commercial and residential uses). The City has several incentives for the provision of special needs and affordable housing in the Mixed-Use District, including a density bonus of up to 50 percent (for a maximum density of 22.5 units per acre for 100 percent affordable housing projects).
Program Objective:
The city will continue to promote residential uses in the Mixed-Use District. Whenever feasible, the city will encourage the highest allowable residential densities in MU zone through the Density Bonus and Planned Unit Development.
ONGOING
General Fund City Planner and City Manager
3.5. Single Room Occupancy
To ensure zoning flexibility that allows for the development of single-room occupancy units (SROs), the city will update its zoning ordinance to allow SROs by conditional use permit in the
Mixed Use zones near services and the Abbe Park transit station. In addition, to help meet the needs of extremely low-income households, the City will prioritize funding and/or offer financial incentives or regulatory concessions to encourage the development of SROs.
Program Objective:
The city will amend the zoning ordinance to comply with statutory requirements for single-room occupancy residences.
December 2024
General Fund City Planner and City Manager
3.6. Small and Nonconforming Lot Consolidation
The City will provide technical assistance to property owners and developers in support of lot consolidation through a variety of actions. Such actions include identifying and publicizing
opportunities for potential consolidation. In addition, these opportunities will be flexibly paired with Planned Unit Development (PUD) and density bonus options to allow the greatest amount of flexibility possible. This could include permit streamlining, reduction in setbacks, parking requirements or fees for parking district impacts and other impact fees.
The ultimate goal of this policy is to encourage and incentivize more intense residential development in areas that are historically underutilized and nonconforming when 2 adjacent lots are vacant or underutilized.
Program Objective:
The City will facilitate consolidation of smaller parcels in the Mixed-Use District and other residential districts by publicizing the underutilized sites inventory on the City’s website and making it available at the planning counter, providing technical assistance City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
to property owners and developers in support of lot consolidation. The Council will also evaluate the deferral or lowering of development fees as appropriate.
Annually
General Fund City Planner and City Manager
3.7. Zoning Code Amendment Addressing New Housing Laws.
The City will revise its zoning code to comply with applicable provisions of new state housing laws that became effective as of January 1, 2023, including but not limited to SB 35, SB 330, SB 10.
Program Objective:
The City will revise its Zoning Ordinance to allow ministerial approval of certain affordable housing projects; development of preliminary applications for housing projects that seek vested rights under SB 330; and gaining local control for increased housing density of up to 10 units exempted from CEQA requirements, as per SB 10. This revision will also address any other changes to the Zoning Ordinance required by Government Code 65660 et seq.
December 2024
General Fund City Planner and City Manager
3.8. Low Barrier Navigation Centers
The City will accommodate the approval of low barrier navigation centers to better address the need of its residents experiencing homelessness, as required by Government Code 65660 et seq.
Program Objective:
The City will revise its Zoning Ordinance to allow low barrier navigation centers by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This revision will also address any other changes to the Zoning Ordinance required by Government Code 65660 et seq.
December 2024
General Fund City Planner and City Manager
3.9. Density Bonus
Program Objective:
The city will revise its Zoning Ordinance to be compliant with the current state density bonus laws.
December 2024
General Fund City Planner and City Manager
3.10. Inclusionary Housing
Program Objective:
The city will revise its Zoning Ordinance to comply with current laws pertaining to inclusionary housing requirements.
City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
December 2024
General Fund City Planner and City Manager
3.11. Transitional and Supportive Housing
Program Objective:
The city will revise its Zoning Ordinance to comply with current state law pertaining to transitional and supportive housing.
December 2024
General Fund City Planner and City Manager
3.12. Accessory Dwelling Unit Program
Program Objective:
The city will revise its Zoning Ordinance to comply with current state law pertaining to Accessory Dwelling Units.
December 2024
General Fund City Planner and City Manager
GOAL 4.0: REASONABLE GOVERNMENTAL CONSTRAINTS ON THE DEVELOPMENT OF HOUSING.
Policy 4.1 Provide regulatory and/or financial incentives, where appropriate, to offset or reduce the costs of affordable housing development, including density bonuses and flexibility in site development standards.
Policy 4.2 Implement and enforce residential design guidelines to ensure that the community’s expectations are met with respect to the quality and style of housing projects.
Policy 4.3 Provide priority processing to affordable housing projects Policy 4.4 Expressly permit and educate the public about secondary units as a means to provide additional affordable housing opportunities.
Policy 4.5 Periodically review City regulations, ordinances, departmental processing procedures and residential fees related to rehabilitations and/or construction to assess their impact on housing costs, and revise as appropriate.
Policy 4.6 Provide regulatory and financial incentives, as appropriate and financially practicable, to facilitate the development of supportive housing for families with children, and other special needs groups
City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
Policy 4.7 Review and update Title 11, Zoning Ordinance, of the San Juan Bautista Municipal Code, to achieve community-wide objectives.
Policy 4.8 Continue to support the incorporation of energy efficient devices in existing housing and utilization of energy efficient designs for new housing
Policy 4.9 Revise the land use map within the General Plan and rezone several parcels of land on the outer boundaries of the City limits to help facilitate low income housing development consistent with State requirements
4.1. Planned Unit Development District (PUD) Program
A PUD designation allows the regulations of the underlying zoning district to be superseded, modified, or amended, to create a superior housing development design. The City will continue to use this tool to allow a PUD to, among other things, permit higher densities through smaller than standard lots, reduced set-backs, narrower streets, and other deviations from conventional zoning regulations.
Program Objective:
The city will continue to allow PUDs in order to provide flexibility in developments and facilitate creative housing options.
ONGOING
General Fund City Planner and City Manager
4.2. Site Plan and Design Review Process Program
The city requires site plan and design review (or Historic Review) for new development and substantial remodels. Within the designated Historic Districts, the city bases its decisions on the City’s Historic District Ordinance. The Planning Commission, meeting as a separate body, serves as the Historic Board. This action has served to streamline processes for the city and applicant alike. Site Plan and Review approvals outside the Hillside area, are administrative.
Program Objective:
The city will continue to utilize the Site Plan and Design Review processes as a means to reduce processing times and reduce the potential impact the design review process may have on housing supply.
ONGOING
General Fund City Planner and City Manager
4.3. SB 35 Permit Streamlining
SB 35 requires cities and counties to streamline review and approval of eligible affordable housing projects through a ministerial approval process, exempting such projects from City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
environmental review under the California Environmental Quality Act (“CEQA”). This process does not allow public hearings to consider the merits of the project; rather, only design review or public oversight of the development is allowed, which must be objective and strictly focused on assessing compliance with criteria required for streamlined projects as well as objective design review of the project.
Program Objective:
The City will revise its zoning ordinance to provide a streamlined development review process for affordable housing projects in the city, consistent with the provisions of SB 35. The city will also develop a checklist for the applicant to clearly understand the process and expectations.
December 2024
General Fund City Planner and City Manager
GOAL 5.0 FAIR AND EQUAL HOUSING OPPORTUNITY FOR ALL PERSONS.
Policy 5.1 Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, disability, or other such factors.
Policy 5.2 Continue to support organizations that offer fair housing and mediation services to San Juan Bautista residents.
Policy 5.3 Promote and support, as feasible, housing that meets the special needs of large families, single-parent/female-headed households, families with children, students, elderly persons, homeless persons, farm workers, and the disabled.
Policy 5.4 Encourage the provision of housing adaptable to the physically disabled through integration of universal design features in new development, and compliance with Title 24 of the California Health and Safety Code.
5.1. Fair Housing Program
The City supports fair housing and refers all alleged cases of discrimination to the State Office of Fair Employment and Housing and the California Rural Legal Assistance (CRLA).
The city supports equal opportunity lending programs and non-discriminatory practices.
Program Objective:
The City will continue to support the State Office of Fair Employment and Housing, California Rural Legal Assistance, and equal opportunity lending programs. The City will City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
support efforts by the Housing Authority or other agency to list units accessible to disabled persons. The City will also make available at City Hall copies of the Consumer Affairs “Tenant Rights and Responsibilities” booklet, and Fannie-Mae’s “Your Credit Rights.”
ONGOING
General Fund City Planner and City Manager
5.2. Advertise Reasonable Accommodations
In 2019, the City revised its Municipal Code to provide a procedure wherein reasonable accommodations in the application of building and planning regulations are provided to persons with disabilities. To ensure that residents are aware of these new provisions, the City intends to advertise the new provisions.
Program Objective:
The City will publish, post, and distribute informational flyers advertising and explaining new provisions in the San Juan Bautista Municipal Code related to reasonable accommodations. The city will work with San Benito County Senior Support Services and Disability Support Services in this regard.
December 2024
General Fund City Planner and City Manager
City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
C. 6th Cycle Quantified Objectives
Table 5-1 summarizes San Juan Bautista’s Quantified Objectives for the 6th Housing Element Cycle.
Table 5-1 Quantified Objectives
Income Level New Construction Rehabilitation Conservation / Preservation (1)
Total
Extremely Low 7 1 n/a 8
Very Low 9 1 n/a 10
Low 14 0 n/a 14
Moderate 18 0 n/a 18
Above Moderate 38 0 n/a 38
Total 86 2 n/a 88
Note: (1) The City has no units at risk of conversion in the current Housing Element period D. General Plan Consistency
According to Government Code Section 65300.5, the California Legislature intends that the General Plan and its elements comprise an integrated, internally consistent and compatible statement of policies for the local jurisdiction. Accordingly, it is necessary during the course of the Housing Element update to evaluate any impact new policies, objectives, or programs may have on other elements of the General Plan.
At this time, the Housing Element does not necessitate or propose significant changes to any other element of San Juan Bautista’s General Plan. However, if it becomes apparent that changes to any element are needed, the Planning Commission and City Council will propose such changes for consideration. The City will also review the Housing Element for internal consistency when any amendments are made to safety, conservation, and land use elements, based on the requirements of Government Code Section 65302.
E. Review of 5th Cycle Programs (2st 4-Year Update)
To address community conditions and housing needs identified in the adopted 2019-2023 Housing Element, the City took action to facilitate the development of housing. The actions sought to accommodate the City’s regional housing needs allocation, assist in the production and rehabilitation of a wide range of housing and shelter, and establish supportive services for all income levels and special interest groups. The goals and programs have been evaluated in light of what the city has done or what other agencies or groups have completed during 2019-2023.
Overall, the goals, policies, and programs in the 2019-2023 Housing Element assisted in providing housing opportunities for all income categories, as well as meeting a diversity of housing needs. According to California Department of Finance data, a total of 53 new housing units were built within the City of San Juan Bautista between the years 2019- City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
2023. Table 5-2 reviews progress made on implementation of housing programs from the previous Housing Element.
Table 5-2 Review of Adopted Programs from 5th Cycle Housing Element
PROGRAM OBJECTIVE STATUS
1.1 Code Enforcement
Program
Continue to carry out code enforcement
activities, including performing property
inspections and citing code violations, when
necessary.
Continuing.
1.2 Housing Rehabilitation
Program
Continue to monitor affordable housing units
through establishment of a database. Work with
San Benito County to ensure Housing Choice
Voucher Program vouchers remain available to
San Juan Bautista residents.
Continuing.
1.3 Lead and Asbestos
Abatement
Offer brochures on lead and asbestos
containment and abatement. The city will also, in
conjunction with the air quality district,
implement applicable State and/or federally
mandated containment and abatement
procedures for remodels and demolitions.
Information will be made available at City Hall
and posting on the City’s website.
Continuing.
1.4 Preservation of
Affordable Housing
Program
Continue to monitor affordable housing units
through establishment of a database. The city
will work with Santa Cruz County to ensure
Housing Choice Voucher Program vouchers
remain available to San Juan Bautista residents.
A range of fair housing services and programs
are available and supported, including private
housing agencies and income based rental
apartments (13 different buildings/locations
across the County accept Section 8 Vouchers).
Continuing.
2.1 Housing Choice
Program
Continue to support San Benito County’s efforts
to provide rental vouchers to needy residents.
The City will continue to encourage San Benito
County, the Housing Authority or other agencies
to list available rentals for the San Juan Bautista
area.
Continuing.
2.2 Childcare Facilities
Program
Continue to allow child care facilities in
residential districts, and facilitate the
development of child care component with larger
developments. The city will also evaluate Title
11 to ensure that it meets applicable State laws
relative to child care facilities.
Continuing.
2.3 Grants Program Investigate funds available under a variety of programs, and where staffing and other
Continuing.
City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
limitations allow, pursue those funds bi- annually
until the funds expire with a designated nonprofit
partner in order to meet the housing needs of
San Juan Bautista residents.
3.1 Adequate Sites
Program
City is evaluating additions to the City’s Sphere
of Influence annexation and development in the
area South of Highway 156 and elsewhere
within the General Plan Planning Area.
Completed.
3.2 Inclusionary Housing
Ordinance Program
Revise its Inclusionary Housing Ordinance to
ensure that the private sector assists engage in
direct construction of affordable units. Assess
raising the in-lieu fees.
Incomplete study.
Continue program.
3.3 Non-profit Housing
Partnership Program
Form relationships with non-profit organizations.
As funds are available, grant financial assistance,
land write-downs, regulatory incentives, and/or
other forms of assistance to non-profit
developers of affordable and special needs
housing.
Continuing.
3.4 Mixed-Use
Development Program
Promote residential uses in the Mixed-Use
District. Encourage the highest allowable
residential densities in MU zone through the
Density Bonus and Planned Unit Development.
Continuing.
3.5. Single Room
Occupancy Amend the zoning ordinance. Not completed.
Continue program.
3.6. Small and
Nonconforming Lot
Consolidation
Publicize the underutilized sites inventory on the
City’s website and making it available at the
planning counter, providing technical assistance
to property owners and developers. Evaluate the
deferral or lowering of development fees.
Continuing.
3.7. Supportive Housing by
Right
Revise its Zoning Ordinance to allow supportive
housing by right in zones where multifamily and
mixed uses are permitted, including
nonresidential zones permitting multifamily uses.
This revision will also address any other changes
to the Zoning Ordinance required by AB 2162.
Completed. Allowed by
right in R-1, R-2, R-3
residential,
Commercial, Mixed
Use, and PF zones. In
the Agriculture zone,
allowed with site
review.
3.8. Low Barrier Navigation
Centers
Revise Zoning Ordinance to allow low barrier
navigation centers by right in zones where
multifamily and mixed uses are permitted,
including nonresidential zones permitting
multifamily uses. This revision will also address
any other changes to the Zoning Ordinance
required by Government Code 65660 et seq.
Not completed.
Continue program and
amend zoning code
within 12 months of
adoption of the 6th
cycle Housing Element.
City of San Juan Bautista 6th Cycle Housing Element
HOUSING PLAN
4.1. Planned Unit
Development District (PUD)
Program
Continue to allow PUDs in order to provide
flexibility in developments and facilitate creative
housing options.
Continuing.
4.2. Site Plan and Design
Review Process Program
Continue to utilize the Site Plan and Design
Review processes as a means to reduce
processing times and reduce the potential impact
the design review process may have on housing
supply.
Continuing.
4.3. Accessory Dwelling
Unit Ordinance Program
Amend the Zoning Code to update the Accessory
Dwelling Unit Ordinance to meet current law to
provide in-fill residential housing throughout the
city. The City will consider potential additional
approaches to encourage accessory unit
development including establishing preapproved design prototypes to encourage and stimulate the development of accessory units.
Complete by June 30,
2024
4.4. SB 35 Permit
Streamlining
The City will revise its zoning ordinance to
provide a streamlined development review
process for affordable housing projects in the
city, consistent with the provisions of SB 35.
Not completed.
Continue program.
5.1. Fair Housing Program
Continue to support the State Office of Fair
Employment and Housing, California Rural Legal
Assistance, and equal opportunity lending
programs. The City will support efforts by the
Housing Authority or other agency to list units
accessible to disabled persons. The City will also
make available at City Hall copies of the
Consumer Affairs “Tenant Rights and
Responsibilities” booklet, and Fannie-Mae’s
“Your Credit Rights.”
Continuing.
5.2. Advertise Reasonable
Accommodations
The City will publish, post, and distribute
informational flyers advertising and explaining
new provisions in the San Juan Bautista
Municipal Code related to reasonable
accommodations.
Continuing.
CITY OF SAN JUAN BAUTISTA
NOTICE OF CITY COUNCIL HEARING & 30-DAY NOTICE OF AVAILABILITY OF THE 2023-2031 GENERAL PLAN HOUSING ELEMENT & FAIR HOUSING ANALYSIS Location: City Council Chambers
311 Second Street, San Juan Bautista, CA 95045
NOTICE IS HEREBY GIVEN that the City of San Juan Bautista, California, will conduct a City Council Public Hearing on Tuesday, September 19, 2023, at 6:00 P.M. to receive input from the public on the 2023-2031 Housing Element Update and the Fair Housing Analysis. This Notice of Availability also provides the required 30-day Notice for public review of the of Housing Element & the Fair Housing Analysis.
The Planning Commission conducted a public workshop on the matter on June 29, 2023, at 6:00 P.M., at City Hall Council chambers, during which time the housing and fair housing issues were discussed and public comments were received.
The Housing Element, a part of the City’s General Plan, is required to identify and analyze existing and projected housing needs in order to preserve, improve and develop housing for all economic segments of the community, thereby affirmatively furthering fair housing policies and programs. The Housing Element Update will cover the City’s housing policies, goals, and objectives for the planning period ending in 2031. In addition, the Housing Element also contains a fair housing analysis of fair housing enforcement, integration and segregation patterns and trends, racially and ethnically concentrated areas of poverty, disparities in access to opportunity, disproportionate housing needs in the city, and displacement risks.
Public Participation in the preparation of the Housing Element is a very important component of the planning process. The primary purpose of public participation is to receive input from citizens and stakeholders in the preparation of the housing element. The 30-day notice of availability of the draft Housing Element and the Fair Housing Analysis provides the participants an opportunity to provide additional comments and participate in the plan-making process. The city (through its consultants) will answer any questions and record the public comments received at the meeting. A Spanish translator will be present at the meeting.
Any person with impairment pursuant to the American Disabilities Act (“ADA”) who needs special accommodation for the Public Hearing or needs further information, please call the City Clerk at (831) 623-4661.
Any person unable to attend the meeting may submit written comments to the City of San Juan Bautista, 311 Second Street, San Juan Bautista, CA 95045, or by email to Brian Foucht, Community Development Director at the following email address: [email protected].
Posted: September 11, 2023.
_________________________
City Clerk
City of San Juan Bautista
PUBLIC HEARING
2023-2031 DRAFT HOUSING ELEMENT &
Fair Housing Analysis
City Council, September 19, 2023
6:00 P.M.
PLANNING PROCESS
2 Public
Workshops
Draft Housing
Element for
Public Review/
CC/PC
Approval
Environmental
Analysis
Commission/
Council
Adoption
HCD REVIEW & APPROVAL
COMMUNITY PARTICIPATION
3 Planning
Commission
Workshop –
June 27, 2023
Public Review -
Draft HE & FHA
HEARING
PC - SEPT. 12,
2023.
CC – SEPT. 19,
2023
HE Adoption
(TBD).
A housing element is a City’s vision and a plan on how best to provide housing for all income groups within the City and affirmatively furthering fair housing.
The housing element must be updated every eight years.
4 What is a Housing Element?
Review and revise the Housing Element
Incorporate new programs into the existing format
Perform Site Inventory
Include affordability level in Site Inventory (New)
Include Programs to Affirmatively Further Fair Housing 5 Steps in Updating Housing Element?
What is Fair Housing Analysis?
1. Outreach
2. Assessment of Fair Housing
a. Key Data and Background Information
b. Fair Housing Enforcement and Outreach Capacity
c. Integration and Segregation Patterns and Trends
d. Racially or Ethnically Concentrated Areas of Poverty e. Disparities in Access to Opportunity
f. Disproportionate Housing Needs in the Jurisdiction
g. Displacement Risk
3. Sites Inventory
4. Identification of Contributing Factors, Goals and Actions 6 OBSERVATIONS
7 Observations of the Housing Element and Fair
Housing Analyses are as follows:
DEMOGRAPHIC DATA
▰ Population (2020 Decennial): 2,089
▰ Hispanic or Latino: + 60%
▰ Households (2021 ACS): 699
▰ Owner occupied (2021 ACS): 56.37%
▰ Persons per HH (2021 ACS): 2.68
▰ Median HH Income (2021 ACS) - $92,404
▰ Poverty (2021 ACS – 6.7% (All female headed
households).
8 FAIR HOUSING INDICATORS
9 1. Diversity Index (Racial and Ethnic Diversity): 1 to 100% Moderate to high diversity index scores throughout the City of San Juan the City, and the County as a whole. The eastern half of the city also has a high diversity index score of ≤ 85.
There has not been much change to the diversity index
between 2018 and 2023.
2. GINI Index (Income Disparity): 0 to1
Gini coefficient for California is 0.487. County of San Benito’s Gini index is 0.408. The lower Gini index in San Benito is reflective of the lower overall poverty levels in the area compared to California.
FAIR HOUSING INDICATORS
10 3. Dissimilarity Index (uneven distribution of racial or ethnic populations in different neighborhoods).
The dissimilarity index in 2010 was 0.308 while that in 2020 was 0.358. The change reflects an increase in non-white population in San Benito County. Considering the population distribution in San Juan Bautista of approximately 50%
Hispanic/Latino, San Juan Bautista appears to have some dissimilarity.
Diversity Index
11 FAIR HOUSING INDICATORS
12 4. Racially or Ethnically Concentrated area of Poverty (R/ECAP).
A lower proportion of San Juan Bautista’s households are under the poverty line (6.7%). There are no racially concentrated areas of affluence or racially concentrated areas of poverty in the city.
5. Racially Concentrated Areas of Affluence (RCAA):
Any census block in the city with a median household income of $125,000 and a population that is 80 percent or more white. The correlation assumes that the lower the income, the higher the diversity of population. San Juan Bautista is not designated as RCAA as most of the census tracts within San Benito County.
Racial Segregation/Integration - 2020
13 Racial Segregation/Integration - 2010
14 Racially Concentrated Areas of Affluence
15 FAIR HOUSING INDICATORS
16 6. Disparities in Access to Opportunities:
Census tracts are categorized as Highest
Resource, High Resource, Moderate Resource, Moderate
Resource (Rapidly Changing), Low Resource, or areas of High Segregation and Poverty.
San Juan Bautista has moderate resources and opportunities.
TCAC/HCD Opportunity Area
17 FAIR HOUSING INDICATORS
18 7. Disproportionate Housing Needs. Over payment, Cost burdens
The most disproportionate housing needs in San Juan Bautista include increasing the variety of housing types at affordable prices for low-income households as 48.23% of the
households have experienced cost burden during the period 2017 to 2021. Overall, the cost burden has reduced
significantly compared to the 2010-2014 period when the cost burden was over 80%.
FAIR HOUSING INDICATORS
19 8. Displacement - occurs when households are forced to move because they are evicted or their building was torn down, often to make way for new and more expensive development.
San Juan Bautista has recorded a low displacement risk in 2022 as is the case in most parts of the County. There are no disadvantaged communities in City of San Juan Bautista. San Juan Bautista is a sensitive community with vulnerability for displacement because of housing cost.
FAIR HOUSING INDICATORS
20 9. Site Inventory
The RHNA sites are not concentrated in areas with high
racial or ethnic populations, persons with disabilities, femaleheaded households, senior households, or Low-and-moderate income (LMI) households.
FAIR HOUSING INDICATORS
21 10. Identification of Contributing Factors, Goals and Actions:
The programs in the Housing Element previously
discussed are created in light of the findings of the fair housing analysis and needs of the community.
6th CYCLE RHNA ALLOCATION
22 Very‐Low Low Mod. Above‐Mod. Total
San Benito County 1,110 890 947 2,058 5,005
Hollister 846 678 826 1,813 4,163
San Juan Bautista 18 14 18 38 88
Unincorp. San Benito 246 198 103 207 754
QUANTITATIVE HOUSING OBJECTIVES
23 Income Level New Construction Rehabilitation Conservation / Preservation (1)
Total
Extremely Low 7 1 n/a 8
Very Low 9 1 n/a 10
Low 14 0 n/a 14
Moderate 18 0 n/a 18
Above Moderate 38 0 n/a 38
Total 86 2 n/a 88
5th CYCLE (2015-2023) RHNA
24 Income Category City’s Share of Regional Housing Needs Number of Units Percent of Total Units
Extremely Low Income 5 12%
Very Low 5 12%
Low 6 15%
Moderate 8 20%
Above Moderate 17 41%
Total 41 100%
5th Cycle RHNA
HOUSING BUILT IN 5th Cycle (2015-2023) RHNA
25 Housing Built in 5th Cycle
Affordability Distribution Housing Units by Income
Level
Very Low 0
Low 0
Moderate 0
Above Moderate 53
Total Units 53
GENERAL PLAN CONSISTENCY
Update and ensure that the housing element amendments are internally consistent and compatible with the other elements of the general plan. 26 VACANT SITES
27 ENVIRONMENTAL CONSTRAINTS –
Flood and Fire
28 PROPOSED HOUSING PROGRAMS
29 PROGRAM
No. DETAILS OBJECTIVES/ACTIONS
1.1 Code Enforcement Program Continue to carry out code enforcement activities, including performing property inspections and citing code violations, when necessary to ensure that the character and quality of neighborhoods is enhanced and maintained.
1.2 Housing Rehabilitation Program. City to consider seeking CDBG funds, forge partnerships with non-profits in the area and work with San Benito County on implementation of Housing Choice Voucher program
1.3 Lead and Asbestos Abatement
Education Program
Offer brochures on lead and asbestos containment and abatement. The city will also, in conjunction with the air quality district, implement applicable State and/or federally mandated containment and abatement procedures for remodels and demolitions. Information will be made available at City Hall and on the City’s website.
1.4 Preservation of Affordable
Housing Program
Continue to monitor affordable housing units through establishment of a database. The city to continue Inclusionary Housing Ordinance and work with San Benito County on Housing Choice Voucher Program
PROPOSED HOUSING PROGRAMS
30 2.1 Housing Choice Voucher Program Continue to support San Benito County’s efforts to provide rental vouchers to needy residents. The City will continue to encourage San Benito County, the Housing Authority or other agencies to list available rentals for the San Juan Bautista area.
2.2 Childcare Facilities Program Continue to allow child care facilities in residential districts, and facilitate the development of child care component with larger developments. The city will also evaluate Title 11 to ensure that it meets applicable State laws relative to child care facilities.
2.3 Grants Program Investigate funds available under a variety of programs, and where staffing and other limitations allow, pursue those funds bi- annually until the funds expire with a designated nonprofit partner in order to meet the housing needs of San Juan Bautista residents.
3.1 Inclusionary Housing Ordinance
Program
Revise its Inclusionary Housing Ordinance to ensure that the private sector assists engage in direct construction of affordable units. Assess raising the in-lieu fees.
PROPOSED HOUSING PROGRAMS
31 3.2 Non-profit Housing Partnership
Program
Form relationships with non-profit organizations. As funds are available, grant financial assistance, land write-downs, regulatory incentives, and/or other forms of assistance to non-profit developers of affordable and special needs housing.
3.3 Mixed-Use Development Program Promote residential uses in the Mixed-Use District. Encourage the highest allowable residential densities in MU zone through the Density Bonus and Planned Unit Development.
3.4 Single Room Occupancy (SRO) Amend the zoning ordinance.to allow SROs by conditional use permit in the Mixed-Use zones near services and the Abbe Park transit station. In addition, to help meet the needs of extremely low-income households, the City will prioritize funding and/or offer financial incentives or regulatory concessions to encourage the development of SROs.
PROPOSED HOUSING PROGRAMS
32 3.5 Small and Nonconforming Lot
Consolidation
Publicize the underutilized sites inventory on the City’s website and making it available at the planning counter, providing technical assistance to property owners and developers. Evaluate the deferral or lowering of development fees. Facilitate consolidation of smaller parcels in the Mixed-Use District and other residential districts.
3.6 Supportive Housing by Right Revise its Zoning Ordinance to allow supportive housing by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This revision will also address any other changes to the Zoning Ordinance required by AB 2162.
3.7 Zoning Code Amendment Revise Zoning Ordinance to comply with new state housing laws, including but not limited to SB35, SB330, SB9, SB10 to affordable housing projects in zones where multifamily and mixed uses are permitted, and permitting multifamily uses in non-residential zones
3.8 Low Barrier Navigation Centers Revise city’s zoning ordinance to allow barrier navigation centers by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses. This revision will also address any other changes to the Zoning Ordinance required by AB 2162.
PROPOSED HOUSING PROGRAMS
33 4.1 Planned Unit Development District
(PUD) Program
Continue to allow PUDs in order to provide flexibility in developments and facilitate creative housing options.
4.2 Site Plan and Design Review
Process Program
Continue to utilize the Site Plan and Design Review processes as a means to reduce processing times and reduce the potential impact the design review process may have on housing supply.
4.3 SB 35 Permit Streamlining The City will revise its zoning ordinance to provide a streamlined development review process for affordable housing projects in the city, consistent with the provisions of SB 35.
5.1 Fair Housing Program Continue to support the State Office of Fair Employment and Housing, California Rural Legal Assistance, and equal opportunity lending programs. The City will support efforts by the Housing Authority or other agency to list units accessible to disabled persons. The City will also make available at City Hall copies of the Consumer Affairs “Tenant Rights and Responsibilities” booklet, and Fannie-Mae’s “Your Credit Rights.”
5.2. Advertise Reasonable
Accommodations.
The City will publish, post, and distribute informational flyers advertising and explaining new provisions in the San Juan Bautista Municipal Code related to reasonable accommodations.
CEQA
34 California Environmental Quality Act (CEQA)
Common Sense Exemption, CEQA Guidelines Section 15061(b)(3)).
NEXT STEPS
35 HCD REVIEW
AND
COMMENTS.
APPROVAL
CITY COUNCIL
ADOPTION
HCD
CERTIFICATION
OPEN PUBLIC MEETING
▰ Staff recommends that the City Council open the floor for public input/comments on the Draft HE & FHA.
▰ After closing the Public Hearing, staff recommends
that the CC direct staff to submit the Draft HE & FHA
to the City Council, with or without amendments.
36 37
Thank you
Please send your comments by mail or email to the City of San Juan Bautista as follows:
Mail: Housing Element Update, City of San Juan Bautista, 311 Second Street, San Juan Bautista
Email: [email protected]
City Hall Contact Number: (831) 623-4661
CITY MANAGER’S REPORT
ADMINISTRATION
Completed 2 of 4 HR Evaluations this month;
one drafted, one 90-day review pending
Initiated Review of Library operationsCEO of Public Libraries Partnership will help Completed Interviews for Recreation Technician
offer to be made within the week
Requested a proposal for interior design at City Hall
CITY MANAGER’S REPORT
ADMINISTRATION
Looking into the use of AI at City Hall
Hot topic with the ICMA, Cal-League of Cities and others Continue to attend MBAMG monthly lunches
Appointed to Advisory Board of the CSUN MPA program
Attended two MBEP meetings this past month
Attended two 3CE meetings –
Local Operations Board and a special closed session
Did not attend the Annual Meeting in Paso Robles
Attended the August Sprit of San Juan meeting and 9.14.23 reception Distributed a request for funding from the SJB-BA “Harvest Festival” CITY MANAGER’S REPORT
SANITARY SEWER FORCE MAIN STATUS
Issued a notice of award and notice to proceed to Specialty Construction USDA - kick-off meeting
Began weekly construction meetings
Reached out to industrial users
met with Coke Farms regarding traffic and new
services agreement
No reply from True Leaf or Taylor
Organized ground breaking 09.29.23
designing signs for sponsors
Invites went out 09.13.23
Coordinating schedule changes with EPA and RWQCD’s settlement agreement CITY MANAGER’S REPORT
IMPORT WATER
Monthly meeting with district General Manager
Still resolving minor route adjustments
Under contract with HDR to update design
Design completion pushed from September to mid-October
Provided new deadlines based upon sewer project changes Water import has to be completed within a year of the sewer project
Sold the Pellet Plant and it has been removed
Rebuilt the Well 5 Pump $32,000 – back on line- hopefully 9.18.23 CITY MANAGER’S REPORT
COMMUNITY DEVELOPMENT
Housing Element Approved by PC
Met with Elite Development – Hillside Development project 3rd Street vacant property development
2 phases; #1 is approved for 8 SFH, proposing 13 duplex units behind these for 26 units
New project for the Alameda Gas Station- hearing 10.03.23 45 Washington- HRB and PC Hearing- Demo existing/new Duplex Ad-Hoc Committee concerning ZC Changes 11-04-030
UGB-SOI did not meet, next meeting 4th Thursday (09.28.23) Planning Area- Dan De Vries drafting MOU with County (?) CITY MANAGER’S REPORT
FACILITIES
Met with State Park Representative
Prop 68 Funded Franklin Park and Verutti Park
Issuing Building Permit for Community Hall this week
Met with Historic Society concerning Luck Park and CIP
Landscape RFP for special districts to be published this week
CITY ENGINEER
Retreat Friday the 8th
FEMA documentation work continues
ADA Assessment
CITY ATTORNEY
Negotiated Contract- met twice in their office/Orientation CITY MANAGER’S REPORT
INTERGOVENRMENTAL MEETING
Traffic Calming
Highway 156- remove left turn ability from side streets
CITYGATE AUD POD
20-minute Narrative of the Organizational Study
Implementing Public Safety Reorganization Now
CITY MANAGER’S REPORT
Item #9.A
City Council Meeting
Sept. 19, 2023
1 CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
DATE: SEPTEMBER 19, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: BRIAN FOUCHT, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: APPROVE A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING (MOU) WITH THE ASSOCIATION OF
MONTEREY BAY AREA GOVERNMENTS (AMBAG) FOR
ACCEPTANCE OF REGIONAL EARLY ACTION PLANNING
GRANT PROGRAM (REAP 2.0) FOR THE THIRD STREET
MASTER PLAN
RECOMMENDED ACTION(S):
Approve a Resolution authorizing the City Manager to execute an MOU with AMBAG authorizing the use of REAP 2.0 Grant funds for the Third Street Master Plan project.
DISCUSSION:
Principal Grant Objectives:
Principal objectives of the REAP 2.0 Grants are as follows:
• Advance infill development by selecting a project area that does not share a boundary with any agricultural or open space lands;
• Promote mixed - use development resulting in efficient land use patterns and reductions in vehicle miles traveled (VMT);
• Achieve 6th Cycle Housing Element goals, objectives and programs; • Result in transformative strategies to create beneficial impacts and efficient land use patterns; and
• Assist disadvantaged and underserved communities, further fair housing and reducing cost burden.
Item #9.A
City Council Meeting
Sept. 19, 2023
2 Third Street Master Plan Objectives:
Objectives funded by the proposed grant are as follows:
• Identify sites for modest increases in residential density and commercial intensity of land use within a mixed - use setting;
• Plan for new public and private investment carefully coordinated with protection and preservation of the Third Street National Register Historic District • Update the infrastructure in the San Juan Bautista Historic Downtown to meet a serious existing need and planned modest increases in density and intensity of uses; • Assure the attractiveness of the pedestrian environment through safety and design improvements;
• Encourage increased bicycle use, provide a sustainable parking strategy; • Create a sense of place through preservation of historic resources, and creation of spaces that can accommodate expressions San Juan Bautista art and culture. • Include the following key plan elements: 1) Parking; 2) wayfinding; 3) pedestrian and bicycle amenities and staging; 4) multi-modal transportation facilities within an infill area; 5) spaces for pedestrian-oriented outdoor creative placemaking, hospitality and commerce.
Schedule
REAP projects and activities must be completed; final activity reports due to AM BAG; final project invoices due to AMBAG by March 31, 2026
ATTACHMENTS:
1. Resolution with MOU
2. Grant Application with scope of work, timeline, budget, project area Page | 1
RESOLUTION NO. 2023-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
TO APPROVE ENTERING INTO AN AGREEMENTS FOR THE REGIONAL EARLY ACTION PLANNING GRANT 2.0 PROGRAM
RECITALS
WHEREAS, the California Department of Housing and Community Development (HCD) is authorized to provide up to $510,000,000 to Metropolitan Planning Organizations and Councils of Government listed in Health and Safety Code Section 50515.08, subdivisions (a)(1)- (6) under the Regional Early Action Planning Grants Program (REAP 2.0), as detailed in Health and Safety Code Section 50515.08-10; and
WHEREAS the State of California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability on July 26, 2022 for REAP 2.0 grants available to Metropolitan Planning Organizations and Councils of Government; and WHEREAS, the Association of Monterey Bay Area Governments (AMBAG) requested funds from HCD pursuant to Health and Safety Code Section 50515.08(c) to develop and accelerate the implementation of the requirements described in Health and Safety Code section 50515.08(c)(1); and
WHEREAS, HCD approved AMBAG’s Request for Funds, subject to the terms and conditions of Eligibility, Guidelines, NOFAs, Program requirements, and the Standard Agreement by and between HCD and AMBAG; and
WHEREAS, AMBAG is authorized to suballocate REAP 2.0 funds to eligible applicants in the AMBAG region and will administer the REAP 2.0 grant program and provide oversight of the grant program in the AMBAG region; and
WHEREAS, AMBAG developed a suballocation program in cooperation with HCD and eligible applicants in the AMBAG region; and
WHEREAS, the AMBAG issued a Notice of Funding Availability for a REAP 2.0 suballocation program for eligible applicants in the AMBAG region on June 15, 2023; and WHEREAS, the City of San Juan Bautista is eligible to submit a request for allocation for a portion of REAP 2.0 funds from AMBAG; and
WHEREAS, the amounts allocated to City of San Juan Bautista will be based on the allocation method approved by HCD and AMBAG; and
WHEREAS, AMBAG shall approve allocation requests subject to the terms and conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements.
Page | 2
THEREFORE, BE IT RESOLVED:
1. The City of San Juan Bautista is hereby authorized to accept an allocation not to exceed $85,000 from the Association of Monterey Bay Area Governments for REAP 2.0 grant funding, and
2. The City of San Juan Bautista is hereby authorized to enter into agreements and take further actions as may be necessary to give effect to this resolution, such as executing amendments, memorandums of understanding, and approving funding applications with the Association of Monterey Bay Area Governments for REAP 2.0 grant funding.
PASSED AND APPROVED by the San Juan Bautista City Council on the 19th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Attachments:
MEMORANDUM OF UNDERSTANDING
between
THE ASSOCIATION OF MONTEREY BAY AREA GOVERNMENTS
and
The City Of San Juan Bautista
Regarding
REGIONAL EARLY ACTION PLANNING GRANTS PROGRAM OF 2021
WHEREAS, on June 29, 2021, Governor Newsom signed the Budget Act of Fiscal Year 2021-2022 which established the Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) which allocated $600 million in one-time funds to accelerate infill housing development, affirmatively further fair housing, and reduce VMT; and
WHEREAS, the California Department of Housing and Community Development (HCD) has been assigned as the state agency overseeing this program; and
WHEREAS, a portion of REAP 2.0 funds have been allocated to the Association of Monterey Bay Area Governments (AMBAG); and
WHEREAS, AMBAG will grant the majority of REAP 2.0 funds to eligible entities in the AMBAG area; and WHEREAS, eligible entities may apply for a portion of AMBAG’s REAP 2.0 funds according to an allocation method approved by the AMBAG Board; and
WHEREAS, AMBAG shall approve grant applications subject to the terms and conditions of eligibility, guidelines, Notices of Funding Availability, and program requirements.
THEREFORE BE IT RESOLVED:
The following agreement is entered into between City Of San Juan Bautista (Grantee) and the Association of Monterey Bay Area Governments (AMBAG).
AUTHORITY, PURPOSE, AND SCOPE OF WORK
1. Authority
The Regional Early Action Planning Grants Program of 2021 (REAP 2.0 or Program) is established for the purpose of providing regions with one-time funding, including grants for transformative planning and implementation activities. Up to eight million six hundred and twenty-five thousand ($8,625,000) shall be distributed by AMBAG to eligible entities in the AMBAG area under the Program in accordance with Chapter 3.15 of the California Health and Safety Code (Statute). The Association of Monterey Bay Area Governments (AMBAG) shall administer the Program to eligible entities in the AMBAG area in accordance with the Statute and AMBAG’s REAP 2.0 Local Suballocation Grant Program and Regional Competitive Grant Program Guidelines (Guidelines), pursuant to Health and Safety Code section 50515.10(h), and program guidance.
This Agreement (Agreement) authorizes the encumbrance of the total funds available to the awardee, subject to all statutory requirements and all applicable provisions, including but not limited to the Guidelines, approved applications, and any subsequent modifications.
The Grantee shall consult with AMBAG on any amendment modification or other provision related to the implementation of the Program. AMBAG’s decisions related to the administration of the Program shall be final.
2. Purpose
In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. AMBAG has agreed to make the grant for planning and implementation activities pursuant to the Guidelines and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, application, as well as this Agreement, subsequent amendments or modifications to this Agreement and the requirements of the authority cited above.
Based on all representations made by the Grantee, AMBAG shall encumber the full amount pursuant to the Guidelines and provide payment upon reimbursement request and subsequent payments in accordance with this agreement. All terms, conditions and other relevant provisions will be subject to amendments as a result of subsequent applications and awards for remaining funds in accordance with this agreement.
3. Definitions
Terms herein shall have the same meaning as defined by the Guidelines and Statute.
4. Scope of Work
Grantee shall use the awarded funds in accordance with the approved scope of work as contained in the timeline and budget and related information outlined in the approved application as attached hereto and incorporated herein by this reference, and as set forth in this agreement. The scope of work may be amended in compliance with statutory requirements subject to approval by AMBAG.
5. Monitoring
A. The Grantee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Statute, Guidelines, Scope of Work, application, subsequent approved applications and all other pertinent documents. These books, records, documents and other evidence shall be available for audit and inspection by AMBAG at AMBAG’s principal place of business.
B. AMBAG may request additional information, as needed, to demonstrate statutory compliance, satisfaction of program requirements and necessary amendments to this Agreement, including but not limited to reporting or audit requirements, or award amount to the Grantee.
C. AMBAG may monitor expenditures and activities of the Grantee, as AMBAG deems necessary, to ensure compliance with statutory or AMBAG requirements.
D. AMBAG may, as it deems appropriate or necessary, request the repayment of funds from a Grantee or pursue any other remedies available to it by law for failure to comply with Program requirements pursuant to Health and Safety Code section 50515.10 (g).
E. AMBAG’s decision to approve or deny an application or request for funding pursuant to the program, and its determination of the amount of funding to be provided, shall be final pursuant to Health and Safety Code section 50515.10(i).
F. Monitoring provisions may be amended and are subject to additional provisions in accordance with this Agreement or subsequent amendments.
6. AMBAG Contract Coordinator
The Contract Coordinator of this Agreement for AMBAG is Paul Hierling, Senior Planner. Any notice, report, or other communication required by this Agreement shall be submitted under the penalty of perjury by email to [email protected].
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Application for Funds
A. AMBAG is entering into this Agreement on the basis of, and in reliance upon, facts, information, assertions and representations contained in any application or award or any subsequent modifications or additions to such thereto approved by AMBAG.
All awarded applications for funding and any approved modifications and additions thereto are hereby incorporated into this Agreement.
B. The Grantee warrants that all information, facts, assertions and representations contained in any approved application, award or approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of an application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would affect AMBAG's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, AMBAG or AMBAG’s designee may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof.
2. Grant and Reimbursement Limit
A. The maximum total amount encumbered to the Grantee pursuant to this Agreement shall not exceed $85,000
B. This Agreement authorizes payments and awards up to the total award amount as described in Section 2A of this Exhibit and is subject to AMBAG approval.
C. The Grantee shall submit and follow a schedule for the expenditure of the award prior to disbursement of funds as attached hereto and incorporated hereby this reference. The schedule is subject to AMBAG approval and may be revised as AMBAG deems necessary.
3. Grant Timelines
A. This Agreement is effective upon approval by all parties and AMBAG.
B. All Grant funds must be obligated no later than March 31, 2024 and expended by March 31, 2026 unless the grant recipient receives an extension to the grant expenditure deadline in writing.
C. Extensions to the March 31, 2026 grant spending deadline may only be granted by AMBAG to the grantee in writing after September 31, 2025 and only if the grantee has spent at least 60% of their REAP 2.0 grant by September 31, 2025.
D. Final invoices must be submitted to AMBAG by April 15, 2026. Under special circumstances, approved by AMBAG and in accordance with the expenditure deadline, AMBAG may modify the invoice deadline and may provide exception to carry out the terms of this Agreement.
E. It is the responsibility of the Grantee to monitor the progress and timeliness of grant fund obligations, including invoicing and reimbursements within the specified dates.
4. Allowable Uses of Grant Funds
A. AMBAG shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Statute and REAP 2.0 Guidelines which includes associated forms and guidelines, approved applications and this Agreement.
B. Grant funds shall only be used by the Grantee for project activities approved by AMBAG that involve planning and implementation activities in accordance with the Statute and REAP 2.0 Guidelines.
C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to eligible activities.
D. A Grantee that receives funds under this Program may use a subcontractor and Grantee shall be accountable to AMBAG to ensure subcontractor’s performance of the subcontract shall comply with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program.
E. After the Agreement has been executed by AMBAG and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with the scope of work and subject to the terms and conditions of this Agreement.
REAP 2 .0 TERMS AND CONDITIONS
1. Accounting and Records
A. The Grantee, its employees, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for invoices. Grantees may establish and maintain an accounting system and reports, as described above, on behalf of contractors and subcontractors.
B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the budget and timeline. Separate bank accounts are not required.
C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP.
D. The Grantee agreesthat AMBAG or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement.
E. The Grantee agrees to maintain such records for a possible audit after the final payment for at least five years after all funds have been expended or returned to AMBAG unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.
F. Contractors and subcontractors employed by the Grantee and paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as specified above.
2. Invoicing
A. Grant funds cannot be disbursed until the Agreement has been fully executed.
B. The Grantee will be responsible for compiling and submitting all invoices and reporting documents.
C. The Grantee must bill AMBAG based on clear deliverables outlined in the Agreement or budget timeline. Generally, approved and eligible costs incurred for work after execution of the Agreement and completed during the grant term will be reimbursable.
D. The Grantee shall submit to AMBAG on a quarterly basis or upon completion of deliverable, and each requisition for payment (Invoice) shall accompanied by a narrative progress report. Quarters are defined as July 1 to September 30, October 1 to December 31, January 1 to March 31, and April 1 to June 30. Project invoices may be submitted to AMBAG by the Grantee on a quarterly basis or upon completion of a deliverable, subject to AMBAG’s approval.
E. The grantee shall submit an invoice to AMBAG no later than fifteen calendar days (15) after the close of each quarter. Invoices shall describe progress toward completion of tasks, projects, and products, conformance with project schedules and reporting of costs incurred.
F. Year-end Invoices, reports, and supporting documentation submitted in the quarter April 1 to June 30 submitted over fifteen calendar days (15) after the close of the quarter shall not be paid.
G. All invoices must also include supporting documentations including receipts or backup for all expenses for which reimbursement is sought. Supporting documentation may include, but is not limited to, purchase orders, receipts, progress payments, subcontractor invoices, timecards, reports, or any other documentation as deemed necessary by AMBAG to support the reimbursement to the Grantee for expenditures incurred.
H. Payment of Invoices is contingent upon receipt by AMBAG or the above documentation provided by the Grantee. Payment to Grantee is further contingent upon AMBAG’s determination that the performance of the Grantee meets State and AMBAG standards.
I. All Grantee funds must be spent and work completed by March 31, 2026.
J. AMBAG must indicate approval of Grantees invoices before they will be considered complete
3. Audits
A. At any time during the term of the Agreement, AMBAG may perform or cause to be performed a financial audit of any and all phases of the award. At AMBAG’s request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. AMBAG has the right to review project documents and conduct audits during project implementation and over the project life.
B. The Grantee agrees that AMBAG or AMBAG’s designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement.
C. The Grantee agreesto provide AMBAG, or AMBAG’s designee, with any relevant information requested.
D. The Grantee agrees to permit AMBAG or AMBAG’s designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with statutes, REAP 2.0 Guidelines, and the Agreement.
E. AMBAG may request additional information, as needed, to meet other applicable audit requirements.
F. AMBAG or AMBAG’s designee may monitor expenditures and activities of a Grantee or its designees, contractors or subcontractors, as AMBAG deems necessary, to ensure compliance with REAP requirements.
G. If there are audit findings, the Grantee must submit a detailed response acceptable to AMBAG or AMBAG’s designee for each audit finding within 90 days from the date of the audit finding report.
H. The Grantee agrees to maintain such records for possible audit after the final payment for at least five years after all funds have been expended or returned to AMBAG unless a longer period of records retention is stipulated. Wherever practicable, such records should be collected, transmitted, and stored in open and machine- readable formats.
I. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee and its designees, contractors, and subcontractors until completion of the action and resolution of all issues which arise from it. In any contract that it enters into in an amount exceeding $10,000, the Grantee shall include AMBAG’s right to audit the contractor’s records and interview their employees.
J. The Grantee shall comply with and be aware of the requirements and penalties for violations of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10.
4. Remedies and Non-Performance
A. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by AMBAG’s Executive Director, or the Executive Director’s designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of AMBAG’s Executive Director or Designee shall be AMBAG’s final decision regarding the dispute, not subject to appeal.
B. Neither the pendency of a dispute nor its consideration by AMBAG will excuse the Grantee from full and timely performance in accordance with the terms of this Agreement.
C. In the event that it is determined, at the sole discretion of AMBAG, that the Grantee is not meeting the terms and conditions of the Agreement, immediately upon receiving a written notice from AMBAG to stop work, the Grantee shall cease all work under the Agreement. AMBAG has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the Grantee to resume work under the Agreement.
D. AMBAG has the right to terminate the Agreement at any time upon 30 calendar days written notice. The notice shall specify the reason for early termination and may permit the Grantee or AMBAG to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to AMBAG within 30 calendar days of the early termination notice.
E. The applicant must demonstrate a clear and significant nexusto REAP 2.0 Program goals and objectives and must carry out provisions to meet the Program goals and objectives and other requirements, including, but not limited to, adoption or completion of activities toward policy outcomes and implementation of eligible use activities funded through a suballocation process. Any lack of action or action inconsistent with REAP 2.0 requirements may result in review and could be subject to repayment of the grant.
F. At any time, if AMBAG finds the Grantee included false information in application, as part of the application review, or subsequent amendments, AMBAG may require the repayment of funds.
G. Grantees are responsible for suballocations meeting all REAP 2.0 requirements.
H. If a grantee has not spent at least 20% of a REAP 2.0 grant awarded by December 31, 2024, that grantee’s funding will be deobligated and reallocated to another grantee and/or purpose at the discretion of AMBAG’s Executive Director or the Executive Director’s designee.
I. If a grantee has not spent at 60% of a REAP 2.0 grant awarded by September 31, 2025, that grantee’s funding may be deobligated and reallocated to another grantee, and/or purpose at the discretion of AMBAG’s Executive Director or the Executive Director’s designee.
J. Examples of a breach of this Agreement:
1. Grantee’s failure to comply with any term or condition of this Agreement.
2. Use of, or permitting the use of, grant funds provided under this Agreement for any ineligible costs or for any activity not specified and approved under this Agreement.
3. Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager in writing.
K. AMBAG may, as it deems appropriate or necessary, require the repayment of funds from a Grantee, or pursue any other remedies available to it by law for failure to comply with all REAP 2.0 Program requirements or breach of this agreement.
L. In addition to any other remedies that may be available to AMBAG in law or equity for breach of this Agreement, AMBAG may at its discretion, exercise a variety of remedies, including but not limited to:
1. Revoke existing REAP 2.0 award(s) to the Grantee;
2. Require the return of unexpended REAP 2.0 funds disbursed under this Agreement;
3. Require repayment of REAP 2.0 Funds disbursed and expended under this Agreement;
4. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the REAP 2.0 Program requirements; and
5. Other remedies available at law, by and through this Agreement. All remedies available to AMBAG are cumulative and not exclusive.
6. AMBAG may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 calendar days.
M. The Grantee may be subject to amendment of this section as a result of subsequent applications and awards.
N. AMBAG and the Grantee are fully committed to working with each other throughout the Term of this Agreement and agree to communicate regularly with each other at all times so as to avoid and minimize disputes. AMBAG and the Grantee agree to act in good faith to prevent and resolve potential sources of conflict before they escalate into a question or controversy. AMBAG and the Grantee each commit to resolving such dispute in an amicable, professional, and expeditious manner and agree to use the following procedure for resolving the dispute: (a) either party may give notice to the other of the dispute and will meet within three (3) business days to attempt to resolve the dispute; (b) a meeting or meetings shall be promptly between the representatives of the parties regarding the dispute to attempt in good faith to negotiate a resolution of the dispute; (c) if within thirty (30) days after a dispute has arisen, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation; (d) the mediator shall be jointly selected by the parties, or failing agreement on the selection of a mediator within thirty (30) days after the parties fail to negotiate an informal resolution of any dispute, the mediator shall be a retired judge or justice selected by the supervising judge of the Civil Division of the Monterey County California Superior Court. In any mediation conducted pursuant to this section, the provision of the California Evidence Code section 1152 shall be applicable to limit the admissibility of evidence disclosed by the parties in the course of the mediation; and € if the parties are not successful in resolving the dispute through the mediation, then the parties agree that the dispute shall be submitted to binding arbitration to a single arbitrator in accordance with the existing Rules of Practice of Judicial Arbitration and Mediation Services, Inc. (JAMS) within thirty (30) days of the close of mediation as declared by the mediator.
O. In the event either party brings an action or proceeding for damages arising out of the other's performance under this Agreement or to establish the right or remedy of either party, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Monterey.
5. Reporting
A. At any time during the term of the Agreement, AMBAG may request a performance report that demonstrates satisfaction of all requirements identified in the Agreement with emphasis on eligible activities, eligible uses, and expenditures according to timelines and budgets referenced in the Agreement.
B. Reports shall include the following information:
1. The status of the Proposed Uses and expenditures listed in the Grantee’s applications for funding and progress of each proposed use toward all the objectives of the REAP 2.0 program as provided in the Guidelines and explained in the applications.
2. An explanation and quantification, where appropriate, of the progress achieved toward all of the objectives of the REAP 2.0 program, barriers and solutions for each Proposed Use that is consistent with and incorporates the metrics in the full application, including, but not limited to:
i. Housing units accelerated,
ii. Reductions in Vehicle Miles Traveled Per Capita,
iii. Location of investment,
iv. Socioeconomic statistics about the impacted geography, and v. Regional impact explanation
The report must identify whether proposed uses overlap with other programs that share the same objectives as REAP 2.0. The Grantee should also identify any measurement challenges that persist and highlight any administrative barriers that prevent it from obtaining the information it needs to perform better analysis of progress made achieving REAP 2.0 Objectives and make adjustments to the extent possible in subsequent reporting years.
C. Upon completion of all deliverables within the Agreement, the Grantee shall submit a close out report in a manner and form prescribed by AMBAG.
6. Indemnification
Neither AMBAG nor any officer, employee or designee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted by the Grantee, its officers, employees, agents, its contractors, its sub-recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Agreement, Guidelines or Statute. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless AMBAG and all of AMBAG’s staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, contractors, sub-recipients, or subcontractors under this Agreement, Guidelines or Statute.
7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of AMBAG to enforce at any time the provisions of this Agreement, orto require at any time, performance by the Grantee ofthese provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of AMBAG to enforce these provisions.
8. Relationship of Parties
It is expressly understood that this Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
9. Third Party Contracts
A. All REAP 2.0 related funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law.
B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement and shall be applicable to the Grantee’s subrecipients, contractors, and subcontractors. Copies of all agreements with subrecipients, contractors, and subcontractors shall be submitted to AMBAG’s program manager.
C. AMBAG does not have a contractual relationship with the Grantee’s subrecipients, contractors, or subcontractors, and the Grantee shall be fully responsible for monitoring and enforcement of those agreements and all work performed thereunder.
10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity.
B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations.
C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the REAP 2.0 Program.
D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the REAP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351.
11. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of AMBAG, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B. The Grantee shall notify AMBAG immediately of any claim or legal action undertaken by or against it, which affects or may affect this Agreement or AMBAG, and shall take such action with respect to the claim or legal action consistent with the terms of this Agreement and the interests of AMBAG.
12. Changes in Terms/Amendments
A. The Grantee may be subject to amendments to this section as a result of subsequent applications and awards.
B. This Agreement may only be amended or modified by mutual written agreement of both parties.
13. State-Owned Data
A. Definitions
1. Work:
The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee’s contractor’s, subcontractor’s and/or sub-recipient’s employees under this Agreement.
2. Work Product:
All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and deliverables conceived or made or, hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement, are considered Work Product. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee’s contractor subcontractor and/or sub-recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.
B. Sharing of Work Product and Rights
All Work Product shall be shared with AMBAG and its partners for various purposes, including education, outreach, transparency and future learning.
14. Special Conditions
AMBAG reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved.
15. Term
This Memorandum of Understanding shall end on March 31, 2027. ___________________________
Date: _____________
Maura F. Twomey
Executive Director
____________________________
Date: ______________
Don Reynolds
City Manager
City Of San Juan Bautista
HWY 156
FOURTH ST
THIRD ST
POLK ST
SIXTH ST
SECOND ST
WASHINGTON ST
FIFTH ST
FRANKLIN ST
THE ALAMEDA
SEVENTH ST
MUCKELEMI ST
NYLAND DR
SAN JOSE ST
LAUSEN DR
MARIPOSA ST
LANG ST
TAHUALAMI ST
COPPERLEAF LN
MONTEREY ST
PEARCE LN
MISSION ST
SAN ANTONIO ST
FRANKLIN CT
FIFTH ST
0 0.06 0.12 0.18
Miles
Third Street Master Plan Study Area
LEGEND
Item: ___
City Council Meeting
September 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND
COUNTY OF SAN BENITO REGARDING THE SANITARY
SEWER FORCE MAIN TO HOLLISTER PROJECT (“PROJECT”)
RECOMMENDED MOTION:
A motion is sought to approve the attached Resolution and Reimbursement Agreement between the City of San Juan Bautista and the County of San Benito whereby as part its Project, the City will construct street improvements beyond that work which is related to it, on County roads, and the County will reimburse the City for an amount not exceed $4 million.
RECOMMENDATION:
That the City Council adopt the attached Resolution and authorize the Mayor to sign the Reimbursement Agreement with the County, providing that the City construct improvements on County roads in addition to the work required by its Project, and the County will reimburse the City for the cost of this construction not to exceed $4 million.
EXECUTIVE SUMMARY:
In the attached Recitals of the proposed Resolution, the development of the critical milestones for the City’s Sanitary Sewer Force Main Project are identified. The City has committed to resolving its sewer violations in part by decommissioning its treatment plant and sending its domestic wastewater to Hollister for treatment. It has agreed to lay the pipe in approximately 7-miles of County roads to avoid sensitive species, and the avoid the acquisition of privately held properties to become public rights-of-way. The ten-inch pipe requires a trench up to 3-feet wide in a 25-35- foot-wide road. It makes sense to not just repave the trench, but pave the whole street. The attached reimbursement agreement is recommended for the purpose of allowing the City and its contractor to pave the whole County street, and for the County to reimburse it for its costs for up to $4 million.
Page | 2
BACKGROUND:
The original conceptual pathways for the City’s proposed pipeline in 2020, crossed directly through private farm land to the Hollister treatment plant. More than dozen rights-of-way were required to be negotiated and bought top accomplish this task. The initial CEQA work also identified the presence of threatened species to be living in and around the waterways surrounding the farm land. The City took these details into consideration when in accordance with the Environmental Protection Agency’s Administrative Order on Consent (EPA-AOC) on October 13, 2020, it approved Resolution 2020-51 selection the regionalization of its wastewater and connection to the Hollister Treatment Plant.
Force Main
The proposed route runs the new force main inside the existing, unused 18-inch gravity sewer in San Juan Bautista north for about 0.43 miles until it reaches the northwest end of Caetano Place. From there the proposed IO-inch, 6.97- mile main route is along First Street, where it crosses No Name Creek to Prescott Road, where it crosses a drainage near the True Leaf Farms agricultural processing facility and turns east on San Justo Road. At Lucy Brown Road, the route turns south for a short length before running east again on Duncan Road. At Bixby Road the route turns south and then turns east on Freitas Road.
The route then turns north on Mitchell Road until it reaches the southeast border of the Hollister Domestic WWTP site. The route then follows the southern border of the Hollister Domestic WWTP percolation ponds until crossing State Route 156, through an existing 42-inch casing pipe under the highway, heading further east until it terminates at the Hollister Domestic WWTP existing influent manhole. The proposed route is almost entirely in public rights-of-way.
It has since executed a 40-year agreement with the City of Hollister to accept its wastewater, and raised the necessary funding to build the Project. The contract was awarded August 3rd, and the Project is underway. The Ground Breaking ceremony is planned for September 29th, 2023.
The current conditions of the County roads for the Project route need repair, and the opportunity to expand the City’s pavement of a 3-foot-wide trench to include the entire street-width, is good planning if it can be done. Last fiscal year, the County was able to identify a funding source for this extra work. It has successfully set-aside $4 million in its Capital Improvement Plan for this Fiscal Year. The proposed Reimbursement Agreement formalizes this arrangement.
FISCAL IMPACT:
The $4 million cost estimate was provided by Stantec, the City’s engineering firm that designed the project.
ATTACHMENTS:
Resolution and Reimbursement Agreement.
RESOLUTION NO. 2023- XXX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA APPROVING
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN
BAUTISTA AND THE COUNTY OF SAN BENITO REGARDING THE
SANITARY SEWER FORCE MAIN TO HOLLISTER PROJECT
WHEREAS, On April 18, 2023, the City Council approved Resolution 2023-25 and the plans and specifications for its Sanitary Sewer Force Main Project to Hollister (the “Project”); and
WHEREAS, the Project design is to locate most of the sewer pipe to Hollister in the middle of approximately seven miles of County roads; and WHEREAS, On August 3, 2023, the City Council adopted Resolution 2023-52 approving the Project Budget and awarded the contract to construct the Project; and WHEREAS, Rather than just re-paving the trench created by the Project, the Project budget is sufficient to re-pave the entire County road due to a $4 million commitment from the County; and
WHEREAS; on August 16, 2023, the City issued the Notice to Proceed to its contractor to include the added asphalt paving specified by the County for County roads; and WHEREAS, the purpose of the attached Reimbursement Agreement is to formerly commit both the City of San Juan Bautista and San Benito County to construct and pay for these street improvements, where by the City’s contractor will construct the street improvements, and the County will reimburse the City for its costs, not exceed $4 million; and WHEREAS, the City Council agrees to this arrangement and to use the attached Reimbursement Agreement for the betterment of the City and the County, as the most effective and efficient way to take advantage of the construction of the Project with a better outcome for the community’s roads with the best economic outcome for both agencies.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. That it finds the attached Reimbursement Agreement to be the best tool to use to construct the street improvements agreed upon by the City and County, and for the County to reimburse the City for its costs to do so in an amount not to exceed $4 million.
3. It authorizes the Mayor to execute the Reimbursement Agreement, subject to final review and approval from the City Attorney, and will seek the same authorization from the County Board of Supervisors.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a special meeting held on the 19th day of September, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SAN JUAN
BAUTISTA AND THE COUNTY OF SAN BENITO REGARDING THE SANITARY
SEWER FORCE MAIN TO SAN JUAN BAUTISTA PROJECT
This Agreement is dated for reference purposes as of the ___ day of ________, 2023, and is entered into by and between the County of San Benito, a political subdivision of the State of California (hereinafter “COUNTY”), and the City of San Juan Bautista, a municipal corporation of the State of California (hereinafter “CITY” and together with the COUNTY the “Parties”).
The Parties to this Agreement, for good and valuable consideration, the adequacy of which is hereby acknowledged by both Parties, mutually agree and promise as follows:
1. Effective Date. This Agreement is subject to approval by the legislative bodies of the COUNTY and CITY. The Agreement is effective on the date the last entity approves and executes this agreement. ("Effective Date").
2. Term. This agreement shall be effective once it is executed by both Parties, and shall terminate on June 30, 2025.
3. Purpose and Scope Work. CITY is engaged in the installation of a sanitary sewer force main. COUNTY is in pursuit of a contract for the purpose of repaving the vehicular roadway lane adjacent to the vehicular roadway lane being impacted by the sewer force main installation, and ancillary items for the roadway reconstruction. Based upon quantities measured from the CITY, COUNTY estimates that it will cost approximately Four Million Dollars ($4,000,000.00) to complete the roadway resurfacing and improvements, including ancillary or direct expenses needed for the roadway construction, including but not limited to designs, plans, traffic control, etc., to COUNTY roads along the alignment of the CITY’S project.
4. Cooperation. The Parties wish to engage in a cooperative effort to provide a savings between both CITY and COUNTY in a timely and efficient manner. The Parties desire to enter into this Agreement to memorialize the terms and conditions pursuant to which City will complete certain Resurfacing Work, as hereinafter defined, and COUNTY will reimburse CITY for the cost of the Resurfacing Work.
5. Responsibilities of COUNTY and CITY.
A. COUNTY shall provide to CITY funding up to the sum of four million ($4,000,000) dollars (the “Reimbursement Amount”) to reimburse CITY for costs incurred in connection with the Resurfacing Work, to be paid by COUNTY within 30 days of receipt of any invoice from CITY. The costs subject to reimbursement include, without limitation, the actual costs of the Resurfacing Work and costs incurred through work by the San Juan Bautista City Attorney and CITY staff in connection with the Resurfacing Work. COUNTY’s obligation to pay the Reimbursement Amount shall be a general obligation of COUNTY, secured by the full faith and credit of the COUNTY. If costs in connection with the Resurfacing Work are greater than the Reimbursement Amount, the parties will meet to discuss whether the scope of work should be minimized, or the amount of this agreement should be increased.
B. City shall be responsible for the following:
(1) CITY shall complete vehicular lane resurfacing work (“Resurfacing Work”) on certain COUNTY roads (the “Roads”) as identified and described in the Approved Plans or any Approved Modification, both terms hereinafter defined. CITY’s obligation to complete Resurfacing Work is limited solely to the Resurfacing Work as described in the Approved Plans or any Approved Modification, and CITY has no obligation to complete any Resurfacing Work unless described in the Approved Plans or Approved Modification.
(2) The Resurfacing Work shall only be performed after project plans and specifications are approved (the “Approved Plans”) by the COUNTY Public Works Administrator (“COUNTY PWA”), which approval shall not be unreasonably withheld, conditioned or delayed. If the COUNTY PWA disapproves the project plans and specifications as proposed by CITY, such disapproval shall be in writing and shall state the reasons therefor. After approval of the project plans and specifications, COUNTY may deliver written notice of any proposed amendments or modifications to the Approved Plan, to be approved only in CITY’s sole and exclusive discretion (“Approved Modification”). CITY shall allow the COUNTY PWA to review and approve in writing any obligations of COUNTY (the “COUNTY Scope of Work”) proposed in any contract related to the Resurfacing Work (the Contracts”) before execution of the Contracts. If COUNTY does not provide written approval of the COUNTY Scope of Work, or any portion thereof (the “Disapproved COUNTY Work”), the Disapproved COUNTY Work shall be deleted from the Contracts prior to execution. (3) CITY shall comply with all laws relating to public works projects that are applicable to the Resurfacing Work.
(4) CITY shall maintain accurate records itemizing the costs incurred to complete the COUNTY roadway vehicular lane resurfacing improvements. (5) Upon completion of the Resurfacing Work, CITY will provide written notice to the COUNTY PWA that the COUNTY may inspect the Resurfacing Work prior to approving and accepting the Resurfacing Work (the “Notice”), which approval and acceptance may not be unreasonably withheld, conditioned or delayed. If the Resurfacing Work is, in the opinion of the COUNTY, not compliant with the Approved Plans or any Approved Modification, the COUNTY PWA shall list the deficiencies that must be corrected to find the work and repairs compliant. If the COUNTY fails to inspect the Resurfacing Work within 30 days after receipt of the Notice, COUNTY accepts the Resurfacing Work as completed by CITY. Upon COUNTY’s acceptance of the Resurfacing Work, CITY shall have no continuing responsibility for maintenance, repair, replacement, or improvement of any of the work relating thereto.
(6) CITY and COUNTY will cooperate with each other in good faith and as necessary to complete the Resurfacing Work. COUNTY shall provide reasonable access to the Roads to CITY and CITY’s contractors, suppliers, architects, engineers, design and construction professionals, consultants, agents, and the employees of the foregoing, governmental officials or employees, and all other persons or entities involved in the Resurfacing Work. COUNTY warrants that CITY will not be required to acquire real property or obtain rights-of-entry or other forms of permission from any third parties to perform the Resurfacing Work, including but not limited to encroachment permits, temporary or permanent easements, licenses or other similar approvals. To the extent that the Approved Plans or any Approved Modifications require approval from any other public agencies or private utility companies having jurisdiction over the work, the Parties shall cooperate and exercise commercially reasonable diligence to obtain such approvals soon as reasonably practicable.
6. Hold Harmless. Upon the acceptance of the Resurfacing Work, COUNTY agrees to release, indemnify, and hold CITY, its officers, appointed boards, commissions, agents consultants and employees, harmless from and against any claims, costs, damages or liabilities arising out of the Resurfacing Work or the performance of this Agreement.
7. Indemnification. COUNTY shall indemnify and hold CITY, its officers, appointed boards, commissions, agents, consultants and employees, harmless from and against any claims, costs, damages or liabilities arising from the Resurfacing Work or the performance of this Agreement while performing the Resurfacing Work. However, any indemnification agreement that CITY has with contractors performing the work shall contain a provision that includes the COUNTY as an additionally indemnified party.
8. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter of this Agreement. Any representation or promises of the parties relating to the subject matter of this Agreement shall not be enforceable unless it is contained in this Agreement or in a subsequent written modification thereof.
9. Interpretation. The Parties agree that any rule of construction to the effect that any ambiguities are to be construed against the drafting Party shall not be employed in the interpretation of this Agreement.
10. Independent Relationship. It is understood that the CITY and its contractors, officers, employees, and agents are acting in an independent capacity and not as officers, employees, or agents of the COUNTY.
11. Insurance. CITY shall carry insurance in the amount identified in the Approved Plans or any Approved Modification, including any self-insured retention. CITY shall provide proof of insurance to COUNTY upon request.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written.
COUNTY:
San Benito County Board of Supervisors
By: Date: _______
Mindy Sotelo, Chair
Attest:
Date: _______
Vanessa Delgado, Clerk of the Board
APPROVED AS TO LEGAL FORM:
San Benito County Counsel’s Office
Date: _______
Barbara J. Thompson, County Counsel
CITY OF SAN JUAN BAUTISTA:
Date: _______
Attest:
Date: _______
City Clerk
APPROVED AS TO LEGAL FORM:
San Juan Bautista City Attorney’s Office
Date: _______
Robert Rathy, Attorney at Law
Item: ___
City Council Meeting
September 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: APPROVE PUBLIC SAFETY COORDINATOR AND
COMMUNITY SERVICES OFFICER JOB DESCRIPTIONS
RECOMMENDED MOTION:
Approve a Resolution adopting the Public Safety Coordinator and Community Services Officer Job Descriptions and initiate recruitment to fill these openings.
RECOMMENDATION:
It is recommended that the City Council consider the draft job descriptions for Public Safety Coordinator and Community Services Officer intended to implement the reorganization of the Public Safety Department as approved in the City Budget for Fiscal Year 2023/24, approve these job descriptions and authorize the City Manager to initiate recruitment to fill the positions.
EXECUTIVE SUMMARY:
By adopting the attached resolution and approving the two attached fulltime job descriptions for the Public Safety Coordinator and Community Services Officer, the City will be able to eliminate the part-time code enforcement position and private security contract and implement the reorganization of Public Safety Services.
BACKGROUND:
In its capacity as a “Public Safety Department” the City is served by the City Manager, and a parttime code enforcement officer. The code enforcement officer works 30-hours per week at $56 per hour. Together they address the provisions of the three large contracts; law enforcement, fire safety and private security. They also support land-uses and code enforcement actions, administrative policy enforcement including the illegal use of fireworks, nuisance abatement, commercial vehicle enforcement, parking enforcement, and animal regulation. They support the administrative appeal process when needed. Department organizational charts (before and after consideration) are attached for reference.
Page | 2
The City Manager and Code Enforcement Officer have represented the City in the development of the new Multijurisdictional Hazard Mitigation Plan. During the fall of 2022, both State Office of Emergency Services and the Federal Emergency Management Administration approved the Plan.
On January 17, 2023, the City adopted Resolution 2023-09 making this regional Plan the City’s emergency response plan. City staff has attended the trainings associated with the new emergency plan last fall. The City has declared four different been states of emergency since the pandemic in 2020, that include drought that has since been removed, and the two flooding incidents in 2023.
In 2021, the City organized a Public Safety Ad-Hoc Subcommittee that eventually became a Standing Committee, and met until vacancies occurred as a result of the November 2022 election. (There are now two vacancies on the standing Committee roster; one at-large and one planning commissioner.)
The Committee last met October 24, 2022. Since then, the Sheriff opened negotiations for a new City contract, and the Hollister Fire Department began exploring the feasibility of becoming a regional District. With the adoption of the Hollister City Budget, the Hollister City Council asked that San Juan’s contract be reconsidered (it expires in December 2025 with the option to renew it until 2026).
The Committee’s progress in its evaluation of the public safety services resulted in two recommendations that became the City’s “Public Safety Initiative;” consider a reorganization and consider the purchase of city-wide security camera system. The Committee evaluated the security systems in King City and Hollister, and worked with three different vendors to bring forward a recommendation for the City Council’s consideration in a separate report on this same agenda. It became clear that the system to be effective, needs to be managed by the City, and the Public Safety Department lacks this leadership. This is one of several reasons why the City asked Citygate to study the potential for a re-organization when the contract was awarded last January.
Citygate introduced a retired under-sheriff to the Public Safety Department who conducted interviews of the various service providers, and identified the City strengths and weaknesses in this regard. Attached are Pages 55-59 of that final Report. From this work 5 Findings were reported as well as 4 Recommendations. These Recommendations are provided below, Item: ___
City Council Meeting
September 19, 2023
Page | 3
Recommendation numbers 10 and 13 include adding a management level position that is responsible for all public safety issues, and converting private security contract to a full or part time Community Service Officer position that will work under the new Public Safety Management position.
This matter was included the City Manager’s budget message, and was discussed in detail during the May budget workshops. The City Council changed the budget recommendation from two parttime positions (one Community Service Officer and one part-time Code Enforcement Officer), to one full-time Community Service Officer position. These two positions are part of the City’s Budget for Fiscal Year 2023/24, with starting salaries at $50 per hour and $35 per hour (respectively).
Page | 4
DISCUSSION
Implementing the changes to the Public Safety Department requires a strategy that preserves the current levels of service while the transition occurs. The savings will not be realized until the contract for private security ends, which requires a 60-day notice. In the mean-time, the City has realized more than a quarter of its fiscal year salary savings approving the job descriptions and recruiting and filling the positions. Certainly, the private security firm will remain on-board until the Public Safety Coordinator fills the Community Services Officer position that will report to it.
The Coordinator will be expected to manage a new security camera system. The goal is to fill the Coordinator position and initiate a new security camera system at the same time, and a separate report on this is included on this Agenda to move the security camera system agreement forward.
Since July 1, 2023, the City Manager has considered several different Public Safety Coordinator related job descriptions from City’s that also contract for law enforcement. The attached Resolution relies mostly upon the City of Malibu’s example. The job description for community service officer was taken form the City of Salinas, that relies heavily on these positions to off-set the high cost of sworn deputies. These two positions will help staff weekends, evenings and special events.
The recruitment and filling the position depends a lot on the adequacy of the salary. The ideal candidate for the Coordinator position may be a retired safety professional, that can continue to collect the State retirement while working for the City.
FISCAL IMPACT:
Savings will begin in the second half of the fiscal year, to assure that the level of public safety services and maintained during the transition.
ATTACHMENTS:
Resolution
Citygate Public Safety Overview
Department Organizational charts, before and after
1 RESOLUTION NO. 2023- XX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ADOPTING A JOB
DESCRIPTION FOR THE POSITIONS OF PUBLIC SAFETY COORDINATOR AND
COMMUNITY SERVICE WORKER
WHEREAS, the City relies on contractual services for its fire prevention and law enforcement services, that are managed currently by the City Manager with help from a part-time code enforcement officer; and
WHEREAS, the code enforcement officer is also responsible for animal control services, parking enforcement through a contract with private security services, and helps enforce illegal commercial truck traffic; and
WHEREAS, in 2021 and 2022, the City appointed a “Public Safety Committee” that reviewed the various public safety contracts and identified ways to improve the City’s safety services delivery; and
WHEREAS, in January 2023, the City retained the services of Citygate to review the organizational structure of Public Safety services; and WHEREAS, after interviewing various stakeholders, Citygate recommended a full-time position to manage the safety contracts and act as the City’s first point of contact for all safety concerns outside of the 911 emergency response line; and WHEREAS, Citygate also recommended that the City move away from its reliance on patrol services by private security, and hire a part-time community service worker to accompany the part-time code enforcement officer to help with patrols, parking enforcement, and enforcing the illegal commercial truck traffic laws; and
WHEREAS, during budget deliberations in May and June 2023, the Council was informed that if the cost of private security was eliminated, that two new positions could be added with no cost increase; and
WHEREAS, also during the Council ‘s budget deliberations, direction was received to change the title from Code Enforcement Officer to “Community Services Officer,” and make this a full-time position, rather than part-time; and
WHEREAS, attached are two new fulltime job descriptions; one for Public Safety Coordinator and a second for Community Services Officer; and WHEREAS, the City Council agrees reorganize Public Safety by ending private security and code enforcement, and adopts these two fulltime job descriptions; one for Public Safety Coordinator and a second for Community Services Officer. 2 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. It agrees that the reorganization of the Public Safety Department will include eliminating the part-time code enforcement position and private security, and add the two full-time positions described in the attached job descriptions.
3. Adopts the Public Safety Coordinator and Community Services Officer job description attached to this Resolution.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 19th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Attachments: Job Descriptions for “Pubic Safety Coordinator” and “Community Services Worker”
JOB DESCRIPTION: PUBLIC SAFETY COORDINATOR August 24, 2023 1 JOB DESCRIPTION: PUBLIC SAFETY COORDINATOR
SALARY RANGE:
REPORTS TO: CITY MANAGER
SUMMARY DESCRIPTION
The Public Safety Coordinator reports to the City Manager and together, they are responsible for the daily activities and administration of the City’s Public Safety Department, that includes law enforcement, private security, and fire contract services. The Public Safety Coordinator is directly responsible for code enforcement, parking enforcement and animal control duties. This position coordinates the City emergency response program, development of a neighborhood watch program, the enforcement of illegal truck traffic and removal of abandoned vehicles. These duties include technical, (city security camera system) administrative, management, investigative, crime prevention, fire prevention, interacting with the public, planning for special events and emergency response, supervision of employees, and other such duties as necessary, required, or directed by the City Manager or his or her designee.
REPRESENTATIVE DUTIES
The following duties are examples of the role of Public Safety Coordinator:
o Keep the community and City Council informed about its safety and enforcement programs, preventative efforts, strategies, trends and potential vulnerabilities;
o Working with the community, investigate allegations and violations of City Land Use and Administrative Codes, and enforce and resolve violations as necessary;
o Coordinate with other regulatory agencies to assure a comprehensive enforcement and prevention program is resolving issues in the best interest of public safety;
o Administer framework necessary to ensure safety and security operations, policies, and procedures; oversee the correction of all issues in the interest of safety, security, and risk reduction; o Lead when appropriate investigations, audits, and security inspections;
o Recommend new policies, procedures, programs, and services for continual improvement and communicate information regarding procedural requirements and other government and local mandates; o Ensure the safe operation of special events and programs; o Assume the duties of Operations Director in the Incident Command System during a declared State of Emergency, and lead training for staff and volunteers;
JOB DESCRIPTION: PUBLIC SAFETY COORDINATOR August 24, 2023 2 o Hire, train, coach, supervise, schedule, evaluate assigned employees; and
o Perform other duties as assigned.
KNOWLEDGE, SKILLS AND ABILITIES
The following knowledge, skills and abilities are examples of those skills best suited for performing the duties of this position:
o Knowledge of police, fire administration, emergency response, code enforcement methods and such applicable laws, codes, and ordinances; o Ability and sensitivity to the cultural diversity of the community, and its goal to improve its efforts towards Justice, Diversity, Equity, and Inclusion; o Knowledge of the criminal justice and non-criminal adjudication systems; o Knowledge of City Codes and enforcement protocols;
o Ability to develop and maintain cooperative relationships with City officials and residents;
o The ability to express ideas clearly and communicate both verbally and in writing to a diverse audience of community members, and regulatory officials; o The ability to use a personal computer, Microsoft Office suite, and permit tracking software;
o Manage security surveillance equipment and related evidence-based research; o The ability to interpret various technical written codes and enforcement strategies;
o Ability to integrate the use of complex techniques including statistics, research and data analysis, and interpret technical data in the course of an ordinary day; o Ability to work outdoors, evenings, on weekends and on holidays, and be available on a 24-hour emergency call-out basis;
o The physical ability and agility to work on one’s feet for hours at a time, in the field, in poor weather conditions, and lift on occasion as much as 25-pounds.
EDUCATION AND TRAINING
Bachelor’s degree in Criminology, Law Enforcement, Fire science, public administration, or related field preferred. Adequate and related experience in any of these disciplines can be substituted for a Bachelor’s Degree.
Five to Ten years of related experience to law enforcement, fire, or public safety with progressively responsible supervisory and management positions. PC 832 Certificate required within one year of hire date.
The strongest candidates will have basic course credentials from the California Commission of Police Officer Standards Training. Similar training credential for fire fighter I or 2 may be substituted for police officer credentials. Bi-lingual skills in Spanish and JOB DESCRIPTION: PUBLIC SAFETY COORDINATOR August 24, 2023 3 English with both verbal and literate proficiencies are preferred. Other training credentials and experience applicable to the duties described herein may be considered.
Valid California Driver’s License; insurable to drive City vehicles.
JOB DESCRIPTION: COMMUNITY SERVICES OFFICER August 24, 2023 1 JOB DESCRIPTION: COMMUNITY SERVICES OFFICER
SALARY RANGE:
REPORTS TO: COMMUNITY SERVICES COORDINATOR
SUMMARY DESCRIPTION
Under general direction of Public Safety Coordinator, the Community Service Officer provides a wide range of field and office support for the Public safety Department of the City that includes code enforcement, contract services for law enforcement fire protection, disaster preparedness, animal control and City nuisance ordinances. Performs customer service, minor investigations, report drafting and documenting, traffic control, initial evidence collection, and various other supporting tasks for the Department. Depending on the needs of the department, incumbents may be assigned to commercial vehicle enforcement, and support special events on weekends and evenings.
Distinguishing Characteristics: This is a journey level class in the Public Safety Department. Incumbents perform routine and more complex general tasks with occasional instruction or assistance. Generally, this position enforces the municipal code.
ESSENTIAL JOB FUNCTIONS
1. Provides a wide range of services to the community for the benefit of law enforcement; serves as a Parking Enforcement Officer, Abandoned Vehicle Abatement Officer, illegal commercial truck traffic enforcement, and receives verbal and written citizen inquiries and complaints.
2. Provides Code Enforcement functions related to land-use policies and laws, enforces various administrative policies including but not limited to the illegal use of fireworks, excessive noise, and correcting nuisance properties.
3. Investigates, gathers information, and documents findings for various minor crime scenes and other emergency situations; provides traffic and crowd control for special events and scenarios involving law enforcement, photographs crime scenes, gathers evidence, and supports the overall investigations done by the Sheriff’s Department.
4. Manage and support the various non-emergency complaints and calls received within the City; drives department vehicles on various shifts and responds to emergent and non-emergent situations including but not limited to, stolen or disabled vehicles, abandoned vehicles, injury and non-injury traffic collisions, past tense property crimes, potential fraud, missing persons, and respond to calls for animal services to assess and report to the supervisor.
JOB DESCRIPTION: COMMUNITY SERVICES OFFICER August 24, 2023 2 5. Performs multiple front desk and customer service duties; answers phones, directs callers, takes photographs, processes special vehicle permits, completes incident and crime reports with limited or no suspect information, and handles a wide range of administrative tasks within the Public Safety Department.
6. Assists public safety service contractors and supervisor in field duties, community presentations and special assignments.
7. Performs other related duties as assigned.
Typical Decisions: The incumbent will make consistent decisions regarding general community services and the duties involved. Will make evidentiary, investigative, case by case decisions including documentation and processing, prioritizing case tasks, customer service help. Works with little supervision and uses independent judgment.
MINIMUM QUALIFICATIONS
Knowledge of:
• Basic organization and functions, procedures, and operation details of criminal justice administration related to the enforcement of the municipal code.
• Procedures and methods required to perform a full range of public safety and enforcement support.
• City policies and procedures.
• Conflict resolution.
• Issuing and delivering code violations and citations. • Basic investigation principles and procedures.
• Customer service and working with the public.
Ability to:
• Interpret and apply laws and regulations of the City and State. • Conduct basic investigations and maintain accurate records of findings. • Deal with irate or very emotional individuals in enforcement, investigative, or emergent situations.
• Maintain composure in emergency situations.
• Use a computer, other hardware, and related computer software. • Communicate effectively both verbally and in writing
• Manage cases and multi-task.
• Prepare accurate, concise, and professional reports.
• Research, investigate, and interpret information and resources.
JOB DESCRIPTION: COMMUNITY SERVICES OFFICER August 24, 2023 3 • Work efficiently and cooperatively with other City departments, outside agencies and members of the public; provide effective customer service. • Operate a city vehicle to include but not limited to patrol vehicles, vans, and radar trailer.
Education: High School Diploma or GED
Experience: Two years of public contact experience in a service-related field.
Licenses and Certifications: A valid California State Driver’s License; PC 832 Certificate required within one year of hire date. Employee must complete SB 1343 Sexual Harassment Prevention Training at time of hire and every two years thereafter.
SUPPLEMENTAL INFORMATION
Physical Demands and Working Conditions: This position requires a combination of field and office work, moving in and out of a vehicle for an entire shift, writing citations, assisting with traffic control. Assignments may require standing for long periods of time. Fieldwork requires a tolerance for all types of weather conditions, heat, rain, fog, day and evening shifts. Business office environment subject to sitting at a desk or standing at a counter for long periods of time. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, tablet or calculator and to operate standard office equipment; vision to read printed materials and a computer screen; hearing and speech to communicate in person, over the telephone and two-way radio. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to fifty pounds.
May be subject to verbal and physically abusive behavior, threats and insults from the public. Potentially be in contact with persons that carry weapons and communicable diseases. May be ordered-in to provide staff coverage per the needs of the department. Some assignments may require a shift work schedule to include days, evenings, weekends and holidays. Will be required to work special events. Promote and maintain safety in the workplace.
Item: ___
City Council Meeting
September 19, 2023
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: AGREEMENT WITH FLOCK GROUP INC. TO INSTALL AND
OPERATE A CITYWIDE SECURITY CAMERA SYSTEM
RECOMMENDED MOTION:
A motion is sought to approve the attached a Resolution authorizing the City Manager to execute an Agreement with Flock Group Inc. for the lease of a City-wide security camera system.
RECOMMENDATION:
It is recommended that after considering the attached security cameras system proposal and agreement, that the City Council authorize the City Manager to execute the agreement with Flock Group Inc. for the lease, management, update, and maintenance of security camera system for an initial term of two years
EXECUTIVE SUMMARY:
With the Council’s approval of a reorganization of its Public Safety Services Department in the Budget for Fiscal Year 2023/24, there will be adequate staffing to manage a security camera system for the City. Staff has researched three different technological and acquisition strategies over the past 5-months. This report describes the result of this research and recommends that the City lease the system described in the attached proposal from the Flock Group Inc.
BACKGROUND:
In 2021, the City convened its Public Safety Ad Hoc Committee that reviewed the City’s public safety services. Included in this review was a presentation about security camera systems from the City of King City Manager and Chief of Police. They strongly recommended that the City research these systems and move forward with its own security system.
Page | 2
The City extended its research to the City of Hollister meeting with the Hollister Information Technology Department that manages its system. It is critical that communication between the two cities occurs because it can provide vital evidence for solving serious crimes quickly. The Hollister technology has been is use for several years, and is constantly undergoing upgrades. This year, they began adding new technology from Flock Group Inc. The City also met with Hollister’s Chief Carlos Reynoso. He is very supportive, and wanted to be certain that the City deployed cameras at the three key entrances; Monterey Street, round-about at San Juan highway, and the Alameda.
With the Council’s informal support of the Citygate recommendation to reorganize its public safety services, (as discussed in a separate report on this same Agenda), in May, staff began in earnest to learn about the security systems offered by various vendors that serve this region. In the end the research focused on three vendors; Verkada, Surveillance Grid, and Flock Group Inc.
DISCUSSION:
The initial goal of investing in this highly technical equipment, is to cover the basics – entrances and exits. If additional coverage is warranted, additional cameras can be added to each of these systems. All three vendors offer technology that can fulfill this requirement. They each have the upmost protections and firewalls to preserve privacy, and maintain City data.
Selection criteria for San Juan Bautista is unique. In addition to requiring the best technology, reliability and effectiveness, the City requires that the system be simple to manage, and is flexible in its deployment. Flexibility is maximized by leasing rather than buying and owning the equipment. All three vendors offer a combination of cameras where one specification is capable of license plate recognition, (“LPR”) and a second camera is used for general pan, tilt, and zoom capabilities (“PTZ”). All three proposals covered the three entrances to the City with LPR capable cameras, then added the PTZ cameras in targeted areas as recommended by staff. All three LPR systems would be connected to law enforcement and integrated into the National Crime Information Center (“NCIC”) data base with the ability to track vehicle registrations, and other important confidential information. “Hot Lists” of license plates can be created for the systems so that when a targeted vehicle enters the City, law enforcement is notified.
Surveillance Grid is Hollister’s legacy vendor, (and King City’s), and they offer a variety of different camera systems based on the client’s needs. They did not recommend leasing the equipment, due to the fact that most of the technological upgrades are software based and easily downloaded to the hardware systems. However, the server is recommended to be located at City Hall, would require and 2-year upgrades at an initial purchase price of $40,000, and a total system cost of $169,593.13. They estimate a ten-year life for the cameras systems, and some of these cameras are to be located on PGE poles (which can be an issue). There is an annual service charge for the software license of $7,900 per year. Hollister’s IT department and Police Department act as the foundation of this system in their city. Capacities not readily available in San Juan Baustista.
Verkada is one of the largest providers in the State, with 130 cities, 40 school districts and 30 universities as part of their 1,700+ client base. They have proposed a seven-camera system combining LPR and PTZ capabilities. Their proposal is not a purchase, but a license agreement.
Item: ___
City Council Meeting
September 19, 2023
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They offer a discounted 5-year license at $50,000 or 10-year discounted license at a cost of $64,400. While the technology and applications are top ranked, their customer base is spread across the state, with Salinas as the closest city using this equipment, then San Mateo, and South San Francisco. Rather than providing a price for installing the system, Verkada offers to identify a third-party to request a quote. While 92% of the maintenance is performed on-line, the 8% would be the City’s responsibility. Cameras would be uninstalled and shipped by the City for repair (car accident, or other issues) and then re-installed by the City. Maintaining and cleaning camera lenses and other routine matters would be the City’s responsibility as well.
Of the three companies, Flock seemed to be the one that was growing the fastest and used the most advanced technology. New equipment was introduced during the research process. This is the firm recommended by the Citygate Undersheriff that completed the reorganization study. The LPR cameras used by Flock are not referred to LPR, but “Vehicle Fingerprint” cameras capable of identifying much more than license plates to include car make, color, and even bumper stickers.
The cameras are more powerful than those offered by the other vendors, and when asked about proposal for more than 6-cameras, there was no need for the additional hardware. One concludes that this is a better and simplified version of the systems proposed by the other vendors. An investment in Flock is a better value.
It is also impressive that all the cities surrounding San Juan Baustista are investing in the Flock systems. This allows law enforcement to work with Watsonville, Gilroy, Morgan Hill, Salinas, and Hollister in the event of an Amber Alert or other crime moving across jurisdictions. The cities can share vehicle license plate “hotlists.”
The Flock service agreement is full service – they install, monitor, and maintain all of it. There is a fee for replacing damaged cameras. The City’s role and responsibilities are reduced to accessing stored data for evidence, and the use of the live feed software when needed. The system administrator is intended to be the newly recruited Public Safety Coordinator.
The proposed agreement that is attached is for only two-years at $18,000 per year ($3,000 per camera times 6-cameras). The first year includes $2,100 for the installation, training and testing of the system.
This is a link to their deployment plan: Deployment Plan Manager,
SUMMARY
The worst-case scenario is for the City to invest in a highly technical system that it does not have the capacity to take full advantage of, maintain if necessary, or to be locked into a technology that is soon to be outdated. Staff favors the concept of having the best technology, that is used to simplify the system. A system that is leased rather than purchased in short-increments that can be extended and modified in short intervals. Having experienced the user interface, staff is comfortable that at any skill level, the data can be easily be accessed and retrieved. Staff recommends Flock systems because it is the most common system in the area, it has the best technology, and a price and term that present the lowest risk to the City.
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FISCAL IMPACT:
CIP 22-02 is the “Public Safety Initiative” that has $200,000 budgeted from the prior fiscal year for the purpose of investing in a security camera system.
ATTACHMENTS:
Resolution, Proposal and Agreement.
RESOLUTION NO. 2023- XXX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA APPROVING AN AGREEMENT WITH FLOCK GROUP INC. TO INSTALL AND OPERATE A
CITYWIDE SECURITY CAMERA SYSTEM
WHEREAS, in 2021, the City convened its Public Safety Ad Hoc Committee that became a standing Public Safety Committee in 2022, (“Committee”), and met until vacancies occurred following the 2022 election; and
WHEREAS, the Committee reviewed the contracts and personnel assigned to public safety services in the City that include contracts with the Hollister Fire Department, San Benito County Sheriff, Santa Cruz 911, Private Security, County Office of Emergency Services, and City’s part-time Code Enforcement Officer; and
WHEREAS, the Committee also explored the use and effectiveness of security cameras systems, and received a report from the King City Chief of Police and the City of Hollister; and WHEREAS; the City with its 2022/23 budget began funding its Public Safety Initiative, putting funds aside in the Capital Improvement Plan (CIP 22-02, $200,000) to purchase a security camera system; and
WHEREAS, it became clear learning from other cities, that the management and effective use of a security camera system requires dedicated staff that City has not provided for in past Budgets; and
WHEREAS, staffing has changed with the adoption of the FY 2023/24 Budget when the City approved a reorganization of its Public Safety Services that eliminates the private security contract for patrol services, and the part-time code enforcement officer position, and adds two full-time positions (as presented for consideration is a separate report to the Council on this same Agenda); Public Safety Coordinator and Community Services Officer; and WHEREAS, the City has researched various technical and service delivery models for security systems common amongst the other jurisdictions in the region, and concludes that the technology should not be purchased but leased, from a full-service vendor that will install, update software, clean, and manage the equipment on a regular basis; and WHEREAS, the Flock Group has proposed a security system for the City that includes “Vehicle Fingerprint” capabilities that are superior to the standard license plate reader (“LPR”) technology common today on the market (4 LPR cameras), and the new “Flock Safety Condor” technology that is a “pan, tilt, zoom” (“PTZ”) solution, (2 PTZ cameras) that are fully integrated into law enforcement systems for records search and evidence tracking abilities, and can be shared with other Flock systems being used in every city within 30-miles of San Juan Baustista; and
WHEREAS, the installation, set-up and training is proposed to cost $20,100, and the annual lease is $18,000 per year ($3,000 per camera) for an initial two-year term, which is within current budget for the Public Safety Initiative; and
WHEREAS, the City Council has reviewed the Agreement and proposed security camera service solution and agrees with the recommendations as presented, and agrees that this proposed solution is a good value for the City.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. That it agrees to retain the services of Flock Group Inc. to install and maintain a security camera system as described in the attached proposal and Agreement; and
3. It authorizes the City Manager and City Attorney to finalize the details of this Agreement in much the same form as that presented in this Resolution, and execute it on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at it regular meeting held on the 19th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Attachments: Flock Group Inc. Proposal and Agreement
Item#: 9.F
City Council Meeting
September 19, 2023
Page | 1 www.san-juan-bautista.ca.us
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 19, 2023 (Second Reading)
DEPARTMENT: CITY ATTORNEY
BY: CITY ATTORNEY
TITLE: AN ORDINANCE REVISING TITLE 13 “VIOLATIONS” BY
REPEALING AND REPLACING ARTICLE 4 “NOTICED
NUISANCE ABATEMENT PROCEDURE” AND ARTICLE 5
“EMERGENCY NUISANCE ABATEMENT PROCEDURE” OF
CHAPTER 1 “ENFORCEMENT” BY ADOPTION OF AN
ORDINANCE ENTITLED “ALTERNATIVE PUBLIC NUISANCE
ABATEMENT PROCEDURES.”
CEQA: EXEMPT PER CEQA GUIDELINE 15061(B)(3)
RECOMMENDED MOTION:
Adopt an Ordinance determining this project is categorically exempt from the California environmental quality act and revising title 13 “violations” of the San Juan Bautista municipal code by repealing and replacing article 4 “noticed abatement procedure” and article 5 “emergency nuisance abatement procedure” of chapter 13.1 “enforcement” by adoption of an ordinance entitled “alternative public nuisance abatement procedures and remedies” RECOMMENDATION:
Adopt an Ordinance of the City of San Juan Bautista Municipal Code:
Repealed and Replaced Article 4 of Chapter 13.1 of Title 13 Article 4 of Chapter 13.1 of Title 13 of the San Juan Bautista Municipal Code entitled “Noticed Nuisance Abatement Procedure” is hereby repealed in its entirety and replaced in the San Juan Bautista Municipal Code as set forth on the attached twenty-one (21) pages, Marked “Exhibit A” entitled “Article 4 Alternative Public Nuisance Abatement Procedures and Remedies” and incorporated herein by this reference thereto.
Repealed and Not Replaced Article 5 of Chapter 13.1 of Title 13 Article 5 of Chapter 13.1 of Title 13 of the San Juan Bautista Municipal Code entitled “Emergency Nuisance Abatement Procedure” is hereby repealed in its entirety and not replaced.
Item#: 9.F
City Council Meeting
September 19, 2023
Page | 2 www.san-juan-bautista.ca.us
EXECUTIVE SUMMARY:
The proposed Ordinance would increase the ability of the City to assure code compliance within the City and would not have any potential for creation of a significant environmental impact.
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(B)(3) based on the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
BACKGROUND:
During the discussion at the City Council meetings on April 18, and July 18, 2023, Council Members directed that a new version of a nuisance abatement ordinance be provided for review and then, on July 18 directed that it be brought forward for introduction. An Ordinance follows for that purpose.
DISCUSSION:
The City Council may provide by ordinance for the abatement of any nuisance at the expense of the person maintaining it. The applicable sections of the California Government Code are found at §§38773 through 38773.5. The city may establish procedures by ordinance for recovery of abatement and related administrative costs by a nuisance abatement lien on the real property.
However, that remedy is not currently provided by the nuisance abatement procedures now part of the Municipal Code which provide for collection of costs incurred by the city in abatement actions through a special municipal assessment collected on the tax roll. Upon adoption, the attached Ordinance provides for:
● Expansion of operative definitions of what constitutes a nuisance; ● Enumeration of what constitutes abatement costs;
● Continuation of emergency abatement for an immediate threat to public health, safety or welfare;
● Provisions for non-owner-occupied properties;
● Provision for violations of building codes life-safety regulations; ● Provision for issuance and recording of notices of violation, notices to abate, post- deprivation notices, stop work notices and notices of refusal to issue permits. An administrative hearing officer may be delegated to conduct appeals, with the City Council having the ability to review de novo the decision of the hearing officer; ● Provisions for alternate procedures to recover abatement costs by a special assessment on the tax roll or through a lien on the real property that is the site of the violation; ● Provision for the successor in interest to the owner to be required to sign a statement accepting responsibility for the abatement of a violation existing at the time of sal. ● Provision for civil penalties up to the maximums allowed by law.
Item#: 9.F
City Council Meeting
September 19, 2023
Page | 3 www.san-juan-bautista.ca.us
The attached ordinance is submitted for purposes of second reading and adoption, to take effect 30 days following adoption.
CEQA
Exempt per CEQA Guideline 15061(B)(3)
ATTACHMENTS:
Ordinance
Exhibit A, Article 4. Public Nuisance Abatement Procedures and Remedies Public Hearing Notice
Page | 1
ORDINANCE NO. 2023-XX
AN ORDINANCE OF THE CITY OF SAN JUAN BAUTISTA DETERMINING THIS
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND REVISING TITLE 13 “VIOLATIONS” OF
THE SAN JUAN BAUTISTA MUNICIPAL CODE BY REPEALING AND REPLACING ARTICLE 4 “NOTICED ABATEMENT PROCEDURE” AND ARTICLE 5
“EMERGENCY NUISANCE ABATEMENT PROCEDURE” OF CHAPTER 13.1 “ENFORCEMENT” BY ADOPTION OF AN ORDINANCE ENTITLED
“ALTERNATIVE PUBLIC NUISANCE ABATEMENT PROCEDURES AND
REMEDIES”
WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, triggers local police powers and under existing law public agencies can address public nuisance within their jurisdictions; and
WHEREAS, the City Council may provide by ordinance for the abatement of any public nuisance at the expense of the person maintaining same by establishing local administrative procedures; and
WHEREAS, the City of San Juan Bautista previously adopted local administrative provisions, codified as Article 4 (“Noticed Nuisance Abatement Procedure”) of Chapter 13.1 (“Enforcement”) of Title 13 (“Violations”) of the San Juan Bautista Municipal Code and Article 5 (“Emergency Nuisance Abatement Procedure”) of Chapter 13.1 of Title 1 of the San Juan Bautista Municipal Code; and
WHEREAS, the City Council reviewed and evaluated at a public meeting the recommended regulations and standards for the abatement of public nuisance as attached hereto as “Exhibit A”; and
WHEREAS, the City Council, in an effort to streamline the regulations for the abatement of public nuisance and to improve on existing processes and procedures provided now by the San Juan Bautista Municipal Code, has determined to repeal and replace Article 4 of Chapter 13.1 “Enforcement” of Title 13 “Violations” of the San Juan Bautista Municipal Code with “Exhibit A,” consisting of 21 pages, entitled “Alternative Public Nuisance Abatement Procedures and Remedies”; and
WHEREAS, as “Exhibit A” includes authority for summary abatement of any nuisance constituting an immediate threat to public health, safety, and/or welfare, in an effort to streamline the regulations for the abatement of public nuisance and to improve on existing processes and procedures in the Municipal Code, the City Council has determined to repeal and not replace Article 5 “Emergency Nuisance Abatement Procedure” of Chapter 13.1 “Enforcement” of Title 13 “Violations” of the San Juan Bautista Municipal Code; and Page | 2
WHEREAS, on August 4, 2023, a Notice of Public Meeting for this matter was posted in three locations in the city designated by the City Council for posting of notices within the City; and
WHEREAS, on August 15, 2023, the City Council held a duly noticed public hearing on amendment of Title 13 of the Municipal Code at which time the City Council reviewed and considered the agenda report, reviewed and considered written correspondence from the public, testimony and other information in the record; and
WHEREAS, the City Council finds that establishing regulations, processes and procedures for the abatement of public nuisance is necessary for the health, safety and general welfare of the residents of the City.
THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA DOES
HEREBY ORDAIN AS FOLLOWS:
1. Environmental Determination. The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(B)(3) based on the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The proposed Ordinance would increase the ability of the City to assure code compliance within the City and would not have any potential for creation of a significant environmental impact.
2. Article 4 of Chapter 13.1 of Title 13 Repealed and Replaced. Article 4 of Chapter 13.1 of Title 13 of the San Juan Bautista Municipal Code entitled “Noticed Nuisance Abatement Procedure” is hereby repealed in its entirety and replaced in the San Juan Bautista Municipal Code as set forth on the attached twenty-one (21) pages, Marked “Exhibit A” entitled “Article 4 Alternative Public Nuisance Abatement Procedures and Remedies” and incorporated herein by this reference thereto.
3. Article 5 of Chapter 13.1 of Title 13 Repealed and Not Replaced Article 5 of Chapter
13.1 of Title 13 of the San Juan Bautista Municipal Code entitled “Emergency Nuisance Abatement Procedure” is hereby repealed in its entirety and not replaced.
4. Effective Date. This Ordinance shall be in full force and effect 30 days after its final passage and adoption.
5. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.
6. Posting of Ordinance. Within fifteen (15) days after the passage of this ordinance, the City Clerk shall cause it to be posted on the internet and in the public places designated by resolution of the City Council.
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The foregoing ordinance was introduced at a regular meeting of the City Council of the City of San Juan Bautista duly held on August 15, 2023, and was passed and adopted at a regular meeting duly held on September 19, 2023.
PASSED AND ADOPTED by the San Juan Bautista City Council on the 19th day of September 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
APPROVED AS TO FORM:
_______________________
City Attorney
1 EXHIBIT A
Article 4. Alternative Public Nuisance
Abatement Procedures and Remedies
Section
13-1-400 Purpose, effect, authority, and policy
13-1-410 Definitions
13-1-420 Conditions creating public nuisance
13-1-430 Nuisance abatement authority
13-1-440 No duty to enforce
13-1-450 Duty of owners and occupants; no unlawful activity permitted 13-1-460 Administrative civil remedies
13-1-470 Notices
13-1-480 Service of notices
13-1-490 Recordation of notices
13-1-500 Administrative hearing
13-1-510 Enforcement of abatement order
13-1-520 Liability for abatement costs and/or administrative penalties; interest 13-1-530 Lien hearing
13-1-540 Alternative lien hearing procedure
13-1-550 Enforcement by civil action
13-1-560 Refusal to issue permits
13-1-570 Transfer of title, interest, or possession
13-1-580 Remedies cumulative
13-1-590 Severability
13-1-400 Purpose Effect, Authority, and Policy.
(A) It is the intent of the City Council of the City of San Juan Bautista in adopting this article to provide alternative procedures that govern the identification and abatement of public nuisances, as well as, the imposition, enforcement, collection, and administrative review of administrative penalties for violation of the San Juan Bautista Municipal Code and/or State laws within the City of San Juan Bautista. 2 (B) The provisions of this chapter are supplementary to and cumulative with all other remedies provided in the San Juan Bautista Municipal Code and applicable state and federal law. Nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of San Juan Bautista or any other authorized governmental entity to enforce city ordinances, abate any and all nuisances, or employ any remedy otherwise available at law or in equity. (C) Pursuant to the authority granted by Article XI, Section 7 of the California Constitution, and Cal. Gov't Code, §§ 38773.1 and 53069.4, the City Council does enact this article, which shall be known and may be cited as the "Alternative Public Nuisance Abatement Procedures and Remedies."
(D) It is the policy of the City of San Juan Bautista to seek voluntary compliance with these provisions, but to provide an effective means of enforcement if such compliance is not obtained.
13-1-410 Definitions.
The following definitions shall apply to this chapter as written unless context indicates or requires a different meaning.
Abatement. The removal of the condition(s) constituting a nuisance as identified in the notice issued by the enforcing officer.
Abatement Costs. Any costs or expenses, including city staff time reasonably related to the abatement of a public nuisance under this chapter, and shall include, but shall not be limited to, enforcement, investigation, summaries, reports, notices, telephonic contact, correspondence, mailing expense, title search costs, administrative costs, including the total direct and indirect costs of enforcement established by generally accepted accounting principles that are reasonably and necessarily incurred by the city to investigate, inspect, or cure any violation or monitor the recurrence of any violation that is the subject of a notice issued by the enforcing officer, including, but not limited to, scheduling and participation at hearings, hearing officer costs, expenses incurred by the city, and any other costs associated with the removal, abatement or correction of a violation.
City. The City of San Juan Bautista.
City Hearing Officer. A person designated by the City Manager and appointed to the position of Hearing Officer, established by San Juan Bautista Municipal 2-7-130 (C) and who is independently authorized to conduct administrative hearings and issue recommended decisions pursuant to and as authorized by the San Juan Bautista Municipal Code.
Contiguous. Any two legal parcels which share a mutual boundary. Notwithstanding the foregoing, legal parcels shall be considered contiguous, even if they are separated by roads, streets, utility easements or railroad rights-of-way.
Enforcing Officer or Code Enforcement Officer. The City of San Juan Bautista Code Enforcement Officer, Building Official, Building Inspector, Fire Chief, or their authorized deputies or designee(s). each of whom is independently authorized to 3 enforce this chapter, together with those persons designated by Section 2-7-105 (C) of the San Juan Bautista Municipal Code.
Legal Parcel. Any parcel of real property for which one legal title exists that may be separately sold in compliance with the Subdivision Map Act (commencing with Cal.
Gov't Code § 66410, Title 7, Div. 2). Where contiguous Legal Parcels are under common ownership or control, such Legal Parcels shall be counted as a single premises for purposes of this article.
Premises. A single, legal parcel of real property. In addition, where contiguous legal parcels are under common ownership or control, such contiguous legal parcels shall be counted as a single Premises for purposes of this article.
Responsible Party. An individual or legal entity, or the agent or legal guardian of such individual or entity, whose action or failure to act results in a violation. This term specifically means and includes, but is not limited to, any of the following:
(1) Any person or entity that causes, maintains, permits, or allows a violation of this article;
(2) Any person or entity that owns, possesses, or controls any parcel of real property in the city upon which a violation of this article is maintained; (3) Any trustee of any trust that holds legal title to any parcel of real property in the city upon which a violation of this article is maintained; (4) Any person or entity that owns, possesses, operates, manages, or controls any business within the city that is responsible for causing or maintaining a violation of this article.
13-1-420 Conditions Creating Public Nuisance.
(A) Without limiting any other provision of this code, any and all of the following are hereby declared unlawful and a public nuisance and a violation of this code:
(1) Any condition, act, or omission declared by any statute of the State of California or any provision of this code to be a public nuisance;
(2) Any public nuisance known or recognized in common law or equity; (3) Any condition that constitutes a nuisance as defined in Cal. Civil Code § 3479; (4) Any use or condition of property that:
(a) Poses a danger to human life; or
(b) Is unsafe or detrimental to the public health, safety, or welfare. (5) Any use of land, buildings, or premises established, operated, or maintained contrary to the provisions of any provision of this code or state law; (6) Any real property that has been the situs for nuisance activity and/or violations of any provision of this code or any other state or federal law or regulation, including, but not limited to: disturbing the peace, unreasonably loud noise, loitering, harassment 4 of passersby, illegal gambling, prostitution, sale of stolen goods, acts of violence, acts of vandalism, acts of lewd conduct, public urination, illegal drug activity, public drunkenness, drinking alcoholic beverages in public, or excessive littering. (7) Any condition that constitutes a visual blight to a reasonable person of average sensibilities. For purposes of this chapter, visual blight is any unreasonable or unlawful condition or use of real property, premises, or building exteriors which by reason of its appearance as viewed at ground level from the public right-of-way or from neighboring premises, is detrimental to the property of others or to the value of property of others, offensive to the senses, or significantly degrades the aesthetic appearance of the neighborhood. Visual blight may include, but is not limited to, the keeping, storing, depositing, scattering over or accumulation on the premises any of the following:
(a) Junk, trash, debris, scrap metal, wood, rubbish, or packing materials, including, but not limited to, building, construction, salvage, and/or recyclable material; (b) Abandoned, discarded or unused objects or equipment, such as furniture, stoves, appliances, refrigerators, freezers, or other household fixtures, cans or containers, or automotive parts and equipment;
(c) Abandoned, wrecked, disabled, dismantled or inoperative vehicles or parts thereof except inoperative vehicles that are not abandoned, are either registered or are certified pursuant to Cal. Vehicle Code § 4604 and are in an active state of renovation or restoration, or are maintained and stored in accordance with Cal. Vehicle Code § 5052;
(d) Stagnant water or abandoned excavations;
(e) The existence of overgrown, dead, decayed, diseased or hazardous trees, and other vegetation, including but not limited to dead agricultural groves which are:
1. Likely to attract rodents, vermin or other nuisances;
2. Constitutes a fire hazard; or
3. Is dangerous to the public safety and welfare.
(f) Any personal property, object, device, decoration, design, fence, structure or clothesline which is unsightly by reason of its condition or its inappropriate location. (8) Any condition that constitutes an attractive nuisance; those dangerous objects or conditions that, by their nature may attract children or other curious individuals, including, but not limited to, unprotected hazardous or unfilled pools, ponds, ice boxes, refrigerators, freezers, abandoned wells, shafts, septic tanks, or other excavations. (9) Continuation of any use or activity on any property after a stop work notice has been issued by an enforcing officer.
(B) Acts, omissions, or conditions in violation of this chapter that continue, exist, or occur on more than one calendar day constitute separate violations on each day.
Violations continuing, existing, or occurring on the service date, the effective date, and each day between the service date and the effective date are separate violations. For 5 each day the nuisance continues to exist, a separate administrative penalty shall be imposed.
(C) The City Council of the City of San Juan Bautista finds that certain conditions as defined in this section cause annoyance, inconvenience or damage to the public with respect to the public's comfort, health, safety, welfare and enjoyment of property. It is the purpose and intent of the City Council to define and proscribe those conditions which are injurious to the public and which constitute a public nuisance, having carefully weighed the interests of the public against the interests of private property owners and possessors in the free use of their property.
13-1-430 Nuisance Abatement Authority.
(A) Whenever necessary to investigate and ascertain, and/or to abate any violation of the provisions of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this chapter, the enforcing officer may enter onto any premises or into any building upon presentation of proper credentials to the owner and/or the occupant thereof. Notwithstanding the foregoing, the enforcing officer may enter onto any premises or into any building under authority of a warrant issued pursuant to Cal.
Code of Civil Procedure §§ 1822.50 et seq. All costs incurred by the city in seeking and obtaining an inspection and/or abatement warrant may be recoverable as abatement costs.
(B) Upon discovering a public nuisance as defined in this chapter, the enforcing officer may do any one or more of the following:
(1) Issue a notice of violation, and record the notice of violation; (2) Issue a notice to abate a public nuisance, record the notice to abate, and abate the public nuisance;
(3) Impose, determine, and collect an administrative civil penalty; (4) Issue a stop work order requiring immediate cessation of the use or activity in accordance with this chapter;
(5) Seek relief from any court to abate the nuisance and/or collect civil penalties and abatement costs through the Office of the City Attorney, without first going through the administrative procedures set forth in this chapter; or (6) Notwithstanding any other provision of this chapter, when any nuisance described in §13-1-420 constitutes an immediate threat to public health, safety, and/or welfare, and when the procedures set forth in this chapter would not result in abatement of that nuisance within a short enough time period to avoid that threat, the enforcing officer may direct any officer or employee of the city to summarily abate the nuisance.
The enforcing officer shall make reasonable efforts to notify the responsible parties, but the formal notice and hearing procedures in this chapter shall not apply; however, the enforcing officer shall issue a post-deprivation notice to the responsible parties. The city may nevertheless recover all its costs for abating that nuisance in the manner set forth in this article.
6 13-1-440 No Duty to Enforce.
Nothing in this chapter shall be construed as imposing on the enforcing officer or the City of San Juan Bautista any duty to issue any notice hereunder, nor to abate any nuisance, nor to take any other action with regard to any nuisance. Neither the enforcing officer nor the City of San Juan Bautista shall be liable for failure to issue any notice hereunder, nor for failure to abate any nuisance, nor for failure to take any other action with regard to any nuisance.
13-1-450 Duty of Owners and Occupants; No Unlawful Activity Permitted.
No person or entity owning, leasing, occupying or having charge or possession of any premises within the incorporated area of the City of San Juan Bautista shall cause, permit, maintain, conduct or otherwise suffer or allow a public nuisance to exist. It shall be the duty of every owner, occupant, and person that controls any land or interest therein within the incorporated area of the City of San Juan Bautista to remove, abate, and prevent the reoccurrence of the public nuisance upon such land. Such duty of an owner shall exist regardless of whether the owner is in actual possession of his or her real property, and may include an obligation to take action to evict or otherwise remove an occupier who creates a public nuisance upon the owner's property. Nothing in this chapter shall be deemed to authorize or permit any activity that violates any provision of state or federal law.
13-1-460 Administrative Civil Remedies.
(A) In addition to any other remedy or penalty prescribed in this chapter, each day any nuisance violation exists shall be a separate violation and may be subject to an administrative civil penalty assessed pursuant to California Government Code § 36900, as presently written or hereafter amended, in the following amounts or as hereafter amended:
(1) Up to $100 per day, or part thereof, for the first violation. (2) Up to $200 per day, or part thereof, for a second violation of the same ordinance within one year;
(3) Up to $500 per day, or part thereof, for each additional violation of the same ordinance within one year of the first violation;
(4) Notwithstanding divisions (A)(1) through (A)(3), any nuisance resulting from a violation of local building and safety codes may be subject to an administrative penalty of up to $130 per day, or part thereof, for the first violation, up to $700 per day, or part thereof, for a second violation of the same ordinance within one year, and up to $1,300 per day, or part thereof, for each additional violation of the same ordinance within one year of the first violation;
(5) Notwithstanding any other provision of this code, any violation of Chapter 5-31, Cannabis Facilities Regulatory Permit, shall constitute a misdemeanor and shall be subject to an administrative penalty of up to $1,000 per day, or part thereof; 7 (6) Notwithstanding any other part of this article, any violation of building, plumbing, electrical, or other similar structural, health and safety, or zoning requirements, if the violation exists as a result of, or to facilitate, the illegal cultivation, manufacture, or distribution of cannabis, shall be subject to immediate fines of $1,000 per day, per violation. However, a reasonable period of time to remedy the violation(s) shall be provided prior to the imposition of such fine if the responsible party proves all of the following are true at a hearing:
(a) A tenant is in possession of the property that is the subject of the administrative action;
(b) The rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation, manufacture, or distribution of cannabis; and (c) The rental property owner or agent did not know the tenant was illegally cultivating, manufacturing, or distributing cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(7) Notwithstanding any other part of this code, any violation of a stop work notice shall be subject to an immediate fine of $1,000 per day. (8) Civil penalties, excluding interest, shall not exceed the amounts set forth in the California Government Code.
(9) The assessment of civil penalties may begin to accrue on the date of initial occurrence of the violation, as identified by the city of San Juan Bautista. (10) Payment of the penalty shall not excuse a failure to correct the violation nor shall it bar further enforcement action by the city.
(11) The failure of any person to pay a penalty assessed by administrative citation within the time specified on the citation shall result in the assessment of a late fee. The amount of the late fee shall be fifth percent (50%) of the total amount of the administrative penalty owed.
(12) A civil penalty assessed by administrative citation constitutes a debt to the city.
In the event any person fails to pay a civil penalty within the time specified, the city may take such action as is appropriate to collect the debt, including but not limited to an action in small claims court, an assessment lien, or any other legal remedy. (B) In determining the amount of the administrative penalty, the enforcing officer, or the court if the violation requires court enforcement without an administrative process, shall take into consideration the nature, circumstances, duration, extent, and gravity of the violation(s), any prior history of violations, the degree of culpability, economic impact, impact of the nuisance upon the community, and any other factors as justice may require.
(C) The administrative penalty may be imposed via the administrative processes set forth in this chapter, as provided in Cal. Gov't Code § 53069.4, or may be imposed by the court if the violation requires court enforcement without an administrative process. 8 (D) In the case of a continuing violation, if the violation does not create an immediate danger to health or safety, or is not subject to immediate fines as set forth herein, the enforcing officer or the court shall provide for a reasonable period of time, not to exceed ten calendar days, for the person responsible for the violation to correct or otherwise remedy the violation prior to the imposition of administrative penalties. 13-1-470 Notices.
Whenever the enforcing officer determines that a public nuisance as described in this chapter exists on any real property within the incorporated area of the City of San Juan Bautista, he or she is authorized to issue any of the following notices in accordance with this chapter:
(A) Notice of violation (“NOV”). The notice of violation shall be in writing and shall:
(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the Sn Benito County Assessor, and occupant(s), if other than the owner(s), and if known or reasonably identifiable (collectively, the "recipients");
(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;
(3) Identify such property by reference to the assessor's parcel number; (4) Contain a statement that one or more conditions described in §13-1-420 exist on the premises and that it has been determined by the enforcing officer to be a public nuisance as described in this chapter. The statement required under this paragraph shall describe the nuisance conditions with reference to applicable provisions of this code and/or state law upon which the enforcing officer based his or her determination; (5) Contain a statement that the recipient(s) must abate the nuisance within ten calendar days after the date that the notice of violation was served, describe the action(s) required to abate the nuisance, and set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed if the conditions are not abated within the time stated;
(6) Contain a statement that unless the recipient(s) voluntarily abate the nuisance within the time specified in division (A)(5) of this section, that the enforcing officer may issue additional notices in accordance with this chapter, and may further record the notice of violation on the subject property with the San Benito County Recorder's Office; (7) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the notice of violation constitute a public nuisance by submitting a written request to the enforcing officer no later than seven calendar days of the date of the notice of violation. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the 9 recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.
(B) Notice to abate a public nuisance ("notice to abate"). The notice to abate a public nuisance shall be in writing and shall:
(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the County Assessor, and occupant(s), if other than the owner(s), and if known or reasonably identifiable (collectively, the "recipients");
(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;
(3) Identify such property by reference to the assessor's parcel number; (4) Contain a statement that one or more conditions described in §13-1-420 exist on the premises and that it has been determined by the enforcing officer to be a public nuisance as described in this chapter. The statement required under this paragraph shall describe the nuisance conditions with reference to applicable provisions of this code and/or state law upon which the enforcing officer based his or her determination; (5) Contain a statement that the recipient(s) must abate the nuisance within ten calendar days after the date that the notice of abate was served, describe the action(s) required to abate the nuisance, set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed if the conditions are not abated within the time stated, and the enforcing officer's intent to record a Notice of Pending Nuisance Abatement Proceeding with the San Benito County Recorder in accordance with §13-1- 490.
(6) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the notice of abate constitute a public nuisance by submitting a written request to the enforcing officer no later than seven calendar days of the date of the notice of abate. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.
(7) Contain a statement that, unless the recipient(s) timely abate the nuisance, or show good cause before the City Hearing Officer why the conditions should not be abated, the enforcing officer will abate the nuisance. It shall also state that the abatement costs, including administrative costs, may be made a special assessment added to the county assessment roll and/or become a lien on the real property, or be placed on the unsecured tax roll in accordance with this chapter. (C) Post-deprivation notice. The post-deprivation notice shall be in writing and shall:
10 (1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), if known or reasonably identifiable (collectively, the "recipients");
(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;
(3) Identify such property by reference to the assessor's parcel number; (4) Contain a statement that one or more conditions described in §13-1- 420 existed on the premises and that it was determined by the enforcing officer to be a public nuisance as described in this article. The statement required under this paragraph shall describe the nuisance conditions with reference to applicable provisions of this code and/or state law upon which the enforcing officer based his or her determination, and set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed;
(5) That the enforcing officer summarily abated the nuisance existing on the premises after it was deemed that other administrative procedures would not result in abatement of the nuisance, which constituted an immediate threat to public health, safety, and/or welfare, within a short enough period of time to avoid said threat; (6) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the notice of abate constituted a public nuisance by submitting a written request to the enforcing officer no later than seven calendar days of the date of the notice of abate. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.
(D) Stop work notice. The stop work notice shall be in writing and shall:
(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), if known or reasonably identifiable (collectively, the "recipients");
(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;
(3) Identify such property by reference to the assessor's parcel number; (4) Contain a statement that one or more conditions described in §13-1-420 exist on the premises and that it has been determined by the enforcing officer to be a public nuisance as described in this article. The statement required under this paragraph shall 11 describe the nuisance conditions with reference to applicable provisions of this code and/or state law upon which the enforcing officer based his or her determination; (5) Contain a statement that the enforcing officer has ordered the immediate cessation of any use or activity constituting a public nuisance, and set forth the proposed amount of any administrative penalty (per violation, per day) to be imposed if the conditions are not abated within the time stated;
(6) Contain a statement that it is unlawful and a violation of this code for any person to resume any use or activity that the enforcing officer ordered to be stopped, unless the enforcing officer has expressly authorized the recipient(s) to resume the use or activity based upon the recipient(s) written agreement to take corrective action to abate the nuisance;
(7) Contain a statement that the recipient(s) may request an administrative hearing to determine whether the conditions identified in the stop work notice constitute a public nuisance by submitting a written request to the enforcing officer no later than seven calendar days of the date of the stop work notice. This written request must identify the recipient(s), provide the recipient(s) contact information, and set forth the reason(s) the hearing is requested. If any responsible party properly requests a hearing, they shall be notified when the matter has been set for hearing. Failure of the recipient(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies.
(8) Contain a statement that the timely submission of a request for hearing shall not permit the resumption of the use or activity that the enforcing officer ordered to be ceased.
(E) Notice of refusal to issue permits ("refusal to issue"). The refusal to issue shall be in writing and shall:
(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), and if known or reasonably identifiable (collectively, the "recipients");
(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;
(3) Identify such property by reference to the assessor's parcel number; (4) Contain a statement that one or more conditions described in §13-1-420 exist on the premises and that it has been determined by the enforcing officer to be a public nuisance as described in this chapter. The statement required under this paragraph shall describe the nuisance conditions with reference to applicable provisions of this code and/or state law upon which the enforcing officer based his or her determination. (5) (a) If the applicant disagrees with the determination that a violation exists, he or she may request a hearing in accordance with §13-1-500 within 30 calendar days 12 after issuance of the refusal to issue. A written request for hearing shall be submitted to the City Manager.
(b) If any applicant requests a hearing in accordance with this subdivision, they shall be notified in accordance with §13-1-480, when the matter has been set for hearing. Failure of the applicant(s) to appear at the scheduled hearing and present evidence shall constitute a failure to exhaust administrative remedies. (F) Invoice for abatement costs and/or administrative penalties ("invoice"). The invoice shall be in writing and shall:
(1) Identify the responsible parties, including owner(s) of the property upon which the nuisance exists, as named in the records of the San Benito County Assessor, and occupant(s), if other than the owner(s), if known or reasonably identifiable (collectively, the "recipients");
(2) Describe the location of such property by its commonly used street address, giving the name or number of the street, road or highway and the number, if any, of the property;
(3) Identify such property by reference to the assessor's parcel number; (4) Set forth the amount(s) due and owing for abatement costs, including administrative costs incurred by the county to abate the nuisance and/or administrative penalties imposed, including any interest which has accrued on any amount due under this article from the effective date of the City Council’s decision, as set forth in this article;
(3) A demand for payment of said costs, including accrued interest, to be paid within 30 calendar days after service of the invoice;
(4) If said amounts due and owing are not timely satisfied in full, a lien hearing may be held in accordance with §§13-1-530 and 13-1-540.
13-1-480 Service of Notices.
(A) Any notice issued by the enforcing officer in accordance with this chapter may be served in the following manner:
(1) By delivering it personally to the responsible parties. Service shall be deemed to have been completed upon personal delivery;
(2) By certified mail, addressed to:
(a) The owner at the address shown on the last equalized assessment roll or as otherwise known to the enforcing officer; and
(b) To anyone known to the enforcing officer to be in possession of the property at the street address of the property subject to the notice,if the property is capable of receiving mail. Service shall be deemed to have been completed upon the deposit of said notice, postage prepaid, in the United States mail. 13 (3) In the event that, after reasonable effort, the enforcing officer is unable to serve the notice as set forth above, service shall be accomplished by posting a copy of such notice conspicuously along the frontage of the real property subject to the notice, or if the property has no frontage, upon any street, highway, or road then upon the portion of the property nearest to a street, highway, or road, or most likely to give actual notice to the owner and any person known by the enforcing officer to be in possession of the property. Service shall be deemed to have been completed upon posting. (B) The failure to serve any person described in this section shall not affect the validity of service or the validity of any administrative penalties imposed pursuant to this chapter upon any other person.
(C) The failure of any responsible party to receive such notice shall not affect the validity of the proceedings.
(D) Notwithstanding the foregoing, with the consent of a responsible party, notices under this chapter may be provided by electronic mail (e-mail) or any other means reasonably calculated to provide notice.
13-1-490 Recordation of Notices.
(A) Notice of pending nuisance abatement proceeding.
(1) Upon issuance of a notice to abate, the enforcing officer may record a notice of pending nuisance abatement proceeding with the San Benito County Recorder and shall notify the responsible parties of such action. A notice of pending nuisance abatement proceeding shall describe the premises and the condition in violation of this chapter.
(2) If a notice of pending nuisance abatement proceeding is recorded, the enforcing officer shall serve and record a notice of final disposition when the nuisance abatement proceeding has been completed, including any appeals and the completion of any work necessary to abate the nuisance.
(B) Notice of final disposition. If the work to abate the nuisance is performed at city expense, the notice of final disposition need not be issued until those costs have been paid or a lien for those costs has been recorded in accordance with §§13-1-530 and 13- 1-540. A fee shall be paid by the responsible parties for processing the notice of final disposition. The notice of final disposition shall be served upon any party that was served with the notice and order.
(C) Notice of non-compliance.
(1) The enforcing officer may record a notice of non-compliance with the San Benito County Recorder on the property which is the subject of a notice under this chapter if:
(a) The time limit for abatement expires and abatement has not occurred; (b) A use or activity continues after issuance of a stop work notice; or (c) If a hearing is held, after the city hearing officer has determined responsibility. 14 (2) The notice of non-compliance filed with the San Benito County Recorder shall include a copy of the applicable notice as an attachment. (D) Notice of compliance.
(1) Upon completion of all work to abate a nuisance, including securing of permits where required, and payment of all abatement costs and/or administrative penalties imposed pursuant to this chapter, the enforcing officer may record a notice of compliance with the San Benito County Recorder and shall notify the owner(s) of such action.
(E) Notice of pendency.
(1) Whenever the city institutes a judicial action or proceeding to enforce a land use ordinance, a notice of pendency of the action or proceeding may be filed with the San Benito County Recorder's Office. The notice of pendency may be filed at the time of the commencement of the action or proceeding and upon recordation of the notice of pendency, shall have the same effect as a notice recorded in compliance with the Cal.
Code of Civil Procedure, §§ 405.20 et seq., as amended. (2) Upon motion of a party to the judicial action or proceeding, the notice of pendency may be vacated upon an appropriate showing of need therefore by an order of a judge of the court in which the action or proceeding is pending. 13-1-500 Administrative Hearing.
(A) If the enforcing officer determines that all violations have been timely corrected, the enforcing officer may clear the notice and no hearing shall be required. (B) The City Council may delegate its authority to conduct the administrative proceedings set forth in this section to the City Hearing Officer appointed by the City Manager pursuant to §2-7-130(C) of the San Juan Bautista Municipal Code, as amended. The Hearing Officer shall have full authority and duty to preside over hearings in the manner set forth in §2-7-140 of the San Juan Bautista Municipal Code. (C) Administrative hearing and recommended decision. Pursuant to California law_, and §2-7-140 of the San Juan Bautista Municipal Code, the City Hearing Officer shall hold an administrative hearing as follows:
(1) A hearing shall be held within 30 days of the city's receipt of a written request for an administrative hearing, unless the parties agree otherwise, and the city shall provide notice of the time, date, and location of the hearing. Hearings may be held virtually at the election of the city.
(2) At the hearing, the City Hearing Officer shall determine:
(a) With respect to a notice of violation:
1. Whether the conditions existing on the property constitute a nuisance under this chapter;
15 2. Whether to impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and
3. Whether the enforcing officer may record any notices. (b) With respect to a notice to abate:
1. Whether the conditions existing on the property constitute a nuisance under this article;
2. Whether there is any other good cause why those conditions should not be abated;
3. Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and
4. Whether the hearing officer should permit the enforcing officer to record any notices.
(c) With respect to post-deprivation notices:
1. Whether the conditions existing on the property constitute a nuisance under this chapter;
2. Whether the conditions existing on the property constituted an immediate threat the public health, safety, and/or welfare such that the alternative procedures set forth in this chapter would not have resulted in abatement of the nuisance within a short enough period of time to avoid said threat;
3. Whether the Hearing Officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties; and
4. Whether the means of abatement were reasonable.
(d) With respect to stop work notices.
1. Whether the conditions existing on the property constitute a nuisance under this article;
2. Whether the hearing officer should impose, modify, or disapprove, in whole or in part, any proposed administrative penalties.
(e) With respect to a notice of refusal to issue permits:
1. Whether the conditions existing on the property constitute a nuisance under this chapter.
(3) At the hearing, the responsible parties shall be given an opportunity to present and elicit testimony and other relevant evidence. Failure of the responsible parties to appear and present evidence at the hearing shall be deemed a withdrawal of the request for hearing or a waiver of the right to be personally present at the hearing, and shall constitute a failure to exhaust administrative remedies. 16 (4) In the event that the responsible parties do not appear and present evidence at the hearing, the City Hearing Officer may base its recommended decision solely upon the evidence submitted by the enforcing officer.
(5) Any hearing conducted pursuant to this article need not be conducted according to technical rules relating to evidence, witnesses and hearsay. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. The City Hearing Officer has discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time.
(6) The standard of proof shall be by a preponderance of the evidence and the burden of proof to establish the existence of the nuisance shall be borne by the enforcing official. The burden of proof that the nuisance has been abated shall be borne by the responsible parties.
(7) The City Hearing Officer may continue the hearing from time to time. Prior to a scheduled hearing, the enforcing officer or the responsible parties may submit a written request for continuance to the city hearing officer. The City Hearing Officer shall issue his or her determination by any means likely to provide notice to the parties at the soonest time possible. In the event the request for continuance is granted, the city hearing officer shall also provide the date and time for the rescheduled hearing. (8) The City Hearing Officer shall consider the matter de novo. (9) After the hearing, the City Hearing Officer shall issue a recommended decision in the form of a resolution which shall be served in any manner agreed upon by the parties. If no manner is agreed upon, then service shall be by first class mail, postage prepaid, to, or personally served upon, all parties appearing at the hearing and any other parties upon whom the notice was served.
(D) The City Council shall review the following for all recommended decisions from the City Hearing Officer as follows:
(1) The city manager shall promptly present the recommended decision to the City Council. The City Council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the City Council. (2) In the event that the City Council sets the matter for de novo hearing, such hearing shall be held in accordance with the provisions of this section. (3) The decision of the City Council shall become effective upon issuance thereof and shall be served by first class mail, postage prepaid, or personally served upon, all parties appearing at the hearing and any other parties upon whom the notice was served. Service shall be deemed to have been completed upon personal service and/or the deposit of said decision, postage prepaid, in the United States mail. (4) The decision of the City Council shall be final and conclusive. 17 13-1-510 Enforcement of Abatement Order.
(A) Any responsible party may abate the nuisance or cause it to be abated at any time prior to commencement of abatement by, or at the direction of, the enforcing officer. Such abatement by any responsible party shall not impair the enforcing officer's ability to impose any administrative penalty accrued prior to such abatement. (B) Notwithstanding the foregoing, whenever the enforcing officer becomes aware that a responsible party has failed to abate any nuisance within 14 calendar days of the date of service of the decision of the City Council requiring such abatement, or such other time specified by the City Council, the enforcing officer may enter upon the property and abate the nuisance by city personnel, or by private contractor under the direction of the enforcing officer. The enforcing officer may apply to a court of competent jurisdiction for a warrant authorizing entry upon the property for purposes of undertaking the work, if necessary. If any part of the work is to be accomplished by private contract, that contract shall be submitted to and approved by the City Manager or City Council, as applicable, prior to commencement of work. Nothing herein shall be construed to require that any private contract under this code be awarded through competitive bidding procedures where such procedures are not required by the general laws of the State of California.
(C) The costs of abatement and administrative costs for every abatement carried out under this section may be recovered in accordance with this chapter. 13-1-520 Liability for Abatement Costs and/or Administrative Penalties; Interest. (A) In any enforcement action brought pursuant to this chapter, whether by administrative proceedings, judicial proceedings, or summary abatement, each responsible party who causes, permits, suffers, or maintains the nuisance to exist shall be personally liable for:
(1) All costs incurred by the city, including, but not limited to, abatement costs, including administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible party to undertake, any abatement action in compliance with the requirements of this article, whether those costs are incurred prior to, during, or following enactment of this article. In addition, the prevailing party shall be entitled to a recovery of the reasonable attorneys' fees incurred. Recovery of attorneys' fees under this subdivision shall be limited to those actions or proceedings in which the city elects, at the initiation of that action or proceeding, to seek recovery of its own attorneys' fees.
In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding;
(2) Any administrative penalty imposed pursuant to this article. In the event that an administrative penalty is imposed pursuant to this article on two or more responsible parties for the same violation, all such responsible parties shall be jointly and severally liable for the full amount of the administrative penalty imposed. Payment of administrative penalties imposed pursuant to this article does not excuse or discharge any continuation or repeated occurrence of the violation. Payment of the administrative 18 penalty does not bar the city from taking any other enforcement action regarding a violation that is not corrected.
(B) Interest shall accrue on all amounts due under this article, from the effective date of the City Council’s' Decision, as set forth in §13-1-500, to the date paid pursuant to the laws applicable to civil money judgments.
(C) At such time as the information becomes known, the enforcing officer shall make a demand for abatement costs and/or accrued administrative penalty by issuing an invoice in accordance with §13-1-470 to the responsible parties. (D) Whenever the amount of abatement costs, including administrative costs, incurred by the city to abate the nuisance, or the amount of any administrative penalty imposed pursuant to this article has not been satisfied in full within 30 calendar days after service of the invoice, and/or has not been timely appealed to the Superior Court in accordance with Cal. Gov't Code § 53069.4(b), or if appealed, such appeal has been dismissed or denied, all or any part of, this obligation may constitute a lien against the real property on which the violation occurred in accordance with the procedures set forth in §§13-1-530 and 13-1-540.
(E) In addition to any other remedy, the city may prosecute a civil action through the City Attorney to collect any costs incurred to abate the nuisance and/or any administrative penalty imposed pursuant to this chapter. 13-1-530 Lien Hearing.
At such time as an invoice for abatement costs and/or administrative penalties due and has not timely been paid:
(A) The enforcing officer shall prepare and present a written report of abatement costs and/or administrative penalties ("report") to the City Council stating, as applicable:
(1) For each abatement carried out, an account of the abatement costs, including costs of administration; and/or
(2) For each accrued administrative penalty, the amount of delinquent administrative penalty.
(B) Upon receipt of the report, the city shall serve a written notice of a lien hearing regarding the report, along with a copy of the invoice upon the responsible parties. (C) At the time and date set for the lien hearing, the City Council shall meet to review and consider the report and any protests or objections to it, and determine whether the amounts owed shall be assessed against such parcel or otherwise attempted to be collected from the owner(s) of such parcel.
(D) At the conclusion of the lien hearing, the City Council may make such modifications in the report as it deems necessary and thereafter shall adopt a resolution confirming, modifying, or discharging the lien amount. As part of the resolution, the City Council may order that all or any part of the cost to abate the nuisance pursuant to this article, including the administrative costs, as confirmed by the City Council be placed upon the county tax roll by the San Benito County Auditor as special assessments 19 against the respective parcels of land, or placed on the unsecured roll, pursuant to Cal.
Gov't Code §38772.1; provided, however, that the abatement costs, including the cost of administration, as finally determined, shall not be placed on the tax roll if paid in full prior to entry of said costs on the tax roll.
(E) The liens provided herein shall have no force and effect until recorded with the San Benito County Recorder. The city may cause notices of abatement lien and/or notices of administrative penalty lien to be recorded against the respective parcels of real property pursuant to Cal. Gov't Code §38773.1. Upon recordation, the city shall serve, in the manner set forth in §13-1-480, a copy of the recorded notice(s). (F) Within 30 calendar days following the City Council’s adoption of a resolution imposing a lien, the city will file the judgment lien in the San Benito County Recorder's Office.
(G) Once recorded, any costs or penalties not specially assessed by the City Council pursuant to this section shall have the same force and effect and priority of a judgment lien governed by the provisions of Cal. Code of Civil Procedure § 697.340, and may be extended as provided in Cal. Code of Civil Procedure §§ 683.110 to 683.220, inclusive. (H) Interest shall accrue on the principal amount of any lien remaining unsatisfied pursuant to the law applicable to civil money judgments. (I) Once the city receives full payment for outstanding principal, penalties, and costs, the city will record a notice of satisfaction. A fee shall be paid by the responsible parties for processing the notice of satisfaction. This notice of satisfaction will cancel the city's lien under this section.
(J) The lien may be foreclosed and the real property sold, by the filing of a complaint for foreclosure in a court of competent jurisdiction, and the issuance of a judgment to foreclose. There shall be no right to trial by jury. The city shall be entitled to its attorneys' fees and costs.
13-1-540 Alternative Lien Hearing Procedure.
If a City Hearing Officer has been appointed in accordance with §2-7-130(C) of the code, the city hearing officer is authorized to conduct the hearing required under §13-1- 530 and shall prepare a recommended decision and resolution for the City Council pursuant to Cal. Gov't Code §§38773.1. The recommended decision and resolution shall include any proposed modifications to the report. The Hearing Officer shall promptly submit that recommendation and the administrative record to the city staff, who shall promptly present it to the City Council. The City Council may adopt the recommended decision and resolution without further notice of hearing, or may set the matter for a de novo hearing before the City Council. In the event that the City Council sets the matter for de novo hearing, such hearing shall be held in accordance with the provisions of §13-1-530.
13-1-550 Enforcement by Civil Action.
As an alternative to any other procedure set forth in this article, the city may abate any nuisance described in this chapter by the prosecution of a civil action through the City 20 Attorney, including an action for injunctive relief. The remedy of injunctive relief may take the form of a court order, enforceable through civil contempt proceedings, prohibiting the maintenance of the violation of this chapter or requiring compliance with other terms. In addition to any other remedy provided by law or equity, the court in such an action may appoint a receiver for the property upon which the violation is occurring, pursuant to Cal. Code of Civil Procedure, § 564, who shall be authorized to take such actions as may be necessary to remedy and remove the violation. 13-1-560 Refusal to Issue Permits.
(A) No department, commission or employee of the City of San Juan Bautista vested with the duty or authority to issue or approve permits, licenses or other entitlements shall do so when there is an outstanding violation, including, but not limited to, a failure to abate a nuisance as described in this article within 14 calendar days of the date of service of the decision of the City Council requiring abatement, or such other time specified by the City Council, involving the real property to which the pending application pertains.
(B) The authority to deny shall apply whether the applicant was the occupant or owner of record at the time of such violation or whether the applicant is either the current occupant or owner of record or a vendor of the current owner of record pursuant to a contract of sale of the real property, with or without actual or constructive knowledge of the violation at the time he or she acquired his or her interest in such real property.
(C) Upon recordation of Notice of violation or notice to abate, all departments, commissions, and/or employees shall refuse to issue permits, licenses, or entitlements involving the premises except those necessary to abate such violation. (D) Written notice of the refusal to issue identified in §13-1-470 shall be served upon the applicant in accordance with §13-1-480.
(E) The enforcing officer may waive the provisions of this section regarding refusal to issue if he or she determines such waiver to be required to allow necessary or desirable remedial, protective or preventative work.
13-1-570 Transfer of Title, Interest, or Possession.
(A) It shall be unlawful for the owner of any real property to sell, transfer, mortgage, lease, or otherwise dispose of any real property knowing there is a notice issued by the enforcing officer in accordance with §13-1-470 involving that real property until the violations are corrected or until such owner first furnishes the grantee, transferee, mortgagee, or lessee with a true copy of any such notice and shall furnish to the enforcing officer a signed and notarized statement from the grantee, transferee, mortgage, or lessee acknowledging the receipt of a true copy of such notice and fully accepting the responsibility without condition for making the corrections or repairs required by such documents or stating intentions to timely challenge such notice.
Failure to provide notice as required in this section is a misdemeanor. The transfer of ownership in violation of this section shall not abrogate the transfer. 21 (B) Upon transfer of any property with a violation on file indicating the property is unsafe, dangerous or otherwise not habitable, the new owner shall not occupy or use the property until the enforcing officer expressly authorizes such occupation or use. 13-1-580 Remedies Cumulative.
All remedies provided for herein are cumulative and not exclusive, and are in addition to any other remedy or penalty provided by law.
13-1-590 Severability.
If any section, subsection, sentence, clause, portion, or phrase of this article is for any reason held illegal, invalid, or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
The City Council hereby declares that it would have passed this article and each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared illegal, invalid or unconstitutional.
City of San Juan Bautista
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Bautista will hold a public hearing concerning the proposed adoption of an ordinance, which would revise title 13 “violations” of the San Juan Bautista municipal code by repealing and replacing article 4, entitled “noticed abatement procedure,” and article 5 entitled “emergency nuisance abatement procedure” of chapter 13.1 “enforcement” by adoption of an ordinance entitled “alternative public nuisance abatement procedures and remedies”; and repealing article 4, with the ordinances to go into effect on October 19, 2023.
Date of Hearing: Tuesday, September 19, 2023
Time of Hearing: 6:00 PM or as soon thereafter as possible Location of Hearing: City Council Chambers
311 2nd Street
San Juan Bautista, CA 95045
Purpose of the Proposed Ordinances: The City Council, in an effort to streamline the regulations for the abatement of public nuisance and to improve on existing processes and procedures provided now by the San Juan Bautista Municipal Code (“the Code”), has determined to repeal and replace Article 4 of Chapter 13.1 “Enforcement” of Title 13 “Violations” of the Code with “Exhibit A,” consisting of 21 pages, entitled “Alternative Public Nuisance Abatement Procedures and Remedies”.
The ordinance would revise title 13 “violations” of the Code by repealing and replacing article 4 “noticed abatement procedure” and article 5 “emergency nuisance abatement procedure” of chapter 13.1 “enforcement” by adoption of an ordinance entitled “alternative public nuisance abatement procedures and remedies.”
The ordinances were introduced on August 15, 2023, and will be considered for adoption on September 19, 2023, to be effective starting on October 19, 2023.
Invitation to be Heard: All interested persons are invited to the public hearing to be heard in favor or in opposition to the proposed action. In addition, written comments may be submitted to the City Clerk before the hearing. If you challenge the action taken on this proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this Notice, or written correspondence delivered to the City of San Juan Bautista prior to or at the public hearing.
Copies of the full text of the ordinance proposed for adoption, is on file at the office of the City Clerk and available for public inspection and review at the City Hall, 311 2nd Street, San Juan Bautista, CA 95045. For further information related to this subject, you may contact Mr. Don Reynolds, City Manager, City of San Juan Bautista, (831) 623-4661.
Elizabeth Soto
Deputy City Clerk