City of San Juan Bautista

REGULAR MEETING OF THE CITY COUNCIL

Tuesday, January 15, 2013
6:00 P.M.
 City Hall, 311 Second St., San Juan Bautista

1.  Call to Order
      Pledge of Allegiance
      Roll Call Mayor Tony Boch, Vice Mayor Andy Moore, Councilmembers Rick Edge, Robert Lund, Jolene Cosio. City Clerk Linda McIntyre, City Manager Roger Grimsley, City Attorney George Thacher also in attendance.

2.  Ceremonial Items
A.   Installation of New City Treasurer Chuck Geiger
C.   Presentation of Plaque Honoring Outgoing City Treasurer Colleen Johnson.

3.  Public Comment on Items Not on the Agenda
None

4.  Presentations, Informational Items and Reports
 A. Presentation of Fiscal Year 2012 Audit – Bryant Jolley, Auditor
Bryant Jolley presented the City’s Audit for Fiscal Year ending June 30, 2012.
He noted that there was an unqualified opinion that the City’s books were in accordance with the generally accepted accounting principals. He also noted that there was a General Fund increase of $467,000 which a positive increase, due to an increase in taxes and grants and $115,000 under budget. He reported that the COPS fund was operating as intended, as was the lighting and landscaping district and public parking. The Water and Sewage Funds are operating as expected. They are operating in small deficit earnings due mostly to depreciation.  Each fund had an increase of $160,000. He reported that they had no out of the ordinary comments about the process and thanked the city staff for their work in getting him the appropriate information. He noted that the City Accountant was working on Transient Tax participants. Councilmember Cosio asked about the money from the Infrastructure project being moved forward. Mr. Jolley said that the City has taken the actions to address the decrease in spending and is in better shape than some other cities.

B.  Monthly Financial Statements – Treasurer’s Report
Councilmember Cosio had questions about the sales tax amount being down. She asked if it was expected. The City Manager noted that business is down. Councilmember Lund noted that he has talked to shop owners who said that business was down over 30%. She also asked if the income from the Community Center was as low as the report states. The City Manager responded that the center has been rented so there should be income reported somewhere. He said that he would look into it and report back. She asked about using electric carts to go around town to reduce the fuel costs. There was also a grant for $256,000 that the city received a percentage of for administration.

C. Library Report

D. Fire Chief’s Report
Chief Fox did not have a report ready. Councilmember Lund reported that there were  25 calls, mostly medical.

E. Sheriff’s Report: Monthly Activity
Sheriffs Deputy Rich Brown reported that there was no domestic violence for a change. There were two stolen vehicles. He suggested that people secure their vehicles. He noted that there was no pattern developed yet afternoon, early morning, evening. There will be a Neighborhood Watch meeting on Monday, at San Juan School. He suggested that it was due to the 24 hour cycle at the plant. He thought it saved them time to go through the city. The City Manager suggested that it would involve weighing the trucks. He noted that he is keeping track of whether the trucks are going out to avoid going through town. He suggested that the signage is not the issue as the truck drivers are aware of the signs. Mayor Boch suggested that they need to keep writing the tickets. The City Attorney asked if they are being given an infraction for weight in they are stopped and a moving violation if they are in motion. The City Manager reported that he had communicated with the plants. Councilmember Cosio suggested going higher up the command chain. Vice Mayor Moore suggested that the county sign needs to be moved back so that they see the sign before it’s too late. He said it is a county sign that needs to be moved. Councilmember Cosio suggested bringing it up at the intergovernmental meeting. Vice Mayor Moore asked about enforcing parking in the bike lanes to keep them clear.

F. Public Works Report – City Manager Grimsley
City Manager reported that the city is in the middle of the flood season and the city crews are working to keep catch basins flowing. They have also worked with the owners of the former Nyland property to deepen a trench that floods onto The Alameda. Mayor Boch suggested asking CALTRANS about the drainage down Washington street down to 7th Street.

G. Code Enforcement Report – City Manager Grimsley
The City Manager reported that the property on 7th Street has made progress in addressing the abatement problem and suggested that the owner be given two to three weeks to address the problem. Councilmember Cosio suggested that code enforcement may need support from once a month. The City Manager reported that someone authorized by the city could write up infractions. The sign ordinance is going to go before the businesses as a draft to get their input before the enforcement begins. Councilmember Edge suggested that it would be good to have the discretion to call someone in. The City Manager suggested that Deputy Brown has been following up on code violations as he is made aware of them by the City Manager.

H.  City Planner Activity Report – City Manager Grimsley
The City Manager reported that surveyors have been identifying the boundaries and topography of the “Brewery” project. The architect is solidifying his plans which will be submitted to the Planning Commission. They intend to make it look like the old brewery and keep the historic designation. He reported that it will be an improvement to that entrance.
He reported that the rough draft of the Housing Element of the General Plan will soon be given to State and the Planning Commission and then to the City Council.
The Noise Element is still being worked on. He is trying to interface the motorcycles with the other vehicles. He said the City will need an audio meter to enforce the element. He noted that the bikes come roaring through town some afternoons. He noted that the demolition on the D’Ambrosia property should be completed in a couple of weeks. There is no time on construction. Councilmember Cosio asked what was next. He reported that this would be an opportunity to put in the purple line that will connect for the Sewage Treatment Reclamation, due to the removal of the fence. He noted that this would decrease the cost as well.

I. City Manager Report
The City Manager noted that concerning the Reclamation Project the State has been reimbursed for the necessary fines. He is working on the CEQA report and  he says things are starting to take place and he will identify where the laterals are at Creekbridge and the Luck Library to hoop them up to the Reclamation Project.
The Five Year Project will have the top three or four projects to include in the Five Year Capital Plan in a meeting at the end of the month. The Pellet Softener Project committee will be meeting to review the possibilities. The Tax Sharing Agreement has been in process and he has been meeting with the interim county CAO to finalize it. This will allow the annexation of the City’s Well #3, the city reservoir site and potential future acquisitions to the north.

J. Public Meetings and Committee Reports
Councilmember Cosio reported on the Fire Protection Meeting looking at a Mutual Aid Agreement and discussed joint training with Hollister, County and San Juan so that they would be aware of possibilities. Intergovernmental. The City Manager suggested that if the Motorcycle Rally impacts San Juan they need to communicate with the Sheriffs Department. He suggested that some events might be created to attract some of the business. The City Manager suggested that a committee be created to explore the possibilities of how the city might benefit. VM Moore note that the Mayor of Hollister had invited members of San Juan to attend meetings about the Rally. The City Manager noted that Fourth of July is on Thursday, os it makes it a long weekend beginning on Wednesday evening and winding down on Sunday. The City Manager suggested that Councilmember Lund be included. The Mayor appointed Councilmember Lund and asked him to report to the council. Councilmember Cosio reported on the AMBAG meeting. She said that the most interesting report came from Elizabeth Russell about the Energy Watch Update. She reported that $4.7 million from the California Public Utilities Commission is to be used for Energy Efficiency incentives and installations by schools, businesses, and jurisdictions. She suggested the city could take advantage of the program.

5.  Consent Items

A. Approve Affidavit of Posting Agenda
B. Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title
C. Approve Minutes for November 20, 2012 Meeting
D. Approve Resolution 2013-XX Accepting the Fiscal Year 2011-2012 Audit
Approved all but C
Item C – Approved separately with clarification about “Mayor Cosio’s support reduction for store with apartments on same water line”

6.  Action Items
 A. Consider Property Abatement: 301 Seventh Street
The City Manager suggested that the council give her two or three weeks
Continued until next meeting, Feb 19.

 B. Update on 5-Year Capital Plan
There was a workshop which identified priorities and the next workshop will identify three or four projects. Meeting scheduled for Wednesday, January 30, at 6:00.
 

C. Parking Citations/Fines Update
 The City Manager suggested that the fine schedule has been determined. Councilmember Edge suggested that the City get bids from other small cities. There was discussion about who provided the ticket books. The City Manager will identify vendors who might be able to provide. Councilmember Edge suggested that the city no longer needs to have a separate envelope included which is no longer necessary. The City Attorney suggested that perhaps the vendor will provide the ticket book. There was conversation about the percentage of the fine that the vendor takes.

 D. Approve Resolution 2013-02 Adopting an Investment Policy
The City Manager reported that they identified eight investment options which would be prohibited by the investment policy; Mutual funds, Derivatives, Mortgage Backed Loans, Real Estate Investment Writs, Financial Futures and Options,  Guaranteed Small Business Loans, Reverse Mortgage Repurchasing Agreements and County Pool Funds. It was recommended to use Triple A bonds and CDs and Money Market Funds. The City Clerk noted that there was a government approved agency which paid back 110% of the deposit. The City Manager, Finance Director and City Treasurer and one council member would make the decisions together according to the policy. Councilmember Edge was appointed.
Resolution passed

E. Introduce Ordinance Amending Sewer Classification of Small Shops With Limited Sewer Facilities
The City Manager noted that small businesses with few employees were added classifications that they can apply for the reduction with an inspection.
The rate would be approximately $75 a month. The City Attorney recommended a change in the wording. The City Manager clarified that it was an effort to make an effort to show support of the small businesses.
Ordinance introduced with corrections suggested by the City Attorney

 F. Mayor’s Selection of Committee Representatives
Mayor Boch appointed Councilmember Edge to LAFCO, Councilmember Cosio to AMBAG, Moore and Lund to Water Resources Agency, Neighborhood Watch to Councilmember Lund, InterGovernmental Committee to Vice Mayor Moore and Councilmember Lund, Ad hoc Committee for Infrastructure, Mayor Boch and Councilmember Edge, Parking Sub Committee, Mayor Boch and Councilmember Edge, Committee for Outside Services, Mayor Boch and Councilmember Cosio, Councilmember Lund to Rally Planning Committee and the Investment Advisory Committee.
Appointments Approved

G.  Make Appointment to Planning Commission/Historic Resources Board
Georgana Gularte was appointed by Councilmember Lund
Approved

H. Discussion Re Committee Activities and Approve Resolution 2013-03 Creating a Strategic Planning Committee and Appointing Members Thereto
Councilmember Edge reported that he had recently added Eddie Guaracha and another party who was interested in serving on the committee.
The Resolution was approved
The City Attorney suggested that the members be given copies of the Brown Act. Councilmember Edge suggested giving the committee copies of the Historic Plan and the Five Year Plan. He will give the Deputy Clerk the contact information for the members of the committee.

7.   Discussion Items
 A. Enforcement of Commercial Vehicles Over Three Ton Weight Limit
Mayor Boch noted that he has been getting complaints about trucks in town and he said that he does not see any enforcement. Deputy Brown reported that they have written 20-30 tickets for trucks.

 B.  Impact Fee Analysis and Criteria. Establish “Nexus” Requirement
      The City Manager sought input from the City Council about the impact fees. He reported that since there has not been much building in the past few years. He suggested that the fees need to be reduced to encourage more building. He felt that the current level of fees may be discouraging projects. He noted that the old analysis calls for new growth rate of 1000 units which he felt was unrealistic. He suggested a growth rate of perhaps 7 to 8 homes a year, 1 to 2% is a reasonable estimate. He commented that growth is healthy for the city. He noted that developers would not have to pay parking, park and recreation and school impact and safety fees if they provide that appropriate items in their project, but if they do not, the impact fees will help the city to address the impact on the city. His proposed plan would bring in about $7500 a year per project which can not be used for salaries, only infrastructure. The income could be used towards a new sewage treatment plant, sprayers, etc. The funds would go into dedicated accounts for the specific impacts. He reported that a typical 1850 square foot house in San Juan would pay $30,533 in impact fees. The Mayor noted that this was not much more than the county charges. The City Manager commented that in the past a house that size would be paying $48-50,000 in fees before getting started, which he felt was a deterrent to building. He felt this was a rational way to assess fees. He looked at what it would actually take to accomplish to address the impact. it was discussed about the fund being refundable, only if the developer does not develop the property.
      There was discussion about encouraging commercial development in San Juan. He found that in speaking with potential business developers about coming to San Juan the ordinance against franchise businesses discouraged them. He commented that builders would not build a hotel because they would be limited in who they could rent it to. He suggested that the ordinance was a way to do the work of the Planning Commission and the Historical Resource Board. He suggested that the Planning Commission could safeguard the cultural and architectural environment. He encouraged the council to come up with another model for controlling franchises in San Juan. Mayor Boch commented that it was the City Council to set the guidelines for the Planning Commission. He felt that if the franchises wanted to be in San Juan they could wear the CIty out in court and still wind up with in town. It was noted that the Valero and the Pizza Company are franchises in town.

 Set Future Agenda Items

9.  Comments
      A. City Council
 City Manager
 City Attorney
10.  Adjourn