foot fence with columns unsightly gateway
- potential of another driveway at north end of property
- concerns of fence adjacent to City
- PG&E reduction valve and easement not addressed
- other gateway areas with chain link: school, etc
-
showed beautiful fencing (in
- high fence decreases security and visibility for emergency personnel
- perception of ‘bad neighbor’ with 8-feet fence in this community
- wall is inconsistent with residential fencing, which will continue to grow toward the site
- clarification of the location of the neighbor’s driveway
CM McClintock reminded that the way the Ordinance is written today, the City has limitations in residential, but no limitations on ag. “If you deny this appeal, you must think of what you can tell applicant for alternatives,” she said.
The applicant denied this was an attempt to move the construction and landscaping company to the site.
CP Sundt advised that the findings are subject to 3-feet tall fences are not an appropriate basis for denial of this request. “You can’t select randomly from the Zoning Ordinance,” he informed and explained that the standards must be applied: so as long as the property is zoned ag, they are subject to that zoning, if the City wants to change zoning code, then the Council should direct Staff to prepare changes.
Councilmember Laverone clarified a response from CP Sundt to the comment from Cara Vonk regarding section 11.06.090.83 of the City’s Code for Historic Resource.
CA Thacher clarified that a decision for a design review permit by the Council couldn’t be deny on the basis of only 8-feet high fencing; however, they could consider if it was too high, too large, too massive without being specific as to residential fence heights. Considerable discussion followed regarding
balance with the neighborhood.
COUNCILMEMBER EDGE MOTIONED TO DENY THE APPEAL ON THE BASIS THAT THE
FENCE AS PRESENTED IS MASSING AND NOT COMPATIBLE WITH OTHER FENCES IN
NEIGHBORHOOD AND THIS IS A GATEWAY, NOT COMPATIBLE WITH OTHER GATEWAYS TO THE
CITY. COUNCILMEMBER DIAS SECONDED THE MOTION,
THE MOTION PASSED (4-0-0-1)
WITH THE FOLLOWING VOTE: AYES:
COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER
LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
CM McClintock inquired if the Council wanted to provide direction to staff as to how to address the current code. BY CONSENSUS THE COUNCILMEMBERS GAVE DIRECTION STAFF TO RETURN TO THE AUGUST MEETING CHANGES RECOMMENDED BY THE PLANNING COMMISSION FOR NEW LANGUAGE.
The regular order of the agenda was resumed.
11. Consider
Resolution 2007-XX Setting Rates for Chair, Table, Trash Can, and Cone Rentals
CM McClintock asked for direction and inquired if the prepared resolution could be passed for rental of City equipment that the public used, but did not return or returned damaged. She explained the cost to the City for wear and tear and presented a proposed rate schedule.
COUNCILMEMBER DIAS OFFERED RESOLUTION NO. 2007-XX SETTING RATES FOR
CHAIR, TABLE, TRASH CAN, AND CONE RENTALS. COUNCILMEMBER LAVERONE SECONDED THE
MOTION, SUGGESTING THAT ON
12. Consider
Supporting League of California Cities Proposal Requesting Full Funding of the
$1 Billion in Proposition 1B for Cities in the 2007-2008 State Budget
CM McClintock advised that correspondence from the CA League of Cities addressed the issue of bonds and urged the City to write to Legislators to assist in having the funds made available timely.
COUNCILMEMBERS EDGE/ LAVERONE MOTIONED TO DIRECT STAFF TO COMPOSE AND
SEND A LETTER, SIGNED BY THE MAYOR AND REQUESTING FULL FUNDING OF THE $1
BILLION IN PROPOSITION 1B FOR CITIES IN THE 2007-2008 STATE BUDGET, TO STATE
SENATOR JEFF DENHAMAS RECOMMENDED BY THE CA LEAGUE OF CITIES. THE MOTION PASSED (4-0-0-1) WITH THE FOLLOWING VOTE:
AYES: COUNCILMEMBER DIAS,
COUNCIL-MEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE;
ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
13. Consider
Whether to Continue City Annual Clean Sweep Day
CM McClintock listed the problems the City might experience in sponsoring this event, many of which were due to staff cuts and budget cuts. Councilmembers expressed concern that the service might be cut, but stated recognition of the problems involved, e.g., cost of personnel, illegal dumping, etc.
CM McClintock advised of the County’s Hazardous Waste Disposal Day. She responded to inquires regarding the availability of the current waste hauler for assistance {very minimal}.
Following in-depth discussion, THE COUNCIL, BY CONSENSUS, DIRECTED STAFF
TO OBTAIN PRICES FOR A HAULING SERVICE AND REPORT BACK NEXT MONTH FOR A
POSSIBLE FALL DATE for the ANNUAL CLEAN SWEEP.
14. Introduction
of Changes to Section 7-1-525 of Standing, Stopping and Parking Ordinance
(skateboards on sidewalk)
CM McClintock reported an Ordinance update had been provided by the City Attorney following receipt of numerous complaints of ‘kids on the streets and sidewalks’ with this being the addition of two words {‘on sidewalk’ }to the Ordinance.
Councilmember discussed the matter with staff at length regarding:
- limiting the proposed language to the Historic District and mixed use areas.
- so change roadway in historic core>>recognized historic downtown district
- ranking streets noted for high use by the skateboarders
- misdemeanor violation already in place in CA law; this may non-enforceable
- past Boy Scout practice, which was successful
- Ordinance in other locations (CA Tacher)
- sidewalks to Windmill Market difficult navigate because of narrowness
- within exiting law there are ways to achieve goal (Councilmember Laverone )
- not best idea at this time
- need to do something and keep ‘smart mouthed’ people on main street
- need to look for better remedies
- need for action
AT THE SUGGESTION OF CA THACHER, MAYOR HILL DIRECTED THE ISSUE CONTINUED
TO THE JULY MEETING.
15. Report
on Options for Additional Parking and Parking Meters, Including One-Way Streets
CM McClintock noted the Council had asked staff to look into resolution of the issue with concerns that employees may be using primary spots in downtown. She advised that in checking it had been ascertained that approximately 38 more spaces could be gained with diagonal parking and one-way streets. CM McClintock advised that investigation of parking along 2nd, 3rd, and Mariposa Streets had revealed alternative parking for employees could be suggested to business owners. “Also, we have checked on parking meters and discovered many different types – staff feels the parking issue would be alleviated by redirection and restripping.
{public hearing} Ms. McGovern
objected strongly to parking meters. “I think if we not careful we will meter
ourselves out into the farmland . I just object strongly to meters in this
Staff from the A representative from State Parks was
present to provide the following thoughts on the matter:
- photo ops are constantly sought
- safety issues with visiting school children, accompanied by numerous adults get off bus on 2nd where it is now safe
- if diagonal parking (illegal) children would have to walk between parked cars to lawn then same again on return
- don’t think City wants to consider: Plaza lawn to City Hotel route for pedestrians
- safety concerns – many facets
- consider all options: not only esthetics
Maggie Bilich spoke ‘against
parking meters’ telling Councilmembers she works at the
Joleen Cosio observed there would be enforcement problems. “The City can’t enforcement the
traffic now and if one-way streets and perpendicular parking is set up,
enforcement would be even more difficult. I would not be opposed on
Gail Sleznick gave a dissertation
on the need of visual persons, i.e., artists, to see the visual look of town. “We want people to
come to Town but we do not provide good bathrooms. You have talked of lessening
garbage bins and now parking meters. Meters make me mad. I don’t often go to a
store if I have to be concerned about feeding meters,” she said. Continuing,
Ms. Sleznick spoke of the one-way streets and if parking were altered, many
would by-pass the
Fire Chief Freels had joined the meeting and asked to comment on the issue. He discussed the matter and emphasized the importance of rapidly moving fire trucks.
Following further discussion,
Councilmember Dias suggested a town hall meeting on parking and traffic would be
appropriate. Other Councilmembers agreed, and BY
CONSENSUS OF ALL COUNCILMEMBERS PRESENT – WITH PARADICE ABSENT, CM MCCLINTOCK
WAS DIRECTED TO SET A SEPARATE WORKSHOP FOR SEPTEMBER, 2007.
16. Consider
Resolution 2007-22 Authorizing an Agreement to Reimburse Mr. Ted Stephens for
Costs Incurred for Preparation of a Fiscal Analysis Prepared by the
CP Sundt noted that following the April 17 meeting, staff had been directed to bring back to the City Council a property tax agreement with the County. Staff for the County has said they will require a fiscal analysis (which would be of benefit to the City for other issues), so the City ‘piggy backed’ off the County consultant for the agreement details. Now, CP Sundt advised, Ted Stevens has indicated willingness to pay $18,000 as part of the multiple components: services to San Juan Bautista and services for Stevens’ portion. CP Sundt acknowledged the Resolution being specific as to dollar amounts (4th whereas) which will be determined by City staff in conjunction with Ted Stevens, with the
City staff and Mr. Stevens setting a formula to be negotiated. “This is all about $18000 and who does what,” CP Sundt advised.
CM McClintock explained the necessity of having future applicant put up monies for action, in effect,
paying back expenses from applicants doing annexations. “If there is excess payment made,” she said, “those monies will be put into a trust fund so the funding perpetuates. We must have this mechanism in place for annexations.”
{public hearing}Mr. Ostrowski asked for further clarification of the issues, which CM McClintock addressed. {closed}
CM McClintock stressed this matter was not about the Stevens annexation - ‘ just finding way to pay for annexations which could include the Stevens property in the future’; however, no one could do anything without this study and Mr. Stevens has indicated willingness to participate monetarily with up-front money.
Councilmember Laverone emphasized he wanted to be clear: Stevens will up-front the money and receive pay back over time; so others who want to annex (no time limit indicated) will put money into the Stevens pay back account.
COUNCILMEMBER DIAS OFFERED
RESOLUTION NO. 2007-22, AUTHORIZING REIMBURSEMENT TO THE
17. Consider
Resolution 2007-23 Authorizing Reimbursement to the
CP Sundt advised that annexations must be paid for paid up front and a determined cost was found to be $7,500.
{public hearing} Ms. Cosio said that since currently annexations gain the City nothing the Council should be placing more emphasis on businesses and let developers pay fees.{closed}
Following discussion, COUNCILMEMBER LAVERONE OFFERED RESOLUTION
2007-23 RESOLUTION 2007-23 AUTHORIZING REIMBURSEMENT TO THE COUNTY OF SAN
BENITO IN THE AMOUNT OF $7,500 REPRESENTING HALF THE COST TO PREPARE A MASTER
REVENUE SHARING AGREEMENT FOR FUTURE ANNEXATIONS BETWEEN THE CITY AND THE
COUNTY AND AUTHORIZE MAYOR TO SIGN REPAYMENT AGREEMENT, WITH THE FOLLOWING
MODIFICATION: $50 $150 PER ACRE. COMMISSIONER DIAS SECONDED THE MOTION,
WHCH PASSED (4-0-0-1) WITH THE
FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT:
COUNCILMEMBER PARADICE.
18. Consider
Resolution 2007-24 Authorizing San Benito LAFCO to Amend the San Juan Bautista
Sphere of Influence Boundary Line
CP Sundt reported this matter has to do the City’s Sphere of Influence which showed a ‘split’ in the South San Juan Specific Plan. CM McClintock explained a straight line was drawn as the Sphere, with property lines not being considered. LAFCo appears to have done several of these and they need to be fixed.
{public hearing} Ms. McGovern said that in 1983 or 1984 LAFCo decided to restrict the Sphere as it was unmanageable and they were correct. Many tried to fight the LAFCO action, which turned out to be a good thing, except for annexations like Stevens, who comes in every 4 or 5t years to get permission to build on a hillside. “It’s a damn shame there is no concern about the integrity of the Town,” Ms. McGovern said. {closed}
COUNCILMEMBER DIAS OFFERED RESOLUTION NO. 2007-24 AUTHORIZING
APPLICATION TO
19. Public
Hearing: Adopt Ordinance 2007-16 Adding Chapter 5-8 to the Municipal Code
Establishing Certain Property Maintenance Standards
CM McClintock noted discussion last month regarding introduction of an ordinance dealing with property maintenance and allowing the City to take action on properties of ‘demolition by neglect’ prior to those properties becoming serious safety health and safety issues while encourages people to clean up their properties.
COUNCILMEMBER LAVERONE MOTIONED TO ADOPT ORDINANCE 2007-16 ADDING CHAPTER
5-8 TO THE MUNICIPAL CODE ESTABLISHING CERTAIN PROPERTY MAINTENANCE STANDARDS
WITH COUNCILMEMBER EDGE PROVIDING THE SECOND.
Under discussion, Councilmembers
spoke to the issue of keeping livestock, which CA Thacher indicated might be
redundant and so that reference was removed. Thus, COUNCILMEMBER LAVERONE AMENDED THE MOTION FOR THE DELETION AND
SUBSEQUENT RENUMBERING. COUNCILMEMBER EDGE AGREED TO THE AMENDMENT.
Further discussion centered on paint requirements and littering issues.
THE MOTION PASSED (4-0-0-1)
WITH THE FOLLOWING VOTE: AYES: COUNCIL-MEMBER DIAS, COUNCIL-MEMBER EDGE,
COUNCILMEMBER HILL, COUNCIL-MEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT:
COUNCILMEMBER PARADICE
21. Consider
Resolution 2007-25 Approving a Negative Declaration for Proposed Ballot
Initiative to
Bring the City of
Mandates
CM McClintock told of being in negotiations with Community Housing and Development regarding violations. “We have worked with them to come up with proposed modification to voters and are going forward. The action requested tonight would approve the 'neg dec’ and will be moving to the ballot initiative next month,” she said.
{public hearing} Ms. McGovern spoke at length on the CEQA process and EIR formulation.
Mr. Ostrowski warned of the need to ‘be careful of this’ and expressed concerns of ‘marching off in the wrong direction’. {closed}
CA Thacher called attention to a series of comments in the agenda packet, most of which indicated objection to the City putting on the issues on the ballot. He stressed the City is the lead agency and the
Planning Department prepared the initial study and the neg dec. “There is no requirement to have that reviewed by the Planning Commission and now to it is up to the City Council to take action,” CA Thacher declared.
COUNCILMEMBER DIAS OFFERED RESOLUTION 2007-25 APPROVING A NEGATIVE
DECLARATION FOR PROPOSED BALLOT INITIATIVE TO BRING THE CITY OF
22. Consider
Options for Staffing the Historic Resource Board Including Moving Forward with
Adoption of the Ordinance 2007-XX Amending the Historic Resources Ordinance
and/or Disbanding the Separate Body and Returning the Functions to the Planning
Commission as a Five Member Board.
CM McClintock reported this proposed ordinance change was recommended by Andréa Galvan and would result in having two additional persons on the planning commission with full voting rights. She said staff has been working with SHIPPO regarding the matter.
{public hearing} those speaking to the issue were:
- Ms. McGovern who objected to disbanding the HRB
- Michael Ostrowski said he believe it not prudent to eliminate the HRB
- Wanda Guibert who questioned the current fiscal obligations [CM McClintock: HRB now about $18,000; previously $24,000] Ms. Guibert also addressed the need for a ‘watchdog
- Maggie Bilich said the HRB was needed to retain the quaintness of the Town
{closed}
CM McClintock explained SHIPPO’s role in the whole issue
Following lack of a motion regarding the matter, CA Thacher was directed to continue researching the issues and provide future guidance.
23. Discussion
of CLG Grant Request
CM McClintock advised information had been received from SHIPPO [not in writing (a letter delivered this date) indicated that agency was moving toward the National Registry only and may not support reorganization. Labor matches would no longer be permitted and the grant would be half funded because of increased requests.
{public hearing} Ms. Guibert asked for clarification regarding the grant reduction. CM McClintock said the amount was less than half that applied for with many strings attached.
Ms. McGovern said if the State HRB dumps the HRB in San Juan Bautista, there will be no more of anything from them. CM McClintock advised the State said they continue support any way possible, but removal of CLG status was uncertain. {closed}
Councilmember Dias commented he is tired of the HRB each year asking for matching funds and ‘what get is more inventory but we do not get any buildings fixed.
COUNCILMEMBER LAVERONE MOTIONED TO WITHDRAW APPLICATION THIS YEAR AND
APPLY IN FUTURE FOR THIS GRANT AS EXISTS NOW DOES NOT PROVIDE ENOUGH MONEY TO COMPLETE
THE PROCESS. Suggesting an ability to negotiate, COUNCILMEMBER EDGE SECONDED THE MOTION.
CM McClintock advised staff has been trying to get through to National Parks regarding negotiations.
THE MOTION PASSED (4-0-0-1)
WITH THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS, COUNCIL-MEMBER EDGE,
COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT:
COUNCILMEMBER PARADICE.
24. Review
Action by Planning Commission and Planning Commission Historic Resources Board on Renovations
to Community Center
CM McClintock updated on the meeting held the previous night, which was a joint meeting of the HRB and Planning Commission during which 19 conditions were formulated, those being neither innocuous nor providing increased costs.
Councilmember Laverone elicited
chuckles when he called attention to
items 9, 10, 12, and 13, asking ‘ why’ and noting those fixtures had never
been replaced in his lifetime. Councilmember
Laverone asked, “ Why do we need to preserve them; they are only 20-30-40 years
old, not historic.”
BY CONSENSUS, THE COUNCILMEMBERS AGREED THAT WHEN THE BLUEPRINTS ARE RE-DRAWN,
AND PERUSED BY THE BUILDING INSPECTOR, THE ITEMS COULD BE BID SIMULTANEOUSLY.
Discussion Items – Old Business
1. Report on Cable Franchise Renewal Activities still waiting to hear from Charter
2. Report on RFP for Public Works in the works
3. Committee Reports and Provide Future Direction by the Full City Council
4. Public Works
5. Parks/Recreation/Library
6. Development and Historic
7. Budget/Finance/Economic Development
8.
8. Public
Safety/Fire Department working on new
contract favorable to County and City and Councilmember Edge and CM
McClintock and Commissioner Laverone
reviewing with
Sheriff next week
9. Ad Hoc:
10. Ad Hoc: State Parks Committee
11. Ad Hoc
Discussion Items – New Business
A. Presentation of Survey Results of Bus Companies and School Groups
CM McClintock reported on the survey recently conducted, which had produced good viable results form tour bus operators and teachers visiting the area. She suggested the Economic Development
committee work with an ad hoc commission to look at the comments to consider future actions.
B. Proposal to Place Agricultural Farm Equipment Exhibit on Library Lawn
Councilmember Dias told of a ‘couple people interested giving farm equipment to the City’ and asked for consideration of a plaque at the library recognizing the donors. He plans to provide more information at the July meeting.
Comments
A. City Council: concern of length of the meeting; may look into 2 meetings per month; more items may be put on a Consent Agenda
B. City Manager: Arts and Crafts festival upcoming during the weekend
C. City Attorney
Adjournment:
COUNCILMEMBER LAVERONE MOTIONED TO ADJOURN THE MEETING AT
COUNCILMEMBER EDGE SECONDED THE MOTION, WHICH PASSED (4-0-0-1) BY THE FOLLOWING VOTE: AYES: COUNCILMEMBER DIAS COUNCILMEMBER EDGE, COUNCILMEMBER HILL, COUNCILMEMBER LAVERONE; NOES: NONE; ABSTAIN: NONE; ABSENT: COUNCILMEMBER PARADICE.
Recorded and transcribed by: Attest:
Judi Johnson Trish
Paetz, Deputy City Clerk