Regular meeting of the San Juan Bautista City Council

Tuesday, November 20, 2012
6:00 P.M.
City Hall, 311 Second St., San Juan Bautista
for definitive minutes contact San Juan Bautista City Hall
1.  Call to Order
      Pledge of Allegiance
      Roll Call

Present: Mayor Jolene Cosio, Vice Mayor Tony Boch, Councilmember Maggie Bilich, Councilmember Andy Moore, Councilmember Rick Edge arrived about 6 :10pm.  City Manager Roger Grimsley, and Asst. City Attorney Robert Rathje, City Clerk Linda McIntyre and Assistant City Clerk Trish Paetz also in attendance.

 Public Comment on Items Not on the Agenda
A resident of 101 First Street spoke about semi trucks coming through San Juan. She has noticed a large number of truncks coming through town. She recently moved back to San Juan after a 20 year absence. She noted that Deputy Sheriff Brown has been assigned to address the problem. She suggested that EarthBOund Farms be involved in solving the problem. She presented a log of the trucks that she has personally observed. The City Manager reported that they have ordered signs to notify that trucks over 3 tons are prohibited. They would be installed on the Alameda and near the Valero station and another location. Councilmember Moore suggested that there be fliers given to drivers directly at Earthbound to notify them. Prescott and San Juan Road there will be sign notifying trucks that they are not allowed to come into town. It was noted that the present signs are placed in such a manner that truckers do not see it until they are already in town.

3.  Presentations, Informational Items and Reports
 Monthly Financial Statements – Treasurer’s Report
The monthly report was submitted. Mayor Cosio questioned why the amount for Bracewell being surprisingly high. The City Manager noted that this payments reflected two payments during the period. This was true for several vendors. Mayor Cosio noted the $400 payments for the City workers which the City Manager explained was their uniform expense. There was also a payment for chemicals for Bracewell’s use.

Library Report
The Library reported was accepted

 Fire Chief’s Report
The Fire Chief’s report was accepted and it was noted that there are 19 active firefighters. Councilmember Moore noted that Danny Gonzales was honored as a community volunteer at a reconition dinner.

  Sheriff’s Report: Monthly Activity
Deputy Brown reported that thefts were up in response to Mayor Cosio’s question.  He noted that burglaries are also up. He noted that citizens need to report things so that they can be noted and addressed.  He noted that they have renewed the Neighborhood Watch meetings on the third Monday of the month Room F1 at San Juan School at the Sheriff’s substation.

Public Works Report – City Manager Grimsley
 The City Manager reported that the Asphalt and cape seal project is complete that city crew is still fixing pot holes. He noted there is a sewage problem on Second Street that they think has been addressed. He noted Joe Guevara has been continuing his training. He praised the city crew for doing such a good job in preparing the streets for the work to be done. Vice Mayor Boch reported that he was told by Joe Guevara how much he appreciated the City Manager for his encouragement to pursue his training. The City Manager reported that the street striping is pretty much completed and that the plywood wall on Hwy 129 will be coming down soon and the striping will be accomplished there. There is work being done for the residential care housing for the safety of the residents . . new fire hydrant, improved sight lines for traffic. There was discussion about signage.

 Code Enforcement Report – City Manager Grimsley
A walkthrough of the downtown came up with many violations of the sign ordinance. These will be addressed in the revisions to the sign ordinance. Complaints have been received about the corner at Pearce and The Alameda about the number of vehicles. He was given direction to write a notice to the owner. The City Manager noted that there previously had been some steel beams that had to be addressed. The property is zoned Mixed-Use so residential use is appropriate. The City Manager has taken photos of the situation.

  City Planner Activity Report – City Manager Grimsley
The Commission has been working on the sign ordinance and have been looking at the fees that were established in 2009. There has been some analysis of the fees and they were adjusted to reflect the service rendered. They wanted to only charge what that fee costs to administer. Councilmember Edge asked that the fees come back to the council as something they can vote on. The City Manager noted that he was aware of instances of fees that made no sense. Mayor Cosio noted that most of those fees were deposits to encourage applicants to complete the process. She noted that this was to address the payment of the contract planner at the time. The City Manager suggested that if the city went back to contracting the planning the fees could again be adjusted. The City Manager reported that there is now an informal application to find out what is expected of their project.
Mayor Cosio asked about the process about “special” trees. The City Manager noted the county has a “heritage tree” designation.
The City Manager reported that he has looked at the fees and feels they are in line with other municipalities as well as the County.

  City Manager Report
    The City Manager reported that the subcommittee is working on the pellet softener and they will be meeting with the Water BOard. The Tax Sharing agreement with the County is down to working out the final percentages with the County. It will affect property assesments. The Barbeque Pit has been a problem at the two bars on Third Street there is smoke that has caused difficulties with the patrons of the resturants having difficulty traveling down the sidewalk. He suggested perhaps the San Juan Committee might help to police the problem. The Public Right of Way Agreement was included in his report. he suggested that barbeques not be allowed, or rental rate be raised to as high as $100, the third suggestion he made is that there be time restrictions. The City Manager reported that the roof has been replaced and he thanks the Library Auxilliary for their donation of $1000. Councilmember Boch asked if the barbecues happened frequently.

Public Meetings and Committee Reports
Vice Mayor Boch $50,000 would be gaining for streetwork next year. CM Moore reported perhaps some animal control, The Fire Sub-Committee is creating a committee to explore the creation of a Special Fire District. Mayor Cosio reported a need to improve communication between agencies Fire Sub-Committee. At AMBAG, benefits of shared services and a Special Services outreach meeting which she was not able to attend.

4.  Consent Items
Approve Affidavit of Posting Agenda
Waive Reading of Ordinances and Resolutions on Tonight’s Agenda Beyond Title
Approved by consent
Approve Resolution 2012-47 for Street Closure
Christmas Parade Dec. 1st Third Street will be closed at 3:00. Only Third will be closed. Highway Patrol or Sheriff will direct traffic at Hwy 156.
Approved with changes.

Approve Minutes for October 16, 2012 Meeting
Mayor Cosio corrected that she was at two different meetings in her report but the minutes did not reflect that. She also noted that there was a typo indicating that Vice Mayor Boch was not in attendance for two votes, which she felt was incorrect.
Minutes were approved with the changes

E.   Accept Library Auxiliary’s Donation of $1,000 and Approve Resolution 2012-48 Amending the Fiscal Year 2013 Budget for the Library
Resolution approved

5.  Action Items
 Property Abatement Update: Consider Resolution 2012-XX, Ordering the City Manager to Abate a Nuisance at 699 Fourth Street
The City Manager reported that the resident has addressed most of the issues and he appreciated the resident for his work. The resident spoke and appreciated being given the time to address the problem.  
The City Manager suggested taking no action

 Update on 5-Year Capital Plan
The City Manager has had meetings and identified 85 different projects. He will begin cost analysis on the projects. The next study session will be scheduled when he is ready to proceed.

6.   Discussion Items
  Strategic Planning – Council Member Edge
Councilmember Edge reported that he had not received any interest until that day. The city will put out fliers to encourage particpation.

   Report by Ad Hoc Committee for Outside Services – Council Members Cosio and Boch
Mayor Cosio suggested a visit to the Pellet Softener in Valencia if the decision is to go forward on the pellet softener.

   Report by Ad Hoc Committee for Parking Within the City – Council Members Edge and Boch
Vice Mayor Boch reported that they are waiting for the City Attorney to look at the fees on the booklet for City Code infraction violations. The Asst. Attorney said that there were a couple of things he needed to get back to the Council on. The City Attorney will bring a Resolution for the next meeting.

  Proposed County Special District – Library, Parks and Recreation – City Manager Grimsley
The City Manager reported that the County is working on creating a Tax District to finance Fire, Library and Park District. He reported that there would great benefit to San Juan. He said that he wanted to retain autonomy over the Library and Parks and Recreation facilities. He will go forward and notify Janelle Cox that San Juan is willing to support the district. Mayor Cosio asked if the “being in control” is necessary. The City Manager suggested that this would be understood when the issue goes to the ballot. He suggested that the Parks and Library are larger community functions. Councilmember Edge did not like the idea of including the Library with the Parks. There was discussion that the city needs to keep control of the city’s Parks and Library.

There was a question of whether the city could opt out of the district and operate on it’s own. Mayor Cosio shared that she wondered if it would be wise to opt out. The City Manager share that if it was Real property there would be boundaries designated, if it were a sales tax it would affect the whole county. The Mayor shared that her understanding was that things would be worked out before it went to the ballot. It was noted that this is a feasibility study to see what might be possible.

   Proposed Changes to Rental of Right of Way Agreement – City Manager Grimsley  
      The City Manager presented some options he had suggested earlier in the meeting for addressing the problem of the street barbecues. Councilmember Edge suggested that alcohol be prohibited from the street. The City Manager suggested that there was also a problem with the smoking on the street with people blocking the sidewalk. He also noted that he has witnessed motorcycles blocking the street, while cars waited. He suggested that it has recently created a problem that he hopes to address with his suggestions. Councilmember Moore said that he hoped the owners would address the problem themselves if they are asked to.

Councilmember Bilich suggested that the smoke was damaging to those stores selling clothing. Mayor Cosio suggested that the permittee be held responsible to keep the sidewalk clear for pedestrians. She also mentioned the problem of businesses placing items on the sidewalk, rather than the parking space on the street. It was suggested that the San Juan Committee might be able to provide an interface between the City and Businesses.

   Investment Policy – City Manager Grimsley
The City Manager was looking for ways to get a better return from it’s investments. He reported that the City has no investment policy. He and the City Accountant wished to have the Council approve some actions, including an investment policy and laddering investments for a greater return. He said he will bring it back at the next meeting. He said he likes to invest on development funds to keep it local. Councilmember Boch remembered the State having a similar program. Councilmember Boch said that Union Bank is very civic minded.

   Sewer Rate Analysis – City Manager Grimsley
The City manager reported that he has received numerous calls about the sewer rates do not qualify apartments and small shop owners. They felt the fee and the charge were not proportional. He suggested that since he couldn’t meter what was coming out of the sewage he used a plumber’s code analysis. He said a typical family would have 15-16 fixture units. Apartment units would have 11-12 fixture units. The small boutiques would be down around 4 fixture units. The sewage fee is tied to the payment of the debt for the Infrastructure project.  He came up with a decrease of 25-35% decrease for those users. He felt this was consistent with the impact of their sewage. He asked how that affected revenue. He reported that this would be about a 3% decrease in revenue. He asked the Council if they wanted to move forward with this or wait until mext year’s budget. He thought that if it were more user friendly ot might encourage businesses. Mayor Cosio spoke in favor of reducing sewer costs for businesses. She was concerned about the connection of sewage of residential and businesses. It was noted that there are too many small houses to seperate them from apartments. She said she felt they were not using any more water than apartments. There was discussion about moving forward with decreasing the impact on small businesses.

  Feral Chicken Ordinance – Council Member Bilich
Councilmember Bilich shared that she was no longer feeding chickens. She has called four county Health Departments and found no record of disease caused by chickens. She felt it was not correct to not feed the feral chickens. Councilmember Moore noted that there was still hens on Third Street. There is a restriction on animals not being allowed within 50 feet of a house. Mayor Cosio shared that the more you feed them the more there will be. Mayor Cosio said that the Mission and the State Park can feed the chickens since they are not on city property.

Set Future Agenda Items
Set the fines for infraction book
Semi truck abatement
Investment Policy
Reduction in small business sewer fees.

    A.City Council
City Manager
City Attorney
9.  Adjourn