San Juan Bautista City Council
July 18, 2023

City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us

CITY COUNCIL

REGULAR MEETING
TUESDAY, JULY 18, 2023, 5:00 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 Mayor Leslie Jordan from Hilton Garden Inn Shelton, 25 Old Stratford Road, Shelton, Connecticut 06484. 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.

Please note: if all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.

JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235

To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235

1. CALL TO ORDER
A. Pledge of Allegiance – Councilmember Sabathia
B. Roll Call

2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.

Receive public communications from the audience on Closed session items. The City Council will recess to closed session pursuant to:
a. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Manager.

Page | 2 City Council July 18, 2023

3. PROCLAMATION
A. National Health Center Week, August 6-12, 2023
B. Agricultural Worker Health Center Day, August 8, 2023

4. 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 a RESOLUTION Confirming the Continued Existence of Two Local Emergencies Related to Excessive Winter Storms Affecting the City of San Juan Bautista.

D. Approve a RESOLUTION Making Certain Findings and Determinations in Compliance with Section XIIB of the California Constitution (Gann Initiative).

E. Approve a RESOLUTION Awarding a Contract for the Community Hall Acoustical Upgrade Project to Pacific Sound Control in the amount of $85,500; Approve a project Contingency Fund for $8,550; Approve $15,000 for Construction and Inspection Services; and Authorize the City Manager to Approve Potential Contract Change Orders and other Construction Contingencies within said Fund.

F. Approve the Special Meeting Minutes of May 25, 2023.

G. Approve the Special Community Town Hall Meeting Minutes of June 2, 2023.

H. Approve the Special Implementation Planning Session Meeting Minutes of June 3, 2023.

I. Approve the Special Budget Meeting Minutes of June 6, 2023.

J. Approve the Special Meeting Minutes of June 13, 2023.

5. PUBLIC HEARING
A. Resolution for Approval of the Annual Levy Community Facilities District (CFD No. 2018-01 (“Copperleaf” and “Rancho Vista” Neighborhoods) Recommendation: Approve a RESOLUTION Levying the Annual Special Tax for Fiscal Year 2023/24 for Community Facilities District No. 2018-01.

6. GENERAL PUBLIC COMMENT
Public comments are generally 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 depending on the agenda schedule.

7. PRESENTATIONS
A. Fire District Feasibility Study
Receive presentation from Fire Chief Martin Del Campo on the Request for Proposals (RFP) that was released on the Fire Study.

B. July 4, 2023 Fireworks Compliance De-Briefing
Page | 3 City Council July 18, 2023

8. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees B. 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.

C. Treasurer’s Report and Monthly Financial Statements
Receive Report from City Treasurer Michelle Sabathia.

D. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update

9. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.

A. Designate League of California Cities Voting Delegate Recommendation: Approve a RESOLUTION Designating a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 20-22, 2023.

B. Accept First Annual Report of the Economic Development Citizen Advisory Committee (EDCAC) - a Standing Committee of the City Council for Business Improvement, Resiliency, and Overall Community Economic Development
Recommendation: Accept the report of the EDCAC and direct staff and the committee toward preparation of an economic development strategy for San Juan Bautista C. Approve the Amended Agreement with City of Hollister for Domestic Wastewater Treatment and Disposal
Recommendation: Approve a RESOLUTION Authorizing the Mayor to Execute the Amended Agreement for Domestic Wastewater Treatment and Disposal with the City of Hollister.

D. Approve the Purchase of Environmental Conservation Credits Related to the Decommissioning of the Wastewater Treatment Plan
Recommendation: Approve a RESOLUTION Authorizing the City Manager to Execute an Agreement for the Purchase of Conservation Credits in the amount of $468,000 to Mitigate the Unavoidable Adverse Impacts caused by Building the Sewer Force Main to Hollister, and the Decommission of the Wastewater Treatment Plant.

E. Accept the 2022-23 Pavement Management Program Project Improvements, Which Include Streets, Curb and Gutter, Sidewalk, and ADA Compliant Ramp, and Release All Retentions and Performance Bonds to McKim Construction
Recommendation: Approve a RESOLUTION accepting the 2022-23 pavement management program project improvements, which include streets, curb and gutter, sidewalk, and ADA compliant ramp, and release all retentions and performance bonds to McKim Construction and close the project.

Page | 4 City Council July 18, 2023
F. Appoint a City Attorney Ad-Hoc Selection Subcommittee Recommendation: Appoint Two (2) Councilmembers to a City Attorney Ad-Hoc Selection Committee and Approve the Selection Process Outlined in the Attached Request for Qualifications (“RFQ”).

G. Planning Commission/Historic Resources Board Vacancy Recommendation: Appoint an Ad Hoc Committee to Review Candidate Applications for Planning Commission/Historic Resources Board and make a Recommendation to the City Council.

10. DISCUSSION ITEMS
A. Accept The San Benito County Comprehensive Economic Development Strategy (CEDS); Consider Planning Commission Additional Community And Staff Recommendations B. Discuss financing options for City of San Juan Bautista Sanitary Sewer Force Main To Hollister Project
C. Revising Title 13 “Violations” by Repealing and Replacing Article 4 “Noticed Nuisance Abatement Procedure” and Article 5 “Emergency Nuisance Abatement Procedures” of Chapter 1 “Enforcement” by Adoption of an Ordinance Entitled “Alternative Public Nuisance Abatement Procedures.”
D. Revisiting Zoning Code Section 11-04-110 Regarding Regulation of Large-Scale Retail Business, Formula Retail or Formula Restaurant Business, and Formula Visitor Accommodations.

11. ADJOURNMENT
_____________________________________________
Elizabeth Soto, Deputy City Clerk

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted not later than 72-hours before regular meetings or 24-hours of special meetings, unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street San Juan Bautista, and are posted on the City website www.san-juan-bautista.ca.ussubject to Staff’s ability to post the documents before the meeting, or by emailing Deputy City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.

In compliance with the Americans with Disabilities Act, and Govt. Code 54953(a), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the Deputy City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.

If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.

Page | 5 City Council July 18, 2023
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.

PUBLIC COMMENT PROCEDURES
If you wish to make a 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.

SUBMISSION OF PUBLIC COMMENTS
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 3:00 p.m. on the day of the meeting.

Written comments will be read into the record provided that the reading does not exceed three (3) minutes.

PUBLIC NOTIFICATION
This agenda was posted on Friday, July 14, 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/.

Item #3.A
City Council Meeting
July 18, 2023
San Juan Bautista
California
~ National Health Center Week, August 6-12, 2023 ~
WHEREAS, for over 50 years, Community Health Centers have provided high-quality, affordable, comprehensive primary and preventive health care in our nation’s medically underserved communities, delivering value to, and having a significant impact on America’s health care system; and WHEREAS, As the country’s largest primary care network, Community Health Centers are the health care home for over 30 million Americans in over 14,000 communities across the nation; and WHEREAS, Community Health Centers are a critical element of the health system, serving rural, suburban, frontier, and urban populations, and often providing the only accessible and dependable source of primary care in their communities; and
WHEREAS, Community Health Centers serve as beacons of essential resources and support in the face of disasters and pandemics and will continue to respond quickly to care for America’s most vulnerable and underserved communities. Community Health Centers have administered over 22 million COVID-19 tests and over 24 million vaccines to date; and WHEREAS, Community Health Centers nationally support more than 500,000 direct and indirect jobs, including physicians, nurse practitioners, physician assistants, licensed family therapists, and certified nurse-midwives who work as part of multi-disciplinary clinical teams designed to treat the whole patient.

WHEREAS, Community Health Centers are on the front lines of emerging health care crises, providing access to care for our nation’s veterans, addressing the opioid epidemic, and responding to public health threats in the wake of natural disasters; and WHEREAS, this year’s theme: “The Roadmap to Stronger America” is to highlight the achievements and amazing work being done at Community Health Centers in every state and territory.

NOW, THEREFORE, I, Mayor Leslie Jordan, on behalf of the San Juan Bautista City Council, do hereby proclaim AUGUST 6-12, 2023, as NATIONAL HEALTH CENTER WEEK, and encourage all residents to visit their local health center and celebrate the important partnership between America’s Community Health Centers and the communities they serve.

Dated this 18th day of July 2023.
___________________________
Mayor Leslie Q. Jordan
Item #3.B
City Council Meeting
July 18, 2023
San Juan Bautista
California
~ AGRICULTURAL WORKER HEALTH DAY, AUGUST 8, 2023 ~
WHEREAS, an estimated 3 to 5 million migrant and seasonal farmworkers are employed in the nation’s multi-billion-dollar agricultural industry and whose back-breaking labor makes possible the production and harvest of many crops. Thanks goes to those who have worked at the frontlines during the COVID-19 Pandemic; and WHEREAS, agriculture ranks among the most dangerous occupations, subjecting workers to health and occupational risk, yet migrant and seasonal farmworkers, by virtue of their work and economically-disadvantaged status, confront significant barriers to accessing doctors and needed health services; and
WHEREAS, the Migrant Health Program enacted in 1962 planted the seed that has enabled communities to establish Migrant Health Centers, which today serve more than a million migrant seasonal farmworkers and their families, and WHEREAS, Migrant Health Centers have evolved into strong models of primary care practice addressing the complex needs of a vulnerable population while demonstrating the value of outreach, patient education, and linguistically and culturally competent care to promote better health and ensure healthy communities, and
WHEREAS, studies have confirmed that Migrant Health Centers deliver comprehensive, high-quality and cost-effective preventive and primary health care services in addition to lifting the barriers of health care and reducing health disparities.

NOW, THEREFORE, I Mayor Leslie Jordan, on behalf of the San Juan Bautista City Council, do hereby proclaims the 8th of August 2023, as “Agricultural Worker Health Day” in the City of San Juan Bautista.

Dated this 18th day of July 2023.
___________________________
Mayor Leslie Q. Jordan
Item: # 4.A
City Council Meeting
July 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 13th day of July 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 13th day of July 2023.
____________________________________________
Elizabeth Soto
Deputy City Clerk / Administrative Services Manager
Item # 4.B
City Council Meeting
June 13, 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
Page | 1
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

CONFIRMING THE CONTINUED EXISTENCE OF TWO LOCAL EMERGENCIES

RELATED TO EXCESSIVE WINTER STORMS AFFECTING THE CITY OF SAN

JUAN BAUTISTA
WHEREAS, the California Emergency Services Act (Cal. Gov’t. Code §§8550-8668) requires the governing body of a city to review the need for continuing a local emergency that has previously been declared at least once every 60 days; and WHEREAS, on January 12, 2023, the City Manager acting as the Director of Emergency Services (Municipal Code 5-33-030) proclaimed a state of emergency in the City of San Juan Bautista to facilitate the City’s response to excessive winter storms, which proclamation was subsequently ratified by the City Council by Resolution No. 2023-01 on January 17, 2023; and WHEREAS, on March 10, 2023, the City Manager acting as the Director of Emergency Services (Municipal Code 5-33-030) proclaimed a second state of emergency in the City of San Juan Bautista due to excessive winter storms and flooding, which proclamation was subsequently ratified by the City Council by Resolution No. 2023-17 on March 15, 2023; and WHEREAS, this Council reviewed the need for continuing the two local emergencies on March 21, 2023, reviewed the need for continuing the two local emergencies on May 16, 2023 and on June 13, 2023; and
WHEREAS, state and local public health and safety emergencies resulting from excessive winter storm activities continue pose a threat to the health and safety of residents in the City of San Juan Bautista.

NOW, THEREFORE, be it resolved by the City Council of the City of San Juan Bautista, that:

1. The City Council hereby finds and declares that both the local emergencies described in this Resolution continue to exist and shall be deemed to continue to exist until their termination is proclaimed by the City Council of the City of San Juan Bautista, California.

PASSED AND APPROVED at a duly noticed regular meeting of the City Council of the City of San Juan Bautista duly held on the 18th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item #4.D
City Council Meeting
July 18, 2023
RESOLUTION NO. 2022-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

MAKING CERTAIN FINDINGS AND DETERMINATIONS IN COMPLIANCE WITH

SECTION XIIB OF THE CALIFORNIA CONSTITUTION (GANN INITIATIVE)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA that in compliance with Section XIIB of the Constitution of the State of California, the following is hereby found and determined:

1. That the appropriation subject to limitation for the current fiscal year 2022-23 was found to be $1,354,836;

2. That during the fiscal year 2022-23 the California per capita income increased 1.0755%; and the population of San Juan Bautista increased 1.06%;

3. That the appropriation subject to limitation for fiscal year 2023-2024 is $1,438,621.

PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 18th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Leslie Q. Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item #4.E
City Council Meeting
July 18, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

STAFF REPORT
DATE: JULY 18, 2023
FROM: JERRY SANGUINETTI, CITY ENGINEER
BY: DON REYNOLDS, CITY MANAGER
TITLE: AWARD OF CONTRACT FOR THE COMMUNITY HALL

ACOUSTICAL UPGRADE PROJECT
RECOMMENDED ACTION(S):

That the City Council:

1. Adopt the attached resolution awarding the contract for the Community Hall Acoustical Upgrade Project to Pacific Sound Control, the low bidder, for an amount of $85,500.

2. Approve a project contingency fund of $8,550.

3. Approve $15,000 for construction management and inspection services, for a total budget of $109,550

4. Authorize the City Manager to approve potential contract change orders and other construction contingencies within said fund.

BACKGROUND INFORMATION:

The San Juan Bautista Community Hall, located at 10 San Jose Street, is regularly used by the San Juan Bautista community for group and organizational meetings, events, celebrations, and public meetings. It is ideal for a variety of uses because it has an open floor plan, a kitchen facility, and restrooms. However, the acoustics in the building are very poor due to the fact that all of the existing floor, wall, and ceiling surfaces are made up of hard flat materials. When occupied, attendees struggle with the very loud sound reverberation that echoes off of these surfaces.

In 2017, the City commissioned a study by Edward L. Pack Associates, Inc – a firm specializing in acoustics analysis – to evaluate the acoustical problem at the Community Hall and provide a recommendation for improving it. Their report, dated October 20, 2017, came up with the following findings and recommendations:

Item #4.E
City Council Meeting
July 18, 2023
Page | 2
• The acoustical environment of a space is typically described and controlled by the Reverberation Time (RT) or “echo”, which is a function of the sound absorption of the interior finishes.
• Hard, flat surfaces (such as those found in the Community Hall) absorb little sound and reflect the sound energy.
• The optimum RT is 1.40 seconds for the Community Hall when occupied. However, the actual measured RT is 3.51 seconds.
• Achieving the desired RT of 1.40 seconds can be achieved by installing sound absorbing panels and diffusers on the walls and ceiling of the Community Hall. Given the multifaceted use of the facility, no treatment of the floor was recommended.

DISCUSSION:

Project Description
The project scope that was the basis for the bid was generated from the Edward Pack recommendations. The walls will receive a total of 29 acoustical panels (combination of 4’x8’ and 2’x8’ in size) and 7 acoustic diffusers. The ceiling will receive 96 panels (2’x8’ in size). The panels will be mechanically fastened to the wall and ceiling surfaces and are designed to be impact resistant and meet fire code requirements.

The time for completion is estimated to be 5-6 weeks from the commencement of work. The City has set up the contract so that weekend use of the Community Hall will still be allowed during the course of construction. Midweek use, however, will not be allowed. The contractor is expected to set up a material and equipment storage unit adjacent to the facility to accommodate weekend use.

Advertising-Bid Process and Results
Bid documents and estimate were prepared by staff and a Notice to Bidders was published once in the Hollister Free Lance. Staff sent the Notice to Bidders to eight Builders Exchanges, covering Alameda County, Santa Clara County, Contra Costa County, the Peninsula area, and the San Francisco Bay Area.

One (1) bid was received and opened on June 22, 2023. The lowest responsible and responsive bidder is Pacific Sound Control, Inc. with a corporate office in Santa Ana, California. Pacific Sound Control specializes in interior acoustic improvements and their bid amount is lower than the engineer’s estimate, which is why the contract award is recommended.

Recommendations
Staff recommends that the City Council accept the bid received, and award the contract to Pacific Sound Control, Inc.

Staff further recommends awarding a construction budget that includes a 10% contingency to address potential unforeseen conditions during construction, administration, and project closeout.

Breakdown of project construction costs is as follows:

Item #4.E
City Council Meeting
July 18, 2023
Page | 3
Construction Contract $ 85,500.00
Construction Contingency $ 8,550.00
Construction Manager and Inspection Services $ 15,000.00 Total Authorized Project Budget $ 109,550.00
FISCAL IMPACT:

Ongoing maintenance and repair costs will be performed by City staff or contractors once completed.

SCHEDULE:

The following is the tentative schedule for this project. An actual schedule will be developed and confirmed with the contractor based upon completion of the required contract documents, approval of pre-submittals, and their availability. Extended lead times for structure have been accounted for in the 25 Business Day “Contract Time” identified in the project documents.

Award Construction Contract July 18, 2023
Building Permit Issued Aug 11, 2023
Begin Construction Aug 21, 2023
Construction Completion Sept 22, 2023

ATTACHMENTS

1. Resolution and Contract
Page | 1
RESOLUTION 2023 – XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

AWARDING A CONTRACT FOR THE COMMUNITY HALL ACOUSTICAL

UPGRADE
WHEREAS, the City budgeted $125,000 in CIP 21.24 for the Community Hall Acoustical Upgrade in Fiscal Year between Fiscal Year 20/21 and Fiscal Year 23/24; and WHEREAS, the estimated cost of the project was $110,000 when bids were formally solicited in May 2023; and
WHEREAS, the bidding closed June 22, 2023, and one bid was received and publicly opened as summarized in the attached bid tabulation: and WHEREAS, the City Engineer for the City of San Juan Bautista analyzed the bid results and recommends that the contract for said project be awarded to the lowest responsible bidder, Pacific Sound Control, for an amount of $85,500; and
WHEREAS, the City has $125,000 in funds budgeted in the CIP 21.24 budget, applying $50,000 from developer impact fees for Public Facilities and the additional $75,000 appropriated in the current Fiscal Year Budget from the General Fund Reserve.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista that;

1. The City Manager is hereby authorized to award a contract to the lowest responsible bidder, Pacific Sound Control, in an amount not to exceed $85,500.

2. The City Manager is hereby authorized to approve contract change orders in an amount not to exceed $8,550.

3. Appropriating $15,000 for construction manager and inspection costs for a total cost estimated to be $109,550.

PASSED AND ADOPTED at a regular meeting of the San Juan Bautista City Council on the 18th day of July, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page | 2
APPROVED:
_________________________
Leslie Q. Jordon, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk

COMMUNTY HALL ACOUSTICAL UPGRADE

PROJECT

CITY OF SAN JUAN BAUTISTA
311 Second Street
P.O. Box 1420
San Juan Bautista, CA 94045
(831) 623-4661

MEMBERS OF THE CITY COUNCIL
Leslie Q. Jordan, Mayor
John Freeman, Vice Mayor
EJ Sabathia, Jackie Morris-Lopez, Scott Freels
Don Reynolds City Manager
Robert Rathie City Attorney
Jerry Sanguinetti City Engineer

CONTRACT
This public works contract (“Contract”) is entered into by and between the City of San Juan Bautista, (“City”) and Pacific Sound Control, Inc. (“Contractor”), for work on the Community Hall Acoustical Upgrade Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On July 18, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all the following:

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment, Performance and Warranty Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Drawings and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Award;

2.12 Notice to Proceed; and

2.13 The following:
_____________________________________________________________ ________________________________________________.

List additional documents here, if any, including the document date if there are multiple versions. If there are no additional documents, write “No other documents” in the space above.

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $85,500 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the bid schedule provided as Appendix ‘C’ and the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project within Twenty-five (25) Working Days (“Working Days” for purposes of this Contract are defined as Monday through Thursday) from the Notice To Proceed Date as specified in the “Contract Time”. By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time of 25 Working Days (“Working Days” for purposes of this Contract are defined as Monday through Thursday), City will assess liquidated damages in the amount of $500 per calendar day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR.

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work under Labor Code section 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Under Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or policy or in violation of any California law, including under Government Code section 1090 et seq. and under the Political Reform Act as set forth in Government Code section 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows:

City:

Name: Don Reynolds, City Manager
Address: 311 Second Street
City/State/Zip: San Juan Bautista, CA 95045
Phone: (831) 623-4661
Email: [email protected]
Copy to: [email protected]
Contractor:

Name:

Address:

City/State/Zip:

Phone:

Attn:

Email:

Copy to:

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third-party beneficiaries to this Contract except as expressly provided in the General Conditions or Special Conditions.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Superior Court of San Benito County, and no other place.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313.
[Signatures are on the following page.]
The parties agree to this Contract as witnessed by the signatures below:

CITY: Approved as to form:
s/_______________________________ s/__________________________________ _______________________________ ______________________________ Name/Title Name/Title
Date: ___________________________ Date: _________________________ Attest:
s/_______________________________
_________________________________
Name/Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name/Title
Date: ____________________________
Second Signature (See Section 12.7):
s/_______________________________
_________________________________
Name/Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)

END OF CONTRACT

PAYMENT BOND
The City of San Juan Bautista (“City”) and ________________________ (“Contractor”) have entered into a contract, dated _________________, 2023 (“Contract”) for work on the Community Hall Acoustical Upgrade Project (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).

1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code sections 9550, et seq.

2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code section 13020 with respect to the work and labor, then Surety will pay the obligation.

3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.

4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect. +5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract.

Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________
Email: ________________________________________________

6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of the County in which the Project is located, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on ________, 2023. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY:
_________________________________________________________________ Business Name
s/ ________________________________________________
__________________________________________________
Name/Title
(Acknowledgment with Surety’s Notary Seal and Surety’s Power of Attorney must be attached.)
CONTRACTOR: ________________________________________________________ Business Name
s/ _______________________________________________
_________________________________________________
Name/Title
s/ _______________________________________________
_________________________________________________
Name/Title
APPROVED BY CITY:
s/ _______________________________________________
_________________________________________________
Name/Title

END OF PAYMENT BOND

PERFORMANCE BOND
The City of San Juan Bautista (“City”) and __________________________ (“Contractor”) have entered into a contract, dated ________________, 2023 (“Contract”) for work on the Community Hall Acoustical Upgrade Project (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).

1. General. Under this Bond, Contractor as Principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________. By executing this Bond, Contractor and Surety bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, to the provisions of this Bond.

2. Surety’s Obligations. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract, Surety’s obligations under this Bond will become null and void upon City’s acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise, Surety’s obligations will remain in full force and effect until expiration of the one-year warranty period under the Contract.

3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845.

4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.

5. Contractor Default. Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:

5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;

5.2 Arrange for completion of the Work under the Contract by a contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or

5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.

6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.

7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:

Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________
Email: ________________________________________________

8. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for the County in which the Project is located, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 2023. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY: ___________________________________________________ Business Name
s/ __________________________________________________________ ____________________________________________________________ Name/Title
(Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.)
CONTRACTOR: _____________________________________________ Business Name
s/ __________________________________________________________ ____________________________________________________________ Name/Title
s/ __________________________________________________________ ____________________________________________________________ Name/Title
APPROVED BY CITY:
s/ __________________________________________________________ ____________________________________________________________ Name/Title

END OF PERFORMANCE BOND

WARRANTY BOND
The City of San Juan Bautista (“City”) and ____________________________ (“Contractor”) entered into a contract, dated _________________, 2023 (“Contract”) for work on the Community Hall Acoustical Upgrade Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).

1. General. Under this Warranty Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.

2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).

3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to make such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.

4. Waiver. Surety waives the provisions of Civil Code sections 2819 and 2845.

5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:

Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________

6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for the County in which the Project is located, and no other place.

Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.

7. Effective Date; Execution. This Bond is entered into and is effective on __________, 2022. Three identical counterparts of this Bond, each of which is deemed an original for all purposes, are hereby executed and submitted.

SURETY: ___________________________________________________ Business Name
s/ __________________________________________________________ ____________________________________________________________ Name/Title
(Acknowledgment with Notary Seal for Surety and Surety’s Power of Attorney must be attached.) CONTRACTOR: _____________________________________________ Business Name
s/ __________________________________________________________ ____________________________________________________________ Name/Title
s/ __________________________________________________________ ____________________________________________________________ Name/Title
APPROVED BY CITY:
s/ __________________________________________________________ ____________________________________________________________ Name/Title

GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Definitions. The following definitions apply to all of the Contract Documents unless otherwise indicated.

Defined terms and titles of documents are capitalized in the Contract Documents, with the exception of the following (in any tense or form): “day,” “furnish,” “including,” “install,” “workday” or “working day.” Allowance means a specific amount that must be included in the Bid Proposal for a specified purpose.

Article, as used in these General Conditions, means a numbered Article of the General Conditions, unless otherwise indicated by the context.

Change Order means a written document duly approved and executed by City, which changes the scope of Work, the Contract Price, or the Contract Time.

City means the municipality which has entered into the Contract with Contractor for performance of the Work, acting through its City Council, officers, employees, City Engineer, and any other authorized representatives.

City Engineer means the City Engineer for City and his/her authorized delegee(s).

Claim means a separate demand by Contractor for a change in the Contract Time or Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected by City, in whole or in part; or a written demand by Contractor objecting to the amount of Final Payment.

Contract means the signed agreement between City and Contractor.

Contract Documents means, collectively, all of the documents listed as such in Section 2 of the Contract, including the Notice Inviting Bids; the Instructions to Bidders; addenda, if any; the Bid Proposal, and attachments thereto; the Contract; the Notice of Award and Notice to Proceed; the payment, performance and warranty bonds; the General Conditions; the Special Conditions; the Project Drawings and Specifications; any Change Orders; and any other documents expressly made part of the Contract Documents.

Contract Price means the total compensation to be paid to Contractor for performance of the Work, as set forth in the Contract and as amended by Change Order or adjusted for an Allowance. The Contract Price is not subject to adjustment due to inflation or due to the increased cost of labor, material, supplies or equipment following submission of the Bid Proposal.

Contract Time means the time specified for complete performance of the Work, as set forth in the Contract and as may be amended by Change Order.

Contractor means the individual, partnership, corporation, or joint-venture that has signed the Contract with City to perform the Work.

Day means a calendar day unless otherwise specified.

Design Professional means the licensed individual(s) or firm(s) retained by City to provide architectural or engineering services for the Project. If no Design Professional has been retained for this Project, any reference to Design Professional is deemed to refer to the Engineer.

DIR means the California Department of Industrial Relations.

Drawings means the City-provided plans and graphical depictions of the Project requirements and does not include Shop Drawings.

Engineer means the City Engineer for the City of San Juan Bautista and his or her authorized delegate Extra Work means new or unforeseen work added to the Project, as determined by the Engineer in his or her sole discretion, including Work that was not part of or incidental to the scope of the Work when the Contractor’s bid was submitted; Work that is substantially different from the Work as described in the Contract Documents at bid time; or Work that results from a substantially differing and unforeseeable condition.

Final Completion means Contractor has fully completed all of the Work required by the Contract Documents to the City’s satisfaction, including all punch list items and any required commissioning or training, and has provided the City with all required submittals, including the warranty bond, instructions and manuals, product warranties, and as-built drawings.

Final Payment means payment to Contractor of the unpaid Contract Price, including release of undisputed retention, less amounts withheld pursuant to the Contract Documents, including liquidated damages, up to 125% of the amount of any unreleased stop notice, amounts subject to setoff, up to 150% of any unresolved third-party claim for which Contractor is required to indemnify City, and up to 150% of any amount in dispute as authorized by Public Contract Code section 7107.

Furnish means to purchase and deliver for the Project.

Hazardous Materials means any substance or material identified now or in the future as hazardous under any federal, state, or local law or regulation, or any other substance or material that may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal, or cleanup.

Including, whether or not capitalized, means “including, but not limited to,” unless the context clearly requires otherwise.

Inspector means the individual(s) or firm(s) retained or employed by City to inspect the workmanship, materials, and manner of construction of the Project and its components to ensure compliance with the Contract Documents and all applicable codes, regulations, and permits.

Install means to fix in place for materials, and to fix in place and connect for equipment.

Plans has the same meaning as Drawings.

Project means the public works project referenced in the Contract.

Project Manager means the individual designated by City to oversee and manage the Project on City’s behalf and may include his or her authorized delegee(s) when the Project Manager is unavailable. If no Project Manager has been designated for this Project, any reference to Project Manager is deemed to refer to the City Engineer.

Request for Information or RFI means Contractor’s written request for information submitted to City, in the manner and format specified by City, about the Contract Documents, the Work or the Project.

Revocable means the possibility of being revoked at any time, including before, during, or after bid opening and awarded at the sole discretion of the City. The City shall retain the right to decrease or increase the amount of a contract item of work or eliminate in its entirety via a Change Order. (Refer to Note on Page 14 under Bid Schedule)
Section, as used in these General Conditions, means a numbered Section of the General Conditions, unless otherwise indicated by the context, e.g., statutory references.

Shop Drawings means drawings, plan details or other graphical depictions prepared by or on behalf of Contractor, and subject to City acceptance, which are intended to provide details for fabrication, installation, and the like, of items required by or shown in the Drawings and Specifications.

Specialty Work means Work that must be performed by a specialized Subcontractor with the specified license or other special certification, and not by the Contractor.

Specifications means the technical, text specifications describing the Project requirements, which are prepared for and incorporated into this Project by or on behalf of City, and does not include the Contract, General Conditions or Special Conditions.

Subcontractor means an individual, partnership, corporation, or joint-venture retained by Contractor directly or indirectly through a subcontract to perform a specific portion of the Work. The term Subcontractor applies to subcontractors, suppliers, fabricators, and equipment lessors of all tiers, unless otherwise indicated by the context.

Technical Specifications means Specifications.

Work means all of the construction and services necessary for or incidental to completing the Project in conformance with the requirements of the Contract Documents.

Work Day or Working Day, whether or not capitalized, means a weekday Monday through Thursday when the City is open for business, and does not include holidays observed by the City.

Worksite means the place or places where the Work is performed, which includes, but may extend beyond the Project site, including separate locations for staging or fabrication.

ARTICLE 2 - ROLES AND RESPONSIBILITIES

2.1 City
(A) City Council. The City Council has final authority in all matters affecting the Project, except to the extent it has delegated authority to the City Manager and City Engineer. (B) Engineer or City Engineer. The Engineer (City Engineer), acting within the authority conferred by the City Council, is responsible for administration of the Project on behalf of City, including authority to provide directions to the Design Professional and to Contractor to ensure proper and timely completion of the Project. The Engineer’s decisions are final and conclusive within the scope of his or her authority, including interpretation of the Contract Documents. (C) Design Professional. The Design Professional is responsible for the overall design of the Project and, to the extent authorized by City, may act on City’s behalf to ensure performance of the Work in compliance with the Contract Documents. The Design Professional’s interpretation of the Drawings or Specifications is final and conclusive.

2.2 Contractor
(A) General. Contractor must provide all labor, materials, supplies equipment and services and incidentals necessary to perform and timely complete the Work in strict accordance with the Contract Documents, and in an economic and efficient manner in the best interests of City, and with minimal inconvenience to the public.
(B) Responsibility for the Work and Risk of Loss. Contractor is responsible for supervising and directing all aspects of the Work to facilitate the efficient and timely completion of the Work. Contractor is solely responsible for and required to exercise full control over the Work, including the construction means, methods, techniques, sequences, procedures, and coordination of all portions of the Work with that of all other contractors and Subcontractors, except to the extent that the Contract Documents provide other specific instructions. Contractor’s responsibilities extend to any plan, method or sequence suggested, but not required by City or specified in the Contract Documents. From the date of commencement of the Work until either the date on which City formally accepts the Project or the effective date of termination of the Contract, whichever is later, Contractor bears all risks of injury or damage to the Work and the materials and equipment delivered to the Worksite, by any cause including fire, earthquake, wind, weather, vandalism or theft.
(C) Project Administration. Contractor must provide sufficient and competent administration, staff, and skilled workforce necessary to perform and timely complete the Work in accordance with the Contract Documents. Before starting the Work, Contractor must designate in writing and provide complete contact information, including telephone numbers and email address, for the officer or employee in Contractor’s organization who is to serve as Contractor’s primary representative for the Project, and who has authority to act on Contractor’s behalf. A Subcontractor may not serve as Contractor’s primary representative.
(D) On-Site Superintendent. Contractor must, at all times during performance of the Work, provide a qualified and competent superintendent acceptable to City, and assistants as necessary, who must be physically present at the Project site while any aspect of the Work is being performed. City’s approval of the superintendent is required before the Work commences. If City is not satisfied with the superintendent’s performance, City may request a qualified replacement of the superintendent. Failure to comply may result in temporary suspension of the Work, at Contractor’s sole expense and with no extension of Contract Time, until the approved superintendent is physically present to supervise the Work. Contractor must provide written notice to City, as soon as practicable, before replacing the superintendent.
(E) Standards; Compliance. Contractor must, at all times, ensure that the Work is performed in an efficient, skillful manner following best practices and in full compliance with the Contract Documents and all applicable laws, regulations, codes, standards, and permits, including City’s municipal code, rules, and regulations, and any orders of the administrative or judicial bodies with jurisdiction over the Work
(F) Meetings. Contractor, its project manager and superintendent and the Subcontractors requested by City, must attend a Pre-Construction Conference, if requested by City, as well as weekly Project progress meetings with City that City will schedule.
(G) Responsible Party. Contractor is solely responsible to City for the acts or omissions of any Subcontractors, or any other party or parties performing portions of the Work or providing equipment, materials or services for or on behalf of Contractor or the Subcontractors. Upon City’s written request, Contractor must promptly and permanently remove from the Project, at no cost to City, any employee or Subcontractor or employee of a Subcontractor who the Engineer has determined to be incompetent, intemperate or disorderly, or who has failed or refused to perform the Work as required under the Contract Documents.
(H) Correction of Defects. Contractor must promptly correct, at Contractor’s sole expense, any Work that is determined by City to be deficient or defective in any way, including workmanship, materials, parts or equipment. Workmanship, materials, parts or equipment that do not conform to the requirements under the Drawings, Specifications and every other Contract Document, as determined by City, will be considered defective and subject to rejection. Contractor must also promptly correct, at Contractor’s sole expense, any Work performed beyond the lines and grades shown on the Plans or established by City, and any Extra Work performed without City’s prior written approval. However, City may elect to retain defective Work, and deduct the difference in value, as determined by the Engineer, from payments otherwise due to Contractor.
(I) Contractor’s Records. Contractor must maintain all of its records relating to the Project in any form, including paper documents, photos, videos and electronic records. Project records subject to this provision include, but are not limited to, Project cost records and records relating to preparation of Contractor’s bid.
(1) Contractor’s cost records must include all supporting documentation, including original receipts, invoices, and payroll records, evidencing its direct costs to perform the Work, including, but not limited to, costs for labor, materials and equipment. Each cost record should include, at a minimum, a description of the expenditure with references to the applicable requirements of the Contract Documents, the amount actually paid, the date of payment, and whether the expenditure is part of the original Contract Price, related to an executed Change Order, or otherwise categorized by Contractor as Extra Work. Contractor’s failure to comply with this provision as to any claimed cost operates as a waiver of any rights to recover the claimed cost.
(2) Contractor must continue to maintain its Project records in an organized manner for a period of four years after City’s acceptance of the Project or following Contract termination, whichever occurs first. Subject to prior notice to Contractor, City is entitled to inspect or audit any of Contractor’s Project records relating to the Project or to investigate Contractor’s plant or equipment during Contractor’s normal business hours.
(J) Copies of Project Documents. Contractor and its Subcontractors must keep copies, at the Project site, of the Work-related documents, including the Contract, permit(s), Drawings, Specifications, Addenda, Contract amendments, Change Orders, RFIs and RFI responses, Shop Drawings, and any related written interpretations. The Contract Documents, as-built drawings, and all Worksite copies must be available to City for reference at all times.

2.3 Subcontractors
(A) General. All Work which is not performed by Contractor with its own forces must be performed by Subcontractors. City reserves the right to approve or reject any and all Subcontractors proposed to perform the Work, for reasons including the subcontractor’s poor reputation, lack of relevant experience, financial instability, and lack of technical ability or adequately trained workforce. Each Subcontractor must obtain a City business license before performing any Work. (B) Contractual Obligations. Contractor must require every Subcontractor to be bound to the provisions of the Contract Documents as they apply to the Subcontractor’s portion(s) of the Work, and to likewise bind their subcontractors or suppliers. Nothing in these Contract Documents creates a contractual relationship between a Subcontractor and City, but City is deemed to be a third-party beneficiary of the contract between Contractor and each Subcontractor. (C) Termination. If the Contract is terminated, each Subcontractor’s agreement must be assigned by Contractor to City, subject to the prior rights of any surety, but only if City accepts the assignment by written notification, and assumes all rights and obligations of Contractor pursuant to each such subcontract agreement.
(D) Substitution of Subcontractor. If Contractor requests substitution of a listed Subcontractor under Public Contract Code section 4107, Contractor is solely responsible for all costs City incurs in responding to the request, including legal fees and costs to conduct a hearing.

2.4 Coordination of Work
(A) Concurrent Work. City reserves the right to perform or to have performed other work on or adjacent to the Project site while the Work is being performed. Contractor is responsible for coordinating its Work with other work being performed on or adjacent to the Project site, including by any utility companies or agencies, and must avoid hindering, delaying, or interfering with the work of other contractors and subcontractors. To the full extent permitted by law, Contractor must hold harmless and indemnify City against any and all claims arising from or related to Contractor’s avoidable, negligent, or willful hindrance of, delay to, or interference with the work of any utility company or agency or another contractor or subcontractor.
(B) Defects. Before proceeding with any portion of the Work affected by the construction or operations of others, Contractor must give the Project Manager prompt written notification of any defects Contractor discovers which will prevent the proper execution of the Work. Failure to give notice of any known defects will be deemed acknowledgement by Contractor that the work of others is not defective and will not prevent the proper execution of the Work.

2.5 Submittals. Unless otherwise specified, Contractor must submit to the Engineer for review and acceptance all schedules, Shop Drawings, samples, product data and similar submittals required by the Contract Documents, or upon request by the Engineer. Unless otherwise specified, all submittals, including Requests for Information, are subject to the general provisions of this Section, as well as specific submittal requirements that may be included elsewhere in the Contract Documents. (A) General. Contractor is responsible for ensuring that its submittals are accurate and conform to the Contract Documents.
(B) Time and Manner of Submission. Contractor must ensure that its submittals are prepared and delivered in a manner consistent with the current City-accepted schedule for the Work and within the applicable time specified in the Contract Documents, or if no time is specified, in such time and sequence so as not to delay the performance of the Work or completion of the Project. (C) Required Contents. Each submittal must include the Project name and contract number, Contractor’s name and address, the name and address of any Subcontractor or supplier involved with the submittal, the date, and references to applicable Specification section(s) and/or drawing and detail number(s).
(D) Required Corrections. If corrections are required, Contractor must promptly make and submit any required corrections as specified in full conformance with the requirements of this Section, or other requirements that apply to that submittal.
(E) Effect of Review and Acceptance. Review and acceptance of a submittal by City will not relieve Contractor from complying with the requirements of the Contract Documents. Contractor is responsible for any errors in any submittal, and review or acceptance of a submittal by City is not an assumption of risk or liability by City.
(F) Enforcement. Any Work performed or any material furnished, installed, fabricated or used without City’s prior acceptance of a required submittal is performed or provided at Contractor’s risk, and Contractor may be required to bear the costs incident thereto, including the cost of removing and replacing such Work, repairs to other affected portions of the Work or material, and the cost of additional time or services required of City, including costs for the Design Professional, Project Manager, or Inspector.
(G) Excessive RFIs. A RFI will be considered excessive or unnecessary if City determines that, the explanation or response to the RFI is clearly and unambiguously discernable from the Contract Documents. City’s costs to review and respond to excessive or unnecessary RFIs may be deducted from payments otherwise due to Contractor.

2.6 Shop Drawings. When Shop Drawings are required by the Specifications or requested by the Engineer, they must be prepared according to best practices at Contractor’s expense. The Shop Drawings must be of a size and scale to clearly show all necessary details. Unless otherwise specified by City, Shop Drawings must be provided to the Engineer for review and acceptance at least 30 days before the Work will be performed. If City requires changes, the corrected Shop Drawings must be resubmitted to the Engineer for review within the time specified by the Engineer. For all Project components requiring Shop Drawings, Contractor will not furnish materials or perform any Work until the Shop Drawings for those components are accepted by City. Contractor is responsible for any errors or omissions in the Shop Drawings, shop fits and field corrections; any deviations from the Contract Documents; and for the results obtained by the use of Shop Drawings. Acceptance of Shop Drawings by City does not relieve Contractor of Contractor’s responsibility.

ARTICLE 3 - CONTRACT DOCUMENTS

3.1 Interpretation of Contract Documents.
(A) Drawings and Specifications. The Drawings and Specifications included in the Contract Documents are complementary and approximate. If Work is shown on one but not on the other, Contractor must perform the Work as though fully described on both, consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. The Drawings and Specifications are deemed to include and require everything necessary and reasonably incidental to completion of the Work, whether or not particularly mentioned or shown. Contractor must perform all Work and services and supply all things reasonably related to and inferable from the Contract Documents. In the event of a conflict between the Drawings and Specifications, the Specifications will control. Detailed Drawings take precedence over general Drawings, and large scale Drawings take precedence over smaller scale Drawings. Any arrangement or division of the Drawings and Specifications into sections is for convenience and is not intended to limit the Work required by separate trades. A conclusion presented in the Drawings or Specifications is only a recommendation.

Actual locations and depths must be determined by Contractor’s field investigation. Contractor may request access to underlying or background information in City’s possession that is necessary for Contractor to form its own conclusions.
(B) Duty to Notify and Seek Direction. If Contractor becomes aware of a changed condition in the Project, or of any ambiguity, conflict, inconsistency, discrepancy, omission, or error in the Contract Documents, including under the Drawings or Specifications, Contractor must immediately submit a Request for Information to the Engineer and wait for a response from City before proceeding further with the related Work. The RFI must notify City of the issue and request clarification, interpretation or direction. The Engineer’s clarification, interpretation or direction will be final and binding on Contractor. If Contractor proceeds with the related Work before obtaining City’s response, Contractor will be responsible for any resulting costs, including the cost of correcting any incorrect or defective Work that results. City will not extend the Contract Time due to Contractor’s failure to submit a timely RFI to the Engineer.
(C) Figures and Dimensions. Figures control over scaled dimensions. (D) Technical or Trade Terms. Any terms that have well-known technical or trade meanings will be interpreted in accordance with those meanings, unless otherwise specifically defined in the Contract Documents.
(E) Measurements. Contractor must verify all relevant measurements at the Worksite before ordering any material or performing any Work, and will be responsible for the correctness of those measurements.

3.2 Order of Precedence. Information included in one Contract Document but not in another will not be considered a conflict or inconsistency. Unless otherwise specified in the Special Conditions, in case of any conflict or inconsistency among the Contract Documents, the following order of precedence will apply, beginning from highest to lowest:
(A) Change Orders;
(B) Addenda;
(C) Contract;
(D) Notice to Proceed;
(E) Notice of Award;
(F) Special Provisions;
(G) General Conditions;
(H) Payment, Performance and Warranty Bonds;
(I) Specifications;
(J) Drawings;
(K) Contractor’s Bid Proposal and attachments;
(L) Notice Inviting Bids;
(M) Instructions to Bidders;
(N) the City’s standard specifications, as applicable; and (O) Any documents prepared by and on behalf of a third party, that were not prepared specifically for this Project, such as the Caltrans Standard Specifications or Caltrans Special Provisions.

3.3 Caltrans Standard Specifications. Any reference to or incorporation of the Standard Specifications of the State of California, Department of Transportation (“Caltrans”), including “Standard Specifications,” “Caltrans Specifications,” “State Specifications,” or “CSS,” means the most current edition of Caltrans’ Standard Specifications, unless otherwise specified (“Caltrans Standard Specifications”), including the most current amendments as of the date that Contractor’s bid was submitted for this Project. The following provisions apply to use of or reference to the Caltrans Standard Specifications or Special Provisions:
(A) Limitations. The “General Provisions” of the Caltrans Standard Specifications, i.e., sections 1 through 9, do not apply to these Contract Documents with the exception of any specific provisions, if any, which are expressly stated to apply to these Contract Documents. (B) Conflicts or Inconsistencies. If there is a conflict or inconsistency between any provision in the Caltrans Standard Specifications or Special Provisions and a provision of these Contract Documents, as determined by City, the provision in the Contract Documents will govern. (C) Meanings. Terms used in the Caltrans Standard Specifications or Special Provisions are to be interpreted as follows:
(1) Any reference to the “Engineer” is deemed to mean the City Engineer. (2) Any reference to the “Special Provisions” is deemed to mean the Special Conditions, unless the Caltrans Special Provisions are expressly included in the Contract Documents listed in Section 2 of the Contract.
(3) Any reference to the “Department” or “State” is deemed to mean City.

3.4 For Reference Only. Contractor is responsible for the careful review of any document, study, or report provided by City or appended to the Contract Documents solely for informational purposes and identified as “For Reference Only.” Nothing in any document, study, or report so appended and identified is intended to supplement, alter, or void any provision of the Contract Documents. Contractor is advised that City or its representatives may be guided by information or recommendations included in such reference documents, particularly when making determinations as to the acceptability of proposed materials, methods, or changes in the Work. Any record drawings or similar final or accepted drawings or maps that are not part of the Contract Documents are deemed to be For Reference Only. The provisions of the Contract Documents are not modified by any perceived or actual conflict with provisions in any document that is provided For Reference Only.

3.5 Current Versions. Unless otherwise specified by City, any reference to standard specifications, technical specifications, or any City or state codes or regulations means the latest specification, code or regulation in effect at the time the Contract is signed.

3.6 Conformed Copies. If City prepares a conformed set of the Contract Documents following award of the Contract, it will provide Contractor with two hard copy (paper) sets and one copy of the electronic file in PDF format. It is Contractor’s responsibility to ensure that all Subcontractors, including fabricators, are provided with the conformed set of the Contract Documents at Contractor’s sole expense.

ARTICLE 4 - BONDS, INDEMNITY, AND INSURANCE

4.1 Payment and Performance Bonds. Within ten days following issuance of the Notice of Award, Contractor is required to provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included with the Contract Documents. (A) Surety. Each bond must be issued by a surety admitted in California. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City. If Contractor fails to substitute an acceptable surety within the specified time, City may, at its sole discretion, withhold payment from Contractor until the surety is replaced to City’s satisfaction, or terminate the Contract for default. (B) Supplemental Bonds for Increase in Contract Price. If the Contract Price increases during construction by five percent or more over the original Contract Price, Contractor must provide supplemental or replacement bonds within ten days of written notice from City pursuant to this Section, covering 100% of the increased Contract Price and using the bond forms included with the Contract Documents.

4.2 Indemnity. To the fullest extent permitted by law, Contractor must indemnify, defend, and hold harmless City, its Council, officers, officials, employees, agents, volunteers and consultants (individually, an “Indemnitee,” and collectively the “Indemnitees”) from and against any and all liability, loss, damage, claims, causes of action, demands, charges, costs and expenses (including, without limitation, attorney fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or agents, in bidding or performing the Work or in failing to comply with any obligation of Contractor under the Contract, except such Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. This indemnity requirement applies to any Liability arising from alleged defects in the content or manner of submission of Contractor’s bid for the Contract. Contractor’s failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon receipt of any third-party claim relating to the Contract, as required by Public Contract Code section 9201. Contractor’s indemnity obligations under this Contract will survive the expiration or any early termination of the Contract.

4.3 Insurance. No later than ten days following issuance of the Notice of Award, Contractor must procure and provide proof of the insurance coverage required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Contractor and its Subcontractors relating to or arising from the performance of the Work, and must remain in full force and effect at all times during the period covered by the Contract, through the date of City’s acceptance of the Project. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Contractor fails to provide any of the required coverage in full compliance with the requirements of the Contract Documents, City may, at its sole discretion, purchase such coverage at Contractor’s expense and deduct the cost from payments due to Contractor, or terminate the Contract for default. The procurement of the required insurance will not be construed to limit Contractor’s liability under this Contract or to fulfill Contractor’s indemnification obligations under this Contract.
(A) Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in the Special Conditions:
(1) Commercial General Liability (“CGL”) Insurance: The CGL insurance policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor’s or its Subcontractor’s acts or omissions in the performance of the Work, including contractor’s protected coverage, blanket contractual, products and completed operations, broad form property damage, vehicle coverage and employer’s non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and at least $4,000,000 general aggregate. The CGL insurance coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Section.
(2) Automobile Liability Insurance: The automobile liability insurance policy must provide coverage of at least $2,000,000 combined single-limit per accident for bodily injury, death or property damage.
(3) Workers’ Compensation Insurance and Employer’s Liability: The workers’ compensation and employer’s liability insurance policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. (4) Pollution Liability Insurance: The pollution liability insurance policy must be issued on an occurrence basis, for all loss arising out of claims for bodily injury, death, property damage, or environmental damage caused by pollution conditions resulting from the Work. (5) Builder’s Risk Insurance: The builder’s risk insurance policy must be issued on an occurrence basis, for all-risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (B) Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies will not be reduced, cancelled or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case ten days written notice must be made to City.
(C) Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier will waive any right of subrogation it may have against City. (D) Required Endorsements. The CGL policy, automobile liability policy, pollution liability policy, and builder’s risk policy must include the following specific endorsements:
(1) The City, including its Council, officials, officers, employees, agents, volunteers and consultants (collectively, “Additional Insured”) must be named as an additional insured for all liability arising out of the operations by or on behalf of the named insured, and the policy must protect the Additional Insured against any and all liability for personal injury, death or property damage or destruction arising directly or indirectly in the performance of the Contract. The additional insured endorsement must be provided using ISO form CG 20 10 11 85 or an equivalent form approved by the City.
(2) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured.
(3) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss.
(4) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support.
(E) Subcontractors. Contractor must ensure that each Subcontractor is required to maintain the same insurance coverage required under this Section 4.3, with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation.

Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.
(F) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions that apply to the required insurance (collectively, “deductibles”) in excess of $100,000 are subject to approval by City, acting in its sole discretion, and must be declared by Contractor when it submits its certificates of insurance and endorsements pursuant to this Section 4.3. If City determines that the deductibles are unacceptably high, at City’s option, Contractor must either reduce or eliminate the deductibles as they apply to City and all required Additional Insured; or must provide a financial guarantee, to City’s satisfaction, guaranteeing payment of losses and related investigation, claim administration, and legal expenses.

4.4 Warranty Bond. As a condition precedent to Final Completion, Contractor must submit a warranty bond, using the form included with the Contract Documents, to guarantee its Work as specified in Article 11, Completion and Warranty Procedures. The warranty bond must be issued by a surety admitted in California for 15% of the final Contract Price or as otherwise specified in the Contract Documents. If an issuing surety cancels the bond or becomes insolvent, within seven days following written notice from City, Contractor must substitute a surety acceptable to City.

ARTICLE 5 - CONTRACT TIME

5.1 Time is of the Essence. Time is of the essence in Contractor’s performance and completion of the Work, and Contractor must diligently prosecute the Work and complete it within the Contract Time. (A) General. Contractor must commence the Work on the date indicated in the Notice to Proceed and must fully complete the Work in strict compliance with all requirements of the Contract Documents and within the Contract Time. Contractor may not begin performing the Work on the Project site before the date specified in the Notice to Proceed.
(B) Authorization. Contractor is not entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed, with the exception of any schedules, submittals, or other requirements, if any, that must be provided or performed before issuance of the Notice to Proceed. (C) Rate of Progress. Contractor and its Subcontractors must, at all times, provide workers, materials, and equipment sufficient to maintain the rate of progress necessary to ensure full completion of the Work within the Contract Time. If City determines that Contractor is failing to prosecute the Work at a sufficient rate of progress, City may, in its sole discretion, direct Contractor to provide additional workers, materials, or equipment, or to work additional hours or days without additional cost to City, in order to achieve a rate of progress satisfactory to City. If Contractor fails to comply with City’s directive in this regard, City may, at Contractor’s expense, separately contract for additional workers, materials, or equipment or use City’s own forces to achieve the necessary rate of progress.

Alternatively, City may terminate the Contract based on Contractor’s default.

5.2 Schedule Requirements. Contractor must prepare all schedules using standard scheduling software acceptable to the Engineer, and must provide the schedules in electronic and paper form as requested by the Engineer. In addition to the general scheduling requirements set forth below, Contractor must also comply with any scheduling requirements included in the Special Conditions or in the Technical Specifications.
(A) Baseline (As-Planned) Schedule. Within ten calendar days following City’s issuance of the Notice of Award (or as otherwise specified in the Special Conditions), Contractor must submit to City for review and acceptance a baseline (as-planned) schedule using critical path methodology showing in detail how Contractor plans to perform and fully complete the Work within the Contract Time, including labor, equipment, materials and fabricated items. The baseline schedule must show the order of the major items of Work and the dates of start and completion of each item, including when the materials and equipment will be procured. The schedule must also include the work of all trades, reflecting anticipated labor or crew hours and equipment loading for the construction activities, and must be sufficiently comprehensive and detailed to enable progress to be monitored on a day-by-day basis. For each activity, the baseline schedule must be dated, provided in the format specified in the Contract Documents or as required by City, and must include, at a minimum, a description of the activity, the start and completion dates of the activity, and the duration of the activity. (1) Specialized Materials Ordering. Within five calendar days following issuance of the Notice to Proceed, Contractor must order any specialized material or equipment for the Work that is not readily available from material suppliers. Contractor must also retain documentation of the purchase orders date(s).
(B) City’s Review of Schedules. City will review and may note exceptions to the baseline schedule, and to the progress schedules submitted as required below, to assure completion of the Work within the Contract Time. Contractor is solely responsible for resolving any exceptions noted in a schedule and must, within seven days, correct the schedule to address them. (C) Progress Schedules. After City accepts the final baseline schedule with no exceptions, Contractor must submit an updated progress schedule and three-week look-ahead schedule, in the format specified by City, for review and acceptance with each application for a progress payment, or when otherwise specified by City, until completion of the Work. The updated progress schedule must: show how the actual progress of the Work as constructed to date compares to the baseline schedule; reflect any proposed changes in the construction schedule or method of operations, including to achieve Project milestones within the Contract Time; and identify any actual or potential impacts to the critical path.

Contractor must also submit periodic reports to City of any changes in the projected material or equipment delivery dates for the Project.
(1) Float. The progress schedule must show early and late completion dates for each task. The number of days between those dates will be designated as the “float.” Any float belongs to the Project and may be allocated by the Engineer to best serve timely completion of the Project. (2) Failure to Submit Schedule. Reliable, up-to-date schedules are essential to efficient and costeffective administration of the Project and timely completion. If Contractor fails to submit a schedule within the time periods specified in this Section, or submits a schedule to which City has noted exceptions that are not corrected, City may withhold up to ten percent from payment(s) otherwise due to Contractor until the exceptions are resolved, the schedule is corrected and resubmitted, and City has accepted the schedule. In addition, Contractor’s failure to comply with the schedule requirements in this Section 5.2 will be deemed a waiver of any claims for Excusable Delay or loss of productivity arising when Contractor is out of compliance, subject only to the limits of Public Contract Code section 7102. (D) Recovery Schedule. If City determines that the Work is more than one week behind schedule, within seven days following written notice of such determination, Contractor must submit a recovery schedule, showing how Contractor intends to perform and complete the Work within the Contract Time, based on actual progress to date.
(E) Effect of Acceptance. Contractor and its Subcontractors must perform the Work in accordance with the most current City-accepted schedule unless otherwise directed by City. City’s acceptance of a schedule does not operate to extend the time for completion of the Work or any component of the Work, and will not affect City’s right to assess liquidated damages for Contractor’s unexcused delay in completing the Work within the Contract Time.
(F) Posting. Contractor must at all times maintain a copy of the most current City-accepted progress or recovery schedule posted prominently in its on-site office. (G) Reservation of Rights. City reserves the right to direct the sequence in which the Work must be performed or to make changes in the sequence of the Work in order to facilitate the performance of work by City or others, or to facilitate City’s use of its property. The Contract Time or Contract Price may be adjusted to the extent such changes in sequence actually increase or decrease Contractor’s time or cost to perform the Work.
(H) Authorized Working Days and Times. For purposes of this Contract the Contractor is limited to working Monday through Thursday, excluding holidays, during City’s normal business hours, except as provided in the Special Conditions or as authorized in writing by City. City reserves the right to charge Contractor for additional costs incurred by City due to Work performed on days or during hours not expressly authorized in the Contract Documents, including reimbursement of costs incurred for inspection, testing, and construction management services.

5.3 Delay and Extensions of Contract Time.
(A) Notice of Delay. If Contractor becomes aware of any actual or potential delay affecting the critical path, Contractor must promptly notify the Engineer in writing, regardless of the nature or cause of the delay, so that City has a reasonable opportunity to mitigate or avoid the delay. (B) Excusable Delay. The Contract Time may be extended if Contractor encounters “Excusable Delay,” which is an unavoidable delay in completing the Work within the Contract Time due to causes completely beyond Contractor’s control, and which Contractor could not have avoided or mitigated through reasonable care, planning, foresight, and diligence. Grounds for Excusable Delay may include fire, natural disasters including earthquake or unusually severe weather, acts of terror or vandalism, epidemic, unforeseeable adverse government actions, unforeseeable actions of third parties, encountering unforeseeable hazardous materials, unforeseeable site conditions, or suspension for convenience under Article 13.
(C) Non-Excusable Delay. Delay which Contractor could have avoided or mitigated through reasonable care, planning, foresight and diligence is “Non-Excusable Delay.” Contractor is not entitled to an extension of Contract Time or any compensation for Non-Excusable Delay, or for Excusable Delay that is concurrent with Non-Excusable Delay. Non-Excusable Delay includes delay caused by:
(1) Weather conditions which are normal for the location of the Project, as determined by reliable records, including monthly rainfall averages, for the preceding ten years; (2) Contractor’s failure to order equipment and materials sufficiently in advance of the time needed for timely completion of the Work;
(3) Contractor’s failure to provide adequate notification to utility companies or agencies for connections or services necessary for the timely performance and completion of the Work; (4) Foreseeable conditions which Contractor could have ascertained from reasonably diligent inspection of the Worksite or review of the Contract Documents or other information provided or available to Contractor; or
(5) Contractor’s financial inability to perform the Work, including insufficient funds to pay its Subcontractors or suppliers.
(D) Compensable Delay. Pursuant to Public Contract Code section 7102, in addition to entitlement to an extension of Contract Time, Contractor is entitled to compensation for costs incurred due to delay caused solely by City, when that delay is unreasonable under the circumstances involved and not within the contemplation of the parties (“Compensable Delay”). Contractor is not entitled to an extension of Contract Time or recovery of costs for Compensable Delay that is concurrent with Non-Excusable Delay.
(E) Recoverable Costs. Contractor is not entitled to compensation for Excusable Delay unless it is Compensable Delay, as defined above. Contractor is entitled to recover only the actual, direct, reasonable, and substantiated costs (“Recoverable Costs”) for each working day that the Compensable Delay prevents Contractor from proceeding with more than 50% of the critical path Work scheduled for that day, based on the most recent progress schedule accepted by City. Recoverable Costs will not include home office overhead or lost profit.
(F) Request for Extension of Contract Time or Recoverable Costs. A request for an extension of Contract Time or any associated Recoverable Costs must be submitted in writing to City within ten calendar days of the date the delay is first encountered, even if the duration of the delay is not yet known at that time, or any entitlement to the Contract Time extension or to the Recoverable Costs will be deemed waived. In addition to complying with the requirements of this Article 5, the request must be submitted in compliance with the Change Order request procedures in Article 6 below. Strict compliance with these requirements is necessary to ensure that any delay or consequences of delay may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project and timely performance of the Work. Any request for an extension of Contract Time or Recoverable Costs that does not strictly comply with all of the requirements of Article 5 and Article 6 will be deemed waived. (1) Required Contents. The request must include a detailed description of the cause(s) of the delay and must also describe the measures that Contractor has taken to mitigate the delay and/or its effects, including efforts to mitigate the cost impact of the delay, such as by workforce management or by a change in sequencing. If the delay is still ongoing at the time the request is submitted, the request should also include Contractor’s plan for continued mitigation of the delay or its effects.
(2) Delay Days and Costs. The request must specify the number of days of Excusable Delay claimed or provide a realistic estimate if the duration of the delay is not yet known. If Contractor believes it is entitled to Recoverable Costs for Compensable Delay, the request must specify the amount and basis for the Recoverable Costs that are claimed or provide a realistic estimate if the amount is not yet known. Any estimate of delay duration or cost must be updated in writing and submitted with all required supporting documentation as soon as the actual time and cost is known. The maximum extension of Contract Time will be the number of days, if any, by which an Excusable Delay or a Compensable Delay exceeds any concurrent Non-Excusable Delay.

Contractor is entitled to an extension of Contract Time, or compensation for Recoverable Costs, only if, and only to the extent that, such delay will unavoidably delay Final Completion. (3) Supporting Documentation. The request must also include any and all supporting documentation necessary to evidence the delay and its actual impacts, including scheduling and cost impacts with a time impact analysis using critical path methodology and demonstrating the unavoidable delay to Final Completion. The time impact analysis must be submitted in a form or format acceptable to City.
(4) Burden of Proof. Contractor has the burden of proving that: the delay was an Excusable or Compensable Delay, as defined above; Contractor has made reasonable efforts to mitigate the delay and its schedule and cost impacts; the delay will unavoidably result in delaying Final Completion; and any Recoverable Costs claimed by Contractor were actually incurred and were reasonable under the circumstances.
(5) Legal Compliance. Nothing in this Section 5.3 is intended to require the waiver, alteration, or limitation of the applicability of Public Contract Code Section 7102. (6) No Waiver. Any grant of an extension of Contract Time, or compensation for Recoverable Costs due to Compensable Delay, will not operate as a waiver of City’s right to assess liquidated damages for Non-Excusable Delay.
(7) Dispute Resolution. In the event of a dispute over entitlement to an extension of Contract Time or compensation for Recoverable Costs, Contractor may not stop working pending resolution of the dispute but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work. Contractor’s sole recourse for an unresolved dispute based on City’s rejection of a Change Order request for an extension of Contract Time or compensation for Recoverable Costs is to comply with the Dispute Resolution provisions set forth in Article 12 below.

5.4 Liquidated Damages. It is expressly understood that if Final Completion is not achieved within the Contract Time, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code section 7203, if Contractor fails to achieve Final Completion within the Contract Time, City will charge Contractor in the amount specified in the Contract for each day that Final Completion is delayed beyond the Contract Time, as liquidated damages and not as a penalty.
(A) Liquidated Damages. Liquidated damages will not be assessed for any Excusable or Compensable Delay, as set forth above.
(B) Milestones. Liquidated damages may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents.
(C) Setoff. City is entitled to deduct the amount of liquidated damages assessed against any payments otherwise due to Contractor, including unreleased retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. (D) Occupancy or Use. Occupancy or use of the Project in whole or in part prior to Final Completion does not constitute City’s acceptance of the Project and will not operate as a waiver of City’s right to assess liquidated damages for Contractor’s Non-Excusable Delay in achieving Final Completion.
(E) Other Remedies. City’s right to liquidated damages under this Section applies only to damages arising from Contractor’s Non-Excusable Delay or failure to complete the Work within the Contract Time. City retains its right to pursue all other remedies under the Contract for other types of damage, including damage to property or persons, or for defective materials or workmanship.

ARTICLE 6 - CONTRACT MODIFICATION

6.1 Contract Modification and Changes in Work. Modifications to the Contract are valid and legally binding only if duly authorized by a written and signed Change Order. City may also make changes in the Work without invalidating the Contract. City may direct changes in the Work, which may include Extra Work as set forth in subsection (B) below, or deletion or modification of portions of the Work.

Any change in the Work, whether directed by City or pursuant to Contractor’s request for a Change Order under Section 6.2 below, will not be a valid and binding change to the Contract unless it is formalized in a Change Order, which may include commensurate changes in the Contract Price or Contract Time as applicable. Contractor must promptly comply with City-directed changes in the Work in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement as to adjustments to the Contract Price or Contract Time for the change in the Work or for the Extra Work. Contractor is not entitled to extra compensation pursuant to Public Contract Code section 7101 based on cost reduction changes or “value engineering,” unless otherwise specified in the Special Conditions, or unless expressly authorized in advance in writing by City. (A) Disputes. In the event of a dispute over entitlement to or the amount of a change in Contract Time or a change in Contract Price related to a City-directed change in the Work, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute. In the event that City and Contractor dispute whether a portion or portions of the Work are already required by the Contract Documents or constitute Extra Work, or otherwise dispute the interpretation of any portion(s) of the Contract Documents, Contractor must perform the Work as directed and may not delay its Work or cease Work pending resolution of the dispute, but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work, including the Work in dispute, as directed by City.

Contractor’s sole recourse for an unresolved dispute related to changes in the Work or performance of any Extra Work is to comply with the dispute resolution provisions set forth in Article 12, below. (B) Extra Work. City may direct Contractor to perform Extra Work related to the Project.

Contractor must promptly perform any Extra Work as directed or authorized by City in accordance with the original Contract Documents, even if Contractor and City have not yet reached agreement on adjustments to the Contract Price or Contract Time for such Extra Work. Contractor must maintain detailed daily records that itemize the cost of each element of Extra Work, and sufficiently distinguish the direct cost of the Extra Work from the cost of other Work performed. For each day that Contractor performs Extra Work, or Work that Contractor contends is Extra Work, Contractor must submit no later than the following Working Day, a daily report of the Extra Work performed that day and the related costs, together with copies of certified payroll, invoices, and other documentation substantiating the costs (“Extra Work Report”). The Engineer will make any adjustments to Contractor’s Extra Work Report(s) based on the Engineer’s records of the Work. When an Extra Work Report(s) is agreed on and signed by both City and Contractor, the Extra Work Report(s) will become the basis for payment under a duly authorized and signed Change Order. Failure to submit the required documentation by close of business on the next Working Day is deemed a full and complete waiver for any change in the Contract Price or Contract Time for any Extra Work performed that day. (C) Remedy for Non-Compliance. Contractor’s failure to promptly comply with a City-directed change is deemed a material breach of the Contract, and in addition to all other remedies available to it, City may, at its sole discretion, hire another contractor or use its own forces to complete the disputed Work at Contractor’s sole expense, and may deduct the cost from the Contract Price.

6.2 Contractor Change Order Requests. Contractor must submit a request or proposal for a change in the Work, compensation for Extra Work, or a change in the Contract Price or Contract Time as a written Change Order request or proposal.
(A) Time for Submission. Any request for a change in the Contract Price or the Contract Time must be submitted in writing to the Engineer within ten calendar days of the date that Contractor first encounters the circumstances, information or conditions giving rise to the Change Order request, even if the total amount of the requested change in the Contract Price or impact on the Contract Time is not yet known at that time. If City requests that Contractor propose the terms of a Change Order, unless otherwise specified in City’s request, Contractor must provide the Engineer with a written proposal for the change in the Contract Price or Contract Time within five working days of receiving City’s request, in a form satisfactory to the Engineer.
(B) Required Contents. Any Change Order request or proposal submitted by Contractor must include a complete breakdown of actual or estimated costs and credits, and must itemize labor, materials, equipment, taxes, insurance, subcontract amounts, and, if applicable, Extra Work Reports.

Any estimated cost must be updated in writing as soon as the actual amount is known. (C) Required Documentation. All claimed costs must be fully documented, and any related request for an extension of time or delay-related costs must be included at that time and in compliance with the requirements of Article 5 of the General Conditions.
(D) Required Form. Contractor must use City’s form(s) for submitting all Change Order requests or proposals, unless otherwise specified by City.
(E) Certification. All Change Order requests must be signed by Contractor and must include the following certification:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Change Order request are true and correct. Contractor warrants that this Change Order request is comprehensive and complete as to the Work or changes referenced herein, and agrees that any costs, expenses, or time extension request not included herein is deemed waived. Contractor understands that submission of claims which have no basis in fact or which Contractor knows to be false may violate the False Claims Act, as set forth in Government Code sections 12650 et seq.”

6.3 Adjustments to Contract Price. The amount of any increase or decrease in the Contract Price will be determined based on one of the following methods, but in the order provided with unit pricing taking precedence over the other methods:
(A) Unit Pricing. Amounts previously provided by Contractor in the form of unit prices, either in a bid schedule or schedule of values, will apply if unit pricing has previously been provided in Contractor’s accepted bid schedule or schedule of values for the affected Work. No additional markup for overhead, profit, or other indirect costs will be added to the calculation. (B) Lump Sum. A mutually agreed upon amount for the affected Work with no additional markup to be added for overhead, profit, or other indirect costs. (C) Time and Materials. On a time and materials basis, including allowed markup for overhead, profit, and all other indirect costs, and which may include a not-to-exceed limit, calculated as the total of the following sums:
(1) All direct labor costs plus 15% markup;
(2) All direct material costs, including sales tax, plus 15% markup; (3) All direct plant and equipment rental costs, plus 15% markup. (4) All direct subcontract costs plus ten percent markup; and (5) Increased bond or insurance premium costs computed at 1.5% of total of the previous four sums.

6.4 Unilateral Change Order. If the parties dispute the terms of a proposed Change Order, including disputes over the amount of compensation or extension of time that Contractor has requested, the value of deleted or changed Work, what constitutes Extra Work, or quantities used, City may elect to issue a unilateral Change Order, directing performance of the Work, and authorizing a change in the Contract Price or Contract Time for the amount of compensation or added time that the City believes is merited.

Contractor’s sole recourse to dispute the terms of a unilateral Change Order is to submit a timely Claim pursuant to Article 12, below.

6.5 Non-Compliance Deemed Waiver. Contractor waives its entitlement to any increase in the Contract Price or Contract Time if Contractor fails to fully comply with the provisions of this Article. Contractor will not be paid for unauthorized Extra Work.

ARTICLE 7 - GENERAL CONSTRUCTION PROVISIONS

7.1 Permits and Taxes.
(A) General. Contractor must obtain and pay for all permits, fees, or licenses required to perform the Work. Contractor must cooperate with and provide notifications to all government agencies with jurisdiction over the Project, as may be required. Contractor must provide City with copies of all notices, permits, licenses, and renewals required for the Work.
(B) Federal Excise Tax. Contractor must pay for all taxes on labor, material and equipment, except Federal Excise Tax to the extent that City is exempt from Federal Excise Tax.

7.2 Temporary Facilities. For purposes of this Contract the Contractor shall provide – at Contractor’s sole expense - secured storage of materials, tools, scaffolding, lifts, etc. outside of the Community Hall during the period of Friday through Sunday of each week. Contractor must provide, at Contractor’s sole expense, any and all temporary facilities required by the contractor to complete the Project, including an onsite staging area for material and equipment, a field office, sanitary facilities, utilities, material storage, scaffolding, portable lifts, barricades, walkways, and any other temporary structure required to safely perform the Work along with any incidental utility services. The location of all temporary facilities must be approved by the City prior to installation.

A. Standards. Temporary facilities must be safe and adequate for the intended use and installed and maintained in accordance with all applicable federal, state, and local laws, codes, and regulations.

B. Screening. Contractor must fence and screen the Project site and staging area, and its operation must minimize inconvenience to neighboring properties.

C. Utilities. Contractor must install and maintain the light, power, water and all other utilities required for the Project site if it is not already available. (D) Removal and Repair. Contractor must promptly remove all such temporary facilities when they are no longer needed or upon completion of the Work, whichever comes first. Contractor must promptly repair any damage to City’s property or to other property caused by the installation, use, or removal of the temporary facilities, and must promptly restore the property to its original or intended condition. (E) Additional Requirements. Additional provisions pertaining to temporary facilities may be included in the Specifications or Special Conditions.

7.3 Noninterference and Additional Work Areas. Contractor must avoid interfering with City’s use of its property at or adjacent to the Project site, including use of roadways, entrances, parking areas, walkways, and structures. Contractor must also minimize disruption of access to private property in the Project vicinity. Contractor must coordinate with affected property owners, tenants, and businesses, and always maintain some vehicle and pedestrian access to their residences or properties at all times.

Temporary access ramps, fencing or other measures must be provided as needed. Before blocking access to a private driveway or parking lot, Contractor must notify the affected parties of the pending closure and allow them to remove vehicles. Private driveways, residences and parking lots must have access to a roadway during non-Work hours.
(A) Offsite Acquisition. Unless otherwise provided by City, Contractor must acquire, use and dispose of, at its sole expense, any additional Work areas, easements, and temporary facilities necessary to access and perform the Work.
(B) Offsite Staging Area and Field Office. For purposes of this Contract, the Contractor shall provide – at Contractor’s sole expense - secured storage of materials, tools, scaffolding, lifts, etc. outside of the Community Hall during the period of Friday through Sunday of each week. If additional space beyond the Project site is needed, such as for the staging area or the field office, Contractor may need to make arrangements with the nearby property owner(s) to secure the space.

Before using or occupying any property owned by a third party, Contractor must provide City with a copy of the necessary license agreement, easement, or other written authorization from the property owner, together with a written release from the property owner holding City harmless from any related liability, in a form acceptable to the City Attorney.

7.4 Signs. No signs may be displayed on or about City’s property, except signage which is required by law or by the Contract Documents, without City’s prior written approval as to size, design, and location.

7.5 Worksite and Nearby Property Protections.
(A) General. Contractor is responsible at all times, on a 24-hour basis and at its sole cost, for protecting the Work, the Project site, and the materials and equipment to be incorporated into the Work, until the City has accepted the Project, excluding any exceptions to acceptance, if any. Except as specifically authorized by City, Contractor must confine its operations to the area of the Project site indicated in the Drawings. Contractor is liable for any damage caused by Contractor or its Subcontractors to the Work, City’s property, the property of adjacent or nearby property owners and the work or personal property of other contractors working for City, including damage related to Contractor’s failure to adequately secure the Work or any Worksite. (1) Subject to City’s approval, Contractor will provide and install safeguards to protect the Work, the Project site, City’s real or personal property, and the real or personal property of adjacent or nearby property owners.
(2) City’s wastewater systems may not be interrupted. If the Work disrupts existing sewer facilities, Contractor must immediately notify City and establish a plan, subject to City’s approval, to convey the sewage in closed conduits back into the sanitary sewer system. Sewage must not be permitted to flow in trenches or be covered by backfill. (3) Contractor must remove with due care, and store at City’s request, any objects or material from the Project site that City will salvage or reuse at another location. (4) If directed by Engineer, Contractor must promptly repair or replace any property damage, as specified by the Engineer. However, acting in its sole discretion, City may elect to have the property damage remedied otherwise, and may deduct the cost to repair or replace the damaged property from payment otherwise due to Contractor.
(B) Securing Project Site. After completion of Work each day, Contractor must secure the Project site and, to the extent feasible, make the area reasonably accessible to the public unless City approves otherwise. All excess materials and equipment not protected by approved traffic control devices must be relocated to the staging area or demobilized. Trench spoils must be hauled off the Project site daily and open excavations must be protected with steel plates. Contractor and Subcontractor personnel may not occupy or use the Project site for any purpose during non-Work hours, except as may be provided in the Contract Documents or pursuant to prior written authorization from City. (C) Unforeseen Conditions. If Contractor encounters facilities, utilities, or other unknown conditions not shown on or reasonably inferable from the Drawings or apparent from inspection of the Project site, Contractor must immediately notify the City and promptly submit a Request for Information to the Engineer. Contractor must avoid taking any action which could cause damage to the facilities or utilities pending further direction from the Engineer. The Engineer’s written response will be final and binding on Contractor. If the Engineer’s subsequent direction to Contractor affects Contractor’s cost or time to perform the Work, Contractor may submit a Change Order request as set forth in Article 6 above.
(D) Support; Adjacent Properties. Contractor must provide, install, and maintain all shoring, bracing, and underpinning necessary to provide support to City’s property and adjacent properties and improvements thereon. Contractor must provide notifications to adjacent property owners as may be required by law.

7.6 Materials and Equipment.
(A) General. Unless otherwise specified, all materials and equipment required for the Work must be new, free from defects, and of the best grade for the intended purpose, and furnished in sufficient quantities to ensure the proper and expeditious performance of the Work. Contractor must employ measures to preserve the specified quality and fitness of the materials and equipment. Unless otherwise specified, all materials and equipment required for the Work are deemed to include all components required for complete installation and intended operation and must be installed in accordance with the manufacturer’s recommendations or instructions. Contractor is responsible for all shipping, handling, and storage costs associated with the materials and equipment required for the Work. Contractor is responsible for providing security and protecting the Work and all of the required materials, supplies, tools and equipment at Contractor’s sole cost until City has formally accepted the Project as set forth in Section 11.1 below. Contractor will not assign, sell, mortgage, or hypothecate any materials or equipment for the Project, or remove any materials or equipment that have been installed or delivered. (B) City-Provided. If the Work includes installation of materials or equipment to be provided by City, Contractor is solely responsible for the proper examination, handling, storage, and installation in accordance with the Contract Documents. Contractor must promptly notify City of any defects discovered in City-provided materials or equipment. Contractor is solely responsible for any loss of or damage to such items which occurs while the items are in Contractor’s custody and control, the cost of which may be offset from the Contract Price and deducted from any payment(s) due to Contractor. (C) Intellectual Property Rights. Contractor must, at its sole expense, obtain any authorization or license required for use of patented or copyright protected materials, equipment, devices or processes that are incorporated into the Work. Contractor’s indemnity obligations in Article 4 apply to any claimed violation of intellectual property rights in violation of this provision.

7.7 Substitutions.
(A) “Or Equal.” Any Specification designating a material, product, or thing (collectively, “item”) or service by specific brand or trade name, followed by the words “or equal,” is intended only to indicate the quality and type of item or service desired, and Contractor may request use of any equal item or service.
(B) Request for Substitution. A post-award request for substitution of an item or service must be submitted in writing to the Engineer for approval in advance, within the applicable time period provided in the Contract Documents. If no time period is specified, the substitution request may be submitted any time within 35 days after the date of award of the Contract, or sufficiently in advance of the time needed to avoid delay of the Work, whichever is earlier.
(C) Substantiation. Any available data substantiating the proposed substitute as an equal item or service must be submitted with the written request for substitution. Contractor’s failure to timely provide all necessary substantiation, including any required test results as soon as they are available, is grounds for rejection of the proposed substitution, without further review. (D) Burden of Proving Equality. Contractor has the burden of proving the equality of the proposed substitution at Contractor’s sole cost. City has sole discretion to determine whether a proposed substitution is equal, and City’s determination is final. (E) Approval or Rejection. If the proposed substitution is approved, Contractor is solely responsible for any additional costs or time associated with the substituted item or service. If the proposed substitution is rejected, Contractor must, without delay, install the item or use the service as specified by City.
(F) Contractor’s Obligations. City’s approval of a proposed substitution will not relieve Contractor from any of its obligations under the Contract Documents. In the event Contractor makes an unauthorized substitution, Contractor will be solely responsible for all resulting cost impacts, including the cost of removal and replacement and the impact to other design elements.

7.8 Testing and Inspection.
(A) General. All materials, equipment, and workmanship used in the Work are subject to inspection and testing by City at all times and locations during construction and/or fabrication and at any Worksite, including at shops and yards as well as at the Project site. All manufacturers’ application or installation instructions must be provided to the Inspector at least ten days prior to the first such application or installation. Contractor must, at all times, make the Work available for inspection.

B) Scheduling and Notification. Contractor must cooperate with City in coordinating the inspections and testing. Contractor must submit samples of materials, and schedule all tests required by the Contract Documents in time to avoid any delay to the progress of the Work. Contractor must notify the Engineer no later than noon of the Working Day before any inspection or testing, and must provide timely notice to the other necessary parties as specified in the Contract Documents. If Contractor schedules an inspection or test beyond regular Work hours, or on a Saturday, Sunday, or recognized City holiday, Contractor must notify the Engineer at least two Working Days in advance for approval. If approved, Contractor must reimburse City for the cost of the overtime inspection or testing. Such costs, including the City’s hourly costs for required personnel, may be deducted from payments otherwise due to Contractor.
(C) Responsibility for Costs. City will bear the initial cost of inspection and testing to be performed by independent testing consultants retained by City, subject to the following exceptions:
(1) Contractor will be responsible for the costs of any subsequent tests which are required to substantiate compliance with the Contract Documents, and any associated remediation costs. (2) Contractor will be responsible for inspection costs, at City’s hourly rates, for inspection time lost because the Work is not ready or Contractor fails to appear for a scheduled inspection. (3) If any portion of the Work that is subject to inspection or testing is covered or concealed by Contractor prior to the inspection or testing, Contractor will bear the cost of making that portion of the Work available for the inspection or testing required by the Contract Documents, and any associated repair or remediation costs.
(4) Any Work or material that is defective or fails to comply with the requirements of the Contract Documents must be promptly repaired, removed, replaced, or corrected by Contractor, at Contractor’s sole expense, even if that Work or material was previously inspected or included in a progress payment.
(D) Contractor’s Obligations. Contractor is solely responsible for any delay occasioned by remediation of defective or noncompliant Work or material. Inspection of the Work does not in any way relieve Contractor of its obligations to perform the Work as specified. Any Work done without the required inspection(s) will also be subject to rejection by City. (E) Distant Locations. If required off-site testing or inspection must be conducted at a location more than 100 miles from the Project site, Contractor is solely responsible for the additional travel costs required for testing and/or inspection at such locations. (F) Final Inspection. The provisions of this Section 7.8 apply to final inspection under Article 11, Completion and Warranty Provisions.

7.9 Worksite Conditions and Maintenance. Contractor must at all times, on a 24-hour basis and at its sole cost, maintain the Project site and staging and storage areas in clean and neat condition and in compliance with all regulatory requirements for air quality and dust control. Contractor must also, on a daily basis and at its sole cost, remove and properly dispose of the debris and waste materials from the Project site.
1) Air Emissions Control. Contractor must not discharge smoke or other air contaminants into the atmosphere in violation of any applicable law, regulation or rule. 2) Dust and Debris. Contractor must minimize and confine dust and debris resulting from the Work. Contractor must abate dust nuisance by cleaning and/or sweeping within one hour after the Engineer notifies Contractor that an airborne nuisance exists. 3) Clean up. Before discontinuing Work in an area, Contractor must clean the area and remove all debris and waste along with the construction equipment, tools, machinery, and surplus materials. (1) Except as otherwise specified, all excess Project materials, and the materials removed from existing improvements on the Project site with no salvage value or intended reuse by City, will be Contractor’s property.
4) Disposal. Contractor must dispose of all Project debris and waste materials in a safe and legal manner. Contractor may not burn or bury waste materials on the Project site. Contractor will not allow any dirt, refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed of onto streets, into manholes or into City’s storm drain system. (E) Completion. At the completion of the Work, Contractor must remove from the Worksite all of its equipment, tools, surplus materials, waste materials and debris, presenting a clean and neat appearance. Before demobilizing from the Worksite, Contractor must ensure that all surfaces are cleaned, sealed, waxed, or finished as applicable, and that all marks, stains, paint splatters, and the like have been properly removed from the completed Work and the surrounding areas. Contractor must ensure that all parts of the construction are properly joined with the previously existing and adjacent improvements and conditions. Contractor must provide all cutting, fitting and patching needed to accomplish that requirement. Contractor must also repair or replace all existing improvements that are damaged or removed during the Work, both on and off the Project site. Repairs and replacements must be at least equal to the previously existing improvements, and the condition, finish and dimensions must match the previously existing improvements.
(F) Non-Compliance. If Contractor fails to comply with its maintenance and cleanup obligations or any City clean up order, City may, acting in its sole discretion, elect to suspend the Work until the condition(s) is corrected with no increase in the Contract Time or Contract Price, or undertake appropriate cleanup measures without further notice and the cost will be deducted from any amounts due or to become due to Contractor.

7.10 Instructions and Manuals. Contractor must provide to City three copies each of all instructions and manuals required by the Contract Documents, unless otherwise specified. These must be complete as to drawings, details, parts lists, performance data, and other information that may be required for City to easily maintain and service the materials and equipment installed for this Project. (A) Submittal Requirements. All manufacturers’ application or installation instructions must be provided to City at least ten days prior to the first such application. The instructions and manuals, along with any required guarantees, must be delivered to City for review. (B) Training. Contractor or its Subcontractors must instruct City’s personnel in the operation and maintenance of any complex equipment as a condition precedent to Final Completion, if required in the Contract Documents.

7.11 As-built Drawings. Contractor must prepare and maintain at the Project site a detailed, complete and accurate as-built set of Drawings which will be used solely for the purpose of recording changes made in any portion of the original Drawings in order to create accurate record drawings at the end of the Project.
(A) Duty to Update. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all acoustical improvements installed by the Contractor.
(B) Final Completion. Contractor must verify that all changes in the Work are depicted in the asbuilt drawings and must deliver the complete set of as-built drawings to the Engineer for review and approval as a condition precedent to Final Completion and Final Payment.

7.12 Existing Utilities. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract Documents, Contractor must immediately provide written notice to City and the utility.

7.13 Notice of Excavation. N/A

7.14 Trenching and Excavations of Four Feet or More. N/A

7.15 Trenching of Five Feet or More. N/A

7.16 New Utility Connections. N/A

7.17 Lines and Grades. N/A

7.18 Historic or Archeological Items.
(A) Contractor’s Obligations. Contractor must ensure that all persons performing Work at the Project site are required to immediately notify the Project Manager, upon discovery of any potential historic or archeological items.
(B) Discovery; Cessation of Work. Upon discovery of any potential Historic or Archeological Items, Work must be stopped and the City Engineer should be notified.

7.19 Environmental Control. N/A

7.20 Noise Control. Contractor must comply with all applicable noise control laws, ordinances, regulations and rules. Noise control requirements apply to all equipment used for the Work or related to the Work, including trucks, transit mixers or transient equipment that may or may not be owned by Contractor.

ARTICLE 8 - PAYMENT

8.1 Schedule of Values. Prior to submitting its first application for payment, Contractor must prepare and submit to the Project Manager a schedule of values apportioned to the various divisions and phases of the Work, including mobilization and demobilization. If a Bid Schedule was submitted with Contractor’s bid, the amounts must be consistent with the Bid Schedule. Each line item contained in the schedule of values must be assigned a value such that the total of all items equals the Contract Price. The items must be sufficiently detailed to enable accurate evaluation of the percentage of completion claimed in each application for payment, and the assigned value consistent with any itemized or unit pricing submitted with Contractor’s bid.
(A) Measurements for Unit Price Work. Materials and items of Work to be paid for on the basis of unit pricing will be measured according to the methods stipulated in the Contract Documents. (B) Deleted or Reduced Work. Contractor will not be compensated for Work that City has deleted or reduced in scope, except for any labor, material or equipment costs for such Work that Contractor reasonably incurred before Contractor learned that the Work could be deleted or reduced. Contractor will only be compensated for those actual, direct and documented costs incurred, and will not be entitled to any mark up for overhead or lost profits.

8.2 Progress Payments. Following the last day of each month, or as otherwise required by the Special Conditions or Specifications, Contractor will submit to the Project Manager a monthly application for payment for Work performed during the preceding month based on the estimated value of the Work performed during that preceding month.
(A) Application for Payment. Each application for payment must be itemized to include labor, materials, and equipment incorporated into the Work, and materials and equipment delivered to the Worksite, as well as authorized and approved Change Orders. Each pay application must be supported by Contractor’s Bid Schedule or schedule of values and any other substantiating data required by the Contract Documents.
(B) Payment of Undisputed Amounts. City will pay the undisputed amount due within 30 days after Contractor has submitted a complete and accurate payment application, subject to Public Contract Code section 20104.50. City will deduct a percentage from each progress payment as retention, as set forth in Section 8.5, below, and may withhold additional amounts as set forth in Section 8.3, below.

8.3 Adjustment of Payment Application. City may adjust or reject the amount requested in a payment application, including application for Final Payment, in whole or in part, if the amount requested is disputed or unsubstantiated. Contractor will be notified in writing of the basis for the modification to the amount requested. City may also deduct or withhold from payment otherwise due based upon any of the circumstances and amounts listed below. Sums withheld from payment otherwise due will be released when the basis for that withholding has been remedied and no longer exists. (A) For Contractor’s unexcused failure to perform the Work as required by the Contract Documents, including correction or completion of punch list items, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (B) For loss or damage caused by Contractor or its Subcontractors arising out of or relating to performance of the Work or any failure to protect the Worksite, City may deduct an amount based on the estimated cost to repair or replace;
(C) For Contractor’s failure to pay its Subcontractors and suppliers when payment is due, City may withhold an amount equal to the total of past due payments; (D) For Contractor’s failure to timely correct rejected, nonconforming, or defective Work, City may withhold or deduct an amount based on the City’s estimated cost to correct or complete the Work; (E) For any unreleased stop notice, City may withhold 125% of the amount claimed; (F) For Contractor’s failure to submit any required schedule or schedule update in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount equal to five percent of the total amount requested;
(G) For Contractor’s failure to maintain or submit as-built documents in the manner and within the time specified in the Contract Documents, City may withhold or deduct an amount based on the City’s cost to prepare the as-builts;
(H) For Work performed without approved Shop Drawings, when approved Shop Drawings are required before proceeding with the Work, City may deduct an amount based on the estimated costs to correct unsatisfactory Work or diminution in value;
(I) For fines assessed under the Labor Code, as required by law; or (J) For any other costs or charges that may be withheld, deducted from, or offset against payments due, as provided in the Contract Documents, including liquidated damages.

8.4 Early Occupancy. Neither City’s payment of progress payments nor its partial or full use or occupancy of the Project constitutes acceptance of any part of the Work.

8.5 Retention. City will retain five percent of the amount due on each progress payment, or the percentage stated in the Notice Inviting Bids, whichever is greater, as retention to ensure full and satisfactory performance of the Work.
(A) Substitution of Securities. As provided by Public Contract Code section 22300, Contractor may request in writing that it be allowed, at its sole expense, to substitute securities for the retention withheld by City. Any escrow agreement entered into pursuant to this provision must fully comply with Public Contract Code section 22300, and will be subject to approval as to form by City’s legal counsel. (B) Release of Undisputed Retention. All undisputed retention, less any amounts that may be assessed as liquidated damages, retained for stop notices, or otherwise withheld under Section 8.3 or Section 8.6, will be released as Final Payment to Contractor no sooner than 35 days following recordation of the notice of completion, and no later than 60 days following acceptance of the Project by City’s governing body or authorized designee pursuant to Section 11.1(C) below, or, if the Project has not been accepted, no later than 60 days after the Project is otherwise considered complete under Public Contract Code section 7107(c).

8.6 Setoff. City is entitled to set off any amounts due from Contractor against any payments due to Contractor. City’s entitlement to setoff includes progress payments as well as Final Payment and unreleased retention.

8.7 Payment to Subcontractors and Suppliers. Each month, Contractor must promptly pay each Subcontractor and supplier the value of the portion of labor, materials, and equipment incorporated into the Work or delivered to the Worksite by the Subcontractor or supplier during the preceding month.

Such payments must be made in accordance with the requirements of the law, and those of the Contract Documents and applicable subcontract or supplier contract. (A) Withholding for Stop Notice. Pursuant to Civil Code section 9358, City will withhold 125% of the amount claimed by an unreleased stop notice, a portion of which may be retained by City for the costs incurred in handling the stop notice claim, including attorneys’ fees and costs, as authorized by law.
(B) Joint Checks. City reserves the right to issue joint checks made payable to Contractor and its Subcontractors or suppliers. As a condition to release of payment by a joint check, the joint check payees may be required to execute a joint check agreement in a form provided or approved by City. The joint check payees will be jointly and severally responsible for the allocation and disbursement of funds paid by joint check. Payment by joint check will not be construed to create a contractual relationship between City and a Subcontractor or supplier of any tier beyond the scope of the joint check agreement.

8.8 Final Payment. Contractor’s application for Final Payment must comply with the requirements for submitting an application for a progress payment as stated in Section 8.2, above. Corrections to previous progress payments, including adjustments to estimated quantities for unit priced items, may be included in the Final Payment. The date of Final Payment is deemed to be effective on the date that City acts to release undisputed retention as final payment to Contractor, or otherwise provides written notice to Contractor of Final Payment. If the amount due from Contractor to City exceeds the amount of Final Payment, City retains the right to recover the balance from Contractor or its sureties.

8.9 Release of Claims. City may, at any time, require that payment of the undisputed portion of any progress payment or Final Payment be contingent upon Contractor furnishing City with a written waiver and release of all claims against City arising from or related to the portion of Work covered by those undisputed amounts subject to the limitations of Public Contract Code section 7100. Any disputed amounts may be specifically excluded from the release.

8.10 Warranty of Title. Contractor warrants that title to all work, materials, or equipment incorporated into the Work and included in a request for payment will pass over to City free of any claims, liens, or encumbrances upon payment to Contractor.

ARTICLE 9 - LABOR PROVISIONS

9.1 Discrimination Prohibited. Discrimination against any prospective or present employee engaged in the Work on grounds of race, color, ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status is strictly prohibited. Contractor and its Subcontractors are required to comply with all applicable federal and California laws, including the California Fair Employment and Housing Act (Government Code sections 12900 et seq.), Government Code section 11135, and Labor Code sections 1735, 1777.5, 1777.6, and 3077.5.

9.2 Labor Code Requirements.
(A) Eight Hour Day. Under Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract.
(B) Penalty. Under Labor Code section 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any Subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code section 1815. (C) Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
(D) Notices. Under Labor Code section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation.

9.3 Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code section 1720 or 1720.9, including cleanup at the Project site, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates are on file with the City and available online at http://www.dir.ca.gov/dlsr. Contractor must post a copy of the applicable prevailing rates at the Worksite.
(A) Penalties. Under Labor Code section 1775, Contractor and any Subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion a day, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker. (B) Federal Requirements. If this Project is subject to federal prevailing wage requirements in addition to California prevailing wage requirements, Contractor and its Subcontractors are required to pay the higher of the current applicable prevailing wage rates under federal law, available online at http://www.access.gpo.gov/davisbacon/ca.html.

9.4 Payroll Records. Contractor must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (A) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct; and (2) Contractor or the Subcontractor has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any Work performed by its employees on the Project. (B) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(C) Enforcement. Upon notice of noncompliance with Labor Code section 1776, Contractor or Subcontractor has ten days in which to comply with requirements of this section. If Contractor or Subcontractor fails to do so within the ten day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from progress payments then due.

9.5 Labor Compliance. Under Labor Code section 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR.

ARTICLE 10 - SAFETY PROVISIONS

10.1 Safety Precautions and Programs. Contractor and its Subcontractors are fully responsible for safety precautions and programs, and for the safety of persons and property in the performance of the Work.

Contractor and its Subcontractors must at all times comply with all applicable safety laws, rules and regulations and seek to avoid injury, loss, or damage to persons or property by taking reasonable steps to protect its employees and other persons at the Worksite, materials and equipment stored on or off site, and property at or adjacent to the Worksite.
(A) Reporting Requirements. Contractor must immediately provide a written report to City of all recordable accidents and injuries occurring at the Worksite. If Contractor is required to file an accident report with a government agency, Contractor will provide a copy of the report to City. (B) Legal Compliance. Contractor’s safety program must comply with the applicable legal and regulatory requirements. Contractor must provide City with copies of all notices required by law or regulation.
(C) Contractor’s Obligations. Any damage or loss caused by Contractor arising from the Work which is not insured under property insurance must be promptly remedied by Contractor. (D) Remedies. If City determines, in its sole discretion, that any part of the Work or Worksite is unsafe, City may, without assuming responsibility for Contractor’s safety program, require Contractor or its Subcontractor to cease performance of the Work or to take corrective measures to City’s satisfaction.

If Contractor fails to promptly take the required corrective measures, City may perform them and deduct the cost from the Contract Price. Contractor agrees it is not entitled to submit a Claim for damages, for an increase in Contract Price, or for a change in Contract Time based on Contractor’s compliance with City’s request for corrective measures pursuant to this provision.

10.2 Hazardous Materials. Unless otherwise specified in the Contract Documents, this Contract does not include the removal, handling, or disturbance of any asbestos or other Hazardous Materials. If Contractor encounters materials on the Worksite that Contractor reasonably believes to be asbestos or other Hazardous Materials, and the asbestos or other Hazardous Materials have not been rendered harmless, Contractor may continue Work in unaffected areas reasonably believed to be safe but must immediately cease work on the area affected and report the condition to City. No asbestos, asbestoscontaining products or other Hazardous Materials may be used in performance of the Work.

10.3 Material Safety. Contractor is solely responsible for complying with section 5194 of Title 8 of the California Code of Regulations, including by providing information to Contractor’s employees about any hazardous chemicals to which they may be exposed in the course of the Work. A hazard communication program and other forms of warning and training about such exposure must be used.

Contractor must also maintain Material Safety Data Sheets (“MSDS”) at the Worksite, as required by law, for materials or substances used or consumed in the performance of the Work. The MSDS will be accessible and available to Contractor’s employees, Subcontractors, and City. (A) Contractor Obligations. Contractor is solely responsible for the proper delivery, handling, use, storage, removal, and disposal of all materials brought to the Worksite and/or used in the performance of the Work. Contractor must notify the Engineer if a specified product or material cannot be used safely. (B) Labeling. Contractor must ensure proper labeling on any material brought onto the Worksite so that any persons working with or in the vicinity of the material may be informed as to the identity of the material, any potential hazards, and requirements for proper handling, protections, and disposal.

10.4 Hazardous Condition. Contractor is solely responsible for determining whether a hazardous condition exists or is created during the course of the Work, involving a risk of bodily harm to any person or risk of damage to any property. If a hazardous condition exists or is created, Contractor must take all precautions necessary to address the condition and ensure that the Work progresses safely under the circumstances. Hazardous conditions may result from, but are not limited to, use of specified materials or equipment, the Work location, the Worksite condition, the method of construction, or the way any Work must be performed.

ARTICLE 11 - COMPLETION AND WARRANTY PROVISIONS

11.1 Final Completion.
(A) Final Inspection and Punch List. When the Work required by this Contract is fully performed, Contractor must provide written notification to City requesting final inspection. The Engineer will schedule the date and time for final inspection, which must include Contractor’s primary representative for this Project and its superintendent. Based on that inspection, City will prepare a punch list of items that are incomplete, incorrectly installed, or not operating as required by the Contract Documents. The punch list may include City’s estimated cost to complete each punch list item if Contractor fails to do so within the specified time. The omission of any such item from this punch list will not relieve Contractor from fulfilling all requirements of the Contract Documents. City will deliver the punch list to Contractor and will specify the time by which all of the punch list items must be completed or corrected. (B) Requirements for Final Completion. Final Completion will be achieved upon completion or correction of all punch list items, as verified by City inspection, and upon satisfaction of all other Contract requirements, including any commissioning required under the Contract Documents and submission of all final submittals, including a warranty bond as required under Section 4.4, instructions and manuals as required under Section 7.10, and as-built drawings as required under Section 7.11, all to City’s satisfaction.
(C) Acceptance. The Project will be considered accepted upon City Council action during a public meeting to accept the Project, or if the Engineer is authorized to accept the Project, the Project will be considered accepted upon the date of the Engineer’s issuance of a written notice of acceptance. The City may elect, acting in its sole discretion, to accept the Project as complete subject to exceptions for punch list items that are not completed within the time specified in the punch list. (D) Final Payment. Final Payment and release of retention, less any sums withheld pursuant to the provisions of the Contract Documents, will not be made sooner than 35 days after recordation of the notice of completion. If Contractor fails to complete all of the punch list items within the specified time, City may withhold up to 150% of City’s estimated cost to complete each of the remaining items from Final Payment.

11.2 Warranty.
(A) General. Contractor warrants that all materials and equipment will be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor further warrants that the Work will be free from material defects not intrinsic in the design or materials required in the Contract Documents. At City’s request, Contractor must furnish satisfactory evidence of the quality and type of materials and equipment furnished.

Contractor’s warranty does not extend to damage caused by normal wear and tear, or improper use or maintenance.
(B) Warranty Period. Contractor’s warranty must guarantee its Work for a period of one year from the date of Project acceptance (the “Warranty Period”), except when a longer guarantee is provided by a supplier or manufacturer or is required by the Specifications or Special Conditions. Contractor must obtain from its Subcontractors, suppliers and manufacturers any special or extended warranties required by the Contract Documents.
(C) Warranty Documents. As a condition precedent to acceptance, Contractor must supply City with all warranty and guarantee documents relevant to equipment and materials incorporated into the Work and guaranteed by their suppliers or manufacturers. (D) Subcontractors. The warranty obligations in the Contract Documents apply to Work performed by Contractor and its Subcontractors, and Contractor agrees to be co-guarantor of such Work. (E) Contractor’s Obligations. Upon written notice from City to Contractor of any defect in the Work discovered during the Warranty Period, Contractor or its responsible Subcontractor must promptly correct the defective Work at its own cost. Contractor’s obligation to correct defects discovered during the Warranty Period will continue past the expiration of the Warranty Period as to any defects in Work for which Contractor was notified prior to expiration of the Warranty Period. (F) City’s Remedies. If Contractor or its responsible Subcontractor fails to correct defective Work within ten days following notice by City, or sooner if required by the circumstances, City may correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor must reimburse City for its costs in accordance with subsection (H), below. (G) Emergency Repairs. In cases of emergency where any delay in correcting defective Work could cause harm, loss or damage, City may immediately correct the defects to conform with the Contract Documents at Contractor’s sole expense. Contractor or its surety must reimburse City for its costs in accordance with subsection (H), below.
(H) Reimbursement. Contractor must reimburse City for its costs to repair under subsections (F) or (G), above, within 30 days following City’s submission of a demand(s) for payment pursuant to this provision. If City is required to initiate legal action to compel Contractor’s compliance with this provision, and City is the prevailing party in such action, Contractor and its surety are solely responsible for all of City’s attorney’s fees and legal costs expended to enforce Contractor’s warranty obligations herein in addition to any and all costs City incurs to correct the defective Work.

11.3 Use Prior to Final Completion. City reserves the right to occupy or make use of the Project, or any portions of the Project, prior to Final Completion if City has determined that the Project or portion of it is in a condition suitable for the proposed occupation or use, and that it is in its best interest to occupy or make use of the Project, or any portions of it, prior to Final Completion. City will notify Contractor in writing of its intent to occupy or make use of the Project or any portions of the Project, pursuant to this provision.
(A) Non-Waiver. Occupation or use prior to Final Completion will not operate as acceptance of the Work or any portion of it, nor will it operate as a waiver of any of City’s rights or Contractor’s duties pursuant to these Contract Documents and will not affect nor bear on the determination of the time of substantial completion with respect to any statute of repose pertaining to the time for filing an action for construction defect.
(B) City’s Responsibility. City will be responsible for the cost of maintenance and repairs due to normal wear and tear with respect to those portions of the Project that are being occupied or used before Final Completion. The Contract Price or the Contract Time may be adjusted pursuant to the applicable provisions of these Contract Documents if, and only to the extent that, any occupation or use under this Section actually adds to Contractor’s cost or time to complete the Work within the Contract Time.

11.4 Substantial Completion. For purposes of determining “substantial completion” with respect to any statute of repose pertaining to the time for filing an action for construction defect, “substantial completion” is deemed to mean the last date that Contractor or any Subcontractor performs Work on the Project prior to City acceptance of the Project, except for warranty work performed under this Article.

ARTICLE 12 - DISPUTE RESOLUTION

12.1 Claims. This Article applies to and provides the exclusive procedures for any Claim arising from or related to the Contract or performance of the Work.
(A) Definition. “Claim” means a separate demand by Contractor, submitted in writing by registered or certified mail with return receipt requested, for change in the Contract Time, including a time extension or relief from liquidated damages, or a change in the Contract Price, that has previously been submitted to City in accordance with the requirements of the Contract Documents, and which has been rejected or disputed by City, in whole or in part.
(B) Limitations. A Claim may only include the portion of a previously rejected demand that remains in dispute between Contractor and City. With the exception of any dispute regarding the amount of money actually paid to Contractor as Final Payment, Contractor is not entitled to submit a Claim demanding a change in the Contract Time or the Contract Price, which has not previously been submitted to City in full compliance with Article 5 and Article 6, and subsequently rejected in whole or in part by City.
(C) Scope of Article. This Article is intended to provide the exclusive procedures for submission and resolution of Claims of any amount and applies in addition to the provisions of Public Contract Code section 9204 and sections 20104 et seq., which are incorporated by reference herein. (D) No Work Delay. Notwithstanding the submission of a Claim or any other dispute between the parties related to the Project or the Contract Documents, Contractor must perform the Work and may not delay or cease Work pending resolution of the Claim or other dispute but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.

12.2 Claims Submission. The following requirements apply to any Claim subject to this Article:
(A) Substantiation. The Claim must be submitted to City in writing, clearly identified as a “Claim” submitted pursuant to this Article 12, and must include all of the documents necessary to substantiate the Claim including the Change Order request that was rejected in whole or in part, and a copy of City’s written rejection that is in dispute. The Claim must clearly identify and describe the dispute, including relevant references to applicable portions of the Contract Documents, and a chronology of relevant events. Any Claim for additional payment must include a complete, itemized breakdown of all labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts.
(B) Claim Format. A Claim must be submitted in the following format:
(1) General introduction, specifically identifying the submission as a “Claim” submitted under this Article 12.
(2) Relevant background information, including identification of the specific demand at issue, and the date of City's rejection of that demand.
(3) Detailed explanation of the issue(s) in dispute. For multiple issues, separately number and identify each issue and include the following for each separate issue:
a. The background of the issue, including references to relevant provisions of the Contract Documents;
b. A succinct statement of the matter in dispute, including Contractor’s position and the basis for that position;
c. A chronology of relevant events;
d. The identification and attachment of all supporting documents (see subsection (A), above, on Substantiation); and
e. Use of a separate page for each issue.
(4) Summary of issues and damages.
(5) The following certification, executed by Contractor’s authorized representative:
“The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim are true and correct. Contractor warrants that this Claim is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay claim not included herein are deemed waived. Contractor understands that submission of a Claim which has no basis in fact or which Contractor knows to be false may violate the False Claims Act (Government Code Section 12650 et seq.).”
(C) Submission Deadlines.
(1) A Claim must be submitted within 15 days following the date that City notified Contractor in writing that a request for a change in the Contract Time or Contract Price, duly submitted in compliance with Article 5 and Article 6, has been rejected in whole or in part. (2) With the exception of any dispute regarding the amount of Final Payment, any Claim must be filed on or before the date of Final Payment or will be deemed waived. (3) A Claim disputing the amount of Final Payment must be submitted within 15 days of the effective date of Final Payment, under Section 8.8, above. (4) Strict compliance with these Claim submission deadlines is necessary to ensure that any dispute may be mitigated as soon as possible, and to facilitate cost-efficient administration of the Project. Any Claim that is not submitted within the specified deadlines will be deemed waived by Contractor.

12.3 City’s Response. City will respond within 45 days of receipt of the Claim with a written statement identifying which portion(s) of the Claim are disputed, unless the 45-day period is extended by mutual agreement of City and Contractor or as otherwise allowed under Public Contract Code section 9204.

However, if City determines that the Claim is not adequately documented, City may first request in writing, within 30 days of receipt of the Claim, any additional documentation supporting the Claim or relating to defenses to the Claim that City may have against the Claim. (A) Additional Information. If additional information is thereafter required, it may be requested and provided upon mutual agreement of City and Contractor.
(B) Non-Waiver. Any failure by City to respond within the times specified above may not be construed as acceptance of the Claim in whole or in part, or as a waiver of any provision of these Contract Documents.

12.4 Meet and Confer. If Contractor disputes City’s written response, or City fails to respond within the specified time, within 15 days of receipt of City’s response, or within 15 days of City’s failure to respond within the applicable 45-day time period under Section 12.3, respectively, Contractor may notify City of the dispute in writing sent by registered or certified mail, return receipt requested, and demand an informal conference to meet and confer for settlement of the issues in dispute. If Contractor fails to dispute City’s response in writing within the specified time, Contractor’s Claim will be deemed waived.
(A) Schedule Meet and Confer. Upon receipt of the demand to meet and confer, City will schedule the meet and confer conference to be held within 30 days, or later if needed to ensure the mutual availability of each of the individuals that each party requires to represent its interests at the meet and confer conference.
(B) Location for Meet and Confer. The meet and confer conference will be scheduled at a location at or near City’s principal office.
(C) Written Statement After Meet and Confer. Within ten working days after the meet and confer has concluded, City will issue a written statement identifying which portion(s) of the Claim remain in dispute, if any.
(D) Submission to Mediation. If the Claim or any portion remains in dispute following the meet and confer conference, within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute, the Contractor may identify in writing disputed portion(s) of the Claim, which will be submitted for mediation, as set forth below.

12.5 Mediation and Government Code Claims.
(A) Mediation. Within ten working days after the City issues the written statement identifying any portion(s) of the Claim remaining in dispute following the meet and confer, City and Contractor will mutually agree to a mediator, as provided under Public Contract Code section 9204. Mediation will be scheduled to ensure the mutual availability of the selected mediator and all of the individuals that each party requires to represent its interests. If there are multiple Claims in dispute, the parties may agree to schedule the mediation to address all outstanding Claims at the same time. The parties will share the costs of mediation equally, except costs incurred by each party for its representation by legal counsel or any other consultants.
(B) Government Code Claims.
(1) Timely presentment of a Government Code Claim is a condition precedent to filing any legal action based on or arising from the Contract.
(2) The time for filing a Government Code Claim will be tolled from the time Contractor submits its written Claim pursuant to Section 12.2, above, until the time that Claim is denied in whole or in part at the conclusion of the meet and confer process, including any period of time used by the meet and confer process. However, if the Claim is submitted to mediation, the time for filing a Government Code Claim will be tolled until conclusion of the mediation, including any continuations, if the Claim is not fully resolved by mutual agreement of the parties during the mediation or any continuation of the mediation.

12.6 Tort Claims. This Article does not apply to tort claims and nothing in this Article is intended nor will be construed to change the time periods for filing tort-based Government Code Claims.

12.7 Arbitration. It is expressly agreed, under California Code of Civil Procedure section 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence.

12.8 Damages. Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to consequential damages, including home office overhead or any form of overhead not directly incurred at the Worksite; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula may not be used for any recovery under the Contract.

12.9 Other Disputes. The procedures in this Article 12 will apply to any and all disputes or legal actions, in addition to Claims, arising from or related to this Contract, unless and only to the extent that compliance with a procedural requirement is expressly and specifically waived by City. Nothing in this Article is intended to delay suspension or termination under Article 13.

ARTICLE 13 - SUSPENSION AND TERMINATION

13.1 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform or correct work in accordance with the Contract Documents, City may immediately order the Work, or any portion of it, suspended until the cause for the suspension has been eliminated to City’s satisfaction. (A) Failure to Comply. Contractor will not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned by Contractor’s failure to comply with the Contract Documents. (B) No Duty to Suspend. City’s right to suspend the Work will not give rise to a duty to suspend the Work, and City’s failure to suspend the Work will not constitute a defense to Contractor’s failure to comply with the requirements of the Contract Documents.

13.2 Suspension for Convenience. City reserves the right to suspend, delay, or interrupt the performance of the Work in whole or in part, for a period of time determined to be appropriate for City’s convenience, and not due to any act or omission by Contractor or its Subcontractors. Upon notice by City pursuant to this provision, Contractor must immediately suspend, delay, or interrupt the Work and secure the Project site as directed by City except for taking measures to protect completed or in progress Work as directed in the suspension notice. The Contract Price and the Contract Time will be equitably adjusted by Change Order to reflect the cost and delay impact occasioned by such suspension for convenience. However, the time for completing the Project will only be extended if the suspension causes or will cause delay in Final Completion.

13.3 Termination for Default. Contractor may be deemed in default for a material breach of or inability to perform the Contract, including Contractor’s refusal or failure to supply sufficient skilled workers, proper materials, or equipment to perform the Work within the Contract Time; refusal or failure to make prompt payment to its employees, Subcontractors, or suppliers or to correct rejected work; disregard of laws, regulations, ordinances, rules, or orders of any public agency with jurisdiction over the Project; lack of financial capacity to complete the Work within the Contract Time; or responsibility for any other material breach of the Contract requirements.
(A) Notice. Upon City’s determination that Contractor is in default, City may provide Contractor and its surety written notice of default and intent to terminate the Contract. (B) Termination. Within seven calendar days after notice of intent to terminate for default has been given, unless the default is cured or arrangements to cure the default have been made and memorialized in writing, to City’s satisfaction, City may terminate the Contract by written notice to Contractor with a copy to Contractor’s surety.
(C) Waiver. Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the Work in accordance with the Performance Bond, within seven calendar days from the date of the notice of termination, Contractor’s surety will be deemed to have waived its right to complete the Work under the Contract, and City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and its surety will be jointly and severally liable for any additional cost incurred by City to complete the Work following termination. In addition, City will have the right to use any materials, supplies, and equipment belonging to Contractor and located at the Worksite for the purposes of completing the remaining Work. (D) Wrongful Termination. If a court of competent jurisdiction or an arbitrator later determines that the termination for default was wrongful, the termination will be deemed to be a termination for convenience, and Contractor’s damages will be strictly limited to the compensation provided for termination for convenience under Section 13.4, below. Contractor waives any claim for any other damages for wrongful termination including consequential damages, lost opportunity costs or lost profits.

13.4 Termination for Convenience. City reserves the right to terminate all or part of the Contract for convenience upon written notice to Contractor. Upon receipt of such notice, Contractor must:
immediately stop the Work, including under any terms or conditions that may be specified in the notice; comply with City’s instructions to protect the completed Work and materials; and use its best efforts to minimize further costs. Subject to City’s directions in the notice, Contractor must not place further orders or enter into new subcontracts for materials, equipment, services or facilities, except as may be necessary to complete any portion of the Work that is not terminated. Contractor must also promptly cancel all existing subcontracts that relate to performance of the discontinued Work.

A. Compensation to Contractor. In the event of City’s termination for convenience, Contractor waives any claim for damages, including for loss of anticipated profits from the Project. The following will constitute full and fair compensation to Contractor, and Contractor will not be entitled to any additional claim or compensation:
(1) Completed Work. The value of its Work satisfactorily performed to date, based on Contractor’s schedule of values and unpaid costs for items delivered to the Project site that were fabricated for incorporation in the Work;
(2) Demobilization. Actual and substantiated demobilization costs; and (3) Markup. Five percent of the total value of the Work performed as of the date of notice of termination or five percent of the value of the Work yet to be completed, whichever is less, which is deemed to cover all overhead and profit to date.

13.5 Effect of Any Contract Termination. Upon any termination pursuant to this Article, City may enter upon and take possession of the Project and the Work. City may also take possession of, for the sole purpose of completing the Work, all of Contractor’s tools, equipment and appliances, and all materials on the Worksite or stored off the Worksite that will be incorporated in the Work. Regardless of any Contract termination, Contractor’s obligations for portions of the Work already performed will continue and the provisions of the Contract Documents will remain in effect as to any claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings, instructions, or manuals, or other such rights and obligations arising prior to the termination date.

ARTICLE 14 - MISCELLANEOUS PROVISIONS

14.1 Assignment of Unfair Business Practice Claims. Under Public Contract Code section 7103.5, Contractor and its Subcontractors agree to assign to City all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders Final Payment to Contractor, without further acknowledgement by the parties.

14.2 Provisions Deemed Inserted. Every provision of law required to be inserted in the Contract Documents is deemed to be inserted, and the Contract Documents will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract Documents will be deemed amended accordingly.

14.3 Waiver. City’s waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of the Contract Documents will not be effective unless it is in writing and signed by City. City’s waiver of any breach, failure, right, or remedy will not be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless specified in writing by City.

14.4 Titles, Headings, and Groupings. The titles and headings used and the groupings of provisions in the Contract Documents are for convenience only and may not be used in the construction or interpretation of the Contract Documents or relied upon for any other purpose.

14.5 Statutory and Regulatory References. With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference is deemed to be the version in effect on the date that that bids were due.

END OF GENERAL CONDITIONS

APPENDICES
Appendix A Volume I Special Provisions
Volume II Technical Specifications
Appendix B Plans

APPENDIX A
Special Provisions & Technical Specifications
Volume I Special Provisions & Technical Specifications

COMMUNITY HALL ACOUSTICAL UPGRADE PROJECT
SECTION 1 SPECIFICATIONS AND PLANS

ALL CONTRACTORS WHO ARE TO RECEIVE PROJECT ADDENDUMS SHALL BE LISTED ON THE CITY OF SAN JUAN BAUTISTA’S PLAN HOLDERS LIST. To be placed on the Plan Holders List, please contact the City Front Desk at (831) 623-4661 or email the City Engineer at [email protected] All work embraced herein shall be done in accordance with these special provisions, these plans, and the Standard Specifications of the State of California Department of Transportation dated 2015 sections 1-99, insofar as the same may apply, which specifications are hereinafter referred to as the "State Standard Specifications."
In the event of conflict between the Specifications and these Special Provisions, the latter shall take precedence over and be used in lieu of such conflicting portions. The listing of certain salient sections from the Standard Specifications and these Special Provisions shall not in any way relieve the Contractor of complying with each and every section of the Standard Specifications.

SECTION 2 SAFETY AND HEALTH
2-1.01 CONTRACTOR’S RESPONSIBILITY FOR SAFETY
The Contractor certifies that he is experienced and qualified to anticipate and meet the safety and health requirements of this project. For informational purposes only, the Contractor shall submit to the City a copy of his Injury and Illness Prevention Program. The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. This requirement will apply until final acceptance of the Work and shall not be limited to normal working hours. The duties of the City Engineer and Inspector do not include review of the adequacy of the Contractor’s safety measures in, on, or about the site and vicinity.
2-1.02 SAFETY MEASURES
The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and lawful orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. The Contractor shall maintain copies of all documents mentioned or referenced in this Section readily available at the site until the work is completed. In the event the Contractor fails to observe any of the necessary safety provisions, the Owner may stop the work and direct the Contractor to comply with the applicable provisions or may order the necessary work to be done by others. All impacts, both monetary and time-related, associated with stoppage of the work in order to comply with the City's directives pertaining to safety requirements, and all costs of having the necessary work done by others shall be borne by the Contractor. 2-1.03 PERSONAL HYGIENE
The Contractor shall require his/her personnel to observe proper hygienic precautions, including washing of hands and other exposed portions of the body with disinfecting soap and water before eating or smoking. 2-1.04 PUBLIC SAFETY AND CONVENIENCE
The Contractor shall conduct his/her work so as to insure the least possible obstruction to traffic, inconvenience to the general public in the vicinity of the work, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission of the City Engineer and the proper governmental authority. Fire hydrants on or adjacent to the work shall be accessible to fire-fighting equipment.

Temporary Provisions shall be made by the Contractor to insure the use of sidewalks, private and public driveways, and proper functioning of gutters, sewer inlets, drainage ditches and culverts, irrigation ditches, and natural water courses.
2-1.05 FIRE PREVENTION
B. Fire Extinguishers and Hoses: The Contractor shall furnish and maintain fully charged fire extinguishers of the appropriate type, supplemented with temporary fire hoses wherever an adequate water supply exists, at the places where burning, welding, or other operations that may cause a fire are being performed.

C. Flammable, Hazardous, or Toxic Materials: Solvents, gasoline, and other hazardous materials may be in the wastewater (sewage); and therefore, the work site may be hazardous to open flame, sparks, or unventilated occupancy. The Contractor shall take measures to ensure his personnel observe proper safety precautions when working in these areas. Only a working supply of flammable, hazardous, or toxic materials shall be permitted in or on any of the permanent structures and improvements and shall be removed there from at the end of each day's operations. The Contractor shall store flammable, hazardous, or toxic materials and waste separate from the Work and stored materials for the Works in a manner that prevents spontaneous combustion or dispersion; none shall be placed in any sewer or drain piping nor buried on the City's or other property. The Contractor shall maintain a current and up-to-date copy of all laws, ordinances, codes, rules, regulations, and lawful orders of any regulatory authority having jurisdiction of control over flammable, hazardous or toxic materials, and at his/her expense shall comply with said laws, ordinances, codes, rules, regulations, and lawful orders. 2-1.06 SAFETY HELMETS, CLOTHING AND EQUIPMENT
The Contractor shall not permit any person for whom he/she is responsible or liable to enter or remain on the site of the Work unless the person is equipped with and wearing a safety helmet, other protective clothing, and safety equipment as required and shall discharge from the site all persons not so equipped. The Contractor shall post conspicuous signs at the appropriate locations warning the public and persons engaged upon the Work of this requirement.
2-1.07 HAZARDOUS AREAS
The Contractor shall not permit or allow any person or persons to enter any space containing hazardous or noxious substances or gases; or where there is an insufficient amount of oxygen to sustain life and consciousness; or any other hazardous area unless equipped with lawful and appropriate safety equipment and life supporting apparatus, and unless those entering are continually monitored and guarded by and in communication with other persons outside the space or area who are equipped in the same way, can give an alarm to others for assistance, and initiate immediate rescue operations in the event of mishap. 2-1.08 EMERGENCIES
D. Work During an Emergency: The Contractor shall perform any and all operations and shall furnish any materials and equipment necessary during an emergency endangering life or, property and, in all cases, shall notify the City Engineer of the emergency as soon as practicable, but shall not wait for instruction before proceeding to properly protect both life and property. Any additional compensation or extension of Contract Time by the Contractor on account of an emergency shall be applied for to the City.

E. Representatives for Emergencies: The Contractor shall file with the Owner a written list giving names, addresses, and telephone numbers of at least two of his/her representatives who can be contacted at any time in case of emergency. The representatives shall be fully authorized and equipped to correct unsafe or inconvenient conditions on short notice. The Contractor shall promptly notify the Owner of all changes in the listing.
2-1.09 SUBMITTALS
Prior to receiving Notice to Proceed, the Contractor shall submit to the City Engineer the following:
1) a copy of his/her Injury and Illness Prevention Program Manual 2) a list of safety equipment he/she will maintain on site 3) the name of his/her Safety Officer and Safety Supervisor(s) who will be responsible for maintaining safety at each work site
4) a description of any job-specific measures he/she will be using which are not contained in his/her manual.

The City shall not review these materials but shall maintain these materials for record purposes. 2-1.10 IMPLEMENTATION
It is the Contractor’s responsibility to follow his/her own safety program and provide one or more designated Safety Supervisor(s) at each work site.
2-1.11 PAYMENT
No separate payment will be made for maintaining safety and health and it shall be considered as included in the prices paid for the various Contract items of work as listed in the Proposal and no additional compensation shall be allowed, therefore.

SECTION 3 MATERIALS
3-1.01 GENERAL
Attention is directed to the Provisions in Section 6, “Control of Materials”, of the State Standard Specifications and these Special Provisions.

All materials required to complete the work under this Contract shall be furnished by the Contractor except when otherwise specified herein.
3-1.02 SOURCE OF SUPPLY AND QUALITY OF MATERIALS
All materials required to complete the work under the attached contract shall be furnished by the Contractor unless otherwise specified. Upon approval of the contract, the Contractor shall notify the Engineer of the proposed source of supply of all materials to be used in the work, and shall furnish samples of such materials as may be required by the Engineer for testing.

At the request of the Engineer, the Contractor shall submit manufacturer/supplier certificates of compliance for any or all materials used in the construction of the project. If certification is so requested, said certificates must be reviewed and accepted in writing by the Engineer prior to any use or installation of the material on the project. 3-1.03 TRADE NAME AND ALTERNATIVES
Attention is directed to Section 6-1.05, “Specific Brand or Trade Name and Substitution,” of the Standard Specifications.

Requests for substitutions will be considered only if received within 10 calendar days from the date of award.

Requests received after this period may be accepted or rejected at the discretion of the Engineer.

Prepare and submit each request for substitution to the City in accordance with the procedures for submittals.

Provide the following additional information:

1. An explanation of the advantages to the City for accepting the substitution.

2. A comparison of significant qualities of the proposed substitution with those specified.

3. When the substitute equipment or material necessitates changes to or coordination with any portion of the work, include drawings and details showing all such changes. You must perform these changes as a part of any acceptance of substitute material or equipment.

4. A statement indicating the substitution's effect on the construction schedule compared to the construction schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time.

5. Cost information, including a proposal of the net change, if any, in the Contract Sum.

6. Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions that may be necessary because of the substitution's failure to perform adequately.

Substitution requests will be considered by the Engineer when the following conditions are satisfied, as determined by the Engineer; otherwise, requests will be returned without action except to record noncompliance with these requirements.

1. Extensive revisions to Contract Documents are not required.

2. Proposed changes are in keeping with the general intent of Contract Documents.

3. The request is timely, fully documented and properly submitted.

4. The specified product or method of construction cannot be provided within the specified Contract Time.

The request may not be considered if the product or method cannot be provided as a result of failure of the Contractor to pursue the work promptly or coordinate activities properly.

5. A substantial advantage is offered the City, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the City may be required to bear.

Additional responsibilities for the City may include additional compensation to the Consulting Engineer/Architect for redesign and evaluation services, increased cost of other construction by the City or separate contractors, and similar considerations.

6. The specified product or method of construction cannot receive necessary approval by a regulatory agency, and the requested substitution can be approved.

7. The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the compatibility.

8. The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated.

9. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution can provide the required warranty.

Submittal of shop drawings, product data or samples that do not comply with the Contract Documents does not constitute a valid request for substitution, nor does it constitute acceptance of a substitution.

The Engineer will notify the Contractor of acceptance or rejection of the proposed substitution within 28 calendar days of receipt. If a decision on use of a substitute cannot be made within these time limits, the product originally specified shall be used.

No extension of contract time will be allowed through your failure to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted above.

Should the originally specified materials not be available within the specified contract time due to your failure to order and obtain such materials, you are responsible to provide, install and maintain a temporary “equal” material as approved by the City, and for replacing such temporary material with the required product upon availability.

You are responsible for all costs associated with the installation, maintenance, and removal of the temporary product and the installation of the specified product, including an extended one-year warranty to cover the final product installed. Sufficient funds to cover the purchase and installation of the specified product will be withheld until such work has been completed and accepted by the City.

The use of any material or equipment so offered will be permitted only after written acceptance of the Contractor's offer by the Engineer. Such acceptance by the Engineer shall not relieve the Contractor from full responsibility from the efficiency, sufficiency, and quality, and performance of the substitute material or equipment, in the same manner and degree as the material and equipment specified in the Contract Documents. 3-1.04 SUBMITTALS
This section supplements the requirements of section 5-1.23, “Submittals” of the Standard Specifications.

All submittals must be electronic.

Accompany submittals with a transmittal form. Use a separate form for each item, class of material, equipment, and for items specified in separate specification sections. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are functionally related such that expediency indicates checking or review of the group or package as a whole. Assign a sequential number to each submittal and note the number on the transmittal form accompanying each item submitted.

Submittal numbers shall have the following format:

XX.YY (NN-N.NN)
Where:

XX = the sequential submittal number
YY= the sequential number of the submittal (“01” for the first submittal, “02” for the second submittal, etc.)
(NN-N.NN) identifies the specification section number that requires the submittal.

For example, if the twelfth submittal made is the quality control plan for sign panels, as required by section 56-

2.01A, the initial submittal would be 12.01 (56-2.01A). If a re-submittal were required, it would be 12.02 (56-

2.01A).

In general, allow 10 working days for the Engineer’s review of submittals. Allow 20 working days for Engineer’s review of submittals that include shop drawings or calculations.

SECTION 4 DESCRIPTION OF PROJECT
The work, in general, shall include furnishing of all labor, materials, tools, equipment and incidentals required for construction in accordance with the Plans and these Specification for the work herein, for the CITY OF SAN JUAN BAUTISTA COMMUNITY HALL ACOUSTICAL UPGRADE PROJECT, and is fully described as follows:

In general, the work shall include, but is not limited to: installation of acoustic panels, diffusers, and all necessary materials and devices for attaching said panels and diffusers on the interior walls and ceiling structure of the City’s Community Hall.

Such other items or details not mentioned above, but that are required by the Plans, or these Special Provisions shall be performed, placed, constructed, and/or installed for a complete project. Payment shall be included in the various items of work and no additional compensation shall be made.

Due to ongoing use of the Community Hall for special events on weekends the Contractor will be limited to working Monday through Thursday, with no work occurring Friday through Sunday.

The project site shall be cleaned and completely free of any construction debris by the end of the day every Thursday throughout the project’s duration. All materials, equipment, tools, scaffolding, portable lifts, etc. shall be securely stored outside of the Community Hall during the period of Friday through Sunday each week through the duration of the contract at Contractor’s sole expense.

Except for authorized changes in the work, payment for said complete-in-place finished work or improvement will be made only on the basis of the Contract item of work listed in the Proposal. All other work, including the furnishing of labor, materials, tools, equipment and incidentals, provided for in these Specifications and Contract, or required for the proper completion of the work as a whole, for which no separate payment has been provided shall be an obligation of the Contractor and payment therefore shall be considered included in the price paid for the various items of work listed in the Proposal and no additional compensation shall be made.

SECTION 5 CONSTRUCTION DETAILS
SECTION 5-1 GENERAL
5-1.01 ORDER OF WORK
All work under this project shall be scheduled, coordinated and executed as necessary to permit construction to be completed within the constraints of the project.

All operations shall be coordinated to eliminate any possibility of damage, or unnecessary removal, replacements and/or modifications to existing facilities or to facilities constructed under this project. 5-1.02 PROTECTION OF SITE AND PUBLIC
The Contractor shall exercise special caution against dangerous conditions and provide temporary barricades and fencing as may be necessary to protect the public. During construction within the area of work, barricades, signs, and other safety devices shall be used by the Contractor to protect the public adjacent to the work.

The Contractor shall abate dust nuisance by cleaning, sweeping, or other means as necessary during all phases of construction including weekends, holidays and any other times as necessary. Payment for dust control shall be considered as included in the price paid for all items listed in the Proposal and no additional compensation shall be made.

The Contractor shall provide necessary safeguards and shall exercise caution against injury or defacement of any existing site improvements and plantings. The Contractor shall be responsible for any damage resulting from his/her operations and shall repair or replace such damage at his/her own expense. Unless designated otherwise, all existing improvements shall be repaired or replaced, in kind, at the Contractor's expense.

The Contractor is to be responsible for any damage to the work which occurs before final acceptance. 5-1.03 INSPECTION AND CONTROL OF WORK
The Contractor's attention is directed to Section 5 of the State Standard Specifications. 5-1.04 FINAL INSPECTION AND CLEANUP
At the completion of the work, a final inspection will be made by the Project Manager or City Engineer. The Contractor will be responsible for final cleanup of the project area in accordance of the Provisions with Section 4-1.13 of the State Standard Specifications.
5-1.05 WORKMANSHIP
All work performed under this Contract shall be of the highest quality of the trade and the Contractor shall employ only workers who are skilled and thoroughly familiar with the type of improvements proposed. 5-1.06 PROGRESS SCHEDULE
A progress schedule shall be prepared by the Contractor for this Contract and shall be delivered to the Project Engineer or City Engineer at the pre-construction meeting. No work shall begin until the Progress Schedule has been approved by the City Engineer or Project Manager.

Such progress schedule (bar chart type or other) shall show coordination of major portions of the work including utility relocations/adjustments and other related work by others.

The Contractor shall schedule operations in cooperation with other Contractors and the utility companies to avoid unnecessary conflicts, delays, and disruptions to the progress of this project. Attention should be given to scheduling of all land disturbance activities in dry season (May 1 – Sept 30). 5-1.07 OBSTRUCTIONS
Attention is directed to Section 15, “Existing Facilities”, of the State Standard Specifications and these Special Provisions.
5-1.08 COORDINATION AND COOPERATION WITH CITY AND PUBLIC The Contractor shall be required to cooperate and work harmoniously with City staff, other City agents, and members of the public during the execution of this Contract. 5-1.09 EXAMINATION OF SITE
Before submitting a Bid, each Bidder shall carefully examine the Plans and Specifications relating hereto.

He/she shall also visit the site of the proposed work and shall fully inform himself/herself as to all the existing conditions relating to the construction and related labor so that he/she may fully understand the facilities, difficulties, restrictions attendant on the execution of the work, limitations applying to the work, and he/she shall estimate and include in his/her Bid a sum sufficient to cover the cost of all items which are required to attain the completed conditions contemplated in the project. 5-1.10 SUBMITTALS/DRAWINGS OF RECORD/CRITERIA FOR

FURNISHING PLANS AND SPECIFICATIONS TO CONTRACTOR
The Contractor shall review, stamp, and sign with his/her approval and submit, with promptness and in orderly sequence so as to cause no delay in the work or in the work of any Contractor, all shop drawings and samples required by the Contract Documents or subsequently by the City Engineer as covered by modifications. Shop drawings and samples shall be properly identified as specified, or as the City Engineer may require. At the time of submission, the Contractor shall especially inform the City Engineer in writing of any deviation in the shop drawings or samples from the requirements of the Contract Documents. (The mere inclusion of the information is not sufficient notice.)
Shop drawings, including manufacturer's literature, catalog cuts, or other printed material shall be entitled with the name of the product on each sheet and shall otherwise be identified by listing the particular Division, Section Article or reference of the work pertaining thereto. Differing items shall not be submitted on the same sheet.

For all shop drawings, submit one reproducible copy with one print of each drawing, rolled in a mailing tube and fully protected for shipment. Provide a clear space of sufficient size for stamping and comments on each shop drawing. For the purpose of these Specifications, a reproducible copy shall mean the original tracing or a legible, double-coated reproducible sepia print, positive side up.

The City Engineer shall annotate and stamp the reproducible and shall forward same to the Contractor’s printer, who shall make and return three prints plus the original tracing to the City Engineer. Additional prints required by the Contractor shall be forwarded to the Contractor. The cost of printing and mailing are the responsibility of the Contractor and no additional compensation shall be allowed therefore.

Unless otherwise specified, for standard manufactured items, submit three copies of manufacture's catalog or data sheets for each submission, showing illustrations of the item to be furnished, scaled details, sized, dimensions, performance characteristics, manufacturer’s installation instructions, and other pertinent information. One copy of a submission shall be returned to the Contractor approved by the City Engineer as noted on the documents. The City Engineer will retain one copy and the remaining one copy will be distributed to the City Inspector.

By approving and submitting shop drawings and samples, the Contractor thereby represents that he/she has determined and verified all field measurements, field construction criteria, materials, catalog number and similar data, or shall do so, and that he/she has checked and coordinated each shop drawing and sample with the requirements of the work and the Contract Documents.

Allow two weeks minimum for review. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. Allow one week for reprocessing each submittal.

No extension of Contract time will be authorized because of failure to transmit submittals sufficiently in advance of the work to permit processing.

The City Engineer shall review and approve any shop drawings and samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the project and with the information given in the Contract Documents. The City Engineer's approval of a separate item shall not indicate approval of an assembly in which the item functions.

The Contractor shall make any corrections required by the City Engineer and shall resubmit the required number of corrected copies of shop drawings or new samples until approved. The Contractor shall direct specific attention in writing or on resubmitted shop drawings to revisions other than the correction requested by the City Engineer on previous submissions. Corrected shop drawings shall be resubmitted in the same manner as called for above.

The City Engineer's approval of shop drawings or samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has specifically informed the City Engineer in writing of such deviation at the time of the submission, and the City Engineer has given written approval to the specified deviation; nor shall the City Engineer's approval relieve the Contractor form responsibility for errors or omissions in the shop drawings or samples.

No portion of the work requiring a shop drawing submission, including ordering of materials, shall be commenced until the submission has been approved by the City Engineer. All such portions of the work shall be in accordance with approved shop drawings and samples. Any work placed without submittals being made shall be replaced by Contractor at his/her own expense, if directed by the City Engineer. Whenever work is specified to conform to approved samples on file in the City Engineer’s Office, conformance shall be required in all respects and the City Engineer's decision in respect to such conformity shall be final.

Where Specifications require manufacturer's printed installation directions, submit duplicate copies of such directions for approval.

The Contractor shall provide and maintain an up-to-date complete "RECORD DRAWING" record on a separate set of construction Plans which shall show every change from the original drawings and Specifications.

Prints for this purpose may be obtained from the City Engineer. This set of drawings is to be kept on the site and to be used only as a record set.

These Plans shall also serve as work progress sheets, and the Contractor shall make neat and legible annotations thereon daily as the work proceeds, showing the work as actually installed. These drawings shall be available at all times for inspection and to be kept in a location designated by the City Engineer.

On or before the date of final inspection, the Contractor shall deliver the corrected and completed "RECORD DRAWING" to the City Engineer. Contractor shall furnish in duplicate two binders of all manufacturers' literature brochures, manuals, parts list, instructions, etc., for all electrical and mechanical equipment as required to be furnished and installed by the Contractor. Submissions of this literature in a haphazard method will not be acceptable. Failure to submit "RECORD DRAWING" shall be cause to withhold final payment and not accept the project.

The “Record Drawing” shall be accurate and up-to-date with approval of the City Engineer before each progress payment shall be made.
5-1.11 MATERIAL TESTING
The City of San Juan Bautista will not provide any appropriate material or product testing for the project.
5-1.12 ARBITRATION
In the event of a dispute as to whether the conditions materially differ or do involve hazardous waste, the Contractor shall continue to proceed with all work to be performed under the Contract and shall retain all rights provided either by Contract or by law which pertain to the resolution of any dispute or protest.

Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not later than 180 calendar days after the date of service in person or by mail on the Contractor of the final written decision by the Department of the claim. 5-1.13 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he/she shall have given the City Engineer due written notice of potential claim as hereinafter specified.

The written notice of potential claim shall be submitted to the City Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the City Engineer, or in all other cases within 15 CALENDAR DAYS after the happening of the event, things, occurrence, or other cause, giving rise to the potential claim.

It is the intention of this section that differences between the parties arising under and by virtue of the Contract are brought to the attention of the City Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.

Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the City that pertain to the potential claim, Contractor shall make its records of the project, as deemed by the City to be pertinent to the potential claim, available to the City for inspection and copying.

Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by owner, is a condition precedent to any action, proceeding, litigation, suit, or demand for arbitration by Contractor.
5-1.14 CLAIMS
Submission of a claim, properly certified with all required supporting documentation, and written rejection or denial of all or part of the claim by the City Engineer, is a condition precedent to any action, proceeding, litigation, suitor demand for arbitration by Contractor. The Contractor's attention is directed to Section 9-1.17D “Final Payment and Claims” of the State Standard Specifications.

Payment for graffiti, if required, shall be borne by the Contractor, and no additional compensation shall be therefore allowed.
5-1.15 PUBLIC CONTRACTS CODE 9204 PUBLIC WORKS PROJECT
Contract Dispute Procedures
Sections 9204(e) and (g) of the California Public Contract Code (“PCC”) provides that the text or a summary of PCC 9204, effective January 1, 2017, shall be included in the plans and specifications for any public works projects that may give rise to a claim under this section and that Section 9204 applies to contracts for public works projects entered into on or after January 1, 2017. In accordance therewith, City of San Juan Bautista hereby provides notice and includes the statutory text:
5-1.16 9204
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.
(b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.
(c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.
(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.
(B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally.

The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work, which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity, and if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. 5-1.17 CONSTRUCTION AREA SIGNS
If there is a requirement for financing sign, the Contractor shall install City furnished signs (City of San Juan Bautista financing signs) with new hardware and 4” x 6” pressure treated posts. Signs shall be picked up by the Contractor at a designated location to be named at a later date by the City Engineer.

The signs shall be installed near the entrance to the Community Hall and visible from the street as directed by the City Engineer. The Contractor shall remove the City signs when requested by the City Engineer and delivered to a designated location.

Full compensation for furnish and install all temporary construction area signs, hardware, and posts (including removal at end of project) complete in place shall include all labor, materials, tools, equipment, mounting brackets, braces, hardware, and other appurtenances required for a complete-in-place installation shall be paid under various contract items of work.
5-1.18 PROTECTION OF SITE AND PUBLIC SAFETY
The Contractor shall take all necessary precautions to prevent damage to the adjacent fencing, roadway, buildings, and other existing improvements, etc., during the progress of his/her work and shall be required to make any repairs resulting from his/her negligence, and no additional compensation shall be made.

Attention is directed to Section 7-1.03 “Public Convenience” and 7-1.04 “Public Safety” of the State Standard Specifications, and these Special Provisions. Safe and adequate pedestrian zones and crossing of work shall be maintained at all times unless otherwise approved by the City Engineer. 5-1.19 DUST CONTROL
Dust Control shall be as specified in Section 10-5 “Dust Control” of the State Standard Specifications, except as herein modified.

Payment for dust control shall be considered as included in the prices paid for the various Contract items of work as listed in the proposal, and therefore no additional compensation shall be allowed. 5-1.20 SCHEDULE OF VALUES
The Schedule of Values shall conform to the Provisions in Section 9-1.06B, of the State Standard Specifications, and these Special Provisions.

The City Engineer shall be furnished a Schedule of Values for each Contract Lump Sum item of work described within these Special Provisions and where noted in these Special Provisions.

The Schedule of Values shall be submitted to the City Engineer for approval within 15 CALENDAR DAYS after the Contract has been approved. The Schedule of Values shall be approved, in writing, by the City Engineer before any partial payment for any of the lump sum items of work shall be made. The Schedule of Values will be used to assist in determining appropriate value of partial work in the Contractor’s pay requests. 5-1.21 CHANGES IN WORK
For work done on a “Time and Materials” basis, the Contractor shall submit all required documents for a specific change within ten (10) calendar days of completing the work.

Outstanding proposals at the end of the project: The Contractor shall submit all outstanding proposals, in the specified format, within ten (10) calendar days of the date established as “Substantial Completion”. The City reserves the right to not process any proposals received after that date unless specifically agreed in advance. 5-1.22 CLEAN UP
Throughout all phases of construction including suspension of work and until final acceptance of the project by the City of San Juan Bautista Council, the Contractor shall keep the work site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public street and or City right-of-way shall not be permitted as a substitute for sweeping or other methods.

Failure of the Contractor to comply with the City Engineer’s clean up orders may result in an order to suspend the work until the condition is corrected. No additional compensation shall be allowed therefore as a result of such suspension.

SECTION 5-2 TECHNICALSPECIFICATIONS
5-2.01 ACOUSITICAL WALL PANELS
Acoustic wall panels are to be impact resistant wood fiber Armstrong Tectum Finale panels or approved equal and shall be rated minimum Noise Reduction Coefficient (NRC) 0.75 in type A mounting. The finish color of the panels shall be ‘natural’ in color. Mounting of panels on walls shall be per the manufacturer’s recommendation.

Acoustic wall panels shall comply with Chapter 8, Section 803 of the California Building Code. The Contractor shall ensure that the panel materials proposed for installation match and comply with the corresponding material type identified in Section 803. Panels shall be classified in accordance with NFPA 286 and comply with Section 803.1.1.1 of the Code. In addition, wall panels shall be classified in accordance with UL 273 (Class A).

Contractor shall submit Manufacturer’s specifications and performance information for proposed wall panels – and receive written City approval - before materials are brought on site. 5-2.02 ACOUSITICAL CEILING PANELS
Acoustic ceiling panels are to be impact resistant wood fiber Armstrong Tectum Finale panels or approved equal and shall be rated minimum Noise Reduction Coefficient (NRC) 0.60 in type A mounting. The finish color of the panels shall be ‘white’ in color. Panels are to be mounted directly to the ceiling (highest point of ceiling in Community Hall is approximately 26’ above floor). Mounting of panels on ceilings shall be per the manufacturer’s recommendation.

Acoustic ceiling panels shall comply with Chapter 8, Section 803 of the California Building Code. The Contractor shall ensure that the panel materials proposed for installation match and comply with the corresponding material type identified in Section 803. Panels shall be classified in accordance with NFPA 286 and comply with Section 803.1.1.1 of the Code. In addition, ceiling panels shall be classified in accordance with UL 273 (Class A).

Contractor shall submit Manufacturer’s specifications and performance information for proposed ceiling panels – and receive written City approval - before materials are brought on site. 5-2.03 QUADRATIC RESIDUE DIFFUSERS (QRD)
Quadratic Residue Diffusers shall be 4’ X 8’ minimum in size and constructed as shown on Drawing A1.4 or, as an alternate, acquired from a manufacturer preassembled or fabricated. If acquired from a manufacturer preassembled or fabricated the diffusers must be assembled in a manner that matches the dimensions of the QRD shown on Drawing A1.4. Quadratic Residue Diffusers shall be mechanically attached to the walls using screws. Neoprene pads or other similar padding shall be installed on the backs of the QRD’s to ensure they are snug against the wall. The QRD’s shall be firmly attached to the wall such that they do not rattle.

The QRD’s shall be finished with a wood stain if constructed or have a ‘natural’ finish similar to wall panels if acquired from a manufacturer.

Contractor shall submit Manufacturer’s specifications and performance information for proposed pre-fabricated diffusers for City approval before materials are brought on site. Should contractor propose to fabricate panels a shop drawing shall be submitted for review.
5-2.04 SECURED OFF-SITE STORAGE
Due to the ongoing use of the Community Hall on weekends during construction, the Hall must be clean and free of construction related material, equipment, tools, scaffolding, portable lifts, and protective measures by the end of the day, Thursday, of every week. The Contractor shall provide – at Contractor’s sole expense – sufficient secured storage for all said construction related items outside of Community Hall during the period of Friday through Sunday for the duration of the contract. Such storage must protect contents from the weather and provide security from theft and vandalism. Storage pods or containers can be placed on adjacent street with prior approval from the Project Manager or City Engineer as long as traffic is not impeded.

Once the project is complete, the Contractor shall remove all storage pods, containers, skids, etc. at the Contractor’s expense.

SECTION 6 BID ITEM DESCRIPTION
BID ITEM 1. MOBILIZATION
The lump sum amount paid for "Mobilization " shall be considered as full compensation for mobilization and demobilization as specified herein, including but not limited to notifications, building permit application, project records and documents, licenses, submitting diffuser shop drawings, submitting manufacturer’s details on panel specifications and recommended installation instructions for approval, replying to City Project Manager inquiries about submittals, re-submittals (if necessary), moving on the site any equipment required for the operations, acquiring materials, preparatory work, coordination and cooperation, inquiring information about other anticipated projects in the project areas and coordination to minimize delays, project meetings, providing on-site sanitary facilities, developing a temporary construction staging area, subcontractor insurance and bonds, Contractor insurance and bonds, development, demobilization and all other mobilization work, and no additional payment shall be allowed therefore. Mobilization bid amount shall not exceed 15% of total base bid. Contractor can request up to 75% of Mobilization bid amount with first progress payment.

BID ITEM 2. 4’ X 8’ ACOUSTICAL WALL PANELS (NRC 0.75)
The bid amount for installation of acoustic wall panels shall include the cost of acquiring panels (after approval of submittals by City Project Manager), mounting of panels according to manufacturer’s recommendations and City drawings, fastening hardware, and any incidentals required to install the panels. Bid amount also includes providing the means for installation of panels, such as ladders, scaffolding, etc, while preserving existing adjacent floor and wall finishes.

Payment of Bid Item 2. 4’ X 8’ Acoustical Wall Panels (NRC 0.75) shall include all labor, materials, and all other costs associated with the professional installation and completion of this work in full.

BID ITEM 3. 2’ X 8’ ACOUSTICAL WALL PANELS (NRC 0.75)
The bid amount for installation of acoustic wall panels shall include the cost of acquiring panels (after approval of submittals by City Project Manager), mounting of panels according to manufacturer’s recommendations and City drawings, fastening hardware, and any incidentals required to install the panels. Bid amount also includes providing the means for installation of panels, such as ladders, scaffolding, etc, while preserving existing adjacent floor and wall finishes. Six 2’ x 8’ panels shall be installed on the South Wall as shown on the plans. Four 2’ x 8’ panels shall be installed on walls at locations designated by the City Engineer or Project Manager.

Payment of Bid Item 3. 2’ X 8’ Acoustical Wall Panels (NRC 0.75) shall include all labor, materials, and all other costs associated with the professional installation and completion of this work in full.

BID ITEM 4. 2’ X 8’ ACOUSTICAL CEILING PANELS (NRC 0.60) The bid amount for installation of acoustic ceiling panels shall include the cost of acquiring panels (after approval of submittals by City Project Manager), mounting of panels according to manufacturer’s recommendations and City drawings, fastening hardware, and any incidentals required to install the panels. Bid amount also includes providing the means for installation of panels, such as ladders, scaffolding, portable lifts, etc, while preserving existing adjacent floor, ceiling, and wall finishes.

Payment of Bid Item 4. 2’ X 8’ Acoustical Ceiling Panels (NRC 0.60) shall include all labor, materials, and all other costs associated with the professional installation and completion of this work in full.

BID ITEM 5. QUADRATIC RESIDUE DIFFUSERS
The bid amount for installation of Quadratic Residue Diffusers shall include the cost of fabricating or acquiring diffusers (after approval of submittals by City Project Manager), mounting of diffusers according to manufacturer’s recommendations (if prefabricated by manufacturer) and City drawings, fastening hardware, and any incidentals required to install the diffusers. Bid amount also includes providing the means for installation of diffusers, such as ladders, scaffolding, etc, while preserving existing adjacent floor and wall finishes.

Payment of Bid Item 5. Quadratic Residue Diffusers shall include all labor, materials, and all other costs associated with the professional installation and completion of this work in full.

BID ITEM 6. SECURED OFF-SITE STORAGE
The lump-sum amount for installation of Secured Off-site Storage shall include the cost of providing off-site storage for all materials (panels, diffusers, installation hardware, adhesives, protective tarps, etc.), equipment, and tools such that the Community Hall is free of construction related material and equipment during the period of Friday through Sunday of each week for the duration of the Contract.

Payment of Bid Item 6. Secured Off-site Storage shall be made in accordance with the proportion complete based on the lump-sum price of this bid item, assisted by the Schedule of Values as determined by the City’s representative and shall include all labor, materials, and all other costs associated with the professional installation and completion of this work in full.

Appendix B
Plans
Table 1: Panel Schedule
North
Wall
South
Wall
East
Wall
West
Wall
Ceiling Wall as
Designated
4’ x 8’ Acoustical
Panel (NRC 0.75)
6 3 2 8
2’ x 8’ Acoustical
Panel (NRC 0.75)
6 4
2’ x 8’ Acoustical
Panel (NRC 0.60)
96 4’ x 8’ Quadratic
Diffuser
1 2 4
Page | 1 City Council Meeting Minutes (May 25, 2023)

SAN JUAN BAUTISTA CITY COUNCIL

SPECIAL MEETING

UNOFFICIAL MINUTES
MAY 25, 2023

1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 6:00 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista.

PLEDGE OF ALLEGIANCE
Councilmember Freels led the pledge of allegiance.

ROLL CALL Present:

Councilmember Scott Freels
Mayor Pro Tem John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan

Absent:

Staff Present:

Don Reynolds, City Manager
Robert Rathie, City Attorney
Brian Foucht, ACM/Community Development Director
Elizabeth Soto, CMC, CPMC, Deputy City Clerk
Sergeant Penney San Benito County Sheriff’s Office introduced Deputy Desi Villanueva, the newly dedicated Deputy to San Juan Bautista.

2. CONSENT
A. Approve the Affidavit of Posting Agenda.

B. Approve a RESOLUTION Authorizing Closure of Streets for Certain Special Events in 2023
No public comment received.

MOTION:

Upon motion by Councilmember Morris-Lopez, second by Mayor Pro Tem Freeman, the Consent Agenda was approved.

Page | 2 City Council Meeting Minutes (May 25, 2023)
AYES: Councilmembers: Freeman, Freels, Morris-Lopez, Sabathia, and Mayor Jordan. NOES:

None; ABSTAIN: None; ABSENT: None. Motion Carried.

3. DISCUSSION ITEMS
A. Review of the Draft Budget and Capital Improvement Plan for Fiscal Year 2023-2024 and Provide Direction to Staff Prior to Adoption at the June 13, 2023 Regular Meeting.

City Manager Don Reynolds provided an overview of the Draft Budget and Capital Improvement Plan for Fiscal Year 2023-2024. Mr. Reynolds that the draft budget was introduced at the May 16th meeting and the budget has been circulated to the Council for comments.

Existing City Initiatives
 Third Street Transformation (CIP 22.01 $552,140 - $300,000 grant pending) o Multi-Modal Transportation HUB Grant
o Component of a larger Economic Development Strategy
 Urban Growth Boundary/Sphere of Influence (CIP 21.11 $107,455 balance) o Back on track
o Heading soon towards LAFCO, General Plan Amendment
o Funding reserved for Municipal Services Report and CEQA  Public Safety (CIP 22.02 $200,000)
o Receiving informal bids on a Security Camera System
o Funding sufficient to begin this work
o Proposed Re-Org. of Public Safety – to manage this and other systems  Third Street Transformation (CIP 22.01 $552,140 - $300,000 grant pending) o Multi-Modal Transportation HUB Grant
o Component of a larger Economic Development Strategy
 Urban Growth Boundary/Sphere of Influence (CIP 21.11 $107,455 balance) o Back on track
o Heading soon towards LAFCO, General Plan Amendment Funding reserved for Municipal Services Report and CEQA
 Public Safety (CIP 22.02 $200,000)
o Receiving informal bids on a Security Camera System
o Funding sufficient to begin this work
o Proposed Re-Org. of Public Safety – to manage this and other systems o Funding new initiatives
General Fund Revenues projected to be down 15% - $2.3 million to $2.1 million Projected General Fund Expenses Decreased 11% - From $2.3 million to $2.107million Subsidy of Community Development ($224,022) - In support of special Long-Term projects Water and Sewer building reserves for debt service
 Reorganized Public Safety
 Reorganized City staff
Page | 3 City Council Meeting Minutes (May 25, 2023)
 Bolster Recreation
 Initiate Economic Development
 Capital Improvements
o Abbe Park Ball Field Lights
o Bolster up Community Hall Acoustics project
o Bolster up Luck Park Historical Improvements
o Fleet Electrification (3CE grant)
o Dias Lift Station (sewer fund)
The following members of the public commented on the report:

Rachelle Eagen
Mary Hsia-Coran
Councilmember Morris-Lopez expressed concerned regarding additional positions being requested and asked about the cameras that will be placed around the city.

There will be a request for bids. The cameras will be placed in the three entrances, water tank, and runabout.

Mayor Pro Tem Freeman reminded the council that there should be a dialogue about the cameras, at least in the big intersections, and added that he would be in support of the proposed Recreation Assistant.

Councilmember Sabathia stated that he is in support of the proposed Recreation Coordinator; in support of the Community services officer; and would like to see City Hall open for longer hours.

Councilmember Freels stated that he agreed in taking some of the responsibilities off of the city clerk duties; would like to see the city hall open; but is on the fence about adding an additional Maintenance position.

Mayor Jordan suggested closing city hall during the lunch hour in order to help with cash handling; would like to see that the ACM/Community Development Director focus on others stuff instead focusing on Code Enforcement issues; and was hesitant about adding an additional Public Works Maintenance worker.

The following member of the public commented on the report:

Armando Venegas
Mary Hsin-Coron
Mayor Pro Tem Freeman was in favor of the proposed Recreation position, and added that the cost could be offset by selling t-shirts.

Mayor Jordan asked if the proposed Recreation position would be working with the Senior and the Youth, and the VFW, and added that she would like to see the Recreation Specialist come back in 90 days to provide an update.

Page | 4 City Council Meeting Minutes (May 25, 2023)
The following members of the public commented on the report:

Mary Hsin-Coron
Rachelle Eagen
Estrella Esparza-Johnson
Capital Improvement Program (CIP)
 13 projects completed in FY 22/23
 Spent $1.5 million
 The total value of the 13 projects is $2.3 million
 Street Improvements, Park improvements, design the sewer force main, local business and non-profit grants, and water rate study
The FY 23/24 CIP has 31 projects at a total cost of $21 million  $18.7 million is for the Sanitary Sewer Force Main (award contract in July)  Adding funds to complete the Community Hall Acoustic project, and Luck Park Historic Project – a new roof for the Luck Gas Station
 Complete the upgrade to the Dias Lift Station (Sewer Fund)  Abbe Park- new project requesting $150,000 for ball field lights  Electrify Fleet – new project using 3CE funds for power charging and vehicle acquisition The following members of the public commented on the report:

Teresa Lavagnino
One Time Funding from the General Fund Reserve for Special Initiatives  Intended to be a catalyst to ignite new programs
 Leaves the General Fund Reserve with 10-months of funding - Reduction from $2.263 million (12.5 months) to $1.898 million (10 months); well above the 2.5-month Reserve Policy
City Manager Reynolds stated that based on the City Manger’s Budget Message included in the May 16, 2023 Agenda, and following the introduction of the City draft budget, there is room for limited growth in the new Fiscal Year 23/24. The City’s General Fund Reserve is very strong at more than $3 million. There are significant savings in the current year to off-set losses in other funding sources. Staff has been directed to consider the re-organization of the City Clerk’s duties, and has taken the initiative to consider re-organization of Public Safety. The City needs to update and strengthen its Historic Preservation tools, and needs to support its new endeavor to build a Recreation program. Staff considerations address these matters as are summarized in this report.

The City Council was in support of eliminating private security and adding two new full-time positions: Public Safety Coordinator and Community Service Officer; General Government – add a part time Office Assistant.

The City Council was not in support of a full time Maintenance Worker nor a adding a part time Economic Development Specialist.

Page | 5 City Council Meeting Minutes (May 25, 2023)
Councilmember Sabathia requested there we more dialogue regarding the reorganization. City Manager Reynolds stated that we would need another meeting to discuss the organization chart, proposed positions, timeline when we were eliminating the Code Enforcement position, and reduction of those hours, and timeline in losing and adding positions.

Council thanked staff for an interactive and informative meeting.

The following members of the public commented on the report:

Rachelle Eagen
Mary Hsia-Coron
Councilmember Freels stated that he was not in support of donating 14,000 to one organization and was concerned and how many kids from San Juan would attend.

Mayor Pro Tem Freeman stated that he is in favor of supporting the summer youth program.

4. ADJOURNMENT
There being no further business, Mayor Jordan adjourned the meeting at 9:04 p.m. Motion to adjourn by Mayor Pro Tem Freeman, second by Councilmember Sabathia.

APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
_______________________________
Elizabeth Soto, Deputy City Clerk
Page | 1 City Council Meeting Minutes (June 2, 2023)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MEETINGS
JUNE 2, 2023

CALL TO ORDER
Mayor Jordan convened the Special Community Town Hall meeting at 5:02 p.m. in the San Juan Bautista Public Library, 801 Second Street.

PLEDGE OF ALLEGIANCE
ROLL CALL Present:

Councilmember Scott Freels
Mayor Pro John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan
Chair Jose Aranda (Planning Commission)

Also Present:

Don Reynolds, City Manager
Brian Foucht, ACM/Community Dev Director
Elizabeth Soto, Deputy City Clerk

PUBLIC COMMENT
No public comment received.

POWERPOINT REVIEW ON IMPLEMENTATION STRATEGIES AND QUICK

REVIEW OF FINAL SURVEY RESULTS
Stacey Bristow, Citygate Associates, LLC, reviewed the implementation strategies and reviewed the survey results Citygate conducted, and answered questions from the council and the public.

Updated Confidential Community Survey Data
 Both quantitative and qualitative questions
 Community 3.8% (7.3%) return (Above Average)
 Staff 75% return (Well Above Average)
 81 responses as of 4/7/23 | 158 Responses as of 4/27/23 Top 10 Priorities (new data)
 Water Quality – Most significant as #1/#2
Page | 2 City Council Meeting Minutes (June 2, 2023)
 Roads and Streets and Sidewalks and Curbs
 *Economic Development
 Water Costs + Water (unspecified)
 *Business Friendliness (+ Downtown Improvement
 Crime & Safety
 Schools
 *Youth Recreation | Development
 *Cleanliness / Vacant Lots / Blight
 Sewers Service Quality + Sewers (unspecified)
 Communications/Responsiveness w/City
Top 10 Biggest Concerns (new)
 Staff or Leadership Capability
 Water Quality + Water Unspecified
 Growing too fast
 Water Cost
 Infrastructure
 Sewer Services Costs & Roads and Streets
 Schools
 Growing too slow– 60% moderate to slow growth ok (0 at not at all/very fast, 15% no opinion, 23% very slow)
 Economic Development
REVIEW AND DISCUSSION 5-YEAR STRATEGIC/GENERAL PLAN UPDATE AND

IMPLEMENTATION SESSION
Stacey Bristow, Citygate Associates, LLC, reviewed and discussed the 5 year Strategic/General Plan update and answered questions from the council and the public.

Quantitative Studies – Fail Facts in Execution

1. Minimal investment/buy-In to aligning with the new plan

2. Lack of clear consistent communication from leadership

3. Add-Ons – Adding to staff’s workload while nothing taken away (HBR, 2022)

4. Lack of accountability (both ways)

5. Lack of patience

6. Staff’s lack of clarity on the strategy

7. *Everything is a priority syndrome (my issues first and now)

8. No true allocation of resources

9. Lack of perceived fairness (recognition, rewards)

10. Lack of fostering innovation by leadership

11. Was the right approach utilized in the execution

12. Some failures are success

13. Lack of understanding the real problem (HBR)

14. Understanding organizational capabilities (HBR)

15. Lack of understanding cultural landscape (if they did it before will they do it again?) Page | 3 City Council Meeting Minutes (June 2, 2023)

WRAP UP
Stacey Bristow, Citygate Associates, LLC, reviewed the core values, Council priorities, the mission statement and the vision statement for the City San Juan Bautista.

Values | Priorities | Mission | Vision
Core Values: Collaboration | Honesty | Resourcefulness |Accountability | Integrity Council Priorities: Fiscal stability | Infrastructure | Economic Development | Public Safety (Disaster Preparedness / Code Enforcement) | Communication | General Plan | Parks and Recreation
Mission: The City of SJB strives to provide exceptional service to the community by fostering a sustainable economy, while preserving its uniqueness through collaboration, honesty, and resourcefulness.

Vision: San Juan Bautista is a vibrant, thriving community who strives to tell its complete history & cultural heritage while honoring the needs of its residents & businesses. San Juan offers the world a unique destination amidst boundless natural beauty, open space & agricultural resources.

ADJOURNMENT
There being no other business, Mayor Jordan adjourned the meeting at 7:01 p.m.

APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Page | 1 City Council Meeting Minutes (June 3, 2023)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MEETINGS
JUNE 3, 2023

CALL TO ORDER
Mayor Jordan convened the Special Implementation Planning Session at 9:00 a.m. in the San Juan Bautista Public Library, 801 Second Street.

PLEDGE OF ALLEGIANCE
ROLL CALL Present:

Councilmember Scott Freels
Mayor Pro John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan
Chair Jose Aranda (Planning Commission)
Also Present:

Don Reynolds, City Manager
Brian Foucht, ACM/Community Dev Director
Elizabeth Soto, Deputy City Clerk

PUBLIC COMMENT
No public comment received.

Welcome and Call to Order
City Manager Don Reynolds welcomed the City Council and members of the public to the Special Implementation Planning Session and introduced Stacey Bristow, Senior Associate for Citygate Associates, LLC.

EXECUTIVE COMMUNICATIONS
Ms. Bristow conducted an executive leadership and communication training with the City Manager, Assistant City Manager, and City Council and reviewed the following modules:
 Innovation in Government
 Understanding Belief Systems and Stories
 Communication and Success Signals
 Leadership Practices and Statements
 Roles and Responsibilities
 Service Philosophy Development
Page | 2 City Council Meeting Minutes (June 3, 2023)
 Support Structures
 Messaging and Branding
 Self-Accountability
 Best Practices Helpful Hints
Lunch break 12:00 p.m. – 1:00 p.m.

WRAP UP
Ms. Bristow reviewed the Five-Year Priority Implementation Plan Worksheet with the City Council, staff and community members and discussed, debated, and determined goals and priorities for the City. The City Council discussed the accountability measures and timelines of the priority implementation worksheet.

The City Council reviewed and discussed the Priority Implementation Plan Worksheet Priorities as follows:
 Land Use (Growth / Zoning)
 Economic Development
 Public Safety
 Infrastructure
 Youth and Senior Recreation Activities (Park and Rec)  Communications
 City Hal and Staff
 Budget
 Maintenance of Parks and Open Space
 Promotion of Public Open Space
 Maintenance of historic and cultural parks and open space  Noise Programs
 State Route 156 Noise
 Neighborhood Streets
 Disaster Preparedness (Flood related hazards)
 Uran and Wildlands Fire Hazards
 Healthy Environment for the Youth
Ms. Bristow, reviewed the implementation strategies and answered questions from the council and the public.

ADJOURNMENT
There being no other business, Mayor Jordan adjourned the meeting at 3:02 p.m.

Page | 3 City Council Meeting Minutes (June 3, 2023)
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Page | 1 City Council Meeting Minutes (June 6, 2023)

SAN JUAN BAUTISTA CITY COUNCIL

SPECIAL MEETING

UNOFFICIAL MINUTES
JUNE 6, 2023

1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 4:02 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista, California.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Freeman led the pledge of allegiance.

ROLL CALL Present:

Mayor Pro Tem John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan

Absent:

Councilmember Scott Freels
Staff Present:

Don Reynolds, City Manager
Robert Rathie, City Attorney
Brian Foucht, ACM/Community Development Director
Elizabeth Soto, CMC, CPMC, Deputy City Clerk

2. CONSENT
A. Approve the Affidavit of Posting Agenda.

B. Rescind Resolution No. 2023-28 and Approve Resolution No. 2023-XX Permitting the Use within the City Only Between Noon and 10:00 p.m. on July 4, 2023, only on Private Property for which the Owner has Given Prior Permission; and Authorizing Anzar High School Boosters Club to Sell Approve Fireworks Within the City for the July 4, 2023 Holiday.

MOTION:

Upon motion by Councilmember Morris-Lopez, second by Councilmember Sabathia, Consent Agenda, item A was approved.

AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Jordan. NOES: None; ABSTAIN: None; ABSENT: Councilmember Freels. Motion Carried.

The following members of the public commented on Consent item B:

Page | 2 City Council Meeting Minutes (June 6, 2023)
Angela Firpo - opposed to fireworks
Chris Martorana - opposed to fireworks
MOTION:

Upon motion by Mayor Pro Tem Freeman, second by Councilmember Sabathia, Consent Agenda, item B was approved.

AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Jordan. NOES: None; ABSTAIN: None; ABSENT: Councilmember Freels. Motion Carried.

3. DISCUSSION ITEMS
A. Discuss Recommended Changes to the Draft FY 2023-2024 Budget, Discussed on May 25, 2023, and Introduced on May 16, 2023.

City Manager Don Reynolds and Wendy Cummings, CPA provided an overview of the updated Draft Budget and Capital Improvement Plan for Fiscal Year 2023-2023. Mr. Reynolds reviewed the changes that were discussed at the two budget meetings held on May 16 and May 25, 2023.

The Draft FY 2023-2024 Budget was introduced at the May 16, 2023 City Council meeting.

General Fund Revenues projected to be down 15%
$2.3 million to $2.1 million
Projected General Fund Expenses Decreased 11%
From $2.3 million to $2.107million
Subsidy of Community Development ($224,022)
In support of special Long-Term projects
Water and Sewer building reserves for debt service
The City Council during their May 25, 2023 Budget meeting recommended several initiatives from the Strategic Planning Session.
 Reorganize Public Safety
o Add Full time Public Safety Coordinator
o Add Full time Community Services Officer
o Eliminate Private Security
 Reorganize City general services
o Add PT Administrative Assistant
 Bolster Recreation
 Economic Development
Capital Improvements
 Abbe Park Ball Field Lights
 Bolster up Community Hall Acoustics project
 Bolster up Luck Park Historical Improvements
 Fleet Electrification (3CE grant)
 Dias Lift Station (sewer fund)
Page | 3 City Council Meeting Minutes (June 6, 2023)
The City Council was in support of reclassifying the Library Lead position to a Librarian I.

City Manager Reynolds reviewed the Capital Improvement Budget for FY 2023-24 and fielded questions from the Council.

No public comment received.

4. ADJOURNMENT
There being no further business, Mayor Jordan adjourned the meeting at 5:30 p.m. Motion to adjourn by Councilmember Sabathia, second by Councilmember Morris-Lopez.

APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
_______________________________
Elizabeth Soto, Deputy City Clerk
Page | 1 City Council Meeting Minutes (June 13, 2023)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MINUTES
JUNE 13, 2023

1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 6:01 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista, California.

PLEDGE OF ALLEGIANCE
Councilmember Freels led the pledge of allegiance.

ROLL CALL Present:

Councilmember Scott Freels
Mayor Pro Tem John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Leslie Q. Jordan

Absent:

Staff Present:

Don Reynolds, City Manager
Robert Rathie, City Attorney
Elizabeth Soto, CMC, CPMC, Deputy City Clerk

2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
a. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Manager.

Closes Session was tabled to next meeting due to technical difficulties.

PUBLIC COMMENT
No public comment received.

3. PUBLIC HEARING
A. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 i. Approve a RESOLUTION of the City Council of the City of San Juan Bautista Confirming a Diagram and Levy an Assessment for Fiscal Year 2023-2024; ii. Approve a RESOLUTION of the City Council of the City of San Juan Bautista Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges.

City Manager Don Reynolds provided the report.

Mayor opened the public hearing.

Received public comment from the following member of the public:

Ida Pisano requested that when a Request for Proposals for a landscaping company be sent out to members of community.

Page | 2 City Council Meeting Minutes (June 13, 2023)
Mayor closed the public hearing.

MOTION:

Upon motion by Mayor Pro Tem Freeman, second by Councilmember Sabathia, RESOLUTION 2023- 38 of the City Council of the City of San Juan Bautista Confirming a Diagram and Levy an Assessment for Fiscal Year 2023-2024, was approved.

AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None. Motion Carried.

MOTION:

Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION 2023-39 of the City Council of the City of San Juan Bautista Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges, was approved.

AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None; ABSTAIN: None; ABSENT: None. Motion Carried.

4. CONSENT
A. Approve the Affidavit of Posting Agenda.

B. Waive the Reading of Ordinances and Resolutions on the Agenda Beyond the Title.

C. Approve a RESOLUTION 2023-40 Confirming the Continued Existence of Two Local Emergencies Related to Excessive Winter Storms Affecting the City of San Juan Bautista.

D. Approve a RESOLUTION 2023-41 of the City Council of the City of San Juan Bautista Adopting a City Holiday Schedule for Fiscal Year 2023-2024.

E. Approve a RESOLUTION 2023-42 of the City Council of the City of San Juan Bautista Approving a New Lease for a Photocopier in City Hall, and Authorize the City Manager to Enter into a lease Agreement, with Cannon Solutions America, Inc. (“CSA”), for a five-year term.

F. Approve the Regular Meeting Minutes of March 21, 2023.

G. Approve the Strategic Planning Session Meeting Minutes of April 14, 2023.

H. Approve the Community Town Hall Meeting Minutes of April 15, 2023.

I. Approve the Regular Meeting Minutes of April 18, 2023.

J. Approve the Regular Meeting Minutes of May 16, 2023.

MOTION:

Upon motion by Councilmember Freels, second by Councilmember Sabathia, Consent Agenda, items A-J, was approved.

AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None; ABSTAIN: None; ABSENT: None. Motion Carried.

5. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees The City Council reported on the meetings that they attended.

Page | 3 City Council Meeting Minutes (June 13, 2023)
B. City Council Announcements
Councilmember Freels announced that John Thomas Jensen Jr. (JT) passed away in May and there will be a celebration of life for him on June 17th, and congratulated Hollister High School Varsity Softball team for being ranked number one in the state of California and 5 in the nation. Mayor Jordan announced the Rotary’s First Annual rainbow run will be June 17th; City of Hollister Pride Celebration, June 25th; on June 30 there will be an Inauguration of the 71st Speaker of the California State, Robert Rivas.

C. Treasurer’s Report and Monthly Financial Statements
Wendy Cummings, CPA presented the report and Monthly Financial Statements.

No public comment.

D. City Manager’s Report
City Manager Don Reynolds provided a report and PowerPoint presentation.

No public comment.
a. Fire Department Update –
Receive Report from Chief Martin Del Campo provided an update No public comment received.
b. Sheriff Department Update –
No report provided.

6. DISCUSSION ITEMS
A. Discuss the Acceptance of an Award of a $50,000 Grant for Youth Mentoring from the National Park and Recreation Association (“NRPA”).

Receive Report from City Manager Don Reynolds
The City Council expressed concerned about the grant and the way it came about. The City council was in favor of not continuing with the grant and do advance planning.

Mayor Pro Tem was in favor of investigating further and see if it is something that can be worked into the city’s program.

No public comment received.

B. Discuss First Annual Report of the Economic Development Citizen Advisory Committee (EDCAC) - a Standing Committee of the City Council for Business Improvement, Resiliency, and Overall Community Economic Development.

Assistant City Manager/Community Development Director Brian Foucht introduced Teresa Lavagnino, who provided a PowerPoint presentation.

No public comment received.

Councilmember Sabathia left at 7:30 p.m., and rejoined the meeting at 8:00 p.m.

Page | 4 City Council Meeting Minutes (June 13, 2023)
C. Discuss the Status of the Urban Growth Boundary/Sphere Of Influence Ad Hoc Committee and Potential Brown Act Violation.

Receive Report from City Manager Don Reynolds and City Attorney Rathie.

No public comment received.

7. ACTION ITEMS
A. Operational and Capital Improvement Budgets for Fiscal Year Fiscal Year 2023-2024 Receive Report from City Manager Don Reynolds
No public comment received.

MOTION:

Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION 2023- 43 of the City Council of the City of San Juan Bautista Fiscal Year 2023-2024 Budget and Capital Improvement Plan, was approved.

AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None. Motion Carried.

B. Adopt a List of Projects for Fiscal Year 2023-24 Funded By SB 1: The Road Repair and Accountability Act of 2017
City Manager Don Reynolds provided report and fielded questions from the Council.

No public comment received.

MOTION:

Upon motion by Councilmember Sabathia, second by Councilmember Freels, RESOLUTION 2023- 44 of the City Council of the City of San Juan Bautista List of Projects for Fiscal Year 2023-24 Funded By SB 1: The Road Repair And Accountability Act Of 2017, was approved.

AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: None. Motion Carried.

8. ADJOURNMENT
Motion to adjourn by Councilmember Sabathia, second by Mayor Pro Tem Freeman. All in favor.

There being no other business, Mayor Jordan adjourned the meeting at 9:42 p.m.

APPROVED:
______________________
Leslie Q. Jordan, Mayor
Page | 5 City Council Meeting Minutes (June 13, 2023)
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Item: 5.A
City Council Meeting
July 18, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: JULY 18, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: RESOLUTION FOR APROVAL OF THE ANNUAL LEVY
CFD NO. 2018-01 (“COPPERLEAF” AND “RANCHO
VISTA” NEIGHBORHOODS)
RECOMMENDED MOTION:

It is recommended that the City Council:
1) Open public comment and accept input from the public and consider any comments or questions; and
.
2) Receive a motion to adopt a Resolution Levying the Annual Special Tax for Fiscal Year 2023/24 for Community Facilities District No. 2018-01.

RECOMMENDATION:

It is recommended that the City Council adopt the attached Resolution, increasing the annual levy of special assessments in Fiscal Year 2023/24 for CFD 2018-01 as follows:

Increase Zone 1 (Copperleaf), from $487.68 to $514.98, and Increase Zone 2 (Rancho Vista), from $768.50 to $793.86.

EXECUTIVE SUMMARY:

The CFD assessments are paid by each property owner to the County Tax Assessor when the property taxes are paid, and then sent to the City to use to manage the District. These funds have an accounting separate from all other funds, subject to annual review and required to submit an annual report each year.

The CFD Formation report allows for an annual cost-of-living increase and recommends the preferred reserves for each Zone. When reserves are sufficient, the annual cost-of-living increase can be less than the actual inflation rate. Last year the Assessments were not increased but FY 21/22 inflation rate was 4%. This past year, the cost-of-living increased 5.59%.

Page | 2
It is recommended that the Assessment for Zone 1 Copperleaf be increased 5.59%, or $22.30, from $487.68 to $514.98.

It is recommended that Zone 2 Rancho Vista be increased 3.3%, or $25.36 from $768.50 to $793.86.

BACKGROUND:

When the City approves the conditions for a new development, it requires that a service district (Community Facilities District or “CFD”) be established to collect funds from each property owner, and use these funds (“Assessments”) to maintain those common public improvements unique and special to each new community. This includes, but is not limited to, the weekly landscape maintenance, street lighting, streets, and sidewalks. The allowed uses for the funds are defined in the CFD Formation Report provided on the City’s website and made part of the attached proposed Resolution.

On October 16, 2018 the City Council officially formed San Juan Bautista Community Facilities District No. 2018-01 in order to levy a special tax to fund the public services (the “Services”) required to maintain certain public improvements within the boundaries of the CFD pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 and following) (the “Act”). Both the Copperleaf and Rancho Vista maintenance programs are part of this one district but the costs are estimated separately referred to as “Zone 1” and “Zone 2” respectively.

At the time the District was formed, a “maximum special tax” for each tax area was calculated. In FY 22/23, the rates were set at these maximum rates:

Zone 1 Copperleaf has a maximum tax of $934.39
Zone 2 Rancho Vista has a maximum tax of $1,193.29
In FY 23/24, these maximum rates increased as follows:

Zone 1 Copperleaf has a maximum tax of $986.80
Zone 2 Rancho Vista has a maximum tax of $1,260.09
Before these improvements are built, the Developer deposits a performance bond equal to the estimated cost of the improvements in the Formation Report. This bond is leveraged by the City to assure that these improvements are built to City Engineer’s standards. When accepted by the City, the District and the City then assume responsibility for maintaining the improvements. “Partial Acceptance” can happen when only some of the improvements have been completed (i.e., building a roundabout, stormwater system improvements). If the developer fails to maintain the improvements before the City accepts them, the District can step in before they fall apart.

Over the past three years, the assessments have been building their reserves. This allows for Assessments to be less than the maximum recommended rate. In FY 21/22 Zone 1 was taxed Item: 5.A
City Council Meeting
July 18, 2023
Page | 3
$487.68 ($15.82 increase), and Zone 2 was taxed $768.50 ($90.18 increase). For FY 22/23, there was no increase to either Zone.

DISUCSSION
Costs associated with these two CFD’s are split into Operational budgets and Capital Improvement budgets, as provided in the second Attachment. There is a 20% administrative fee for each Zone based on the Operational Budget estimate. Reserves for the Operational Budget are recommended to be 10% of the estimated cost. The Capital Reserves are recommended to be 50% of annual costs after the first five years.

Inflation continues to grow at a pace faster than the 5% increase maximum. For this reason, it is recommended that small increases be considered for FY 23/24. A 5.9% increase is applied to the Operational budgets, each district would need to increases its assessment accordingly to breakeven:

Zone 1 Copperleaf is recommended to be increased 5.59%, or $22.30, from $487.68 to $514.98.

Zone 2 Rancho Vista is recommended to be increased 3.3%, or $25.36 from $768.50 to $793.86.

Copperleaf’s Operational reserves are solid increasing from $4,700 to an estimated $7,800 by June 30, 2024. This exceeds 10% of the annual operational expenses (estimated to be $13,000 in FY 23/24). The Operational reserves in Rancho Vista’s CFD were $7,650 in FY 21/12, and are estimated to be $12,000 by June 30, 2024. This exceeds the 10% recommended for the operation reserve, with an annual Operation expense for FY 23/24 estimated to be $30,000.

Copperleaf’s Capital Reserves have increased $22,500 to $33,482 by June 30, 2024. Rancho Vista’s Capital Reserves have increased from $83,000 to $108,900 by June 30, 2024.

These budgets and proposed increases were shared in two community meetings held May 18 and May 31, 2023. These two meetings were a good opportunity to discuss a variety of issues, in addition to the need to increase the Assessments. Several Councilmembers attended as well.

FISCAL IMPACT:

No fiscal impact to the City of San Juan Bautista.

ATTACHMENTS:

1. Resolution Approving the Levy of Taxes for the CFD

2. Budgets for Zone 1 (Copperleaf) and Zone 2 (Rancho Vista) RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA

LEVYING THE ANNUAL SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2018-01 FOR FISCAL YEAR 2023/24
WHEREAS, the City Council of the City of San Juan Bautista, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). Said special tax district is known and designated as Community Facilities District No. 2018-01 (the “CFD”).

WHEREAS, CFD 2018-01 currently serves two communities; the Copperleaf community known as “Zone 1,” and; the Rancho Vista community known as “Zone 2.”

NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL AS FOLLOWS:

SECTION 1. That the above recitals are true and correct.

SECTION 2. The specific special tax to be collected for the CFD, for Fiscal Year 2023//24 is hereby determined and established as shown on the attached special tax rolls for each of the two Tax Zones.

SECTION 3. The special tax as set forth on said attachment does not exceed the amount as previously authorized by Ordinance of this City Council and is not in excess of that as previously approved by the individual electors of the CFD, and is in compliance with the provisions of Proposition 218, Section XIII C of the California Constitution.

SECTION 4. The proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, and shall not be used for any other purpose:
• Landscape Maintenance
• Park Maintenance
• Recreational Equipment
• Street and Sidewalk Maintenance
• Curb & Gutter Maintenance
• Street Lighting Maintenance
• Storm Drain Maintenance
• Sound Wall Maintenance
• Fencing
• Graffiti Abatement
• Mosquito Abatement
SECTION 5. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and sale in cases of delinquent ad valorem taxes, and the Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting said special tax.

SECTION 6. All monies collected shall be paid into a fund for the CFD, including any reserve amounts.

SECTION 7. The County Auditor-Controller is hereby directed to enter in the next County assessment roll on which property taxes will become due, opposite each lot or parcel of land affected in a space marked “public service” or “special tax”, or by any other suitable designation, the installment of the special tax and the exact amount of the special tax as submitted.

SECTION 5. The County Auditor-Controller shall then, at the close of the tax collection period, provide a detailed report showing the parcels and corresponding special tax amounts.

PASSED, APPROVED AND ADOPTED this 18th day of July, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________
Leslie Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto Deputy City Clerk
2023/24 SPECIAL TAX ROLL FOR TAX ZONE 1 (COPPERLEAF)
2023/24 2023/24
APN Lot Special Tax APN Lot Special Tax
002-610-007 1 $514.98 002-610-030 24 $514.98
002-610-008 2 $514.98 002-610-031 25 $514.98
002-610-009 3 $514.98 002-610-032 26 $514.98
002-610-010 4 $514.98 002-610-033 27 $514.98
002-610-011 5 $514.98 002-610-034 28 $514.98
002-610-012 6 $514.98 002-610-035 29 $514.98
002-610-013 7 $514.98 002-610-036 30 $514.98
002-610-014 8 $514.98 002-610-037 31 $514.98
002-610-015 9 $514.98 002-610-038 32 $514.98
002-610-016 10 $514.98 002-610-039 33 $514.98
002-610-017 11 $514.98 002-610-040 34 $514.98
002-610-018 12 $514.98 002-610-041 35 $514.98
002-610-019 13 $514.98 002-610-042 36 $514.98
002-610-020 14 $514.98 002-610-043 37 $514.98
002-610-021 15 $514.98 002-610-044 38 $514.98
002-610-022 16 $514.98 002-610-045 39 $514.98
002-610-023 17 $514.98 002-610-046 40 $514.98
002-610-024 18 $514.98 002-610-047 41 $514.98
002-610-025 19 $514.98 002-610-048 42 $514.98
002-610-026 20 $514.98 002-610-049 43 $514.98
002-610-027 21 $514.98 002-610-050 44 $514.98
002-610-028 22 $514.98 002-610-051 45 $514.98
002-610-029 23 $514.98 $23,174.10
2023/24 SPECIAL TAX ROLL FOR TAX ZONE 2 (RANCHO VISTA)
2023/24 2023/24
APN Lot Special Tax APN Lot Special Tax
002-620-001 11 $793.86 002-620-047 57 $793.86
002-620-002 10 $793.86 002-620-048 58 $793.86
002-620-003 9 $793.86 002-620-049 Basin $0.00
002-620-004 8 $793.86 002-620-051 Park $0.00
002-620-005 7 $793.86 002-620-052 4 $793.86
002-620-006 6 $793.86 002-620-053 3 $793.86
002-620-007 5 $793.86 002-620-054 2 $793.86
002-620-008 12 $793.86 002-620-055 1 $793.86
002-620-009 13 $793.86 002-620-056 50 $793.86
002-620-010 14 $793.86 002-620-057 49 $793.86
002-620-011 15 $793.86 002-620-058 48 $793.86
002-620-012 16 $793.86 002-620-059 53 $793.86
002-620-013 17 $793.86 002-620-060 52 $793.86
002-620-014 18 $793.86 002-620-061 51 $793.86
002-620-015 19 $793.86 002-620-062 N/A $0.00
002-620-016 20 $793.86 002-220-012 75 $793.86
002-620-017 21 $793.86 002-220-013 74 $793.86
002-620-018 22 $793.86 002-220-014 73 $793.86
002-620-019 23 $793.86 002-220-015 72 $793.86
002-620-020 24 $793.86 002-220-016 71 $793.86
002-620-021 25 $793.86 002-220-017 70 $793.86
002-620-022 26 $793.86 002-220-018 80 $793.86
002-620-023 27 $793.86 002-220-019 79 $793.86
002-620-024 28 $793.86 002-220-020 78 $793.86
002-620-025 29 $793.86 002-220-021 77 $793.86
002-620-026 30 $793.86 002-220-022 76 $793.86
002-620-027 31 $793.86 002-220-023 C $0.00
002-620-028 32 $793.86 002-220-024 81 $793.86
002-620-029 33 $793.86 002-220-025 82 $793.86
002-620-030 34 $793.86 002-220-026 83 $793.86
002-620-031 35 $793.86 002-220-027 84 $793.86
002-620-032 36 $793.86 002-220-028 85 $793.86
002-620-033 37 $793.86 002-220-029 D $0.00
002-620-034 38 $793.86 002-220-030 59 $793.86
002-620-035 39 $793.86 002-220-031 60 $793.86
002-620-036 40 $793.86 002-220-032 61 $793.86
002-620-037 41 $793.86 002-220-033 62 $793.86
002-620-038 42 $793.86 002-220-034 63 $793.86
002-620-039 43 $793.86 002-220-035 64 $793.86
002-620-040 44 $793.86 002-220-036 69 $793.86
002-620-041 45 $793.86 002-220-037 68 $793.86
002-620-042 46 $793.86 002-220-038 67 $793.86
002-620-043 47 $793.86 002-220-039 66 $793.86
002-620-044 54 $793.86 002-220-040 65 $793.86
002-620-045 55 $793.86 002-220-041 E $0.00
002-620-046 56 $793.86 002-220-042 G $0.00
$67,478.10
All permits have been issued, as of June 15, 2020

5.59% CPI increase not fully applied for 2023
85 taxable parcels
Fiscal Year 2023/24 Cost Estimate Summary - Copperleaf
Item Cost
Maintenance
Landscape Maintenance $11,116.77
Street Lighting Maintenance $822.66
Street Maintenance $1,202.35
Rounding Adjustment $0.30
Total Maintenance Cost $13,142.09
Administrative Cost $2,628.42
Reserves
Operating Reserve (10% of Total Maintenance Cost) $1,577.05 Annual Capital Replacement Reserve 5,826.54
Total Reserves $7,403.60
Total Estimated Special Tax Amount - Fiscal Year 2023/24 $23,174.10 Total Number of Developed Single Family Parcels 45
Fiscal Year 2023/24 Applied Special Tax per Parcel $514.98 Fiscal Year 2023/24 Maximum Special Tax per Parcel $986.80 Operating Reserve Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2023) $6,190.42 2023/24 Operating Reserve Fund Collection/(Reduction) $1,577.05 Estimated Reserve Fund Ending Balance (6/30/2024) $7,767.47 Capital Replacement Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2023) $27,655.16 2023/24 Contribution to Capital Replacement $5,826.54
Estimated Reserve Fund Ending Balance (6/30/2024) $33,481.70 City of San Juan Bautista
Community Facilities District No. 2018-01
Fiscal Year 2023/24 Cost Estimate Summary - Rancho Vista Item Cost
Maintenance
Landscape Maintenance $25,612.17
Street Lighting Maintenance $2,434.86
Street Maintenance $2,768.45
Rounding Adjustment $0.12
Total Maintenance Cost $30,815.60
Administrative Cost $6,163.12
Reserves
Operating Reserve (10% of Total Maintenance Cost) $3,697.87 Annual Capital Replacement Reserve $26,801.50
Total Reserves $30,499.37
Total Estimated Special Tax Amount - Fiscal Year 2023/24 $67,478.10 Total Number of Developed Single Family Parcels 85
Fiscal Year 2023/24 Applied Special Tax per Parcel $793.86 Fiscal Year 2023/24 Maximum Special Tax per Parcel $1,260.09 Operating Reserve Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2023) $8,355.13 2023/24 Operating Reserve Fund Collection/(Reduction) $3,697.87 Estimated Reserve Fund Ending Balance (6/30/2024) $12,053.00 Capital Replacement Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2023) $82,091.15 2023/24 Contribution to Capital Replacement $26,801.50
Estimated Reserve Fund Ending Balance (6/30/2024) $108,892.65 City of San Juan Bautista
Community Facilities District No. 2018-01
Item: 7.B
City Council Meeting
July 18, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: JULY 18, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
TITLE: JULY 4 2023 FIREWORKS COMPLIANCE DE-BRIEFING
RECOMMENDED MOTION:

No motion is sought for this Discussion Item.

RECOMMENDATION:

It is recommended that the City Council review and discuss compliance in the community to the City Council’s Fireworks Resolution 2023-37, during the period beginning June 30, 2023, ending at dawn July 5, 2023.

EXECUTIVE SUMMARY:

In October 2022, the City concluded its discussion of different Fireworks policies, and concluded to maintain the same policies in 2023, that it established for 2022, paraphrased and summarized as follows: allow the sale of “safe and sane” fireworks by one non-profit from June 30- July 4, 2023, and the use of “safe and sane” fireworks in the City only on July 4, from Noon to 10 PM. The City Council adopted Resolution 2023-37 June 6, 2023 approving this policy and associated fine schedule. The attached reports from the City’s Code Enforcement Officer, private security, Sheriff and anecdotal conversations with the Fire Marshal and community members that have occurred since July 5, 2023, indicate that the highly visible enforcement and preventative communication effort helped gain good compliance by the community to the City’s fireworks policies.

BACKGROUND:

Following the 4th of July, 2020, the City has considered various strategies to better protect residents from the adverse effects of the noise from fireworks that impacts certain individuals and their pets.

More restrictive policies were considered before and after the 4th of July 2022. Beginning in May, 2022, and lasting until October, 2022, the City considered three different policies. The most restrictive was the banning of both the sale and use of all fireworks in the City. A lengthy deliberation by the Council occurred September 20th around the merits of fireworks and the Resolution to ban all sales and use of fireworks was amended as submitted for first reading, to be comeback at the next meeting for second reading and adoption. At the next regular City Council Page | 2
meeting October 18, 2022, another lengthy deliberation occurred that included members of the High School Booster Club, and the following decision was made:

Designating the appropriate non-profit organization and allowing them to sell fireworks is required to be approved annually. The policy to allow the sale of fireworks to occur prior to and including the 4th of July, limiting the use of fireworks to noon to 10 PM only on the 4th of July remained intact for 2023. In April 18th, 2023, the City adopted Resolution 2023-28, but it contained errors related to the 2022 drought conditions and did not include the time stipulation limiting the use of the fire works to the 4th of July. That Resolution was rescinded and replaced by a corrected Resolution 2023-37 on June 6, 2023 (attached).

DISCUSSION
On May 24, 2023, the City Manager and Fire Marshall attended a webinar sponsored by the League of California Cities concerning fireworks polices. Approximately 300 persons attended, mostly representing fire personnel including several Fire Chiefs. A lot of frustrated fire fighters expressed their concerns and their city’s struggle with the proliferation of fireworks, the continued growth of illegal fireworks, and the general drunkenness and recklessness that surrounds parties where the use of fireworks occurs. Some cities that banned all fireworks expressed that it worked at first, but the problem was returning and growing worse. Most agreed that enforcing policies needed to be done with armed safety officers due to the reckless behavior. But the most significant enforcement tool is the ability to cite property owners, rather than individuals. The result of this policy is the use of fireworks then moves to the street or other public property.

The City’s policy is close to “best practices,” as it seems to be reasonable to allow some use of the fireworks on this holiday, and to allow the non-profit to benefit from the sale of fireworks. The key phrase in the policy is establishing a “Host Ordinance” where the property owners can be held responsible for the use of fireworks on their properties. Special “Host Liability Language” will help defeat citation appeals. Notices to rental property associations, and property management firms can help with compliance at apartment buildings and other shared housing. It is recommended that the Fire Chief and City Attorney review this language in the City’s policies well before the 4th of July 2024.

Attached are the reports received regarding the compliance and enforcement of the City’s policies between June 30, and dawn on July 5th 2023. For this discussion, the Fire Chief, Sheriff, and Code enforcement will be present to describe the event, the attached reports, how the policies were implemented, their effectiveness, and the public’s response.

In general, this year’s implementation of the fireworks policies was effective. Having the same policy two consecutive years helps everyone understand the shared expectations. The public’s use of fireworks may never be completely eliminated, but at least there was compliance by most. Two Item: 7.B
City Council Meeting
July 18, 2023
Page | 3
citations were written, and there were no local fires to report. Most of the noise ended before 10 P.M. The outcome may be different when the 4th falls on a weekend. The Fire Chief and City Manager need to follow the best practices and make certain the City has the strongest policy it can have.

FISCAL IMPACT:

The outreach, cameras, fencing, banners, and extra private security have been budgeted at $6,000, and this is close to the cost of the 2023 enforcement effort. Invoices are still being collected for 2024, and a final cost has not been determined.

ATTACHMENTS:

Resolution 2023-37
4th of July Reports from Code Enforcement, Sheriff, and Private Security

SAN BENITO COUNTY SHERIFF’S OFFICE
2301 Technology Pkwy, Hollister, CA 95023
Phone: 831-636-4080 Fax: 831-636-1416

ERIC TAYLOR
SHERIFF – CORONER
San Juan Bautista Fourth of July statistics and calls for service Good evening,
I have attached the significant calls for service and statistics for the fourth of July weekend. Please take of those a look at the great work by all involved.  07/01/2023: Runaway Juvenile

- Female teenage was supposed to be picked up father at drop off site. - Female teenager ran away with boyfriend in his car.
- Father reported her as missing.
 07/04/2023: Domestic Violence

- Male and female involved in physical altercation.
- Male arrested and booked into county jail.

Firework Calls for Service: 4
Party Calls for Service: 1
Great job by code enforcement and the Kysmet security team. The presence of those two combined with the Sheriff’s deputies provided much needed support and security. I have been approached in town by several residents and business owners who advised me that they were pleased with the enforcement of the fireworks.

It has been a pleasure working with the city of San Juan Bautista. In the short amount of time, we have been working together, we have been able to provide stellar service for the residents and business owners. The future looks bright for us as we continue to keep the streets of San Juan Bautista safe and secure.

If you have any further questions related to the stats or any other questions, please feel free to contact me anytime.

Sincerely,
San Juan Bautista Deputy D. Villanueva #1070

MISSION STATEMENT

TO SERVE THE PUBLIC BY ESTABLISHING A PARTNERSHIP WITH THE COMMUNITY TO PROTECT LIFE AND PROPERTY, PREVENT CRIME AND

SOLVE PROBLEMS

~ Print
Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
06/30/2023 1600 0000
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
Unit ID
007
License#
PPO 17913
Report#
21790140
1600: Arrived on shift. Conducted a vehicle inspection. Fueled up unit 2. Started patrol of SIB city limits.
1645: checked on Valero gas station. No suspicious activity or incidents to report at the moment. Area 1s secure.
1653: patrolled through cemetery. No suspicious activity or incidents to report at the moment. Area is secure.
1708: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report at the moment. Area is secure.
1713: checked on Valero gas station. A white toyota Tacoma was parked on the dirt under the tree of the property. Employees informed me it was another Employees vehicle and they would move.

Nothing further to report.
1734: patrolled through mission garden apartments. No suspicious activity or incidents to report at the moment. Area is secure.
1736: checked on abbe park. No suspicious activity or incidents to report at the moment. Area is secure.
1742: checked on water tarik. Verified gate is locked. No activity or incidents to report. Area is clear and secure.
1758: patrolled through Salinas Rd. No suspicious activity or incidents to report at the moment. Area 1s secure.
1703: patrolled through mission Vineyard. No suspicious activity or incidents to report at the moment.

Area is secure.
1800: doubled up with officer Pacheco.
1810: patrolled through mission farm campgrounds. No suspicious or incidents to report at the moment. Area is secure.
1816: patrolled through Copperleaf area. No suspicious activity or incidents to report at the moment.

Area is secure.
1820: patrolled through Hacienda Hotel. No suspicious activity or incidents to report at the moment.

Area is secure.
1825: patrolled through elementary school. Last employee is leaving campus. No other activity or incidents to report. Area is clear and secure.
1827: patrolled through windmill market parking lot. No suspicious activity or incidents to report at the moment. Area is secure.
1837: patrolled through SJB mission. Upon arrival I observed a branch hanging from one of the trees in the parking lot. Was not able to make contact with anyone at the mission. Code enforcement was notified.
1853: patrolled through windmill market parking lot. No suspicious activity or incidents to report.

Area is secure.
1906: patrolled through library. No suspicious activity or incidents to report. Area is clear and secure. 1911: patrolled through mission Vista apartments. No suspicious activity or incidents to report. Area is secure.
1918: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report.

Area is secure.
1925: patrolled through cemetery. No activity or incidents to report. Area is secure. 1927: checked on veterans hall. Verified all gates are locked. No activity or incidents to report. Area is clear and secure.
1929: patrolled through mission garden apartments. No suspicious activity or incidents to report. Area 1s secure.
1936: checked on water tank. No activity or incidents to report. Area is clear and secure. 1945: patrolled through Salinas Rd. No suspicious activity or incidents to report. Area is secure. 1951: patrolled through mission Vineyard. No suspicious activity or incidents to report. Area is secure. 2003: patrolled through mission farm campgrounds. No suspicious suspicious or incidents to report.

Area is secure.
2008: patrolled through Copperleaf area. No suspicious activity or incidents to report. Area is secure. 2012: patrolled through Hacienda Hotel. No suspicious activity or incidents to report. Area is secure. 2017: patrolled through elementary school. No activity or incidents to report. Area is clear and secure. 2027: patrolled through SJB mission. No suspicious activity or incidents to report. Area is secure. 2035: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report.

Area is secure.
2046: patrolled through cemetery. No activity or incidents to report. Area is clear and secure. 2054: patrolled through windmill parking lot. Customers are leaving store. Windmill market employees are closing. While standing by I observed an illegal firework go off in the air. I then went to check on area. While patrolling the area another illegal firework was set off. While patrolling 5th street The Fire Marshall of San Benito County waved officer Pacheco and I down at 300 A 5th st. Fire Marshall witnessed a 16 year old male setting off illegal fireworks. Deputies arrived to assist but then continued on with patrol. Citation was issued father of 16 year old without incident. 2128: continued patrol of SJB city limits.
2144: patrolled through windmill parking lot. Assisted FedEx driver with vehicle maintenance.

Conducted a foot patrol. Verified all business doors were locked. No other activity or incidents to report. Area is secure.
2206: patrolled through elementary school. No suspicious activity or incidents to report. Area is clear and secure.
2213: patrolled through Salinas Rd. No suspicious activity or incidents to report. Area is secure. 2222: patrolled through mission Vineyard. No suspicious suspicious or incidents to report. Area is clear and secure.
2230: patrolled through mission farm campgrounds. No suspicious activity or incidents to report. Area 1s secure.
2237: patrolled through Copperleaf area. No suspicious activity or incidents to report. Area is secure. 2247: patrolled through cemetery. No activity or incidents to report. Area is clear and secure. 2249: checked on veterans hall. No activity or incidents to report. Area is clear and secure. 2300: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report.

Area is secure.
2305: patrolled through mission Vista apartments. No suspicious activity or incidents to report. Area is secure.
2314: patrolled through SIB mission. No activity or incidents to report. Area is clear and secure. 2320: met with 2nd shift for pass downs.
0000: end of shift.

Employee ID: Name: Signature: Submitted:
007 Josh Amaya 2023-06-30 23:53
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~ Print
Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
06/30/2023 1600 0000
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES 1600 - 0000 - - - - - - - - -
Observations / Duties Performed
Contacts
1600HRS enroute to SJB
1900HRS Started Solo patrol
Description Of Activities
Unit ID
010
191 0HRS Conducted a patrol of salinas rd . No issues or suspicious activity to report 1920HRS Conducted a patrol of 3rd st. No issues or suspicious activity to report 1934HRS Conducted a patrol of Monterey st. No issues or suspicious activity to report 1947HRS Conducted a patrol of the cemetery. No issues or suspicious activity to report 1956HRS Conducted a patrol of mukelemi st. No issues or suspicious activity to report 2008HRS Conducted a patrol of 5th st. No issues or suspicious activity to report 2013HRS Conducted a patrol of 6th st. No issues or suspicious activity to report 2023HRS Conducted a patrol of 7th st. No issues or suspicious activity to report 2038HRS conducted a patrol of Lang st. No issues or or activity to report 2047HRS conducted a patrol of the water tower. No issues or suspicious activity to report 2055HRS Conducted a patrol of Polk st. No issues or suspicious activity to report License#
PPO 17913
Report#
21790142
2110 hrs conducted a patrol of the San Juan mission. No issues or suspicious activity to report 2115hrs waited for windmill market to close. No issues or suspicious activity to report 2128HRS issued citation for fireworks as requested by the Fire Marshall. Address of incident 300A 5th st. Nothing further to report
2146HRS Conducted a patrol of downtown SJB. no issues or suspicious activity to report 2156HRS Conducted a patrol of 2nd st. No issues or suspicious activity to report 2209 hrs arrived at Valero to oversee closing. No issues or suspicious activity to report 2227HRS Conducted a patrol of Mission Garden Apartments. No issues or suspicious activity to report 2232HRS Conducted a patrol of mukelemi st. No issues or suspicious activity to report 2249HRS Conducted a patrol of 7th st . No issues or suspicious activity to report 2257HRS Conducted a patrol of the water tower. No issues or suspicious activity to report 231 0HRS Conducted a patrol of Washington st. No issues or suspicious activity to report 2317HRS Conducted a patrol of 4th st. No issues or suspicious activity to report 2323HRS Conducted a patrol of the alameda. No issues or suspicious activity to report 2333HRS Conducted a patrol of copperleafln. No issues or suspicious activity to report 0000 HRS end shift
Employee ID: Name: Signature: Submitted:
010 Eduardo Valadez 2023-06-30 23:58
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Kysmet Security Patrol inc License#
21 W Laurel Dr Unit 49 Salinas, California 93906 PPO 17913 831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 06/30/2023 1800 0200 015 21790187
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES 1846 - - - - - - - - - - ATTACHMENTS:

Observations / Duties Performed
l':.il OTHER - SEE COMMENTS I l':.il PATROL CHECK OF PROPERTY k~ PATROLLED ENTIRE PARKING REA
Contacts
Description Of Activities
Arrived in town conducted patrol of copper leaf housing. No disturbances to report. No activity in area. All clear.
1851 conducted patrol of hotel area all parking area is clear. No disturbances. No transients on premises. All clear.
1908 conducted patrol of San Juan school. No vehicles parked on property. No one is in basketball courts site is clear.
1911 HRS windmill market plaza has no disturbances no transients on premises parking area is clear. 1914 rear of mission is clear no unauthorized parking. No one in this area. Area clear. 1931 conducted patrol of mission site is clear have a few cars parked in rear no disturbances. Site is clear.
1933 casa Maria is having a event parking is almost full. No drinking going on in exterior. No disturbances. Site is clear.
1939 patrolled via serra area no double parking on properties. No disturbances in premises, no transients on site. Site is clear.
1944 conducted patrol of rancho way housing area. Site has no disturbances. Two residents were walking area. One gentlemen was taking trash out. Area is clear. 1949 mayor Jim memorial park is clear. No children on playground. Nothing further to report. All clear.
1957 conducted patrol of area. Water pipes are not leaking. No trespassers. Site is clear. 2008 conducted patrol of lang st. And lang CT. Nothing out of ordinary. Area has no disturbances to report. Area is all clear.
2024 conducted patrol of mission garden apartments. No transients. No damages to report site is clear. 2025 conducted patrol of Valero gas station no trespassers or transients on property. Business being conducted as normal. Site is clear.
2026 conducted patrol of VFW. All gates are locked. No damages to gates or locks. No transients on property. Nothing further to report. Site is clear.
2035 conducted patrol of San Juan cemetery. Spotted one vehicle at the round about at very top of premises visiting. walked back area checked for trespassers. None on site. Site is clear. 2055 started patrolling city streets. All streets are clear. Heard a firework go off by the time I found where it was Pacheco Amaya and Valadez were on scene with the fire marshal and deputy. City patrol is clear.
2148 conducted patrol of windmill market area. All businesses are closed for the night. FedEx can bring down in parking, and are trying to repair vehicle. Nothing further to report, site is clear. 2158 conducted patrol of copper leaf. Housing area is all clear. No fire works in this area. No disturbances to report. Site is clear.
2200 conducted patrol of hotel site. Nothing out of the ordinary. Parking area is all clear. No transients on property, no disturbances to report. All clear.
2215 conducted patrol of elementary school. No trespassers. No damages to property. All clear. 2222 conducted patrol of rear of mission. No activity to report. No fireworks going off. Site is clear. 2230 conducted patrol of property. No disturbances, everything is quiet. No transients on property. Site is clear.
2236 arrived to casa Maria, conducted patrol of property. People loading party equipment into their vehicles. People starting to leave premises. Site is all clear. 2244 arrived to via serra coldesack . Properties are with no disturbances. Area has no fireworks going.

Site is clear.
2249 Arrived to rancho way housing area. Conducted patrol of houses. No fireworks going in this area.

Site is clear.
2255 arrived at mayor Jim West memorial park. Conducted patrol of site. No one at park. Park area is clear.
2312 arrived at San Juan cemetery, conducted patrol. No trespassers on premises. Site is all clear. 2338 arrived on site, conducted patrol of VFW. All locks are still locked with no damages to report.

Site is clear.
2342 Valero gas station is closed for the night no transients on site. Site is clear. 2343 arrived to mission garden apartments everything is quiet. No transients on property. No disturbances to report. Site is clear.
2348 arrived at water tower. Water tower is all clear.
2355 conducting city patrol no frrework activity. City streets are calm n quiet . No damages to report.

Nothing further to report.
0035 arrived at copper leaf housing area nothing out of the ordinary. No firework activity. Site is clear. 0044 arrived at hotel. Conducted patrol ran into patrol Cruz spoke to him for s few minutes site is clear nothing further to report.
0053 arrived at San Juan elementary conducted patrol. No vehicles parked on property. No transients.

Site is clear.
0101 arrived at mission. Conducted patrol of site. Nothing out of the ordinary. No activity. Site is clear.

Employee ID: Name: Signature: Submitted:
015 Alejandro Cecenas 2023-07-01 01 :38
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~ Print
Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
06/30/2023 2200 0600
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
A.Carrillo
Unit ID
014
Patrolled all side streets 2240HRS till 0020HRzs all clesr no issues to report.

Arrives at Mission Vista apartments at 0020HRS all Clear no issues to report.

Arrived at Rancho Vista community at 0025HRS all Clear no issues to report.

Arrived at Mayor Jim West Memorial Park 0035HRS all Clear no issues to report.

Arrived at San Juan Bautista cemetery at 0040HRS all Clear no issues to report.

Arrived at VFW at 0045HRS all Clear no issues to report.

Arrived at Mission garden at 004 7HRS all cle are no issues to report.

Arrived at water tower at 0053HRS all Clear no issues to report.

Arrived at Lang at 01 00HRS all Clear no issues to report.

Arrived at Salinas road at 0ll0HRS all Clear no issues to report.

Arrive at Mission Farm campground at 0117HRS all Clear no issues to report.

Arrive at Copperleaf at 0127HRS all Clear no issues to report.

Arrive at hacienda hotel at 013 lHRS all Clear no issues to report.

Arrive at San Juan Bautista school at 0135HRS all Clear no issues to report.

Arrived at Mission at 0141HRS All Clear no issues to report.

Arrived at 706 1st at 0148HRS all Clear no issues to report License#
PPO 17913
Report#
21790221
Patrolled all side streets from 0154HRS till 0300HRS all Clear no issues to report.

Arrived at Salinas road at 0300HRS all Clear no issues to report.

Arrived at Mission Farm at 0305HRS all Clear no issues to report.

Arrived at Copperleaf at 031 0HRS all Clear no issues to Arrived at hacienda at 031 SHRS all clear no issues to report Arrived at San Juan Bautista school at 0320HRS all clear no issues to report.

Arrived at Mission Vista apartments at 0330HRS all clear no issues to report.

Arrived at Rancho Vista community at 0335HRS all Clear no issues to report.

Arrived at Mayor Jim West Memorial Park at 0340HRS all Clear no issues to report.

Arrived at San Juan Bautista cemetery at 0345HRS all Clear no issues to report.

Arrived at VFW at 0350HRS all Clear no issues to report.

Arrived at Mission garden at 0352HRS all Clear no issues to report.

Arrived at water tower at 0357HRS all Clear no issues to report.

Arrived at Lang St ar 0406HRS all Clear no issues to report.

Took lunch from 041 0HRS till 0440HRS
Patrolled all side streets from 0440HRS till 0530HRS all Clear no issues to report.

Employee ID: Name: Signature:
014 SJB Patrol
Submitted:
2023-07-01 06:02
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~ Print
Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/01/2023 1600 0000
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
1600HRS 10-8
Unit ID
007
License#
PPO 17913
Report#
21795123
1632HRS Conducted a patrol of The Windmill Shopping center. No issues or suspicious activity to report.
1642HRS Conducted a patrol of San Juan School. No issues or suspicious activity to report. 1656HRS Conducted a patrol of Third street. No issues or suspicious activity to report. 1717HRS Conducted a patrol of San Juan Bautista Mission. No suspicious activity to report. 181 SHRS Conducted a patrol of San Juan Bautista City Cemetery. No issues or suspicious activity to report.
1822HRS Conducted a patrol of Abby Recreational park. No issues or suspicious activity to report. 1828HRS Conducted a patrol of 800 HND blook of Salinas Rd. No issues or suspicious activity to report.
1831HRS Conducted a patrol of Mission Farm Campgrounds. No issues or suspicious activity to report.
1835HRS Conducted a patrol of Cooperleaf Lane. No issues or suspicious activity to report. 1840HRS Conducted a patrol of San Juan School. There were multiple vehicles parked in the parking lot. The basketball court gate was open. No issues or suspicious activity to report. 1843HRS Conducted a patrol through Third street. Most businesses were open. No issues or suspicious activity to report.
1848HRS Conducted a patrol of Misson Vista Apartments. Patrolled both parking lots. No issues or suspicious activity to report.
1851 HRS Conducted a patrol of Rancho Vista Community. No issues or suspicious activity to report. 1900HRS Conducted a patrol of Abby Recreational park. No issues or suspicious activity to report. 1906HRS Conducted a patrol of San Juan Bautista City Water tower. Gate was locked and secured. No issues or suspicious activity to report.
1915HRS Conducted of San Juan Bautista City Hall. No issues or suspicious activity to report. 1935HRS Conducted a patrol of Rancho Vista Community. No issues or suspicious activity to report. 1952HRS Arrived at city hall to have meeting with code enforcement and all patrol officers. Nothing further.
2029HRS Conducted a patrol of Mission Farm Campgrounds. No issues or suspicious activity to report.
2036HRS Conducted a patrol of Cooperleaf Lane. No issues or suspicious activity to report. 2040HRS Conducted a patrol of Hacienda Del Leal Hotel. No issues or suspicious activity to report. 2046HRS Arrived at The Windmill shopping center and wanted unit the Windmill Market closed. No issues to report. We parked next to the fire works booth as requested by Brown. 2115HRS Conducted a patrol of Third street. No issues or suspicious activity to report. 2121HRS Conducted a patrol of San Juan Bautista Mission. Both gates were open and parking lot was empty. No issues to report.
2127HRS Conducted a patrol ofMisson Vista Apartments. Patrolled both parking lots. No issues or suspicious activity to report.
2139HRS Conducted a patrol of Rancho Vista Community. No issues or suspicious activity to report. 214 7HRS Conducted a patrol of San Juan Bautista City Cemetery. No issues or suspicious activity to report.
2200HRS Conducted a patrol of Mission Garden apartments. No issues or suspicious activity to report. 2206HRS Conducted a patrol of Abby Recreational park. No issues or suspicious activity to report. 2218HRS Conducted a patrol of 800 HND blook of Salinas Rd. No issues or suspicious activity to report.
2226HRS Conducted a patrol of Mission Farm Campgrounds. No issues or suspicious activity to report.
2234HRS Conducted a patrol of Cooperleaf Lane. No issues or suspicious activity to report. 2240HRS Conducted a patrol of Hacienda Hotel. No issues or suspicious activity to report. 2252HRS Conducted a patrol of San Juan School. Parking lot was empty. No issues or suspicious activity to report.
2300HRS Conducted a patrol of City Hall and provided new guards with new pass downs. 2320HRS Conducted a patrol of Third street. No issues or suspicious activity to report. 0000 10-10
F.Pacheco/E. Valadez
Employee ID: Name: Signature: Submitted:
007 Josh Amaya 2023-07-01 23:53
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Kysmet Security Patrol inc License#
21 W Laurel Dr Unit 49 Salinas, California 93906 PPO 17913 831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/01/2023 1800 0600 015 21795133
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES 1936 - - - - - - - - - - ATTACHMENTS:

Observations / Duties Performed
l':.il OTHER - SEE COMMENTS I l':.il PATROL CHECK OF PROPERTY k~ PATROLLED ENTIRE PARKING REA
Contacts
Description Of Activities
1936 Arrived at San Juan cemetery, conducted patrol no transients. No vandalism going on. Site is clear.
1949 arrived at VFW conducted patrol. All gates are secure no damages to gates or locks on gates.

Nothing further to report
1951 arrived at Valero gas station no transients in property. Site is clear. 1953 arrived at mission garden apartments, conducted patrol of property. Nothing out of the ordinary.

Site is clear.
2020 arrived at water tower, conducted patrol. No damages to property. Gate is secure. No trespassers.

Site is clear.
2033 arrived at windmill market area. Conducted patrol of site. Businesses are with no disturbances.

Site is clear.
2038 arrived to copper leaf area. Conducted patrol. Nothing out of the ordinary. Area is clear. 2043 arrived at hotel, conducted patrol. Parking area is clear. Nothing further to report. 2049 arrived at San Juan elementary, conducted patrol. No trespassers on property. No damages to report.
2053 arrived at rear of mission the lower side. Checked area, no trespassers. Site is clear. 2107 arrived at the mission. Conducted patrol no activity on premises. Site is clear. 2137 arrived at casa Maria, conducted patrol. Nothing out of ordinary event going on. Nothing further to report site is clear.
2150 arrived at via serra conducted patrol. No activity to report. Site is clear. 2157 arrived at rancho way housing area. Conducted patrol. No fireworks in area no disturbances.

Area is clear.
2200 arrived at mayor Jim West memorial park. Nobody is at the park. No disturbances. Site is clear. 2210 arrived at the San Juan cemetery, conducted patrol no vehicles parked. No trespassers. Site is clear.
2217 arrived at the VFW conducted patrol of site. Area is secure and clear. 2218 conducted patrol off Valero gas station. Black Chevy sedan pumping gas. Nothing further to report.
2221 arrived at mission garden apartments. No fireworks in area no activity to report site is clear. 2226 started city streets patrol. Changed front passenger tire on patrol # 1. Heard firework shortly after.

Did not find anything or anyone. City is clear.
0030 conducted foot patrol of baseball park where resident claims she seen 5 young men lighting fireworks and ran through the park. Carrillo and myself conducted foot patrol of city streets in the area of the park.

Employee ID: Name: Signature: Submitted:
015 Alejandro Cecenas 2023-07-02 06:07
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Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift
San Juan Bautista 07/01/2023 2200 0600
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES ATTACHMENTS:

Observations / Duties Performed
Contacts
Description Of Activities
2200 start shift
2227 in route to SJB.
2241 Patrolled Salinas rd. All clear.
2245 Patrolled mission ground. All clear.
2250 Patrolled Copperleaf. All clear, and secured.
2323 Patrolled sjb streets. No signs of unwanted activity. 2326 Patrolled Mission Vista. No activity, all clear.
2329 Patrolled Rancho Vista. All clear.
2336 Patrolled Mayor Jim West Memorial park. All clear.

Unit ID
006
License#
PPO 17913
Report#
21797749
2346 Patrolled San Juan Mission and resident came up to me informing me that there was a mobile home whos been parked and doesn't have a permit to park there. Will talk to mobile home owner and let them know they need a permit to park or else they have to leave. 2426 Patrolling sjb streets investigating some firework activity. All clear. 2428 Patrolled sjb cemetery. All clear.
2430 Patrolled San Juan VFW. No issues to report.
2434 Patrolled Valero gasoline. All clear.
2438 Patrolled mission gardens. No issues to report.
244 7 Patrolled San Juan mission. No issues to report.
0133 Patrolled 1st st through 4th st. No issues to report. 0145 Patrolled Windmill Market. All clear.
0149 Patrolled 800 Salinas rd. No issues to report
0158 Patrolled Mission park campground. No issues to report. 0200 Patrolled Copperleaf. No issues to report.
0205 Patrolled la hacienda. No unwanted activity on site. 0215 Patrolled San Juan elementary. No issues to report. 0220 Patrolled San Juan mission. No issues to report.
0223 Patrolled mission vista. All clear.
0226 Patrolled Rancho Vista. No issues of any kind.
0232 Patrolled Mayor Jim West Memorial Park. All clear. 0234 Patrolled cemetery. All clear.
023 7 Patrolled san Juan VFW. All clear.
0240 Patrolled Valero. No issues to report.
0242 Patrolled Mission Gardens. No issues to report.
0253 Patrolled 800 Salinas rd. No issues to report.
0259 Patrolled Mission Farm campground. All clear.
0305 Patrolled Copperleaf. All clear.
0310 Patrolled La Hacienda. All clear.
0322 Patrolled San Juan Elementary. All clear.
0328 Patrolled Sanjuan Mission. All clear.
0330 Patrolled mission vista. All clear.
0419 Patrolled Mayor Jim West Memorial Park. No issues to report. 0421 Patrolled cemetery. No issues to report.
0423 Patrolled San Juan VFW, nothing to report.
0424 Patrolled Valero. Nothing to report.
0427 Patrolled Mission Gardens. No issues to report.
0440 Patrolled water mill. No issues to report.
0448 Patrolled windmill market. No issues to report.
0452 Patrolled 800 Salinas rd. All clear.
0502 Patrolled Mission Campground. All clear.
0504 Patrolled Copperleaf. No issues to report.
0507 Patrolled La hacienda. All clear.
0512 Patrolled san Juan elementary. Noticed the gate next to the basketball courts was opened. Made sure to secure. All clear.
0600 end shift
Employee ID: Name: Signature: Submitted:
006 SJB Alvarado 2023-07-02 05:58
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Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/01/2023 2200 0600
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
A.Carrillo
Arrived in SJB at 2240HRS
Begging of my report is on Cruz report.

Unit ID
014
License#
PPO 17913
Report#
21795342
Patrolling all side streets from 2330 till 0140HRS only issues we had was fireworks were being lit could not find the source of the issues walked all side streets all Clear no issues to report Arrived Rancho Vista community 0 140HRS all Clear no issues to report.

Arrived at Mayor Jim West Memorial Park at 0150HRS all Clear no issues to report.

Arrived at San Juan Bautista cemetery at 0155HRS all Clear no issues to report.

Arrived at VFW at 0200HRS all Clear no issues to report.

Arrived at Mission garden apartments at 0205HRS all Clear no issues to report.

Arrived at water tower at 021 SHRS all Clear no issues to report.

Arrived at Lang Street at 0220HRS all clear no issues to report.

Arrived at Salinas road at 0226HRS all Clear no issues to report.

Arrived at Mission farms at 0233HRS all clear no issues to report.

Arrived at CopperleafLn at 0238HRS all Clear no issues to report.

Arrived at hacienda at 0244HRS all Clear no issues to report.

Arrived at San Juan Bautista elementary school at 0252HRS all Clear no issues to report.

Arrived at San Juan Bautista mission at 0256HRS all Clear no issues to report.

Arrived at 706 1st St at 0302HRS all Clear no issues to report.

Arrived at Mission Vista apartments at 0307HRS all Clear no issues to report.

Took lunch at 0315HRS till 0345HRS
Started patrolling all side streets from 0345HRS till 0515HRS all Clear no issues to report Employee ID: Name: Signature: Submitted:
014 SJB Patrol 2023-07-02 05:52
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~ Print
Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
License#
PPO 17913
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/02/2023 1600 0000 008 21797755
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES ATTACHMENTS:

Observations / Duties Performed
Contacts
Description Of Activities
1600HRS start of shift. Jose Del Real and Junior Rangel partnered up. 1642HRS conducted foot patrol on 3rd street. No issues to report 1650HRS conducted foot patrol at the soccer field restrooms. No issues to report 1656HRS conducted foot patrol at the baseball field restrooms. No issues to report 1703HRS conducted foot patrol at the Verutti park restrooms. No issues to report 171 lHRS conducted patrol on 800 Salinas Road. No issues to report 1 715HRS Conducted patrol at the mission farms campground. No issues to report 1720HRS Conducted patrol at the copperleaf community. No issues to report 1724HRS conducted patrol at the hacienda de Leal hotel parking lot. No issues to report 1729HRS conducted patrol at the San Juan school. Parking lot is empty. No issues to report 1730HRS conducted patrol at the windmill market. No issues to report 1734HRS conducted patrol at the San Juan Bautista mission parking lot. Patrolled the back and front of the mission. No issues to report
1736HRS Conducted patrol on 706 first street for 5 minutes. No issues to report 1742HRS conducted patrol at the Carl Martin Luck memorial library. Parking lot is empty. No issues to report
1745HRS Conducted patrol at the Harvey's Lockup mini Storage. No issues to report 1747HRS conducted patrol at the mission Vista apartments parking lots. No issues to report 1751HRS conducted patrol at the Rancho Vista community. No issues to report 1756HRS Conducted patrol at the mayor Jim west memorial park. Park was empty. No issues to report 1800HRS break
1817HRS conducted patrol at the veterans hall. Gates are locked. No issues to report 1818HRS conducted patrol at the Valero gas station. No issues to report 1819HRS Conducted patrol at the mission garden apartments parking lot. No issues to report 1820HRS conducted patrol at the Neil's super market. Patrolled the back and front of the store. No issues to report
1824HRS conducted patrol at the San Juan Bautista city water tower. Gate is locked. No issues to report
1827HRS patrolling city streets
1927HRS conducted patrol on 800 Salinas Road. No issues to report 1931 HRS conducted patrol at the mission farms campground. No issues to report 1937HRS conducted patrol at the copperleaf community. No issues to report 1940HRS conducted patrol at the San Juan school. Parking lot is empty. No issues to report 1949HRS conducted patrol at the windmill market. No issues to report 2000HRS lunch
2030HRS we had a meeting with rich brown the code enforcer. He said if there is people popping illegal fireworks to call him as soon as possible so he can issue the citation. 2049HRS conducted patrol at the windmill market firework station. No issues to report 2054HRS conducted patrol at the windmill market. We're waiting for the employees to leave. No issues to report
2119HRS conducted patrol at the San Juan Bautista mission parking lot. Patrolled the back and front of the mission. No issues to report
2123HRS Conducted patrol on 706 first street for 5 minutes. No issues to report 2129HRS conducted patrol at the Carl Martin Luck memorial library. Parking lot is empty. No issues to report
213 lHRS Conducted patrol at the Harvey's Lockup mini Storage. No issues to report 2134HRS conducted patrol at the mission Vista apartments parking lots. No issues to report 2140HRS Conducted patrol at the Rancho Vista community. No issues to report 2141 HRS we were searching for a small brown SUV 4runner with black tinted windows. They were driving around lighting up fireworks.
2317HRS conducted patrol at the San Juan Bautista city water tower. Gate is locked. No issues to report
2327HRS conducted patrol at the Valero gas station. No issues to report 0000HRS end of shift
Employee ID: Name: Signature: Submitted:
008 Junior Rangel 2023-07-02 23:52
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Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/02/2023 1800 0200
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
A.Carrillo
Start of shift 1800HRS
Patrolling all side streets from 1840HRS till 2030HRS
2030HRS met with Rich Brown till 2043HRS.

Unit ID
014
Arrived at Rancho Vista Community at 2046HRS all clear no issues to report.

Arrived at Mayor Jim west memorial park at 2054HRS all clear no issues to report.

Arrived at San Juan cemetery at 2059HRS all clear no issues to report.

Arrived at VFW at 2102HRS all clear no issues to report.

Arrived at Mission garden apartments at 2105HRS all clear no issues to report.

Arrived at water tower at 211 0HRS all clear no issues to report.

Arrived at Lang St at 2115HRS all clear no issues to report.

Arrived at Salinas road at 2120HRS all clear no issues to report.

Arrived at Mission farm at 2126HRS all clear no issues to report.

Arrived at Copperleaf at 213 5HRS all clear no issues to report.

Arrived at Hacienda at 2140HRS all clear no issues to report.

Arrived at San Juan Elementary at 2146HRS all clear no issues to report.

License#
PPO 17913
Report#
21806081
Patrolling all side streets from 2200 till 0000HRS. Followed suspect of people using illegal fueworks 3 guys wearing all black.

Took lunch from 0000HRS till 0030HRS
Arrived at Rancho Vista Community at 0030HRS all clear no issues to report.

Arrived at Mayor Jim west memorial park at 0043HRS all clear no issues to report.

Patrolled all side streets from 0050HRS till 0130HRS all clear no issues to report. 0200HRS End of shift .

Employee ID: Name: Signature: Submitted:
014 SJB Patrol 2023-07-03 01 :53
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Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
License#
PPO 17913
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/02/2023 2200 0600 016 21806104
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES ATTACHMENTS:

Observations / Duties Performed
Contacts
Description Of Activities
2200HRS start of shift
2236HRS Conducted foot patrol on Third Street with security guard Cruz. All doors locked and secured. No issues to report.
2258HRS patrol city streets
2324HRS Checked Verutti park restrooms. All clear.
2333HRS Conducted patrol at 800 Salinas Road. No issues to report. 2338HRS patrolled Mission Farms campgrounds. No suspicious activity to report. All clear. 2342HRS Conducted patrol at Copperleaf community. No issues to report. 2346HRS Conducted patrol at the Hacienda de leal hotel parking lot. No issues to report. 2350HRS Conducted patrol at San Juan elementary school parking lot. No issues to report. 2356HRS Conducted patrol at San Juan Bautista Mission parking lots. No issues to report. 2358HRS Patrolled at 706 1st for five minutes. No suspicious activity to report. 0005HRS patrolled both Carl Martin luck Memorial library and Harvey lock up Mini Storage. No issues to report.
0009HRS patrolled Mission Vista Apartments parking lots. No issues to report. 0012HRS Conducted patrol at Rancho Vista Community. No issues to report. 0019HRS Conducted patrol at Mayor Jim West Memorial Park. No issues to report. 0024HRS patrolled San Juan Bautista Cemetery. No issues to report. 0026HRS patrolled both veterans hall and Valero gas station parking lot. No issues to report. 0028HRS Conducted patrol at Mission Gardens apartments parking lot. No issues to report. 0029HRS patrolled back of Neil's supermarket. No issues to report. 0033HRS Conducted patrol at city water tower. Gate is locked. No issues to report. 0035HRS patrol city streets.
0053HRS Checked soccer field restrooms. No issues to report. 0056HRS Checked baseball field restrooms. No issues to report. 0136HRS Conducted patrol at 800 Salinas Road. No issues to report. 0142HRS Conducted patrol at Mission Farms campgrounds. No issues to report. 0146HRS patrolled copperleaf community. No issues to report. 0150HRS Conducted patrol at the Hacienda de leal hotel parking lot. No issues to report. 0155HRS Conducted patrol at San Juan Bautista Mission parking lots. No issues to report. 0158HRS patrolled 706 1st. No issues to report.
0205HRS Conducted patrol at Carl Martin luck Memorial library. No issues to report. 0207HRS patrolled Harvey lock up Mini Storage. No issues to report. 0209HRS Conducted patrol of Mission Vista Apartments parking lots. No issues to report. 0212HRS patrolled Rancho Vista Community. No issues to report. 0217HRS Conducted patrol at Mayor Jim West Memorial Park. No suspicious activity to report. 0222HRS patrolled San Juan Bautista Cemetery. All clear. No issues to report. 0224HRS Conducted patrol at veterans hall parking lot and Valero gas station. No issues to report. 0226HRS Conducted patrol at Mission Gardens apartments parking lot. No issues to report. 0231 HRS Conducted patrol at city water tower. No issues to report. 0235HRS Conducted patrol at Windmill Market Shopping center parking lot. No issues to report. 0240HRS lunch break
0335HRS Conducted patrol at 800 Salinas Road. No suspicious activity to report. 0341HRS Conducted patrol at Mission Farms campgrounds. No issues to report. 0345HRS Conducted patrol at Copperleaf community. All clear. No issues to report. 0349HRS patrolled la Hacienda de Leal hotel parking lot. No issues to report. 0351HRS patrolled San Juan Elementary school parking lots. No issues to report. 0353HRS Conducted patrol of the Windmill Market Shopping center parking lot. No issues to report. 0358HRS Conducted patrol at the San Juan Bautista Mission parking lots. No issues to report. 0400HRS Conducted patrol at 706 1st. Waited for five minutes. No issues to report. 0407HRS Conducted patrol at Mission Vista Apartments parking lots. No issues to report. 0410HRS Conducted patrol at Rancho Vista Community. No issues to report. 0415HRS Conducted patrol at Mayor Jim West Memorial Park. No issues to report. 0422HRS Conducted patrol of San Juan Bautista Cemetery. No suspicious activities to report. 0425HRS Conducted patrol of the veterans hall and Valero gas station. No issues to report. 0427HRS Conducted patrol at Mission Gardens apartments parking lot. No issues to report. 0432HRS Conducted patrol of city water tower. No issues to report. 0438HRS Conducted foot patrol of Third Street with officer Cruz. 0450HRS patrol city streets
0520HRS patrolled at the Valero gas station.
0600HRS end of shift
Employee ID: Name:
016 SJB Patrol
Signature: Submitted:
2023-07-03 05:56
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Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/03/2023 1600 0000
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
Amaya, Hermida, unit 12
Unit ID
007
1600: Arrived on shift. Conducted a vehicle inspection. Started patrol of SIB city limits.

License#
PPO 17913
Report#
21807443
1637: checked on Valero gas station. No suspicious activity or incidents to report at the moment. Area 1s secure.
1647: patrolled through Salinas Rd. No suspicious activity or incidents to report at the moment. Area 1s secure.
1656: patrolled through mission Vineyard. No suspicious activity or incidents to report at the moment.

Area is secure.
1704: patrolled through mission farm campgrounds. No suspicious activity or incidents to report at the moment. Area is secure.
1709: patrolled through Copperleaf area. No suspicious activity or incidents to report at the moment.

Area is secure.
1713: patrolled through Hacienda Hotel. No suspicious activity or incidents to report at the moment.

Area is secure.
1720: patrolled through elementary school. Students, parents, and staff are still on campus. No suspicious activity or incidents to report at the moment. Area is secure. 1731: patrolled through SIB mission. No activity or incidents to report at the moment. Area is secure. 1736: patrolled through library. No suspicious activity or incidents to report at the moment. Area is secure.
1755: patrolled through mission Vista apartments. No suspicious activity or incidents to report at the moment. Area is secure.
1808: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report at the moment. Area is secure.
1818: patrolled through cemetery. No activity or incidents to report at the moment. Area is secure. 1824: checked on veterans hall. Verified all gates are locked. No activity or incidents to report. Area is clear and secure.
1829: patrolled through mission garden apartments. No suspicious activity or incidents to report at the moment. Area is secure.
1838: checked on water tank. No activity or incidents to report. Area is clear and secure. 1857: patrolled through Salinas Rd. No suspicious activity or incidents to report. Area is secure. 1906: patrolled through mission Vineyard. No suspicious activity or incidents to report. Area is secure. 1910: patrolled through mission farm campgrounds. No suspicious activity or incidents to report. Area 1s secure.
1915: patrolled through Copperleaf area. No suspicious activity or incidents to report. Area is secure. 1922: patrolled through Hacienda Hotel. No suspicious activity or incidents to report. Area is secure. 1927: patrolled through elementary school. No activity or incidents to report. Area is clear and secure. 1935: patrolled through windmill parking lot. No suspicious activity or incidents to report. Area is secure.
1944: patrolled through SJB mission. No suspicious activity or incidents to report. Area is secure. 1950: checked on library. No suspicious activity or incidents to report. Area is clear and secure. 1955: patrolled through mission Vista apartments. No suspicious activity or incidents to report. Area is secure.
2004: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report.

Area is secure.
2012: patrolled through cemetery. No activity or incidents to report. Area is clear and secure. 2020: patrolled through SJB mission. No suspicious activity or incidents to report. Area is secure. 2026: met with code enforcement. Discussed preparations for the 4th of July. 2046: continued patrol of SJB city limits.
2054: patrolled through elementary school. Verified all gates are locked. No activity or incidents to report. Area is clear and secure.
2100: patrolled through windmill parking lot. Customers are leaving store. Windmill market employees are closing. Pizza factory employees are closing. Stood by until employees locked and secured front doors. Conducted a foot patrol. Verified all business doors are locked. No activity or incidents to report. Area is clear and secure.
2127: patrolled through mission farm campgrounds. No suspicious activity or incidents to report. Area 1s secure.
2132: patrolled through Copperleaf area. No suspicious activity or incidents to report. Area is secure. 2137: patrolled through Salinas Rd. No suspicious activity or incidents to report. Area is secure. 2141 : patrolled through Hacienda Hotel. No suspicious activity or incidents to report. Area is secure. 2148: patrolled through mission Vista apartments. No suspicious activity or incidents to report. Area is secure.
2157: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report.

Area is secure.
2205: patrolled through cemetery. No activity or incidents to report. Area is clear and secure. 2207: checked on Valero gas station. Employees locked and secured front door. Customers fueling up vehicles. No other activity or incidents to report. Area is secure. 2209: patrolled through mission garden apartments. No suspicious activity or incidents to report. Area 1s secure.
2215: checked on water tank. No activity or incidents to report. Area is clear and secure. 2245 : patrolled through streets 1-7. No suspicious activity or incidents to report at the moment. 2254: met with 2nd shift for pass downs. Fueled up unit 1,9, and 12. Valero gas station is clear and secure.
2307: patrolled through mission garden apartments. No suspicious activity or incidents to report. Area 1s secure.
2310: checked on abbe park. 1 male sitting at the bus stop( no busses running) stood by until male left the area at 2214hrs. Area is now clear and secure.
2319: patrolled through windmill parking lot. Vehicles are parked in parking lot. No suspicious activity or incidents to report. Area is secure.
0000: end of shift.

Employee ID: Name: Signature: Submitted:
007 Josh Amaya 2023-07-03 23:50
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Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/03/2023 1800 0200
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
A.Carrillo , Cruz
Unit ID
014
License#
PPO 17913
Report#
21812188
Patrolling all side street from 1800HRS till 0200HRS all clear no issues to report. No fireworks went off tonight.

Arrives at Mission Vista apartments at 1840HRS all Clear no issues to report.

Arrived at Rancho Vista community at 1900HRS all Clear no issues to report.

Arrived at Mayor Jim West Memorial Park 1920HRS all Clear no issues to report.

Arrived at San Juan Bautista cemetery at 1940HRS all Clear no issues to report.

Arrived at VFW at 1945HRS all Clear no issues to report.

Arrived at Mission garden at 194 7HRS all clear are no issues to report.

Arrived at water tower at 1953HRS all Clear no issues to report.

Arrived at Lang at 2000HRS all Clear no issues to report.

Arrived at Salinas road at 211 0HRS all Clear no issues to report.

Arrive at Mission Farm campground at 2117HRS all Clear no issues to report.

Arrive at Copperleaf at 2127HRS all Clear no issues to report.

Arrive at hacienda hotel at 2131 HRS all Clear no issues to report.

Arrive at San Juan Bautista school at 2135HRS all Clear no issues to report.

Arrived at Mission at 2141HRS All Clear no issues to report.

Arrived at 706 1st at 2148HRS all Clear no issues to report Patrolled all side streets from 2154HRS till 2200HRS all Clear no issues to report.

Arrived at Salinas road at 2200HRS all Clear no issues to report.

Arrived at Mission Farm at 2205HRS all Clear no issues to report.

Arrived at Copperleaf at 221 0HRS all Clear no issues to Arrived at hacienda at 221 SHRS all clear no issues to report Arrived at San Juan Bautista school at 2220HRS all clear no issues to report.

Arrived at Mission Vista apartments at 2230HRS all clear no issues to report.

Arrived at Rancho Vista community at 2235HRS all Clear no issues to report.

Arrived at Mayor Jim West Memorial Park at 2240HRS all Clear no issues to report.

Arrived at San Juan Bautista cemetery at 2245HRS all Clear no issues to report.

Arrived at VFW at 2250HRS all Clear no issues to report.

Arrived at Mission garden at 2252HRS all Clear no issues to report.

Arrived at water tower at 2257HRS all Clear no issues to report.

Arrived at Lang St at 2306HRS all Clear no issues to report.

Patrolled all side streets from 2300 HRS till 0200HRS all Clear no issues to report. 0200HRS end of shift.

Employee ID: Name: Signature:
014 SJB Patrol
Submitted:
2023-07-04 01 :53
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Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/03/2023 2200 0600
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
2200HRS start of shift. Jose Hernandez and Junior Rangel partnered up.

Unit ID
008
License#
PPO 17913
Report#
21812042
2306HRS conducted foot patrol on 3rd street. The Santana gallery door was open. Code enforcement and store owners were notified. All other business doors were locked. 2316HRS conducted foot patrol at the soccer field restrooms. No issues to report. 2344HRS checked on Verutti park restrooms. No issues to report. 2348HRS checked the baseball field restrooms. No issues to report. 2352HRS conducted foot patrol on windmill market shopping center. All stores doors are locked. No issues to report
0003HRS conducted patrol at 800 Salinas Road. No issues to report. 0009HRS conducted patrol at mission farms campgrounds. No issues to report. 0014HRS conducted patrol at cooperleaf community. No issues to report. 0018HRS conducted patrol at the hacienda de leal hotel parking lot. No issues to report. 0020HRS conducted patrol at San Juan elementary school. No issues to report. 0022HRS conducted patrol at the windmill market parking lot. No issues to report. 0026HRS conducted patrol at the San Juan Bautista mission parking lot. No issues to report. 0028HRS conducted patrol at 706 1st. No issues to report. 0034HRS conducted patrol at Carl Martin Luck memorial library and Harvey's Lockup mini Storage.

All Clear no issues to report.
0l00HRS conducted patrol at mission Vista apartments parking lots. No issues to report. 0103HRS conducted patrol at Rancho Vista community. No issues to report. 0108HRS conducted patrol at mayor Jim west memorial park. No issues to report. 0125HRS conducted patrol at Neil's super market. No issues to report. 0129HRS conducted patrol at the city water tower. No issues to report. 0150HRS lunch
0222HRS conducted patrol at the windmill market. No issues to report 0224HRS conducted patrol on 800 Salinas Road. No issues to report 0229HRS conducted patrol at the mission farms campground. No issues to report 0233HRS conducted patrol at the copperleaf community. No issues to report 0234HRS conducted patrol at the hacienda de leal hotel parking lot. No issues to report 0236HRS conducted patrol at the San Juan school. Parking lot is empty. No issues to report 0239HRS conducted patrol at the San Juan Bautista mission parking lot. No issues to report. 0245HRS conducted patrol on 706 first street for 5 minutes. No issues to report 0251HRS conducted patrol at the Carl Martin Luck memorial library. Parking lot is empty. No issues to report
0252HRS conducted patrol at the Harvey's Lockup mini Storage. No issues to report 0253HRS conducted patrol at the mission Vista apartments parking lots. No issues to report 0255HRS conducted patrol at the Rancho Vista community. No issues to report 0259HRS conducted patrol at the mayor Jim west memorial park. Park was empty. No issues to report 0302HRS conducted patrol at the San Juan Bautista cemetery. No issues to report 0303HRS conducted patrol at the veterans hall. Gates are locked. No issues to report 0304HRS conducted patrol at the Valero gas station. No issues to report 0305HRS conducted patrol at the mission garden apartments parking lot. No issues to report 0306HRS conducted patrol at the Neil's super market. Patrolled the back and front of the store. No issues to report
0312HRS conducted patrol at the San Juan Bautista city water tower. Gate is locked. No issues to report
0313HRS patrolling city streets
0355HRS conducted patrol at 800 Salinas Road. No issues to report 0358HRS conducted patrol at the mission farms campground. No issues to report 0403HRS conducted patrol at the copperleaf community. No issues to report 0406HRS conducted patrol at the hacienda de leal hotel parking lot. No issues to report 0407HRS conducted patrol at the San Juan school. Parking lot is empty. No issues to report 0413HRS conducted patrol at the San Juan Bautista mission parking lot. No issues to report. 0414HRS conducted patrol on 706 first street for 5 minutes. No issues to report 0419HRS conducted patrol at the Carl Martin Luck memorial library. Parking lot is empty. No issues to report
0420HRS conducted patrol at the Harvey's Lockup mini Storage. No issues to report 0422HRS conducted patrol at the mission Vista apartments parking lots. No issues to report 0424HRS conducted patrol at the Rancho Vista community. No issues to report 0429HRS conducted patrol at the mayor Jim west memorial park. Park was empty. No issues to report 0434HRS conducted patrol at the San Juan Bautista cemetery. No issues to report 0435HRS conducted patrol at the veterans hall. Gates are locked. No issues to report 0436HRS conducted patrol at the Valero gas station. No issues to report 0437HRS conducted patrol at the mission garden apartments parking lot. No issues to report 0438HRS conducted patrol at the Neil's super market. Patrolled the back and front of the store. No issues to report
0440HRS conducted patrol at the San Juan Bautista city water tower. Gate is locked. No issues to report
0441 HRS patrolling city streets
0520HRS conducted patrol at the Valero gas station. No issues to report 0600HRS end of shift
Employee ID: Name: Signature:
008 Junior Rangel
Submitted:
2023-07-04 05:49
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Property
San Juan Bautista
ATTACHMENTS:

Kysmet Security Patrol inc
21 W Laurel Dr Unit 49 Salinas, California 93906
831-998-7963 -www.kysmet.net
Patrol Report
Report Date Start Shift End Shift
07/04/2023 1600 0000
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES Observations / Duties Performed
Contacts
Description Of Activities
Unit ID
007
1600: Arrived on shift. Conducted a vehicle inspection. Started patrol of SJB city limits.

License#
PPO 17913
Report#
21815055
1638: checked on Valero gas station. No suspicious activity or incidents to report at the moment. Area 1s secure.
1640: checked on veterans hall. No activity or incidents to report at the moment. Area is clear and secure.
1645: patrolled through mission Vista apartments. No suspicious suspicious or incidents to report at the moment. Area is secure.
1654: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report at the moment. Area is secure.
1700: patrolled through cemetery. Visitors are on property. No suspicious activity or incidents to report. Area is secure.
1710: patrolled through Salinas Rd. No suspicious activity or incidents to report at the moment. Area 1s secure.
1721: patrolled through mission farm campgrounds. No suspicious activity or incidents to report at the moment. Area is secure.
1727: met with code enforcement at city hall. Discussed preparations for residents that set off illegal fireworks.
1743: patrolled through mission Vista apartments. No suspicious activity or incidents to report. Area is secure.
1753: patrolled through rancho Vista 3rd trailside area. No suspicious activity or incidents to report.

Area is secure.
1800: patrolled through cemetery. No activity or incidents to report. Area is clear and secure. 1805: patrolled through mission garden apartments. No suspicious activity or incidents to report at the moment. Area is secure.
1813: checked on water tank. Verified gate is locked. No activity or incidents to report. Area is clear and secure.
1822: patrolled through windmill parking lot. No suspicious activity or incidents to report at the moment. Area is secure.
1828: patrolled through Hacienda Hotel. No suspicious activity or incidents to report. Area is secure. 1835: patrolled through mission Vineyard. No suspicious activity or incidents to report. Area is secure. 1842: patrolled through mission farm campgrounds. No suspicious activity or incidents to report. Area 1s secure.
1925: patrolled through SJB inner city streets. Focusing on residents setting off illegal fireworks.

Nothing to report at the moment.
1928: patrolled through SJB mission. No activity or incidents to report. Area is clear and secure. 1938: patrolled through mission Vista apartments. No suspicious activity or incidents to report. Area is secure.
1948: patrolled through cemetery. No suspicious activity or incidents to report. Area is secure. 2000: officer valadez informed me a resident had made contact with him and informed him that 2 bicycles were stolen from his residents on cedar. Resident gave a description of the bicycles and two male suspects( male in red hooded sweater, male in Grey hooded sweater). I then patrolled the area of mission Vineyard, mission farm campgrounds, and Copperleaf area but did not get visual of anyone matching the description of the suspects. Will continue to monitor. 2040: patrolled through rancho Vista 3rd trailside area. Residents are setting off safe legal fireworks.

No other activity or incidents to report at the moment. Will continue to monitor. 2100: resident informed me that people were setting off fireworks in the field behind the SJB mission.

Notified code enforcement. Was not able to make contact. 2234: conducted foot patrol around 5th, 6th, and 7th Streets and abbe park. Heavy illegal firework activity. Was not able to make contact due to multiple illegal fireworks going off. 2255: met with code enforcement.
2315: continued patrol of SJB city limits.
2325: patrolled through SJB inner city streets. Focusing on residents setting off illegal fireworks and show security presence. Illegal fireworks were set off but I was unable to locate individuals setting them off.
0000: end of shift.

Employee ID: Name: Signature: Submitted:
007 Josh Amaya 2023-07-04 23:50
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Kysmet Security Patrol inc License#
21 W Laurel Dr Unit 49 Salinas, California 93906 PPO 17913 831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/04/2023 1600 0000 010 21815111
PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES 1600 - 0000 - - - - - - - - - ATTACHMENTS:

Observations / Duties Performed
Contacts
Description Of Activities
1600HRS in route to SIB
1742HRS began solo patrol
1742HRS- 2135HRS Patrolled hot zones trying to spot fireworks. Mainly focused on 4th,5th,6th,7th and the rancho vista community. While patrolling the copperleaf area at 2005HRS was flagged down about some bike that were stolen from someone's house. Informed them to notify the sheriffs office and informed all other guards of the description for the males involved and a description of the bikes.

Nothing further to report
2140HRS-2215HRS began foot patrol of 4th ,5th , 6th, and 7th st as instructed by Rich brown. Walked all streets and watched for illegal fireworks.
2215HRS began driving around letting people know that no fireworks were allowed anymore. Notified 5 residents throughout muckelemi ST. Nothing further to report. 2300HRS met with rich brown to debrief. Nothing further to report. 0000Hrs End of shift
Employee ID: Name: Signature: Submitted:
010 Eduardo Valadez 2023-07-04 23:50
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Kysmet Security Patrol inc License#
21 W Laurel Dr Unit 49 Salinas, California 93906 PPO 17913 831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/04/2023 1800 0200 015 1688520440-616387901 PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES ---------- ATTACHMENTS:

Observations / Duties Performed
~ OTHER - SEE COMMENTS
~ PATROL CHECK OF PROPERTY
~ PATROLLED ENTIRE PARKING AREA
Contacts
Description Of Activities
1800- Start of shift
1843- arrived at water tower, conducted patrol no damages to report gate is undisturbed. No trespassers. Site is clear, Nothing further to report
1852- arrived at mission garden apartments. Conducted patrol of premises. No fireworks going on.

Site is clear, nothing further.
1853- arrived at Valero gas station, conducted patrol. No disturbances to report. Site is clear, nothing further to report.
1854- arrived at VFW, conducted patrol of property . Gates are all locked no damages to report. Site is clear nothing further to report.
1858- arrived at San Juan Bautista cemetery, conducted patrol. White Jaguar sedan parked at roundabout at the top of the hill. No damages to report. Site is clear nothing further to report. 1914- arrived at Mayor Jim park, kids playing in roundabout. No fireworks in area site is clear.

Nothing further to report.
1920- arrived at rancho way area, conducted patrol of area. No fireworks going on. Few residents playing basketball on the street. Area is clear. Nothing further to report. 1925- arrived at via serra area, conducted patrol. Area has no fireworks going on. Site is clear, nothing further to report.
1934- arrived at mission, conducted patrol of mission area and dirt parking area. No disturbances in premises. Site is clear, nothing further to report.
1937- arrived at rear of mission, conducted patrol of area. No activity going on. Site is clear, nothing further to report.
1953- arrived at windmill market shopping area. Conducted patrol of area. No disturbances to report.

Site is clear. Nothing further to report.
2002- arrived at San Juan elementary. Conducted patrol of area no trespassers on basketball courts or in school property. Site is clear. Nothing further to report. 2026- arrived at copper leaf housing area. Considered patrol. Legal fireworks at the park. Area is clear.

Nothing further to report.
2048- arrived at water tower area, parked on side of dirt road to keep a look out for fire works. On stand by for enforcement to take over watch.
2111- arrived at baseball park, on standby to get visual of illegal frre works. 2215- responded to yells at Muckelemi where code enforcement confronted a intoxicated make resident about getting verbally aggressive towards on of the guards on site. After Rich from code enforcement made contact with individual, he started yelling. Body cam was turned on. Situation was deescalated. All clear.
2233- arrived at San Juan cemetery conducted patrol. Site is clear no trespassers on premises. Nothing further to report.
2235- arrived at VFW conducted patrol. Gates area locked no damages to report no trespassers. Site is clear, nothing further to report.
2337- arrived to Valero gas station, conducted patrol of business. No transients at dumpster area. Site is clear. Nothing further to report.
2348- arrived at water tower, nothing out of the ordinary. Overflow is shut off. Site all clear. Nothing further to report
2415- arrived at windmill market. Conducted patrol all businesses are closed for the night. No trespassers. Site is clear, nothing further to report
2419- arrived at San Juan elementary. Conducted patrol. No trespassers. No damages to report. Site is clear nothing further to report.
2425- arrived at hacienda hotel, conducted patrol of parking area. There was a female in a white Lexus. Nothing out of the ordinary. Site is clear. Nothing further to report. 2429- arrived at copper leaf housing area, conducted patrol. Area is clear. A resident asked ifwe wanted a alcoholic beverage, I kindly declined the offer. Proceeded with patrol nothing further to report.
2451- arrived at mission garden apartments conducted patrol of area. Apartment complex is clear. No activity going on. Nothing further to report.
2452- arrived at Valero station, conducted patrol nothing out of ordinary. Site is clear. Nothing further to report.
2455- arrived at the VFW, conducted patrol checked gates and locks. Both are secure. Site clear nothing further to report.
0019- arrived at cemetery. Conducted patrol. Started on standby to see if any firework activity was going on. All clear nothing further to report.
0024- arrived at mayor Jim West memorial park. No one at park nothing out of ordinary. Site is clear nothing further to report.
0028- arrived at rancho housing area, conducted patrol no residents outside no disturbances to report.

Site is clear nothing further to report.
0035- arrived at via serra housing conducted patrol of area. No residents outside no activity to report.

Site is clear. Nothing further to report.
0041- arrived at mission, conducted patrol of area. Nothing to report. site is clear. 0044- arrived to the rear of mission, conducted patrol. No activity going on. No disturbances. Site is clear nothing further to report.
0045-0200- conducted city patrol. City streets are quiet. Meet up with patrol to hand over keys. No activity to report. City is clear nothing further to report.

Employee ID: Name: Signature: Submitted:
015 Alejandro Cecenas 2023-07-05 01 :50
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~ Print
Kysmet Security Patrol inc License#
21 W Laurel Dr Unit 49 Salinas, California 93906 PPO 17913 831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/04/2023 1800 0200 016 1688519969-711314145 PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES ---------- ATTACHMENTS:

Observations / Duties Performed
Contacts
Description Of Activities
C Alvarado & J Del Real
1800 Start of shift
1821 Unit 8 fueled up.
1854 Valero Gas station patrolled
1903 the Community of Rancho Vista was patrolled not a lot of activity 1914 Patrolled Third st
2010 patrolling the streets of San Juan Bautista
2030 watching for illegal fireworks and patrolling 3rd and 2nd street everything normal 2050 patrolling Rancho Vista area some activity
2130 patrolling and watching From the Water Tower little activity 2207 patrolling 3 and 6 and the cemetery all normal
2209 By orders of code enforcement we were told to notify residents that they would like all firework activity to be stopped by 1 0pm. As we were walking towards residents who were still outside they started screaming at me, they said they didn't need us in the city and got too close to me. I called over the radio that I would like backup, my first language is spanish and I feel more comfortable speaking it over the radio. The man started screaming that "this is America and speak English". The man was too intoxicated. I did not want to make the situation worse. Rich and Cecenas showed up to back us up.

Eventually they got calm and we left the area (Muckelemi) 2246 patrolling Zones 3 and 2 and Monterey Street
2330 patrolling the streets of San Juan Bautista
2412 patrolling the Rancho Vista Community area and the library 2446 patrolling the streets of Monterrey and 3 and 6 without incident 0108 patrolling the streets the windmill market area nothing to report 0115 patrolling Rancho Vista Community all normal
0200 End of shift. No other issues to report.

Employee ID: Name: Signature: Submitted:
016 SJB Patrol 2023-07-05 01 :56
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~ Print
Kysmet Security Patrol inc License#
21 W Laurel Dr Unit 49 Salinas, California 93906 PPO 17913 831-998-7963 -www.kysmet.net
Patrol Report
Property Report Date Start Shift End Shift Unit ID Report# San Juan Bautista 07/04/2023 2200 0600 008 1688533122-1089400043 PATROL ARRIVAL TIMES TO PROPERTY or ENTRY TIMES OF ACTIVITIES ---------- ATTACHMENTS:

Observations / Duties Performed
Contacts
Description Of Activities
2200HRS start of shift. Jose Hernandez and Junior Rangel partnered up. 2229HRS conducted patrol on 800 Salinas Road. No issues to report 2232HRS conducted patrol at the mission farms campground. No issues to report 2236HRS conducted patrol at the copperleaf community. Used fireworks were left on the middle of the road. We had to tum one off because it was on fire. 2240HRS conducted patrol at the hacienda de leal hotel parking lot. No issues to report 2242HRS conducted patrol at the San Juan school. Parking lot is empty. No issues to report 2249HRS conducted patrol at the San Juan Bautista mission parking lot. Patrolled the back and front of the mission. No issues to report
2251HRS conducted patrol at the Carl Martin Luck memorial library. Parking lot is empty. No issues to report
2317HRS conducted foot patrol on 3rd street. All business doors were locked. No issues to report 2334HRS conducted foot patrol at the Verutti park restrooms. No issues to report 2341HRS conducted patrol on 706 first street for 5 minutes. No issues to report 2348HRS conducted patrol at the mission Vista apartments parking lots. No issues to report 2349HRS conducted patrol at the Rancho Vista community. No issues to report 2353HRS Conducted patrol at the mayor Jim west memorial park. Park was empty. No issues to report 2356HRS conducted patrol at the San Juan Bautista cemetery. No issues to report 0000HRS break
0018HRS conducted patrol at the veterans hall. Gates are locked. No issues to report 0019HRS conducted patrol at the Valero gas station. No issues to report 0020HRS conducted patrol at the mission garden apartments parking lot. No issues to report 0021HRS conducted patrol at the Neil's super market. Patrolled the back and front of the store. No issues to report
0025HRS conducted patrol at the San Juan Bautista city water tower. Gate is locked. No issues to report
0026HRS patrolling city streets
0127HRS conducted patrol on 800 Salinas Road. No issues to report 0131HRS conducted patrol at the mission farms campground. No issues to report 0134HRS conducted patrol at the copperleaf community. No issues to report 0138HRS conducted patrol at the hacienda de leal hotel parking lot. No issues to report 0141HRS conducted patrol at the San Juan school. Parking lot is empty. No issues to report 0144HRS conducted patrol at the San Juan Bautista mission parking lot. Patrolled the back and front of the mission. No issues to report
0146HRS conducted patrol on 706 first street for 5 minutes. No issues to report 0152HRS conducted patrol at the Carl Martin Luck memorial library. Parking lot is empty. No issues to report
0154HRS conducted patrol at the Harvey's Lockup mini Storage. No issues to report 0206HRS lunch break
0241HRS conducted patrol at mission Vista apartments parking lots. No issues to report. 0245HRS conducted patrol at Rancho Vista community. No issues to report. 0250HRS conducted patrol at mayor Jim west memorial park. No issues to report. 0254HRS conducted patrol at the San Juan Bautista cemetery. No issues to report. 0256HRS conducted patrol at both veterans hall and Valero gas station. No issues to report. 0257HRS conducted patrol at mission garden apartments parking lot. No issues to report .. 0258HRS conducted patrol at Neil's super market. No issues to report. 0302HRS conducted patrol at the city water tower. Nothing to report. 0304HRS patrolling city streets.
0402HRS conducted patrol at 800 Salinas Road. No issues to report. 0407HRS conducted patrol at mission farms campgrounds. No issues to report. 0414HRS conducted patrol at cooperleaf community. No issues to report. 0417HRS conducted patrol at the hacienda de leal hotel parking lot. No issues to report. 0421HRS conducted patrol at the San Juan elementary school. No issues to report. 0422HRS patrolled the windmill market parking lot. No issues to report. 0425HRS conducted patrol at the San Juan Bautista mission parking lot. No issues to report. 0427HRS conducted patrol at 706 1st. Waited for five minutes. No issues to report. 0433HRS conducted patrol at Carl Martin Luck memorial library and Harvey's Lockup mini Storage.

No issues to report.
0435HRS conducted patrol at mission Vista apartments parking lots. No issues to report. 0438HRS conducted patrol at Rancho Vista community. No issues to report. 0442HRS conducted patrol at mayor Jim west memorial park. No issues to report. 0446HRS conducted patrol at the San Juan Bautista cemetery. No issues to report. 0448HRS conducted patrol at the veterans hall parking lot. No issues to report. 0449HRS conducted patrol at mission garden apartments parking lot. No issues to report. 0451HRS conducted patrol at Neil's super market. No issues to report. 0455HRS conducted patrol at the city water tower. No issues to report. 0456HRS patrol city streets
0520HRS Patrolled at Valero gas station.
0600HRS end of shift.

Employee ID: Name:
008 Junior Rangel
Signature: Submitted:
2023-07-05 05:51
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City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Eleven Month Period Ended May 31, 2023
Item #5E
City Council Meeting
July 18, 2023
REVENUES FY22 FY23 Annual YTD
Fund Actuals Actuals Budget Difference 92% Notes
General Fund 2,267,662 2,512,224 2,737,935 (225,711) 92% Special Revenue Funds:

Capital Projects Fund 327,676 2,487,141 3,186,996 (699,855) 78% B Community Development 77,055 86,580 404,514 (317,934) 21% A COPS 149,639 135,360 100,000 35,360 135% C
Parking & Restroom Fd 39,061 23,892 26,000 (2,108) 92%
Gas Tax Fund 88,792 85,776 98,520 (12,744) 87%
Valle Vista LLD 19,345 24,318 26,529 (2,211) 92%
Rancho Vista CFD 59,152 60,978 66,521 (5,543) 92%
Copperleaf CFD 19,211 20,763 22,650 (1,888) 92%
Internal Service Funds:

Blg Rehab. & Replace 34,833 34,833 38,000 (3,167) 92%
Vehicle Replacement 55,000 55,000 60,000 (5,000) 92%
Enterprise Funds:

Water
Operations 1,035,668 1,134,438 1,213,800 (79,362) 93%
Capital 92,555 - 79,350 (79,350) 0% B
Sewer
Operations 1,157,732 1,380,944 1,185,000 195,944 117%
Capital 6,244 - 484,352 (484,352) 0% B
TOTAL Funds 3,161,963 5,530,023 9,730,167 4,200,144 57% 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 Bautista
Expenditures ~ Budget Vs. Actual
For the Eleven Month Period Ended May 31, 2023
Item #5E
City Council Meeting
July 18, 2023
EXPENDITURES FY22 FY23 Annual YTD
Fund Actuals Actuals Budget Variance 92% Note
General Fund 1,615,850 1,724,046 2,425,349 (701,303) 71% Special Revenue Funds:

Capital Projects Fund 327,676 2,487,141 3,186,996 (699,855) 78% A Community Development 603,803 632,868 671,289 (38,421) 94% COPS 91,667 91,667 100,000 (8,333) 92%
Parking & Restroom Fd - - 2,500 (2,500) 0%
Gas Tax Fund 15,319 18,474 19,000 (526) 97%
Valle Vista LLD 57,576 25,711 26,529 (818) 97%
Rancho Vista CFD 34,607 33,537 66,521 (32,984) 50%
Copperleaf CFD 13,298 17,742 22,650 (4,908) 78%
Development Impact Fee Funds
Public/Civic Facility 2,480 2,475 2,700 (225) 92%
Library 10,869 4,070 4,440 (370) 92%
Storm Drain 3,148 3,146 3,432 (286) 92%
Park In-Lieu 274 275 300 (25) 92%
Public Safety 786 781 852 (71) 92%
Traffic 396 396 432 (36) 92%
Enterprise Funds:

Water:

Operations 726,149 678,390 805,232 126,842 84%
Capital 96,807 13,475 79,350 65,875 17% A
Sewer
Operations 745,506 861,965 923,911 61,946 93%
Capital 777,598 511,333 484,352 (26,981) 106%
TOTAL Funds 3,557,473 5,383,446 8,825,835 3,442,389 61% Footnotes:

A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.

Additionally, some projects have been moved to the next fiscal year. 7/10/2023
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 6/1/2023 Through 6/30/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name
Matching Document
Date Check Amount
6/1/2023 216739 AFLAC 5/31/2023 934.44
6/1/2023 216740 at&t 5/7/2023 91.37
6/1/2023 216741 Baker Supplies and Repairs 5/4/2023 785.98 6/1/2023 216742 California Association for Local Economic Development 5/26/2023 3,600.00 6/1/2023 216743 CALNET 5/19/2023 352.84
6/1/2023 216744 CMAP 3/31/2023 1,027.14
6/1/2023 216745 CSG Consultants, Inc. 1/1/2023 10,445.00 6/1/2023 216746 California State University Fresno, Foundation10/16/2023 900.00 6/1/2023 216747 Cypress Water Services 2/28/2023 22,350.00 6/1/2023 216748 David Medeiros. 2/6/2023 95.00
6/1/2023 216749 Destiny Software Inc. 7/1/2023 4,500.00 6/1/2023 216750 Ethan Usher 5/18/2023 231.51
6/1/2023 216751 FedEx 5/17/2023 34.26
6/1/2023 216752 Home Depot Credit Services 4/26/2023 315.51 6/1/2023 216753 J.C.J. Electric Corp. 5/18/2023 891.33
6/1/2023 216754 J.V. Orta's Rent A Fence 7/27/2023 225.00 6/1/2023 216755 Joe's Lanscaping & Concrete, Inc 1/1/2023 18,852.33 6/1/2023 216756 Kimley-Horn and Associates, Inc. 4/30/2023 11,080.00 6/1/2023 216757 Landscape Design By Rosemary Bridwell CCN5/17/2023 200.00 6/1/2023 216758 Liebert Cassidy Whitmore 4/30/2023 1,462.00 6/1/2023 216759 Margaret Clovis 5/26/2023 1,650.00
6/1/2023 216760 Miguel Garfias 5/13/2023 700.00
6/1/2023 216761 MNS Engineers, Inc. 4/30/2023 38,773.78 6/1/2023 216762 Monterey Bay Analytical Services 4/27/2023 4,633.00 6/1/2023 216763 New SV Media 5/26/2023 441.30
6/1/2023 216764 P G & E 5/21/2023 745.21
6/1/2023 216765 Pet Waste Co 5/18/2023 217.85
6/1/2023 216766 Pinnacle Healthcare Medical Group 5/19/2023 80.00 6/1/2023 216767 Ready Refresh 5/12/2023 223.98
6/1/2023 216768 Regional Government Services 3/3/2023 1,836.20 6/1/2023 216769 Rx-Tek 5/18/2023 790.00
6/1/2023 216770 San Benito County Sheriff 5/7/2023 2,470.00 6/1/2023 216771 San Benito Tire Pros 5/16/2023 99.95
6/1/2023 216772 Smith & Enright Landscaping 5/31/2023 3,915.00 6/1/2023 216773 Sound Design A/V Contractors 5/22/2023 1,127.58 6/1/2023 216774 Sprint 5/7/2023 452.72
6/1/2023 216775 Stantec Consulting Services Inc. 4/28/2023 7,298.00 6/1/2023 216776 Staples 5/13/2023 342.61
6/1/2023 216777 State Compensation Insurance Fund 6/21/2023 5,338.75 6/1/2023 216778 True Value Hardware 5/12/2023 419.03
6/1/2023 216779 US Bank 4/20/2023 8,460.27
6/1/2023 216780 US Bank Equipment Finance 6/7/2023 249.61 6/1/2023 216781 Valero Wex Bank 5/11/2023 1,126.00
Page: 1
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 6/1/2023 Through 6/30/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name
Matching Document
Date Check Amount
6/1/2023 216782 Valley Welding 5/15/2023 650.00
6/1/2023 216783 Wendy L. Cumming, CPA 5/10/2023 5,073.75 6/13/2023 216784 4Leaf, Inc. 5/31/2023 970.11
6/13/2023 216785 All Clear Water Services 5/31/2023 4,100.00 6/13/2023 216786 att.com 6/1/2023 66.69
6/13/2023 216787 AVAYA 6/5/2023 250.66
6/13/2023 216788 Brigantino Irrigation, Inc. 5/12/2023 76.54 6/13/2023 216789 Charter Communications 5/27/2023 581.95 6/13/2023 216790 Citygate Associates, LLC 5/31/2023 6,921.66 6/13/2023 216791 Clark Pest Control 6/5/2023 111.00
6/13/2023 216792 Data Ticket Inc. 4/30/2023 220.25
6/13/2023 216793 Erika Amezcua 6/9/2023 700.00
6/13/2023 216794 FedEx 5/27/2023 31.93
6/13/2023 216795 Hamner Jewell Associates 5/31/2023 485.00 6/13/2023 216796 iWorQ Systems 7/1/2023 6,000.00
6/13/2023 216797 J.V. Orta's Rent A Fence 7/4/2023 600.00 6/13/2023 216798 Kysmet Security & Patrol Inc 5/31/2023 9,973.00 6/13/2023 216799 Monterey Bay Analytical Services 4/25/2023 2,829.00 6/13/2023 216800 Rx-Tek 5/2/2023 2,270.18
6/13/2023 216801 Wallace Group 4/30/2023 1,096.25
6/13/2023 216802 William Vance 6/9/2023 25.91
6/16/2023 216803 Baker Supplies and Repairs 5/17/2023 446.37 6/16/2023 216804 Data Ticket Inc. 1/31/2023 680.00
6/16/2023 216805 Government Forms and Supplies 5/31/2023 233.01 6/16/2023 216806 Heliena Walton 6/19/2023 298.50
6/16/2023 216807 P G & E 6/4/2023 12,281.08
6/16/2023 216808 Patricia Bains 6/19/2023 298.50
6/19/2023 216835 McKim Corporation 5/31/2023 84,883.52
6/27/2023 216815 AFLAC 6/30/2023 934.44
6/27/2023 216816 at&t 6/7/2023 101.36
6/27/2023 216817 CALNET 6/19/2023 349.19
6/27/2023 216818 Cypress Water Services 5/31/2023 11,175.00 6/27/2023 216819 Dale Coke. 6/30/2023 3,000.00
6/27/2023 216820 Data Ticket Inc. 5/31/2023 200.00
6/27/2023 216821 Design Line & Granger 6/16/2023 434.82 6/27/2023 216822 First Alarm 7/1/2023 493.41
6/27/2023 216823 Michelle Sabathia. 6/30/2023 300.00
6/27/2023 216824 Monterey Bay Analytical Services 6/8/2023 1,360.00 6/27/2023 216825 Pacific Crest Engineering Inc. 4/28/2023 2,925.00 6/27/2023 216826 Pet Waste Co 6/19/2023 217.85
6/27/2023 216827 Quadient Leasing USA, Inc. 7/1/2023 473.47 6/27/2023 216828 Ready Refresh 6/12/2023 213.92
6/27/2023 216829 Sentry Alarm System 7/1/2023 837.00
6/27/2023 216830 Smith & Enright Landscaping 6/30/2023 5,296.59 Page: 2
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 6/1/2023 Through 6/30/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name
Matching Document
Date Check Amount
6/27/2023 216831 Sound Design A/V Contractors 6/8/2023 978.75 6/27/2023 216832 Sprint 6/7/2023 452.72
6/27/2023 216833 Stantec Consulting Services Inc. 5/19/2023 16,085.63 6/27/2023 216834 US Bank 5/22/2023 3,789.75
Report Total 351,538.31
Page: 3
CITY MANAGER’S REPORT
Fire Department Update
Chief Del Campo
Sheriff and Law Enforcement ServicesTalk with Sgt Penny every week Coordinate priorities for Deputy Villanueva
Very Pro-active, responding to every complaint
Talked with security 3 camera vendors (5.16.23, 6.12.23, 6.30.23) waiting for one more proposal to make a recommendation
CITY MANAGER’S REPORT
Recreation & Library programsThe Recreation Technician Position Advertised for 6 weeks- no reply ($19.24-26.72/hr)
Santa Clara County pays $32/hr
It is the middle of summer- full employment
Joined two Rec. Associations- advertising there now
Re-Advertising without a salary (BOQ)
Hesitant to start new programs before it is filled
Community Hall Acoustics Upgrade- award July 18, 2023
The Credo Studios “Beat Camp” was held in June
Summer Discovery Camp does not appear to moving forward Art in the Park on the 3rd Saturday of the next three months

CITY MANAGERS REPORT
Program name: Arts in the Park - where the art is!
Program event dates:

1. Saturday, July 22, 2023 11AM-2PM
@SJB City Library and Carl Martin Luck Memorial Park

2. Saturday, August 19, 2023 11AM-2PM
@SJB City Library and Carl Martin Luck Memorial Park

3. Saturday, September 23,2023 11AM-2PM
@SJB City Library and Carl Martin Luck Memorial Park
Program concept: Outdoor Open Studios showcasing the materials, techniques, and work of community artists from the major disciplines: Visual Arts, Dance, Theatre, Music Program audience: Residents of San Juan Bautista & Aromas: Adult, Youth, Kids, Seniors Program Objective: Community building, Arts Literacy, Recreation

CITY MANAGERS REPORT
San Juan Bautista Senior Organizing Committee (June 26th) Listening Sessions- well attended
Re-Opening Senior Lunches w/Jovenes de Antonio in July
Partnering with San Juan Service Club
Goals is to have a dedicated site
Village Movement California –
https://villagemovementcalifornia.org/about-us/
Village Movement California is a coalition of grassroots community organizations called villages. Together with
our partners, we seek to revolutionize the experience of aging.

CITY MANAGER’S REPORT
RFP for Landscaping Services Drafted - sent out August 14, 2023 Shared draft CFD resolution with Copperleaf and Ranch Vista Residents
RFP for ADA/Accessibility Study- Due back August 1, 2023 Grant funds of $10,000 awarded from CIRA
Help to prioritize our Accessibility Investments
Buildings and Streets/Sidewalks
RFP for Legal Services- Due back July 21st, 2023
Setting up a City Council Ad Hoc Committee
CITY MANAGER’S REPORT
Wastewater Update
Hollister
Attended the Hollister City Council meeting June 20, 2023 Hollister approved the City’s Agreement 4-1 Vote
Minor amendment before the Council 07.18.2023
Contract award/Budget
On this agenda with contingencies
USDA has to approve the budget
Environmental Mitigation Credits
Have to have these under contract before breaking ground CITY MANAGER’S REPORT
Water Update
June 26, 2023 Proposal from HDR approved by City
3-month schedule to get to 30% design (October)
Re-evaluate Budget
Environmental Impacts
Initiated conversation with Cal Trans
two Encroachments on “old” Hwy 156 –
Union Road and Mission Vineyard
Two Agreement with Cal Trans pending for “casings” under the Hwy

CITY MANAGERS REPORT
Citygate Report Draft Received
Under review by staff prior to publication
UGB-SOI Restarted and Underway (June 13 and June 27th)
Reviewing Recommended draft SOI, & again on July 25th
Reviewed “Base Maps” and natural barriers
Touring the City’s Borders July 25th
Looking at other County Greenbelt Agreement with cities Sonoma, Ventura and others
Economic Development
A lot of great feedback from those attending training in LA Public meeting tomorrow the 19th to share
Looking into State sponsored programs as wellInclusive Innovation Hubs – CA Small Business Advocate

CITY MANAGERS REPORT
AMBAG “REAP2” Applications due at the end of the summer “Regional Early Action Planning Grants”
Two types; regional and local
City will apply for a local REAP2 grant
Fits well with the Multi-Modal Center project
Multi Modal Project Grant ApplicationCal Trans - $300k Results due in August
Draft Land-Use/Zoning Ordinance presented to PC concerning “Pop-Ups” Housing Element
Kick-off meeting with Planning Commission held 6.29.23
Joint Council-PC Meeting August 29th

CITY MANAGERS REPORT
Solid Waste (SB County Integrated Waste Management)
Recology Rate Increase July 1 (5%)
New Intern, promoting Hazardous Waste programs
LED Light Exchange
Mail back program for SHARPS and old medications
Invited to talk about Landfill, but consultant unavailable Green Business Awards tomorrow July 19th 5:30
at the Veterans Memorial Building in Hollister
3 new business (11 total)
Item: 9.A
City Council Meeting
July 18, 2023
1 CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: JULY 18, 2023
DEPARTMENT: ADMINISTRATION/CITY CLERK
FROM: ELIZABETH SOTO, CMC, CPMC, DEPUTY CITY CLERK /

ADMINISTRATIVE SERVICES MANAGER
BY:

TITLE: LEAGUE OF CALIFORNIA CITIES (LCC) VOTING DELEGATE RECOMMENDED MOTION:

Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 20-22, 2023.

RECOMMENDATION:

It is recommended that the City Appoint a delegate and an alternate voting delegate for the annual League of California Cities General Assembly on policy resolutions and further authorize the City’s delegate to vote on the Cal Cities’ proposed policy resolutions.

EXECUTIVE SUMMARY:

The League of California Cities 2023 Annual Conference and Expo is scheduled for September 20-22, 2023 in Sacramento California. A voting delegate is a councilmember that will be representing the City of San Juan Bautista at the General Assembly. Delegates during the General Assembly will be voting on resolutions, which if approved, become Cal Cities policy.

Voting delegates need to attend the full conference (September 20-22, 2023) through the General Assembly, which takes place on Fridays of the annual conference.

The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at the General Assembly meeting.

BACKGROUND:

Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities 2 diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president.

FISCAL IMPACT:

None
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

Item #9.B
City Council Meeting
July 18, 2023
1 CITY OF SAN JUAN BAUTISTA

CITY COUNCIL REPORT
AGENDA TITLE: FIRST ANNUAL REPORT OF THE ECONOMIC

DEVELOPMENT CITIZEN ADVISORY COMMITTEE
(EDCAC) - A STANDING COMMITTEE OF THE CITY

COUNCIL FOR BUSINESS IMPROVEMENT,

RESILIENCY, AND OVERALL COMMUNITY ECONOMIC

DEVELOPMENT
MEETING DATE: July 18, 2023
DEPARTMENT HEAD: Brian Foucht, Community Development Director RECOMMENDED ACTION(S):

Accept the report of the EDCAC and direct staff and the committee toward preparation of an economic development strategy for San Juan Bautista.

BACKGROUND:

In September, an informal group of San Juan Bautista business interests (San Juan Bautista Business Forum) expressed a desire to establish a formal, organized approach to address business improvement, resiliency and overall economic development in San Juan Bautista. The Business Forum discussion focused on the need for 1) enhanced resources for local business development and support; 2) organized communication and follow up with staff and City Council regarding these concerns, and 3) ongoing liaison and follow up with economic development resources in San Benito County and through State and Federal agencies.

In September 2021, Mayor Jordan asked that this discussion be placed on the City Council agenda for discussion and possible direction to staff, resulting in formation of the EDCAC. The attached report contains and brief history of the formation of the EDCAC, followed by a report and recommendations prepared by three subcommittees established by the EDCAC as working groups to address various aspects of economic development.

DISCUSSION:

The 11 - member (as constituted) EDCAC provides an invaluable filter to identify economic development connections and relationships initiatives most helpful to the City’s business and overall economic outlook. The EDCAC has struggled at times, but prevailed collaboratively to achieve a unified set of prescriptions capable of evolving a local strategy.

Item #9.B
City Council Meeting
July 18, 2023
2 Nonetheless, the Committee, through the activities of its subcommittees, ultimately over-reached beyond the intent of the City Council; i.e. subcommittee members have developed and implemented specific programs well ahead of City Council acknowledgement, direction and assignment of administrative support. In a few instances lines have been blurred between private or individual member interests and those local public interest initiatives that require support from strategic and leveraged grant funding or the City’s general fund. These are not negative results; it means that aspirations of Committee members for the City, commitment, and excitement among members regarding a new way of looking community health and economic resilience, and communication between EDCAC members, its subcommittees and community affiliates is at a very high level. The EDCAC was designed to accommodate this sort of integrated outreach, as a way of enriching the Committee’s knowledge base necessary for informed recommendations to the City Council.

Further Discussion Items: As the Committee goes forward staff recommends that the City Council request that the EDCAC incorporate the following measures:

1. EDCAC more frequently (quarterly) involve the City Council in dialogue;

2. Prioritize and report EDCAC subcommittee recommendations, endorsed by the Committee as a whole, as a set of economic development policies and implementation programs for reference in the SJB Economic Development Strategy Plan and General Plan;

3. Continue to work to evolve relationships using resources referenced in the City’s 2023-24 Budget;

4. Reemphasize and confirm the valuable role of each subcommittee, as currently constituted.

Staff recommends that the existing EDCAC subcommittees demonstrate the continued ability to work to accomplish their objectives in the manner established by the EDCAC. In particular, staff recommends that the City Council direct the EDCAC to ensure that working subcommittees are integrated, interdependent and mutually supportive.

Attachments:

EDCAC Report 2022-23
EDCAC Bylaws
Community Resource Committee Annual Report | 1
San Juan Bautista Economic Development Citizens Advisory Committee Overview Of Activities and Report 2022-23
With Recommendations
Formation, Organization and Support
The City Council formally established the Economic Development Citizens Advisory Committee (EDAC) via Resolution 2021-65 in November 2021 in response to a desire by the business community to establish a formal, organized approach to addressing business improvement, resiliency, and overall economic development in San Juan Bautista. The focus at the time was on 1) enhanced resources for local business development and support; 2) organized communication and follow up with staff and City Council regarding these concerns, and 3) ongoing liaison and follow up with economic development resources in San Benito County and through State and Federal agencies.

The need for organized community input to the then impending San Benito County Comprehensive Economic Development Strategy (CEDS) was cited a persuasive reason to establish the EDCAC. The importance of the EDCAC in addressing economic development initiatives for the benefit of the SJB community remains significant with the ongoing development of the Comprehensive Economic Recovery Fund (CERF) program. This top down economic development planning exercise is paving the way for funding economic development projects at the local San Benito County and SJB City levels.

EDCAC was established as a “standing committee” , first with 7 members and then subsequently increased membership to 11 members shortly thereafter via Resolution 2021-74.

Subsequent resolutions have been adopted recognizing member resignations and appointments; however, despite several opportunities to do so, the City Council’s intent and the assigned activities have not been amended in any way.

The City Council determined that organized, ongoing and formal communication regarding economic development requires a concerted partner-driven effort involving local education, the arts and culture, education, transportation, land development, public and private investment priorities, marketing and promotion. To accomplish this objective, the City Council established the EDCAC as a “standing committee” with the following purpose:
1) Stimulate the provision of enhanced resources for local business development and support; Community Resource Committee Annual Report | 2
2) Establish and maintain communication with City staff and City Council regarding business support, development, and overall economic development; 3) Establish and maintain an ongoing liaison with economic development resources in San Benito County and State and Federal agencies.

To accomplish this purpose, the City Council directed the EDCAC to conduct activities including but not limited to the following:
1) Host an active forum for exchange of ideas and information and otherwise reach out to the business community, residents, and visitors to promote business development; 2) Evaluate and determine the economic needs of the business community and residents; 3) Interact proactively with a broad spectrum of economic development interests; 4) Recommend strategies to the City Council to provide resources directly to local businesses.

A standing committee of this sort, distinguished from an ad hoc committee, is subject to the Brown Act (Government Code Section 54952) and also the “Maddie Act” (Government Code Section 54970 et seq) designed to increase public awareness of appointments made by the City Council and to provide the local legislative bodies access to critical talent resources that would otherwise go unused. This type of committee is subject to specific reporting requirements regarding appointments, terms and qualifications of committee members. Staff resources are necessary to support such committees, including preparation of the list of appointees, management of agendas and minutes, arrangement of resources, research, report preparation, and meeting facilitation, and implementation, via grants and staffing, of programs and activities.

The EDCAC adopted Bylaws on December 21, 2022.
(EDCAC meetings are recorded video meetings, and agendas, minutes and videos can be accessed on the City’s website at the following location: Welcome to San Juan Bautista, CA (san-juanbautista.ca.us)) This model is precisely what the Business Forum participants suggest is an important objective for the committee - a way to bring information, resources, and feedback to the City Council that would otherwise be difficult to access or obtain. Information and resources would be expected to come to the committee from staff, advisors, and committee research and outreach for organized presentation to the City Council.

The EDCAC has been supported from the beginning, at nearly every meeting, by a dedicated and knowledgeable technical advisory group (“advisors”) group of economic development professionals via the San Benito County Economic Development Corporation (Renee’ Wells) and Governor’s Office of Business and Economic Development (GoBiz: Danna Stroud and Brian Community Resource Committee Annual Report | 3
Coleman). Staff at the Monterey Bay Economic Partnership (MBEP) recently joined with GoBiz staff to provide support in connecting key resources discussed later in this report.

To date, the EDCAC has functioned without specific budget as a general fund expenditure as a Community Development Department Program.

The EDCAC very quickly understood the importance of establishing both a Mission Statement aligned with the City Council’s statement of purpose and of establishing a San Juan Bautista Vision statement as a way of ensuring that the Committee would work toward results that are aligned with the community values and long-term aspirations. The following are EDCAC Mission and City Vision statements adopted by the EDCAC to guide the work of the Committee and to frame recommendations to the City Council:

EDCAC MISSION STATEMENT
The San Juan Bautista EDCAC’s Mission is to engage, support and attract local business to create a sustainable, diverse community that promotes, increases and sustains economic opportunities and success, facilitates and promotes community activities that attract local citizens and visitors alike, and improves the quality of life in San Juan Bautista.

EDCAC VISION (statement) OF SAN JUAN BAUTISTA
San Juan Bautista is a small, welcoming City with a vibrant economy that is surrounded by protected and conserved open space. The City is enriched through preservation of its historical resources and creative expression through the arts and within its public places.

The City rests on a rural foundation that celebrates diversity, connectivity and supports residents and visitors alike with quality services and amenities within a well-developed central business district, a new employment center, and well-maintained neighborhoods. These attributes are made possible through education at all levels, focused government programs, and enlightened and compassionate governance.

Key work products attached as exhibits to this report explain the process used to derive these statements, including a member questionnaire, organized discussion of key topics of concern derived from the questionnaire, content analysis by staff of alternatives (interpretive guide) and finally a limited menu of preferred statements from which the above statements were derived.

These statements are the result of a successful EDCAC practice of establishing subcommittees to set the stage for action by full EDCAC.

Community Resource Committee Annual Report | 4

SUBCOMMITTEES
The depth and variety of the topics in the member responses to the questionnaire prompted staff and advisors to work with the Committee to establish subcommittees arranged by key topics derived from the City Council Resolution and the Mission and Vision Statements.

The EDCAC thereafter shifted the most significant work of the EDCAC to these subcommittees, with coordination by the EDCAC of subcommittee findings and recommendations during monthly meetings. Due to Brown Act requirements, such a structure prompted the EDCAC to establish rules of member conduct within and between subcommittees and with the EDCAC.

The EDCAC determined that all voting members must participate in one of three (3) subcommittees, with a requirement that not more than a quorum of EDCAC members may serve on an individual subcommittee, no member may serve on more than one subcommittee, and committee members may not discuss their work with members of other subcommittees outside an EDCAC meeting.

Each subcommittee has been responsible to develop an agenda, methods and cultivate resources necessary to accomplish their objective.

The work of subcommittees, taken together, are the basis for development of a local economic development strategy that can then be integrated with the City’s Economic Development planning, County CEDS program, CA GoBiz CERF program, and other ED programs.

The following are subcommittee roles, responsibilities membership and recommendations of each subcommittee
I. Economic Development Outreach Subcommittee (2022 members: Darlene Boyd, Lizz Sanchez-Turner, Fran Fitzharris; 2023 Members: Leslie Jordan, Fran Fitzharris, Lizz Sanchez - Turner) :

A. Role and Responsibility: This subcommittee will research and inform the EDCAC and other subcommittees of work by economic development organizations and entities within San Juan Bautista, the County and the broader region including: the San Juan Business Association; San Juan Committee; San Benito County Economic Development Corporation (CEDS initiative); San Benito County Economic Development Advisory Committee; San Benito County Business Council; San Benito County Chamber of Commerce; Hollister Downtown Association; Economic Development Corporation Partnership (San Benito County); Monterey Bay Economic Partnership; Rural Counties Representatives of California, Central Coast Coalition (Uplift Central Coast), and GoBiz (CERF initiative); and CALED.
• Current EDCAC appointed Members: Fran Fitzharris, Lizz Sanchez-Turner, Leslie Jordan.

Community Resource Committee Annual Report | 5
• Previously Appointed Members: Luke Kerbs (resigned); Beverly Meamber (resigned); Darlene Boyd (appointed to Community Relations and Resources subcommittee) B. Recommendations of the Outreach Subcommittee for the 2023 SJB EDCAC Outreach subcommittee researched nearly 40 organizations to obtain an idea of who might be positioned to:
1- Offer grants that may be pertinent to our planning – what are our priorities? 2- Might become suitable partners with our plans – what are our priorities? 3- Tools to guide us through the planning processes to create & review priorities, including sustainability.

San Juan Committee DBA:

San Juan Bautista Business
Association
The mission of this organization is to promote economic vitality while maintaining the charm and history of San Juan Bautista. .(This group can function to provide programs, offer services and engage in other activities that promote and support community development, acting much like a
community development corporation.)
San Benito County Economic
Development Corporation
(CEDS initiative development)
promotes economic growth and development in San Benito
County, California through business attraction, retention, expansion and creation, while maintaining and preserving our agricultural land and rural environment.

San Benito County Economic
Development Advisory
Committee
is committed to preserving and nurturing public access and participation in economic development and revitalization San Benito County Business
Council
Local business, agency & government leaders committed to actively contributing to the economic vitality and wellbeing of the communities of SBC
San Benito County Chamber of
Commerce
provide benefits and resources to support member
businesses for a strong community and regional economy, civic, cultural and educational climate.

Economic Development
Corporation Partnership (San
Benito County)
promotes economic development through business
attraction and support, creating economic opportunities to improve our quality of life.

Central Coast Coalition California’s Economic Development Network California Main Street Transformation strategies that articulate a focused, deliberate path to revitalizing or strengthening a
downtown or commercial district’s economy
Community Resource Committee Annual Report | 6
Save Our Town
https://saveyour.town/
specialize in low or no cost solutions, ones that will work in even the tiniest of towns.

SERP = CEQA Statutory
Exemption Restoration Projects:
https://wildlife.ca.gov/CuttingGreen-Tape/SERP
for fish and wildlife restoration … San Juan Creek?
Marsh/riparian restoration habitat? Upland restoration
habitat?

C. EDCAC Adopted Outreach Recommendations

1. City Council
Immediately update the City Community Center to a variable use facility. (i.e.: sound proofing, installing WIFI access, white board(s) projector, zoom live stream camera, microphone(s) for use by city committees and other organizations. Create a “Room Request Form” and calendar and access protocols for use.

2. Planning Commission
Legislate for the Historic Downtown Business zone property owners to maintain certain building and upgrade standards for appearance, safety, useability of space and timeliness of vacancies to help support city infrastructure and services to benefit the City, property owners, attract upscale tenants and economic development.

3. SJBBA (staff note: formerly San Juan Committee)
o Prepare actuary of city grants and statistical analysis upon the impact of advocacy efforts, marketing, and visitor attraction to our city. o Consider hiring a part/full-time social media producer and coordinator to attract visitors to our city/region. Use of grants with developing plans to sustain this position.

4. 2023 EDCAC planning
o Create a handbook for EDCAC members to allow for easy access to organizational expectations and processes as well as updating subcommittees and other task force formations and activities.
o Do a review of the Brown Act as presented to the City Council and the Planning Commission. Include this slide presentation and any updates in the handbook.

Community Resource Committee Annual Report | 7
o Study the SJB Strategic Plan to determine areas in which to pursue assistance, grants, partnerships. Brainstorm ideas, choose best ones to pursue. o Find funding sources ( and partners) that fit our priorities, rather than shaping our priorities to fit funding sources (and partners).
o Urge Business Development and Retention subcommittee to create a work plan (Pg. 18 in Revitalizing Main Street), including timelines, assignments, itemized budget if needed, pertinent data, and evaluation (benchmarks) procedure. Also read and adopt significant ideas of the book Recast Your City by Ilana Preuss.

Also review “Why Business Retention and Expansion Plans are Important for Downtowns” at https://www.mainstreet.org/blogs/national-main-streetcenter/2017/05/24/why-business-retention-and-expansion-plans-are-importantfor-downtowns. o Urge both Business Development and Retention and Community Relations and Resources subcommittee to review the Community Heart & Soul grant ( i.e.:
seed funds to establish the CHS community engagement model in your district; https://www.mainstreet.org/howwecanhelp/fundingopportunities) and MobileT grants (https://www.t-mobile.com/brand/hometown-grants).

II. Business Development and Retention subcommittee (3 members: Heliena Walton, Patricia Bains, Stephanie Correia ):

A. Role and Responsibility: This committee will take a hard and critical look to develop recommendations for establishing and enhancing business development and retention tools and practices in the City. The focus will be on the experience of prospective, new, and existing business interactions with the City, County, State and economic development entities to achieve stability and success.

• Current Appointed members: Heliena Walton, Patricia Bains, Stephanie Correia, Deanna Snyder;
• Previously Appointed Members: Fran Fitzharris (appointed to Outreach subcommittee)
B. The Business Development & Retention Sub-Committee Recommendations:

1. Update the City's website with a tab for business resources to make it user-friendly for potential businesses and resources for new and existing companies to utilize with actionable intel. We should have periodic workshops, such as the one provided by GoBiz, to educate and instruct our businesses regarding available resources and to stay up to date with emerging business support resources.

Community Resource Committee Annual Report | 8

2. It would be helpful to have a list of strategic alliances with community-based organizations, County and even State resources. For instance, we can partner with a Business Association and have a Business Resource Center in the heart of downtown.

Use the GoBiz model of providing information locally that will benefit local businesses.

3. Create a strategic plan for our new Business District and implement outsourced resources with the core competency to accomplish the goals. One measure of such a strategy would be to create disincentives for vacant buildings in Downtown.

4. Create a healthy City with Tourism which is a critical component to maintaining existing businesses and attracting new businesses to our City. We need to create a business retention and expansion plan. One way to do this is to create a marketing tool that emphasizes San Juan Bautista charm, such as a “San Juan Bautista Insider” magazine.

5. The revitalization of the main street is essential, whether we use Retail Strategies or piggyback on some options with the downtown Main Street program. Whatever source(s) are chosen, the bottom line is that we need professional assistance in order to reach our desired goal. The City should invest in a staff person that is contracted specifically to work directly and closely with local businesses and groups to accelerate ED.

6. There should be a program to support rehabilitation, including seismic retrofit of historic resources (via Mills Act tax credit program and grant funding) of buildings in the Downtown. Downtown revitalization should result in a greater diversity of restaurants and lodging.

7. We need to develop and maintain a social presence and marketing strategies with quantitative and qualitative rates with measurable outcomes.

8. We need to create on-boarding experience(s) around”aha” moments. A prime example would be partnering with the State Park to do re-enactments and maintain a consistent presence on the main street. The concept would be to ensure that activities at the State Park and the Mission filter into the Downtown in a significant way.

9. We need to create strategic alliances around tourism with Tour Bus Companies and create actionable moments. Revitalization must be accompanied by a reimagined and vibrant social atmosphere for locals that visitors would enjoy participating in.

For example, some of the things that are in the planning stages through one of our partners will be a “Murder Mystery” for the City which will create a “buzz” and draw in new people to participate in functions. These types of events will bring Community Resource Committee Annual Report | 9
excitement as well as anticipation of things to come.

10. We have identified some funding sources to support our efforts; however, we need a Grant Writer in order to gain access to the additional funding options such as Grants, funding from City, County, State and Federal sources.

11. We would like to work with the San Juan Committee to identify marketing benchmarks in the effectiveness of our current marketing strategy. It would be great to have a facilitated retreat with the San Juan Committee and the SJB Business Association to create a cohesive and mutually supportive, unified strategy.

III. Community Relations and Resources subcommittee (3 members):

A. Role and Responsibilities: This subcommittee will look ways to enhance the SJB Community with relationships and resources necessary to support the health, safety and well-being of City residents and business owners/employees, including creative placemaking, parks and recreation, business and resident collaborative groups, active transportation support amenities, the arts, security (connections with the safety committee) and health and wellness community and neighborhood activities and events. Appointed Members: Teresa Lavagnino, Kim Calame, Darlene Boyd; Previously Appointed Members: Rosa Velez (resigned); Kristina Hastings (resigned); Stephanie Correia (appointed to Business Development and Retention subcommittee) B. Subcommittee Report Summary:

Community Engagement This report reflects the work lead by the Community Resources sub- Committee of EDCAC. The committee is apprised of three volunteers from within the SJB community that strive to facilitate a process leading to a community- driven community recreation program. Rather than reformat the report delivered to the EDCAC and approved, the Community Relations and Resources Report is Attachment 1, as submitted.

The work of this subcommittee focusses on the health of residents and employees via recreation as a means of enhancing quality of life and establishing San Juan Bautista as a desirable place to live and invest in the future (see the attached subcommittee full report).

RESOURCES CONSIDERED BY EDCAC
 GoBiz: Governor’s Office Of Business Development
Business Forum CALOSBA - YouTube (January 11, 2023)
[email protected]; [email protected] Community Resource Committee Annual Report | 10
Linda Quiñones-Vaughan
Central California Regional Advisor
California Office of the Small Business Advocate (CalOSBA) Governor’s Office of Business and Economic Development
1325 J Street, Suite 1800 | Sacramento, CA 95814
(916) 447-7937 [Office]
(916) 716-2614 [Mobile]
 Comprehensive Economic Development Resilience Fund (CERF): See initial EDCAC presentation 2022 February 16 EDCAC (Economic Development Citizens Advisory Committee) - YouTube
 Retail Strategies Inc.: See EDCAC presentation September 21, 2022 2022 September 21 EDCAC (Economic Development Citizens Advisory Committee) - YouTube  California Main Street (Main Street USA): See EDCAC presentation October 26, 2022 2022 October 26 EDCAC (Economic Development Citizens Advisory Committee) - YouTube
 San Benito County Economic Development Corporation Comprehensive Economic Development Strategy (CEDS) See September 21, 2022 2022 September 21 EDCAC (Economic Development Citizens Advisory Committee) - YouTube

EDCAC AFFILIATED MEMBERSHIPS
Affiliated Memberships Various subcommittee members are also involved in other economic development initiatives and organizations as follows:
 Leslie Jordan and Stephanie Correia: EDCAC liaison to San Benito County Comprehensive Economic Development Strategy (CEDS) Steering Committee;  Fran Fitzharris, Leslie Jordan: San Juan Bautista Business Association (501C3) (Formerly San Juan Committee / San Juan Bautista Community Business Association)  Heliena Walton, Patricia Bains: San Juan Bautista Business Association (501(c ) (3); Discover San Juan Bautista (501(c )(6) in process)
 California Main Street (CAMS): The City is a member of California Main Street as a basic member. Sub members with access : Darlene Boyd, Leslie Jordan, Heliena Walton (in addition to Don Reynolds, with Brian Foucht as Main Street membership lead)
Community Resource Committee Annual Report | 11
 San Benito County Economic Development Advisory Committee (now combined with the SBC EDP): the SJB EDCAC is formally established as an ex-officio member. An EDCAC liaison has not been assigned.
 The City is a member of California Association for Local Economic Development (CalED) with free individual member access to webinars. CalEd programs include California Academy for Economic Development - CALED; AND Local Economic Advisory Program (LEAP) | edacademy.org
Community Resource Committee Annual Report | 1
EDCAC Report 2022-23
Attachment 1
San Juan Bautista Economic Development
Citizens Advisory Committee
Community Relations & Resources Sub-committee
2022-23 Annual Report
Community Resource Committee Annual Report | 2
San Juan Bautista
Community Recreation Project
Dream, Develop, and Deliver!
Community Resource Committee Annual Report | 3
The Benefits are ENDLESS!
Co mmu n i ty Recr ea t io n bui ld s Hea lthy Co mmu n i t ies ! It imp ro ves the “Quality of Life”
wi t h i n i ts commu n i t y.

The ben ef i ts of Co mmu nit y Recr ea t io n
rea ch es co mmu n i ty memb er s of all ag es and cu ltu res .

Parks an d Recr ea t io n pro grams br ing
o p p o r t un i t ies fo r t o u r ism.

Quali ty recrea t io n prog ra ms inv i te new families and b u s i n ess t o a co mmu n i ty.

SUMMARY
The City of San Juan Bautista, Ca.
hosts a population of 2,086. To
address local issues, an Economic
Development Citizens Action
Committee (EDCAC) was
developed.

This report reflects the work lead
by the Community Resources subCommittee of EDCAC. The
committee is apprised of three
volunteers from within the SJB
community that strive to facilitate
a process leading to a communitydriven community recreation program.

Community Resource Committee Annual Report | 4
Community Resource Committee Annual Report | 5

INTRODUCTION

D R E A M
A unique opportunity to “dream” what we as the citizens want in a community recreation program.

D E V E L O P
Create values, systems, and funding opportunitiestailored to meet our foundational needs through ongoing community engagement.

D E L I V E R
Provide a sustainable community recreation program that will benefit the community of San Juan Bautista.

Figure 1
Community Resource Committee Annual Report | 6
DREAM Priorities
• Engage our
community
• Partner with
businesses
• Build
relationships
• Analyze existing
programs

A D D E D

P R I O R I T I E S
• Engage with
youth
• Connect with
advocates
• Develop
partnerships and
sponsorships
• Explore Mutiagency Use
Agreements,
(school district,
County, nonprofits, etc.)
A g e n d a s
D R E A M M e e t i n g 1
A g e n d a
• Introductions
• Meet and Greet
• Activity
Brainstorm
• Survey
• Wall Exercise
DREAM

C O M M U N I T Y E N G A G E M E N T
Community engagement is essential to building support for developing a community recreation program. As a small community, our physical and structural resources that are available for recreation programming are limited. By leveraging the support of the community through engagement, we can benefit from a variety of individual, non-profit, commercial and government resources.

M E E T I N G 1
Our first meeting hosted 18 people from a variety of backgrounds. We talked about the benefits that a community recreation program can bring to a community. We brainstormed the recreational activities that people were looking for in our community. We also developed a big idea form that anyone could complete. These were available at a variety of locations around SJB.

In summary, we want it all!
In introductions, each person introduced themselves and talked about how recreation programs have influenced their lives. There were a variety of different recreation interests, including sports, music, fitness, wellness, aquatics, field trips, camps, free programs, events, and more. We also discussed:
“How Community Recreation can benefit a community?”
• Connects and brings a community together including the Mission, the School District, and local and regional business partners. • Improvesthe health and wellness of people within the community. • Providesskill-building and socialization in a positive environment. • Delivers life-long learning opportunities.
• Can support localsocial problems (drug use, mental health, nutritional support, builds confidence, obesity, etc.)
• Provides positive activitiesfor all ages.
• Builds economic development through events, programs, and activities.
• Recreation provides a conduit for Social Equity through free and reduced fee programs.
• Connects communities with local business through sponsorships/ partnerships.
• Increases tourism.
• Escalates economic development.
• In recreation, sportsmanship matters.
• Recreation can work with other agencies to provide services, (Meals on Wheels, Shuttle services, etc.)
• Celebrates Cultural Events.

Community Resource Committee Annual Report | 7
D R E A M M e e t i n g 2
A g e n d a
• Introductions
• Brainstorm
Results
• Survey Results
• Focus Groups
Q1-4
D R E A M M e e t i n g 3
A g e n d a
• Introductions
• Review Meetings
1 and 2
• Results of Focus
GroupQuestions
1-4
• Focus Groups
Q5-8
Next, each person completed a survey and added activities to our wall exercise. Large poster paper was placed on the wall with categories of recreation activities, and participants listed activities/programs in which they were most interested.

M E E T I N G 2
In this meeting, about a third of the attendees were also at the first meeting, We had a total of 19 attendees. We reviewed the results of our activity brainstorm, and we reviewed the results of the survey and the ideas collected in the Big Idea form. We had a solid variety of interests represented in this meeting and a strong interest to get some going as soon as possible.

There were community members that have been at each meeting and representatives that can connect us with sponsorship/partnership opportunities.

M E E T I N G 3
We had 17 attendees at this meeting, many of them were new and leaders within their organizations. In this meeting, we had several new advocates including representatives from the city council, the school district, non-profit leaders, and state parks. We provided a summary of all our meetings and reviewed the results of focus group question 1-4. Then, we divided into focus groups and completed discussion for focus group questions 5-6. Finally, we asked for volunteers to help us develop systems, programs and administrative policies and processes.

T H R O U G H T H E S E M E E T I N G S A N D T H E

S U P P O R T O F O T H E R G R O U P S I N T O W N ,

W E H A V E C O L L E C T E D A N I N V E N T O R Y O F

P R O G R A M S , C O N T A C T S , A N D
A D V O C A T E S .

For the next two, meetings, we had a nice mix of new people and returning supporters. Below, you will see a summary for each meeting. Please refer to Addendum pages for the survey results, which includes activities listed during a wall exercise. Also, see the discussion notes regarding each focus group questions.

Community Resource Committee Annual Report | 8
The first phase of the Community Recreation Project was to connect and to create engagement opportunities with people that see the benefits that come with community recreation. While we identified “Dream” as the “first phase”, that doesn’t mean the dreaming ever stops.

We will always seek input and feedback throughout all our processes as we move toward the next phases,
DEVELOP, then, DELIVER!
Community Resource Committee Annual Report | 9

W H A T C A N

S O C I A L

E Q U I T Y L O O K

L I K E I N

S A N J U A N

B A U T I S T A

C O M M U N I T Y
R E C R E A T I O N ?
“It is a right, not just a privilege,
for people nationwide to have
safe healthful access to parks
and recreation…regardless of
income level, ethnicity, gender,
ability or age.” Cities across the
nation are beginning to
incorporate the value of social
equity into their parks and
recreation planning.

Free and reduced fee-based
programs and activities are
strong components on the path
to social equity in recreation.

Social Equity in Recreation
Providing access to parks and recreational
opportunities to all members of a
community is a critical opportunity for
enhancing social sustainability within a
community. Parks promote physical activity
and promotes mental wellness in addition
to decreasing crime rates. In local
governments across the nation,
consideration of social equity in parks and
recreation operations lie on a broad
spectrum. The Department of Parks and
Recreation at the City of Sacramento,
California has its own sustainability
plan based on the Triple Bottom Line
principle including social equity. This strategy
is something we should explore in the
Develop Phase.

In other communities, public serviceoriented leadership strives to provide low or no cost recreational programs to allow
greater access.

We must address these concepts as a
foundation to building our Community
Recreation Program.

Community Resource Committee Annual Report | 10

DEVELOP
We are now recruiting volunteers/advocates to build
program priorities, foundations, and schedules, and to help develop an administrative structure and processes with the city, develop funding strategies, and meet with potential partners and sponsors.

Once we recruit support, we will start working through all the steps necessary to building a community recreation
program. Our next meeting with be April/May.

Recreation
makes
life
Better.

DELIVER
Feedback has been consistent. People want to get something going so our community can see it and get excited about new recreational opportunities for the SJB community.

While we have some serious work in developing our values, infrastructure, administrative processes, volunteers and staff recruitment, there are programs that we can start very
soon…. the low hanging fruit. We will collate all the existing programs and work to promote them by season/quarter and send them to the community through an eblast.

To deliver a sustainable community recreation program, we need to think out of the box! We need to ask for more than we think we deserve and be creative in developing
sustainable funding strategies while attaining strong
partnerships and sponsorships. We can build our own unique model.

Community Resource Committee Annual Report | 11
The Little Town that could,
should, and will…
Phase 2 and 3, Develop and Deliver, will and can go hand in hand. We can develop as we go.

It will be a process, but with patience and support from our community, our local and regional government leadership, schools, and our business community, we can design an
organically-grown, unique, sustainable, robust community recreation program for all ages.

Community Resource Committee Annual Report | 12
• Establish task forces consisting of interested parties, including local and regional volunteers, local non-profits, and city leadership. Each committee becomes one of three task forces:

Program Taskforce, Administrative Taskforce, Strategic Funding Task Force. • Develop clear,sustainable funding strategies.
• Identify potential corporate and sponsorship
opportunities. Make contact. Develop levels of
sponsorship packages.
• Collaborate with organizations thatsupport and
provide existing sports, arts, and other
recreational programs to bring them under one
umbrella. Identify summer programs to develop an eblast. • Collaborate with School District to involve kids in this process. Connect with school leadership to develop school contest to develop artwork and tagline for a Community Recreation logo.
• Collaborate with school leadership to create programs for youth and teens, such as Youth Alliance, Teen Council, etc.
• Build facility inventory and identify gaps.
• Build a sustainable scholarship fund.
• Explore partnerships with local and regional.
• Collaborate with city leadership to develop systems that support registration, accounting, policies, and procedures.
• Develop Joint-Use Facility Agreements with the School District, State Parks and Hollister Parks and Recreation.
• Plan strategies to keep some activities free and/or reduced.

Next Steps
Community Resource Committee Annual Report | 13
CEDS: Recommended Projects
• Complete Luck Park Plan-Expand library
• At Luck Park, add Senior Center with catering kitchen, meeting rooms, and multi-purpose classrooms attached to Library. Add Visitor Center at Luck Park to better interpret the story of SJB.
• Use funding strategies to expand the High School Campus to include a full-service Community Recreation Center and
Community School programs to bring a Recreation/Education hub to the community, including a Technology Center. If not, explore a stand-alone Community Recreation Center.
• Support a Multi-Modal Hub that would increase tourism and support Community Recreation and Events.
• Splash Pad-Verutti Park, Abbe Park, or property near
Washington/Lang.
• More restrooms to support events and community
• Downtown Revitalization
• Skatepark
• Dog Park
• Active Transportation Plan
Community Resource Committee Annual Report | 14
The End…and the BEGINNING!
Parks and Recreation is more than just fun and games. It becomes the heartbeat of a community and provides a conduit to skill building, arts, improved health, wellness, sports, events, and socialization for all ages! Community Recreation raises the quality of life within a community, and it increases opportunities for tourism, and local businesses. “If change is to be, it’s up to you and me.”
“Dreams are simply goals with wings.” Charles Jordan, Parks, and Recreation The BENEFITS ARE ENDLESS!
Community Resource Committee Annual Report | 15
Addendum
An informal Survey includes a list of suggested activities/programs Focus Group Questions and Answers
Community Engagement Flyers Examples
Task Force Recruitment letter
Community Resource Committee Annual Report | 16
An Informal survey to determine priorities. Each X represents an answer for an individual.

1. Do you reside in San Juan Bautista?
Yes – X X X X X X X X X X X-11
No - X X X-3

2. Do you currently own, operate or volunteer for any organization that offers recreational programming in San Juan Bautista?
Please list:

None
Not Yet
ASJUSD
Scouts
Battle Barn Games
Anza Trail Volunteer
R.E.A.C.H San Benito Parks Foundation
Jr. Giants
Soccer
EDCAC
GoBIZ (Funding)
Pinnacles National Park Partnership
Who, in your household, would be participating in programs? (Check all that apply) Children under age of 5 - X X X
Children between 6-10 – X X X
Children between 11- 15 X X X X
Teens/Young adults between 16-20 X X
Adults 21-30 – X X X X X
Adults 31-40 X X X
Adults 41- 50 X X
Adults 51- 65 – X X X X X X X
Adults 66 + X X X X X X
Person(s) with a disability X (! yes, please), X
Are there any parks, recreation, or cultural activities that you or members of your household would like to see offered in San Juan Bautista that are not currently available? List as many as you would like.

Justice, Equity, Inclusion, Access
Judo, Intro extension of Watsonville Judo Club
Dog Park
Walking Trails in Town
Walking Club
Art & Wine
Community Resource Committee Annual Report | 17
Singles Events
Couples Events
Kids Waterpark
Festivals
Splashpad
Aquatic programs
Indoor park
Music
Dance
Art
Interactional Activities
Skate Park - X
Basketball courts,
Tabletop Gaming
Board Gaming
Robotics
STEM programs
STEAM Programs
Game Nights
Luck Park Plan
Community Garden
Culinary Arts
Theater
Biking
Chess Club
Bonsai
Yoga
Senior specific wellness programs
SJB Youth/Teen Commission
Camps-themed, school breaks for holidays, spring breaks and summer camps.

Transportation to out of town facilities for field trips.

Adult Leagues-All sports
Community Resource Committee Annual Report | 18
What programs would you be interested in? (Check all that apply) Children/young adult team sports
Craft/Fiber Art/ cooking activities - X X X X X X X
Fitness/wellness activities – X X X X X X X X X X
Recreation for people with disabilities – X X X X
Life-time sports (e.g., hiking, pickleball, climbing) – X X X X X X X X X Arts/music programs (i.e., art, theater or music lessons – X X X X X X Adult team sports – X X X X X X X X
Special Interest (i.e., Table games, gardening, self-improvement – X X X X X X X Educational programs (e.g., tutoring, English as a second language classes, STEM, STEAM) – X X X X X X
Childcare (afterschool, preschool, summer, and holiday break camps) – X X X X X X Technology programs (i.e., computer fluency lessons – X X X X X X X X Family activities (i.e., movie night, Indoor Park, Game nights) – X X X X X X X X X Senior programs – (i.e., social activities, health, and wellness activities) X X X X X X X Other (please specify)

3. Would you be willing to pay a fee to participate in programs offered through the Recreation Department?
Yes – X X X X X X X X X X
No – X
Comments: Budget-friendly, please

7. Do you participate in recreational activities offered in other cities? Yes - X X X X X X X
No - X X X
Community Resource Committee Annual Report | 19

8. If yes, which programs have you participated in and in which city have they been located? Where?
Swim
Santa Cruz
Capitola Bay Area Gaming Events
Historical Park
Regional Park
FPOA
Watsonville Bonsai Club
Hollister Recreation
Elkhorn Slough
SJB Life Drawing Group
7th & 8th grade basketball

9. How would you like to learn about future Community Recreation planning? (indicate all that apply) Emails - X X X X X X X X
Flyers in school backpack – X X X
Newspaper – X X X X
Public access television – X
Recreation information fair – X X X
Recreation website – X X X X X X
Social media – X X X X X X X
Other (please specify) – X
EDCAC

10. Do you support the development of a SJB Community Recreation Program? Yes –X X X X X X X X X
Comments – Absolutely!, Definitely
No – zero responses
Community Resource Committee Annual Report | 20
Focus Group Questions 1-4
The bullets listed under each question reflect the combined notes taken from multiple discussion groups. Repeated or similar listings indicate answers from more that one person.

1. Prioritize ourservice priorities. What are the benefits of recreation for each group. Why or why not …do we need to set priorities?
• Priorities determined by money and resources
• Find funding through grants
• Social, learning, Health, and Fun
• Look for city support to provide more access
• Take care of land, transportation, equipment
• Mental and physical health, community support
• Data collection
• Open space
• Youth and Teen-keep them active and engaged and off the streets • Adults-Time off from kids & parents, health, and Wellness activities • Seniors-Keep active and engaged
• People with disabilities
• Notes: Naming opportunities for Big Farm/Business
• Money from: True leaf, Taylor Farms, Coke, Willis, Granite Rock, • Strada Verde-get them to build a community center for P&R to serve senior programs, sports, fitness, classroom space, connected to outdoor space.

2. What are local community issues, with any age group, that we can address through recreation programming.

How can we best address immediate needs while working through the bigger picture? • Social/community engagement with good leadership
• Limit bullying-provide community support for team building and skill building (building relationships) • Provide training for community to work together and leadership skill building • Health and Well-being
• Gathering spaces
• Volunteerscreenings
• P&R can identify and show where more attention is needed. • A year-round, diverse recreation program
• Utilize the resources we in town to create recreation programs and a schedule • Collaboration and communication city and school district-all public money • Human Resources
• Transportation
• Accessibility
• Inclusion
• Vacant lots
• Identify programsthat don’t need money-knitting, walking, pick-up basketball, Indoor park Community Resource Committee Annual Report | 21

3. What values are important to sports programs: How do we establish a value surrounding sportsmanship and other bad behaviors from participants and spectators?
• Encourage participation
• Team building
• Leadership
• Community support
• Behavior contract
• Teach sportsmanship
• Competitiveness
• Self-motivation
• Fun
• Develop mission statement
• Set protocols-Program and Individual activity
• Spectators with bad behavior-no tolerance-eject them
4) What would the administrative structure look like in a SJB Community Recreation program? Is there a parks and recreation committee> Recreation Coordinator, Special event Coordinator? Both? Who would manage them? • Parks and Recreation Director FT or PT
• Parks & Recreation Coordinator
• School staff-sports to get credit for coaching
• City would manage them
• Volunteered-Require background checks
• Funded, paid positions
• Volunteers are important, sometimes hard to sustain
• Partnersupport San Benito County support
• CM Asst ACM Parks and Recreation Coordinator
• Create Parks and Recreation Commission
Community Resource Committee Annual Report | 22
Focus Group Questions 5-8
Our third community engagement meeting participants were divided into 4 groups to discuss and to initiate discussion on important topics needed to develop a Community Recreation program. Below, you will see the combined results of discussion for each group for questions 5-8.
5) How can we work with local businesses to support community recreation? Talk about ideas for developing partnership relationships?
• Work with local business to teach students about the business: Provide hands on experience such as, What it takes to run a business, fashion design, ask business to be a part of teaching skills. • Have a career fair, Rent a dad or mom program, Big Brother, Big Sister programs, Mental Health resources. • Collaborate with SJB Business Association
• Ask for donations from local groups. Ex: El Camino Produce-funded soccer. • Recruit/collaborate with parents who are business owners. • Tech companies-Employee sponsorships
• Bring business to school programs such as afterschool to enrich content. • Luna Gallery can off a space for studio art.
• Business Grant programs
• Partner with small business of large organizations
• Plan outcomes: Who, What, when, where, and Why.
• Business mentoring and fundraising opportunities
• Appeal-share the why
• Grant writing and story-telling
• Find seed money, tap the community, leverage community interest. • Government support-Local and regional
• Offer different levels of support of stakeholder investment with opportunity to buy in. • Identify Point person or liaison to connect with lead person at agency. • Collaborate utilizing Chamber Mixers, Events Networking/ San Juan Committee/ SJBBA • Sponsorships-Go Big!
Ag. Businesses, State Parks, Hildebrand, Foundations-Shawn Herrera, Libraries And local Artisans
• Host Lunches for: jobs, skillsets, building, artisans, agriculture 6) What funding strategies can we start now as “seed” money? How can we fund community recreation without becoming an unsustainable burden to our community.
• Paid Classes-Sip and Donate
• Beer Garden
• Carnival-Dunk the Principal
• Game Nights-Pay to Play-Adults: Chess, Backgammon, Cards, Bingo • City Sponsored Pickleball Tournament
• Restaurant Week-A % will go to fund.
• Tourism brings visibility and helps business and would fund percentage • Kaiser Foundation
Community Resource Committee Annual Report | 23
• San Benito Health Center
• Afterschool Aces-60 students
• Sustain partnerships with school Youth Alliance
• Non-profit average X three years to sustainability
• Rotary, Veterans, R.E.A.C.H, Historical Society
• Fiscal sponsors in exchange for media/marketing
• Grant writing
• Innovative-new approach
• Youth Advocates
• San Benito Foundation
• Social Media Fundraising
• Communication is the challenge
• QR codes Direct Mail/ Email Blast/Social Media
• Events Calendar
• Create Campaigns
• Annual Crab Feed-Unduplicated
• Creative and innovative, per quarter
• Charter Fund provides sustainable funding
• Marketing/ Tourism- for Recreation @ 5 year term
• Music Festivals
• Jasper Movie Festival
7) Scholarship programs are generally based on the free lunch income guidelines. How do wee ensure that we keeps fees affordable for everyone in SJB. Can/ Should we establish some fress programs for our community. • Non-profits
• Yes
• Skill building with Seniors
• Asking for donations-sending letters out
• Volunteer Parks and Recreation tax
• Grants
• Mentorship opportunities/skill building with referred cohort (employee development) • Peer mentorship
• Volunteer hours
• Reduced/free lunch to incentivize participation
• Community Service hours
• Provide opportunities for corporate and organizations • Community members to sponsor
• Exchange: Annual appreciation event
• Free=for everyone, community supported, consistency, sustainability • Yes
• Soccer partners w/other (insurance $10 because in the umbrella • Kids only pay $100 for soccer and there is a need for scholarships Community Resource Committee Annual Report | 24
8) What are your thoughtsin developing a small parks district with other local communities. Is that the direction we want to go… or…do we just do what we can with our limited resources? Should we do our own thing…and partner with Hollister on some programs, aquatics, sports leagues, etc. • City Leagues
• Recreation Coordinator
• Recreation Commission
• We reach out to Hollister pool program
• Horse Play-Aromas
• Community Garden
• Azevdo - Family Non-profit
• Stay within the San Juan Community
• Expand for growth (Hollister and other communities)
• Partners-Create Special District/Property tax vote
• Go with Aromas or not if you want the city to run it and not have a special vote • Partner with Hollister for Aquatics
• Buses to Gilroy/ Hollister
• Hollister Aquatics-non-profit
You are invited to a series of "Think Tank" Discussions to talk about "Community-based" Resourcesl Programs & Eventsl
Please join us to dreaml definel develop & deliver
what we want in our communityl
Each meeting will build from the previous meetings.

Mark your calendars and be a part of planning
SJB Community-based programs.

Hosted Bv Economic Development Citizens Action Committee Dates: October 20 November 9 January 29
Location: VFW, 58 Monterey St
Time: 6-Spm
For more information, contact:

Brian Foucht <[email protected]
831-623-4661 X20 Office 831-207-5430 Cell
Community Resource Committee Annual Report | 26
San Juan Bautista
Community Recreation
Think Tank!
Join engaged SJB community members to
“Dream, Develop, and Deliver “ a
grassroots Community Recreation Program
Community Resource Committee Annual Report | 27
DRAFT Recruitment letter for Task Force members.

Dear Friends of the Community Recreation Project
My name is Kim Calame and many of you have shown interest or have participated in our effort to create a Community Recreation program. We have made good progress. We have hosted three community engagement meetings that included residents, business owners, school leadership, non-profit leadership, state parks, and local government representatives. In addition, we have surveyed and discussed what members of the community want to see in a Community Recreation program, and we have developed a mechanism for individuals to give us their “Big Ideas”.

Finally, we have had great discussions on key topics that will impact how we approach Community Recreation programs.

You may remember our tagline: Dream, Develop, Deliver! We have been dreaming since October 2023 and now we are moving to the next phase, Develop.

There are only three of us on the Community Resource Committee facilitating this project. We need your time, your knowledge, and your energy to keep our momentum moving forward to make this a reality. We have three groups that will be meeting to start working through programming priorities, administrative structures, policies and processes.

The first task force is the Programming Committee, led by Teresa with my support.

Identify low hanging fruit-look at Youth, Teen, Adult (Bring existing programs together to promote) Discussion: Transitioning existing programs under a Parks & Recreation umbrella Develop 1st quarterly eblast to provide recreation program information for existing programs by quarter Teen Council
Develop behavior contract
Develop participant waiver
Develop registration process for new recreation
Identify available spaces by quarter Fall, Winter, Summer, Spring Volunteer Guidelines/Recruitment strategies/Background check
The second taskforce is Administration Development, led by Kim and Darlene, who will take the lead on the Strategic Funding Task Force with my support.

Identify Administrative Reporting Structure
Research current city policies/permitting rules for park/facility usage Meet with students
Work with city to develop systems (program registration, website, FaceBook, GoFundMe, etc.) Develop SJB Community Recreation Report
Identify potential grants, sponsors and partners and make contact Work with grant writer to identify project scope, etc.

Develop a presentation package for funding support
Connect with SBC P&R Foundation (represent)
Present to Rotary other local agencies
Of course, this isn’t EVERYTHING! Each working committee will prioritize, research, and work together to develop different areas. We need people that are currently active and/or that are interested in recreational programs. We need people that represent a variety of our community’s needs. We also need folks with administrative and managerial background, and we need people who can get excited about developing funding strategies.

Join us to making our Community Recreation Project a reality! Please give us your time! Once we get a list of interest, we will survey everyone for the best times to meet. If you are interested in any level of participation, please reply to this email with indicate which area, Programming or Administrative Development/ Funding Strategies. Make sure I have the email that you want for communication and a phone number.

Community Resource Committee Annual Report | 28
Sincerely, Kim Calame
This report reflects information gathered by community
members, non-profit and for-profit representatives, and Community Recreation advocates.

A BIG Thank you for your input and support!
EDCAC/Community Resource Committee/ Dream, Develop, and Deliver Community Recreation Project