Page | 1 City Council Meeting Minutes (July 16, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
JULY 16, 2024
1. CALL TO ORDER
Mayor Pro Tem Jordan called the City Council meeting to order at 6:14 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
Councilmember John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Pro Tem Leslie Q. Jordan
Absent:
Mayor Scott Freels
Staff Present:
Don Reynolds, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Mayor Pro Tem moved item 9.A to the front end of the agenda.
2. INTRODUCTION
A. Introduce Code Enforcement and Community Services Officer Oscar Soto.
Roy Morales, Public Safety Coordinator introduced newly hired Code Enforcement and Community Services Officer Oscar Soto. Mr. Soto comes to the city with 30 years of experience in construction, law enforcement, and code enforcement.
The City Council welcomed Mr. Oscar Soto.
3. PROCLAMATION
A. Proclamation to honor the retirement of Code Enforcement Officer Richard “Rich” Brown.
The City commended Code Enforcement Officer Rich Brown on his retirement.
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4. PRESENTATION
A. San Benito Agricultural Land Trust, Conserving Agricultural Land and Open Space in San Benito County
Lynn Overtree, Executive Director, of San Benito Agricultural Land Trust discussed the importance of conserving agricultural land and open space in San Benito County, highlighting the work and programs of the San Benito Agricultural Land Trust (SBALT) and the benefits to agriculture and the community.
The City Council thanked Ms. Overtree for her presentation.
No public comments were received.
5. PUBLIC HEARING
A. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 for Fiscal Year 2024-25 (Continued from June 18, 2024).
City Engineer Jerry Sanguinetti (MNS Engineers) provided the report. A community meeting in the District was held on July 11, 2024. The proposed assessments for FY 2024-25 will cover the costs of contract maintenance for the current fiscal year. The assessments are set below the maximum rates calculated at the formation of the district, and they have been increased to align with the expenses required for ongoing maintenance of landscaping and lighting improvements within the Valle Vista Landscape and Lighting Maintenance Assessment District 1. Additionally, the annual escalator for the special tax amounts is tied to the Consumer Price Index-All Urban Consumers for the San Francisco Oakland-San Jose area, ensuring that the assessments keep pace with inflation and maintenance costs over time.
City Engineer Jerry Sanguinetti reviewed the Smith & Enright Mitigated Plan and outlined the issues that would be addressed which include gophers, irrigation, trees in park strip, dead foliage/mulch, monthly site walks, and consistency with Smith & Enright Personnel.
Councilmember Morris-Lopez asked what were the top concerns posed by the District. Mr.
Sanguinetti responded the concerns were cost and quality of service.
Mayor Pro Tem Jordan opened the public hearing.
The following members of the public commented on the report:
Cara Vonk expressed asked why the fencing was not part of the landscape service and expressed concern regarding the sycamore trees
Mayor Pro Tem Jordan closed the public hearing.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Freeman, the RESOLUTION Approving the Report Prepared in Connection with the Fiscal Year 2024/25 Levy Page | 3 City Council Meeting Minutes (July 16, 2024)
of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Pro Tem Jordan; NOES:
None; ABSENT: Mayor Freels; ABSTAIN: None
MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Sabathia, District the RESOLUTION Confirming a Diagram and Assessment in Connection with the Fiscal Year 2024/25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Pro Tem Jordan; NOES:
None; ABSENT: Mayor Freels; ABSTAIN: None
6. PUBLIC COMMENT
Received public comment from the following members of the public:
Laurie Tankersley
Esther Trujillo
Jose Aranda
7. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
Acting Treasurer Wendy Cumming, CPA reported on the financial statement for April 2024.
The following members of the public commented on the report:
Michael Ponce
B. Reports from City Council Representatives to Regional Organizations and Committees
The City Council reported on the regional meetings and committees that they attended.
No public comment.
C. City Council Announcements
Mayor Freels announced that on June 13th lifelong resident Richard Velasco passed away. Mr.
Velasco was a former Planning Commissioner.
No public comment.
D. City Manager’s Report
City Manager Don Reynolds provided the report followed by a PowerPoint presentation.
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The following members of the public commented on the report:
Michael Ponce asked about wastewater and sewer, and the NPDES permit a. Fire Department Update –
Hollister Fire Chief provided the report…
No public comment.
b. Sheriff Department Update –
No report.
No public comment.
c. Public Safety Department Update –
Public Safety Coordinator Roy Morales provided an update for May 2024. The focus of the 4th of July event was successful. Issued three citations during the Fourth of July No public comment.
8. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Approve a RESOLUTION Authorizing a Closure of Streets for NorCal Dubaffair Special Event on July 27, 2024.
C. Approve a RESOLUTION Adopting a City Holiday Schedule for Fiscal Year 2024- 2025
D. Amendment to the Permanent Local Housing Allocation (“PLHA”) Program (Total Value $455,999) Allocating 95% of 2020-2024 Grant Funds ($361,000) from Accessory Dwelling Unit (“ADU”) Code Compliance to Support Building Affordable Housing in the City.
Recommendation: Approve a RESOLUTION amending the 5-year PLHA program ($455,999) by changing the use of funds from program years 2020-2024, ($361,000) from the ADU Compliance program to support building affordable housing with the San Benito Health Foundation at 70 Muckelemi Street, and authorize the City Manager to execute the agreements necessary to implement it
E. Approve the Special Meeting Minutes of June 3, 2024. (Tabled) F. Approve the Regular Meeting Minutes of June 18, 2024. (Tabled) Page | 5 City Council Meeting Minutes (July 16, 2024)
Items E and F Minutes were tabled to the next meeting.
No public comments.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Freeman, Consent Agenda, Items A, B, and C, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Pro Tem Jordan; NOES:
None; ABSENT: Mayor Freels; ABSTAIN: None
Item D
Mayor Pro Tem Jordan announced that she has a conflict.
MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Sabathia, Amendment to the Permanent Local Housing Allocation (“PLHA”) Program (Total Value $455,999) Allocating 95% of 2020-2024 Grant Funds ($361,000) from Accessory Dwelling Unit (“ADU”) Code Compliance to Support Building Affordable Housing in the City, failed.
AYES: Councilmembers: Freeman and Sabathia; NOES: Councilmember Morris-Lopez; ABSENT: Mayor Freels; ABSTAIN: Mayor Pro Tem Jordan
The Mayor Pro Tem recessed to a short break at 8:40 p.m. and reconvened the meeting at 8:50 p.m.
9. ACTION ITEMS
A. A Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits Recommendation: Approve a RESOLUTION approving an MOU between the City and the County regarding coordinated development review for proposed projects within the City’s proposed Planning Area, which is that area outside of the Sphere of Influence and City Political Boundary.
City Manager Don Reynolds announced that the City Council just concluded a joint City Council and Urban Growth Boundary/Sphere of Influence meeting to discuss the MOU that was first introduced to the City Council at its June meeting. The MOU was presented and a vote was taken but motion failed due to lack of a second. The City, County, and stakeholders are coming up with a formal agreement in the form of the MOU to protects the city’s boundaries.
Councilmember Freeman stated the he has not in favor of the MOU, and added that the City should have the ability to gain a few extra parcels of property to get commercial development close to town that doesn’t make it sprawl but rather it allows for revenue to be generated by the city.
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Councilmember Morris-Lopez commented that she supported the MOU and stated that the MOU was good starting point to have a dialogue with the County.
Councilmember Sabathia stated that he disagreed with the way the MOU was written and added that the document should be a clear and concise communication of our intent.
Mayor Pro Tem Jordan explained that the city needs a document that could be sent to the County, and added it’s a way to start the conversation, and further added that the County is on board with having a conversation with the city. In order to memorialize the conversation, it needs to be in writing.
City Attorney Giffen stated that he has been acting on the direction of the Committee and the Council and has not been asked to evaluate the legality of the lead agency. The MOU is the product of the feedback from the Urban Growth Boundary/Sphere of influence Committee.
The following members of the public commented on the report:
Chris Martorana clarified some of the concerns the City Council had.
Councilmember Freeman requested the City Attorney consult with County Counsel and County Planning.
Councilmember Sabathia requested the Committee invite LAFCO to meet and request feedback from the County.
SUBSTITUTE MOTION:
Councilmember Sabathia moved to direct the (official) Committee (UGB/SOI) to invite the appropriate county entities (LAFCO, Legal Counsel, and whomever) to a Committee meeting to the point of beginning and drafting our MOU properly and allow our Attorney to have a conversation with the appropriate counterparts at the county to prepare and better prepare this MOU for eventual approval.
City Attorney Giffen
Direct the committee to invite the appropriate County representatives to a Committee meeting and to allow City Staff to converse with County Staff to allow the City Attorney to have appropriate conversations with County Counsel.
Councilmember Freeman second the motion.
AYES: Councilmembers: Freeman, Sabathia, and Mayor Pro Tem; NOES: Councilmember Morris-Lopez; ABSENT: Mayor Freels; ABSTAIN: None
B. Appoint a Member of the City Council to serve on the Urban Growth Boundary/Sphere of Influence Committee.
Recommendation: Appoint a Member of the City Council to fill a Vacancy left on the Urban Growth Boundary/Sphere of Influence Committee
Item was continued to next month.
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C. League of California Cities (LCC) Voting Delegate
Mayor Pro Tem Jordan requested the item be continued to the next meeting.
10. FUTURE AGENDA ITEMS
Councilmember Freeman requested the following be considered for a future agenda item:
The implementation of a "dig once" policy to optimize infrastructure projects.
Councilmember Morris-Lopez requested the following be considered for a future agenda item:
Removal of the wine barrels
Reviewing the process for street festival closures, including the timeframe for requests, approval processes, and the number of days permitted for street closures during festivals.
Mayor Pro Tem Jordan requested the following be considered for a future agenda item:
Vacancy Tax (vacant Buildings)
City Council Insurance/Compensation
11. ADJOURNMENT
Motion to adjourn the meeting by Councilmember Freeman, second by Councilmember MorrisLopez. All in favor.
There being no other business, Mayor Freels adjourned the meeting at 10:03 p.m.
APPROVED:
___________________________
Leslie Q. Jordan, Mayor Pro Tem
ATTEST:
______________________________
Elizabeth Soto, Acting City Clerk
Page | 1 City Council Meeting Minutes (July 16, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
JULY 16, 2024
1. CALL TO ORDER
Mayor Pro Tem Jordan called the Joint City Council/Urban Growth Boundary meeting to order at 5:03 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 John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Pro Tem Leslie Q. Jordan
Committee member Dan DeVries
Committee member David Medeiros
Committee member Morris-Lopez
Chair Chris Martorana
Absent:
Mayor Scott Freels
Staff Present:
Don Reynolds, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Joint City Council and Urban Growth Boundary/Sphere of Influence Committee
WORKSHOP
A. Review the Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits, and provide direction to the Committee.
Chair Martorana introduced Committee member DeVries. Committee member DeVries provided an overview of the Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits. The MOU is to establish policies for development in a specific area without overriding current policies or state law. Sovereign immunity is retained by the city and county.
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The tiers in the planning area are structured as follows:
Tier One: Represents a high level of care and interest, aiming to maximize input to the county.
Tier Two: Indicates a significant level of care but with less input compared to Tier One.
Tier Three: Reflects the community's concern about a proposal in the area but signifies a lower level of input compared to Tiers One and Two.
Concerns regarding the Memorandum of Understanding (MOU) were raised about conflicts, lead agency designation, legal compliance, transparency, community involvement, and aligning visions and plans between the city and county.
The City Council and Urban Growth Boundary/Sphere of Influence Committee highlighted the necessity of ongoing dialogue, legal review, collaboration, joint planning efforts, policy considerations, and clear communication to address land use and development issues effectively.
Jennifer Stephenson, Executive Officer of the Local Agency Formation Commission (LAFCO) provided an overview. Ms. Stephenson commented that a Municipal Services review will be conducted during this fiscal year.
No public comments were received.
The joint workshop was closed at 6:04 p.m.
Mayor Pro Tem Jordan recessed to a short break.
Mayor Pro Tem Jordan reconvened the meeting at 6:14 p.m.
2. ADJOURNMENT
There being no other business, Mayor Pro Tem Jordan adjourned the joint City Council / Urban Growth Boundary/Sphere of Influence Committee meeting at 6:04 p.m.
APPROVED:
______________________________
Leslie Q. Jordan, Mayor Pro Tem
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk