City of San Juan Bautista
REGULAR MEETING OF THE CITY COUNCIL
Tuesday, December 18, 2012
City Hall, 311 Second St., San Juan Bautista
for definitive minutes of city meetings refer to City Hall
1. Call to Order
Pledge of Allegiance
Roll Call Mayor Jolene Cosio, Vice Mayor Tony Boch, Councilmembers Rick Edge, Andy Moore and Maggie Bilich. City Manager Roger Grimsley, City Attorney George Thacher, City Clerk Linda McIntyre, Assistant City Clerk Trish Paetz also in attendance.
Mayor Cosio asked for a moment of silence for Bob Paradise and the Connecticut school children who were victims of the shootings.
2. Ceremonial Items
A. Approve Resolution 2012-XX Declaring Election Results
Installation of New and Continuing City Council Members Robert Lund and Rick Edge, Continuing City Clerk Linda McIntyre and New City Treasurer Chuck Geiger. New Councilmember Robert Lund, continuing Councilmember Rick Edge and the continuing City Clerk Linda McIntyre were sworn in. Treasurer Geiger is on a family vacation.
Presentation of Plaques Honoring Outgoing City Officers Maggie Bilich and Colleen Johnson
Selection of New Mayor and Vice Mayor
Tony Boch was selected as the new Mayor and he thanked Jolene for her work for the past year. He also mentioned his deep feelings for the recent tragedy in Connecticut. Andy Moore was selected as Vice Mayor.
Public Comment on Items Not on the Agenda
Rachel Ponce spoke and congratulated the council
She noted that she was concerned about the lack of equity between the activities between the San Benito County Preschool. She complained that the services have always been provided in Hollister. She suggested that there be more activities in San Juan. Anzar High School Library might be a resource. There might be basketball leagues and soccer leagues that are local to San Juan.
Presentations, Informational Items and Reports
Monthly Financial Statements – Treasurer’s Report
The City Manager said that the City Accountant would be presenting a six month assessment of the finances in January.
The City Manager said that the two payments to Granite Rock made the amount higher than usual. The Council of Governments worked very well to move the funding for the paving along efficiently.
Fire Chief’s Report
Councilmember R. Lund- Call volume is increasing 60-70 more calls this year over last.
Sheriff’s Report: Monthly Activity
Dog at Large and barking dogs, a traffic accident at 156 and Alameda, The Valero gas station had a gasoline syphoning, domestic violence over at the school. The commercial burglary, two vehicle thefts. He noted that the Hondas seem to be desirable. He noted that the Neighborhood Watch has restarted. The third Monday of the month at the Field Office at San Juan Elementary School. Councilmember Cosio mentioned that the Neighborhood Watch meeting was very successful. Mayor Cosio asked the Assistant City Clerk to post the Neighborhood Watch posters at the Library.
Public Works Report – City Manager Grimsley
Follow up on the storm damage he noted that they are working to gain access to deepen the ditch along Salinas Grade Road.
Code Enforcement Report – City Manager Grimsley
Pearce and Alameda streets have been notified that they need to clean up the lot by the property owner. The Mayor suggested that the 7th street situation needs to be addressed and suggested that the city charge the property for the cleanup. Councilmember Cosio noticed that there are more businesses putting up neon signs and suggested that unless the Planning Commission is planning to change the ordinance. She thinks that they should be enforced to keep businesses from investing in signs that do not meet the ordinance. The City Manager reported that the signage issue was being addressed by the San Juan Chamber group but that they had received an estimate of $13,000 which they felt was too high.
G. City Planner Activity Report – City Manager Grimsley
The City is working on the noise ordinance to solidify it so that it conforms to state standards. the Urban Growth boundaries the Planning Commission identified areas for potential development and annexation into the urban growth boundaries. There was an area on Mission Vineyard Road that could be left out for the time being. He noted that the City needs to have a decibel reader to enforce the noise ordinance. The Housing Element is not quite complete. He is hoping to complete that January 14 and it will be brought to the Planning Commission and then the council.
San Benito County Supervisor Anthony Botelho arrived and congratulated Councilmembers Edge and Lund and noted that they would be making some real hard decisions. He thanked them for serving and thanked them for being re-elected. He also thanked City Clerk McIntyre. Mayor Boch thanked the supervisor for his work for San Juan Bautista. Vice Mayor Moore also thanked the Supervisor and said that he has always been there to answer his questions.
City Manager Report
The report reviews the analysis of impact fees and the Ad Hoc committee has met and reviewed the alternates. The Fire Services Comm. will
present it’s alternatives to the entire committee on January 3, 2013.
Richard Ponce spoke about the issue of the neon signs. He suggested that there are three businesses which are grandfathered in to allow their signs the others are out of compliance.
Public Meetings and Committee Reports
AMBAG is working to improve it’s forecast of population model and transportation. After revision and second review the forecast will go to AMBAG for approval. Their financial responsibility has improved.
Intergovernmental committee has determined that San Juan would like Animal Services. The Hollister Motorcycle Rally is being reviewed for rebirth.
5. Consent Items
Approve Affidavit of Posting Agenda
Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title
Approve Resolution 2012-50 for Street Closure
Approve Minutes for September 18, 2012 Meeting
6. Action Items
Property Abatement: 301 Seventh Street
The City Manager has moved forward on the vehicles and there will be a public hearing on the matter. The City Attorney noted that the hearing is to be set and the matter may be settled before then for the January 15th Council meeting.
Update on 5-Year Capital Plan
The City Manager asked for some prioritization and input from the Council about what is important and what is not. Mayor Boch suggested that it be done at a special meeting. The City Manager suggested that the Council get the list to him in the next couple of weeks. He had his own list but he wanted the input of the council. Councilmember Edge asked for a workshop to allow some discussion. The City Attorney suggested a Special Meeting with the full council which would be noticed to the public. Councilmember Cosio also desired information from the City Manager to understand why he had prioritized things the way he did. The Special Meeting is to be scheduled on January 10.
C. Parking Citations/Fines
Approve Resolution 2012-51 Setting Parking Fines Pursuant to Municipal Code Section 7-4-700
The City Attorney submitted the Resolution to account for parking fines as infractions.
The City Manager noted that the city must get notice to the owner of the automobile so that they must run the license and supplement the ticket with the information so that they can take it to court if they desire. The Sheriff’s Department would run the license. The vehicle code is involved because it must dovetail with the City’s Code. The City Manager can delegate writing tickets, or write them himself. Vice Mayor Moore asked who would be doing the work of notification. The City Attorney responded that there were consultants who handle such things. The City writes the ticket and the consultant handles it all. Councilmember asked if anyone could run the plates. the City Attorney responded that the consultant would have access to plate information. Citations can be paid at City Hall through the drop box.
Consider and Approve Administrative Citation Process
The CIty Attorney noted that the City Council can go in and adjust the fines.
He noted that the Vehicle Code violations would be in the Sheriff’s book. He will check on whether parking in a bike lane is a vehicle code violation. He noted that anyone can take the book and write out the citation. The implementation will be up to the City Manager to decide on whether to proceed with hiring a consultant, or not.
D. Approve Resolution 2012-XX Adopting an Investment Policy
The City Manager and the the City Accountant found that the City had no investment policy, so they developed a plan and present it to the council. He recommends that, if the council approves, they adopt the policy. The City Attorney reported that this was consistent with state law and government code and is a pretty standard policy. Councilmember Edge asked if the City Accountant has C&E insurance. The City Clerk reported that she does. He was particularly bothered about 150% of Mortgage backed Securities. He said that he did not feel comfortable with some of the vehicles, Derivatives, Mortgage-Backed Securities. He felt that it was very important to pay attention to it. He wanted to take more time to examine the issue. The City Manager suggested that the Council could strike out the vehicles that they were not comfortable. He suggested that there be a committee of the City Treasurer, City Accountant and City Manager so that it would not be one person’s decision. The City Clerk said that the financial institution must have 110% of what is on deposit to keep municipal funds safe.CM Cosio asked if they needed to set policy to try to reduce interest on debt. The City Manager responded that the City needs to have a certain amount of liquidity, so that it can be used to respond to situations.
This was continued to the next meeting
Adopt Resolution 2012-XX Sewer Classification of Small Shops With Limited Sewer Facilities
The City Manager said that the report was given to the council and a resolution will be brought to the Council at the next meeting. He is suggesting a couple of new categories, for small business users. The City Attorney noted that this would decrease anyone affected in the categories. Businesses must request this designation. Councilmember Cosio was interested in tying water usage to the sewage. The City Manager suggested that this was to take a burden from the small businesses. He thought it a good gesture from the city to promote small entrepreneurs.
Chris Martorana of 97 Fourth Street asked some of the merchants will not let customers use bathrooms because of the water rates. He suggested that there might be more restrooms available if the costs were more affordable.
Adopt Resolution 2012-52 Development Application Fees
The City Manager reported that the analysis of the fees revealed that they could be made more reflective of the time and effort actually involved in accomplishing the tasks. He felt this was more encouraging to the public. He noted that because the fees are going down there is no need for a hearing.
Approve Emergency Funding for Fine to California Regional Water Quality Control Board Order R3-2012-0040 SEP Project
The City Manager reported that the California Regional Water Quality Control Board said that there is 114,00 penalties and they are willing to give $63,800 to the city to remedy the problem and the rest would be the penalty. The purple line that has been put in was installed. There is a gap that needs to be accomplished. The City Manager put in a budget for 2013 that reflects the cost of the installation that includes $119,000, which he thought the project would cost, but the project is smaller than he had thought. He noted that the budget estimates included 5-8 % of delinquencies. He noted there were a number of foreclosures and the rate has been running about 8%. He noted that there was a payment that needed to be paid by December 28. The fine has been $3000 and month. The city has been 10-12% over the allowable limits. The pellet softener was going to be the solution. This will leave about $70,000 to address the effluent problem. He noted that the receiving water has been high and then the water softeners discharge elevate the salt content. He noted that he does not know if there is any negotiation that can be done, but if the city is making progress towards a solution, it is in a better position than if it is not. Councilmember Cosio asked about the reason for the reclaimed purple line water down Fourth Street. The City Attorney suggested that the stipulated order says that “if work is ongoing” the fines would probably not be assessed. He suggested that the City Manager could verify this. He suggested that the City Council pay the fine by December 28.
Adopt Resolution 2012-53 Changing Signatures on City Bank Accounts and Wire Transfers
The City Manager suggested adding some additional names on the signatures so that there is more flexibility in acquiring signatures.
7. Discussion Items
Strategic Planning – Councilmember Edge
Councilmember Edge presented a list of possible committee members. The City Manager suggested that people live in the sphere of influence of the city.
The City Attorney suggested that the city draft a resolution to include their names and a space on the committee for the State Parks. The City Attorney suggested that it be a “Brown Act” Committee and be posted, the meetings be open and be accessible. It was suggested that the first meeting not occur until the City Council can pass a resolution and committee members can be notified.
Report by Ad Hoc Committee for Water Delivery Services -Councilmember Moore and Mayor Boch
Mayor Boch reported that the Water Board is putting in a system that could provide water to the city, but it was determined that the pellet softener plant would be a more cost effective alternative. Councilmember Lund asked the City Manager how long it would take to build it. He replied it would take 6 to 8 months. The Mayor suggested that the Water Board might be able to assist the city in accomplishing the completion of the project.
Proposed Changes to Rental of Right of Way Agreement – City Manager Grimsley
The City Manager asked for direction on the right of way agreement. He suggested that it would only affect the bars. The owner of Daisy’s had responded that he could barbecue in the back. It was not determined whether Mom and Pops had that option. Councilmember Cosio suggested that the sidewalks need to be kept clear. She suggested that the barbecues had brought smoke complaints and congregated people on the sidewalks in front of the bar. It was discussed that they could use Washington Street and not be a problem. It was suggested to speak with the owners of the businesses and enlist them in a solution. The City Manager was directed to do so.
Enforcement of Commercial Vehicles Over Three Ton Weight Limit
The City Manager reported that there have been new signs, but it is an enforcement issue. He has been working to put a sign up to indicate that they need to turn right at Prescott Ave. He took fliers to TrueLeaf and Earthbound Farms. It was suggested to bring that up at the Intergovernmental meeting. The City Manager noted the need for the deputies to enforce it. Mayor Boch suggested that the trucks are taking what used to be the Truck Route. Large trucks are taking the short cut through the city.
Impact Fee Analysis and Criteria. Establish “Nexus” Requirement
The City Manager reported his analysis and asked the Council to review it and give their feedback. Councilmember Cosio suggested that the fees might be too low. She was concerned that the city have enough funds to support services. The City Manager will bring it back with adjustments.
Set Future Agenda Items
A. City Council
Vice Mayor Boch announced Santa’s ride at 5:30 on Friday. The Boy Scouts have toy barrels out around town collecting toys for children who might not be getting much for Christmas. Mayor Moore noted that he had a resident comment that the city seemed to be running better than any time since 1989. Councilmember Lund reported his support of the City Manager. He reported the ease that he had working with the City due to his work.
The City Manager shared that he had a report about what voters i the state had approved and what they did not support.
Thanked the City for keeping him around and asked if the cookies were fair game.
10. Meeting Adjourned