CITY OF SAN JUAN BAUTISTA
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2022, at 6:00 P.M.
MINUTES
CALL TO ORDER - Mayor Leslie Jordan called the meeting to order at 6:01 p.m. in the City Council Chambers at 311 2nd Street, San Juan Bautista, California. This meeting was a hybrid meeting, as such, some members were in attendance at a zoom location.
PLEDGE OF ALLEGIANCE - Mayor Jordan led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Jordan; Vice Mayor Flores; and Council Members Freels and Freeman
Absent: Council Member Edge
Staff Present: City Manager Don Reynolds, General Counsel Robert Rathie, Assistant City Manager Brian Foucht, and City Treasurer Michelle Sabathia
Mayor Jordan called for a moment of silence in honor of Linda Mcintyre.
PUBLIC COMMENT
Mayor Jordan called for public comments.
Steve Harris commented regarding air bed and breakfasts and need for a part-time police officer.
Seeing no one further come forward, Mayor Jordan closed the public comment.
CONSENT ITEMS
A. Adopt a Resolution of the City Council of the City of San Juan Bautista Making Findings and Determinations Under Government Code §54953 for Continuing Virtual and Hybrid Meetings
B. Approve the Affidavit of Posting Agenda
C. Adopt an Ordinance to Add Sections 7-04-106 and 7-04-107 to the San Juan Bautista Municipal Code to Authorize Exceptions to Subsections (E)(1) And (F) of Section 22500 of the California Vehicle Code Regarding, Respectively, Parking in Front of Driveways and Parking on Sidewalks (Second Reading)
D. Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing Street Closures for El Teatro Campesino Dia De Los Muertos Procession in the City of San Juan Bautista
E. Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting Resignations and Adding Members to the Economic Development Citizens Advisory Committee (EDCAC)
F. Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program
Regular City Council Meeting Minutes - October 18, 2022 Page 1 G. Adopt a Resolution of the City Council of the City of San Juan Bautista Amending its Personnel Policies and Changing Section 5.11 "Other Leaves" Policy In "Rule X. Leave," Changing the Title from Administrative Leave to Management Leave, and Changing the Way it is Calculated and Administered
H. Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing Changes to the Personnel Policies Adding a Bilingual Stipend for Staff
1. Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing the City Manager to Execute a Professional Services Agreement With MNS Engineers, Inc. for City Engineering Services J. Deny a Claim Filed by Michael Humphrey and Authorize Staff to Send the Notice of Rejection to the Claimant
K. Adopt a Resolution of the City Council of the City of San Juan Bautista Awarding a Contract for the Pavement Management Program Project L. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title Council Member Freeman requested items F and I be pulled for separate consideration.
Mayor Jordan requested items C, E, G, H, and K be pulled for separate consideration.
Mayor Jordan called for public requests to pull a Consent Agenda Item. Jackie Morris-Lopez requested to speak on Item F.
A motion was made by Council Member Freeman to approve the Consent Calendar Items A, B, D, J, and L. The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Item C: Adopt an Ordinance to Add Sections 7-04-106 and 7-04-107 to the San Juan Bautista Municipal Code to Authorize Exceptions to Subsections (E) (1) And (F) of Section 22500 of the California Vehicle Code Regarding, Respectively, Parking in Front of Driveways and Parking on Sidewalks (Second Reading)
A motion was made by Council Member Freels to adopt an ordinance to add Sections 7-04- 106 and 7-04-107 to the San Juan Bautista Municipal Code to authorize exceptions to Subsections (E)(1) And (F) of Section 22500 of the California Vehicle Code regarding, respectively, parking in front of driveways and parking on sidewalks. The motion was seconded by Council Member Freeman. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Item E: Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting Resignations and Adding Members to the Economic Development Citizens Advisory Committee (EDCAC)
Council discussed timing of appointments.
A motion was made by Council Member Freeman to adopt a resolution. The motion failed for lack of second.
A motion was made by Mayor Jordan to postpone to November. The motion was seconded by Vice Mayor Flores. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Regular City Council Meeting Minutes - October 18, 2022 Page 2 Item G: Adopt a Resolution of the City Council of the City of San Juan Bautista Amending its Personnel Policies and Changing Section 5.11 "Other Leaves" Policy In "Rule X. Leave," Changing the Title from Administrative Leave to Management Leave, and Changing the Way it is Calculated and Administered
Council requested clarification on the leave. Staff fielded questions by the Council.
A motion was made by Council Member Freels to approve a resolution amending the Personnel Policies and changing Section 5.11 "Other Leaves" Policy in "Rule X. Leave," changing the title from Administrative Leave to Management Leave, and changing the way it is calculated and administered. The motion was seconded by Vice Mayor Flores. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Item F: Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing the Application and Adopting the PLHA Plan for the Permanent Local Housing Allocation Program Council requested clarification on program.
Mayor Jordan called for public comment.
Jackie Morris-Lopez requested the matter be heard by the Planning Commission and requested clarification on the development.
Seeing no further comments, Mayor Jordan closed public comment.
Assistant City Manager Foucht fielded questions, presented staff report and clarification to Council's inquiries.
A motion was made by Council Member Freels to approve a resolution authorizing the application and adopting the PHA Plan for the Permanent Local Housing Allocation Program.
The motion was seconded by Council Member Freeman. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Item H: Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing Changes to the Personnel Policies Adding a Bilingual Stipend for Staff Council requested clarification on stipend. Staff fielded questions by the Council.
Mayor Jordan called for public comment.
Steve Harris spoke to City Hall hours.
Seeing no further comments, Mayor Jordan closed public comment.
A motion was made by Council Member Freels to approve a resolution authorizing changes to the Personnel Policies adding a bilingual stipend for staff. The motion was seconded by Vice Mayor Flores. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Item I: Adopt a Resolution of the City Council of the City of San Juan Bautista Authorizing the City Manager to Execute a Professional Services Agreement With MNS Engineers, Inc. for City Engineering Services
City Manager Reynolds introduced the consultants and summarized the staff report.
Regular City Council Meeting Minutes - October 18, 2022 Page 3 Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Council Member Freeman to approve a resolution authorizing the City Manager to execute a Professional Services Agreement with MNS Engineers, Inc. for city engineering services. The motion was seconded by Vice Mayor Flores. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Item K: Adopt a Resolution of the City Council of the City of San Juan Bautista Awarding a Contract for the Pavement Management Program Project
City Manager Reynolds noted there was material placed on the table with updated fees and entered into the record. He presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Vice Mayor Flores to approve a resolution awarding a contract for the Pavement Management Program Project, as amended with updated fees. The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
4. PRESENTATIONS, PROCLAMATIONS, INFORMATIONAL ITEMS AND REPORTS Proclamation for Binational Health Week for the San Benito Health Foundation
Mayor Jordan presented the proclamation to the San Benito Health Foundation.
City Council and Staff Announcements
Council and staff announced upcoming events and reported on previous events/happenings attended.
C. Reports from City Council Representatives to Regional Organizations and Committees
Council reported on meetings attended.
D. Treasurer's Report and Monthly Financial Statements by City Treasurer Michelle Sabathia
City Treasurer Michelle Sabathia provided a brief summary of the staff report and fielded questions from the Council.
City Manager's Report
a. Fire Department Update
b. Sheriff Department Update
C. Kimley Horn Report
City Manager Don Reynolds provided a brief report, accompanied by a PowerPoint, regarding city activities and fielded questions from the City Council.
Regular City Council Meeting Minutes - October 18, 2022 Page 4 Hollister Fire Chief Bob Martin Del Campo provided a brief update regarding fire department happenings.
5. ACTION ITEMS
A. Adopt a Resolution of the City Council of the City of San Juan Bautista Approving the First Amendment to the Reimbursement Agreement Between the City and SJB Alameda Enterprises, LLC, for Construction of a Right Turn Lane on State Route 156 at Its Intersection With The Alameda City Manager Reynolds and General Counsel Rathie presented the staff report.
Applicant Cody Phillips, Dr. Gallap, and Keith Higgins spoke to the project.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Vice Mayor Flores to approve a resolution approving the first amendment to the Reimbursement Agreement between the City and SJB Alameda Enterprises, LLC, for construction of a right turn lane on State Route 156 at its intersection with Alameda. The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
B. Introduce an Ordinance Rescinding Section 5-1-165 ("Fireworks") of Chapter 5.1 ("California Fire Code - 2001 Edition") and Rescinding Chapter 5-16 ("Fireworks"), of the Municipal Code; and Adding a New Chapter 5-16 ('Fireworks") to the Municipal Code to Prohibit the Sale, Use, Possession and Discharge of All Fireworks Within the City and Imposing Host Liability For Allowing Same
Mayor Jordan called a recess at 8:12 p.m. Meeting reconvened at 8:17 p.m.
City Manager Reynolds and General Counsel Rathie provided the staff report.
Discussion commenced on the merits of sale of fireworks, safety for the community, and enforcement of use of legal and illegal fireworks.
Mayor Jordan called for public comment.
High School Principal Angela Crawley spoke in support of the sale of fireworks.
Lia O'Callahan spoke in support of the sale of fireworks by the Anzar Booster Club.
Christina Hastings spoke against the ordinance.
Stephanie Correia spoke in support of the ordinance.
Milton Brusard spoke against the ordinance.
Seeing no one further come forward, Mayor Jordan closed the public comment.
Council discussed the support of the sale of fireworks and requested direction from staff on future steps to support the limited sale of fireworks and use as approved for 2022.
A motion was made by Council Member Freels to postpone the ordinance indefinitely. The motion was seconded by Council Member Freeman. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
Regular City Council Meeting Minutes - October 18, 2022 Page 5 Direction was given to staff to prepare a resolution for Council consideration allowing for limited hours of sale and use.
C. Professional Services for Historic Preservation
Assistant City Manager Foucht presented the staff report and fielded questions from the Council.
Mayor Jordan called for public comment.
EJ Sabathia spoke in concern of the procurement and selection process.
Jackie Morris-Lopez spoke in support of the contract and expressed concern with the selection process.
Patricia Baines spoke in support of the contract.
Stephanie Correia spoke in support of the contract.
Christina Hastings spoke in support of the contract.
Seeing no one further come forward, Mayor Jordan closed the public comment.
A motion was made by Council Member Freeman approving the scope of work and authorizing the City Manager to execute the contract within the City Manager's $25,000 spending authority.
The motion was seconded by Vice Mayor Flores. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
D. Adopt a Resolution of the City Council of the City of San Juan Bautista (1) Declaring a Public Nuisance to Exist on the Parcel Commonly Known as 451 San Juan Hollister Road, and (2) Directing the City Manager to Post, Publish, and Mail Notice of Hearing to Consider Abatement of Said Public Nuisance
General Counsel Rathie and Assistant City Manager Foucht presented the staff report.
Property Owner Cynthia Orozco presented her findings and facts of the matter. She placed material on the table, which was entered into the record.
Mayor Jordan called for public comment.
Property Owner's Consultant Kelly Engineering spoke to the survey done on the property.
Property Owner's Consultant San Benito Engineering spoke to the survey done on the property.
Seeing no one further come forward, Mayor Jordan closed the public comment.
A lengthy discussion and inquiries commenced amongst the Council, staff, and property owner.
A motion was made by Council Member Freels to postpone to a special meeting date uncertain.
The motion was seconded by Council Member Freeman. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
E. Consider Making Appointment to the Planning Commission, or Decide Whether to Wait to take Action
Regular City Council Meeting Minutes - October 18, 2022 Page 6 City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment.
Jackie Morris-Lopez requested the appointment be postponed.
Seeing no one further come forward, Mayor Jordan closed the public comment.
A motion was made by Vice Mayor Flores to postpone until new Council Members are sworn in. The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
6. DISCUSSION ITEMS
A motion was made by Council Member Freels to postpone the remaining items to the next meeting. The motion was seconded by Council Member Freeman. The motion passed on a roll call vote of 4 Yes-0 No-1 Absent (Edge).
A. Establish a Golf Cart Transportation Plan in San Juan Bautista B. Consider Changes to the City Sign Ordinance
C. Consider a Noise Ordinance
D. Consider a RV Trailer Parking Ordinance
E. Commercial Building Vacancy Tax
F. Funding for Senior's Program and the Benefits of Forming a Non-Profit - Council Member Edge
G. Parklet Encroachment Permit Requirements
H. Municipal Election Update (Candidates Running for Office, Process for Write-In Candidate Period Open, Measure for Appoint City Clerk and City Treasurer, Forums Held)
7. ADJOURNMENT
There being no further business, Mayor Jordan adjourned the meeting at 10:54 p.m.
Respectfully submitted,
He wish fact?
Norma Alley, RGS Advisor
Regular City Council Meeting Minutes - October 18, 2022 Page 7