Regular Session Meeting Minutes

of the

SAN JUAN BAUTISTA

CITY COUNCIL

Tuesday, January 15, 2008

 

CALL TO ORDER:  Following a study session at 5:00 p.m., as posted on the meeting agenda, the regular session of the San Juan Bautista City Council was called to order at 6:00 p.m. by Mayor George Dias.

 

PLEDGE OF ALLEGIANCE:  Mayor Dias led the Pledge of Allegiance. 

 

ROLL CALL:   Council Members Present: Mayor George Dias, Council Members Priscilla Hill, Ed Laverone, and Robert Paradice

           

Council Members Absent: Vice-Mayor Rick Edge

 

Staff Present:  City Manager Jan McClintock; City Attorney Thacher; City Planner Matthew Sundt; Acting City Treasurer, Linda McIntyre; Fire Chief Scott Freels; Project Manager Mark Davis;  and Minutes Clerk Laura Wiener-Smolka.

 

Elected Officials Present: Linda McIntyre, City Treasurer; Trish Paetz, City Clerk

 

Members of the Public Signing in as Present: Cara Vonk, Tony Boch.

 

1.        Approval of the Agenda                                                                     

President Diaz requested that Agenda item 8.a.,  regarding the Mission View Estates, Lang Street lift station, be postponed to a future meeting, as the City is still investigating the matter, and that Agenda item 7.e, amending the Municipal Code regarding conversion of multifamily rental units to condominiums,  be tabled to a date uncertain. Upon motion made by Council Member Laverone, seconded by Council Member Paradice, the agenda was approved (4-0-0-0)with the requested modifications, with the following vote: Ayes: Hill, Dias, Paradice, Laverone; Noes: none; Abstain: none; Absent: Edge.

 

Adjourn to Closed Session:  The Council adjourned to closed session. At 6:12 p.m., the open meeting was resumed.

 

2.         Ceremonial Items:      

   A.           Presentation to Loyaza for Decorations: The City Council presented a                                    Certificate of Appreciation and expressed gratitude to Rosa Loyaza for her                                  generosity in decorating City Hall for the Christmas holidays.

 

3.         Public Comment on Items Not on the Agenda:   Robert Cosio made reference to the bid accepted by the City for repair or replacement of 26 street lights. He expressed concern that GFI breakers were not reinstalled on the light poles; the pole foundations and anchor bolts were not repaired; and safety barricades were not used by the contractor. Mayor Dias noted that the current Code requires one GFI per block instead of one per light pole; the City Engineer reported that the foundations were good; and some specified items in the original bid were traded for additional cement work.

 

            Mrs. Jolene Cosio asked if the Council gave permission to change the original contract for the street lighting work. She noted that one of the lights on Washington Street is not working.  

 

            Mrs. Cosio asked if the City has addressed the issue she spoke about at a previous City Council meeting concerning a property on First and Monterey Streets that is littered with abandoned cars, discarded furniture, and other unsightly items.  The City Manager assured that code enforcement is in process.

 

            Mr. John Hopper stated that he is a resident of Lang Street, and he appreciates the Council moving the lift station item from this meeting agenda; that he and the fifteen Lang Street residents appreciate the City’s spirit of cooperation. Mr. Hopper noted that Council Members and Lang Street residents were not aware of the historical information that recently came to light, and that the residents are looking forward to a meaningful dialogue with City officials. He reported that the residents are requesting that the City Council committee schedule its meeting on a Saturday afternoon to allow attendance by most of the Lang Street residents. Mr. Hopper suggested that if the City would provide maps of the sewer system and other important documents for review at the meeting, it would save time and make the meeting more productive.   

 

4.         Informational Items

A.        Closed Session Report:  City Attorney George Thacher reported that no actions were taken in closed session.  

 

B.         Presentation on Grants City Does Not Qualify for Due to Housing Element:  City Manager McClintock introduced David Schwartz of CEC, Inc. (California Engineering Company), as well as his staff members, Lori Adams, Director of Community Development, and Liz Fitzgerald, who was a California DHCD (Department of Housing and Community Development) representative for 31 years and has experience in Monterey and San Benito Counties with the CDBG (Community Development Block Grant) program.

 

            During the CEC presentation, Mr. Schwartz noted that currently the City is out of compliance in terms of its Housing Element and, therefore, is ineligible to access the many grant funds available. He stated that his company wants to help the City bridge that gap.

 

            Mr. Schwartz asked for comments from Council Members regarding their primary concerns and focus for the City. Responses included: the Mission and State Park; the City’s historical district; destruction of the City’s ambience by too much growth; City infrastructure (roads, sewer, water); public safety; sustained economic support; the need for recreation facilities and a viable community center; preservation of historic and public buildings; parking; library facilities; availability of public restrooms.

 

            The CEC representatives spoke about grant funding for various projects that could address the concerns, as well as short term and long term strategic planning. The Council thanked the CEC representatives for their informative presentation.  

 

C.        Monthly Financial Statements:  There were no questions regarding the City’s financial statements.

 

D.        Code Enforcement Report:  City Manager McClintock noted that the Code Enforcement Report does not include actions taken during the past two weeks, such as those pertaining to the property on Monterey and First Streets.

 

E.         Library Report:  No comments.

F.         Fire Chief’s Report:  No missed calls; no comments.

G.        Sheriff’s Monthly Activity Report:  No comments or questions.

H.        Report of CLG Grant:  The City Manager reported that progress is being

            made, and the CLG (Certified Local Government) Grant will be on the

            Council’s meeting agenda next month.  

 

I.          Status Report on Municipal Services Review and LAFCO Actions: The City Manager reported that the Council’s concerns regarding the Municipal Services Review were sent to LAFCO Director Judi Johnson. She stated that she will take the concerns under advisement and requested to speak to the Council at one of its upcoming meetings.

 

J.          Status Report on Upgrades to the Sewer Plant Capital Improvement Project:  City Manager McClintock reported that Pond #2 is in the process of being upgraded.   

 

K.        Status Report on the Tertiary Water Treatment Plant Construction Project:  The City Manager made reference to a report to the City from Bracewell Engineering regarding upgrades to the tertiary treatment plant and Department of Public Health and Regional Water Quality Control Board requirements. The City manager reported that the project is on schedule to be completed by December.

 

L.         Water Infrastructure Project Report:  No report. Local resident Tony Boch  commented that it would helpful to know the status of the water infrastructure project and the specific plan project, as well as what City fund is being used to pay $4600 per month to Project Manager Davis. The City Manager clarified that payments for services to the Project Manager are broken down by category and applied to water, sewer, and other City budget items as appropriate.

 

M.       South San Juan Specific Plan Report:  The City Manager noted that expenditures from City funds are identified and tracked, including monies paid to the Project Manager; reimbursement to the City will come from bond loans when the South San Juan project comes to fruition.

 

N.        Public Works Report:  The City Manager reported that implementation of contracted services for public works is in progress, including the transfer of current City public works employees, effective January 27, 2008.

O.        Update on New City Bathrooms at Polk Street:   Manager McClintock reported that the building plans have been approved. When the community center is completed, work will begin on the City’s public bathrooms.

 

P.         Update on City of Hollister’s Use of Waste Water Disposal in the San Juan Valley:  No report.

 

Q.        Highway 156 Report:  No updated report at this time.

 

R.         Reports by Public Officials: COG, LAFCO, Water Resources Association, Revolving Loan, AMBAG, Integrated Waste Management:  No report.

 

S.         Report on Cable Franchise Renewal Activities: City Manager McClintock reported that Morgan Hill and Gavilan College were officially notified of their respective buy-in costs for cable service. To date, no response has been received. The City Manager noted that the assumption is that the cable service provider is moving to the State franchise level.

 

 T.         Committee Reports and Future Direction by the Full City Council:

i.          Public Works:  No report.

ii.         Parks/Recreation/Library: No report.

iii.        Development and Historic: No report.

iv.        Budget/Finance/Economic Development: Councilmember Laverone reported that the City received a negative response from County Counsel regarding the City’s request to amend its current contract to reduce Sheriff Department services to one deputy as needed.  It was recommended to proceed month to month until there is a solution to the City’s law enforcement needs and resolution of the matter.  The City Manager commented that the City Attorneys are attempting to work out a solution for amending the contract. 

 

v.         Public Safety/Fire Department:  Mayor Dias reported that he attended a meeting with the County to discuss the problems and issues regarding emergency/fire responses, money, and communications.  Discussions will continue.

 vi.       Ad Hoc: County Cooperative Agreements re (1) Fire Response; (2) Traffic Impact Fees; (3) Drainage Impact Fees; (4) Park Impact Fees; (5) Library Usage:  No report.

 

7.         Consent Items

                                    Upon motion made by Council Member Hill, seconded by Council        Member Laverone, and unanimously carried, the Consent items A     through D were approved.  

                   A.        Affidavit of Posting Agenda

 

                   B.         Minutes for December 18, 2007 Regular City Council Meeting       (with minor corrections)

 

                   C.        Minutes for July 27, 2007 Special City Council Meeting

 

                        D.        Waiver of Reading of Ordinances and Resolutions on Agenda                               Beyond Title

 

E.         Adoption of Ordinance Adding Chapter 10-3 to the Municipal Code

            Regarding Conversion of Multifamily Rental Units (Condominiums):    This item was postponed and removed from the agenda.

 

8.         Action Items

 

A.          Discuss Status of Work on Resolution 2008-XX Approving and Directing Payment of Sums by Owners of Lots in Mission View Estates, Unit No. 2, Pursuant to a Maintenance Covenant for a Sewage Lift Station:  This item was postponed and removed from the agenda.

 

B.          Introduction of Ordinance 2008-XX Amending Certain Provisions of Chapter 5-9 of the Municipal Code; Grease Traps:  City Manager McClintock spoke about the City’s sewer problems caused by grease traps in local restaurants. She referred to specific details of an ordinance drafted by Bracewell Engineering to mitigate the problems. She noted that implementation could occur in steps over a nine month period to give business owners an opportunity to work with City staff, after which unannounced inspections would be made. During the discussion that followed, Council Members asked questions about the ordinance and how the City would pay for grease trap inspections.  The City Manager explained that the cost of the inspections would be paid for with monies the City will save the reduction in cleaning clogged sewers. It was pointed out that mitigation of the grease problem is essential prior to development of the City’s upgraded sewer treatment system.  

 

        After further discussion, upon motion made by Council Member Laverone,

        seconded by Council Member Hill, and unanimously carried, the Board

        approved introduction of the Ordinance regarding grease traps for restaurants.

 

C.          Introduction of Ordinance 2008-XX, Title 11: Historic Preservation Ordinance Update:  The City Manager reported that the State Historic Preservation Office has reviewed the Ordinance and has no concerns or objections.  In addition, it has been approved by the Planning Commission for presentation to the City Council.  The Ordinance streamlines some processes by allowing administrative review.

 

         Community member Cora Vonk expressed concern that the proposed ordinance exempts signs and various projects adjacent to historic areas as well as minor alterations windows, roofing, and paint. She spoke about accepted color palates for historical buildings. Ms. Vonk stated that more clearly stated guidelines would better serve property owners in streamlining the approval process and saving money. She urged the Council to request that the Historical Resources Committee develop more specific design guidelines for historic preservation.

 

         Upon motion made by Council Member Laverone, seconded by Mayor Dias, and unanimously carried, the subject Ordinance was introduced.

 

D.         Public Hearing (1) to Consider Protests to Sale of City Property to Old Mission Church in Exchange for Old Mission Church Property of Approximate Equal Value (Less than $1,000.00), and (2) to Consider Adoption of Resolution Approving Said Exchange:  City Attorney Thacher stated that after a public hearing to receive any protests regarding the exchange of properties with the Mission, the Council may adopt a resolution to authorize and direct the exchange of properties, including authorization of the City Mayor to sign necessary documents and deeds.  Mayor Dias opened a public hearing at 7:28 p.m.  There were no comments from the public, and the hearing was closed. Upon motion made by Council Member Hill, seconded by Mayor Dias, and unanimously carried, the Council approved adoption of Resolution 2008-01 authorizing the exchange of the subject properties with the San Juan Bautista Mission and authorizing the Mayor to execute all necessary documents for the exchange.

 

E.          Discussion and Direction to Staff on the Use of an Advisory Committee and

         other Details Regarding  Sales Tax Increase and Growth Management

         Ordinances to be Taken to the Voters in June 2008.  The City Manager began

          by noting that there are no specific guidelines regarding duties of an Advisory

Committee and how members are appointed.  During discussion several concepts for the appointment process were considered, such as each Council Member appointing one person to the Advisory Committee, or accepting volunteer applications and conducting a drawing of names. There was discussion about: whether the Committee would have oversight of the budget process for use of increased sales tax revenues (assuming passage of the measure) or only an advisory capacity; frequency of financial reporting to the community. The City Attorney noted that the City of Hollister does not have the specifics for its sales tax measure advisory committee in place yet. He recommended that two Council Members be nonvoting, advisory members of the advisory committee.

 

Regarding the growth management initiative, the Attorney Thatcher noted that the City might be able to use its previously adopted Environmental Impact Report; if not, there could be a time issue for the June ballot. Council Member Laverone stated that he still has questions about guidelines from the Department of Community Housing Development regarding what is acceptable for a growth ordinance; that he would like more public input; and that the Ordinance be reviewed by the Planning and Land Use Committee.

 

Public comments:  Tony Boch spoke about growth control and state that if the growth ordinance is not amended, the City will remain in its current status of ineligibility for the various grant monies that other similar cities receive. He stated that he believes the citizens who voted against the growth ordinance measure were not adequately informed; that the voters need to understand the issues and approve a housing element for the city; and that the committee’s first priority should be educating the voters and stakeholders.

 

Cora Vonk commented that the growth ordinance was poorly drafted and was not acceptable to the community in terms of protecting the City of San Juan Bautista’s historical culture.

 

The City Attorney recommended leaving details of the advisory committee open by using the words “may” (rather than “shall”); also include language providing for the assignment of two Council Members to serve as an advisory resource to the committee; that it meet twice a year or more often if needed. It was suggested that the committee could meet with the City Treasurer instead of Council Members and request City Council member advisement if needed. The City Manager suggested that the best process for formation of the committee is to allow local citizens to apply and draw names from the pool of applicants.

 

The City Attorney stated that he would prepare a draft of several options for the Council to consider at its next meeting.

 

F.      Ted Stephens Annexation:  Continued.  

 

9.          Set Future Agenda Items and Status

The City Manager stated she will be requesting a Park & Recreation Committee meeting to set new rates for use of the Community Center. The meeting will be posted in accordance with the Brown Act to allow all of the City Council Members to attend.

 

10.       Comments

A.        City Council: None.

 

B.         City Manager: City Manager McClintock asked Council Members to reserve February 7th, 2:00 p.m., for a special surprise event on Third Street (if weather not permitting, location will be moved to the Cutting Horse). She stated that representatives from state and federal governments will be attending the event; she further explained that disclosure of details of the event is embargoed at this time. 

 

            The City Manager also reported that January 16th is the 100th anniversary of Pinnacles National Monument; next Wednesday (3:00 – 5:00 p.m.), Senator Boxer’s staff will attend a celebration at the Pinnacles West Visitor Center.

  

C.        City Attorney:  None.

 

10.        Adjournment to joint meeting with san juan-aromas school district             (january 23, 2008)  Upon motion made by Council Member Laverone, seconded   by Council Member Paradice, and unanimously carried, the meeting was    adjourned at 7:53 p.m.

 

                                                                                                            _______________________

                                                                                                               Mayor George Dias III

ATTEST:

 

 

__________________________________

  Trish Paetz, Acting City Clerk