City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
REGULAR CITY COUNCIL
TUESDAY, APRIL 18, 2023, 5:30 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA
TELECONFERENCE NOTICE
Pursuant to California Government Code Section §54953(b)(3), this City Council regular meeting will include teleconference participation by Councilmember EJ Sabathia from Hilton Americas-Houston, 1600 Lamar Street, Houston, Texas 77010. The teleconference location shall be accessible to the public for the open session portion of the meeting pursuant to California Government Code Section §54954.3
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.
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
1. CALL TO ORDER
A. Pledge of allegiance
B. Roll call
2. CLOSED SESSION – 5:30 P.M.
Receive public communications from the audience on Closed session items. The City Council will recess to closed session pursuant to:
a. Anticipated Litigation – California Government Code Section 54956.9(d)(2), conference with legal counsel regarding 16 (eleven) potential cases.
3. PROCLAMATION
A. Water Awareness Month, May 2023
B. Fremont Peak Day, April 30, 2023
C. National Preservation Month, May 2023
4. GENERAL PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments Page | 2 City Council April 18, 2023
depending on the agenda schedule.
SUBMISSION OF PUBLIC COMMENTS PROCEDURES
If you wish to make a general 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.
Written comments may be submitted via mail to the Deputy City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 4:00 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.
5. CITY COUNCIL ANNOUNCEMENTS
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the general public.
6. 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 the Reading of Ordinances and Resolutions on the Agenda Beyond the Title.
C. Approve the Minutes of December 20, 2022.
D. 2023 Weed Abatement Program
Recommendation: Approve a RESOLUTION declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.
E. Approve a RESOLUTION Authorizing Closure of Streets for Certain Special Events in 2023.
F. Amend the Personnel Classification Plan Adding A Recreation Class, and Approving the Part-Time Recreation Assistant Job Description at a Per-Hour Rate of $19.94-$26.72 per Hour.
Recommendation: Approve a RESOLUTION amending the Personnel Classification Plan adding a recreation class, approve the part-time recreation assistant job description at a per-hour pay rate of $19.94 – $26.72 per hour, and authorize the recruitment of this position.
7. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees B. Treasurer’s Report and Monthly Financial Statements
Receive Report from City Treasurer Michelle Sabathia.
C. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
Page | 3 City Council April 18, 2023
8. PUBLIC HEARING
A. (Second Reading) Adopt an ORDINANCE to Amend Chapter 5.1 and Sections 5-1-100 and 5-1-105, Repealing Sections, 5-1-150, 5-1-160, and 5-1-170 of Article 1 of Chapter 5.1 of Title 5 “Public Health, Safety and Welfare,” of the City of San Juan Bautista Municipal Code to Adopt By Reference in its Entirety the California Building Standards Code 2022 Edition of the California Fire Code and Appendices, Title 24, Part 9, of the California Code of Regulations, with Certain Exceptions, Modifications and Additions Required by Local Climatic, Geological or Topographical Conditions, and Approving Findings to Support Local Modifications.
B. (Second Reading) Adopt an ORDINANCE to Amend Chapter 10, Article 1-110 “Code Adoption by Reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to Adopt by Reference Certain of the Parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code; repealing section 10-1-115.
9. ACTION ITEMS
A. San Juan Bautista Sanitary Sewer Force Main to Hollister Project Recommendation: Approve a RESOLUTION approving Plans and Specifications for City of San Juan Bautista Sanitary Sewer Force Main to Hollister Project, and authorize issuance of the Invitation to Bidders with bids to open on May 26, 2023, at 2:00p.m.
B. End the Imposition of Water Conservation Regulations and Restrictions Due to Severe Drought Required by Municipal Code 64-116
Recommendation: Approve a RESOLUTION rescinding Resolution 2022-27 and end the imposition of water conservation regulations and restrictions defined in Municipal Code 6-4- 116, while continuing to encourage San Juan Bautista citizens to make water conservation a way of life.
C. Consider Approval of a Resolution Rescinding the Matter of the Removal or Other Disposition of Parklets
D. Determine Specific Times and Place Consistent with Municipal Codes 5-1-166 And 5-16-100, and Authorize Non-Profit Organization Anzar High School Booster Club to Sell Safe and Sane Fireworks for the Fourth of July Holiday
Recommendation: Request the City Council consider one of the three attached possible resolutions, and determine if or when fireworks will be sold this year by the one non-profit applying to do so (Anzar High School Booster Club), and if so, under what specific times and place this Fourth of July Season.
10. DISCUSSION ITEMS
A. Revisiting Zoning Code Section 11-04-110 Regarding Regulation of Large-Scale Retail, Formula Retail, Formula Restaurant and Formula Visitor Accommodations Businesses.
Page | 4 City Council April 18, 2023
11. ADJOURNMENT
AGENDA MATERIAL / ADDENDUM
Any addendums will be posted within 72 hours of 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 by emailing [email protected] or calling the Deputy Clerk (831) 623-4661 during normal business hours.
In compliance with the Americans with Disabilities Act, and Govt. Code 54953(e)(1)(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 Deputy City Clerk a minimum of 48 hours prior to the meeting at (831) 623-4661.
PUBLIC NOTIFICATION
This agenda was posted on Saturday, April 15, 2023, 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/ and televised live on local Channel 17 on the date of the regularly scheduled meeting.
Item #3.A.
City Council Meeting
April 18, 2023
San Juan Bautista
California
~ Water Awareness Month, May 2023 ~
WHEREAS, California’s arid and semiarid climate, its ambitious and evolving economy, and its growing population have combined to make water shortages and conflicting demands the norm; and
WHEREAS, the rising concern of climate change could limit the state and federal governments water infrastructure due to less snowpack and environmental concerns in the Delta; and
WHEREAS, the health, welfare and quality of life for our community depends on a reliable, high quality water supply; and
WHEREAS, municipal agencies and governments continue to seek cost-effective and efficient systems to obtain and deliver water to meet the needs of residents, agriculture and the economy; and
WHEREAS, the state, county, cities and concerned citizens make strong efforts to foster wise decisions concerning water issues and water use; and
WHEREAS, the fact that California will experience periodic droughts and water conservation is critical not only during drought periods, but at all times; and WHEREAS, during May 2023, the City of San Juan Bautista is inviting everyone to find out ways to save water both at work and at home.
NOW, THEREFORE, I Mayor Leslie Q. Jordan, on behalf of the City Council for the City of Juan Bautista, hereby proclaim MAY 2023 as “WATER AWARENESS MONTH” and urge all residents, businesses, industries, institutions, and public agencies to review their water use and water systems for water use efficiency and to contact the Water Resources Association of San Benito County for water saving ideas and assistance.
Dated this 18th day of April 2023
____________________________
Leslie Q. Jordan, Mayor
Item #3.B.
City Council Meeting
April 18, 2023
San Juan Bautista
California
~ Fremont Peak Day, 2023 ~
WHEREAS, during the 1846 Mexican American War, an American Flag was unfurled over San Juan, by Major John Charles Fremont of the California Battalion, in defiance of General Castro's order to leave California; and WHEREAS, this year we salute the American Flag flying over el nido del Gabilan at high noon, as Loyalty Day with Veterans of Foreign Wars Post # 6359, San Juan Bautista, VFW #6359 Auxiliary, San Juan Bautista, and Posts of Monterey Bay District 12 as well as Native Daughters of the Golden West Parlor No. 179, Scouts of Troop 428, San Juan Bautista, and with California State Historic Park Rangers District # 19, as:
“Fremont Peak Day 2023”
NOW, THEREFORE, I Mayor Jordan, on behalf of the San Juan Bautista City Council proclaim April 30, 2023, as “FREMONT PEAK DAY 2023.” Dated this 18th day of April 2023
___________________________
Mayor Leslie Q. Jordan
Item #3.C.
City Council Meeting
April 18, 2023
San Juan Bautista
California
~ National Preservation Month, May 2023 ~
WHEREAS, the National Trust for Historic Preservation established May as Historic Preservation Month in 1973, to promote historic places for the purpose of revitalizing neighborhoods, fostering local pride and community character while enhancing livability; and
WHEREAS, Historic Preservation Month can instill awareness of the local historically significant buildings and landmarks to the residents of Millbrae and surrounding communities; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, walks of life and ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us; and
WHEREAS, this years theme “People Saving Places” is a national high-five to everyone doing the great work of saving places-in ways big and small-and inspiring other to do the same; and
WHEREAS, preserving our historic resources is vital to ensuring the success of our commercial and residential environment, and maintaining the character and heritage of the City of San Juan Bautista.
NOW, THEREFORE, I Mayor Jordan, on behalf of the San Juan Bautista City Council proclaim MAY 2023, as “NATIONAL PRESERVATION MONTH” and call upon the San Juan Bautista community to join in recognizing participation in this special observance.
Dated this 18th day of April 2023
___________________________
Mayor Leslie Q. Jordan
Item: # 6.A
City Council Meeting
April 18, 2023
AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Deputy 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 15 day of April 2023, 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 15th day of April 2023.
____________________________________________
Elizabeth Soto
Deputy City Clerk / Administrative Services Manager
Item # 6.B
City Council Meeting
April 18, 2023
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.
GC § 36934
Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 1
CITY OF SAN JUAN BAUTISTA
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2022, at 6:00 P.M.
DRAFT MINUTES
1. CALL TO ORDER – Mayor Leslie Jordan called the meeting to order at 6:00 p.m. in the City Council Chambers at 311 2nd Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE – Vice Mayor Flores led the Pledge of Allegiance. Mayor Jordan called or a moment of silence for the passing of Ann LaForge.
ROLL CALL
Present: Mayor Jordan, Council Member Edge, Vice Mayor Flores, Council Member Freels, and Council Member Freeman
Staff Present: City Manager Don Reynolds, City Attorney Robert Rathie, and Assistant City Manager Brian Foucht
2. Ceremonial Items and Swearing In of Council
A. Adopt a Resolution of the City Council of the City of San Juan Bautista Declaring the Results of the General Municipal Election Held on Tuesday, November 8, 2022
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Vice Mayor Flores to approve a resolution declaring the results of the November 8, 2022, General Election. The motion was seconded by Council Member Edge. The motion passed on a roll call vote of 5 Yes-0 No.
B. Presentation of Plaques Honoring Retiring City Council Members Mary Edge and Cesar Flores, Retiring Planning Commissioner Jackie Morris Lopez, and Retiring City Treasurer Michelle Sabathia, and Recognition by State Legislature of Council Members Flores and Edge
Senator Caballero’s Staffer Vanessa Gonzalez presented plaques and special recognition for outgoing members of the City Council and Planning Commission.
C. Installation of Newly Elected City Council Members Leslie Jordan, EJ Sabathia and Jackie Morris Lopez
County Supervisor Kolin Kosmicki performed the Oath of Offices and swore all new members into their positions.
A quorum of the new City Council membership was established.
ROLL CALL
Present: Mayor Jordan, Council Member Freels, Council Member Freeman, Council Member Morris-Lopez, and Council Member Sabathia Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 2 D. Selection of Mayor for a One Year Term
Nominations were received for Leslie Jordan and John Freeman.
Vote was taken for Mayor. Leslie Jordan received the majority of the votes.
E. Selection of Mayor Pro Tem for a One Year Term
Nominations were received for John Freeman, Jackie Morris-Lopez, and EJ Sabathia.
Council Member Morris-Lopez declined the nomination.
Vote was taken for Mayor Pro Tem. John Freeman received the majority of the votes.
3. Public Comment
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
4. Consent Items
A. Adopt a Resolution of the City Council of the City of San Juan Bautista Proclaiming and Reaffirming the Existence of Local Emergencies in the City B. Approve the Affidavit of Posting Agenda
C. Approve the Minutes of November 15, 2022 Regular Meeting D. Approve the Minutes of November 29, 2022 Special Meeting (5:00 p.m.) E. Approve the Minutes of November 29, 2022, Special Meeting (6:00 p.m.) F. Approve the Minutes of the October 25, 2022 Special Meeting G. Adopt a Resolution of the City Council of the City of San Juan Bautista Affirming the City’s Conflict of Interest Code Pursuant to Required Biennial Review H. Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting the Contract for the Franklin Circle Park Project
I. Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting the Contract for the Verutti Park Restroom Project
J. Appoint Leslie Jordan to the Economic Development Citizens Advisory Committee (EDCAC)
K. Adopt a Resolution of the City Council of the City of San Juan Bautista Accepting a Conditional Offer and Waiver of Right To Hearing from the Central Coast Regional Water Quality Control Board (“RWQCB”); Settlement Agreement and Stipulated Entry of Administrative Civil Liability (“ACL”) Order No. R3-2023-004 L. Adopt a Resolution of the City Council of the City of San Juan Bautista Approving a Professional Services Agreement with Ridgeline Municipal Strategies LLC to Prepare and Administer Grants and Loans, and Fulfill the City’s Requirements Set Forth by the State and Federal Funding Sponsors to Pay for the Environmental Protection Agency Compliance Projects M. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title A request was made for Items C, D, and F to be discussed and considered separately. Mayor Jordan called for public comment, seeing no one come forward, she closed public comment.
Items A, B, E, G, H, I, J, K, L, and M
Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 3 A motion was made by Mayor Pro Tem to approve Consent Calendar Items A, B, E, G, H, I, J, K, L, and M. The motion was seconded by Council Member Morris-Lopez.
Vote on Motion to approve Consent Calendar Items A, B, G, H, I, J, K, L, and M. The motion passed on a roll call vote of 5 Yes-0 No.
Vote on Motion to approve Consent Calendar Item E. The motion passed on a roll call vote of 4 Yes0 No-1 Abstain (Sabathia).
Item C
Mayor Jordan requested corrections noting Council Member Edge was present, but noted as absent; Fran Fitzharris’ application.
City Attorney Rathie noted amendments for the Public Hearing regarding the abatement. He requested language be added stating “Property Owner Cynthia Orozco objected and stated she was not given the opportunity to abate as the city took the lead role and it is her intent to abate the nuisance and resolve the situation as soon as possible, which would be in accordance with the resolution.”
A motion was made by Vice Mayor Freeman to approve Consent Agenda Item C, as amended. The motion was seconded by Council Member Edge. The motion passed on a roll call vote of 5 Yes-0 No.
Item D
City Attorney Rathie noted amendments for the Public Hearing regarding the abatement. He requested language be added stating “Property Owner Cynthia Orozco objected and stated she was not given the opportunity to abate as the city took the lead role and it is her intent to abate the nuisance and resolve the situation as soon as possible, which would be in accordance with the resolution.”
A motion was made by Mayor Pro Tem Freeman to approve Consent Calendar Item D, as amended.
The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 5 Yes-0 No.
Item F
City Attorney Rathie noted amendments for Item 3.b. regarding the abatement. He requested language be added stating “Property Owner Cynthia Orozco objected and stated she was not given the opportunity to abate as the city took the lead role and it is her intent to abate the nuisance and resolve the situation as soon as possible, which would be in accordance with the resolution.” Mayor Jordan noted a spelling error of the word is under Item 3.b. to be corrected.
A motion was made by Mayor Pro Tem Freeman to approve Consent Calendar Item D, as amended.
The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 5 Yes-0 No.
5. Presentations, Proclamations, Informational Items and Reports Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 4 A. Ralph M. Brown Act Introduction/Refresher – City Attorney Bob Rathie City Attorney Rathie presented on the Ralph M. Brown Act, accompanied by a PowerPoint, and fielded questions from the Council.
B. City Council and Staff Announcements
All Council Members wished everyone Happy Holidays.
Council Member Freels requested the City’ support for the Sixth Grader’s science camp held in January and read a letter received by Katie Shear regarding the schools.
Mayor Jordan announced an upcoming ribbon cutting.
City Manager Reynolds announced City Hall holiday closures.
C. Reports from City Council Representatives to Regional Organizations and Committees
Mayor Pro Tem Freeman reported on the Water Resources Board and Integrated Waste Management Committee meetings.
There were no other reports.
D. Treasurer’s Report and Monthly Financial Statements
City’s Certified Public Accountant Wendy Cummings provided a brief summary of the staff report and fielded questions from the Council.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
E. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
c. Commercial Truck Traffic
City Manager Reynolds provided a report, accompanied by a PowerPoint, regarding general matters of the City and fielded questions from the City Council.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Mayor Jordan requested to hear the agenda out of order and go to Item 7.F. Hearing no objection from the City Council, the agenda was heard out of order.
7. F. Ordinance for Selection of Planning Commissioners – Council Member Freeman Mayor Pro Tem Freeman presented the report and requested an ordinance amendment for the entirety of the City Council consider all applications together.
Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 5 Council Member Freels stated he preferred each Council Member appoint their own Planning Commissioner to a seat.
Council Member Morris-Lopez stated she preferred the process remain as stated in the current ordinance and it be an open process.
Council Member Sabathia stated he preferred the process remain as stated in the current ordinance.
Mayor Jordan stated she preferred the process remain as stated in the current ordinance.
Mayor Jordan called for public comment.
David Medeiros testified he supported the full Council vet and select the Planning Commission Members.
Seeing no further comment, Mayor Jordan closed public comment.
Direction was given to staff to not brig an ordinance back.
6. Action Items
A. Select Ad Hoc Committee to Interview Candidates to Fill Four (4) Vacancies on the Planning Commission
Mayor Pro Tem Freeman, Council Member Freels, Council Member Sabathia, and Mayor Jordan volunteered.
Mayor Pro Tem Freeman and Council Member Freels withdrew.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Council Member Morris-Lopez to appoint Mayor Jordan and Council Member Sabathia to serve on the Ad Hoc Committee. The motion was seconded by Council Member Freels.
The motion passed on a roll call vote of 5 Yes-0 No.
B. Select Check Signers for City Bank Account
City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
A motion was made by Mayor Pro Tem Freeman to add Council Members Freels and Morris-Lopez as check signers. The motion was seconded by Council Member Freels. The motion passed on a roll call vote of 5 Yes-0 No.
C. Discuss Disposition of Parklet and Direct Staff Accordingly Assistant City Manager Foucht presented the staff report, accompanied by a PowerPoint, and fielded questions from the City Council.
Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 6 Council Member Freels stated he was not in favor of the disposition of the parklets until the Governor’s final decision was regarding COVID emergencies and to see how it plays out for the remainder of the winter. He stated he wanted to see the 3rd Street Master Plan to move forward.
Mayor Pro Tem Freeman suggested charging rent for the parklets and to wait until at least February to bring something back for consideration.
Council Member Morris-Lopez suggested removing them for retail, but keep them for food and beverage establishments.
Council Member Sabathia said he was comfortable making the decision now with a contingency of changing it dependent on future need.
Mayor Jordan stated she would like to see assistance provided to defray costs for removal.
Mayor Jordan called for public comment.
David Medeiros supported the disposition of the parklets.
Seeing no further comment, Mayor Jordan closed the public comment.
Direction was given to staff to prepare a resolution for a future agenda to remove encroachments, remove for retail, and support to defray the costs of removal.
7. Discussion Items
A. Noise Ordinance
Mayor Jordan called for a recess at 9:00 p.m. The meeting reconvened at 9:07 p.m.
City Attorney Rathie presented the staff report and fielded questions from the City Council.
Council Members discussed the need to have a baseline to be objective, decibel level be established, and consideration be made for construction and rental facilities.
Mayor Jordan called for public comment.
City Manager Reynolds read Judy Cain’s public comments.
Seeing no further comment, Mayor Jordan closed the public comment.
City Manager Reynolds noted staff received clear direction on how staff should proceed.
B. Authorize Staff to Post Notice Accepting Applications for City Treasurer Appointment
City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Consensus from the Council was to move forward as recommended by staff.
Item #6.C.
City Council Meeting
April 18, 2023
Regular City Council Meeting Minutes – December 20, 2022 Page 7 C. Update City Clerk Ordinance to Reflect Appointment Process City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Consensus from the Council was to move forward as recommended by staff.
D. City Calendar: Reschedule January Regular Council Meeting to January 24, 2022 (due to Conflict with New Mayors and Council Members Academy in Sacramento on January 18), and Close City Hall the week of December 26.
City Manager Reynolds presented the staff report.
Mayor Jordan called for public comment. Seeing no one come forward, she closed public comment.
Consensus from the Council was to move forward as recommended by staff.
E. Use of Community Hall for Local Seniors – Mary Edge
City Manager Reynolds and Mayor Jordan presented the staff report.
Mayor Jordan called for public comment.
Teresa Lavagnino commented on the status of the acoustics and construction/remodel work planned for the future.
Seeing no further comment, Mayor Jordan closed public comment.
Consensus from the Council was to move forward as recommended by staff.
F. Ordinance for Selection of Planning Commissioners – Council Member Freeman Item 7.F was heard out of order prior to Item 6.
8. Adjournment
There being no further business, Mayor Jordan adjourned the meeting at 9:42 p.m.
Respectfully submitted,
_____________________________________
Don Reynolds, City Manager/Acting City Clerk
Item # 6.D
City Council Meeting
April 18, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 18, 2023
DEPARTMENT: FIRE DEPARTMENT
BY:
FROM: BOB MARTIN DEL CAMPO, FIRE CHIEF
TITLE: CONSIDER A RESOLUTION DECLARING THE CONDITION OF
CERTAIN PROPERTIES TO CONSTITUTE A PUBLIC
NUISANCE AND ORDERING THE ABATEMENT OF WEEDS
THEREON, AND NOTICING A HEARING FOR THE RECEIPT
OF OBJECTIONS TO THE PROPOSED ABATEMENT
RECOMMENDED ACTION:
Staff recommends City Council approve a Resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.
BRIEF DESCRIPTION:
This Resolution starts the legal process for the 2023 Weed Abatement Program declaring the condition of certain properties to constitute a public nuisance due to the existence of weeds and noticing a hearing for the receipt of objections by property owners to the proposed abatement by the City.
DEPARTMENT SUMMARY:
All year the City has a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. This Resolution declares certain properties to constitute a public nuisance, orders their abatement by May 15, 2023, and sets a public hearing for May 16, 2023, and orders notice of the hearing to be sent to affected property owners. Unless the owners prior to the City’s deadline abate the weeds, the City will cause the work to be performed and charge the costs as liens filed against the property on which abatement is performed.
FINANCIAL IMPACT:
Estimated costs $10,000 (to be recovered from property owners).
CEQA:
N/A
Page | 1
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
DECLARING THE CONDITION OF CERTAIN PROPERTIES TO CONSTITUTE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF WEEDS THEREON,
AND NOTICING A HEARING FOR THE RECEIPT OF OBJECTIONS TO THE
PROPOSED ABATEMENT
WHEREAS, Government Code Sections 39560 et seq. authorizes the City Council to declare properties in the City to be public nuisances and to abate said public nuisances by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties; and
WHEREAS, the City of San Juan Bautista is authorized by state and local law to charge the costs of abatement to the property owner as a lien against the subjected property.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Any properties within City limits found to be in neglect are hereby declared to be public nuisances by virtue of the existence of noxious and dangerous weeds and rubbish thereon, which constitute a fire hazard, and will continue to constitute, ongoing, seasonal and recurrent public nuisances.
2. All rubbish, refuse and dirt of a flammable nature on or adjacent to said properties, and all weeds, as the same are defined in Government Code Section 39561.5, on or adjacent to said properties, unless abated by the owners thereof on or by May 15, 2023, shall be removed and abated by the City in the manner provided for by Government Code Sections 39560, et seq., and the costs thereof shall be assessed as a lien against the property and made a personal obligation of the property owner.
3. The City Council shall hear any objections to the proposed abatement of said public nuisances at the Public Hearing on Tuesday, May 16, 2023 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City of San Juan Bautista, City Hall, 311 Second Street, San Juan Bautista, California.
4. The City Clerk of the City of San Juan Bautista is hereby directed to cause the notice of the adoption of this Resolution and notice of the time and place when objections to the proposed abatement of said public nuisances will be heard, to be given in the manner and form provided for in Section 39567.0 of the Government Code of the State of California.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista at a Regular Meeting held this 18th day of April, 2022, by the following vote:
Page | 2
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
_____________________________
Elizabeth Soto, Deputy City Clerk
2023
Weed Abatement
Official List
Exhibit "A"
Parcel No. Owner/Caretaker Mailing Address Mailing Address1 City State Zip Physical Location 002-130-004-000 THOENY FAMILY TRUST 2981 SAN JUAN HOLLISTER RD SJB CA 95045 501 THIRD STREET 002-160-013-000 GARRATT PATICK-REGINA ET AL PO BOX 1052 SJB CA 95045 0 THIRD STREET 002-190-010-000 LIU GEORGINA L 9816 HILL STREET MENSINGTON MD 20895 0 FOURTH STREET 002-19-011-000 GAVILAN INV LLC A CA LTD LIAB CO PO BOX 1962 LOS GATOS CA 94023 33 WASHINGTON STREET - OPEN LOT 002-210-002-000 SANTANA ANGELINA ALICIA ET AL PO BOX 940 SJB CA 95045 0 FOURTH STREET 002-220-003-000 CITY OF SAN JUAN BAUTISTA PO BOX 1086 SJB CA 95045 002-230-001-000 LOAYZA ROSA & EDMUNDO 2096 STONE AVE SAN JOSE CA 95125 1130 FIRST STREET 002-240-013-000 RIBEIRO ALBERT D-ESTHER PO BOX 1328 SJB CA 95045 1024 FIRST STREEET 002-250-005-000 COKE DALE C LIVING TRUST PO BOX 186 AROMAS CA 95004 0 FIRST STREET 002-250-006-000 DIOCESE OF MONTEREY ED & WEL CORP PO BOX 2048 SJB CA 95045 0 SECOND STREET 002-260-056-000 HILLSIDE VISTAS LLC A CA LTD LIAB CO 144 W LAKE AVE WATSONVILLE CA 95076 0 THIRD STREET # PCL A 002-270-002-000 SAN BENITO CO CHPTR JAPANESE-AMER CIT PO BOX 631 SJB CA 95045 708 FIRST STREET 002-290-043-000 RAYMER FAMILY TRUST PO BOX 449 SJB CA 95045 0 MONTEREY STREET 002-310-002-000 ROMAN CATHOLIC BISHOP OF MONTEREY PO BOX 2048 SJB CA 95045 0 RODEO GROUNDS 002-320-002-000 AVILLA MARY DOROTHY REV TR ET AL 130 SAN JUAN HWY SJB CA 95045 63 MUCKELEMI STREET 002-320-006-000 POST 6359 VETERANS OF FOREIGN WARS PO BOX 501 SJB CA 95045-0501 SAN JUAN BAUTISTA 002-320-008-000 MANNING KATHLEEN ET AL 130 SAN JUAN HWY SJB CA 95045-9527 0 MONTEREY STREET 002-340-006-000 FERNANDEZ ROBERT & MARTHA 535 ANZAR ROAD SJB CA 95045 11 FRANKLIN STREET 002-340-007-000 FERNANDEZ ROBERT & MARTHA 535 ANZAR ROAD SJB CA 95045 0 FRANKLIN STREET 002-350-002-000 H & H RODRIGUEZ RANCH DEVELOPMENT LLC 1441 DENTWOOD DRIVE SAN JOSE CA 95118 0 SAN JUAN LATERAL 002-350-030-000 AVILLA MARY DOROTHY REV TR ET AL 130 SAN JUAN HWY SJB CA 95045 0 MUCKELEMI STREET 002-370-020-000 ALEXANDER PATRICIA M PO BOX 142 SJB CA 95045 400 SIXTH STREET 002-420-017-000 NINO REAL ESTATE 55 BEST ROAD HOLLISTER CA 95023 302 SEVENTH STREET 002-430-020-000 DALOIA FAM TR 2289 KENWOOD AVE SAN JOSE CA 95128 0 FRANKLIN STREET 002-470-008-000 FIRPO ANGELA LIVING TRUST PO BOX 983 SJB CA 95045 0 FRANKLIN STREET 002-480-005-000 CERDA HIPLOLITO G-SILVA R 15354 CASTROVILLE BLVD CASTROVILLE CA 95012-9727 100 THE ALAMEDA 002-490-002-000 NEUBAUER ANDREW-MARGARET LIV TRUST PO BOX 1357 SJB CA 95045 10 FRANKLIN STREET Created on: 3/21/08
Last Modified: 4/10/2023 1
2023
Weed Abatement
Official List
Exhibit "A"
002-510-001-000 MEDINA PAUL TR ET AL 1627 E 213 STREET CARSON CA 90745 501 WASHINGTON STREET 002-510-020-000 FERNANDEZ NANCY C PO BOX 754 SJB CA 95045 171 LANG STREET 002-520-012-000 SJB DEVELOPMENT A CA CORP 1534-D FREMONT BLVD SEASIDE CA 93955 0 THE ALAMEDA 002-520-013-000 HACIENDA DE LEAL LLC A CA LTD LIAB CO 300 MARANATHA DRIVE HOLLISTER CA 95023 410 THE ALAMEDA 002-530-021-000 ALNAS JOHN-LUPE FAMILY TRUST PO BOX 664 SJB CA 95045 18 LANG STREET 002-540-011-000 DENNY CARA L PO BOX 954 SJB CA 95045 0 POLK STREET 002-550-003-000 KURASAKI KAZUKO ET AL PO BOX 1450 SJB CA 95045-1450 400 SAN JUAN HOLLISTER HWY 002-550-004-000 KURASAKI KAZUKO ET AL PO BOX 1450 SJB CA 95045-1450 400 SAN JUAN HOLLISTER HWY 002-550-006-000 DIAS GEORGE J JR & GEORGE A PO BOX 640 SJB CA 95045 1020 MISSION VINEYARD RD 002-563-002-000 HANSON ABE-SHARON PO BOX 424 SJB CA 95045 153 LANG STREET 002-510-018-000 LEAVER BETTY LOU & CARL D 175 LANG STREET SJB CA 95045 175 LANG STREET Created on: 3/21/08
Last Modified: 4/10/2023 2
Item # 6.E
City Council Meeting
April 18. 2023
Page | 1
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING CLOSURE OF STREETS FOR CERTAIN SPECIAL EVENTS IN 2023 WHEREAS, The City has received the following applications for Special Events in 2023 and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:
NorCal Dubaffair
July 29, 2023 from 6 AM – 6:30 PM ,
Third Street From Franklin to Muckelemi Streets
Washington Street, Mariposa Street, Polk Street Between Second and Fourth Streets Rotary Rainbow Run (Revised)
April 23, 2023 From 6 AM - 11 AM
From The Alameda at Pearce St, Franklin to Second Street, Second Street to Polk, Third Street from Franklin to Lavagnino; Lavagnino to Larios and Muckelemi to Sixth Street, Sixth Street to Franklin, and Franklin from Sixth St. to Third Street (see attached map) BE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:
1. All conditions and requirements of agencies, including the Fire Marshall, San Benito County Sheriff, Building Official, Public Works Director, San Benito County Health Dept., San Benito County Integrated Waste Management, Community Development Director shall be met prior to, during, and after the event in the manner deemed necessary by the City Manager.
2. Prior to each event, Sponsors shall submit an agreement to reimburse the City in accordance with an invoice duly issued by the City to cover City expenses as deemed necessary by the City Manager to support administrative, material and City staff time associated with the Street Closure.
PASSED AND APPROVED this 18th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
Item # 6.E
City Council Meeting
April 18. 2023
Page | 2
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item: # 6.F
City Council Meeting
April 18, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 18, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: AMEND THE PERSONNEL CLASSIFICATION PLAN ADDING A
RECREATION CLASS, AND APPROVE THE PART-TIME
RECREATION ASSISTANT JOB DESCRIPTION AT A PERHOUR PAY RATE OF $19.94 – $26.72 PER HOUR RECOMMENDED MOTION:
Approve a Resolution amending the Personnel Classification Plan adding a recreation class, approve the part-time recreation assistant job description at a per-hour pay rate of $19.94 – $26.72 per hour, and authorize the recruitment of this position.
EXECUTIVE SUMMARY:
The attached Resolution implements the strategy in the City Council’s Strategic Plan to initiate a City recreation program by amending the City Personnel Classification Plan, and adopting the new Job Description for a part-time Recreation Assistant.
BACKGROUND:
The City Council has been talking about establishing a recreation program for some-time now, and in earnest last summer when the Joint Use Agreement was executed with the School District.
The Joint Use Agreement opened up the San Juan School playground, turf area and basketball courts to residents when school is not in session. The Community Hall is also being improved acoustically for better use for recreation programs including senior lunches and activities.
Recreation discussions recently occurred with City Council in February and March. The work of the Economic Development Citizens Advisory Committee weas shared showing a wide range of support for recreation. It was determined at the mid-year budget that the City can afford the new operational expenses for a recreation program.
Initially the Recreation program will be work from the Library and report directly to the City Manager. It is hopeful that some summer programs at Luck Park can arranged sooner than later.
Page | 2
FISCAL IMPACT:
The annual expense of a Part-Time Recreation Technician will cost approximately $25,000 to $30,000 per year. Operational expenses will also be incurred for supplies, promotion and programming.
ATTACHMENTS:
Proposed Resolution amending the Personnel Classification Plan adding a recreation class, and the part-time recreation assistant job description
CLASS TITLE: RECREATION
JOB DESCRIPTION: RECREATION ASSISTANT (PART-TIME/HOURLY) Salary $19.94 - $26.72 Hourly
JOB SUMMARY
Assists with or independently organizes, plans, directs and implements a wide range of programs that foster human development, promote health and wellness, provide recreational experiences, and strengthen safety and security through activities, programs, and special events. Employees in this classification receive general supervision within a framework of standard policies and procedures. This position may assist in supervising or directing the work of volunteers, or other part-time staff. This job class requires knowledge of recreation program principles, creative ability, and organization and planning skills.
DISTINGUISHING CHARACTERISTICS
This job class is responsible for a variety of program areas and functions focusing on seniors and children age 18 or younger, at an entry level or classification.
EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• assists in the planning and delivery of a defined activity and/or program area or service, which may include pre-school programs, after school/summer programs, facility/equipment rental programs, aquatics, sports or special events • establishing youth sports leagues
• assists with supervising, leading and directing assigned program staff • purchases and orders supplies and materials
• follows and gives oral and written directions
• maintains accurate records and prepares reports
• supervises program activities and participants
• maintains facility and equipment in a clean and orderly manner • responds calmly and efficiently in emergency situations • observes and enforces safety regulations to secure safety of activity, participants and spectators
• ensures proper food and/or cash handling procedures are maintained • provides excellent customer service, to include professionally and politely communicating with participants, parents, and teammates • maintains order, discipline and good public relations • opens and closes buildings
• drives City vehicles and transports program participants and staff • performs related duties similar to the above in scope and function as required
EMPLOYMENT STANDARDS
Knowledge of:
• recreational and cultural programs, principles, practices, methods, techniques, procedures and policies of planning and promoting, and/or events related to area of assignment
• facilities, operations and techniques used in area of assignment • effective use of technology - computer and modern office equipment - to organize and distribute information
• proper English language usage, spelling, vocabulary, grammar, and punctuation in order to read, comprehend, and communicate clearly, concisely, and tactfully both verbally and in writing
• modern theories, principles, practices, methods and human development models of organizing, conducting, and directing play and recreation to create recreational experiences
• understanding of inclusive practices as they apply to the operation of programs, services, and facilities
• time management tools and techniques to organize, prioritize, and follow up on work assignments to meet deadlines
• techniques of advertisement, outreach, and public relations for the promotion of assigned program area
• practices of coordinating, training, and monitoring subordinate staff or volunteers Ability to:
• provide creative leadership in organizing, directing, and conducting recreation programs and activities
• determine supplies and equipment necessary for assigned programs • prepare accurate reports, program schedules, and publicity materials as required • work well with community groups, parents, volunteers, and staff • assist with and/or supervise use of facility or monitoring of activity to ensure compliance with policies and codes, protection of property, and safety of all users and staff and resolve conflicts or problems that arise
• effectively and tactfully communicate in both oral and written forms • establish and maintain effective work relationships with those contacted in the performance of required duties
TRAINING AND EXPERIENCE:
Any combination of training and experience, which would provide the required knowledge and abilities, is qualifying. A typical way to obtain the knowledge and abilities is:
• to have actively lead groups of people in the delivery of sports programs, music, art and/or music classes, or similar recreational activities • have some experience developing, promoting, implementing, and supervising a recreation program and communicating with the general public and/or in leadership such activities, or related work
LICENSE & CERTIFICATION:
• possession of a valid California Class C Driver’s License and a safe driving record • must obtain CPR and first aid certifications within six months of employment
PHYSICAL REQUIREMENTS
Physical requirements described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. These typically include:
• prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities • grasping, repetitive hand movement and fine coordination • walking on uneven surfaces
• see and hear in the normal visual and audio ranges with or without correction • work indoors in an office environment subject to heat\cold and fragrances • reach above and at shoulder height
• drive a vehicle
• depending on area of assignment, the nature of the work may require the incumbent to work outdoors, lift equipment and materials weighing up to 50 pounds and work evenings, weekends and holidays
RESOLUTION NO. 2023- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA ESTABLISHING A NEW CLASS OF CITY EMPOLYMENT “RECREATION” AND
ADOPTING THE RECREATION TECHNICAN JOB DESCRIPTION
WHEREAS, On June 19th, 2018, the City adopted Resolution 2018-26, and its Personnel Rules; and
WHEREAS, Personnel Rule III describes the City’s Job Classification Plan and defines its purpose to inventory each type of job class working for the City, and the process for amending it; and
WHEREAS, the role of the City Manager is to present for City Council consideration and approval of amendments from time to time as the organization changes; and WHEREAS; in the City Council’s current Strategic Plan, is a strategy to explore and implement a new Recreation work class in the City, and following a discussion at its March 21, 2023 City Council meeting, staff presented a draft job description for a part-time “Recreation Assistant” position; and
WHEREAS, that same job description is attached to this proposed resolution and presented for City Council’s consideration and approval adding a Recreation Class to the City’s Classification Plan, and its first related job description part-time “Recreation Assistant,” to this new Class of worker; and
WHEREAS, the draft job description included a per hour pay rate of between $19.94 and $26.72 and this rate was not discussed or cause concern at the March 21, 0223 Council meeting.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. That it hereby amends its Personnel Classification Plan by adding a new Class titled “Recreation.”
3. It further amends the Classification Plan adding the job description for a part-time “Recreation Assistant.”
4. Authorizes the City Manager to recruit for this position at a per hour rate of between $19.94 and $26.72 per hour.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista at a regular meeting held on the 18th day of April, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Item #7B
City Council Meeting
April 18, 2023
Treasurer’s Report
For the Eight-Month Period Ended February 28, 2023
(67% of fiscal year)
General Fund ~
General revenues are running at 67% for the year to date. Correspondingly, general fund expenditures are at 51% for the year to date. The net effect is a positive change in general fund balance of $582k.
Water Enterprise Fund ~
The water enterprise fund revenues are running at 68% for the year to date, and expenses are at 65%. The net effect is a positive change in the water enterprise fund of $303k.
Sewer Enterprise Fund ~
The sewer enterprise fund revenues are running at 86% for the year to date, and expenses are at 73%. The net effect is a positive change in the sewer enterprise fund of $338k.
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Eight Month Period Ended February 28, 2023
Item #7B
City Council Meeting
April 18, 2023
REVENUES FY22 FY23 Annual YTD
Fund Actuals Actuals Budget Difference 67% Notes
General Fund 1,488,034 1,842,908 2,737,935 (895,027) 67% Special Revenue Funds:
Capital Projects Fund 126,408 1,394,935 3,186,996 (1,792,061) 44% B Community Development 84,833 51,228 404,514 (353,286) 13% A COPS 93,524 110,361 100,000 10,361 110% C
Parking & Restroom Fd 32,985 17,417 26,000 (8,583) 67%
Gas Tax Fund 58,874 58,661 98,520 (39,859) 60%
Valle Vista LLD 14,069 17,686 26,529 (8,843) 67%
Rancho Vista CFD 43,019 44,347 66,521 (22,174) 67%
Copperleaf CFD 13,971 15,100 22,650 (7,550) 67%
Internal Service Funds:
Blg Rehab. & Replace 25,333 25,333 38,000 (12,667) 67%
Vehicle Replacement 40,000 40,000 60,000 (20,000) 67%
Enterprise Funds:
Water
Operations 745,064 828,118 1,213,800 (385,682) 68%
Capital - - 79,350 (79,350) 0% B
Sewer
Operations 804,039 1,016,505 1,185,000 (168,495) 86%
Capital - - 484,352 (484,352) 0% B
TOTAL Funds 2,082,120 3,619,692 9,730,167 6,110,475 37% A ~ These funds are developer derived and are recognized when received.
B ~ The timing of the projects and the related revenue does not always align with the year-to-date percentages.
C ~ COPS revenues are coming in higher than anticipated at the time of budget.
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 2/1/2023 Through 2/28/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name
Matching Document
Date Check Amount
2/3/2023 EFT CalPers 1/20/2023 2,953.91
2/14/2023 216465 Core & Main 1/18/2023 557.73
2/14/2023 216466 Iconix Waterworks (US) inc. 1/1/2023 870.71 2/14/2023 216467 McKim Corporation 1/18/2023 235,167.85 2/14/2023 216468 Allison Newman 1/25/2023 230.00
2/24/2023 216469 AFLAC 2/28/2023 934.44
2/24/2023 216470 Baker Supplies and Repairs 2/8/2023 17.17 2/24/2023 216471 Clark Pest Control 2/14/2023 102.00
2/24/2023 216472 CMAP 1/1/2023 1,089.99
2/24/2023 216473 CSG Consultants, Inc. 1/13/2023 21,600.00 2/24/2023 216474 Cypress Water Services 1/31/2023 11,175.00 2/24/2023 216475 Ferguson Enterprises LLC 1/19/2023 9.98 2/24/2023 216476 Hamner Jewell Associates 1/31/2023 774.50 2/24/2023 216477 Jackie Morris-Lopez 1/20/2023 683.50
2/24/2023 216478 Judy's Gifts & Awards 2/15/2023 25.98
2/24/2023 216479 Monterey Bay Analytical Services 2/3/2023 3,546.00 2/24/2023 216480 New SV Media 2/10/2023 709.60
2/24/2023 216481 Nigel Belton Consulting Arborist 2/9/2023 570.00 2/24/2023 216482 Ready Refresh 2/12/2023 147.97
2/24/2023 216483 Regional Government Services 1/31/2023 1,332.30 2/24/2023 216484 Rx-Tek 2/6/2023 333.31
2/24/2023 216485 Sprint 2/8/2023 444.64
2/24/2023 216486 Stantec Consulting Services Inc. 1/1/2023 12,651.50 2/24/2023 216487 US Bank Equipment Finance 3/7/2023 249.61 2/24/2023 216488 Valero Wex Bank 2/14/2023 1,107.47
2/24/2023 216489 Don Reynolds 2/10/2023 481.80
2/24/2023 216490 League of California Cities 2/6/2023 300.00 2/28/2023 216491 Department of Transportation 1/1/2023 1,300.34 2/28/2023 216492 State Water Resources Control Board 2/13/2023 33,000.00 Report Total 332,367.30
Page: 1
4/15/2023
1 City Manager Monthly Report
All FEMA all the time!
Working with 3 overlapping Disasters and Subsequent FEMA Claims COVID Submitted before 12.31.2022-
($150,000 – still being audited now)
Submitted January Storms Claim week of 3.21.23 ($65,000) Met twice with FEMA in March and April
Claim now includes Rancho Vista
Claim now at $171,000
Scheduled a 3rd Meeting on Claims
FIRM Mapping Meeting
Site Inspection to confirm damages
Day-To-Day response to March 9 flooding
Initial Damage Estimate not ready yet
A lot more private property damage this time
City Manager Monthly Report
March 9-10 Floods
Most damage occurred south of Highway 156
Mission Farms RV Park- displaced more than 40 residents Damage on Lang Street/Alameda & Dias Trailer Park
FEMA Inspections occurred 4.12.2023
FEMA Inspection Saturday March 18th
Rancho Vista Storm Water system being evaluated
Reviewed with FEMA 3.12.23 at 1:30 meeting
12+ RV Culverts full of silt
Estimated an additional $100,000 in costs to recover
Working with Red Cross and coordinating w/volunteers & donations CM attended 3- 8 AM Monday meetings w/service orgs (3/24, 3/31, 4/3, 4/10, 4/17 Referred 5 families from MF RV Park – they declined a 6-month housing op
INDIVIDUAL ASSITANCE IS AVAILABLE FROM FEMA FOR THOSE THAT LOST OR INCURRED
DAMAGE TO THEIR HOMES
4/15/2023
2 Flooding in South SJB
City Manager Monthly Report
SEWER FORCE MAIN
Continue to Adjust schedules within the
Out to bid 4.21.23
USDA conitnues to be very flexible- agreed to delay several “conditions” April 13, 2023 Agreed and approved City’s Bid package/process Draft long-term Agreement sent to Hollister Week of April 5, 2023 Approved by USDA so bidding can begin!!!!
Finance Plan Status
EPA STAG & State Water Board grants, USDA, Line of Credit Green Light
4/15/2023
3 April 1st Calendar
Current Calendar
4/15/2023
4 Sewer Force-main Schedule
Updated Twice in two Weeks (April 12, 2023)
Bidding to start with USDA Approval
After Council approves PS&E 4.18;
or 4.21.23
USDA has asked to use SJB as a case study for success
City Manager Monthly Report
Import Surface Water
District Considering three alternate routes for the pipeline Design on Hold until City Agreement is approved
Draft Agreement prepared and ready for submittal to District Draft Agreement is with Downy Brand, next priority after Hollister Intergovernmental Meetings
No new news to report
4/15/2023
5 City Manager Monthly Report
New HRB and Planning Commission seated
Grant Application for the 3rd Street Multi Modal Center Received 17 letters of support
Submitted to Cal Trans week of March 6th
$350,000 Request
No word yet
RFP for the Housing Element Update due March 31st
Consultants being interviewed
UGB/SOI Subcommittee Prepared to Re-Start
Orientation with new member occurred
Have not had time to schedule meeting – within 10 days
REAP 2 grant AMBAG process defined now aligned with housing and transportation programs
City Manager Monthly Report
Citygate and Strategic Planning Presented April 14 and 15 2023 Organizational Study
Fiscal Analysis and Update
Staffing and Organizational Issues to be reviewed
Did include administrative support, and Deputy City Clerk duties Did Include Separate Public Safety review to occur as well Taken a lot of time to coordinate
Very Ambitious
Grateful for Council and Commission patience
Process is good for the City- but not at all easy
Defines City Manager and City Council priorities
4/15/2023
6 City Manager Monthly Report
Citygate and Strategic Planning
April 14 Special City Council/Planning Commission Strategic Planning Workshop
Friday- all day event April 14- How was it?
Will Did review the Strategic Plan from the 2016 General Plan (Section 18, starting on Pages 256-325)
Will Did review the past Strategic Plans
Three initiatives (safety, SOI, 3rd Street) plus Recreation Will Did review the fiscal and org capacities
Will Did include feedback from Interviews and Surveys
April 15 – special City Council 2-hour wrap up (how was it?) City Manager Monthly Report
Public Meeting Training (do all Commissioners and Council practice the new directions??)
Held Tuesday March 7
Joint CC-PC meeting- all but one in attendance
Getting the City into the 21st Century
Transparency- City Clerk is the “Bridge”
City needs “Rules of Conduct”
Defines How Meetings Proceed
Establishes Equity
Establishes Accessibility
4/15/2023
7 City Time well spent?
City Spending a lot of time on:
Enforcement and responding to those enforced
Frequent complaints about unfair enforcement
Frequent complaints about no enforcement
Midnight Express compliance- huge time suck
Loayza- Unresolve- huge time suck
Business Districts downtownthe battle between the two competing “Associations” not Districts- define what a district is…
Huge time requirements/hand holding
New City Councilmembers
Enjoy working with them
A lot to learn
Adding Items to the Council Agenda- teaching the process Back stories on several matters
Enforcement, Zoning, homeless, etc.
This is Critical work!
Bringing it all together; 5 members- one City Council
4/15/2023
8 Arts and Crafts Fair De-Brief
Vendors crashing the event…
Interests outside of Special Event permit areas
Interests within the Permit areas
Concerns about special attention- time suck
Enforcement bad and good (??)
De Brief Thursday 4.13.23
Security – Day-time VS after hours
Preparing for Rib Cook Off - already troublesome
Nuisance Properties
Numerous Complaints
Numerous Properties
Need for an updated ordinance
Considered in January
Does Council wish to re- visit this?
Bring back a better process?
4/15/2023
9 Non Compliant Fences
Only a handful…
Reason for City Enforcement Vehicle on Hwy 156
No More “blue and red” lights
Three fences too tall- need Building Dept Review
One wall collapsed
Can’t find approved wall specs
Food Trucks and Benito Link
Something out of nothing
Restoring trust in Benito Link
Struggled to get accurate story
Always trusted them
Local un biased reporting?
Fourth Branch of Government
4/15/2023
10 3 CE
Letter of support for 30-acre solar field
$30 million investment
Supports SJB when regular power supply is
down
Plan for Electric Fleet
By 2027, city fleet must be electric
3CE has $450 K to accommodate/pay for this
transition
Looking to small cities that need support
SJB is a great example and great opportunity
COG- TAC
Came across a new funding source
Worth $60,000 to the City
Needs to be spent by April 30th
Agreed to support allocation to Hollister
Hollister has a shovel ready project
Hollister to credit RSTP funds
City to get extra RSTP funds to balance the shift
4/15/2023
11 Grant status
Concerned that City may be over engaging
The City does not have the capacity to apply for every grant in 2019- “$0” Grants
in 2023- $20 million in grants and loans currently
$18 million just for the for sewer main
Recently applied for private grants to fund Community Hall Great Collaborative
Applied for a teen mentoring grant- not sure what this is about! Applying for an Abbe Park Grant - $250,000
If the City fails to properly manage a grant, it will ruin future opportunities Public Safety
Citygate reviewRemove Private Security
Build City CSO program
Improve City programs
Coordinator position
Hybrid Code Enforcement effort/CSO effort
Animal Control- purchase pre-fab kennel
Better control of County Sheriff Services
Shift Logs
GPS on Sheriff Vehicles
Cameras systems improving
4/15/2023
12 City Hall- Not approachable?
PC Meeting 4.11.23
A good conversation
Enforcement (?)
Code Enforcement as education
Ordinances not being enforced uniformly
How do you know?
Conversation with Hopa Bros, Food Trucks
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Item #8.A.
City Council Meeting
April 18, 2023
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
AGENDA TITLE: Ordinance No. 2023- xx, Amending the Chapter Title of Chapter 5.1 and Sections 5-1-100 and 5-1-105, Repealing Sections, 5-1-150, 5-1-160, and 5-1-170 of Article 1 of Chapter 5.1 of Title 5 “Public Health, Safety and
Welfare,” of the City of San Juan Bautista Municipal Code to Adopt By Reference in its Entirety the California
Building Standards Code 2022 Edition of the California
Fire Code and Appendices, Title 24, Part 9, of the
California Code of Regulations, with Certain Exceptions, Modifications and Additions Required by Local Climatic, Geological or Topographical Conditions, and Approving
Findings to Support Local Modifications.
MEETING DATE: April 18, 2023
DEPARTMENT HEAD: Fire Chief Bob Martin Del Campo
RECOMMENDED ACTION: Staff recommends that the City Council adopt these changes by an Ordinance of the City Council of the City of San Juan Bautista (attached as Exhibit A) amending the Chapter Title of Chapter 5.1., amending Sections 5-1-100 and 5-1-105, repealing sections 5-150, 5-1-160, and 5-1-170 of Chapter 5.1, Article 1, of Title 5 “Public Health, Safety and Welfare” of the San Juan Bautista Municipal Code and adopting by reference in its entirety the 2022 Edition California Fire Code and Appendices, Title 24, Part 9, of the California Code of Regulations with certain exceptions, modifications and additions required by local climatic, geological or topographical conditions, and approve findings to support local modifications.
BACKGROUND INFORMATION: Fire Protection agencies are required to enforce the current State Building Standards Codes, and local jurisdictions are allowed to make amendments to those state standards when justified by local topographical, climatic and geographical conditions which must be supported by findings.
The International Code Council promulgates the International Fire Code, a nationally recognized compilation of rules and regulations. The International Code Council has conducted open code hearings that permit participation by national, state, and local code officials as well as industry Item #8.A.
City Council Meeting
April 18, 2023
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representatives, consultants, and other private parties with an interest in the International Fire Code. The International Fire Code has been printed and published as a Code in book form with the meaning of Section 50022.1 of the Government Code of the State of California.
Under this adopting ordinance, specific amendments to building standards are proposed for adoption that are more restrictive than those contained within the 2022 Edition of the California Fire Code as adopted by the California Building Standards Commission and published as the 2022 Edition of the California Fire Code.
Under this adopting ordinance, existing codes in the San Juan Bautista Municipal code would be no longer valid as they are otherwise incorporated into the 2022 Fire Code or contradict the proposed ordinance. Therefore, staff is proposing to repeal Section 5-1-150 “Automatic Fire Extinguishing Systems” as this is addressed in the 2022 Fire code under Section 903 “Automatic Sprinkler Systems.” Additionally, we propose repealing Section 5-1-160 “General Provisions for Safety” because they are identified in the 2022 California Fire Code, “Key Boxes” is addressed in Section 506 and “Locks” is identified in Section 506.1.1. Lastly, we propose repealing Section 5- 1-170 “Special Regulations,” which calls out street fairs and their permits as these are identified in Section 105 of the 2022 Fire Code.
Under the provisions of Section 18941.5 of the Health and Safety Code, local amendments must be based on climatic, topographical, and geological conditions. The findings for these local amendments are set forth in the Ordinance attached as Exhibit A.
It is clearly understood that the adoption of such amendments may not prevent the incidence of fire, the implementation of these various amendments to the Fire Code is intended to reduce the potential loss of life and property and damage to the environment caused thereby. In accordance with California Government Code §50022.3 the City Council should direct that a public hearing shall be set on this ordinance after its introduction for Tuesday, April 18, 2023, for which notice, in substantially the form attached hereto as Exhibit B, shall be published in accordance with Government Code §6066. Copies of the ordinance proposed for adoption will be available for public inspection at the office of the City Clerk.
FISCAL IMPACT:
N/A
ATTACHMENTS:
1. Ordinance 2023-XX 2022 City of San Juan Bautista Fire Code including Amendments – Exhibit A
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EXHIBIT A
ORDINANCE NO 2023-____
AN ORDINANCE OF THE CITY OF SAN JUAN BAUTISTA AMENDING THE CHAPTER TITLE OF CHAPTER 5.1 AND SECTIONS 5-1-100 AND 5-1-105, REPEALING SECTIONS 5-1-150, 5-1-160, 5-1-170 OF ARTICLE 1 OF CHAPTER 5.1.
OF TITLE 5 “PUBLIC HEALTH, SAFETY AND WELFARE” OF THE SAN JUAN
BAUTISTA MUNICIPAL CODE TO ADOPT BY REFERENCE IN ITS ENTIRETY THE CALIFORNIA BULDING STANDARDS CODE 2022 EDITION OF THE CALIFORNIA FIRE CODE AND APPENDICES, TITLE 24, PART 9, OF THE CALIFORNIA CODE
OF REGULATIONS WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND
ADDITIONS REQUIRED BY LOCAL CLIMATIC, GEOLOGICAL OR
TOPOGRAPHICAL CONDITIONS; AND APPROVING FINDINGS TO SUPPORT LOCAL MODIFICATIONS.
-o0oWHEREAS, pursuant to Section 18941.5 of the California Health and Safety Code, the City may adopt the provisions of the California Fire Code by reference with certain exceptions, modifications and additions to provisions of the Code which are reasonably necessary to protect the health, welfare and safety of the citizens of San Juan Bautista because of local climatic, geological and topographical conditions; and
WHEREAS, the City Council has considered whether certain modifications to the California Fire Code standards set forth herein are necessary in the City of San Juan Bautista due to local climatic, geological or topographical conditions; and.
WHEREAS, the factual findings made are valid and relate to the amendments made to the California Fire Code in this adoption; and
WHEREAS, the City Council directed that a public hearing be held and duly noticed and published in accordance with California Government Code §50022.3, and said hearing is to be held on April 18, 2023, concerning the purpose of this Ordinance to adopt the 2022 California Fire Code with modifications to address unique local conditions; and WHEREAS, this Ordinance was found to be categorically exempt from environmental review, per the provisions of Section 15061(b) (3) of the Guidelines to the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA DOES HEREBY ORDAIN AS FOLLOWS:
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1. Chapter 5.1 of Title 5 Public Health, Safety and Welfare Title Amended. Chapter 5.1 title is hereby amended to read as follows:
“CALIFORNIA FIRE CODE, 2022 EDITION”
2. Section 5-1-100 of Chapter 5-1“Adoption by reference” Amended: Section 5-1-100 of Chapter 5-1 entitled “Adoption by reference” is hereby amended to read as follows:
“5-1-100 Adoption by reference.
The California Fire Code, 2022 Edition in its entirety, including Appendices, Title 24, Part 9, published by the California Building Standards Commission, and as modified by the amendments, additions set forth hereinafter, is adopted by reference, in accordance with the following findings, as the Fire Code of the City of San Juan Bautista. (A) Climate. The city, on average, experiences an approximate annual rainfall of eighteen inches. The heaviest months for rainfall can be expected between January and April. During winter months, the city may experience periods of heavy rain, which can cause local flooding.
Due to the proximity of the Pacific Ocean, winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The city has also experienced periods of heavy fog, which has delayed the responding fire apparatus and prevented early discovery of structure fires. Light to gusty winds occur during dry periods which, when coupled with highly flammable vegetation, can cause uncontrollable fires. With increased development spreading into brush covered coastal hill areas, wind driven fires could have severe consequences, as have been demonstrated on several occasions throughout the state. (B) Geologic. The city is susceptible to seismic hazards resulting from movement along any one of several known faults. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake-induced fires starting because of damage to gas lines, power lines or heat-producing appliances and the unavailability to water for fire control due to broken water mains. In the event of a major earthquake many areas of the city may not be accessible to emergency equipment and, if bridges or roads are damaged, the city may be isolated from outside assistance.
(C) Topographical. The city is divided by California State Highway 156. The freeway creates barriers which obstruct traffic patterns and delay response time for fire equipment. The water supply within the city would be directly affected by the topographical layout in the event of a major catastrophe.
(D) Conclusion. Local climatic, geologic and topographical conditions impact fire suppression efforts and the frequency, spread, intensity and size of fire involving structures in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be necessary that the California Fire Code be amended by this chapter to mitigate the effects of these conditions.”
3. Section 5-1-105 of Chapter 5-1 “Amendments – General” Amended. Section 5-1- Page | 3
105 of Chapter 5.1 entitled “Amendments – General” is hereby amended to read as follows:
“5-1-105 Amendments – General.
Set forth below are the amendments, additions and deletions to the California Fire Code, 2022 Edition. Article and Section numbers used herein are those of the California Fire Code. 101.1 Title. These regulations shall be known as the Fire Code for the City of San Juan Bautista, hereinafter referred to as “Fire Code.”
101.2.1 Appendices. Provisions in all appendices to the 2022 California Fire Code are hereby adopted in their entirety and shall apply.
102.1 Construction and design provisions. The construction and design provisions of this Code shall apply to:
1. Structures, facilities and conditions arising after the adoption of this Code.
2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this Code.
3. Existing structures, facilities and conditions when identified in specific Sections of this Code.
4. Existing structures, facilities and conditions, which, in the opinion of the Fire Code Official, constitute a distinct hazard to life and property.
5. Existing Structures Alterations and repairs.
a. All new work performed in alterations and/or repairs to existing structures shall comply with the current provisions of this Chapter.
b. When alterations and/or repairs result in the removal, alteration, modification, replacement and/or repair of fifty percent (50%) or more of the external walls of a building, or result in the removal, modification, replacement and/or repair of fifty percent (50%) or more of the existing internal structural and/or non-structural framework, independently or in combination thereof, within a five year period, the entire building shall be made to conform to the current provisions of this Chapter.
c. Calculations of linear wall measurements shall be shown on all plans submitted for building permits, on the cover page in the project description of said plans. d. The determination under this section of the requirement for upgrading any existing structure to full conformance with current provisions of this Chapter shall be at the sole discretion of the Fire Code Official.
103.0 Responsibility for enforcement.
103.0.1 Within established fire protection districts and community services districts, responsibility for enforcement of this Code shall be under the direction of the Fire Chief within each district.
103.0.2 In areas of San Juan Bautista responsibility for enforcement of this Code shall be under the direction of the Fire Chief..
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104.1.1 Police powers. The fire code official and his deputies shall have the powers of police officers in performing their duties under this Code. When requested to do so by the fire code official, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the fire code official in enforcing the provisions of this Code. 105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including “bird bombs”. 112.2 Owner/occupant responsibility. Correction and abatement of violations of this Code shall be the responsibility of the owner. If an occupant creates, or allows to be created, hazardous conditions in violation of this Code, the occupant shall be held responsible for the correction and abatement of such hazardous conditions.
112.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this Code, shall be guilty of an infraction, punishable by a fine in conformance with the County Fire Department. 113.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of an infraction as specified in Section 112.4 of this Code. 202 Definitions
ALL WEATHER SURFACE. A hard paved road surface constructed to the minimum standards adopted by the jurisdiction.
BRIDGE. A structure to carry a roadway over a depression or obstacle.
IDLE PALLET. A pallet or similar product storage and/or lifting device not currently in use and empty of product.
503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:
1. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.
2. The unobstructed vertical clearance shall be not less than fifteen (15) feet clear.
3. The width shall be a minimum of twenty (20) feet clear. The Fire Code Official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of twelve (12) feet for Occupancy Group U or R-3 occupancies.
4. The maximum grade change of the approach to and from any private bridge shall not exceed eight percent for a minimum distance of ten (10) feet.
503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this Code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the Fire Code Page | 5
Official. Every private bridge, including existing and those constructed under this Code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner’s expense. 503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than fifteen (15) percent unless specifically approved by the Fire Code Official. 503.2.7.1 Paving. All fire apparatus access roads over eight (8) percent shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen (15) percent where approved shall be paved with perpendicularly grooved concrete.
503.7 Fire apparatus access road names. All fire apparatus access road names shall be issued or approved by the appropriate governmental agency.
506.1 Required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box or other approved emergency access device to be installed in an approved location. The key box or other approved emergency access device shall be of an approved type and shall contain keys or other information to gain necessary access as required by the fire code official. Where a key box is used, it shall be listed in accordance with UL 1037. This jurisdiction utilizes the KNOX Box Security Systems. 507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the Fire Code Official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. When required by the Fire Code Official, hydrants shall be painted in accordance with the most current edition of NFPA 291. 605.3.1 Spark arresters.
605.3.1.1 An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks or similar devices using solid fuel for conveying smoke or hot gases to the outer air. 605.3.1.2 Spark arresters shall have openings in accordance with Section 2113.9.2(3) of the California Building Code and Section 1003.9.2 of the California Residential Code with minimum openings of 3/8” and maximum openings of ½”.
901.1.1 Responsibility. The owner of the protected premises shall be responsible for all fire protection systems within the protected premises, whether existing or installed under this code. 901.2.2 Additional documentation. Additional documentation as required by the Fire Code Official shall be provided to the Fire Code Official in an acceptable format. 901.4 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. All systems shall be extended, altered, or augmented as Page | 6
necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards.
901.4.8 Nonoperational equipment. Any fire protection equipment that is no longer in service shall be removed.
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed by the California Contractors State License Board in accordance with the California Business & Professions Code or by the California State Fire Marshal.
901.6.5 Additional records. All documentation generated during any scheduled inspection or test of any fire protection system, whether required or voluntarily installed, shall be forwarded to the Fire Code Official within fifteen (15) calendar days after the date of the inspection or test. 901.11 Fire Protection Features for Plant Processing and Extraction Facilities 901.11.1 Scope. This section applies to occupancies regulated by Chapter 39 of this Code. 901.11.2 Definitions.
901.11.2.1 Plant processing. Plant processing shall include all plant post-harvest operations, excluding retail sales of plant and related products.
901.11.2.2 Indoor cultivation. Indoor cultivation shall be defined as all nursery or cultivation conducted in other than Group U occupancies (greenhouses). 901.11.3 Fire Protection Systems. All buildings or portions thereof housing plant post-harvest or indoor cultivation operations shall be protected as defined in this section. 901.11.3.1 Fire Sprinklers. Fire sprinklers shall be installed in accordance with 901.11.3.1.1, 901.11.3.1.2, or 901.11.3.1.3
901.11.3.1.1 Fire sprinklers shall be installed in all buildings or portions thereof; such fire sprinkler systems shall be designed to Ordinary Group II design standards in the latest adopted edition of NFPA 13 and Section 903 of this code.
901.11.3.1.2 If the occupancy is classified as a Group H Occupancy the fire sprinkler system may be required to be designed and installed as an Extra Hazard fire sprinkler system 901.11.3.1.3 Where permitted by the fire code official and not otherwise required by this code or the CBC, fire sprinklers may be eliminated in approved buildings less than 500 square feet. 901.11.3.2 Fire Alarm Systems. Fire alarm systems shall be installed in all buildings or portions thereof; such fire alarm systems shall include both fire sprinkler system monitoring and complete occupant notification as specified in the latest adopted edition of NFPA 72 and Section 907 of this code.
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901.11.3.3 Special Hazard Systems. Where specified by appropriate UL listings for extraction booths utilizing volatile solvents, dry chemical fire protection systems shall be installed according to the latest adopted edition of NFPA 17. If there is no UL listing for the extraction booth, a dry chemical fire protection system shall be installed. 901.11.3.4 Portable Fire Extinguishers. Portable fire extinguishers shall be installed in accordance with NFPA 10 and Section 906 of this code.
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction.
Exceptions:
(1) Structures not classified as Group R occupancies and not more than five hundred (500) square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code and the CBC, located at least one hundred feet (100) from any other structure or the property line, whichever is closer. (3) Accessory structures not classified as R occupancies associated with existing non-sprinklered R-3 occupancies (one- or two-family dwellings) and less than one thousand five hundred (1500) square feet in total fire area.
(4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and where the Fire Code Official permits alternate protection.
The following Sections are amended by changing requirements to five hundred (500) square feet for fire sprinkler installation, as follows (the complete text of the section is not provided):
903.2.1.1 Group A-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.2 Group A-2. Change five thousand (5,000) square feet to five hundred (500) square feet. 903.2.1.3 Group A-3. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.4 Group A-4. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.1.5 Group A-5. Change one thousand (1,000) square feet to five hundred (500) square feet. 903.2.3 Group E. Change twelve thousand (12,000) square feet to five hundred (500) square feet. 903.2.4 Group F-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.4.1 Group F-1. Change two thousand five hundred (2,500) square feet for woodworking operations to five hundred (500) square feet.
903.2.7-1 Group M. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.7-3 Group M. Change twenty-four thousand (24,000) square feet to five hundred (500) square feet.
903.2.9 Group S-1. Change twelve thousand (12,000) square feet to five hundred (500) square feet.
903.2.9.1 Repair Garages. Change ten thousand (10,000) square feet (2 story buildings) and twelve thousand (12,000) square feet (1 story buildings) to five hundred (500) square feet. 903.2.9.2 Bulk storage of tires. Change twenty thousand (20,000) cubic feet to five hundred (500) square feet.
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903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and twofamily dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.
(Exceptions remain per 2022 California Fire Code)
903.3.1.1.1 -7 Passenger elevator shafts or associated passenger elevator mechanical rooms, where elevator shafts are constructed with a 2–hour fire resistive method.
Section 903.3.1.1.2 of the California Fire Code is deleted. 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.
903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction. 903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13. 903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13. 903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed. 903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.
903.3.1.3 NFPA 13D sprinkler systems. Automatic fire sprinkler systems installed in one and two-family dwellings, Group R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D. The requirements of this section supersede the requirements of the California Residential Code. 903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for two-hour duration. 903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the Fire Code Official. 903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and other accessory structures.
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903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas. 903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit. As required by the fire code official, interior audible notification appliances or additional water flow alarms are required to be installed at locations specified by the fire code official.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.
903.3.1.3.8 A passive purge shall be installed in the master bathroom if served by a public water system per local water purveyor. A placard must be posted adjacent to the fire sprinkler riser. 903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station, remote supervising station or proprietary supervising station as defined in NFPA 72, or, when approved by the Fire Code Official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system. (Exceptions remain unchanged)
903.4.2 Alarms. One exterior approved audible appliance shall be connected to every automatic sprinkler system in an approved location. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.
903.4.2.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over one hundred (100) sprinkler heads, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at fifteen (15) dBa above average sound pressure level throughout the building.
b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72. c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the Fire Code Official.
EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies. 903.4.3 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height and shall be individually annunciated as approved by the Fire Code Official.
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904.13.2 System interconnection. The actuation of the fire extinguishing system shall automatically shut down all fuel and electrical power located under the hood, except for the electrical power to the exhaust air supply. The fuel and electrical supply reset shall be manual. 904.13.5.2 Extinguishing system service. Automatic fire extinguishing systems shall be serviced by a CSLB licensed C-16 contractor or a CSFM licensed “A” licensee at least every six months and after any activation of the system. Inspection shall be performed by the owner at least monthly in accordance with the currently adopted edition of NFPA 17-A. The service contractor shall review the records of monthly inspections every six months, and deficiencies shall be reported to the fire code official. A service report shall be forwarded to the fire code official by the licensed service contractor within 15 days after every service on the appropriate AES form. 907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premise are not permitted, unless specifically authorized by the Fire Code Official. 907.2 Exception 1. The manual fire alarm box is not required for fire alarm control units dedicated to elevator recall control.
907.6.5 Access. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing.
907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.
907.6.6 Monitoring. Fire alarm systems, whether required by this Chapter or the California Building Code or voluntarily installed, shall be monitored by an approved supervising station in accordance with NFPA 72 and this Section.
907.6.6.6 Means of communication. The use of either POTS or cable telephone lines with a digital alarm communicator transmitter shall not be permitted.
EXCEPTION. Where no other communications methods are available, the use of telephone lines shall be permitted to be used on a temporary basis not to exceed one year from the date of final acceptance test or until permitted alternate means of communications are available. 907.7.2 Completion documents. The following documentation shall be provided at the time of acceptance testing for all fire alarm system installations:
1. A record of completion in accordance with NFPA 72.
2. A contractor’s statement verifying that the system has been installed in accordance with the approved plans and specifications and has been 100% tested in accordance with NFPA 72.
3. A contractor’s affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the Fire Code Official.
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1205.1.1 Signing and Marking. In addition to signing and marking requirements of the California Building Code and the California Residential Code, the following signing and marking is required:
1205.1.1.1 Main Panel Exterior Marking. A placard is required to be permanently affixed to the main service disconnect panel. The placard shall be red in color with white capital letters at least 1/2” in height and in a non-serif font, to read “SOLAR DISCONNECT INSIDE PANEL.” The placard shall be constructed of weather-resistant, durable plastic with engraved letters, or other approved material.
1205.1.1.2 Circuit Disconnecting Means Marking. A permanent label is to be affixed adjacent to the circuit breaker controlling the inverter or other photovoltaic system electrical controller. The label shall have contrasting color capital letters at least 3/8” in height and in a non—serif font, to read “SOLAR DISCONNECT.” The label shall be constructed of durable adhesive material or other approved material.
1205.1.1.3 Secondary Power Sources. Where photovoltaic systems are interconnected to battery systems, generator backup systems, or other secondary power systems, additional signage acceptable to the fire code official shall be required indicating the location of the secondary power source shutoff switch.
1205.1.1.4 Installer Information. Signage acceptable to the fire code official indicating the name and emergency telephone number of the installing contractor shall be required to be installed adjacent to the main disconnect.
Section 1205.2.1, Exceptions 1 and 2 of the California Fire Code are deleted in their entirety. 1205.2.1.4 Hip and Valley Layout. Hip and Valley Layouts. Modules shall be located no closer than one and one-half feet (1-1/2’) to a hip or valley if modules are to be placed on both sides of a hip or valley. Where modules are located on only one side of a hip or valley that is of equal length, the modules shall be permitted to be placed directly adjacent to the hip or valley. 1206.15 Signage acceptable to the fire code official shall be required indicating the location of the stationary fuel cell power system.
3905.3. Fire Protection Systems. Fire protection systems in occupancies regulated by this chapter shall be in accordance with Section 901.11 of this Code.
D103.2 Grade. Fire apparatus access roads shall not exceed fifteen (15) percent in grade with a maximum side slope of five (5) percent.
EXCEPTION: Grades steeper than fifteen (15) percent, if approved by the Fire Code Official, shall be paved with perpendicularly grooved concrete.
APPENDIX Q: STANDARD FIRE CONDITIONS FOR SINGLE FAMILY DWELLINGS SECTION Q101 GENERAL
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Q101.1 Scope. Applications for the construction or remodel of single family dwellings, including one- and two-family dwellings, townhomes, modular and manufactured homes, and mobile homes outside of established mobile home parks, shall be subject to the fire conditions in this appendix when conditioned by the Fire Code Official.
Q101.2 Conflicting sections. Where provisions in this appendix conflict with other sections of this Code or other appendices, the provisions of this appendix shall prevail unless otherwise directed by the Fire Code Official.
SECTION Q102 ROADS
Q102.1 General. These conditions will be used primarily when conditioning a subdivision or other project that requires roads. Roads identified in this Section are vehicular access to more than two (2) parcels; more than four (4) residential units; or access to any industrial or commercial occupancy. Includes public and private streets and lanes.
Q102.2 Road access. (FIRE 001). Access roads shall be required for every building when any portion of the exterior wall of the first story is located more than one hundred fifty (150) feet from fire department access. All roads shall be constructed to provide a minimum of two (2) ten (10) feet wide traffic lanes with an unobstructed vertical clearance of not less than fifteen (15) feet. The roadway surface shall provide unobstructed access to conventional drive vehicles including sedans and fire apparatus and shall be an all-weather surface designed to support the imposed load of fire apparatus (75,000 pounds). Each road shall have an approved name.
Q102.3 Roadway engineering. (FIRE 002). The grade for all roads shall not exceed fifteen percent (15%) with a maximum side slope of five percent (5%). Where road grades are 8 percent (8%) or less, an all-weather aggregate base is required at a minimum or as required in other sections of the City of San Juan Bautista Code. Where road grades exceed eight percent (8%), a minimum structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The length of vertical curves in roadways, exclusive of gutters, ditches and drainage structures designed to hold or divert water, shall not be less than one hundred (100) feet. No roadway turn shall have a horizontal inside radius of less than fifty (50) feet. A roadway turn radius of fifty (50) to one hundred (100) feet is required to have an additional four (4) feet of roadway surface. A roadway turn radius of one hundred (100) to two hundred (200) feet is required to have an additional two (2) feet of roadway surface. Roadway turnarounds shall be required on dead-end roads in excess of one hundred fifty (150) feet of surface length. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road.
If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q102.4 Dead end roads.
Q102.4.1 Parcels less than one acre. (FIRE 003). For parcels less than one acre, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed eight hundred (800) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable Page | 13
length shall apply. Each dead-end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road.
If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q102.4.2 Parcels greater than one acre and not exceeding five acres (FIRE 004). For parcels greater than one acre and not exceeding five acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed one thousand three hundred twenty (1,320) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have a turnaround constructed at its terminus. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road.
If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length Q102.4.3 Parcels greater than five acres and not exceeding twenty (20) acres. (FIRE 005). For parcels greater than five acres and not exceeding twenty (20) acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed two thousand six hundred forty (2,640) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have turnarounds at its terminus and at no greater than one thousand three hundred twenty (1,320) foot intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q102.4.4 Parcels greater than twenty (20) acres. (FIRE 006). For parcels greater than twenty (20) acres, the maximum length of a dead-end road, including all dead-end roads accessed from that dead-end road, shall not exceed five thousand two hundred eighty (5,280) feet. All dead-end road lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its furthest point. Where a dead-end road serves parcels of differing sizes, the shortest allowable length shall apply. Each dead-end road shall have turnarounds at its terminus and at no greater than one thousand three hundred twenty (1,320)-foot intervals. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the road. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
SECTION Q103 DRIVEWAYS, GATES, AND BRIDGES
Q103.1 Driveways. (FIRE 007). Driveway identified in this Section is defined as a vehicle access that serves up to two (2) parcels with no more than two (2) residential units and any number on non-commercial or industrial buildings on each parcel. Driveways shall not be less than twelve (12) feet wide traffic lane and minimum fourteen (14) feet wide unobstructed clearance, with an unobstructed vertical clearance of not less than fifteen (15) feet. The grade for all driveways shall not exceed fifteen percent (15%) with a maximum side slope of five percent (5%). Where driveway grades are eight percent (8%) or less, an all-weather surface such as an aggregate base shall meet minimum fire requirements. Other types of material for driveways may Page | 14
be required by the Code. Where the grade exceeds eight percent (8%), a minimum structural roadway surface of 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base shall be required. The driveway surface shall be capable of supporting the imposed load of fire apparatus forty thousand (40,000) pounds, and be accessible by conventional-drive vehicles, including sedans. For driveways with turns ninety (90) degrees and less, the minimum horizontal inside radius of curvature shall be twenty-five (25) feet. For driveways with turns greater than ninety (90) degrees, the minimum horizontal inside radius curvature shall be twenty-eight (28) feet. For all driveway turns, an additional surface of four (4) feet shall be added. All driveways exceeding one hundred fifty (150) feet in length, but less than eight hundred (800) feet in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds eight hundred (800) feet, turnouts shall be provided at no greater than four hundred (400)-foot intervals.
Turnouts shall be a minimum of twelve (12) feet wide and thirty (30) feet long with a minimum of twenty (25) foot taper at both ends. Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be thirty (30) feet long with a minimum twenty-five (25) foot taper at both ends. Turnarounds shall be required on driveways in excess of one hundred fifty (150) feet of surface length and shall be located within fifty (50) feet of the primary building. The minimum turning radius for a turnaround shall be forty (40) feet from the center line of the driveway. If a hammerhead/T is used, the top of the “T” shall be a minimum of sixty (60) feet in length.
Q103.2 Gates. (FIRE 008). All gates providing access from a road to a driveway shall be located at least thirty (30) feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Gate entrances shall be at least two (2) feet wider than the width of the traffic lane but in no case be less than fourteen (14) feet wide unobstructed and unobstructed vertical clearance of fifteen (15) feet. Where a one-way road with a single traffic lane provides access to a gated entrance, a forty (40) foot turning radius shall be used. Where gates are to be locked, the installation of a key box or other acceptable means for immediate access by emergency equipment may be required.
Q103.3 Bridges. (FIRE 009). All new and reconstructed bridges shall be at least the width of the roadbed and berms, but in no case less than twelve (12) feet wide. Bridge width on all roads exceeding tertiary standards shall not be less than the width of the two lanes with berms. All bridges shall be designed for HS15-44 loading and have guardrails. Appropriate signage, including but not limited to, weight ratings or vertical clearance limitations, and one-way road or single-lane road conditions, shall be provided at both entrances to any bridge. One-lane bridges may be permitted if there is unobstructed visibility across the entire bridge, and turnouts are provided at both bridge ends. The fire authority may impose more stringent requirements for bridges.
SECTION Q104 SIGNS AND ADDRESSES
Q104.1 Road signs. (FIRE 010). All newly constructed or approved roads and streets shall be designated by names or numbers, posted on signs clearly visible and legible from the roadway.
Size of letters, numbers and symbols for street and road signs shall be a minimum four-inch letter height, ½-inch stroke, and shall be a color that is reflective and clearly contrasts with the background color of the sign. All numerals shall be Arabic. Street and road signs shall be non- Page | 15
combustible and shall be visible and legible from both directions of vehicle travel for a distance of at least one hundred (100) feet. Height, visibility, legibility, and orientation of street and road signs shall be meet the provisions of the jurisdiction. This section does not require any entity to rename or renumber existing roads or streets, nor shall a roadway providing access only to a single commercial or industrial occupancy require naming or numbering. Signs required under this section identifying intersecting roads, streets and private lanes shall be placed at the intersection of those roads, streets and/or private lanes. Signs identifying traffic access or flow limitations (i.e., weight or vertical clearance limitations, dead-end road, one-way road or single lane conditions, etc.) shall be placed: (a) at the intersection preceding the traffic access limitation; and (b) not more than one hundred (100) feet before such traffic access limitation.
Road, street and private lane signs required by this article shall be installed prior to final acceptance of road improvements by the Fire Code Official.
Q104.2 Addresses for buildings. (FIRE 011). All buildings shall be issued an address in accordance with jurisdictional requirements. Each occupancy, including detached accessory dwelling units (ADU), except accessory buildings, shall have its own permanently posted address. When multiple occupancies exist within a single building, each individual occupancy shall be separately identified by its own address. Letters, numbers and symbols for addresses shall be a minimum of four-inch (4”) height, 1/2-inch stroke, contrasting with the background color of the sign, and shall be Arabic. Commercial Occupancy shall have a minimum of 18 inch to 24 inch sized address numbers located at the top corner of the building on approval from the fire official. The sign and numbers shall be reflective and made of a noncombustible material.
Address signs shall be placed at each driveway entrance and at each driveway split. Address signs shall be and visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and shall be maintained thereafter. Address signs along one-way roads shall be visible from both directions of travel. Where multiple addresses are required at a single driveway, they shall be mounted on a single sign. Where a roadway provides access solely to a single commercial occupancy, the address sign shall be placed at the nearest road intersection providing access to that site. Permanent address numbers shall be posted prior to requesting final clearance.
SECTION Q105 WATER SUPPLY
Q105.1 Water systems. (FIRE 012). The provisions of this condition shall apply when new parcels are approved by a local jurisdiction. The emergency water system shall be available onsite prior to the completion of road construction, where a community water system is approved, or prior to the completion of building construction, where an individual system is approved.
Approved water systems shall be installed and made serviceable prior to the time of construction.
Water systems constructed, extended or modified to serve a new development, a change of use, or an intensification of use, shall be designed to meet, in addition to average daily demand, NFPA Standard 1142 or other adopted standards. The quantity of water required pursuant to this chapter shall be in addition to the domestic demand and shall be permanently and immediately available.
Q105.2 (RESERVED) (FIRE 013).
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Q105.3 Single parcel fire protection water supply. (FIRE 014). For development of structures totaling less than three thousand (3,000) square feet on a single parcel, the minimum fire protection water supply shall be four thousand nine hundred (4,900) gallons. For development of structures totaling three thousand (3,000) square feet or more on a single parcel, the minimum fire protection water supply shall be nine thousand eight hundred (9,800) gallons. For development of structures totaling more than ten thousand (10,000) square feet on a single parcel, the reviewing authority may require additional fire protection water supply. Other water supply alternatives, including ISO Rural Class 8 mobile water systems, may be permitted by the fire authority to provide for the same practical effect. The quantity of water required by this condition shall be in addition to the domestic demand and shall be permanently and immediately available.
Q105.4 Fire hydrants and valves. (FIRE 015). A fire hydrant or fire valve is required. The hydrant or fire valve shall be eighteen (18) inches above grade, eight feet from flammable vegetation, no closer than four feet nor further than twelve (12) feet from a roadway, and in a location where fire apparatus using it will not block the roadway. The hydrant serving any building shall be not less than fifty (50) feet and not more than one thousand (1,000) feet by road from the building it is to serve. Minimum hydrant standards shall include a brass head and valve with at least one 2 1/2-inch National Hose outlet supplied by a minimum four inch main and riser. More restrictive hydrant requirements may be applied by the Reviewing Authority. Each hydrant/valve shall be identified with a reflectorized blue marker, with minimum dimensions of three inches, located on the driveway address sign, non-combustible post or fire hydrant riser. If used, the post shall be within three feet of the hydrant/valve, with the blue marker not less than three feet or greater than five feet above the ground, visible from the driveway. On paved roads or driveways, reflectorized blue markers shall be permitted to be installed in accordance with the State Fire Marshal's Guidelines for Fire Hydrant Markings Along State Highways and Freeways, May 1988.
SECTION Q106 SETBACKS
Q106.1 Setbacks. (FIRE 016). Except as permitted by the fire code official, all parcels one acre and larger shall provide a minimum thirty (30) foot setback for new buildings and accessory buildings from all property lines and/or the center of the road. For parcels less than one-acre, alternate fuel modification standards or other requirements may be imposed by the Fire Code Official to provide the same practical effect.
SECTION Q107 VEGETATION AND DEBRIS DISPOSAL
Q107.1 Disposition of vegetation and debris fuels. (FIRE 017). Disposal, including chipping, burying, or removal to a landfill site approved by the local jurisdiction, of vegetation and debris caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to final clearance of the related permit.
SECTION Q108 GREENBELTS
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Q108.1 Greenbelts. (FIRE 018). Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically as a separation between wild land fuels and structures. The locations shall be approved by the Fire Code Official.
SECTION Q109 DEFENSIBLE SPACE
Q109.1 Standard defensible space requirements. (FIRE 019). Defensible space requirements shall meet Section 4291 of the Public Resources Code or the Code, whichever is more restrictive.
Additional or alternate fire protection approved by the Fire Code Official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the Fire Code Official and other jurisdictional authorities.
Q109.2 (RESERVED) (FIRE 020).
SECTION Q110 FIRE PROTECTION SYSTEMS
Q110.1 Residential fire sprinkler systems (Standard). (FIRE 021). The building(s) and attached structure(s) shall be fully protected with automatic fire sprinkler system(s). Installation shall be in accordance with the applicable NFPA standard. A minimum of four sets of plans for fire sprinkler systems must be submitted by a California licensed C-16 contractor and approved prior to installation. This requirement is not intended to delay issuance of a building permit. A rough sprinkler inspection must be scheduled by the installing contractor and completed prior to requesting a framing inspection.
Q110.2 (RESERVED) (FIRE 022).
Q110.3 (RESERVED) (FIRE 023).
Q110.4 Residential fire alarm systems. (FIRE 024). The residence shall be fully protected with an approved household fire warning system as defined by NFPA 72. Plans and specifications for the household fire warning system shall be submitted by a California licensed C-10 contractor and approved prior to installation. Household fire warning systems installed in lieu of singlestation smoke alarms required by the California Residential Code shall meet the requirements of the California Residential Code.
Q110.5 (RESERVED) (FIRE 025).
APPENDIX R: ROOFS
SECTION R101 GENERAL
R101.1 Scope. Applications for the construction or remodel of any buildings shall be subject to the roofing conditions of this Appendix when conditioned by the Fire Code Official.
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R101.2 Conflicting Sections. Where provisions in this Appendix conflict with other sections of this Code or other appendices, the provisions of this Appendix shall prevail unless otherwise directed by the Fire Code Official.
SECTION R102 NEW BUILDINGS
R102.1 General. (FIRE 026). Roofing requirements for all new buildings shall be a minimum Class “B” roof assembly as defined by the International Building Code.
EXCEPTION: Greenhouses shall be exempt from the requirements of this Section.
R102.2 Very High Hazard Severity Zones. (FIRE 027). Roofing requirements for all new buildings in Very High Hazard Severity Zones shall be a minimum Class “A” roof assembly as defined by the International Building Code.
R102.3 Reserved SBCO EXLUDED
SECTION R103 EXISTING BUILDINGS
R103.1 General. (FIRE 026). Roofing requirements for existing buildings when fifty percent (50%) or more of the roof area is reroofed within a one-year period after the issuance of a building permit shall be a minimum Class “B” roof assembly as defined by the California Building Code. Where there is no permit issued, this section is applicable to buildings constructed after the effective date of this code and to buildings where fifty percent (50%) or more of the roof area is reroofed within a one-year period after commencing construction.
R103.2 Very High Hazard Severity Zone. (FIRE 027). Roofing requirements for existing buildings within a very high hazard severity zone when fifty percent (50%) or more of the roof area is reroofed within a one-year period after the issuance of a building permit shall be a minimum Class “A” roof assembly as defined by the International Building Code. Where there is no permit issued, this Section is applicable to such buildings constructed after the effective date of this code and to buildings where fifty percent (50%) or more of the roof area is reroofed within a one-year period after commencing construction.
R103.3 RESERVED SBCO EXCLUDED
SECTION R104 ADDITIONS TO EXISTING BUILDINGS
R104.1 General. The requirements of this Appendix shall apply to all additions to existing buildings, except that only the new portions of the roof shall be required to meet the requirements of this Appendix.”
4. Section 5-1-150 Repealed. Section 5-1-150 “Automatic fire extinguishing systems” of Chapter 5.1 of Title 5 “Public Health, Safety and Welfare” is hereby repealed in its entirety and not replaced.
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5. Section 5-1-160 Repealed. Section 5-1-160 “General provisions for safety” of Chapter
5.1 of Title 5 “Public Health, Safety and Welfare” is hereby repealed in its entirety and not replaced.
6. Section 5-1-170 Repealed. Section 5-1-170 “Special regulations” of Chapter 5.1 of Title 5 “Public Health, Safety and Welfare” is hereby repealed in its entirety and not replaced.
7. Findings Adopted: The City Council hereby adopts the factual findings set forth in Section 5-1-100 of Chapter 5-1 of the San Juan Bautista Municipal Code, relating to the amendments made to the California Fire Code
8. Savings Clause: Repeal of any provision of the San Juan Bautista Municipal Code or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
9. Severability: If any provision, section, paragraph, sentence or word of this Ordinance, or the application thereof to any person, property or circumstance is rendered or declared invalid by any court of competent jurisdiction, the remaining provisions, sections, paragraphs, sentences or words of this ordinance, and their application to other persons, property or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
10. Interpretation: The provisions of this ordinance are enacted for the public health, safety and welfare and are to be liberally construed to obtain the beneficial purposes thereof. In the event of any conflict between this ordinance and any law, rule or regulation of the State of California, that requirement which established the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of the Municipal Code. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
11. Filing of Findings: The City Clerk is hereby directed to file a copy of this ordinance with the California Building Standards Commission of the State of California.
12. Notice: The City Council hereby determines that the form of the Notice of the public hearing held on April 18, 2023, which was published on March 31, 2023, and April 7, 2023, is sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
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13. Liability: The provisions of this ordinance shall not be construed as imposing upon the City of San Juan Bautista any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City of San Juan Bautista, or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this ordinance or of any permits or certificates issued under this ordinance.
14. Effective Date: This ordinance shall take effect on May 19, 2023.
15. Posting of Ordinance. Within fifteen (15) days after the passage of this ordinance, the City Clerk shall cause it to be posted in three (3) public places designated by resolution of the City Council.
The forgoing ordinance was introduced at a Regular meeting of the City Council of the City of San Juan Bautista duly held on March 21, 2023, and was adopted at a regular meeting of the City Council duly held on April 18, 2023, by the following votes:
PASSED AND ADOPTED by the San Juan Bautista City Council on April 18, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Leslie Q. Jordan, Mayor
ATTEST:
_____________________________
Elizabeth Soto, Deputy City Clerk
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APPROVED AS TO FORM:
___________________________
Robert W. Rathie, City Attorney
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EXHIBIT B
Public Notice
City of San Juan Bautista
City Council
Notice of Public Hearings
NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Bautista will hold two separate public hearings concerning the proposed adoption of two ordinances, one of which would amend Chapter 5-1 “California Fire Code – 2022 Edition” of the San Juan Bautista Municipal Code to adopt 2022 edition of the California Fire Code, including local amendments. The other of which would amend sections 10-1- 110 “Code adoption by reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to adopt by reference certain of the parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code; and repealing section 10-1-115, with both ordinances to go into effect on May 19, 2023.
Date of Hearings: Tuesday April 18, 2023
Time of Hearings: 6:00 PM or as soon thereafter as possible Location of Hearings:
City Council Chambers
311 2nd Street
San Juan Bautista, CA 95045
Purpose of the Proposed Ordinances: The State of California Health and Safety Code requires cities to adopt the most recent editions of the State Building Standards Code to establish uniform standards including for the fire and life safety systems. State law also allows cities to make changes to the codes that are reasonably necessary because of local climatic, geological or topographical conditions. The California Health & Safety Code require that the latest editions of the California Building Standards Codes apply to local construction 180 days after publication.
The first ordinance would amend Chapter 5-1 of the Municipal Code, California Fire Code to adopt 2022 editions of the California Fire Code by adopting and amending the Page | 2
2022 California Fire Code, with certain exceptions, modifications, and additions required by local climactic, geological or topographical conditions.
The second ordinance would amend sections 10-1-110 “Code adoption by reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to adopt by reference certain of the parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code and related international codes; and repeal section 10-1-115, The ordinances were introduced on March 21, 2023, and will both be considered for adoption on April 18, 2023 to both be in full force and effect on May 19, 2023.
Invitation to be Heard: All interested persons are invited to the public hearing to be heard in favor or in opposition to the proposed subject. In addition, written comments may be submitted to the Community Development Department prior to the hearing. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or written correspondence delivered to the City of San Juan Bautista prior to or at the public hearing.
Copies of the 2022 edition of the California Fire Code, as well as well copies of the 2022 editions of the California Administrative Code, the California Building Code (Vols. 1 & 2), the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code; the California Historical Building Code, the California Existing Building Code, the California Green Building Standards Code (CALGreen), the California Reference Standard Code, as is the full text of both the ordinances proposed for adoption, are on file at the office of the City Clerk and available for public inspection and review at the Community Development Department, City Hall, 311 2nd Street, San Juan Bautista, CA 95045. For further information related to this subject you may contact Mr. Don Reynolds, City Manager, City of San Juan Bautista, (831) 623-4661.
Don Reynolds
City Manger
Publish Date: March 31 & April 7, 2023
Item #8.B.
City Council Meeting
April 18, 2023
1 CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
AGENDA TITLE: Ordinance No 2023-xx Amending Sections 10-1-110 “Code Adoption by Reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to Adopt by Reference Certain of the Parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California
Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code
(CALGreen), and Part 12 the California Reference Standard Code; repealing section 10-1-115; and holding a public hearing on the matter on Tuesday, April 18, 2023.
MEETING DATE: April 18, 2023
SUBMITTED BY: Minerva Arredondo
DEPARTMENT HEAD: Brian Foucht
RECOMMENDED ACTION: Staff recommends that the City Council read by title only, waive full and further Reading, and adopt an Ordinance of the City Council of the City of San Juan Bautista amending Sections 10-1-110 of the San Juan Bautista Municipal Code and adopting by reference certain parts of the 2022 Edition of the California Building Standards Codes, Title 24 of the California Code of Regulations including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code; repealing Section 10-1-115. A public hearing has been set and notice published for a public hearing on the matter on Tuesday, April 18, 2023
BACKGROUND INFORMATION: The California Building Standards – comprising Codes regulating fire, electrical, plumbing, and mechanical and other activities and conditions – are revised on a three-year cycle. In January 2022, the State’s California Building Standards Commission adopted and approved the 2022 Edition of the Building Standards Codes, also known Item #8.B.
City Council Meeting
April 18, 2023
2 as the 2022 Edition of the California Codes. These Codes were subsequently published on July 1, 2022 and became effective January 1, 2023, whether or not they were formally adopted by a local jurisdiction before that date. Accordingly, all local jurisdictions in California were mandated to begin enforcement of these new codes and standards on and after January 1, 2023.
Municipal Code Section 10-1-115 entitled “UBC Chapter 70 appendix adopted” should be repealed. The Uniform Building Code (UBC), published by International Conference of Building Officials (ICBO), was replaced in 2000 by the International Building Codes promulgated by the International Code Council (ICC). The ICC was the result of a merger of three predecessor organizations which published three different building codes, those being the ICBO, the Building Officials and Code Administrators (BOCA), and the Southern Building Code Congress International (SBCCI). The ICC publishes the International Building Code (IBC) which includes the various codes on which the California Building Standards Commission has modeled the California Building Codes.
DISCUSSION: The ICC model codes are updated every three years. This allows for the codes to improve and adjust to the newest materials, methods of construction and technological advances in the industry. The 2022 California Building Standards Code contains twelve parts that incorporate public health, life safety and general welfare standards used in the design and construction of buildings in California.
These parts incorporate the latest national standards from the ICC into the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Existing Building, Green Building Standards. and Reference Standards Codes.
Local jurisdictions may only modify the California Building Codes to make them more stringent because of the unique local climatic, geological, or topographical conditions which modifications must be supported by findings. All local modifications must be filed with the California Building Standards Commission and will apply to the City of San Juan Bautista building permit applications received on and after the effective date of the Ordinance. The proposed Ordinance amends Section 10-1-110 by the adoption of the updated California Codes with the exception of the 2022 California Fire Code as modified which is proposed for separate adoption.
It is recommended that the City Council adopt the Ordinance attached as Exhibit A amending the Municipal Code because having the Municipal Code contain references to the adoption of the latest California Codes is more convenient and accurate for the public to access and research as otherwise the City of San Juan Bautista Municipal Code would not cite the correct building standards that must apply to current construction and development projects. This discrepancy between the local ordinance and the state law can create confusion. Furthermore, if the City is required to bring a code enforcement action, it is necessary that the complaint provides reference local ordinance provisions which cite the correct regulations. Staff recommends that the City Council adopt an ordinance of the City Council of the City of San Juan Bautista Amending Chapter 10-1-110 and repealing 10-1-115 after a public hearing to be held at 6:00 p.m. or as soon thereafter as the matter may be heard on Tuesday, April 18, 2023.
FISCAL IMPACT: Cost of Purchasing the 2022 Codes approx. $1,500.00.
ATTACHMENTS: Exhibit A – the proposed Ordinance
Exhibit B – Notice of Public Hearings
Page | 1
EXHIBIT A
ORDINANCE NO. 2023 - XX
AN ORDINANCE OF THE CITY OF SAN JUAN BAUTISTA AMENDING SECTIONS 10-1-110 “CODE ADOPTION BY REFERENCE” OF CHAPTER 10-1 “BUILDINGS” OF TITLE 10 “BUILDINGS AND SUBDIVISIONS” OF THE CITY OF SAN JUAN
BAUTISTA MUNICIPAL CODE TO ADOPT BY REFERENCE CERTAIN OF THE PARTS OF CALIFORNIA CODE OF REGULATIONS TITLE 24, THE CALIFORNIA BUILDING STANDARDS CODE 2022 EDITION, INCLUDING: PART 1 THE CALIFORNIA ADMINISTRATIVE CODE, PART 2 THE CALIFORNIA BUILDING CODE (VOLS. 1 & 2), PART 2.5 THE CALIFORNIA RESIDENTIAL CODE, PART 3 THE CALIFORNIA ELECTRICAL CODE, PART 4 THE CALIFORNIA
MECHANICAL CODE, PART 5 THE CALIFORNIA PLUMBING CODE, PART 6 THE CALIFORNIA ENERGY CODE, PART 8 THE CALIFORNIA HISTORICAL BUILDING CODE, PART 10 THE CALIFORNIA EXISTING BUILDING CODE, PART 11 THE CALIFORNIA GREEN BUILDING STANDARDS CODE (CALGREEN), AND PART 12 THE CALIFORNIA REFERENCE STANDARD CODE;
AND REPEALING SECTION 10-1-115.
WHEREAS, the California Building Standards Commission adopted the 2022 Edition of the California Building Codes in January 2022; and
WHEREAS, the California Building Standards Commission published the 2022 Edition of the California Building Codes on July 1, 2022; and
WHEREAS, the California Health and Safety Code requires that the latest edition of the California Building Standards Codes apply to local jurisdictions 180 days after their publication; and
WHEREAS, the Uniform Building Code (“UBC”) is no longer in publication and the last publication date was 1997.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Bautista does hereby ordain as follows:
Section 1. Section 10-1-110 Amended, Section 10-1-110 “Codes adopted by reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” is hereby amended and replaced in its entirety to read as follows:
“10-1-110 Codes adopted by reference.
(A)The following codes in their entirety, which are on file and available for public inspection at City Hall, are adopted by reference as fully as it is set for herein in full. The 2022 Edition of the California Building Standards, Title 24 of the California Code of Regulations, consisting of the following parts.
Page | 2
Part 1 California Administrative Code
Part 2 California Building Code (Vols. 1 & 2)
Part 2.5 California Residential Code
Part 3 California Electrical Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code
Part 8 California Historical Building Code
Part 10 California Existing Building Code
Part 11 California Green Building Standards Code
Part 12 California Reference Standard Code
(B) Engineering Design Standards, Standard Specifications, Standard Plans. The City of Hollister Engineering Design Standards, Standard Specifications, and Standard Plans, adopted June 1992, as amended from time to time, shall be the latest and current edition of the City of San Juan Bautista Engineering Design Standards, Standard Specifications, and Standard Plans.”
Section 2. Section 10-1-115 Repealed. Section 10-1-115 “UBC Chapter 70 appendix adopted” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” is hereby repealed in its entirety and not replaced.
Section 3. Savings Clause: Repeal of any provision of the San Juan Bautista Municipal Code or any other city ordinance herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
Section 4. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby shall remain in full force and effect.
Section 5. Interpretation: The provisions of this ordinance are enacted for the public health, safety and welfare and are to be liberally construed to obtain the beneficial purposes thereof. In the event of any conflict between this ordinance and any law, rule or regulation of the State of California, that requirement which established the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of the Municipal Code. Any provision of the Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistency and no further, is hereby repealed or modified to the extent necessary to affect the provisions of this ordinance.
Page | 3
Section 6. Notice: The City Council hereby determines that the form of the Notice of the public hearing to be held on April 18, 2023, which is to be published on March 31, 2023, and April 7, 2023, is sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof.
Section 7. Liability: The provisions of this ordinance shall not be construed as imposing upon the City of San Juan Bautista any liability or responsibility for damage to persons or property resulting from defective work, nor shall the City of San Juan Bautista, or any official, employee or agent thereof, be held as assuming any such liability or responsibility by reason of the review or inspection authorized by the provisions of this ordinance or of any permits or certificates issued under this ordinance.
Section 8. Effective Date. This ordinance shall take effect thirty (30) days after final passage by the City Council.
Section 9. Posting of Ordinance: Within fifteen (15) days after the passage of this ordinance, the City Clerk shall cause it to be posted in three (3) public places designated by resolution of the City Council.
The forgoing ordinance was introduced at a regular meeting of the City Council of the City of San Juan Bautista duly held on March 21, 2023, and was adopted at a regular meeting of the City Council duly held on April 18, 2023, by the following votes:
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista on the 18th day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Page | 4
APPROVED AS TO FORM:
___________________________
Robert W. Rathie, City Attorney
EXHIBIT B
Public Notice
City of San Juan Bautista
City Council
Notice of Public Hearings
NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Bautista will hold two separate public hearings concerning the proposed adoption of two ordinances, one of which would amend Chapter 5-1 “California Fire Code – 2022 Edition” of the San Juan Bautista Municipal Code to adopt 2022 edition of the California Fire Code, including local amendments. The other of which would amend sections 10-1- 110 “Code adoption by reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to adopt by reference certain of the parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code; and repealing section 10-1-115, with both ordinances to go into effect on May 19, 2023.
Date of Hearings: Tuesday April 18, 2023
Time of Hearings: 6:00 PM or as soon thereafter as possible Location of Hearings:
City Council Chambers
311 2nd Street
San Juan Bautista, CA 95045
Purpose of the Proposed Ordinances: The State of California Health and Safety Code requires cities to adopt the most recent editions of the State Building Standards Code to establish uniform standards including for the fire and life safety systems. State law also allows cities to make changes to the codes that are reasonably necessary because of local climatic, geological or topographical conditions. The California Health & Safety Code require that the latest editions of the California Building Standards Codes apply to local construction 180 days after publication.
The first ordinance would amend Chapter 5-1 of the Municipal Code, California Fire Code to adopt 2022 editions of the California Fire Code by adopting and amending the 2022 California Fire Code, with certain exceptions, modifications, and additions required by local climactic, geological or topographical conditions.
The second ordinance would amend sections 10-1-110 “Code adoption by reference” of Chapter 10-1 “Buildings” of Title 10 “Buildings and Subdivisions” of the City of San Juan Bautista Municipal Code to adopt by reference certain of the parts of California Code of Regulations Title 24, the California Building Standards Code 2022 Edition including: Part 1 the California Administrative Code, Part 2 the California Building Code (Vols. 1 & 2), Part 2.5 the California Residential Code, Part 3 the California Electrical Code, Part 4 the California Mechanical Code, Part 5 the California Plumbing Code, Part 6 the California Energy Code, Part 8 the California Historical Building Code, Part 10 the California Existing Building Code, Part 11 the California Green Building Standards Code (CALGreen), and Part 12 the California Reference Standard Code and related international codes; and repeal section 10-1-115, The ordinances were introduced on March 21, 2023, and will both be considered for adoption on April 18, 2023 to both be in full force and effect on May 19, 2023.
Invitation to be Heard: All interested persons are invited to the public hearing to be heard in favor or in opposition to the proposed subject. In addition, written comments may be submitted to the Community Development Department prior to the hearing. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or written correspondence delivered to the City of San Juan Bautista prior to or at the public hearing.
Copies of the 2022 edition of the California Fire Code, as well as well copies of the 2022 editions of the California Administrative Code, the California Building Code (Vols. 1 & 2), the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code; the California Historical Building Code, the California Existing Building Code, the California Green Building Standards Code (CALGreen), the California Reference Standard Code, as is the full text of both the ordinances proposed for adoption, are on file at the office of the City Clerk and available for public inspection and review at the Community Development Department, City Hall, 311 2nd Street, San Juan Bautista, CA 95045. For further information related to this subject you may contact Mr. Don Reynolds, City Manager, City of San Juan Bautista, (831) 623-4661.
Don Reynolds
City Manger
Publish Date: March 31 & April 7, 2023
Item: # 9.A
City Council Meeting
April 18, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 18, 2023
DEPARTMENT: ENGINEER / CITY MANAGER
FROM: DON REYNOLDS, CITY MANAGER
BY: DOUG PIKE, CITY ENGINEER
TITLE: APPROVE PLANS AND SPECIFICATIONS FOR CITY OF SAN
JUAN BAUTISTA SANITARY SEWER FORCE MAIN TO
HOLLISTER PROJECT AND AUTHORIZE ISSUANCE OF THE
INVITATION TO BIDDERS
RECOMMENDED ACTION:
It is recommended that City Council approve a Resolution to Approve Plans and Specifications for City of San Juan Bautista Sanitary Sewer Force Main to Hollister Project and authorize issuance of the Invitation to Bidders with bids to open on May 26, 2023 at 2:00 p.m.
BACKGROUND
On June 2019, the City was inspected by the Environmental Protection Agency, and the State's Regional Water Quality Control Board ("RWQCB"), in October of 2019, the results of this inspection and findings were put into a letter of which indicated the City was polluting Water of the United States from the wastewater treatment facility.
On August 8, 2020, the City Council adopted Resolution 2020-42, and the City and EPA executed an Administrative Order on Consent (AOC), agreeing to resolve the City's NPDES violations by December 2023, setting forth a schedule by which certain milestones will be reached.
On October 15, 2020, the City Council approved Resolution 2020-51, and agreed to two compliance projects from the analysis provided in the Preliminary Engineers Report (PER):
"Alternative 3: Regionalization with Hollister WWTP and Off-Site Source Control (Hollister Water Treatment Plant operated by the City of Hollister", and "West Hills Water Treatment Plant operated by the San Benito County Water District)".
On November 17, 2020, the City of San Juan Bautista adopted a Wastewater Master Plan for transitioning wastewater treatment from San Juan Bautista Wastewater Treatment Plant to the Hollister Wastewater Reclamation Facility via a new pump station and force main to achieve permit compliance.
Item: # 9.A
City Council Meeting
April 18, 2023
Page | 2
In December 2020, the City issued an RFP for engineering services and in February 2021 the City Awarded a Consulting Services Agreement to Stantec Consulting Services, Inc. Since that award revisions to the original concept alignment were made during the design phase through decisions of risk analysis and meetings with adjacent jurisdictions. The original alignment included crossing a multitude of private properties that could have significantly impacted the delivery schedule and added uncertainty to the cost. The alignment was subsequently revised to be located within the County right of way.
Stantec Consulting Services has completed the design of the project by preparing engineering plans and specifications and the project is now ready to be advertised for the construction phase.
DISCUSSION
Approving the Plans and Specifications and authorizing the issuance of the Invitation to Bidders will begin the process to advertise the City of San Juan Bautista Sanitary Sewer Force Main to Hollister Project. The bidders will submit construction bids for the project.
The Project includes the following Work:
Construction of a 10-inch sanitary sewer force main extending from the City of San Juan Bautista Wastewater Treatment Plant to the City of Hollister Domestic Wastewater Treatment Plant
Construction of a Primary Pump Station to convey the wastewater to Hollister. Construction of a Storage Pump Station for peak flow shaving to the Emergency Storage Basins when influent flows exceed the capacity of the Primary Pump Station as well as the necessary improvements to drain the Emergency Storage Basins Construction of Chemical Feed System
A mandatory pre-bid conference for the Project will be held on May 11, 2023, at 10:00 am at City Hall, located at 311 Second Street, San Juan Bautista, CA 95045 (a site visit will follow). At this meeting, representatives of the City and Design Engineer will discuss the bid documents, site constraints, order of work, and other items specific to the project.
FISCAL IMPACT
The engineer’s opinion of probable cost (cost estimate) for this project is $14,400,000. This estimate includes costs of improvements funded by outside agencies including the City of Hollister Fiber Optic Conduit Line parallel to the sewer line and paving of San Benito County Road.
Stantec Consulting Services has indicated a concern for rising cost of inflation and the cost impacts of supply chain effects on delivery of components of the project. The actual costs will be determined by construction bidders and there is some uncertainty to the current bidding climate.
Upon opening bids the City will evaluate the bids to determine if adequate funding is available for the full funding of the project. Following the opening of bids, staff will return with a report to City Council to award the project to the lowest responsive bidder.
Item: # 9.A
City Council Meeting
April 18, 2023
Page | 3
The City has been working closely with USDA on the long-term bond financing solution for the Project and received authorization for funding. It is a requirement of USDA that the City must obtain interim financing for acquisition and construction of the Project, and that USDA will provide the 40-year, long-term take-out financing once the Project has been completed. In January 2023 City Council selected the Interim Financing Lender for the Project. The City has also received commitments of funding from the State of California and the Environmental Protection Agency.
ATTACHMENTS
1. Resolution to approve the plans and specifications
2. Attachments on File with the City Clerk: Plans and Specifications, Notice to Bidders Page | 1
RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
ACCEPTING APPROVED PLANS AND SPECIFICATIONS FOR CITY OF SAN JUAN
BAUTISTA SANITARY SEWER FORCE MAIN TO HOLLISTER PROJECT AND
AUTHORIZE ISSUANCE OF THE INVITATION TO BIDDERS
WHEREAS, On June 2019, the city was inspected by the Environmental Protection Agency, and the State's Regional Water Quality Control Board ("RWQCB"), in October of 2019, the results of this inspection and findings were put into a letter of which indicated the City was polluting Water of the United States from the wastewater treatment facility; and WHERAS, On August 8, 2020, the City Council adopted Resolution 2020-42, and the City and EPA executed an Administrative Order on Consent (AOC), agreeing to resolve the City's NPDES violations by December 2023, setting forth a schedule by which certain milestones will be reached; and
WHEREAS, On October 15, 2020, the City Council approved Resolution 2020-51, and agreed to two compliance projects from the analysis provided in the Preliminary Engineers Report (PER): "Alternative 3: Regionalization with Hollister WWTP and Off-Site Source Control (Hollister Water Treatment Plant operated by the City of Hollister", and "West Hills Water Treatment Plant operated by the San Benito County Water District)"; and WHEREAS, On November 17, 2020, the City of San Juan Bautista adopted a Wastewater Master Plan for transitioning wastewater treatment from San Juan Bautista Wastewater Treatment Plant to the Hollister Wastewater Reclamation Facility via a new pump station and force main to achieve permit compliance; and
WHEREAS, In December 2020, the City issued an RFP for engineering services and in February 2021 the City Awarded a Consulting Services Agreement to Stantec Consulting Services, Inc.; and
WHEREAS, Stantec Consulting Services has completed the design of the project by preparing engineering plans and specifications and the project is now ready to be advertised for the construction phase; and
WHEREAS, the engineer’s opinion of probable cost (cost estimate) for this project is $14,400,000. This estimate includes costs of improvements funded by outside agencies including the City of Hollister Fiber Optic Conduit Line parallel to the sewer line and paving of San Benito County Road; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Juan Bautista;
1. Directs and Authorizes the City Clerk to publish in a newspaper of general circulation the Notice to Bidders.
Page | 2
2. A mandatory pre-bid conference for the Project will be held on May 11, 2023, at 10:00 am at City Hall, located at 311 Second Street, San Juan Bautista, CA 95045.
PASSED AND APPROVED by City Council of the City of San Juan Bautista on the 18th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Leslie Q. Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item # 9.B.
City Council Meeting
April 18, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 18, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: END THE IMPOSITION OF WATER CONSERVATION
REGULATIONS AND RESTRICTIONS DUE TO SEVERE
DROUGHT REQUIRED BY MUNICIPAL CODE 6-4-116
RECOMMENDED MOTION:
Approve a Resolution rescinding Resolution 2022-27, and end the imposition of water conservation regulations and restrictions defined in Municipal Code 6-4-116, while continuing to encourage San Juan Bautista citizens to make water conservation a way of life.
RECOMMENDATION:
Consistent with State and County action, it is recommended that the City Council find that the severe drought emergency has ended, and while conserving water in San Juan Bautista is a way of life, there is no longer a need to impose the strict water conservation regulations and by adopting the attached Resolution, will end the water conservation and restrictions required in Municipal Code 6-4-116.
EXECUTIVE SUMMARY:
More than 15 atmospheric rivers have passed through the City since December 2022, replenishing ground water resources and leaving a historically high snow-pack in the Sierras. Most of the region has recovered from severe drought, and is now at 75% or above its drinking water storage capacity.
The Governor signed into law Executive Order N-5-23 on March 24, 2023, removing the Stage 2 strict statewide water conservation measures required in a Severe Drought Emergency. Most local jurisdictions intend to remove their Stage 2 Drought conservation measures. This proposed Resolution rescinds the declaration of severe drought emergency in Resolution 2022-27, and removes the imposition of strict conservation measures required by Municipal Code 6-4-116, during severe drought.
Page | 2
BACKGROUND:
Severe and unusual weather has become the “norm;” too much weather. The State was in severe drought situation from 2012-2016, with a brief respite, then back into the drought situation just a year later. The Governor in April 2021, and on May 10, 2021, July 8, 2021 and October 19, 2021, declared a state of emergency in a growing number of counties in the state, that includes San Benito County, declaring a severe drought emergency in the spring of 2022.
Currently, San Juan Bautista relies on 3-wells for its drinking water. Well 1 is the best quality water, but under normal circumstances, must be shut-down later in the summer when the aquifer is too low to draw water from. Well 6 has been shut-down since 2019 due to nitrates. Well 5, with a capacity of more than 300 gallons per minute, is the prime source of water for the City. It must be treated for iron and manganese before it can be distributed. It contains high levels of sodium and chloride and cannot be treated by the City’s waste water treatment plant. The City will be blending its ground water with imported surface water from the San Benito County Water District. It has also been recently approved to implement the Microvi technology that removes nitrates from Well 6.
In discussions with Shawn Novak of the San Benito Water Resources Agency, the aquifers in the County are fairly stable, and ranked in the middle for their reliance when compared to others in the State. He summarizes the regional water situation as follows:
According to what I read on the state’s website:
https://www.gov.ca.gov/2023/03/24/governor-newsom-eases-drought-restrictions/, I don’t see any issues rescinding the Emergency Water Conservation Regulations locally.
Below, I highlighted the first two bullet points that specifically state Stage I & II of our local Water Shortage Contingency Plan can be lifted. The third bullet point hasn’t been enforced in the Hollister Urban Area since its inception . The fourth bullet point focuses on groundwater and doesn’t apply locally since our groundwater basin is in good shape and we are listed as a medium priority basin by the DWR . Even during the midst of the drought we didn’t get close to the minimum threshold in the vast majority of the basin.
I’m sure the groundwaterreport laterthis year will show the resiliency of our basin. Just like after the drought that ended in 2018-19. I’m sure we will see substantial improvements in elevation levels due to all the water in Hernandez reservoir that feeds the San Benito River. Plus, the SBCWD will be percolating approximately 4,000 acre-feet of water into the basin later this year.
While recent storms have helped ease drought impacts, regions and communities across the state continue to experience water supply shortages, especially communities that rely on groundwater supplies that have been severely depleted in recent years. Today’s order is responsive to current conditions while preserving smart water measures:
Item # 9.B.
City Council Meeting
April 18, 2023
Page | 3
• Ends the voluntary 15% water conservation target, while continuing to encourage that Californians make conservation a way of life; • Ends the requirement that local water agencies implement level 2 of their drought contingency plans;
• Maintains the ban on wasteful water uses, such as watering ornamental grass on commercial properties;
• Preserves all current emergency orders focused on groundwater supply, where the effects of the multi-year drought continue to be devastating; • Maintains orders focused on specific watersheds that have not benefited as much from recent rains, including the Klamath River and Colorado River basins, which both remain in drought;
• Retains a state of emergency for all 58 counties to allow for drought response and recovery efforts to continue.
Regards,
Shawn Novack
The City’s and the County’s aquifers were at risk of being depleted and now that risk is over.
ATTACHMENT:
Proposed Resolution
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
BAUTISTA ENDING THE IMPOSITION OF WATER CONSERVATION
REGULATIONS AS DESCRIBED IN THE “WATER SHORTAGE REGULATIONS AND RESTRICTIONS,” MUNICIPAL CODE 6-4-116
WHEREAS, water is the State’s most valuable resource, and conserving water use is always and will be forever a critical part of California culture, especially in San Juan Bautista, where the ground water is so sensitive to climate change and other adverse impacts; and WHEREAS, on April 27, 2022, the City Council adopted Resolution 2022-27, finding the City to be in a state of severe drought emergency, and pursuant to Municipal Code 6-4-116, imposed certain water conservation regulations May 1, 2022; and WHEREAS, pursuant to the California Water Code - Section 350-359 the City of San Juan Bautista declared a water shortage emergency condition to prevail within the area April 21, 2022, finding and determining that the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply for human consumption, sanitation, and fire protection; and
WHEREAS, the City’s Municipal Code Chapter 6 Section 4-116 “Water Shortage Regulations and Restrictions” that a Declaration of Emergency and imposition of water conservation regulations stipulated within City Code 6-4-116 and consistent with the San Benito Water Resources Agency “Stage 2 Water Shortage Contingency Plan” with a goal of reducing water consumption by 25% is required when the ordinary demands and requirements of water consumers cannot be satisfied without depleting the water supply; and WHEREAS, on March 24, 2022, the Governor signed Executive Order N-5-23, noting that after three of the driest rainy seasons in State history, the extreme weather conditions, based on a snow survey March 3, 2023, that improved conditions of many groundwater basins across the State have recovered from the three years of drought, and that the conservation measures imposed by Executive Order N-10-21, N-7-22, and N-3-23 are no longer necessary to mitigate the effects of drought conditions; and
WHEREAS, the water agencies in San Benito County are all taking action to remove the Stage Two Water Shortage Contingency Measures enacted one year ago, now that water resources have been replenished to at or above 75% of the capacities; and WHEREAS, in staff’s report to the City Council, the City Council it is asked to continue to encourage that water conservation be the way of life for all City citizens, but find that the Municipal Code Section 6-4-116 conservation measures enacted by Resolution 2022-27 are no longer necessary, and agrees to end the imposition of these severe water conservation measures.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. It finds that severe drought conditions no longer exist within the County, and that water resources have recovered to at least 75% of capacity, no longer placing the County and City in a state of drought emergency.
3. Finds and determines that ordinary demands and requirements of water consumers can now be satisfied without depleting the water supply.
4. Rescinds Resolution 2022-27 ending the need to impose the strict water shortage regulations and restrictions provided in Municipal Code 6-4-116.
5. Authorize the City Manager to publicize the end of these water conservation measures while making water conservation a way of life in San Juan Bautista.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 18th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Item # 9.C
City Council Meeting
April 18, 2023
1 Copy
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 18, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
BY: BRIAN FOUCHT, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: CONSIDER ADOPTION OF A RESOLUTION RESCINDING
RESOLUTION 2023-21 AND FURTHER ADDRESSING THE
MATTER OF THE REMOVAL OR OTHER DISPOSITION OF
PARKLETS
NATURE OF THE MATTER BEFORE THE CITY COUNCIL:
1. To consider adopting a resolution rescinding approval of City Council Resolution 2023-21 (copy attached) and further addressing the matter of the removal or other disposition of the parklets along Third Street. This matter was placed on the Agenda at the request of Councilmember Freeman in accordance with Council Resolution 2019-43 “A Resolution of the City Council of the City of San Juan Bautista Adopting a Policy Regarding Rules of Procedure and Placement of Items on Agendas.”
BACKGROUND INFORMATION:
In April 2020 the City began meeting weekly with its downtown businesses to develop a plan in response to the ongoing COVID-19 Public Health Emergency. Thereafter, on May 19, 2020, the City Council adopted Resolution 2020-24 enabling the establishment of outdoor shopping and dining via expansion of businesses into and the construction of decks within the public right of way. Third Street was transformed to a single, one-way, lane to enable this expansion. Resulting encroachment permits for these “parklets” were initially approved for a three-month period ending December 31, 2020. On November 10, 2020, the City Council agreed to extend the parklets until March 30, 2021, and thereafter agreed to an extension to September 30, 2021. On November 16, 2021, by Resolution 2021-61 the City Council established a Temporary Parklet Permit and a Parklet Ad Hoc Committee.
The parklets were subsequently extended to March 30, 2022, pending adoption of an ongoing policy.
Discussions on the subject of “permanence” of the parklets has involved issues of non-conformity, long-term planning, design of the Third Street streetscape, public safety, infrastructure, relationship to buildings, structures and landscaping within the Third Street Historic District, and cost of removal.
It is established that to allow permanent parklet type outdoor commercial use would first require a thorough evaluation of the historic Third Street district streetscape.
Item # 9.C
City Council Meeting
April 18, 2023
2 City Council Resolution 2022-21, adopted on March 15, 2022, directed the City Manager to cease issuing encroachment permits for parklets and requested a recommendation from the Economic Development Citizens Advisory Committee (EDCAC) regarding continuance of parklets and the City Council extended the term of the transformation of Third Street and the operation of the parklets to May 31, 2022.
The City Council thereafter on May 24, 2022, adopted Resolution 2022-40 approving the recommendations of the EDCAC as the City’s policy regarding parklets and their ongoing disposition in relation to the Third Street Master Plan as follows:
• Parklets are generally perceived to be beneficial to the community and to the sponsoring business.
• There are noted adverse effects of parklets; however, the benefits outweigh the noted adverse effects.
• Parklets should not be prevalent on Third Street in the short term. As a means of limiting noted short term adverse effects, the present parklet experience should not be expanded. • It is important to know and understand the attitudes and perspectives of the community, business owners and visitors.
• Parklets should remain until the Third Street Master Plan construction begins. Third Street Master Plan parklet/plaza concepts should be shaped by referenced surveys and testimonials. The parklet experience should be re-imagined for use in the context of the Third Street Master Plan.
The Governor’s office, on October 17, 2022, announced that the COVID-19 statewide State of Emergency would end on February 28, 2023, and the state will instead rely on ongoing enhanced public health initiatives to drive down rates and severity of infection. It is important to recognize that the Governor’s action does not stipulate that COVID is no longer a threat. Instead, the Governor recognizes the importance of continued emphasis on public health practices via the safety measures set forth at covid19.ca.gov. At its meeting on December 20, 2022, the City Council directed the City Manager to return with a resolution that would institute a revised policy affecting parklets that would go into effect at such time that the COVID statewide State of Emergency is lifted, which took place as of 11:59 p.m. on February 28, 2023.
On March 21, 2023, the City Council adopted Resolution 2023-18 declaring that the local emergency declared by Resolution 2020-10 due to the COVID-19 pandemic would terminate as of 11:59 on March 21, 2023. Thereafter at the same meeting the City Council adopted Resolution 2023-21 ordering the removal of all parklets and the associated traffic barriers (i.e., the barrels containing the succulents) on Third Street on or before April 28, 2023 with parklet owners to be eligible for compensation by the City from the General Fund for the reasonable cost of removal, not to exceed $5.00 per square foot or $800.00, whichever is less. On March 22, 2023, the City Manager issued a public notice concerning the removal of parklets.
Item # 9.C
City Council Meeting
April 18, 2023
3 DISCUSSION:
After the adoption of Resolution 2023-21 the City received numerous correspondence from business owners operating parklets and from other members of the public (copies attached) concerning the passage of Resolution 2023-21, much of it in support of continuance of parklets, prompting Councilmember Freeman to contact the City Manager and request that the subject of parklet removal, and accordingly consideration of the rescission of Resolution 2023-21, be placed on the agenda for this meeting to enable the City Council to once again hear from the public and give further consideration to this important matter. Pertinent to the Council’s consideration regarding extension of parklets are the following attached statutes:
1. Health and Safety Code 114067, operative until January 24, 2024, allows Temporary Satellite Food Service activities (i.e., parklet dining) by permitted food facilities in a local jurisdiction subject to retail food operation restrictions related to COVID-19 public health response following the end of the statewide State of Emergency on February 28, 2023. The encroachment permits issued by the City to restaurants for the operation of their parklets were issued in response to the restrictions imposed on food serving facilities by the COVID19 pandemic.
2. Business and Professions Code Section 25750.5 allows up to a 365-day extension of a COVID-19 Temporary Catering Authorization to premises licensed by the California Department of Alcoholic Beverage Control (ABC) to continue to exercise their license to sell alcohol in an expanded area under the control of the licensee following the end of the statewide State of Emergency on February 28, 2023. Concerning the parklets, it is the encroachment permit issued by the City in response to the COVID pandemic that provides a licensee with control of the area within the public right of way occupied by a parklet.
3. Government Code Section 65907, operative until January 1, 2024, requires the City to reduce the number of required parking spaces for existing uses by the number of spaces needed to accommodate parklets allowed to mitigate COVID-19 restrictions on indoor dining, The encroachment permits issued by the City to restaurants for the operation of their parklets were issued to mitigate the effects of COVID-19 pandemic restrictions on indoor dining establishments in the City.
Depending upon whether the City Council wishes to revisit its adoption of Resolution 2023-21, taken together or individually while these statutes do not mandate that the City continue allowing certain parklets for businesses serving food and/or alcoholic beverages and they do place limits on how long such parklets may remain, these statutes provide the City Council with a regulatory framework that is aligned with state law for the possible continuation of certain parklets or for their immediate removal by a date certain through revocation of the encroachment permits for these parklets.
Concerning parklets serving retail establishments the authority for construction and continuing operation of retail parklets stemmed from the Emergency Declarations issued by the Governor and by the City Council in response to the COVID-19 pandemic, both of which have now been terminated and staff has found no statutory authority related to COVID-19 for continuing retail parklets.
Item # 9.C
City Council Meeting
April 18, 2023
4 As stated, s policy approved by Resolution 2023-21 provides for compensation to owners for the removal of their parklets at the rate of $5.00 per square foot not to exceed $800.00. Should the Council decide to rescind Resolution 2023-21, the Council may wish to again consider this policy matter.
OPTIONS IDENTIFIED:
The options before the City Council would appear to include:
1. Take no action. Allow Resolution 2023-21 to remain in place and to continue to require removal of all parklets and the traffic barriers associated with the parklets by April 28, 2023, in accordance with the notice given, and offer compensation for their removal as provided.
2. Adopt a resolution rescinding Resolution 2023-21, addressing the ban on new or replacement parklets and providing for continuation of existing parklets associated with food serving and other ABC licensed premises (there are no parklets associated with restaurants that are not also licensed as either ABC Type 42 or Type 47 establishments) to a date certain which cannot be later than January 1, 2024, thereafter to be removed, and ordering the removal of the parklets associated with retail establishments by April 28, 2023 or another date set by the City Council, and readopt the offer of compensation to owners at the time of removal.
3. Adopt a resolution rescinding Resolution 2023-21 and direct that the matter return for further consideration.
4. Take other action as appropriate.
CONCLUSION:
Two alternative draft resolutions for options 2 and 3 are attached for the City Council’s consideration.
Reviewed and approved by:
s/ Don Reynolds
Don Reynolds, City Manager
s/ Robert Rathie
Robert Rathie, City Attorney
Item # 9.C
City Council Meeting
April 18, 2023
5 ATTACHMENTS
City Council Resolution 2023-21
Draft Resolutions
Communications received
Health and Safety Code Section 110467 Satellite food service Business and Professions Code Section 25750.5 Temporary Catering Authorization Government Code 65907 Parking restrictions
DRAFT RESOLUTION – STAFF REPORT ALTERNATIVE 2
APRIL 18, 2023 COUNCIL MEETING – ITEM 9C
Page | 1
RESOLUTION NO. 2023- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA RESCINDING RESOLUTION 2023-21 AND ESTABLISHING THE
TERM OF PARKLET ENCROACHMENT PERMITS
WHEREAS, in an effort to control the pandemic caused by the COVID-19 coronavirus, on March 4, 2020, under the authority provided by Government Code §8625, Governor Newsom issued a Proclamation of State of Emergency in California; and WHEREAS, the shelter in place health orders that followed the State Of Emergency closed all but essential businesses; and
WHEREAS, on March 17, 2020, under the authority provided by Government Code §8630 and San Juan Bautista Municipal Code §5-33-040, by Resolution 2020-10 the City Council of the City of San Juan Bautista, upon the request of the City Manager/Director of Emergency Services, proclaimed a state of local emergency caused by the COVID-19 to have existed in the City since March 13, 2020 and in adopting subsequent resolutions periodically reviewed and confirmed the continuing existence of the local emergency; and WHEREAS, this closure of businesses was harmful to the City's economy and the City, among many other things, initiated the Transformation of Third Street by adopting Resolution 2020-24, on May 19, 2020; and
WHEREAS, to implement the Transformation of Third Street, business owners were offered the opportunity to expand their business onto the public right-of-way and build decks, also known as "parklets," where customers could sit safely and enjoy their services; and WHEREAS, in an effort to protect the historic nature of the downtown, parklets were required to be built in compliance with Guidelines adopted via City Council Resolution 2021- 61; and
WHEREAS, the parklet program was approved by the City Council for a period of six months ending December 31, 2020, and serially extended until March 30, 2021, February 16, 2021 September 30, 2021, March 30 2022, and May 31, 2022; and WHEREAS, the City Council has approved and budgeted funds for the preparation of a Master Streetscape Plan (Third Street Master Plan) for the San Juan Bautista Downtown with a focus on Third Street Mixed Use area and desires to utilize the community’s experience with parklets to evaluate the character of public improvements within the Downtown area; and WHEREAS, the City Council has requested and considered the evaluation and recommendation of the City of San Juan Bautista Economic Development Citizens Advisory Committee (EDCAC) established, in part, for this purpose; and DRAFT RESOLUTION – STAFF REPORT ALTERNATIVE 2
APRIL 18, 2023 COUNCIL MEETING – ITEM 9C
Page | 2
WHEREAS, the City Council has considered that the Governor lifted the COVID 19 State of Emergency on February 28, 2023. Notwithstanding this announcement, the City Council is aware that COVID-19 variants represent a continuing threat to public health, safety and general welfare; and
WHEREAS, on March 21, 2023, by the adoption of Resolution 2023-18 the City Council proclaimed and declared the termination of the local emergency due to the COVID-19 coronavirus as of 11:59 p.m. on that date; and
WHEREAS, on March 21, 2023, in adopting of Resolution 2023-21 the City Council directed the City Manager to: (1) continue the restriction prohibiting new or replacement parklets:
(2) terminate the current encroachment permit authorization for all parklets; (3) effect the removal of all parklets and the traffic control devices installed for the protection of parklets on Third Street by April 28, 2023; and
WHEREAS, subsequent to the adoption of Resolution 2023-21 the City received numerous correspondence from business owners operating parklets and from other members of the public concerning the passage of Resolution 2023-21, much of it in support of continuance of parklets, prompting Councilmember Freeman to request that the subject of parklet removal, and accordingly consideration of the rescission of Resolution 2023-21, be placed on the agenda under the procedure adopted under Resolution 2019-43 for placing matters on a City Council agenda; and
WHEREAS, on March 21 and April 18, 2023, the City Council received and reviewed staff reports as well as written and verbal communication concerning this matter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. That Resolution 2023-21 continuing the restriction prohibiting new or replacement parklets, terminating the current encroachment permit authorization for all parklets, effecting the removal of all parklets and the traffic control devices installed for the protection of parklets on Third Street by April 28, 2023, is hereby rescinded and is no longer valid or of any effect.
2. The City Manager is hereby ordered to continue the restriction prohibiting new or replacement parklets.
3. The use of existing parklets associated with food serving and other premises licensed by the California Department of Alcoholic Beverage Control are permitted to continue in operation subject to Section 4 below and shall be annually inspected by the City Fire Marshall and Building Inspector to ensure protection of the public health and safety.
4. All parklets associated with food serving and other premises licensed by the California Department of Alcoholic Beverage Control shall cease operation and the encroachment permit for same shall terminate and be revoked on ________________, 2023, and the owner or operator of the establishment shall effect the removal of the parklet on or before __________________, 2023.
DRAFT RESOLUTION – STAFF REPORT ALTERNATIVE 2
APRIL 18, 2023 COUNCIL MEETING – ITEM 9C
Page | 3
5. All parklets associated with retail establishments shall cease operation and the encroachment permit for same shall terminate and be revoked immediately and the owner or operator of the retail establishment shall effect the removal of the parklet on or before __________________, 2023.
6. The owner or operator responsible for the removal of a parklet required to be removed may be compensated from the City’s General Fund, following prior application to the City Manager or his designee for same and following the removal, for the reasonable cost of removal in an amount not to exceed $5.00 per square foot or $800.00, whichever is less.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 18th day of April 2023 by the following vote:
AYES:
NOES: :
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
DRAFT RESOLUTION – ALTERNATIVE 3 – APRIL 18, 2023 COUNCIL MEETING – ITEM 9C Page | 1
RESOLUTION NO. 2023- ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA RESCINDING RESOLUTION 2023-21, CONTINUING THE
RESTRICTION PROHIBITING NEW OR REPLACEMENT PARKLETS, AND
PROVIDING FOR THE FURTHER CONSIDERATION OF THE TERM OF
PARKLET ENCROACHMENT PERMITS
WHEREAS, in an effort to control the pandemic caused by the COVID-19 coronavirus, on March 4, 2020, under the authority provided by Government Code §8625, Governor Newsom issued a Proclamation of State of Emergency in California; and WHEREAS, the shelter in place health orders that followed the State Of Emergency closed all but essential businesses; and
WHEREAS, on March 17, 2020, under the authority provided by Government Code §8630 and San Juan Bautista Municipal Code §5-33-040, by Resolution 2020-10 the City Council of the City of San Juan Bautista, upon the request of the City Manager/Director of Emergency Services, proclaimed a state of local emergency caused by the COVID-19 to have existed in the City since March 13, 2020 and in adopting subsequent resolutions periodically reviewed and confirmed the continuing existence of the local emergency; and WHEREAS, this closure of businesses was harmful to the City's economy and the City, among many other things, initiated the Transformation of Third Street by adopting Resolution 2020-24, on May 19, 2020; and
WHEREAS, to implement the Transformation of Third Street, business owners were offered the opportunity to expand their business onto the public right-of-way and build decks, also known as "parklets," where customers could sit safely and enjoy their services; and WHEREAS, in an effort to protect the historic nature of the downtown, parklets were required to be built in compliance with Guidelines adopted via City Council Resolution 2021- 61; and
WHEREAS, the parklet program was approved by the City Council for a period of six months ending December 31, 2020, and serially extended until March 30, 2021, February 16, 2021 September 30, 2021, March 30 2022, and May 31, 2022; and WHEREAS, the City Council has approved and budgeted funds for the preparation of a Master Streetscape Plan (Third Street Master Plan) for the San Juan Bautista Downtown with a focus on Third Street Mixed Use area and desires to utilize the community’s experience with parklets to evaluate the character of public improvements within the Downtown area; and WHEREAS, the City Council has requested and considered the evaluation and recommendation of the City of San Juan Bautista Economic Development Citizens Advisory Committee (EDCAC) established, in part, for this purpose; and DRAFT RESOLUTION – ALTERNATIVE 3 – APRIL 18, 2023 COUNCIL MEETING – ITEM 9C Page | 2
WHEREAS, the City Council has considered that the Governor lifted the COVID 19 State of Emergency on February 28, 2023. Notwithstanding this announcement, the City Council is aware that COVID-19 variants represent a continuing threat to public health, safety and general welfare; and
WHEREAS, on March 21, 2023, by the adoption of Resolution 2023-18 the City Council proclaimed and declared the termination of the local emergency due to the COVID-19 coronavirus as of 11:59 p.m. on that date; and
WHEREAS, on March 21, 2023, in adopting of Resolution 2023-21 the City Council directed the City Manager to: (1) continue the restriction prohibiting new or replacement parklets:
(2) terminate the current encroachment permit authorization for all parklets; (3) effect the removal of all parklets and the traffic control devices installed for the protection of parklets on Third Street by April 28, 2023; and
WHEREAS, subsequent to the adoption of Resolution 2023-21 the City received numerous correspondence from business owners operating parklets and from other members of the public concerning the passage of Resolution 2023-21, much of it in support of continuance of parklets, prompting Councilmember Freeman to contact the City Manager and request that the subject of parklet removal, and accordingly consideration of the rescission of Resolution 2023-21, be placed on the agenda under the procedure adopted under Resolution 2019-43 for placing matters on a City Council agenda; and
WHEREAS, ON March 21 and April 18, 2023, the City Council received and reviewed staff reports as well as written and verbal communication concerning this matter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. That Resolution 2023-21 continuing the restriction prohibiting new or replacement parklets, terminating the current encroachment permit authorization for all parklets, effecting the removal of all parklets and the traffic control devices installed for the protection of parklets on Third Street by April 28, 2023, is hereby rescinded and is no longer valid or of any effect.
2. The City Manager is hereby ordered to continue the restriction prohibiting new or replacement parklets and to return a proposal for the disposition of the existing parklets in accordance with the direction given by the City Council.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 18th day of April 2023 by the following vote:
DRAFT RESOLUTION – ALTERNATIVE 3 – APRIL 18, 2023 COUNCIL MEETING – ITEM 9C Page | 3
AYES:
NOES: :
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
FORM LETTER
RE: City of San Juan Bautista Complaint Report - Parklet Resolution and Brown Act Violation March 31, 2023
Dear City of San Juan Bautista Council and Staff:
My name is ____________and I reside at _____________ California.
I am the business owner of ___________located at______________, San Juan Bautista California.
The City Council failed to agendize and notify the public of the resolution to remove all parklets at the March 21, 2023 Council meeting. The agenda for the meeting indicated the Council would resolve to remove certain parklets (Agenda Item 7A); the resolution in the agenda packet indicated that “parklets used for retail purposes” would be terminated but expressly retained “existing parklets for eating establishments and bars.” The resolution the Council ultimately voted on departed from the agenda and directly contradicted the published resolution language.
Not only did the unpublished resolution language and subsequent vote on a non-agendized resolution violate the intention of the Brown Act, it hurts the profitability and practices of Third Street businesses that continue to rely on their parklets, and undermines the relationship between the Council and local business community. Had owners of eating establishments and bars known their parklets could be terminated, they would have advocated for themselves at the meeting like the owners of retail parklets had and could have provided input for a balanced decision by the Council.
Sadly, this damaging action was entirely unnecessary: in light of debate at the meeting, the Council could have tabled the action to revise the resolution language and provide proper public notification. To undo some of the impact from this action, I implore the Council to undertake a transparent analysis of parklet pros and cons that includes thoughtful discussion with those affected, if not the broader community. I further request that the Council cure or correct the Brown Act violation by using the recommended analysis to revise the parklet resolution language and properly publish and agendize it before taking action at an open meeting.
Sincerely,
1. Steve Io >
2. Maya Dizon < >
3. Megan Duenas < >
4. Eli Duenas < >
5. Sean Fitzharris >
6. Fran Fitzharris < >
7. LeeAnna Brothers < >
8. Monica Ramirez < >
9. Debbie Hernandez < >
10. Vickie Sciacqua < >
11. Zooey Diggory >
12. gabriela madrigal < >
13. Marissa castaneda
14. Lori Wilson l
15. Kristina Hastings
16. Maya Dizon
17. Item #9.D
City Council Meeting
April 18, 2023
1 CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
DATE: APRIL 18, 2023
DEPARTMENT: DON REYNOLDS, CITY MANAGER
FROM: DON REYNOLDS, CITY MANAGER
BY: ELIZABETH SOTO, DEPUTY CITY CLERK
TITLE: DETERMINE SPECIFIC TIMES AND PLACE
CONSISTENT WITH MUNICPAL CODES 5-1-166 AND 5-
16-100, AND AUTHORIZE NON-PROFIT ORGANIZATION
ANZAR HIGHSCHOOL BOOSTER CLUB TO SELL SAFE
AND SANE FIREWORKS FOR THE FOURTH OF JULY
HOLIDAY
RECOMMENDED ACTION(S):
That the City Council consider the three attached possible resolutions, and determine if or when fireworks will be sold this year by the one non-profit applying to do so (Anzar High School Booster Club), and if so, under what specific times and place this Fourth of July Season.
BACKGROUND INFORMATION:
In 2021 the City took specific and urgent action to further control over the use of fireworks in the City due in part to extremely dry drought conditions. It increased the bail scheduled for fines for the illegal fireworks, and established a budget and special enforcement duties for public safety.
Generally speaking, the effort was successful on those days leading up to the 4th of July. On the 4th of July resources were spread thin making enforcement difficult. Code Enforcement attempted an “educational approach” to enforcement that was partly effective. Three citations were written. One arrest was made using the camera system leased for the holiday. The “debrief” of the event lead to several proposed changes.
Staff was directed to clarify the two City codes in place; 5-1-166 and 5-16-100. 5-1-166 does allow fireworks in the City with the approval by the Fire Marshall, and these have for decades been limited to “Safe and Sane” fireworks. Code 5-16-100 does prohibit the use of fireworks in the City unless specified by time and locations are identified by the City Council. The City policy last year was intended to be a “Zero Tolerance” policy and will be enforced in this manner Item #9.D
City Council Meeting
April 18, 2023
2 in the future. The use of the emergency incident command structure, increased cooperation and collaboration between the Fire Department, Sheriff, Code Enforcement and private security.
DISCUSSION:
The City Attorney has considered the two City Codes and determined that are not in conflict with each other. The prohibition allows for the Council discretion in their use. Attached are drafted three alternative resolutions for the Council to consider concerning the request of the Anzar High School Boosters Club to sell fireworks for the 4th of July and for the Council to consider whether it wants to permit or prohibit the use of fireworks in the city from noon on June 30, 2022 to midnight on July 4, 2022.
Version 1 continues the prohibition on the use of all fireworks in the City but grants the Anzar Boosters the right to sell safe and sane fireworks at The Windmill. Since the Council presumably did not address the prohibition on fireworks in Section 5-16-100 when it previously granted permission for sale of fireworks under Section 5-1-165 this is effectively what I understand the city has done in past years;
Version 2 allows the use of safe and sane fireworks on private property by persons over 18 or minors accompanied by and under supervision of a parent or guardian from noon on June 30, 2023 to midnight on July 4, 2023 and grants the Anzar Boosters the right to sell safe and sane fireworks at The Windmill;
Version 3 continues the prohibition on the use of all fireworks in the City and denies the Anzar Boosters request to sell safe and sane fireworks.
All three resolutions recognize the adoption in 2021 of Resolution 2021-34A and affirm the increased administrative bail schedule established by that resolution for violations of 5-16-100 ($1K first offense, $2.5K second offense, and $5K third and subsequent offenses).
The Council can exercise its authority to provide further limitations. The use of fireworks can be restricted to just the 4th of July between certain hours. Staff’s intent is to provide an array of options within the boundaries of the City’s current code.
Staff will work with its partners to re-establish a special enforcement team as it did last year. This was a $6,000 expensesincluding outreach efforts, camera system, and special private security duty.
FISCAL IMPACT:
The $6,000 budget will be paid from the General Fund, and be included in the 2024 budget.
ATTACHMENTS:
3-proposed Resolutions
Page | 1
ATTACHMENT 1
RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AFFIRMING THE PROHIBITION ON THE USE WITHIN THE CITY OF ALL
FIREWORKS AT ANY TIME AND AUTHORIZING THE ANZAR HIGH SCHOOL BOOSTERS CLUB TO SELL FIREWORKS WITHIN THE CITY FOR THE JULY 4, 2023, HOLIDAY
WHEREAS, Section 5-16-100 of Chapter 5-16 of the City’s Municipal Code entitled “Fireworks” prohibits setting off fireworks within the City except at such times and places as the City Council may be order designate and permit; and
WHEREAS, Section 5-1-165 of Chapter 5-1 “California Fire Code, 2001 Edition” amends Section 7802 of the Uniform Fire Code to permit, upon approval by the City Council, the issuance by the Fire Chief of one permit for the sale of factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public during the period from Noon on June 30 to midnight on July 4; and
WHEREAS, the City of Hollister provides fire protection services under contract to the City of San Juan Bautista and the Fire Chief of the City of Hollister serves presently as the Fire Chief of the City of San Juan Bautista; and
WHEREAS, on ____________, 2023, a request was received from American Promotional Events, Inc. dba TNT Fireworks on behalf of the Anzar High School Boosters Club to sell “safe and sane” fireworks from a fireworks’ stand to be located in the parking lot of The Windmill Market at 310 The Alameda daily during the hours of 9:00 a.m. and 10:00 p.m. between the dates of June ___, 2023 and July 4, 2023; and WHEREAS, American Promotional Events, Inc dba TNT Fireworks has provided proof of insurance coverage including, but not limited to, commercial general liability in the amount of $1,000,000 each occurrence and $2,000,000 general aggregate naming the City of San Juan Bautista as an additional insured; and
WHEREAS, on June 29, 2021, by Resolution 2021-34A the City Council approved the delegation of authority to its private security provider to issue administrative citations for violation of the City’s fireworks laws during times of extreme heat, dry weather and extreme fire drainage; and
WHEREAS, the State of California, San Benito County and the City are in the third year of a drought and continue to experience longer wildfire seasons, extended dryness with little precipitation, and above normal temperatures which results in lower than normal fuel moisture levels and accordingly an increased potential for wildland fire activity; and Page | 2
WHEREAS, by Resolution 2021-34A the City Council also established a bail schedule for administrative citations issued pertaining to enforcement of Section 5-16-100 which provides for a fine of $1,000 for a first offense, $2,500 for a second offense and $5,000 for a third or subsequent offense.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN JUAN BAUTISTA AS FOLLOWS:
1. The above Recitals are true and correct.
2. The City Council hereby affirms the prohibition set forth in Section 5-16-100 of the Municipal Code on the setting off of any fireworks within the City of San Juan Bautista at all times and the bail schedule established by Resolution 2021-34A for violation of same.
3. Subject to the prohibition on their use at all times within the City, in accordance with Section 5-1-165 of the Municipal Code, the City Council hereby directs that one permit be issued for the sale of factory-packaged fireworks of the type permitted by the California State Fire Marshall for use by the general public for their use where permitted by local regulation and requests the Fire Chief of the City of Hollister to issue that permit to the Anzar High School Boosters Cub to allow the sale of such fireworks in the City of San Juan Bautista at the Windmill Market, 301 The Alameda between the hours of 9:00 A.M. to 10:00 P.M. commencing at noon on June 30, 2023 and ending on July 4, 2023. The Anzar High School Boosters Club is a nonprofit organization and is not required to obtain a business permit for this fundraising event from which the receipts are used solely for a benevolent purpose.
4. The permit issued pursuant to Section 2 above is not intended as, nor shall it be construed to be, permission for any person to use fireworks within the City of San Juan Bautista during the term of the permit or at any other time.
5. For purposes of clarity, the use of any fireworks within the City at any time, including “safe and sane” fireworks contained in factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public, may subject the user to the penalties provided by Resolution 2021-34A.
PASSED AND APPROVED this 18th day of April 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Page | 3
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto,Deputy City Clerk
Page | 1
ATTACHMENT 3
RESOLUTION 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AFFIRMING THE PROHIBITION ON THE USE WITHIN THE CITY OF ALL
FIREWORKS AT ANY TIME AND DENYING THE REQUEST OF THE ANZAR HIGH
SCHOOL BOOSTERS CLUB TO SELL FIREWORKS WITHIN THE CITY FOR THE JULY 4, 2023, HOLIDAY
WHEREAS, Section 5-16-100 of Chapter 5-16 of the City’s Municipal Code entitled “Fireworks” prohibits setting off fireworks within the City except at such times and places as the City Council may be order designate and permit; and
WHEREAS, Section 5-1-165 of Chapter 5-1 “California Fire Code, 2001 Edition” amends Section 7802 of the Uniform Fire Code to permit, upon approval by the City Council, the issuance by the Fire Chief of one permit for the sale of factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public during the period from Noon on June 30 to midnight on July 4; and
WHEREAS, the City of Hollister provides fire protection services under contract to the City of San Juan Bautista and the Fire Chief of the City of Hollister serves presently as the Fire Chief of the City of San Juan Bautista; and
WHEREAS, on ____________, 2023, a request was received from American Promotional Events, Inc. dba TNT Fireworks on behalf of the Anzar High School Boosters Club to sell “safe and sane” fireworks from a fireworks’ stand to be located in the parking lot of The Windmill Market at 310 The Alameda daily during the hours of 9:00 a.m. and 10:00 p.m. between the dates of June ___, 2023 and July 4, 2023; and WHEREAS, on June 29, 2021, by Resolution 2021-34A the City Council approved the delegation of authority to its private security provider to issue administrative citations for violation of the City’s fireworks laws during times of extreme heat, dry weather and extreme fire drainage; and
WHEREAS, the State of California, San Benito County and the City are in the third year of a drought and continue to experience longer wildfire seasons, extended dryness with little precipitation, and above normal temperatures which results in lower than normal fuel moisture levels and accordingly an increased potential for wildland fire activity; and WHEREAS, by Resolution 2021-34A the City Council also established a bail schedule for administrative citations issued pertaining to enforcement of Section 5-16-100 which provides for a fine of $1,000 for a first offense, $2,500 for a second offense and $5,000 for a third or subsequent offense.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN JUAN BAUTISTA AS FOLLOWS:
1. The above Recitals are true and correct.
2. The City Council hereby affirms the prohibition set forth in Section 5-16-100 of the Municipal Code on the setting off of any fireworks within the City of San Juan Bautista at all times and the bail schedule established by Resolution 2021-34A for violation of same.
3. The City Council hereby denies the request of the Anzar High School Boosters Club for a city-issued permit to allow the sale of sale of factory-packaged fireworks of the type permitted issued by the California State Fire Marshall for use by the general public fireworks in the City of San Juan Bautista at the Windmill Market, 301 The Alameda.
3. For purposes of clarity, the use of any fireworks within the City at any time, including “safe and sane” fireworks contained in factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public, may subject the user to the penalties provided by Resolution 2021-34A.
PASSED AND APPROVED this 18th day of April 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item: 10.A
City Council Meeting
April 18, 2023
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
DATE: APRIL 18, 2023
DEPARTMENT: CITY ATTORNEY
BY: ROBERT W. RATHIE, CITY ATTORNEY
TITLE: REVISITING ZONING CODE SECTION 11-04-110
REGARDING REGULATION OF LARGE-SCALE RETAIL,
FORMULA RETAIL, FORMULA RESTAURANT AND
FORMULA VISITOR ACCOMMODATIONS BUSINESSES.
DISCUSSION ITEM:
During the discussion of Item 6.C. at the City Council meeting on March 21, 2023, Council Members discussed and received comments from members of the public concerning possibly revisiting the “Formula Business Ordinance” with the goal of encouraging a bank, pharmacy or another hotel to locate in San Juan Bautista. The City Council requested that an ordinance revision be brought back at this meeting as a discussion item. The attached change to Section 11- 04-110, which like any revision to the Municipal Code would need to be adopted by ordinance, is submitted for that purpose.
This revision would establish a purpose for the regulation and describes the three types of businesses that would continue to be regulated - large-scale retail, formula retail and formula restaurant and further describes and defines the attributes of “large-scale” retail and “formula” retail and restaurant businesses. Reference to “Visitor accommodations” is deleted in the revision.
Neither the present ordinance nor the revision effect a total ban on such businesses and the findings required for a conditional use permit, required in each instance, remain essentially the same.
The proposal would exclude as formula businesses banks or credit unions, pharmacies not otherwise located within a large-scale retail business, grocery stores, and gas stations. Hotels, motels and inns are also excluded from categorization as formula businesses and each is permitted as a conditional use in the Commercial and Mixed Use Districts. Banks are a permitted use in the Commercial and Mixed Use Districts as are drug stores and grocery stores. Gas stations are conditional uses in the Commercial and Industrial Districts. “Large-scale retail business development” is defined in the Zoning Code as meaning any structure of 5,000 square feet or greater occupied by one retail establishment.
The revision also provides that in the event of any conflict with another section of the Municipal Code, Section 11-04-110 would control and that in the event an applicant challenges the www.san-juan-bautista.ca.us
designation of the business as one of the types of businesses regulated by Section 11-04-110 the burden is on the applicant to prove otherwise.
California has a well-established history with formula business restrictions at the city level. In addition to prominent “big box” store regulations, many cities of varying size across the state have enacted prohibitions against formula businesses. California courts have largely upheld these restrictions against legal challenges under the dormant commerce1 and equal protection clauses of the U.S. Constitution.
It is also a well-established legal principle that a city’s police power has broad application to protect the public health, safety and welfare of its residents which has been interpreted to include regulating formula businesses.
The attached proposed revision of Section 11-04-110 is submitted for purposes of discussion. -RWR
1 The Dormant Commerce Clause, or Negative Commerce Clause, in American constitutional law, is a legal doctrine that courts in the United States have inferred from the Commerce Clause in Article I of the US Constitution. The primary focus of the doctrine is barring state protectionism. The Dormant Commerce Clause is used to prohibit state legislation that discriminates against, or unduly burdens, interstate or international commerce.
D R A F T – APRIL 18, 2023
1 11-04-110 Large-scale retail business, formula retail or formula restaurant business. (A) The purpose of this section is to regulate the location and design of large-scale retail business, formula retail business, and formula restaurant business establishments in order to maintain the unique and historic small town visual appearance and character of the City, the diversity of the community’s unique commercial area, the quality of life for City residents, and to promote the long-term economic health of visitor-serving businesses and the community as a whole. (B) “Large-scale retail” means a commercial retail establishment for the sale of merchandise, services or a product to which either of the following apply: (i) such establishment has ground floor street-level facade exceeding twenty-five (25) linear feet on any street, or (ii) the useable area of the building or structure wherein a single business is to be located and conducted is five thousand (5,000) square feet or greater. (C) “Formula” for purposes of this section means a type of business activity which is required by contractual or other arrangement or affiliation to maintain a standardized (“formula”) array of merchandise and/or a product, menu, employee uniforms, décor, façade, design, signage, color scheme, trademark or service mark, name, or similar standardized features which cause it to be substantially identical to other businesses in the United States, regardless of ownership or location, at the time the conditional use permit application required herein is deemed complete.
(D) “Formula retail business” means a commercial retail establishment for the sale of merchandise, services and/or a product including a standard array of merchandise and/or a product and one or more of the other attributes described in subsection (C) above. (E) “Formula restaurant business” means a retail establishment primarily devoted to the on-site preparation and offering of food and beverage for sale to the public for consumption either on or off the premises and which is required by contractual other arrangement to offer any of the following:
standardized menus, ingredients, food preparation, décor, uniforms, architecture, signs or similar standardized features and which causes it to be substantially identical to other restaurants. (F) Other Definitions.
“Color scheme” means selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the façade. “Decor” means the style of interior furnishings, which may include, but is not limited to, style of furniture, wall coverings or permanent fixtures.
“Facade” means the face or front of a building, including awnings, looking onto a street or an open space. “Ground floor street-level facade” means that street level portion of a building facing a public street. “Service mark” means word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others. “Signage” means a sign pursuant to Chapter 11-10 of this title.
D R A F T – APRIL 18, 2023
2 “Standardized array of merchandise or a product” means fifty (50) percent or more of in-stock merchandise or a product are from a single distributor bearing uniform markings. “Standardized array of services” means a substantially common menu or set of services priced and performed in a consistent manner.
“Trademark” means a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others. “Uniform apparel” means standardized items of clothing including but not limited to standardized aprons, pants, shirts, smocks, dresses, hats, and pins (other than name tags) as well as standardized colors of clothing.
(G) A Conditional Use Permit shall be required for any large-scale retail business, formula retail business, or formula restaurant business in the City. Procedures for each such business’ conditional use permit application shall conform to Chapter 11-20. The following findings shall be required:
(1) The business offers merchandise, a product and/or services that serve the unmet needs of the population.
(2) Although a formula-based business may have other store locations throughout the country, State, or region, the business will complement and enhance the existing character of the City. (3) Both exterior and interior appearance and presentation of the business are compatible with the existing scale of development, distinctive architecture and pedestrian orientation of the town character and result in an enhancement of the look and feel (i.e., unique historic character) of the surrounding area.
(4) Signs shall conform to the City sign standards and design guidelines. (5) Drive-through food establishments are prohibited.
(H) Large-scale retail. formula retail business, and formula restaurant business are subject to review by the Planning Commission so therefore the business/applicant shall fill out the application requirements for a conditional use permit and any other pertinent applications as specified therein, pay fees specified, and submit plans as set forth therein.
(I) Notwithstanding any other provision of this section, the following types of businesses are not formula businesses: hotels, motels, and inns, banks or credit unions, pharmacies not otherwise located within large-scale retail businesses, grocery stores, or automobile service (i.e., gas) stations. (J) This section is in addition to, and not in replacement of, any other regulations set forth elsewhere in this title. In the event of a conflict between the provisions of this section, and any other regulations in this title, the provisions of this section shall prevail.
(K) In the event the City determines that a permit application or permit subject to this section is for a largescale retail or a formula business, the permit applicant or holder bears the burden of proving to the City that the proposed or existing use does not constitute a large-scale retail or a formula business.