Page | 1 City Council Meeting Minutes (July 18, 2023)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
JULY 18, 2023
1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 5:04 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
ROLL CALL Present:
Mayor Pro Tem John Freeman
Councilmember Scott Freels
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan (in person)
Absent:
Staff Present:
Don Reynolds, City Manager
Robert Rathie, City Attorney
Brian Foucht, Assistant CM/Community Development Director Wendy Cummings, CPA
Elizabeth Soto, Deputy City Clerk
2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
a. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Manager.
Mayor Jordan recessed to closed session at 5:06 p.m.
Mayor Jordan reconvened to open session at 6:13 p.m.
City Attorney Rathie announced that there was no reportable action during closed session.
3. PROCLAMATION
The City Council proclaimed:
A. National Health Center Week, August 6-12, 2023
B. Agricultural Worker Health Center Day, August 8, 2023 Page | 2 City Council Meeting Minutes (July 18, 2023)
4. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Waive the Reading of Ordinances and Resolutions on the Agenda Beyond the Title.
C. Approve a RESOLUTION Confirming the Continued Existence of Two Local Emergencies Related to Excessive Winter Storms Affecting the City of San Juan Bautista.
D. Approve a RESOLUTION Making Certain Findings and Determinations in Compliance with Section XIIB of the California Constitution (Gann Initiative).
E. Approve a RESOLUTION Awarding a Contract for the Community Hall Acoustical Upgrade Project to Pacific Sound Control in the amount of $85,500; Approve a project Contingency Fund for $8,550; Approve $15,000 for Construction and Inspection Services; and Authorize the City Manager to Approve Potential Contract Change Orders and other Construction Contingencies within said Fund.
F. Approve the Special Meeting Minutes of May 25, 2023.
G. Approve the Special Community Town Hall Meeting Minutes of June 2, 2023.
H. Approve the Special Implementation Planning Session Meeting Minutes of June 3, 2023.
I. Approve the Special Budget Meeting Minutes of June 6, 2023.
J. Approve the Special Meeting Minutes of June 13, 2023.
No public comment received.
MOTION:
Upon motion by Councilmember Freels, second by Mayor Pro Tem Freeman, Consent Agenda, items A-J was approved. AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None.
5. PUBLIC HEARING
A. Resolution for Approval of the Annual Levy Community Facilities District (CFD No. 2018-01 (“Copperleaf” and “Rancho Vista” Neighborhoods) City Manager don Reynolds provided the report.
One District (CFD 2018-1) with two Zones: Zone 1- Copperleaf; Zone 2- Rancho Vista Increase Zone 1 by 5.59%, $22.30 dollars from $487.68 to $514.98 Increase Zone 2 by 3.30%, $25.36 dollars from $768.50 to $793.86 Mayor Jordan opened the public hearing
No public comment received.
Mayor Jordan closed the public hearing.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by councilmember Sabathia, the Resolution Levying the Annual Special Tax for Fiscal Year 2023/24 for Community Facilities District No.
Page | 3 City Council Meeting Minutes (July 18, 2023)
2018-011was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
6. GENERAL PUBLIC COMMENT
Received public comment from the following members of the public:
Darlene Boyd
Laurie Tankersley
Bella Marquez
Michael Ponce
7. PRESENTATION
A. Fire District Feasibility Study
Fire Chief Martin Del Campo provided the report. AP Triton will be doing the feasibility study.
The process can take between six to nine months. The study will review the process to create a fire district.
No public comment received.
B. July 4, 2023 Fireworks Compliance De-Briefing
Item was tabled to the next meeting.
8. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committee
Council reported on meetings they attended.
No public comment received.
B. Treasurer’s Report and Monthly Financial Statements
Michelle Sabathia, City Treasurer, provided the report.
No public comment received.
C. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
Fire Marshall Charlie Bedolla provided an update on the Fire department service calls. Fire Marshall Bedolla announced that there will be a be a swearing in ceremony on Friday, July 28, 2023, for the five new probationary firefighters, at 3:00 p.m. in Station 1, and invited the Council to attend.
City Manager Don Reynolds provided a brief report, accompanied by a PowerPoint, regarding Page | 4 City Council Meeting Minutes (July 18, 2023)
city activities and fielded questions from the City Council.
The following members of the public commented on the City Manager’s report:
Mayor Jordan recessed to a short break at 8:02 p.m. and reconvened at 8:13 p.m.
9. ACTION ITEMS
A. Designate League of California Cities Voting Delegate Deputy City Clerk Elizabeth Soto provided the report. A voting delegate is a councilmember that will be representing the City of San Juan Bautista at the General Assembly. Delegates during the General Assembly will be voting on resolutions, which if approved, become Cal Cities policy.
Mayor Jordan nominated Councilmember Morris-Lopez as the Voting Delegate and Mayor Pro Tem Freeman as the Alternate.
No public comment received.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Freels, the City Council approved the designation of Councilmember Morris-Lopez as Voting Delegate and Mayor Pro Tem Freeman as Alternate for the League of California Cities Annual Conference and Expo, September 20-22, 2023.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
B. Accept First Annual Report of the Economic Development Citizen Advisory Committee (EDCAC) - a Standing Committee of the City Council for Business Improvement, Resiliency, and Overall Community Economic Development Item was tabled to the next meeting.
C. Approve the Amended Agreement with City of Hollister for Domestic Wastewater Treatment and Disposal
City Manager Don Reynolds announced stated that the City Council approved the agreement on May 16th, 2023 and was considered for approval by the City of Hollister at their June 20th, 2023 meeting.
Due to the length of the Term (40 years plus possible further extensions) Hollister asked for a cap equal to the 40-year growth projection Treating 160,000 gallons per day now; projected to peak at 430,000 gpd Agreement amended so as to not exceed 430,000 (.43 mgpd) gpd Page | 5 City Council Meeting Minutes (July 18, 2023)
The following members of the public commented on the report:
Michael Ponce
Doug Pike
City Attorney Rathie stated that the amended agreement would supersede the agreement (in its entirety) approved by Council on May 16, 2023.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Sabathia, the RESOLUTION Authorizing the Mayor to Execute the Amended Agreement for Domestic Wastewater Treatment and Disposal with the City of Hollister, as amended, was approved.
AYES: Councilmembers: Freels, Freeman, Sabathia, and Mayor Jordan; NOES: Councilmember Morris-Lopez; ABSTAIN: None; ABSENT: None.
D. Approve the Purchase of Environmental Conservation Credits Related to the Decommissioning of the Wastewater Treatment Plan
City Manager Don Reynolds provided the report and fielded questions from the Council. The purchase of conservation credits is to mitigate the adverse environmental impacts caused by the decommissioning of the wastewater treatment plant as a result of building the City’s new sewer force main project.
The following members of the pubic commented on the report:
Michael Ponce
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, the RESOLUTION Authorizing the City Manager to Execute an Agreement for the Purchase of Conservation Credits in the amount of $468,000 to Mitigate the Unavoidable Adverse Impacts caused by Building the Sewer Force Main to Hollister, and the Decommission of the Wastewater Treatment Plant, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
Councilmember Freels; ABSTAIN: None; ABSENT: None.
E. Accept the 2022-23 Pavement Management Program Project Improvements, Which Include Streets, Curb and Gutter, Sidewalk, and ADA Compliant Ramp, and Release All Retentions and Performance Bonds to McKim Construction City Manager Don Reynolds provided the report and fielded questions from the Council.
No public comment received.
Page | 6 City Council Meeting Minutes (July 18, 2023)
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, Approved a RESOLUTION accepting the 2022-23 pavement management program project improvements, which include streets, curb and gutter, sidewalk, and ADA compliant ramp, and release all retentions and performance bonds to McKim Construction and close the project, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
F. Appoint a City Attorney Ad-Hoc Selection Subcommittee No public comment received.
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, Councilmember Sabathia and Mayor Jordan were appointed to the City Attorney Ad-Hoc Selection Committee and Approved the Selection Process Outlined in the Attached Request for Qualifications (“RFQ”), was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
G. Planning Commission/Historic Resources Board Vacancy No public comment received.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Freels, Mayor Pro Tem Freeman and Councilmember Morris-Lopez were appointed to the Ad Hoc Committee to Review Candidate Applications for Planning Commission/Historic Resources Board and make a Recommendation to the City Council, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
10. DISCUSSION ITEMS
A. Accept The San Benito County Comprehensive Economic Development Strategy (CEDS); Consider Planning Commission Additional Community And Staff Recommendations
Brian Fouch, Assistant City Manager/Community Development Director introduced consultant Marie Jones. Assistant City Manager Fouch and Ms. Jones reviewed the San Benito County Comprehensive Economic Development Strategy (CEDS). The CEDS is a 5-year strategydriven plan that is a partnership between the County of San Benito, the Cities of Hollister and San Juan Bautista, and the EDC. The CEDS contributes to effective economic development in Page | 7 City Council Meeting Minutes (July 18, 2023)
communities and regions through a locally-based, regionally-driven planning process that engages economic agencies; community leaders; educators; and the public, private, and nonprofit sectors in meaningful conversations and debate about what best serves economic development in the region. It will establish a strategic “roadmap” for regional collaboration and prosperity and builds on the strengths of the region as well as identifies gaps in resources or expertise.
No public comment received.
B. Discuss financing options for City of San Juan Bautista Sanitary Sewer Force Main To Hollister Project
City Manager Don Reynolds introduced Paul Greenway, Doug Pike, Jerry Sanguinetti, Gabe Arnold. Dmitry Semenov, Ridgeline Municipal Strategies, LLC, presented Financing Plan Summary for Wastewater System Compliance Project.
The following members of the public commented on the report:
Michael Ponce
C. Revising Title 13 “Violations” by Repealing and Replacing Article 4 “Noticed Nuisance Abatement Procedure” and Article 5 “Emergency Nuisance Abatement Procedures” of Chapter 1 “Enforcement” by Adoption of an Ordinance Entitled “Alternative Public Nuisance Abatement Procedures.”
The item was table to the next meeting.
D. Revisiting Zoning Code Section 11-04-110 Regarding Regulation of Large-Scale Retail Business, Formula Retail or Formula Restaurant Business, and Formula Visitor Accommodations.
The item was tabled to the next meeting.
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 9:34 p.m. Motion to adjourn by Councilmember Sabathia, second by Mayor Pro Tem Freeman.
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
Page | 8 City Council Meeting Minutes (July 18, 2023)
ATTEST:
________________________________
Elizabeth Soto, Deputy City Clerk