City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
CITY COUNCIL
SPECIAL MEETING
TUESDAY, JANUARY 7, 2025, 5:00 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AMENDED AGENDA
ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.
Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.
JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235
To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235
PUBLIC COMMENT - ADVISEMENT
Public comments are limited to items on this special meeting agenda pursuant to California Government Code section § 54954.3(b). Public comments are generally limited to three (3) minutes per speaker; the Mayor may further limit the time for public comments depending on the agenda schedule.
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
Page | 2 City Council January 7, 2024
2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
Receive public communications from the audience on Closed session items. The City Council will recess to closed session pursuant to:
a. Public Employee Employment – California Government Code §54957(b)(1)) - the City Manager.
b. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1))
2. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.
A. Approve the Affidavit of Posting Agenda.
B. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title.
C. Approve the Regular Meeting Minutes of December 17, 2024.
3. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.
A. Interim City Manager Employment Agreement
Recommendation: Approve a RESOLUTION appointing the Interim City Manager and approving the Employment Agreement.
B. Mayor’s Selection of Representatives to Committees, Regional Boards, etc.
Recommendation: Consider changes to the Committee Assignments based on the Discretion of the Mayor.
C. City Treasurer Vacancy
Recommendation: Direct Staff to keep the recruitment open to fill the City Treasurer position position.
D. Historic Resources Board / Planning Commission Vacancy Recommendation: Receive the information provided by the Ad Hoc committee and recommend the City Council appoint four of the applicants will fill the four open seats on the Planning Commissioner.
4. ADJOURNMENT
AGENDA MATERIAL / ADDENDUM
Any addendums will be posted not later than 72 hours before regular meetings or 24 hours of special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street San Juan Bautista and are posted on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.
In compliance with the Americans with Disabilities Act, and Govt. Code 54953(a), the city will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative Page | 3 City Council January 7, 2024
determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
PUBLIC COMMENT PROCEDURES
If you wish to make a public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.
SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting. Written comments will be read into the record provided that the reading does not exceed three (3) minutes.
PUBLIC NOTIFICATION
This agenda was posted on Friday, January 3, 2025, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website. Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.
AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Acting City Clerk / Administrative Services Manager in the City of San Juan Bautista and That I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the 3rd day of January 2025, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.
1. On The Bulletin Board at City Hall, 311 Second Street.
2. On The Bulletin Board at The City Library, 801 Second Street.
3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 3rd day of January 2025.
____________________________________________
Elizabeth Soto, CMC, CPMC
City Clerk / Administrative Services Director
WAIVER OF READING
OF ORDINANCES
State law requires that an ordinance be read in its entirety prior to adoption unless the City Council waives reading beyond the title. Reading an entire ordinance at the meeting is extremely time-consuming; reading of the title alone usually gives the audience sufficient understanding of what the Council is considering.
To ensure that this waiver is consistently approved by the Council, Council should make the waiver at each meeting, thus, you should do it at this point on the Consent Agenda. The Council then does not have to worry about making this motion when each ordinance comes up on the agenda.
GC36934
Page | 1 City Council Meeting Minutes (December 17, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
DECEMBER 17, 2024
1. CALL TO ORDER
Mayor Freels called the regular meeting to order at 5:02 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
Councilmember Freeman led the pledge of allegiance.
ROLL CALL Present:
Councilmember Jose Aranda
Councilmember Scott Freels
Councilmember Jackie Morris-Lopez
Mayor Pro Tem EJ Sabathia
Mayor Leslie Q. Jordan
Absent:
Staff Present:
Don Reynolds, City Manager
Jon R Giffen, City Attorney
Elizabeth Soto, City Clerk
2. ADMINISTRATIVE REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees
Councilmembers Freeman, Morris-Lopez, Mayor Pro Tem Jordan, and Mayor Freels reported on the meetings that they attended.
Councilmember Freeman thanked the residents and stated that he tried to make the city a lot better and hoped he had succeeded.
3. CERTIFICATION OF ELECTION RESULTS
A. November 5, 2024, General Municipal Election Canvass City Clerk Elizabeth Soto provided the report and presented the results of the November 5, 2024 Municipal Election for the Offices of San Juan Bautista City Councilmembers.
No public comment.
Page | 2 City Council Meeting Minutes (December 17, 2024) MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Morris-Lopez, the Resolution Declaring the results of the November 5, 2024 Municipal Election for the Offices of San Juan Bautista City Councilmembers, was approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia and Mayor Freels; NOES:
None; ABSTAIN: None; ABSENT: None
4. CEREMONIAL ITEMS
A. Presentation of Plaque Honoring Retiring City Councilmember John Freeman The City Council presented Councilmember John Freeman with a plaque to honor his dedication and commitment as a member of the San Juan Bautista City Council for the past 8 years, contributing significantly to the growth and development of our community by helping to bring about positive change and lasting improvements. Councilmember Freeman has demonstrated exceptional leadership, professionalism, and a deep understanding of the needs of our residents, and his service has been marked by a spirit of collaboration and a commitment to fostering unity, cooperation, and transparency within the Council and the broader community. The San Juan Bautista City Council extends deep gratitude to Councilmember John Freeman for his years of distinguished service to the community and express their sincere appreciation for his contributions to the betterment of City of San Juan Bautista.
5. CEREMONIAL OATH OF OFFICE
A. Administration of Oath of Office for Councilmembers Elect Jose Aranda and Scott Freels
Shawna Freels administered the Oath of Office for newly elected Councilmember Scott Freels.
Jessie Solis administered the Oath of Office for newly elected Councilmember Jose Aranda.
B. Installation of Newly Elected City Councilmembers
Councilmember Jose Aranda and Scott Freels were seated on the dais.
6. CONSIDERATION
A. Selection of Mayor for a One Year Term
Councilmember Morris-Lopez nominated Councilmember Jordan to serve as Mayor for a oneyear term.
No public comment.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Councilmember Jordan, Councilmember Jordan was appointed to serve as Mayor for a one-year term.
AYES: Councilmembers: Aranda, Jordan, and Morris-Lopez; NOES: Councilmember Sabathia and Mayor Freels; ABSTAIN: None; ABSENT: None
Page | 3 City Council Meeting Minutes (December 17, 2024) B. Selection of Mayor Pro Tem for a One Year Term
Councilmember Aranda nominated Councilmember Sabathia to serve as Mayor Pro Tem for a one-year term.
No public comment.
MOTION:
Upon motion by Councilmember Aranda, second by Councilmember Freels, Councilmember Sabathia was appointed to serve as Mayor Pro Tem for a one-year term. Motion carried.
AYES: Councilmembers: Aranda, Freels, and Sabathia; NOES: Councilmember Morris-Lopez and Mayor Jordan; ABSTAIN: None; ABSENT: None. Motion carried.
7. PRESENTATION
A. CSUMB - Sustainable City Year Program.
Dr. Fernandez and the California State University, Monterey Bay, Environmental Studies 471, Capstone Class provided the presentation. The focus of CSUMB's Sustainable City Year Program (SCYP) is on sustainable infrastructure approaches, civic engagement, and incorporating the natural ecosystem by planting native species. Additionally, the program aims to promote eco-friendly design, create a welcoming space for the community, pollinators, and local wildlife, foster community connection and cultural heritage, enhance biodiversity, improve soil health, and support pollinators.
The presentation also included a cost analysis section, discussing different cost options for improvement projects and construction costs based on ENR data. Feedback was given on enhancing public access to documents, promoting water conservation techniques, and offering free water leak inspections for residents of San Juan Bautista.
The following members of the public commented on the report:
John Hopper
Tomas
B. Review of Code of Ethics
City Attorney Jon Giffen reviewed the Code of Ethics that was adopted by the City council in June 2018. Members must work for the public interest of San Juan Bautista and ensure fair and equal treatment of all persons, claims, and transactions. Members are required to adhere to federal, state, and local laws in the performance of their public duties, including disclosing conflicts of interest and abstaining from related decisions. Members should follow established rules and processes governing public policy issues, public involvement, and policy implementation by staff. Members must avoid using their positions for personal gain, disclose financial interests, and abstain from decisions where conflicts of interest may arise. Council members should not unduly influence the deliberations or outcomes of board and commission proceedings to maintain the value of independent advice in the decision-making process.
Page | 4 City Council Meeting Minutes (December 17, 2024) The following members of the public commented on the report:
Rochelle Eagen
8. PUBLIC COMMENT
Received comments from the following members of the public:
Jill Pagaran, Spirit of San Juan
David Medeiros announced his resignation from HRB/PC as of January 1, 2025 Laurie Tankersley, County of San Benito Waste Management Elia Salinas
Christopher Barlow
9. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title C. An Ordinance of the San Juan Bautista Municipal Code Adding a Vacancy Registration Fee
Recommendation: Adopt an ORDINANCE adding the Vacancy Registration Fee to the Municipal Code.
D. Conflict of Interest Code Biennial Review
Recommendation: Approve a RESOLUTION Affirming the City’s Conflict of Interest Code Pursuant to the Political Reform Act (Government Code Section 81000, et seq.).
E. Acknowledge Receipt of a Report by The Hollister Fire Chief Regarding the Inspection of Certain Occupancies in The City
Recommendation: Approve a RESOLUTION to authorize the acceptance of Senate Bill No. 1205, an act to add Section 13146.4 to the Health and Safety Code, relating to fire protection and to acknowledge receipt of a report made by the Fire Chief of the Hollister Fire Department regarding certain occupancies annual inspections.
F. California State University Monterey Bay (CSUMB) Research Agreement; City Sustainable Year Program
Recommendation: Approve a RESOLUTION authorizing the City Manager to execute a Research Agreement with the University Corporation at Monterey Bay and participate in its “Sustainable City Year Program.” G. Approve the Regular Meeting Minutes of October 15, 2024.
H. Approve the Regular Meeting Minutes of November 19, 2024.
I. Approve the Special Meeting Minutes of December 2, 2024.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Councilmember Freels, the Consent Agenda, items A, B, D, and E, was approved.
Page | 5 City Council Meeting Minutes (December 17, 2024) AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
Item C An Ordinance of the San Juan Bautista Municipal Code Adding a Vacancy Registration Fee
Councilmember Morris-Lopez pulled the item for questions and clarification. Don Reynolds, City Manager stated that the schedule of fees will be brought forward for approval at a later date.
The following members of the public commented on the report:
Elia Salinas
MOTION:
Upon motion by Mayor Pro Tem Sabathia, second by Councilmember Aranda, the Ordinance adding the Vacancy Registration Fee to the Municipal Code, was approved.
AYES: Councilmembers: Aranda, Freels, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: Councilmember Morris-Lopez; ABSENT: None
Item F California State University Monterey Bay (CSUMB) Research Agreement; City Sustainable Year Program
Councilmember Freels pulled the item for questions and clarification.
Don Reynolds, City Manager, stated that the research agreement with CSUMB if for their Sustainable City Year Program. The $25,000 research agreement funding is split between funds.
One third ($8,333.33) will be paid from the Water Enterprise Fund and Two-thirds ($16,666.67) will be paid from the General Fund.
The following members of the public commented on the report:
John Hopper
Harvey Mendez
Elia Salinas
Item F California State University Monterey Bay (CSUMB) Research Agreement; City Sustainable Year Program failed
Items G, H, and I
Minutes for October 15, 2024, November 19, 2024, and December 2, 2024.
Mayor Jordan pulled the item.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, second by Councilmember Freels, the Consent Agenda, items G, H, and I Minutes for October 15, 2024, November 19, 2024, and December 2, 2024, was approved.
AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
Page | 6 City Council Meeting Minutes (December 17, 2024)
10. ACTION ITEMS
A. Amendment to the San Benito County Governments (SBCOG) Joint Powers Agreement
Item was tabled to the next regular meeting.
B. Appoint Interim City Manager
The Ad Hoc committee member Councilmember Freels provided a brief overview of the selection process.
The Ad Hoc recommended that the City Council appoint Ashley Collick to serve as the Interim City Manager.
MOTION:
Upon motion by Councilmember Freels, second by Mayor Pro Tem Sabathia, the City Council appointed Ashley Collick to serve as the Interim City Manager.
AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
C. City Treasurer Vacancy
Item was tabled to the next regular meeting.
D. Historic Resources Board / Planning Commission Vacancy Item was tabled to the next regular meeting.
11. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
Item was tabled to the next regular meeting.
B. City Council Announcements
Item was tabled to the next regular meeting.
C. City Manager’s Report
a. Fire Department Update –
b. Sheriff Department Update –
c. Public Safety Department Update –
Item was tabled to the next regular meeting.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, second by Councilmember Morris-Lopez, items 10A, 10C, 10D, and item 11 Information items and Reports, was tabled to the next regular meeting in January, was approved.
Page | 7 City Council Meeting Minutes (December 17, 2024) AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
12. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
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. Conference with Legal Counsel—Existing Litigation – Kurasaki v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1)) c. Conference with Legal Counsel—Anticipated Litigation – (Significant exposure to litigation, California Government Code section 54956.9(d)(2): Two cases.) No public comment was received.
Mayor Jordan recessed to a closed session at 7:02 p.m.
Mayor Jordan reconvened to open session at 7:37 p.m.
City Attorney Giffen reported that the City Council met in closed session and direction was given to legal counsel. No reportable action.
10. ADJOURNMENT
Motion to adjourn the meeting by Councilmember Freels, second by Mayor Pro Tem Sabathia.
All in favor.
There being no other business, Mayor Freels adjourned the meeting at 7:38 p.m.
APPROVED:
___________________
Leslie Q. Jordan, Mayor
ATTEST:
_______________________________
Elizabeth Soto, City Clerk
Page | 1
CITY OF SAN JUAN BAUTISTA
AGREEMENT FOR INTERIM CITY MANAGER SERVICES
THIS AGREEMENT FOR INTERIM CITY MANAGER SERVICES (the
“Agreement”) is made and entered into as of the 7th day of January, 2025, by and between the CITY OF SAN JUAN BAUTISTA, a California general law city (the “City”), and Ashley Collick (the "Employee").
RECITALS
A. The position of City Manager will be vacant as of December 31, 2024 and the City is currently actively conducting an open recruitment to permanently fill this vacant position.
B. City desires to employ on an interim, at-will basis, the services of Employee and Employee desires to accept temporary employment as Interim City Manager of the City until such time as a permanent City Manager is appointed and commences employment.
C. The Interim City Manager position is a position that requires specialized skills and expert professional or technical services. Employee is willing and fully qualified by virtue of her extensive experience in municipal management to perform these services for the City.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, the parties agree as follows:
1. Duties. City hereby agrees to engage the services of Employee to serve as Interim City Manager, to perform the functions and duties of the City Manager as specified by the San Juan Bautista Municipal Code (“SJBMC”) and the California Government Code, including but not limited to those specified in Chapter 2-2 of the SJBMC, and to perform such other legally permissible and proper duties and functions as the City Council may from time to time assign or as may be necessary for the efficient management of the City. Employee is expected to engage in the hours of work that are necessary to fulfill the duties and obligations of the position, and shall perform the services required under this Agreement during normal City operating hours, although the precise hours that Employee is required to be at City Hall is left to the City’s discretion; and further, Employee shall be available for attendance at City Council and other meetings during other hours as may be necessary. It is further understood and agreed that at Council direction, Employee’s compensated hours may be reduced during the holidays in December of 2025.
2. Term.
A. Employee shall be employed for a term commencing January 6, 2025 and ending when a permanent City Manager assumes office or the City terminates the Agreement as provided for in this Agreement, whichever is sooner.
B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Employee to terminate this Agreement at any time upon submitting thirty (30) days written notice of termination to the City or the right of the City to terminate this Agreement, with or without cause, at any time. It is understood and agreed that the City has commenced active recruitment of a new City Manager and that this Agreement is one of limited duration until the commencement of employment of a new City Manager. Employee agrees that she shall not be entitled to any severance pay as the result of the termination of this Agreement for any reason whatsoever.
C. Employee shall serve at the will and pleasure of the City of San Juan Bautista City Council and understands she is an “at-will” employee and that the City Council may terminate this Agreement at any time with or without cause and without any right of notice or hearing. Employee will not acquire any property interest in the position of Interim City Manager and is employed solely on a temporary basis.
3. Compensation. City agrees to pay Employee for their services rendered pursuant hereto, which amount is in conformance with the requirements of Section 21221(h), compensation of Fourteen Thousand Eight Hundred Eighty-Two Dollars and Forty Cents ($14,882.40) per month ($85.86/hr.). Employee is exempt from overtime under the Federal Fair Labor Standards Act.
4. Benefits. Except as otherwise provided in this Agreement, Employee shall receive the same employee benefits as other City employees. However, Employee shall not receive any salary increases, as Employee will negotiate any salary increase with the City Council only upon receiving a performance review. Employee shall be entitled to observe all City holidays in the same manner as employees of the City.
5. Expense Reimbursement. All expenses of a non-personal and generally job affiliated nature, including but not limited to expenses related to out-of-town travel, for which Employee plans to seek expense reimbursement from the City must be approved in advance by the City Council. Upon such prior approval, City agrees to reimburse Employee such necessary and reasonable expenses as are consistent with the approved amount and purpose of the expense and submitted to the City based upon expense receipts, statements, or personal affidavits, and audit thereof in like manner as other demands against the City.
6. Rules and Regulations. Employee is subject to the provisions of any personnel rules, regulations and other policies and procedures governing terms and conditions of employment whether now in existence or subsequently adopted by City. Such rules, regulations, policies, or procedures are incorporated into this Agreement by reference and shall govern unless there is a conflict with this Agreement.
7. Service-Related Injury Income Protection. City and Employee agree that Employee is covered by the City's worker's compensation insurance policy.
8. Insurance. Employee shall at her own cost and expense procure and maintain in effect a policy of automobile insurance for use of her private vehicle with not less than Page | 3
$100,000/$300,000 coverage. This policy shall be considered primary insurance as regards the City and its officers, agents and employees.
9. Liability. Consistent with California's Government Claims Act (Section 825 et seq.), the City shall defend, hold harmless, and indemnify Employee using legal counsel of City’s choosing, against expense or legal liability for acts or omissions by Employee occurring within the course and scope of Employee’s employment under this Agreement.
Notwithstanding the foregoing, all such defense of Employee conducted under Section 825 et seq. shall be conducted pursuant to an agreement between the City and the Employee reserving the right of the City not to pay the judgment, compromise, or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her employment as an employee of the public entity. Under the terms of such agreement, the City shall be required to pay the judgment, compromise, or settlement against Employee only if it is established that the injury arose out of an act or omission occurring in the scope of their employment as an employee of the public entity. Also notwithstanding the foregoing, the City’s obligation under this Section 9 shall not apply to any punitive or exemplary damages which may be awarded by a court against Employee; nor shall this paragraph apply to liability incurred by Employee for actions outside the scope of their services or which result from wrongful or malicious conduct, (including but not limited to actual fraud, corruption, or actual malice under the meaning of Section 825.6(a)(1)), or gross negligence, or through the use of any personal vehicle, all as to which Employee shall indemnify and hold City, its officers, agents and employees harmless. In the event there is a conflict of interest between City and Employee such that independent counsel is required for Employee, Employee may engage his/her own legal counsel, in which event City shall indemnify Employee, including direct payment of all such reasonable costs related thereto, as long as those costs are consistent with City’s obligations as expressed in Section 825 et seq. California Government Code Sections 53243, 5243.1, 53243.2 and 5243.3 are incorporated by reference as if fully set forth herein. If this contract is terminated, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of her or her office or position.
10. Conflict of Interest. Employee affirms and warrants that she has no financial, contractual or other interest or obligation that conflicts with or is harmful to the performance of her obligations under this Agreement. Employee shall not during the term of this Agreement knowingly obtain such an interest or incur such an obligation.
11. Entire Agreement. This Agreement supersedes any and all other agreements, written or oral, between the parties, and contains all of the covenants and agreements between the parties. Each party acknowledges that no promises, representations, inducements or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party that are not embodied herein. No modification to this Agreement shall be effective unless reduced to writing and signed by both parties.
12. General Provisions.
A. This Agreement shall be binding upon and inure to the benefit of the heirs-at law and executors of Employee.
B. If any provision or any portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable the remainder of this agreement or portion thereof shall be deemed severable and shall not be affected and shall remain in full force and effect so long as the mutual intentions of the parties may still be fulfilled.
C. The City is entering into this Agreement by virtue of the professional reputation, experience and competence of Employee. Hence, the obligations of Employee under this Agreement shall not be assigned or subcontracted, nor shall the rights be delegated without prior written approval of the City Council.
D. The Employee shall comply with and adhere to all City policies, rules and regulations including but not limited to its policies regarding non-discrimination and sexual harassment.
E. City and Employee represent and warrant to each other that each has read and fully understands the terms and provisions hereof, has had an opportunity to review this Agreement with legal counsel, and has executed this Agreement based upon such party's own judgment and advice of independent legal counsel (if sought). [Signatures follow on next page.]
-5-
Executed as of the day and year first above written.
CITY:
CITY OF San Juan Bautista, a municipal corporation
By:
Leslie Q. Jordan, Mayor
EMPLOYEE:
By:
Ashley Collick
ATTEST:
Elizabeth Soto, City Clerk
APPROVED AS TO FORM:
Jon R. Giffen, City Attorney
Page | 1 Rev: 09/10/2024 es
2024 City Council – Regional Board and Committee Appointments Organization Primary Alternate Meeting Times Remuneration LAFCO Leslie Jordan (term
expires March 2028)
EJ Sabathia Monthly,
2nd Thursday
4:00 pm
None.
(GC56325(b)
AMBAG John Freeman Leslie Jordan 2nd Wednesday
6:00 pm – 9:00 pm
$50
COG Scott Freels Jackie Morris-Lopez Monthly,
3rd Thursday 4:00 pm
+ daytime special
mtgs
$100
Water Resources Assn
(w/SBC Water Dist.)
Governance
Committee
Leslie Jordan John Freeman Monthly
1st Thursday
None
West Nile Virus
(San Benito County)
Scott Freels Jackie Morris-Lopez As needed,
4th Wednesday
3:15 pm
None
Integrated Waste
Mgmt.-Local Task
Force
John Freeman Jackie Morris-Lopez
(depending on
schedule)
Meets Quarterly.
10:00 a.m.
None
Monterey Bay Unified
Air Pollution Control
District Board
(alternates between
Hstr/SJB & S.Cruz
Co. cities)
Hollister
(Rotating
membership)
Santa Cruz
County/City
3rd Wednesday
1:30 pm
$100
CMAP Board EJ Sabathia --- Monthly, 2nd
Tuesday (zoom)
None
Intergovernmental
Committee
Jackie Morris-Lopez Leslie Jordan Monthly,
1st Thursday, 4:30 pm
None
Ad Hoc Committee
for Parking w/in the
city
Leslie Jordan EJ Sabathia As needed. None
Ad Hoc Committee
for Sphere of
Influence & Urban
Growth Boundary
Jackie Morris-Lopez
EJ Sabathia
David Medeiros (PC)
Dan DeVries (PC)
Chris Martorana
Member At Large (1)
Monthly,
4th Tuesday
4:00 p.m.
None
Page | 2 Rev: 09/10/2024 es
Organization Primary Alternate Meeting Times Remuneration Ad Hoc Committee for
Sheriff Contract
Scott Freels
Leslie Jordan As needed
Quarterly,
4th Monday
4:00 p.m.
None
Ad Hoc Committee for
Cannabis
Scott Freels
Leslie Jordan
--- As needed. None
Investment Advisory
Committee
EJ Sabathia
Scott Freels ---
As needed. None
San Benito Homeless
Planning Group
(County)
Leslie Jordan Jackie Morris-Lopez
Monthly,
2nd Monday
2:00 pm
None
Mont./SB County
Continuum of Care
Leadership Council
(Coalition of Homeless
Services Providers)
Jackie Morris-Lopez Leslie Jordan
Every other Month,
4th Wednesday
3:30 p.m. – 5:00 p.m.
Central Coast
Community Energy
Board
John Freeman Jackie Morris-Lopez Quarterly,
2nd Wednesday
10:30 a.m.
Area Agency on
Aging
Mary Edge (member
at large?)
Jackie Morris-Lopez Monthly, 3rd
Wednesday
10:00 am - 12:00 pm
None
Public Safety Ad Hoc
Committee
Scott Freels
EJ Sabathia
Rachel Ponce? (at
large-needs to
reapply)
Jose Aranda (PC)
VACANT (PC)
Urban Area Water and
Wastewater Master
Plan
(2 primary/1 alternate)
Leslie Jordan
John Freeman
Quarterly,
monthly
Fire District Advisory
Committee
Scott Freels Leslie Jordan As needed; currently
meeting 1st Thursday
of the month
None
San Benito County
Economic Advisory
Committee (EAC)
Monthly None
Item: 3.C
City Council Meeting
January 7, 2025
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JANUARY 7, 2025
DEPARTMENT: ADMINISTRATION
FROM: ELIZABETH SOTO, CITY CLERK
BY: ELIZABETH SOTO, CITY CLERK
TITLE: CITY TREASURER VACANCY
RECOMMENDED MOTION:
It is recommended that the City Council direct Staff to keep the recruitment open to fill the City Treasurer position.
RECOMMENDATION:
At the November 19, 2024 City Council meeting, the City Council directed staff reopen the application period. The city has not received any applications as of the date of the staff report.
BACKGROUND INFORMATION:
A vacancy has occurred in the City Treasurer position left by Michelle Sabathia. It is also noted that under California law, a city must have a Treasurer.
FISCAL IMPACT:
The stipend for the City Treasurer is $100 a month.
ATTACHMENTS:
Flyer
Item #3.D
City Council Meeting
January 7, 2025
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
DATE: JANUARY 7, 2025
DEPARTMENT: ADMINISTRATION
FROM: ELIZABETH SOTO, CITY CLERK
BY: ELIZABETH SOTO, CITY CLERK
TITLE: APPOINTMENTS TO FILL FOUR VACANCIES ON THE
HISTORIC RESOURCES BOARD/PLANNING COMMISSION
RECOMMENDED ACTION(S):
Receive the information provided by the Ad Hoc committee and recommend the City Council appoint four of the applicants will fill the four open seats on the Planning Commissioner.
BACKGROUND INFORMATION:
At the City Council meeting on November 19, 2024, the Council directed the Ad Hoc Committee comprised of Mayor Pro Tem Jordan and Councilmember Sabathia to review and interview applicants to serve on th Historic Reosurce Board/Planing Commission.
Staff advertised the vacancy by posting a notice. Six(6) applications have been received. These applications were added to the applications received. All six applications were forwarded to the Ad Hoc Committee for their review and consideration.
Planning Commission
2-3-110 Qualifications – Appointment – Term.
(A) Members of the Planning Commission shall be residents and registered voters of the City of San Juan Bautista and shall not be officers or management-level employees of the City at the time of their appointment and continuously during their terms of office. A Commissioner who has moved residence from the City shall be considered to have resigned from the Commission office.
(B) Planning Commission members’ terms shall be four (4) years, which terms shall be staggered.
(C) Any vacancy in the Planning Commission from whatever cause arising, including expiration of term, shall be filled by appointment by the Council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.
(D) When there is a vacancy to be filled on the Planning Commission, except for a successful reappointment of a Planning Commission member for a successive, consecutive term as defined in subsection (E) of this Section, the City Council shall appoint an ad hoc subcommittee of two (2) members to receive applications and/or resumes, select qualified candidates for interviews, conduct interviews and make a brief report with a recommendation to the City Council. The City Council shall consider and vote on the recommendation and shall appoint the applicant who receives a majority of votes to the Planning Commission. If an applicant does not receive a majority of votes, the ad hoc subcommittee shall select a new candidate and present that candidate to the City Council at the following meeting. (E) The City Council may, upon expiration of a Planning Commission member’s term, reappoint the Planning Commission member for a successive, consecutive term, without requiring an ad hoc subcommittee to conduct interviews and make a recommendation. If the Planning Commissioner, whose term has expired, is not reappointed, the Council may direct the ad hoc subcommittee to review credentials and interview that Planning Commissioner, or to also consider other candidates for appointment to the Planning Commission, as set forth in subsection (D) of this Section.