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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
APRIL 18, 2023
1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 5:30 p.m. in the Council Chambers, 311 Second Street San Juan Bautista.
TELECONFERENCE NOTICE
Pursuant to California Government Code Section §54953(b)(3), this City Council regular meeting will include teleconference participation by Councilmember EJ Sabathia from Hilton Americas-Houston, 1600 Lamar Street, Houston, Texas 77010. The teleconference location shall be accessible to the public for the open session portion of the meeting pursuant to California Government Code Section §54954.3
PLEDGE OF ALLEGIANCE
ROLL CALL Present:
Mayor Pro Tem John Freeman
Councilmember Scott Freels
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia (via teleconference)
Mayor Leslie Q. Jordan
Absent:
None
Staff Present:
Don Reynolds, City Manager
Robert Rathie, City Attorney
Wendy Cummings, CPA
Elizabeth Soto, Deputy City Clerk
2. CLOSED SESSION – 5:30 P.M.
Anticipated Litigation – California Government Code Section 54956.9(d)(2), conference with legal counsel regarding 16 (eleven) potential cases.
Received written communication via email from the following members of the public:
Steve Io, Inaka Japanese Restaurant
Maya Dizon, resident
Megan Duenas, resident
Eli Duenas 18th, Barrel Tasting Room
Sean Fitzharris, Brewery Twenty-Five
Fran Fitzharris, Brewery Twenty-Five
LeeAnna Brothers, Inaka Japanese Restaurant
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Monica Ramirez, resident
Debbie Hernandez Sweet Pea Antiques
Vickie Sciacqua resident
Zooey Diggory Inaka Japanese Restaurant
Gabriela madrigal resident
Marissa Castaneda
Lori Wilson, Bear’s Hideaway
Austin Io Inaka, Japanese Restaurant
Rhonda Io Inaka, Japanese Restaurant
Mayor Jordan recessed to closed session at 5:38 p.m.
The open session reconvened at 6:01 p.m.
City Attorney Rathie stated that there was no reportable action.
3. PROCLAMATION
The City Council proclaimed:
A. Water Awareness Month, May 2023
B. Fremont Peak Day, April 30, 2023
C. National Preservation Month, May 2023
4. GENERAL PUBLIC COMMENT
Received public comments.
5. CITY COUNCIL ANNOUNCEMENTS
The City Council announced upcoming events.
6. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Waive the Reading of Ordinances and Resolutions on the Agenda Beyond the Title.
C. Approve the Minutes of December 20, 2022.
D. 2023 Weed Abatement Program
E. Approve a RESOLUTION Authorizing Closure of Streets for Certain Special Events in 2023.
F. Amend the Personnel Classification Plan Adding A Recreation Class, and Approving the Part-Time Recreation Assistant Job Description at a Per-Hour Rate of $19.94-$26.72 per Hour.
MOTION:
Upon motion by Councilmember Freels, second by Mayor Pro Tem Freeman, Consent Agenda, items A, B, D, and F was approved. AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None.
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Item C
Received public comment from the following members of the public:
Elia Salinas
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Freels, the Minutes of December 20, 2022 was approved. AYES: Councilmembers: Freels, Freeman, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: Councilmember Morris-Lopez; ABSENT: None.
Item E
Mayor Jordan pointed out that the Rainbow Run event should be June 17 and the Resolution should reflect the date change.
No public comment received.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Pro Tem Freeman, the Authorization of Closure of Streets for Certain Special Events in 2023 was approved as amended.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
7. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committee
Council reported on meeting and conferences they attended.
No public comment received.
B. Treasurer’s Report and Monthly Financial Statements
Wendy Cummings, CPA, provided the report.
The following member of the public commented on the report:
Mrs. Pisano
C. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
Fire Marshall Charlie Bedolla provided an update on the Fire department, staffing, and recruitment. Sherriff Department provided a written report to the City Council.
City Manager Don Reynolds provided a brief report, accompanied by a PowerPoint, regarding city activities and fielded questions from the City Council.
The following members of the public commented on the City Manager’s report:
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Leslie David, BenitoLink
Robert Eliason, BenitoLink
Elia Salinas
Heliena Walton
Fran Fitzharris
Mikolai Altenberg
Tammy Castañeda Huaracha, Doña Esther’s Restaurant
Mrs. Pisano
Bella
Mayor Jordan recessed to a break at 8:02 p.m. and reconvened at 8:13 p.m.
8. PUBLIC HEARING
A. (Second Reading) Adopt an ORDINANCE to Amend Chapter 5.1 and Sections 5-1- 100 and 5-1-105, Repealing Sections, 5-1-150, 5-1-160, and 5-1-170 of Article 1 of Chapter 5.1 of Title 5 “Public Health, Safety and Welfare,” of the City of San Juan Bautista Municipal Code to Adopt By Reference in its Entirety the California Building Standards Code 2022 Edition of the California Fire Code and Appendices, Title 24, Part 9, of the California Code of Regulations, with Certain Exceptions, Modifications and Additions Required by Local Climatic, Geological or Topographical Conditions, and Approving Findings to Support Local Modifications.
Received report City Attorney Rathie and Fire Chief.
Mayor Jordan opened the public hearing, seeing no public comment, the public hearing was closed.
MOTION:
Upon motion by Councilmember Freels, second by Mayor Pro Tem Freeman, ORDINANCE 2023-02 Amending Chapter 5.1 and Sections 5-1-100 and 5-1-105, Repealing Sections, 5-1-150, 5-1-160, and 5-1-170 of Article 1 of Chapter 5.1 of Title 5 “Public Health, Safety and Welfare,” of the City of San Juan Bautista Municipal Code to Adopt By Reference in its Entirety the California Building Standards Code 2022 Edition of the California Fire Code and Appendices, Title 24, Part 9, of the California Code of Regulations, with Certain Exceptions, Modifications and Additions Required by Local Climatic, Geological or Topographical Conditions, and Approving Findings to Support Local Modifications was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
B. (Second Reading) Adopt an ORDINANCE to Amend Chapter 10, Article 1-110 “Code Adoption by Reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to Adopt by Reference Certain of the Parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the Page | 5 (April 18, 2023)
California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code; repealing section 10-1-115.
Received report City Attorney Rathie.
Mayor Jordan opened the public hearing.
The following members from the public commented on the report:
Bella
Public Hearing closed.
MOTION:
Upon motion by Councilmember Mayor Pro Tem Freeman, second by Councilmember Sabathia, ORDINANCE 2023-03 Amend Chapter 10, Article 1-110 “Code Adoption by Reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to Adopt by Reference Certain of the Parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code; repealing section 10-1-115, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
9. ACTION ITEMS
A. San Juan Bautista Sanitary Sewer Force Main to Hollister Project City Manager Reynolds and Paul Greenway provided an overview of the Sanitary Sewer Force Main to Hollister Project and fielded questions from the Council.
Received comments from the following member of public:
Elise Brentnall
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Sabathia, RESOLUTION 2023-25 approving Plans and Specifications for City of San Juan Bautista Sanitary Sewer Force Main to Hollister Project, and authorizing the issuance of the Invitation to Bidders with bids to open on May 26, 2023, at 2:00 p.m, was approved.
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AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
B. End the Imposition of Water Conservation Regulations and Restrictions Due to Severe Drought Required by Municipal Code 64-116
City Manager Reynolds provided the report.
No public comment received.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Pro Tem Freeman, RESOLUTION 2023-26 rescinding Resolution and end the imposition of water conservation regulations and restrictions defined in Municipal Code 6-4-116, while continuing to encourage San Juan Bautista citizens to make water conservation a way of life, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
C. Consider Approval of a Resolution Rescinding the Matter of the Removal or Other Disposition of Parklets
City Manager Reynolds, and City Attorney Robert Rathie provided the report. The City Council adopted Resolution 2023-21 ordering the removal of all parklets and the associated traffic barriers on Third Street on or before April 28, 2023. A notice was issued on March 22, 2023 concerning the removal of all parklets. Parklet owners would be eligible for compensation by the City from the General Fund for the reasonable cost of removal, not to exceed $5.00 per square foot or $800.00, whichever is less.
Councilmember Freels stated that he would be in favor of allowing all parklets to remain until the sunset of the state of emergency regulations. City Attorney Rathie pointed out the new state regulation pertains to food and beverage parklets.
Mayor Pro Tem Freeman stated that he agrees with Councilmember Freels regarding allowing the parklets to remain until January 1, 2024.
Councilmember Morris Lopez commented that the parklets were approved to help out the business during the pandemic but at the previous meeting, the Council voted to remove all parklets. Councilmember Morris-Lopez expressed concern regarding the process of rescinding an already approved resolution.
Councilmember Sabathia asked the Mayor and fellow Councilmembers to commit themselves in action and speech to unifies the roots that currently run deep in the community, and stop pretending it isn’t happening, and would like to see one of the Councilmembers craft an amendment/resolution that unifies the businesses and community on this issue, and would vote on yes on that.
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Mayor Jordan expressed concern with the parklets that have not been used as they were intended.
Mayor Pro Tem Freeman motioned to rescind Resolution 2023-21, and hereby move to extend the existing parklets to January 1, 2024 with no new parklets allowed.
City Attorney Rathie stated that there are four options for the Council to consider:
1. Take no action. Allow Resolution 2023-21 to remain in place and to continue to require removal of all parklets and the traffic barriers associated with the parklets by April 28, 2023, in accordance with the notice given, and offer compensation for their removal as provided.
2. Adopt a resolution rescinding Resolution 2023-21, addressing the ban on new or replacement parklets and providing for continuation of existing parklets associated with food serving and other ABC licensed premises (there are no parklets associated with restaurants that are not also licensed as either ABC Type 42 or Type 47 establishments) to a date certain which cannot be later than January 1, 2024, thereafter to be removed, and ordering the removal of the parklets associated with retail establishments by April 28, 2023 or another date set by the City Council, and readopt the offer of compensation to owners at the time of removal.
3. Adopt a resolution rescinding Resolution 2023-21 and direct that the matter return for further consideration.
4. Take other action as appropriate.
Councilmember Morris-Lopez would like to have this issue revisited in 60 days.
Mayor Pro Tem Freeman motioned to rescind Resolution 2023-21, extend (all) existing parklets to January 1, 2024, and not allow new parklets.
Councilmember Freels asked for an amendment to the motion to include Removal of traffic devices and return the street to a two-way street until January 1, 2024.
Mayor Pro Tem Freeman stated that he preferred to keep the wine barrels and succulents.
Councilmember Freels rescinded his amendment.
City Attorney Rathie suggested Council direct staff to process the retail parklets in a manner consistent with the Municipal Code at no charge. City Attorney Rathie asked the Council if they wish to impose a charge if there was a charge, and further added that Resolution 2023-21 does provide compensation to the parklet owners for the removal of the parklets, and asked if in fact Resolution 2023-21 is rescinded, they may wish to consider whether or not they wish to add compensation for the removal of the parklets.
City Attorney Rathie further added that Resolution 2023-21 did have a provision that allowed all parklet owners would be compensated for the removal of the parklets at a cost of $5 dollars a square foot not to exceed $800 dollars.
Substitute Motion:
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Councilmember Freels asked for an amendment to the motion to include compensation to parklet owners for the removal of the parklets at a cost of $5 dollars a square foot not to exceed $800 dollars.
Robert Rathie clarification of having the process to continue the retail markets in accordance to the Municipal Code would be without charge to the retail.
Councilmember Sabathia asked for clarification on the amended motion, and asked if the retail parklets would be treated as equivalent to the food and beverage parklets? In response, City Attorney Rathie, stated that retail and food and beverage are included.
The following members of the public commented on the report:
Javier Huaracha, Doña Esther
Amy Covington – in support of the parklets
Fran Fitzharris -
Gina Acevedo
Monica Ramirez– in support of the parklets
Patricia Bains– in support of the parklets
Dante Bains– in support of the parklets
LeeAnna Brothers
Andrew Freeman– in support of the parklets
Heliena Walton– in support of the parklets
Zooey Diggory
Salena Kennedy
Elia Salinas
Debbie Hernandez– in support of the parklets
Luke – support food & beverage and remove retail parklets Mikolai Altenberg
Joshua Covington
Tammy Castaneda Huaracha, Doña Esther’s Restaurant
Lizz Sanchez Turner
Teresa Lavagnino
Bella
Margo Tankersley
Wanda Guibert
Ryan
Received written communication via email from the following members of the public:
Chantal Delay support restaurants & business / Monterey Peninsula resident Rebecca Mathews – in support parklets / resident
Sadie Johnson – in support of parklet
Kristina Hastings – in support of parklets
Amelia Mesa-Bains - in support parklets
Stephanie Correia - oppose parklets
Sandra Juarez - oppose parklets
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MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Freels, RESOLUTION 2023-27, rescinding Resolution 2023-21 to rescind Resolution 2023-21, extend (all) existing parklets to January 1, 2024, and not allow new parklets, process the retail parklets in a manner consistent with the Municipal Code at no charge, and provide compensation to the parklet owners for the removal of the parklets, at a cost of $5 dollars a square foot not to exceed $800 dollars.
AYES: Councilmembers: Freels, Freeman, Sabathia, and Mayor Jordan; NOES: Councilmember Morris-Lopez; ABSTAIN: None; ABSENT: None.
D. Determine Specific Times and Place Consistent with Municipal Codes 5-1-166 And 5-16-100, and Authorize Non-Profit Organization Anzar High School Booster Club to Sell Safe and Sane Fireworks for the Fourth of July Holiday City Manager Don Reynolds provided the report.
Received comments from the following members of the public:
Gina Acevedo, Anzar Booster Club
Lara Capiano
Fran Fitzharis
Elia Salinas
Heliena Walton
Mayor Pro Tem Freeman motioned to approve the agreement allowing the Anzar High School Booster Club to sell approved fireworks for the Fourth of July Season but changing the time end the sale of fireworks on July 4th to 7:00 p.m. instead of 10:00 p.m.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Freels, the City Council approved RESOLUTION 2023-28, permitting the Anzar High School Booster Club to sell “safe and sane” fireworks in the City of San Juan Bautista at the Windmill Market, 301 The Alameda between the hours of 9:00 A.M. to 10:00 P.M. commencing at noon on June 30, 2023 and ending at 7:00 p.m. on July 4, 2023 for the Fourth of July 2023 Season, as amended.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
10. DISCUSSION ITEMS
A. Revisiting Zoning Code Section 11-04-110 Regarding Regulation of Large-Scale Retail, Formula Retail, Formula Restaurant and Formula Visitor Accommodations Businesses.
Mayor Jordan requested item to be continued until the next meeting.
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11. ADJOURNMENT
Motion to adjourned the meeting by Mayor Pro Tem Freeman, second by Councilmember Sabathia. All in favor.
There being no other business, Mayor Jordan adjourned the meeting at 11:39 p.m.
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
________________________________
Elizabeth Soto, Deputy City Clerk