Page | 1 City Council Meeting Minutes (August 15, 2023)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
AUGUST 15, 2023
1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 5:03 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
ROLL CALL Present:
Councilmember Scott Freels
Mayor Pro Tem John Freeman
Councilmember Jackie Morris-Lopez (arrived at 5:05 p.m.) Councilmember EJ Sabathia
Mayor Leslie Q. Jordan
Absent:
Staff Present:
Don Reynolds, City Manager
Robert Rathie, City Attorney
Brian Foucht, Assistant CM/Community Development Director Elizabeth Soto, Deputy City Clerk
1. 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.
b) Conference With Legal Counsel - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section §54956.9 - One (1) potential case No public comment received.
Mayor Jordan recessed to closed session at 5:06 p.m.
Mayor Jordan reconvened to open session at 6:15 p.m.
City Attorney Rathie announced that there was no reportable action during closed session.
Page | 2 City Council Meeting Minutes (August 15, 2023)
2. PRESENTATION
A. July 4, 2023 Fireworks Compliance De-Briefing Fire District Feasibility Study City Manager Don Reynolds reported that this year the city adopted similar policies as last year.
Fire Marshall Charlie Bedolla provided an overview of the July 4th Fireworks season. Hollister Fire, Hollister Fire Department, San Benito County Sheriff’s Deputies, and Code Enforcement from all three agencies worked collaboratively. There were fifty citations issued for illegal fireworks. Hollister Fire responded to 23 fires from June 30 through July 4th. Of those four were confirmed fireworks and one was actually not related to fireworks. Patrol started on June 28th, the day when fireworks sales started. There were 50 pounds of illegal fireworks confiscated.
Fire Marshall Bedolla announced that Fire Chief met the consultant for the Fire District Feasibility Study.
Lieutenant Yerena mentioned that there were 30 calls received but no citations were issued.
The following members of the public commented on the report:
Chris Martorana stated that the city should reconsider the ordinance and consider making all fireworks illegal.
Councilmember Morris-Lopez stated that the Fireworks Ordinance may be something we can reconsider in the future.
3. GENERAL PUBLIC COMMENT
Received public comment from the following members of the pubic:
Terry Thompson, Caltrans
Veronica Ledesma, San Benito COG
Armando Venegas
Laurie Tankersley
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 Accepting a Grant in the amount of $6,322 from the California State Library to Purchase Books via the Zip Book Program and authorize the City Manager to execute the Grant acceptance.
D. Approve a RESOLUTION Applying a 4% Cost of Living Allowance (“COLA”) to City Salaries for Fiscal Year 2023/24.
E. Approve a RESOLUTION Authorizing Closure of Streets for Certain Special Events in 2023.
F. Approve the Minutes of the Special Meeting of June 13, 2023.
G. Approve the Minutes of the Regular Meeting of July 18, 2023.
H. Approve the Minutes of the Special Meeting of August 3, 2023.
I. Approve a RESOLUTION Proclaiming the Termination of Two Loal Emergencies Related to Excessive Winter Storm Affecting the City of San Juan Bautista.
Page | 3 City Council Meeting Minutes (August 15, 2023) No public comment received.
Mayor Jordan announced that item F was being pulled as it had been previously approved during the July 18, 2023 meeting.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Morris-Lopez, Consent Agenda, items A, B, G, H, and I was approved. AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None.
Item C. Item pulled by Mayor Jordan.
Mayor Jordan stated that the correct grant amount should be $6,332.00 The following member of the public commented on the report:
Rochelle Eagen thanked Jonathan Ramos for being a top reader in San Benito County and reading over a million words.
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, Consent Agenda, items C was approved. AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None.
Item D. Item pulled by Iraida Pisano.
Iraida Pisano expressed concerned for the number of employees the city has and the salaries.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Sabathia, Consent Agenda, item D was approved. AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None.
Item E. Item pulled by Councilmember Morris-Lopez.
Councilmember Morris-Lopez commented that she would like to see more information be provided on the street closure.
MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Sabathia, Consent Agenda, item E was approved. AYES: Councilmembers: Freels, Freeman, Sabathia, and Mayor Jordan; NOES: Morris-Lopez; ABSTAIN: None; ABSENT: None.
5. ACTION ITEMS
A. Approve the Appointment of attorney Jon R. Giffen as City Attorney, and Negotiation of an Agreement with Kennedy, Archer & Giffen, a Professional Corporation
City Manager Don Reynolds provided the report and fielded questions from the Council. City Attorney Rathie submitted his resignation effective August 18th. The City conducted a Request Page | 4 City Council Meeting Minutes (August 15, 2023) for Qualifications process and at the July 18th City Council meeting Mayor Jordan and Councilmember Sabathia were appointed to the Ad Hoc Committee. The Ad Hoc Committee interviewed two firms. Kennedy, Archer & Giffen, (“KAG”) was represented in the interview by attorneys Jon R. Giffen and Ryan C. Donlon, who are recommended to serve the City (respectively) as its City Attorney and Deputy City Attorney.
City Attorney Jon R. Giffen commented that he has been practicing for over 30 years and is excited for the opportunity.
The City Council thanked the newly appointed City Attorney Jon Giffen.
No public comment received.
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION Appointing Mr. Jon R. Giffen as its City Attorney, authorize the City to Negotiate an Agreement between the City and Kennedy, Archer & Giffen, PC, and bring the agreement to the Council for Ratification, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
B. Planning Commissioner/Historic Resources Board Vacancy There was one application that was received and was forwarded to the Ad Hoc Committee. The Ad Hoc Committee was comprised by Mayor Pro Tem Freeman and Councilmember MorrisLopez.
Councilmember Morris Lopez recommended the City Council appoint Yolanda Delgado be appointed as Planning Commissioner.
Councilmember Sabathia asked what questions were asked during the interview process. In response, Mayor Pro Tem stated that there was a lengthy conversation between the Ad Hoc Committee but no interview was had.
The following members of the public commented on the report:
Iraida Pisano expressed interest in applying for Planning Commissioner.
Rochelle Eagen expressed she had strong feelings regarding the Planning Commissioner applicant.
City Manager responded that he spoke to Ida Pisano and informed her that City Council needed to go through the process and exhaust the applications that had been received, since the application deadline has passed, and encouraged her to reapply should the application be reopened.
Councilmember Freels stated that he would like to see the application period for Planning Commissioner and expressed concern regarding comments made about the applicant.
Page | 5 City Council Meeting Minutes (August 15, 2023) Mayor Pro Tem Freeman agreed with reopening the application period.
Councilmember Morris-Lopez stated that she was a seated Commissioner when Ms. Delgado was the Chair and enjoyed working with her.
Councilmember Sabathia agreed that the application period should be reopened.
Mayor Jordan that Ms. Delgado as former Commissioner asked pertinent and relevant questions and agreed that the vacancy be filled.
Councilmember Morris-Lopez motioned to appoint the applicant Yolanda Delgado to the Planning Commission for fill a vacancy for a term ending December 2026.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Jordan, to appoint Applicant Yolanda Delgado to the Planning Commission to fill a vacancy for a term ending December 2026 AYES: Councilmember Morris-Lopez and Mayor Jordan; NOES: Councilmembers: Freels, Sabathia, and Mayor Pro Tem Freeman; ABSTAIN: None; ABSENT: None.
Motion Failed.
Motion to reopen the application period for two weeks ending August 29, 2023.
SUBSTITUTE MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, Recommendation from the Ad Hoc Committee to fill a vacancy for a term ending December 2026 AYES: Councilmembers: Freels, Freeman, Sabathia, and Mayor Jordan; NOES: Councilmember Morris-Lopez; ABSTAIN: None; ABSENT: None.
C. Adopt the Strategic Plan and High Level Organizational, Financial and Public Safety Review
City Manager Don Reynolds stated that there was a request for a high level organizational, financial and public safety review. Stacey Bristow from Citygate Associates provided an overview of the High-Level Organizational, Financial, and Law Enforcement review and fielded questions from the Council.
There were 11 overall themes:
Theme 1 – Improvement and protection of water quality
Theme 2 – Investment in infrastructure improvements including sewer, roads, streets, sidewalks, and curbs
Theme 3 – Establishment of appropriate staffing levels
Page | 6 City Council Meeting Minutes (August 15, 2023) Theme 4 – Implementation of thoughtful, smart economic development—specifically in the Downtown area—through General Plan amendments, discussions, and policies related to growth, zoning, and conditions of approval
Theme 5 – Enhancement of business partnerships, incentives, communications, and process improvements
Theme 6 – Enhancement of recreation activities for all with a focus on the youth and seniors Theme 7 – Revitalization of the Downtown area including addressing cleanliness, vacant lots, parking, esthetics, lighting, landscaping, and signage
Theme 8 – General enhancement of communication with City staff and volunteers including messaging, updates, website, and other marketing opportunities; Theme 9 – Public safety review including Sheriff’s Department partnership, code enforcement, and current security services
Theme 10 – Disaster preparedness related to flooding, fires, state mandates, etc.
Theme 11 – Fragmentation of the San Juan Bautista Community Business Association into two competing groups
The following members of the public commented on the report:
Cara Vonk
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION adopting a new City “Strategeic Plan, and High Level Organizational Financial and Public Safety Review,” and its recommended core findings as City policy, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
Mayor Jordan recessed to a break at 7:54 p.m. and reconvened the meeting at 8:05 p.m.
6. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees The City Council reported on meetings they attended.
B. City Council Announcements
Councilmember Freels congratulated Mathew Ely for achieving the rank of Eagle Scout.
Aromas Day will be August 27th.
Councilmember Morris Lopez announced that August 31st is Opioid Awareness Day and asked the community to wear purple in order to bring public awareness. She further added that there were some overdose incidents in the City of Hollister and asked City Attorney and staff to look into having Narcan available in key locations around the city.
The Council thanked the organizers of “San Juan Day” for a successful event.
Page | 7 City Council Meeting Minutes (August 15, 2023) City Manager Reynolds announced that there will be a joint City Council/Planning Commission meeting to discuss the Housing Element.
City Attorney thanked the Council.
C. Treasurer’s Report and Monthly Financial Statements
City Treasurer Michelle Sabathia provided an overview of the Financial Statement for June 2023.
No public comment received.
D. City Manager’s Report
City Manager Don Reynolds provided a PowerPoint presentation, and fielded questions form the Council. Staff received more than twenty applicants received for the Recreation Assistant position.
The groundbreaking ceremony for Sanitary Sewer Force Main Project has been scheduled for September 15th, more information to follow.
Chair Aranda and Commissioner DeVries are part of a Planning Commission Ad Hoc Subcommittee tasked with reviewing Municipal Code 11-04-020 and 030 Mixed Use and Commercial and Industrial Districts of the Zoning Ordinance. The Subcommittee met with business owners to gather information and hear their concerns.
Urban Growth Boundary Chair Martorana mentioned that Urban Growth/Sphere of Influence Committee are not recommending any addition to the area of the city in the sphere of influence, and brought the growth boundary within the city limits. Chair Martorana reviewed the Committees findings, recommendations, and next steps.
No public comments received.
a. Fire Department Update –
Fire Marshall Charlie Bedolla reported that there are five new firefighters that went through the in-house academy, in the process of promoting a training Captain, will be working with OES to offer Community Emergency Response Training. The Fire department is offering Community CPR.
No public comment received.
b. Sheriff Department Update –
Lieutenant Yerena provided an overview of calls and incidents received for July. Staffing levels are down. There is one new hire and three are in the background phase.
Lieutenant Yerena announced that a Commander working at the jail will be retiring after thirty years.
Page | 8 City Council Meeting Minutes (August 15, 2023)
7. Public Hearing / Introduction of Ordinances
A. Open a Public Hearing, Receive Comments from Members of the Pubic, Consider Introducing an Ordinance Revising Title 13 “Violations” by Repealing and Replacing Article 4 “Noticed Nuisance Abatement Procedure” and Article 5 “Emergency Nuisance Abatement Procedure” of Chapter 1 “Enforcement” by Adoption of an Ordinance Entitled “Alternative Public Nuisance Abatement Procedures.” City Attorney Bob Rathie provided the report and fielded questions from the Council. The ordinance allows the city to establish procedures for recovery of abatement and related administrative costs by a nuisance abatement lien on the real property.
Mayor Jordan opened the public hearing
No public comment received.
Mayor Jordan closed the public hearing.
Mayor Pro Tem Freeman
MOTION:
Upon motion by Councilmember Morris-Lopez, and second by Councilmember Sabathia, Ordinance Revising Title 13 “Violations” by Repealing and Replacing Article 4 “Noticed Nuisance Abatement Procedure” and Article 5 “Emergency Nuisance Abatement Procedure” of Chapter 1 “Enforcement” by Adoption of an Ordinance Entitled “Alternative Public Nuisance Abatement Procedures.”, was introduced.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
B. Open a Public Hearing and Receive Comments from Members of the Public; Consider Introduction of an Ordinance Revising Title 11 “Zoning” Section 11-04-110 Regarding Regulation of Large-Scale Retail, Formula Retail, Formula Restaurant Businesses.
City Attorney Bob Rathie provided the report and fielded questions from the Council. Ordinance would establish a purpose for the regulation and describe the three types of businesses that would continue to be regulated - large-scale retail, formula retail and formula restaurant and further describe and define the attributes of “large-scale” retail and “formula” retail and restaurant businesses. Reference to “Visitor accommodations” is deleted in this Ordinance. The proposal Ordinance would exclude as formula businesses banks or credit unions, pharmacies not otherwise located within a large-scale retail business, grocery stores, and gas stations.
Mayor Jordan opened the public hearing
The following member of the public commented on the report:
Cara Vonk questioned the proposed ordinance and was concerned with the formula business exclusions listed on the proposed ordinance.
Page | 9 City Council Meeting Minutes (August 15, 2023) Fran Fitzharris expressed concerned with the proposed ordinance and added that this should be looked at in the future. She further added that this item should be listed earlier on the agenda.
Chris Martorana expressed concerned with the way the ordinance was written and stated that the ordinance needs to be reconsidered.
Item tabled and referred back to staff for further discussion.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Freels, Ordinance Revising Title 11 “Zoning” Section 11-04-110 Regarding Regulation of Large-Scale Retail, Formula Retail, Formula Restaurant Businesses was tabled for further discussion.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
8. 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 10:15 p.m.
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk