Page | 1 City Council Meeting Minutes (August 20, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
AUGUST 20, 2024
1. CALL TO ORDER
Mayor Freels called the City Council 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 John Freeman
Mayor Pro Tem Leslie Q. Jordan
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Scott Freels
Absent:
Staff Present:
Don Reynolds, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, CMC, CPMC, Acting City Clerk
2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1)) b. Public Employee Performance Evaluation – (California Government Code section §54956.7(b)(1)) – the City Attorney.
Received public comment from the following members of the public:
Iraida Pisano - City Attorney Evaluaiton
Mayor Freels reconvened the meeting at 6:04 p.m.
City Attorney Giffen announced that no reportable action was taken.
Page | 2 City Council Meeting Minutes (August 20, 2024) Request to add the National Health Center Week, 2024 proclamation to the agenda.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Jordan, the City Council added the Proclamation for National Health Center Week, 2024 to the agenda.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES: None; ABSENT: None; ABSTAIN: None
3. PROCLAMATION
The City of San Juan Bautista proclaimed:
A. Childhood Cancer Awareness Month, September 2024, Jacob’s Heart Children’s Cancer Support Services
B. National Senior Citizens Day, August 21, 2024
C. National Health Center Week, 2024.
4. PRESENTATION
A. Green foothills
Jessica Wohlander, Environmental Associate provided the report and stated that the mission of the Green foothills is to protect local open space, farmland, and natural resources for the benefit of all through advocacy, education, and grassroots action.
No public comment was received.
B. California State Parks Update
Wes Gray, Sector Manager – Diablo South Sector, provided the presentation.
The following members of the public commented on the report:
Cara Vonk
5. PUBLIC COMMENT
Received comments from the following members of the public:
Laurie Tankersley, upcoming events
Michael Ponce, Junior Giants
6. INFORMATIONAL ITEMS AND REPORTS
Treasurer’s Report and Monthly Financial Statements
Acting Treasurer Wendy Cumming, CPA reported on the financial statement for June 2024.
The following members of the public commented on the report:
Michael Ponce
Page | 3 City Council Meeting Minutes (August 20, 2024) A. Reports from City Council Representatives to Regional Organizations and Committees
The City Council reported on the regional meetings and committees that they attended.
B. City Council Announcements
Mayor Freels thanked Mayor Pro Tem Jordan for filling at the last meeting, and added that there may a kickoff party in October for the bells that were recently purchased.
No public comment.
C. City Manager’s Report
City Manager Don Reynolds provided an update on various city departments and projects, including urban growth boundaries, fire services, community development, public works, intergovernmental services, water district governance, and recreation programs.
The following members of the public commented on the report:
Jim Leibold asked about direct construction oversight of the “fiber” Cara Vonk asked about the sidewalk and signs and the of connecting with the Historical Society to make sure that the sidewalks are maintained, the aesthetics are maintained.
Michael Ponce asked Traffic calming
a. Fire Department Update –
No report was provided.
b. Sheriff Department Update –
No report was provided.
c. Public Safety Department Update –
Public Safety Coordinator Roy Morales provided a detailed update on public safety and code enforcement activities in the City of San Juan Bautista for July 2024.
The following members of the public commented on the report:
Jim Leibold
Iraida Pisano
Jolene Cosio
7. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Approve the Special Meeting Minutes of June 3, 2024.
C. Approve the Regular Meeting Minutes of June 18, 2024 No public comments.
Page | 4 City Council Meeting Minutes (August 20, 2024) MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Morris-Lopez, Consent Items A, B, C, D, E, F, and G, were approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Pro Tem Jordan; NOES:
None; ABSENT: Mayor Freels; ABSTAIN: None
8. ACTION ITEMS
A. End the Urban Growth Boundary/Sphere of Influence Committee Recommendation: Approve a RESOLUTION ending the Urban Growth Boundary (“UGB”)/Sphere of Influence (“SOI”) Committee.
City Manager Don Reynolds presented the report. The recommendation is to end the Urban Growth Boundary/Sphere of Influence Committee and draft a new City/County Planning Area Policy Agreement. The Council considered the work of the Committee complete and proposed ending it by adopting a Resolution. The Council did not take action on a draft Memorandum of Understanding (MOU) presented in June 2024. The focus is now on negotiating a Planning Area policy agreement with County staff to move forward with a LAFCO application efficiently. The main point of discussion between the City and County would be whether the County would designate its authority, as described in Government Code 15051(d), to make land-use decisions for properties in the unincorporated area to the City, which are not part of the City's Sphere of Influence (SOI). This issue is crucial for the negotiation of a Planning Area policy agreement between the City and County.
Councilmember Freeman stated that City Council should allow the Planning Commission finish the work the Committee started.
Councilmember Morris-Lopez agreed with Mayor Pro Tem Jordan and pointed out that the resolutions states that the work of the UGB/SOI is has not been completed.
Councilmember Sabathia pointed out, that at the last meeting, he stated the City Council had an understanding that there would be a forum for discussion.
Mayor Freels stated that the body of the resolution states… “The planning area was not part of the original group.” The minutes from December 2023 state that the city would be the lead agency and whether the language is legal. Until we get answers to the legality of the document. How long do we want this committee to go on? This committee has been going on for four years.
Councilmember Freeman reiterated that he does not believes that city can be the lead agency.
Councilmember Sabathia agreed with Councilmember Freeman about the legality of the city being a lead agency and asked the city acquire information about the legality from the experts.
Mayor Pro Tem Jordan announced that the Council tasked the committee to do an MOU and to have a conversation on what is being built on city jurisdiction Page | 5 City Council Meeting Minutes (August 20, 2024) Councilmember Freeman asked for the sphere of influence to be ratified. There are pros and cons to having a big sphere and pros and cons to having a little sphere, Councilmember Freeman added.
There is no legal authority to say no.
Arielle Goodspeed, San Benito County announced that there would be a stakeholder meeting in November at the sheriff’s conference room. Ms. Goodspeed added that City Manager Reynolds had some good examples of what city and county can collaborate on.
The following members of the public spoke in support of keeping the committee active:
Chris Martorana
Jeff and Katie Smith
Wanda Guibert
Jim Leibold
Cara Vonk
John Hopper
David Medeiros
Jolene Cosio
Jose Aranda
Dan DeVries
Jennifer Stephenson stated that she the county agreed with having the city be part of the conversation.
Councilmember Freeman stated that he willing to give the Committee another three months but is not that specific or even more specific. I want the conversation to go smoothly with the city and the county
Mayor Pro Tem Jordan thanked the UGB/SOI committee for their work.
Councilmember Morris-Lopez thanked the committee and disagreed with ending the Committee in November.
SUBSTITUTE MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, to move the Urban Growth Boundary/Sphere of Influence (UGB/SOI) Committee forward with producing some semblance of a Memorandum of Understanding (MOU) by November 2024 and moving forward with the SOI to Local Agency Formation Agency (LAFCO) as soon possible, was approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
Mayor Freels recessed to a short recess at 9:39 p.m. and reconvened at 9:48 p.m.
Page | 6 City Council Meeting Minutes (August 20, 2024) B. League of California Cities (LCC) Voting Delegate
Recommendation: Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.
No public comment was received.
MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, Mayor Freels was appointed as Voting Delegate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Morris-Lopez, Councilmember Freeman was appointed as Alternate Voting Delegate for the League of California Cities Annual Conference and Expo, October 16-18, 2024. .
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
9. DISCUSSION
A. Utility Billing
Tabled to next meeting
B. Wine Barrels and Two-Way Traffic on Thirds Street
Tabled to next meeting
C. Fire Advisory Committee Update: Special District Formation Study, and Proposed Joint Powers Authority.
City Manager Don Reynolds provided information on the process of forming a fire district, including the need for a feasibility study, collaboration with Hollister, financial contributions, property tax agreement, and voter approval. City Manager Reynolds is being tasked with preparing the Request for Proposals that will be brought forward for approval during the next City Council meeting. The next steps are to work on the Joint Powers Authority agreement and figure out the cost-sharing if a district is approved; move forward with the fire district plans before March and ensure all parties are on board; and change bylaws for the fire district.
The following members of the public commented on the report:
Michael Ponce
D. Draft Vacancy Fee Ordinance
Tabled to next meeting
Page | 7 City Council Meeting Minutes (August 20, 2024) MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, to table items A, B, and D to the next meeting.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
10. FUTURE AGENDA ITEMS
Item was tabled to the next meeting due to time.
C. ADJOURNMENT
Motion to adjourn the meeting by Mayor Pro Tem Jordan, second by Councilmember Sabathia.
All in favor.
There being no other business, Mayor Freels adjourned the meeting at 10:15 p.m.
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Item: 9.A
City Council Meeting
Date: November 19, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 19, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: MEMORNADUM OF UNDERSTANDING WITH SAN BENITO
COUNTY REGARDING DEVELOPMENT WITHIN THE CITY’S
PLANNING AREA
RECOMMENDED MOTION:
Approve a Resolution accepting the draft San Benito County Urban Growth Boundary/Sphere of Influence (“UGB/SOI”) Memorandum of Understanding (“MOU”) and sending it to them for consideration and approval.
EXECUTIVE SUMMARY:
Since May 26, 2020, the City’s UGB/SOI Committee has been deliberating about changes to the City’s Urban Growth Boundary and Sphere of Influence, and in November 2023, adopted Resolution 2023-71 with a new Map of the UGB/SOI and Planning Area. The application to LAFCO that implements these changes, requires an agreement with the County. Attached is the Committee’s recommended MOU that if accepted by the Council, will be sent to the County for its consideration and approval.
BACKGROUND:
The City adopted its General Plan in 2016, but did not change its SOI, UGB or “Area of Concern.” After four years of deliberation, it has come to agreement to re-name the Area of Concern to “Planning Area, being the area outside of the UGB/SOI in the unincorporated areas surrounding the City Limits, and the City Limits become the new UGB/SOI. Final changes to the Memorandum of Understanding were considered at its last Committee meeting, a Special Meeting held Monday October 28, 2024. Testimony was received at this meeting from County planning staff. This final version of the MOU was shared with the Committee Friday November 1, 2024. No further changes were requested from the Committee, so it is attached in its final form to the proposed Resolution included in staff’s report.