Page | 1 City Council Meeting Minutes (September 19, 2023)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
SEPTEMBER 19, 2023
1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 6:01 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
Councilmember Morris-Lopez led the pledge of allegiance.
ROLL CALL Present:
Councilmember Scott Freels
Mayor Pro Tem John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan
Absent:
Staff Present:
Don Reynolds, City Manager
Jon R Giffen, City Attorney
Brian Foucht, Assistant CM/Community Development Director Elizabeth Soto, Deputy City Clerk
2. PROCLAMATION
The City of San Juan Bautista proclaimed:
Childhood Cancer Awareness Month, September 2023 – Honoring Jacob’s Heart Children’s Cancer Support Services. Council Member Morris Lopez made the presentation to Allyssa GilOjeda and Jenna Vasquez.
Feeding America - Hunger Action Month, September 2023 (Community Food Bank of San Benito County). Council Member Sabathia presented a proclamation to Executive Director Sarah Nordwick and Food Bank Volunteers who work tirelessly to distribute food to the hungry in San Benito County.
Mayor Jordan asked council for permission to read a certificate from Assemblymember Robert Rivas of the California State Legislature renaming the Business District. The certificate was presented to local members of the San Juan Business Association.
3. PRESENTATION
A. San Benito Arts Council Update
Page | 2 City Council Meeting Minutes (September 19, 2023) Jennifer Laine, Executive Director, San Benito County Arts Council, provided an update on the Washington Street overpass mural, and the Library mural.
The following members of the public commented on the report:
Rochelle Eagen, Library Lead Tech, provided written comments stating the dimensions of the Library mural are 7 ½ feet by 8 feet tall, and has issue with the mural size and location at the Library.
4. GENERAL PUBLIC COMMENT
Received comments from the following members of the public:
Ida Pisano
Celeste Toledo Bocanegra
Laurie Tankersley
Heliena Walton
5. ADMINISTRATIVE REPORT
A. Treasurer’s Report and Monthly Financial Statements
City Treasurer Michelle Sabathia provided an overview of the financial statement for July 2023.
No public comment received.
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 a RESOLUTION Authorizing a Street Closure for a Special Event on Second Street between Washington and Mariposa Street.
D. Approve a Retention of Firm and Assignment of Attorneys Agreement between the City and Kennedy, Archer & Giffen (KAG), a Professional Corporation.
E. Approve the Minutes of the Regular Meeting of August 15, 2023.
MOTION:
Upon motion by Councilmember Freels, second by Mayor Pro Tem Freeman, Consent Agenda, items A-E, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
7. PUBLIC HEARING
A. Draft 2023-2031 Housing Element of the General Plan
Brian Foucht, Community Development Director, provided an update to the process and advised that the goal is to submit the approved Housing Element before the end of the year. He then introduced Isaac George with Realty Planning Group. Mr. George provided the updated Draft Page | 3 City Council Meeting Minutes (September 19, 2023) 2023-2031 Housing Element of the General Plan and the next steps necessary before submitting the Housing Element for HCD (Housing and Community Development) review. He explained the new requirement for cities, the Fair Housing Analysis, which involves outreach, an assessment of fair housing in the community, whether the city has enough sites for growth, and the contributing factors, goals and actions that will need to be taken. He found that the city does not have any racially concentrated areas of influence, but does have a high median income for a city of its size.
The Housing Element and the Fair Housing Analysis, together with any recommended changes, need to be submitted to the California Department of Housing and Community Development for review and approval.
Mayor Jordan asked for comments from the City Council.
Councilmember Freels commented he doesn’t want the state telling us what to do and does not want the city to become suburbia.
Mayor Pro Tem Freeman stated we have a good plan and recommends approving it.
Councilmember Morris-Lopez does not agree with the State of California with their “one size fits all” approach, and she is concerned that the sphere of influence (SOI) presented in the Housing Element does not represent the SOI currently being developed by the community. Additionally, she commented that the small turnout at the meeting held for community input on the Housing Element, represents lack of transparency with the process.
Councilmember Sabathia stated the SOI map in the HE presented tonight is the approved map from years past, and it’s important that the HE gets submitted to HCD so we can get the conversation started. He also commented on lack of affordable housing in the city; stating there are families that are hurting, and business owners as well. It would be nice to have some options for them.
Mayor Jordan commented, we need to start talking about this part to make revisions if warranted before it is adopted, and it is disconcerting that public meetings are held and not many show up to receive the information and provide input, and infill seems to be reasonable.
Mayor Jordan asked staff if the SOI map in the HE was ever approved by Council or approved by LAFCO. City Manager Reynolds responded that the 2016 Sphere of Influence map was not approved by LAFCO.
There was further discussion about the SOI and the southside component and the SOI/UGB ad hoc committee.
Mayor Jordan asked staff, what happens if we don’t go with RHNA (Regional Housing Needs Assessment) numbers, or if we choose not to go with the state’s decisions. Community Development Director Foucht responded, then HCD will not certify the Housing Element.
Councilmember Sabathia commented he was concerned that the Ad Hoc committee was not diverse.
Page | 4 City Council Meeting Minutes (September 19, 2023) Mayor Jordan asked for clarification on the CEQA Common Sense Exemption on page 34 of the slide presentation. Mr. George responded, the Housing Element document carries the CEQA Common Sense Exemption, however, a construction project may or may not be exempt from CEQA.
The following members of the public commented on the report:
Cara Vonk
Aida Pisano
Mayor Jordan closed the public hearing.
Mayor Pro Tem Freeman stated, in regard to development, a percentage of housing for low income needs to be built into each project.
Councilmember Morris-Lopez commented that the RHNA number is a big disservice because the bulk of the building goes to moderately high-income earners and not low-income earners.
Councilmember Sabathia stated he would support dedicating 100% allocation to medium density, low-income housing being built in the city.
Mayor Jordan commented this is a generational community dating back to the beginning, but residents under 40 are moving because they can’t afford to live here.
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION Accepting the Draft 2023-2031 General Plan Housing Element and Fair Housing Analysis; and Authorize Staff to forward the Housing Element and the Fair Housing Analysis to the State of California Department of Housing and Community Development (HCD) for Review and Approval, 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 8:22 p.m. and reconvened at 8:28 p.m.
8. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees The City Council reported on the meetings they attended.
Councilmember Freels reported on upcoming COG events; a town hall meeting with CalTrans Commission at Paine’s Restaurant in Hollister, followed by a reception at Jardines de San Juan, tomorrow, Wednesday, September 20th.
Mayor Pro Tem Freeman reported on 3CE budget passed at a recent meeting which supports community savings for energy, and AMBAG where they passed the methodology for RHNA numbers.
Page | 5 City Council Meeting Minutes (September 19, 2023) Councilmember Morris-Lopez attended the Intergovernmental Committee meeting where they discussed traffic calming on city streets and proposed no left hand turns on Hwy 156 on account of recent accidents. She also attended a COG meeting where they went into closed session but she was not able to participate because she was attending as the City’s alternate member.
Councilmember Sabathia had nothing to report.
Mayor Jordan reported she attended Community Vision for San Benito County put on by Benitolink and announced future sessions. She also attended the LAFCo meeting where they hired an executive director, whom by coincidence also performs our MSR (Municipal Service Review) and attended Senior’s meetings supporting county as well as our city seniors. Mayor Jordan stated she has also been involved with getting funding for the mission and reported the Old Mission San Juan Bautista together with the State Park received $3 million in grants.
B. City Council Announcements
Councilmember Freels asked to move City Announcements back up to the beginning of the agenda and asked to add a low-speed vehicle presentation to a future agenda with a proclamation for encouraging low speed vehicles in the city. Councilmember Freels expressed his condolences to the Vaccarezza family for the loss of long time San Juan Bautista resident Ken Vaccarezza who passed away today at the age of 99 years old.
Mayor Pro Tem Freeman commented that our Public Works team is doing a good job striping at intersections in residential areas of the city.
Councilmember Morris-Lopez will be attending the League of California Cities Annual Conference tomorrow and will provide a report at the next meeting. She also reported that although it is too late for this year, she would like to have a Proclamation next year for National Physician Assistant Week, the first week of October 2024.
Mayor Jordan mentioned again and thanked those involved with obtaining grant funds for the Old Mission San Juan Bautista from Save America’s Treasurers.
C. City Manager’s Report
City Manager Don Reynolds provided an overview of what is happening in the different departments and projects, including completing personnel evaluations, interviewing for Recreation Assistant; plans for a Harvest Festival; water project ground breaking, ongoing meetings, website development; sale and removal of the pellet plant; moving ahead with permanent Microvi water treatment plant; anticipated 26 unit construction by Elite Development behind the sewer treatment plant; and Citygate’s AUD Pod on the city website that provides a twenty-minute narrative of their Organizational Study.
The following members of the public commented on the report:
Cara Vonk
Page | 6 City Council Meeting Minutes (September 19, 2023) a. Fire Department Update
Nothing to report.
b. Sheriff Department Update
Lieutenant Yerena reported on the incidents, calls and arrests made during the month of August as well as an update on changes within the department that have resulted in a staff shortage.
9. ACTION ITEMS
A. Regional Early Action Planning 2.0 (REAP 2.0) Local Suballocation Grant Program (LSGP)
Assistant City Manager/Community Development Director Brian Foucht reported the City received REAP funding in the amount of $85,000 for the Third Street Master Plan. He then responded to questions from the Council.
No public comment received.
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION authorizing the City Manager to execute an MOU with AMBAG authorizing the use of REAP 2.0 Grant funds for the Third Street Master Plan project, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
B. Reimbursement Agreement Between the City and County of San Benito Regarding the Sanitary Sewer Force Main to Hollister Project
City Manager Don Reynolds provided the report. The current conditions of the County roads for the Project route need repair, and the opportunity to expand the City’s pavement of a 3-foot-wide trench to include the entire street-width, is good planning if it can be done. Last fiscal year, the County was able to identify a funding source for this extra work. It has successfully set-aside $4 million in its Capital Improvement Plan for this Fiscal Year. The proposed Reimbursement Agreement formalizes this arrangement.
No public comment received.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Freels, RESOLUTION and Reimbursement Agreement between the City of San Juan Bautista and the County of San Benito whereby as part of its Project, the City will construct street improvements beyond that work which is related to it, on County roads, and the County will reimburse the City for an amount does not exceed $4 million, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
Page | 7 City Council Meeting Minutes (September 19, 2023) C. Approve Public Safety Coordinator and Community Services Officer Job Description
City Manager Don Reynolds provided the report and then clarified the intent and savings to the city by using non contracted personnel for public safety in the city. The two positions would eliminate the current Code Enforcement position and private security.
Mayor Jordan asked for clarification regarding the education component on the job description of the Public Safety Coordinator. In response, City Manager Reynolds stated “related field” can be someone that is retired in public safety with supervisory and management experience. It is preferred but not required.
No public comment received.
Councilmember Morris-Lopez referenced the education requirement for the Community Services Officer, and asked if it would be considered to have a two-year AA or AS degree based on the responsibilities the position has. Councilmember Freels and Sabathia disagreed. It is an entry level position. Councilmember Morris-Lopez stated that she would like to have the word “preferred” for the position of the community services officer. Mayor Pro Tem Freeman stated that it is difficult to find personnel and we should not be too restrictive and added that it is not inclusive language. Councilmember Sabathia stated that he would hate to limit the applicant.
The position is an entry level position that the applicant can grow into.
Councilmember Morris-Lopez requested to amend the Community Services Officer job description to add “preferred” AA or AS degree.
SUBSTITUTE MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Jordan, to approve the Public Safety Coordinator and amend the Community Services Officer Job Descriptions and initiate recruitment to fill these openings.
AYES: Councilmember Morris-Lopez and Mayor Jordan; NOES: Councilmembers: Freels, Freeman, and Sabathia. ABSTAIN: None; ABSENT: None.
Motion failed.
MOTION:
Upon motion by Mayor Pro Tem Freeman, second by Councilmember Sabathia, RESOLUTION adopting the Public Safety Coordinator and Community Services Officer Job Descriptions and initiate recruitment to fill these openings, was approved.
AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None.
D. Agreement with Flock Group, Inc. to Install and Operate a Citywide Security Camera System
Page | 8 City Council Meeting Minutes (September 19, 2023) Item was continued to the next meeting.
E. 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.” (Second Reading) Item was continued to the next meeting.
10. ADJOURNMENT
Motion to adjourned the meeting by Councilmember Sabathia, second by Mayor Pro Tem Freeman. All in favor.
There being no other business, Mayor Jordan adjourned the meeting at 10:09 p.m.
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk