City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
AGENDA
CITY COUNCIL REGULAR MEETING
TUESDAY ~ NOVEMBER 15, 2022 ~ 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
311 Second Street
San Juan Bautista, California
– HYBRID MEETING –
PUBLIC PARTICIPATION BY ZOOM AND IN PERSON
THIS MEETING WILL BE OPEN TO THE PUBLIC UNDER THE FOLLOWING CONDITIONS:
All Attendees must comply and wear a face covering if not fully vaccinated and show proof. If providing proof attendees will not need to wear a face covering. If you are exempt from the state face covering guidance or not fully vaccinated, you will be required to wear a mask to attend the meeting; All attendees must comply with any other rules of procedures/instructions announced by the Mayor and/or City Staff. Any violations of the above may result in the Mayor closing the meeting, effective immediately, or clearing the room, as well as other enforcement actions. The meeting will be available through Zoom for those who wish to join or require accommodations with the instructions below:
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.
Join Zoom Webinar https://us02web.zoom.us/j/81428387189 or call 1 (669) 900-6833
Webinar ID: 814 2838 7189
PUBLIC COMMENTS WILL BE TAKEN ON AGENDA ITEMS BEFORE ACTION IS TAKEN BY THE CITY COUNCIL. DURING THE MEETING: TO PROVIDE VERBAL PUBLIC COMMENTS ON AN
AGENDA ITEM DURING THIS MEETING CALL THE PHONE NUMBER LISTED ABOVE OR LOG INTO ZOOM AND ENTER THE MEETING ID NUMBER AS LISTED ABOVE.
When the Mayor announces public comment is open for the item which you wish to speak, press *9 on your telephone keypad or if joining by Zoom, use the raise your hand icon. When called to speak, please limit your comments to three (3) minutes, or such other time as the Mayor may decide, consistent with the time limit for all other speakers for the particular agenda item. Comments from other platforms will not be considered during the meeting. If you would like to participate during the meeting you MUST use Zoom.
If you are unable to join the meeting, written comments may be mailed to the Deputy City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] not later than 5:00 p.m. on November 15, 2022, and will be read into the record during public comment on the item.
THIS MEETING WILL BE CONDUCTED PURSUANT TO GOVT. CODE §54953(e)(1)(A).
In order to minimize the spread of the COVID 19 virus the City Council is conducting this meeting by Zoom webinar and will be offering alternative options for public participation. You are encouraged to watch the meeting live on Zoom or Facebook.
City Council Meeting
November 15, 2022
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to all items on this agenda are available in the agenda packet on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or by emailing [email protected] or calling the Deputy Clerk (831) 623-4661 during normal business hours.
1. Call to Order
Pledge of Allegiance
Roll Call
2. Closed Session
A. Conference with Labor Negotiators:
City’s Designated Representatives, the City Council;
Unrepresented Employee – City Manager Don Reynolds
3. Public Comment
This portion of the meeting is reserved for persons desiring to address the Council on matters not on this agenda.
The law does not permit Council action or extended discussion of any item not on the agenda except under special circumstances. If Council action is requested, the Council may place the matter on a future agenda.
4. Consent Items
All matters listed under the Consent Agenda may be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a citizen.
A. Adopt a Resolution of the City Council of the City of San Juan Bautista Proclaiming and Reaffirming the Existence of Local Emergencies in the City B. Approve the Affidavit of Posting Agenda
C. 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)
D. Approve the Minutes of September 20, 2022
E. Approve the Minutes of October 18, 2022
F. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title
5. Presentations, Proclamations, Informational Items and Reports A. Proclamation for Small Business Saturday
B. Proclamation for Native Heritage Month
B. City Council and Staff Announcements
This is an opportunity for Council and staff to share the community calendar and announce upcoming dates of interest to the general public.
In compliance with the Americans with Disabilities Act, the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the Deputy City Clerk a minimum of 48 hours prior to the meeting at (831) 623-4661.
City Council Meeting
November 15, 2022
C. Reports from City Council Representatives to Regional Organizations and Committees
D. Treasurer’s Report and Monthly Financial Statements by City Treasurer Michelle Sabathia
E. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
c. Commercial Truck Traffic
6. Public Hearing (To be opened and continued to November 29, 2022) A. Open a Public Hearing to Hear and Consider Objections to the Proposed Abatement of the Public Nuisance at 451 San Juan Hollister Road in the City. (Hearing will be continued in accordance with CA Govt. Code §§54955, 54955.1 and San Juan Bautista Municipal Code §13-1-425).
7. Action Items
A. Approve a Resolution of the City Council of the City of San Juan Bautista Authorizing the Mayor to Execute an Amended and Restated Joint Use Agreement Between the Aromas-San Juan Unified School District and the City of San Juan Bautista
B. Authorize Staff to Post Accepting Applications for Planning Commission
8. Discussion Items
A. Consider Changes to the City Sign Ordinance
B. Funding for Senior’s Program and the Benefits of Forming a Non-Profit – Council Member Edge
C. Parklet Encroachment Permit Requirements
D. Execute an Agreement for the Purchase of Conservation Credits to Mitigate the Adverse Impacts Caused by the Decommissioning of the Wastewater Treatment Plant as a Result of Building the City’s New Sewer Force Main Project
E. Municipal Election Update (County 30 day canvas of election before results finalized. December Meeting: recognize outgoing Council members, swear in new Council members, and appoint Mayor and Vice Mayor)
9. Recess
10. Closed Session:
B. Conference with Labor Negotiators:
City’s Designated Representatives, the City Council;
Unrepresented Employee – City Manager Don Reynolds
11. Action Items (Continued)
A. Report on Recommendation(s) re City Manager’s Salary, Salary Schedule and/or Compensation through Fringe Benefits per CA Govt. Code §54953(c)(3) and Consider Amending the Employment Agreement with City Manager Don Reynolds
12. Adjournment
Item #6A
City Council Meeting
November 15, 2022
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
AGENDA TITLE: OPEN AND CONTINUE A PUBLIC HEARING TO HEAR
AND CONSIDER ALL OBJECTIONS TO THE
PROPOSED ABATEMENT OF A PUBLIC NUISANCE
AT 451 SAN JUAN HOLLISTER ROAD.
MEETING DATE: NOVEMBER 15, 2022
DEPARTMENT HEADS: CITY MANAGER/CITY ATTORNEY/ ASSISTANT
CITY MANAGER-COMMUNITY DEVELOPMENT
DIRECTOR
RECOMMENDED ACTION:
It is recommended that the City Council open a public hearing in accordance with San Juan Bautista Municipal Code (SJBMC) Sec. 13-1-425 to hear and consider objections to the proposed abatement of a public nuisance at 451 San Juan Hollister Road (APN 002-550-008) (the “property”), continue the hearing to a date and time certain in the order of continuance, and at that time allow or overrule any objections to the proposed abatement and consider adoption of the attached draft Resolution declaring the condition of the property to constitute a public nuisance and ordering the abatement of said nuisance by the City Manager and assessing the City’s cost of abatement.
BACKGROUND INFORMATION: This matter was before you at your regular meeting on October 18th and again at a special meeting on October 25, 2022, to allow the City Council to receive information from staff and the property owner’s, Kulta Farms, LLC, representative, concerning conditions on the property in violation of the SJBMC. At the special meeting on October 25th the Council adopted Resolution 2022-81 (copy attached as Exhibit A) declaring a public nuisance to exist on the property.
Significant grading on the floodplain located on the property occurred in 2022 without a permit having been first obtained and fill and grading spoils have been deposited in the floodplain, including adjacent to and within San Juan Creek. Compliance Orders, a 10-Day Notice of Violation, photographs (attached as Exhibit D) and comments by staff and the property owner’s representative regarding these conditions are part of the record from the consideration of this matter on October 18th and 25th. Violations of the SJBMC were also identified due to the storage or automobiles and heavy equipment, as well as the use of the property as a contractor’s yard, all as described in the Notice to Abate (copy attached as Exhibit B). At the hearing staff will provide substantial evidence that all these conditions remain unabated at this time.
The property owner’s representative and her counsel have been in contact with staff concerning the property owner’s plans to proceed to abate the nuisance conditions and those parties met Item #6A
City Council Meeting
November 15, 2022
early last week to discuss costs due for prior activities planned on the property and for the city’s cost incurred to date to identify the violations and the corrective actions. At that time the question of a schedule to be provided by the property owner’s representative, who has expressed the intention to voluntarily abate the violations, was discussed but was left unresolved. Staff will follow up with the property owner’s representative to ensure the several abatement activities by the property owner or the City proceed as expeditiously, effectively, economically and efficiently as possible.
The Notice to Abate authorized by Resolution 2022-81, was posted on the property, mailed to the property owner, and published in the Hollister Free Lance giving notice of the date and time of this public hearing. Unfortunately, the newspaper was unable to meet the 15-day publication period required by SJBMC 13-1-420 and in order to ensure that at least 15 days have elapsed between publication and any final action, after tonight’s hearing, it will be necessary that the hearing be continued to a date and time to be announced this evening.
DISCUSSION:
The public hearing and the City Council’s subsequent obligation by resolution (copy of draft Resolution attached as Exhibit C) to allow or to overrule any objections to the proposed abatement represents the next step in a process defined in the SJBMC that, if no objections are lodged or all objections are overruled, would result in the City Manager being empowered to abate the nuisance, with the abatement work performed by city employees or by independent contractors or a mix of the two. The City Manager and his authorized representatives are allowed to enter private property for this purpose. However, prior to abatement by the City, the property owner may abate the nuisance at its expense. The City Manager is required to keep an accurate account of the City’s abatement costs and to subsequently submit a final itemized written report for confirmation by the City Council at a regular meeting. At that time the City Council would hear objections by the property owner to the costs assessed for the abatement and modify or confirm the report as the City Council may determine. The property owner would then have the opportunity to pay such costs prior to the filing of the report of costs with the County Tax Collector for collection of the city’s costs as a special assessment on the next regular tax bill.
STAFF RECOMMENDATION: At this time it is recommended that the City Council (1) Open a public hearing in accordance with SJBMC Sec. 13-1-425 to hear and consider objections to the proposed abatement of a public nuisance at 451 San Juan Hollister Road; and (2) Continue the hearing to a date and time certain as stated in the order of continuance.
Exhibit A – Resolution 2022-81
Exhibit B – Notice to Abate
Exhibit C – Draft Resolution After Hearing
Exhibit D – Compliance Orders, 10-Day Notice of Violation & Photographs
11/10/2022
11/10/2022
11/10/2022
11/10/2022