CITY OF SAN JUAN BAUTISTA
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2022, at 6:00 P.M.
MINUTES
1. CALL TO ORDER - Mayor Leslie Jordan called the meeting to order at 6:00 p.m. in the City Council Chambers at 311 2nd Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE - Vice Mayor Flores led the Pledge of Allegiance. Mayor Jordan called or a moment of silence for the passing of Ann LaForge.
ROLL CALL
Present: Mayor Jordan, Council Member Edge, Vice Mayor Flores, Council Member Freels, and Council Member Freeman
Staff Present: City Manager Don Reynolds, City Attorney Robert Rathie, and Assistant City Manager Brian Foucht
Ceremonial Items and Swearing In of Council
A. Adopt a Resolution of the City Council of the City of San Juan Bautista Declaring the Results of the General Municipal Election Held on Tuesday, November 8, 2022
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 declaring the results of the November 8, 2022, General Election. The motion was seconded by Council Member Edge. The motion passed on a roll call vote of 5 Yes-0 No.
B. Presentation of Plaques Honoring Retiring City Council Members Mary Edge and Cesar Flores, Retiring Planning Commissioner Jackie Morris Lopez, and Retiring City Treasurer Michelle Sabathia, and Recognition by State Legislature of Council Members Flores and Edge
Senator Caballero's Staffer Vanessa Gonzalez presented plaques and special recognition for outgoing members of the City Council and Planning Commission.
C. Installation of Newly Elected City Council Members Leslie Jordan, EJ Sabathia and Jackie Morris Lopez
County Supervisor Kolin Kosmicki performed the Oath of Offices and swore all new members into their positions.
A quorum of the new City Council membership was established.
Regular City Council Meeting Minutes - December 20, 2022 Page 1
ROLL CALL
Present: Mayor Jordan, Council Member Freels, Council Member Freeman, Council Member Morris-Lopez, and Council Member Sabathia D. Selection of Mayor for a One Year Term
Nominations were received for Leslie Jordan and John Freeman.
Vote was taken for Mayor. Leslie Jordan received the majority of the votes.
E. Selection of Mayor Pro Tem for a One Year Term
Nominations were received for John Freeman, Jackie Morris-Lopez, and EJ Sabathia.
Council Member Morris-Lopez declined the nomination.
Vote was taken for Mayor Pro Tem. John Freeman received the majority of the votes.
3. Public Comment
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
4. Consent Items
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
Approve the Minutes of November 15, 2022 Regular Meeting Approve the Minutes of November 29, 2022 Special Meeting (5:00 p.m.) Approve the Minutes of November 29, 2022, Special Meeting (6:00 p.m.) F. Approve the Minutes of the October 25, 2022 Special Meeting G. Adopta Resolution of the City Council of the City of San Juan Bautista Affirming the City's Conflict of Interest Code Pursuant to Required Biennial Review H. Adopta Resolution of the City Council of the City of San Juan Bautista Accepting the Contract for the Franklin Circle Park Project
I. Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting the Contract for the Verutti Park Restroom Project
Appoint Leslie Jordan to the Economic Development Citizens Advisory Committee (EDCAC)
K. Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting a Conditional Offer and Waiver of Right To Hearing from the Central Coast Regional Water Quality Control Board ("RWQCB"); Settlement Agreement and Stipulated Entry of Administrative Civil Liability ("ACL") Order No. R3-2023-004 Adopt a Resolution of the City Council of the City of San Juan Bautista Approving a Professional Services Agreement with Ridgeline Municipal Strategies LLC to Prepare and Administer Grants and Loans, and Fulfill the City's Requirements Set Forth by the State and Federal Funding Sponsors to Pay for the Environmental Protection Agency Compliance Projects M. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title Regular City Council Meeting Minutes - December 20. 2022 Page 2 A request was made for Items C, D, and F to be discussed and considered separately. Mayor Jordan called for public comment, seeing no one come forward, she closed public comment.
Items A, B, E, G, H. L, J, K, L, and M
A motion was made by Mayor Pro Tem to approve Consent Calendar Items A, B, E, G, H, 1, J, K, L, and M. The motion was seconded by Council Member Morris-Lopez.
Vote on Motion to approve Consent Calendar Items A, B, G, H, I, J, K, L, and M. The motion passed on a roll call vote of 5 Yes-0 No.
Vote on Motion to approve Consent Calendar Item E. The motion passed on a roll call vote of 4 Yes- 0 No-1 Abstain (Sabathia).
Item C
Mayor Jordan requested corrections noting Council Member Edge was present, but noted as absent; Fran Fitzharris' application.
City Attorney Rathie noted amendments for the Public Hearing regarding the abatement. He requested language be added stating "Property Owner Cynthia Orozco objected and stated she was not given the opportunity to abate as the city took the lead role and it is her intent to abate the nuisance and resolve the situation as soon as possible, which would be in accordance with the resolution."
A motion was made by Vice Mayor Freeman to approve Consent Agenda Item C, as amended. The motion was seconded by Council Member Edge. The motion passed on a roll call vote of 5 Yes-0 No.
Item D
City Attorney Rathie noted amendments for the Public Hearing regarding the abatement. He requested language be added stating "Property Owner Cynthia Orozco objected and stated she was not given the opportunity to abate as the city took the lead role and it is her intent to abate the nuisance and resolve the situation as soon as possible, which would be in accordance with the resolution."
A motion was made by Mayor Pro Tem Freeman to approve Consent Calendar Item D, as amended.
The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 5 Yes-0 No.
Item F
City Attorney Rathie noted amendments for Item 3.b. regarding the abatement. He requested language be added stating "Property Owner Cynthia Orozco objected and stated she was not given the opportunity to abate as the city took the lead role and it is her intent to abate the nuisance and resolve the situation as soon as possible, which would be in accordance with the resolution." Regular City Council Meeting Minutes - December 20, 2022 Page 3 Mayor Jordan noted a spelling error of the word is under Item 3.b. to be corrected.
A motion was made by Mayor Pro Tem Freeman to approve Consent Calendar Item D, as amended.
The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 5 Yes-0 No.
5. Presentations, Proclamations, Informational Items and Reports Ralph M. Brown Act Introduction/Refresher - City Attorney Bob Rathie City Attorney Rathie presented on the Ralph M. Brown Act, accompanied by a PowerPoint, and fielded questions from the Council.
B. City Council and Staff Announcements
All Council Members wished everyone Happy Holidays.
Council Member Freels requested the City' support for the Sixth Grader's science camp held in January and read a letter received by Katie Shear regarding the schools.
Mayor Jordan announced an upcoming ribbon cutting.
City Manager Reynolds announced City Hall holiday closures.
C. Reports from City Council Representatives to Regional Organizations and Committees
Mayor Pro Tem Freeman reported on the Water Resources Board and Integrated Waste Management Committee meetings.
There were no other reports.
D. Treasurer's Report and Monthly Financial Statements
City's Certified Public Accountant Wendy Cummings provided a brief summary of the staff report and fielded questions from the Council.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
E. City Manager's Report
a. Fire Department Update
b. Sheriff Department Update
C. Commercial Truck Traffic
City Manager Reynolds provided a report, accompanied by a PowerPoint, regarding general matters of the City and fielded questions from the City Council.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Regular City Council Meeting Minutes - December 20, 2022 Page 4 Mayor Jordan requested to hear the agenda out of order and go to Item 7.F. Hearing no objection from the City Council, the agenda was heard out of order.
7. F. Ordinance for Selection of Planning Commissioners - Council Member Freeman Mayor Pro Tem Freeman presented the report and requested an ordinance amendment for the entirety of the City Council consider all applications together.
Council Member Freels stated he preferred each Council Member appoint their own Planning Commissioner to a seat.
Council Member Morris-Lopez stated she preferred the process remain as stated in the current ordinance and it be an open process.
Council Member Sabathia stated he preferred the process remain as stated in the current ordinance.
Mayor Jordan stated she preferred the process remain as stated in the current ordinance.
Mayor Jordan called for public comment.
David Medeiros testified he supported the full Council vet and select the Planning Commission Members.
Seeing no further comment, Mayor Jordan closed public comment.
Direction was given to staff to not brig an ordinance back.
6. Action Items
A. Select Ad Hoc Committee to Interview Candidates to Fill Four (4) Vacancies on the Planning Commission
Mayor Pro Tem Freeman, Council Member Freels, Council Member Sabathia, and Mayor Jordan volunteered.
Mayor Pro Tem Freeman and Council Member Freels withdrew.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Council Member Morris-Lopez to appoint Mayor Jordan and Council Member Sabathia to serve on the Ad Hoc Committee. The motion was seconded by Council Member Freels.
The motion passed on a roll call vote of 5 Yes-0 No.
B. Select Check Signers for City Bank Account
City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Regular City Council Meeting Minutes - December 20, 2022 Page 5 A motion was made by Mayor Pro Tem Freeman to add Council Members Freels and Morris-Lopez as check signers. The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 5 Yes-0 No.
C. Discuss Disposition of Parklet and Direct Staff Accordingly Assistant City Manager Foucht presented the staff report, accompanied by a PowerPoint, and fielded questions from the City Council.
Council Member Freels stated he was not in favor of the disposition of the parklets until the Governor's final decision was regarding COVID emergencies and to see how it plays out for the remainder of the winter. He stated he wanted to see the 3rd Street Master Plan to move forward.
Mayor Pro Tem Freeman suggested charging rent for the parklets and to wait until at least February to bring something back for consideration.
Council Member Morris-Lopez suggested removing them for retail, but keep them for food and beverage establishments.
Council Member Sabathia said he was comfortable making the decision now with a contingency of changing it dependent on future need.
Mayor Jordan stated she would like to see assistance provided to defray costs for removal.
Mayor Jordan called for public comment.
David Medeiros supported the disposition of the parklets.
Seeing no further comment, Mayor Jordan closed the public comment.
Direction was given to staff to prepare a resolution for a future agenda to remove encroachments, remove for retail, and support to defray the costs of removal.
Discussion Items
A. Noise Ordinance
Mayor Jordan called for a recess at 9:00 p.m. The meeting reconvened at 9:07 p.m.
City Attorney Rathie presented the staff report and fielded questions from the City Council.
Council Members discussed the need to have a baseline to be objective, decibel level be established, and consideration be made for construction and rental facilities.
Mayor Jordan called for public comment.
City Manager Reynolds read Judy Cain's public comments.
Regular City Council Meeting Minutes - December 20, 2022 Page 6 Seeing no further comment, Mayor Jordan closed the public comment.
City Manager Reynolds noted staff received clear direction on how staff should proceed.
B. Authorize Staff to Post Notice Accepting Applications for City Treasurer Appointment
City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Consensus from the Council was to move forward as recommended by staff.
C. Update City Clerk Ordinance to Reflect Appointment Process City Manager Reynolds presented the staff report
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Consensus from the Council was to move forward as recommended by staff.
D. City Calendar: Reschedule January Regular Council Meeting to January 24, 2022 (due to Conflict with New Mayors and Council Members Academy in Sacramento on January 18), and Close City Hall the week of December 26.
City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Consensus from the Council was to move forward as recommended by staff.
E. Use of Community Hall for Local Seniors - Mary Edge
City Manager Reynolds and Mayor Jordan presented the staff report.
Mayor Jordan called for public comment.
Teresa Lavagnino commented on the status of the acoustics and construction/remodel work planned for the future.
Seeing no further comment, Mayor Jordan closed public comment.
Consensus from the Council was to move forward as recommended by staff F. Ordinance for Selection of Planning Commissioners - Council Member Freeman Item 7.F was heard out of order prior to Item 6.
Regular City Council Meeting Minutes - December 20, 2022 Page 7
8. Adjournment
There being no further business, Mayor Jordan adjourned the meeting at 9:42 p.m.
Respectfully submitted,
for 12
Don Reynolds, City Manager/Acting City Clerk
Regular City Council Meeting Minutes - December 20, 2022 Page 8