Agenda packet — San Juan Bautista City Council, October 17, 2023

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

CITY COUNCIL

REGULAR MEETING
TUESDAY, OCTOBER 17, 2023, 5:00 P.M.

HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA

ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.

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

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

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

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

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

Receive public communications from the audience on Closed session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section §54956.9 - One (1) potential case.

3. PROCLAMATION
A. 2023 Philanthropist of the Year
B. National Hispanic Heritage Month, September 15 – October 15, 2023

4. PRESENTATION
A. Hazel Hawkins Memorial Hospital Update
Page | 2 City Council October 17, 2023

5. INTRODUCTION
A. Introduction of Recreation Assistant Caitlin Brady.

6. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.

7. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
Receive Report from City Treasurer Michelle Sabathia
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council Announcements
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the general public.

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

8. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.

A. Approve the Affidavit of Posting Agenda.

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

C. Approve a RESOLUTION Authorizing a Street Closure for a Special Event.

D. Adopt 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.” (Second Reading) E. Approve a RESOLUTION changing the Location of the Public Art Installation at San Juan Bautista Library.

F. Authorize the City Manager to Reject the Claim of Kazuko Kurasaki and Kurt Kurasaki.

G. Approve the Minutes of the Regular Meeting of September 19, 2023.

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

A. Agreement with Flock Group, Inc. to Install and Operate a Citywide Security Camera System
Recommendation: Approve a RESOLUTION Authorizing the City Manager to Execute an Agreement with Flock Group, Inc. for the Lease of a Citywide Security Camera System.

B. Agreement with National Main Street Centers
Recommendation: Approve a RESOLUTION Authorizing the City Manager to Execute a Professional Services Agreement with National Main Street Center to Complete a Community Assessment and Transformation Strategy.

Page | 3 City Council October 17, 2023
C. Notice of Intention to Amend the General Plan by Accepting Urban Growth Boundary Ad Hoc Committee Recommended Sphere of Influence, Urban Growth Boundary, and Planning Area
Recommendation: Approve a Resolution Accepting the Urban Growth Boundary/Sphere of Influence Committee’s Recommendation; State the Intention to Amend the 2035 General Plan; and Direct the Urban Growth Boundary AdHoc Committee to work with San Benito County to establish a Planning Area and related Memorandum of Agreement/Understanding.

D. Fill a Vacancy on the Planning Commission / Historic Resources Board Recommendation: Receive feedback from the Ad-Hoc Committee, and direct the City Council to a) Re-direct the Ad-Hoc Committee to interview the candidates together; b) Appoint a new Ad-Hoc Committee; c) Consider re-opening the application process for one position on the Planning Commission/HRB.

10. DISCUSSION ITEMS
A. First Steps in Considering and Establishing a Golf Cart/Nev Transportation Plan in San Juan Bautista
B. Third Street Parklet Status
C. Status of Safety Consideration for State Highway 156 During Construction

11. ADJOURNMENT

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

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

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

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

PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.

Page | 4 City Council October 17, 2023

SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the Deputy City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting.

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

PUBLIC NOTIFICATION
This agenda was posted on Friday, October 13, 2023, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website. Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.

San Juan Bautista
California
~ 2023 Philanthropist of the Year, Heidi Balz ~
WHEREAS, Philanthropic organizations are responsible for enhancing the quality of life of people and voluntary associations that are formed to address societal needs are an integral part of American society; and
WHEREAS, in recognition of the role played by the uniquely American tradition of philanthropy, the City of San Juan Bautista would like to honor and nominate Heidi as the 2023 Philanthropist of the Year; and
WHEREAS, Heidi Balz is committed to serving the community by cleaning and refreshing the Community Corner with plants and maintenance, and updating, thematic seasonal displays; and
WHEREAS, Heidi takes the time to beautify the community by, removing unsightly signs and handbills that are taped to empty storefronts and stapled to historic buildings; and WHEREAS, Heidi updates and distributes the community event calendar promoting the City.

NOW, THEREFORE, we the San Juan Bautista City Council, do hereby recognize Heidi Balz for her commitment to the betterment of the community through random acts of kindness and urge all residents to support HEIDI BALZ as the “Philanthropist of the Year for 2023”.

Dated this 17 day of October 2023.
____________________
Leslie Q. Jordan, Mayor
____________________________ _______________________
John Freeman, Mayor Pro Tem Scott Freels, Councilmember ______________________________ _______________________
Jackie Morris-Lopez, Councilmember EJ Sabathia, Councilmember San Juan Bautista
California
~ National Hispanic Heritage Month, September 15-October 15, 2023 ~ WHEREAS, in the U.S. the Hispanic population reached 63.6 million in 2022, up from

50.5 million in 2010; and
WHEREAS, The more than 15 million Hispanics that call California home are foundational to California’s identity, success and future; and WHERAS, During Hispanic Heritage Month, the City of San Juan Bautista recognize the countless contributions of Hispanics to our city, county, state and nation throughout every chapter of our history, and their central role in our continued growth and prosperity; and WHEREAS, Each year, Americans observe National Hispanic Heritage Month from September 15 to October 15, by celebrating the histories, cultures and contributions of American residents whose ancestors came from Spain, Mexico, the Caribbean and Central and South America; and
WHEREAS, Hispanics are California’s largest ethnic group, with diverse roots throughout the Americas, Indigenous communities of Latin America and Africa, and beyond; and WHEREAS, Generations of Hispanics have helped shape our society, economy, culture and values since our state’s beginnings; and
WHEREAS, the City of San Juan Bautista knows that diversity is our strength, and that our city is better off when all of our communities have the opportunity to thrive.

NOW, THEREFORE, I, Mayor Jordan, on behalf of the San Juan Bautista City Council do herby proclaims SEPTEMBER 15-OTOBER 15, 2023 as “NATIONAL HISPANIC HERITAGE MONTH” and encourage residents to honor and celebrate the contributions of Hispanic communities to the San Juan Bautista story throughout the centuries and for generations to come.

Dated this 17 day of October 2023
________________________
Mayor Leslie Q. Jordan

SAN BENITO COUNTY

AGENDA ITEM

TRANSMITTAL FORM
Dom Zanger Kollin Kosmicki Mindy Sotelo Angela Curro Bea Gonzales District No. 1 District No. 2 District No. 3 District No. 4 District No. 5 Chair Vice-Chair
MEETING DATE: 10/24/2023
Item Number: 2.1
DEPARTMENT: BOARD OF SUPERVISORS
AGENDA ITEM PREPARER: Dulce Alonso
DEPT HEAD/DIRECTOR: Ray Espinosa
SUBJECT:

BOARD OF SUPERVISORS
Receive a report from ECG on Hazel Hawkins Memorial Hospital (HHMH) and an update on discussions with Salinas Valley Health, discuss the possibility of submission of a non-binding Letter of Intent (LOI) to HHMH in partnership with various stakeholders and direct consultants to present at external stakeholders meetings, and if desired, delegate authority to the County Administrative Officer to sign a LOI. SBC FILE NUMBER: 156
AGENDA SECTION:

REGULAR AGENDA
BACKGROUND/SUMMARY:

Hazel Hawkins Memorial Hospital (HHMH), established in 1907, is the only licensed general Acute Care Hospital Currently operating with Critical Access Hospital Designation in the County of San Benito. The San Benito Health Care District, formed in 1958, operates according to the Health and Safety Code, section 32000-32492. The District is governed by a five-member Board of Directors elected to serve four years. A Chief Executive Officer is responsible for administrative services and heads the District's staff team. The District office is located in the City of Hollister and is primarily funded by charges of services, property taxes, investments, grants, and other contributions. District boundaries are almost countywide, excluding a tiny portion of Aromas in the northwest area of the County and the Bitterwater area far south of the County.

Hospitals are:

A cornerstone of modern healthcare systems.

Playing a vital role in safeguarding public health.

Providing medical care.

Advancing medical knowledge.

Contributing to the overall well-being of communities.

Their importance extends far beyond individual patient care, impacting society at large. In San Benito County, only one hospital provides those vital services. The board of supervisors understands the importance and critical of the hospital's continued success.

CURRENT SITUATION:

The San Benito County Health Care District is currently in Chapter 9 bankruptcy, approved and authorized by the District Board on May 22, 2023. District Board continues to focus on financial and operational viability and an accelerated search for a partner or buyer in light of ongoing developments.

At the Board meeting on June 27, 2024, the board approved the creation of the Health Care/Hazel Hawkins ad hoc and appointed Supervisors Curro and Gonzales. They also approved ratifying a nondisclosure agreement with the San Benito Healthcare District at the same meeting. ("District") to explore potential options for working together for the District, the County, and Salinas Valley Health.

On August 3, 2024, The San Benito Health Care District (District) and (HHMH) announced that they received a Letter of Intent (LOI) from American Advanced Management (AAM), paving the way for discussions regarding a strategic partnership.

On August 8, 2023, the County Board of Supervisors approved a contract with ECG to prepare an assessment of HHMH, develop strategic considerations associated with various scenarios, and develop an executive summary of the financial and strategic impact of the systems.

On August 24, 2023, the State Department of Health Care Access announced that HHMH was awarded a 10 million loan as part of California's Distressed Hospital Loan Program.

ECG will be providing an update on their findings and sharing their recommendations.

RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:

No
CONTRACT NEEDED FOR THIS ITEM:

No
CONTRACT AND RFP HISTORY:

N/A
LAST CONTRACT AMOUNT OR N/A:

N/A

STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:

N/A
STRATEGIC PLAN GOALS: 1. Operational Development & Excellence Yes
STRATEGIC PLAN GOALS: 2. Planning And Sustainable Growth Yes
STRATEGIC PLAN GOALS: 3. Technology
Yes
STRATEGIC PLAN GOALS: 4. Community Engagement
Yes
STRATEGIC PLAN GOALS: 5. Health & Safe Community
Yes
BUDGETED:

N/A
BUDGET ADJUSTMENT NEEDED:

No
SOURCE OF FUNDING:

N/A
UNFUNDED MANDATE:

No
SBC BUDGET LINE ITEM NUMBER:

N/A
CURRENT FY COST:

N/A
STAFF RECOMMENDATION:

1. Receive a report from ECG on Hazel Hawkins Memorial Hospital (HHMH) and an update on discussions with Salinas Valley Health, discuss the possibility of submission of a non-binding Letter of Intent (LOI) to HHMH, in partnership with various stakeholders,

2. Direct consultants to present at external stakeholders meetings, and

3. If desired, delegate authority to the County Administrative Officer to sign a LOI.

ATTACHMENTS:

Press Release SBHCD Receives Letter of Intent from American Advanced Management Inc. Hazel Hawkins Memorial Hospital Report

FINAL REPORT
Final Report
San Benito County
September 29, 2023
Hazel Hawkins Memorial Hospital
Assessment

FINAL REPORT
Thank You.
| 2
County of San Benito Board of Supervisors,
Thank you very much for engaging ECG for the crucial task of conducting this Hazel Hawkins Memorial Hospital viability assessment. We are grateful to have the opportunity to collaborate with you to help ensure the best possible outcome for the community. Your dedication and support throughout this process was greatly appreciated.

Best,
ECG Management Consultants

FINAL REPORT
Contents

1. ECG / Engagement Overview

2. HHMH Overview

3. Market Assessment / Forecast

4. Physician / Medical Staff Assessment

5. Financial Analysis

6. Strategic Direction for HHMH

7. County Recommendation

8. Next Steps
3 FINAL REPORT
ECG / Engagement Overview
| 4
FINAL REPORT | 5
Firm Overview: ECG Management Consultants
ECG is a national consulting firm exclusively dedicated to providing healthcare consulting services.

ECG Named Top Provider of Value-Based Care
Consulting Services in a 2021 Best in KLAS Report

STRATEGY FINANCE OPERATIONS TECHNOLOGY
Improving competitive position
through high-impact initiatives
Applying analytic rigor and business
insights to achieve strong financial
performance
Ensuring processes and care
delivery models are effective
and efficient
Enabling technology to support an
organization's strategic, operational,
and financial goals
of the 20 U.S News & World Report’s Best Hospitals 17 Honor Roll awardees are recent ECG clients. of our engagements result in requests for additional 80% services. offices
nationwide 9
235 consultants
years in
operation 50 6 of the 10 U.S. News & World Report’s Best Children’s Hospitals Honor Roll awardees are recent ECG clients.

FINAL REPORT
ECG provides healthcare consulting services to hospitals and health systems, physicians, children’s hospitals, academic medical centers, ambulatory surgery centers, and payers.

Firm Overview: ECG Management Consultants (continued)
| 6
17 of 20
Hospitals on U.S. News & World Report’s
Best Hospitals Honor Roll
10 of 10
Top NIH-Funded Research Institutions
85 of 100
Becker’s Hospital Review’s 100 Great Hospitals
Who We Work With

FINAL REPORT
Engagement Objectives
Examination of both strategic and financial implications of alternative options for HHMH.

Summary financial analysis of HHMH’s ongoing financial feasibility.

Scenarios to consider implementing to attain the requisite level of financial performance.
| 7
Process Steps
• Completion of a market assessment to analyze population demographics, inpatient use rate, and out-migration/market share. Inclusive of market projections.
• Financial analysis inclusive of a financial model/projection, Acute vs. SNF financial analysis, expense benchmarking, and key ratio analysis. • Medical staff research and analysis of provider need in the market. • Presentation of preliminary findings to County leadership, along with a site visit to Hazel Hawkins to ask additional questions and complete a facility tour. • Analysis of strategic options for San Benito County, inclusive of case study presentations relating to transactions for other California hospitals. 1 2
3 4
5 FINAL REPORT
HHMH Overview
| 8
FINAL REPORT | 9
Hazel Hawkins Memorial Hospital: Overview
San Benito County is a growing
market (2.5% CAGR, ‘19-’22)
For a critical access hospital,
HHMH has a comprehensive
service offering
The organization has a 100+ year
history of being a community
pillar
Hazel Hawkins Memorial Hospital is located in Hollister, CA and has served the community for 100+ years. The organization became a critical access hospital in March of 2020.

The organization consists of five rural clinics, two specialty centers, a home health agency, four satellite lab/draw stations, and two SNFs.

In May of 2023, the San Benito Health Care District board of directors voted to file for Chapter 9 bankruptcy.

Hazel Hawkins has 40 providers on its active medical staff, none of which are employed.

Metrics - 2022 Acute SNF
Licensed Beds 25 119
Available Beds (% Occupancy) 25 (57%) 111 (74%)
Discharges 2,321 186
Patient Days 5,216 30,044
Average Length of Stay (Days) 2.3 161.5
Average Daily Census 14.3 82.3
Emergency Visits 23,594 -
Total Surgeries/GI Procedures 1,919 -
Births 412 -
Total Operating Revenue (2023) $112,170,168 $25,923,845 Operating Income (2023) ($5,434,282) $4,116,152
Challenging payer mix heavily
reliant on Medi-Cal
Significant patient out-migration
(57%)
Lack of a stable medical staff with
staffing shortages, difficult
recruitment
Future seismic compliance
concerns and needed equipment
upgrades
Liquidity concerns, specifically
DCOH
Summary
Sources: (1) Organization website (2) Publicly available financial/metric data (3) HCAI (4) Interviews with HHMH leadership (5) US Census Bureau population data Pros Obstacles
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Hazel Hawkins Memorial Hospital: ED Visits, Surgeries, and Rural Health Clinic Visits
While emergency and rural health clinic visits have steadily increased in recent years, surgery volume has dropped over 25% since 2019.
| 10
2,663 2,517 1,977 1,919
20,933 20,507 22,482 23,594
43,746 45,897 47,474
51,140
2019 2020 2021 2022
Surgeries / GI Procedures Emergency Visits Rural Health Clinic Visits Source: (1) Publicly available financial data
Hazel Hawkins Memorial Hospital – Volume Trends
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Hazel Hawkins Memorial Hospital: Site Visit Conclusions | 11
1 2
3 4
The physical facilities ECG toured during the site visit were impressive and of higher quality than ECG expected to see at a financially struggling small hospital. Improving and expanding healthcare buildings appear to not be an immediate need. Over the long-term, regulatory building code seismic compliance will need to be completed, but that is not an immediate concern.

The original hospital building is not seismic compliant, and management has looked at a full range of potential solutions to address the issue. More recent significant investment in the inpatient hospital facilities were made with the addition of the Women’s Health Center. The first floor LDRPs and birth facilities are modern, clean, and very well-sized. ECG was told that investment was made for the entire Women’s Health Center building to comply with current inpatient seismic codes and the second floor can be reconfigured to accommodate 30 inpatient beds and the third floor is a shell floor to accommodate another 30 inpatient beds – 60 new seismically compliant inpatient beds if so desired. This is a significant investment that taxpayers have already made into HHMH.

HHMH management outlined the need for more immediate infrastructure/equipment upgrades, specifically citing the outdated nature of their lab analyzer, CT and MRI machines, boiler, and air handler, etc. The hospital’s EMR was another issue management stated needed to be addressed. These will require more immediate financial investments.

According to management, physicians think favorably of the hospital culture and enjoy practicing at Hazel Hawkins and ask that the culture not be disrupted or changed. No physicians are currently employed, but management has cited providers wanting to keep their 1099 status and not wanting employment. While a positive organizational culture is important, ECG believes that more important is building a medical staff that routinely uses the hospital, refer patients to the hospital, and practices at the hospital to serve the community needs and to support the financial sustainability of the hospital. Currently, approximately 57% of people leave the county for hospital services and half of all new births occur out of the county.

DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Market Assessment / Forecast
| 12

FINAL REPORT
Market Assessment: Key Conclusions
| 13
• San Benito County has grown at a rate that is nearly 3% higher than that of the state of California. • San Benito County’s inpatient use rate (85 discharges per 1,000) in 2021 exceeds the 2021 California rate (79). Higher utilization could be linked to an array of factors that includes the population having less managed care, health care access issues, and over-admitting of patients.

Population is growing and utilizes healthcare services at a higher rate than state averages
• Only 43% of all San Benito County residents are admitted at Hazel Hawkins. The remaining 57% of patients leave the County for inpatient healthcare.
• The majority of San Benito County residents seek inpatient care across six hospitals across the region - Good Samaritan-San Jose (9%) and Salinas Valley (6%) are leading choices.

Hazel Hawkins Hospital has a 43% inpatient market share. The majority of patients leave the county for care and care is fragmented across hospitals. • Based on the growing population, younger families, and elderly residents, demand for health care services continues to increase. • Currently, less than half of the over 800 babies in the County are born at Hazel Hawkins. With the growing number of families entering the County, we estimate in a few years births will increase to 1,000 per year. • HHMH has busy emergency services (23,594 visits in 2022), but low admissions, suggesting that patients are seeking high amounts of primary care in the ER.

County-wide need for basic core services has been increasing and are needed at Hazel Hawkins – Obstetric Delivery, Emergency, Surgery, and Medicine DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Demographics: Overview
From 2019-2022, San Benito County has grown at a rate more than 2.5% higher than that of Monterey County and the State of California, a trend ECG expects to continue.
| 14
Demographic Statistic San Benito
County
Monterey
County CA State
Population (2019) 63,147 424,022 39,725,146
Population (2022) 65,703 430,845 40,499,250
Population CAGR (2019-2022) 2.47% (0.04%) (0.35%)
Median Age (2021) 35.4 35.4 37.6
65+ Population (2022. % of Total) 13.5% 15.2% 15.8%
Median Household Income $95,606 $82,013 $84,097
• Compared to the state of California, San Benito County has a younger population and an annual median household income of over $10,000 higher than the state and Monterey County.
• Lower than average elderly population impacts the need for healthcare services.
• San Benito County, as a largely rural region, has a relatively low population density, with no zip codes in the county having a population density of more than 500 people per square mile.

Population per Square Mile
≤ 0.99

1.00 to 24.99

25.00 to 99.99
100.00 to 499.99
500.00 to 2,499.99
≥ 2,500.00
Sources: (1) Maptitude (2) US Census Bureau
HHollister .

FINAL REPORT | 15
Payer: Medicare Advantage Enrollment
Only 19% of eligible Medicare recipients in San Benito are enrolled in a Medicare Advantage (MA) plan. These MA plans pay hospitals significantly lower rates than traditional Medicare. MA plans negate the positive financial benefit of being a critical access hospital, such as Hazel Hawkins.
19%
13%
46% 50% 50% 51%
San Benito
51%
46%
Monterey Fresno
19%
Santa Clara US Average
50%
13%
CA State
50%
Medicare Advantage Penetration Rate by Market,
August 2023
Source: (1) CMS.gov Monthly MA Enrollment
Across the U.S today, it is not uncommon that least 50% of eligible Medicare recipients choose a Medicare Advantage plan which typically pay significantly lower reimbursement that traditional Medicare.

FINAL REPORT
Market: Inpatient Use Rate per 1,000 Persons
Following a post-pandemic recovery in the use rate in 2021, San Benito County’s inpatient use rate is more aligned with Monterey County and Fresno County. However, the utilization of healthcare services in this region is higher than state averages, where in many areas the population is more highly managed. | 16
Key Conclusions
• The inpatient use rate in San Benito County increased ~15% from 2020 to 2021
• San Benito County’s inpatient use rate in 2021
exceeds the 2021 California rate of 79, nearing the US
2021 use rate of 96 with unmanaged populations.
• Population in other markets in California have higher rates of managed care, where patient care is more
closely monitored.
• Also, high use rates such as these in CA may indicate over-admitting of patients, particularly with San
Benito’s younger than average population
2021 US Use
Rate: 96
2021 CA Use
Rate: 79
IP Use Rate by County (2020-2021)
Sources: (1) State of California HCAI data (2) US Census Bureau population data (3) Kaiser Family Foundation 74 87 95
85 89
99 San Benito County Monterey County Fresno County
2020 2021
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Market: San Benito County Inpatient Market Share and Volume Trends Today, HHMH's inpatient market share is 43.2%. The majority (57%) of San Benito County residents that require inpatient care leave the county for hospitalization. HHMH’s current market share has been increasing but has not yet reached the 47% it was in 2016.
| 17

38.2%

43.2%

6.2% 4.1%

9.7% 6.7% 7.5% 7.5%

39.2% 37.7%
2020 2021
Inpatient Market Share, San Benito Residents (2020-2021) Hazel Hawkins Salinas Valley Good Samaritan - San Jose Stanford Health Care All Other Hospitals Patient Discharges Year Hazel Hawkins Salinas Valley Good Samaritan Stanford All Other Total 2020 Inpatient Discharges 1,823 298 461 321 1,871 4,773 2021 Inpatient Discharges 2,446 232 422 422 2,134 5,656 Source: (1) State of California HCAI data
HHMH 2016 Market
Share: 47%
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Market: Inpatient Out-Migration Patterns
Over 39% of San Benito residents seek inpatient care in Santa Clara County, with around 15% of inpatient cases going to Stanford or Good Samaritan.
| 18
Inpatient Cases Percentage of Total
Santa Clara County
Stanford Health Care 422 7.5%
Good Samaritan Hospital – San Jose 422 7.5%
Kaiser Foundation Hospital – San Jose 350 6.2%
St. Louise Regional Hospital 323 5.7%
All Other Hospitals 699 12.4%
Subtotal, Santa Clara County 2,216 39.2%
Monterey County
Salinas Valley Memorial Hospital 232 4.1%
Community Hospital of the Monterey Peninsula 169 3.0%
All Other Hospitals 126 2.2%
Subtotal, Monterey County 661 9.3%
All Other Counties
All Other Hospitals 467 8.3%
Total Out-Migration 3,210 56.8%
Inpatient Out-Migration (2021): Hospitals with over 3% Market Share of San Benito Resident Cases Source: (1) State of California HCAI data
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Market: Inpatient Out-Migration Patterns
Of the total 5,656 inpatient discharges from San Benito County, almost 40% are leaving San Benito County and going to Santa Clara County. The remaining patients go to Monterey County and other surrounding regions. | 19
5,656
467
2,446
2,216
527
Outmigration -
Monterey County
San Benito
County Patient
Discharges
Hazel Hawkins Outmigration
- Santa Clara
County
Outmigration
- All Other
Inpatient Discharges of Patients Living in San Benito County (2021)
Top 5 Out-migration Inpatient Discharge Destinations (2021) Facility Out-migration
Discharges (2021)
San Benito Discharge
Market Share
Stanford Health Care 422 7%
Good Samaritan
Hospital – San Jose
422 7%
Kaiser Foundation
Hospital – San Jose
350 6%
St. Louise Regional
Hospital
323 6%
Salinas Valley
Memorial Hospital
232 4%
All Other 1,461 26%
43%
39%
9%
8%
Source: (1) State of California HCAI data
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Inpatient Use Rate per 1,000 Persons Forecast - 2027
If the population of San Benito County continues to increase at levels consistent with recent years, the need for inpatient care is expected to increase even if inpatient use rate declines -- by 500 to 1,200 more discharges. | 20
2021 2022 (Forec.) 2023 (Forec.) 2024 (Forec.) 2025 (Forec.) 2026 (Forec.) 2027 (Forec.) Scenario One – (1%) IP Use Rate Growth 84.8 84.0 83.1 82.3 81.5 80.7 79.9 Scenario One – Projected IP Discharges 5,656 5,675 5,758 5,841 5,926 6,012 6,099 Scenario Two – 0% IP Use Rate Growth 84.8 84.8 84.8 84.8 84.8 84.8 84.8 Scenario Two – Projected IP Discharges 5,656 5,733 5,874 6,020 6,169 6,322 6,478 Scenario Three – 1% IP Use Rate Growth 84.8 85.7 86.5 87.4 88.3 89.2 90.0 Scenario Three – Projected IP Discharges 5,656 5,790 5,993 6,202 6,420 6,644 6,877 San Benito County – IP Use Rate Projection Scenario Analysis1 Expected increased volume of inpatient discharges creates additional opportunity for Hazel Hawkins. To capitalize on this opportunity, the organization must have a stable provider base and ample beds to serve the patient population.

Sources: (1) HCAI data (2) US Census Bureau
1 Assumes annual population growth of 2.5% annually, consistent with the average annual growth rate from 2020-2022.

FINAL REPORT
Market: Clinical Complexity
From FY2020 – FY2022, Hazel Hawkins’ case mix index, an indicator of acuity, was significantly lower than that of its competitors as both higher acuity and lower acuity cases are leaving the county. It is not unreasonable that HHMH has a lower case mix given its size.
| 21 Source: (1) American Hospital Directory – based on Medicare IPPS claims data

1.22 1.18 1.15

1.77 1.88 1.79 1.86 1.86 1.82

1.95 2.16 2.16
FY 2020 FY 2021 FY 2022
Inpatient CMI Comparison: HHMH versus Competitors
Hazel Hawkins Salinas Valley Good Samaritan San Jose Stanford Health Care DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Market: San Benito County Births
From 2017 to 2021, births in San Benito County grew at a compound annual growth rate (CAGR) of 3.2%. Using this rate to forecast births, ECG estimates over 1,000 birth will occur by 2027. In 2021, Hazel Hawkins delivered 412 births, 49% of the San Benito County total. Births tend to be a routine service for a community hospital, HHMH market share of births is low compared to the clinical capability available and the facilities available at the hospital. | 22 Sources: (1) California Health and Human Services (2) HCAI San Benito County – Projected Births

3.2% CAGR
Actual Forecasted
735 780 791
725
835 862 890 919 949 979 1,011
446 471 418 337 412
2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027
Total Births Hazel Hawkins Births
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Physician / Medical Staff Assessment
| 23

FINAL REPORT
Medical Staff Assessment: Key Conclusions
| 24
• Based on an analysis of providers in the market and data available based on population projections, ECG believes a provider shortage exists today, and is forecasted to be significant in the future for both specialists and primary care providers. The forecasted market need in 2027 excluding hospital-based providers is estimated at 60-73 by ECG. This creates an estimated shortage of 22-35 providers, consisting of:
• Primary Care: 6-11 Providers
• Surgical Specialties: 7-10 Providers
• Medical Specialties: 7-10 Providers
• Obstetrics/Gynecology: 2-4 Providers
• The need for a stable physician base and an increased number of providers will be amplified by retirements in the coming years.

Market Provider Shortage
• The current physician strategy at Hazel Hawkins is to not employ physicians and use a “1099 model” to staff physicians in the rural clinics and attempt to recruit new providers to the community into independent practice. This is resulting in many providers working part-time in Hollister and the other time in communities north of San Benito County. In ECG’s view, this does not take into account the realities of rural / small town medical practice in 2023. • District hospitals in California have alternative models (e.g., 1206B Clinics) to employ physicians and allied providers to build solid, committed, self-perpetuating medical communities in smaller communities and more rural areas. • On-going financial subsidies will be required, but without a change in physician strategy, it is unlikely HHMH’s situation will improve.

Hazel Hawkins’ Past and Current Physician Strategy Is Not Realistic DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Medical Staff Assessment: Providers at Hazel Hawkins
Hazel Hawkins’ medical staff consists of 40 providers, led by 9 primary care providers. Primary Care and Surgical specialties make up 43% of the active medical staff. This is an incredibly small number of physicians having hospital privileges for a region of 65,000 people.
| 25 Source: (1) HCAI
40 11
9 8
7 5
Total Active Medical
Staff - Hazel Hawkins
Primary Care Surgical Specialties Hospital - Based
Specialties
Medical Specialties Other Specialties
Hazel Hawkins Providers by Specialty Grouping
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Medical Staff Assessment: Market Provider Need1
Based on population growth projections and a preexisting provider shortage, ECG estimates a shortage of 22-35 providers by 2027.
| 26 Sources: (1) Claritas (2) AAMC, AMA, Hicks & Glenn, Solucient, Goodman, Longshore & Simmons, Mulhausen Group Practice, Kaiser, and 1990 GMENAC 1 Hospital-based providers are excluded from the analysis. Provider need is adjusted downward 15% to account for Kaiser’s presence in the market Key medical and surgical specialties with high provider need include: Obstetrics/Gynecology, Orthopedic Surgery, Cardiology, and Hematology/Oncology.

Provider Supply Attributes
By 2027, ECG expects San Benito County to have a need
for 60-73 providers, 22-35 providers less than the
projected supply in 2027.

Projected medical and surgical specialist shortages in
2027 across all major specialty groupings are significant across the market.

Access issues proliferate as many of these providers are employed by Kaiser Permanente
Provider Shortages – Stark Service Area
Primary Care 25-30 6-11
Surgical Specialties 15-18 7-10
Medical Specialties 15-18 7-10
OB/GYN 5-7 2-4
Total (Excl. Hospital - Based) 60-73 22-35
Specialty Grouping
2027 Estimated
Need
Estimated 2027
Provider Shortage
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Medical Staff Assessment: Employment Through 1206(b)
District hospitals, which are exempt from California Health and Safety Code Section 1206, are legally permitted to employ physicians. By employing physicians, provider organization are able to improve care coordination and better recruit, retain, and financially support physicians and other allied health providers. | 27
1206(b) Employment
“Any clinic directly conducted,
maintained, or operated by the United
States or by any of its departments,
officers, or agencies, and any primary
care clinic specified in subdivision (a) of
Section 1204 that is directly conducted,
maintained, or operated by this state or
by any of its political subdivisions or
districts, or by any city.”
Source: (1) California State Law
Implications for Hazel Hawkins
• Hazel Hawkins can help fill this provider access gap by creating an employed model to bring more providers to San Benito County.
• By employing physicians, providers are offered a more stable employment option and enhanced benefit offerings. • Hazel Hawkins benefits by having more consistent staffing models, expanded access, keeping care more local and
integrated care.

FINAL REPORT
Financial Analysis
| 28

FINAL REPORT
Financial Analysis: Key Conclusions
| 29
SBHCD has experienced financial improvement since 2017, with operating income improving by nearly $2M from 2017 to 2023, and net income improving by over $3M in the same period. Despite the improvement, operating income remains negative, with tax revenue needed to create positive net income.

Improved Financial Standing, Tax Subsidy Needed
Without significant changes, ECG expects HHMH’s income from operations to remain negative in the coming years. A path to financial stability will require a combination of continued outside funding, increased clinical volume, higher revenue growth per adjusted patient day. If expense growth outpaces volume/revenue growth in the future, HHMH will quickly see negative EBIDAs again.

Financial Sustainability is Wholly Dependent on Growth of Services Expense benchmarking analysis shows that minimal opportunity exists for significant expense reductions, as HHMH is lean compared to other critical access hospitals, especially those in the Western region, on a per unit of service basis as it relates to supplies and net wages.

Some potential for expense savings exists within professional fees and employee benefits, but overall, their small-scale means reducing expenses only works if entire clinical programs are discontinued.

Future Expense Saving Opportunity is Minimal
The hospital’s diminishing cash position has hindered its ability to get ahead of infrastructure updates, maintenance, and equipment upgrades as well as contribute to the hospital's pension obligation.

Liquidity Continues To Be An Issue
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Financial Analysis: 2023 Acute vs. SNF Financials
Despite the acute facility being 83% of total operating revenue, the two skilled nursing facilities (SNF) are significantly more profitable. SNF net income is $4.4M while the acute hospital net income is ($2.3M). Niether the acute hospital, nor the SNF are operating at full capacity.
| 30
Line Item 2023 Acute
Hospital
2023 Skilled
Nursing Facility Combined Acute Hospital % Total
Skilled Nursing
% of Total
Net Patient Service Revenue $112,170,168 $25,923,845 $138,094,013 81% 19% Other Operating Revenue 15,924,011 - 15,924,011 100% 0% Total Operating Revenue 128,094,179 25,923,845 154,018,024 83% 17% Total Operating Expenses 133,528,461 21,807,693 155,336,154 86% 14% Operating Income ($5,434,282) $4,116,152 ($1,318,130) n/m n/m Operating Margin (4.2%) 15.9% - - -
Non-Operating Revenue1 $3,103,362 $256,752 $3,360,114 92% 8% Net Income ($2,330,920) $4,372,904 $2,041,984 (114%) 214% Operating EBIDA ($1,710,509) $4,589,412 $2,878,903 (59%) 159% EBIDA $1,392,853 $4,846,164 $6,239,017 22% 78%
Source: (1) HHMH internally prepared financials as of June 30, 2023. 1 Non-operating revenue consists of district tax revenue (majority), investment income, interest expense, grants & contributions, and other.

FINAL REPORT
Financial Viability: Historical Financial Position - Combined The financial standing of HHMH has improved in nearly every category since 2017. The hospital's operating income has been negative, in recent years, with non-operating revenue (largely district taxes) providing the positive net income. | 31
Line Item 2017
Net Patient Service Revenue $105,931,706
Other Operating Revenue 5,061,563
Total Operating Revenue 110,993,269
Total Operating Expenses 113,918,856
Operating Income ($2,925,587)
Operating Margin (2.6%)
Non-Operating Revenue1 $1,830,430
Net Income ($1,095,157)
Operating EBIDA $2,105,031
EBIDA $5,987,045
2021 2022 2023 ’21-’23 CAGR
$129,750,912 $138,327,019 $138,094,013 3.2%
8,546,588 8,267,252 15,924,011 36.5%
138,297,500 146,594,271 154,018,024 5.5%
141,869,134 147,323,392 155,040,475 4.5%
($3,571,634) ($729,121) ($1,022,451) (46.5%)
(2.6%) (0.5%) (0.7%) (49.3%)
$3,871,688 $3,364,643 $3,060,512 (11.1%)
$300,054 $2,653,522 $2,038,061 160.6%
$432,899 $3,019,975 $2,874,982 157.7%
$5,964,103 $7,913,140 $6,235,095 2.2%
2017 vs. 2023 Var.
$31,162,307
10,862,448
43,024,755
41,121,619
$1,903,136

2.0%
$1,230,082
$3,133,218
$769,951
$248,050
Sources: (1) SBHCD Audited Financials (2) HHMH internally prepared financials as of June 30, 2023. 1 Non-operating revenue consists of district tax revenue (majority), investment income, interest expense, grants & contributions, and other.

FINAL REPORT
Financial Viability: Expense Benchmarking
HHMH’s expenses per adjusted patient day in employee benefits and professional fees exceed the medians of other critical access hospitals and 0-25 bed hospitals in the Western region. However, HHMH’s salaries and wages, net labor expense, supplies, and purchased services are below median benchmarks. | 32
Expense Per APD 2023
Actual
Median – All
CAHs
Variance to
Median
Median – 0-25
Bed West
Variance to
Median
Salaries & Wages $451 $689 ($238) $1,312 ($861)
Employee Benefits $273 $137 $136 $233 $41
Labor Expense $724 $803 ($102) $1,574 ($849)
Professional Fees $161 $73 $88 $149 $11
Supplies $112 $175 ($62) $283 ($170)
Purchased services
& repairs $115 $120 ($4) $145 ($30)
All Other n/m n/m n/m n/m n/m
Key Conclusions
• HHMH’s salaries and wages expense is
favorable to the median of all critical access
hospitals on a per unit basis. When looking
at 0-25 bed hospitals in the West region,
this favorable variance is significantly
amplified.
• The hospital’s employee benefits expense is
unfavorable to both medians, largely due to
their benefits plan. Though HHMH is
unfavorable to median in both employee
benefits and professional fees, minimal
opportunity exists for improvement.

Sources: (1) HHMH internally prepared financials as of June 30, 2023 (2) 2023 Medians – Critical access hospitals and 0-25 bed West region hospitals.

FINAL REPORT
• Model Flexibility
• Within the model, ECG separated out the acute facility and skilled nursing facilities to separately forecast their financial performance. The model created contains customizability to adjust discharges, average length of stay, CMI adjustment factor, and revenue growth per adjusted patient day. In addition, expenses can be forecasted at varying levels of inflation in addition to a per unit basis. • Scenario Analysis – ECG analyzed the following scenarios:
• SNF Capacity Case: The skilled nursing facilities were forecasted assuming the facilities reached capacity by year two.
• Acute Base Case: An acute base case was developed for the acute facility, assuming no major differences in performance in years one through five from current performance, outside of continued expense inflation in labor and supplies.
• Acute Moderate Growth Care: ECG also analyzed acute financials assuming moderate discharge growth of 5% annually in years one through five.
• Capital Spending – ECG assumed no new capital expenditures or investment in a physician strategy.

Financial Viability: Financial Forecasting Methodology
ECG created a dynamic, flexible financial forecasting model to look out at future financial performance of both the skilled nursing and acute facilities under various growth and steady-state scenarios. Our overall purpose is to advise the County on the level of difficulty to bring HHMH to a financially sustainable level. | 33
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Financial Viability: Forecasting Assumptions
| 34
• Discharges
• 5% increase Y1 & Y2 to reach facility
capacity, 0% increase Y3-5
• Revenue
• 1% annual growth in revenue per
adjusted patient day
• Expenses
• Salaries and supplies growth on a per
unit basis, with an added 2% inflation
rate for salaries and 4% for supplies.

Benefits projected at 67% of revenue,
consistent with 2023 results
• 2% inflation rate for building and
equipment rent and other operating
expenses
• 4% inflation rate for registry and
purchased services expense
• Average Length of Stay (ALOS)
• Assuming 128.0 SNF ALOS
SNF - Capacity Case Assumptions
• Discharges
• 1% increase in years 1-5. Estimated
total year 5 discharges (acute and SNF)
of 2,523
• Revenue
• 2% annual growth in revenue per
adjusted patient day
• Expenses
• Salaries and supplies growth on a per
unit basis, with an added 2% inflation
rate for salaries and 4% for supplies.

Benefits projected at 59% of revenue,
consistent with 2023 results
• 2% inflation rate for building and
equipment rent and other operating
expenses
• 4% inflation rate for registry and
purchased services expense
• Average Length of Stay (ALOS)
• Assuming 3.0 Acute ALOS
Acute - Base Case Assumptions
• Discharges
• 5% increase in years 1-5. Estimated
year 5 discharges (acute and SNF) of
3,003
• Revenue
• 2% annual growth in revenue per
adjusted patient day
• Expenses
• Salaries and supplies growth on a per
unit basis, with an added 2% inflation
rate for salaries and 4% for supplies.

Benefits projected at 59% of revenue,
consistent with 2023 results
• 2% inflation rate for building and
equipment rent and other operating
expenses
• 4% inflation rate for registry and
purchased services expense
• Average Length of Stay (ALOS)
• Assuming 3.0 Acute ALOS
Acute - Moderate Growth Case
Assumptions
DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
Financial Viability: Skilled Nursing Facilities Capacity Projection HHMH’s skilled nursing facility is highly profitable, and nearing capacity. Being able to bring the facilities to capacity will add profitability, with rising expenses leveling out net income once capacity is reached beyond year two. | 35
Line Item 2023 Actual Year 5
Net Patient Service Revenue $25,923,845 $30,038,813
Other Operating Revenue -
Total Operating Revenue 25,923,845 30,038,813
Total Operating Expenses 21,807,694 26,494,801
Operating Income $4,116,151 $3,544,012
Operating Margin 15.9% 11.8%
Non-Operating Revenue1 $256,752 $350,000
Net Income $4,372,903 $3,894,012
Operating EBIDA $4,589,411 $4,017,272
EBIDA – SNF $4,846,163 $4,367,272
Sources: (1) HHMH internally prepared financials as of June 30, 2023. 1 Non-operating revenue consists of district tax revenue (majority), and other.

Key Conclusions
• ECG has assumed the Skilled Nursing Facilities reach capacity in two years, with staffing and supplies expenses increasing in conjunction with the increase in volume.
• Once the facilities reach capacity in year three and no further growth is attainable, margin will continue to erode with rising expenses unless there are payer mix changes or payer increases in the future.
• Skilled nursing remains a profitable, necessary service at Hazel Hawkins, substantially assisting with its financial sustainability.

FINAL REPORT
Financial Viability: Acute Facility Financial Projection Through volume growth, Hazel Hawkins has the opportunity to obtain financial stability. Without growth, expense inflation is likely to continue driving down financial results. | 36
Line Item 2023 Actual 2025 Projected
Acute Base Case
2025 Projected
Acute Growth
Case
Net Patient Service Revenue $112,170,168 $130,155,098 $158,052,297 Other Operating Revenue 15,924,011 15,924,011 15,924,011 Total Operating Revenue 128,094,179 146,079,109 173,976,308 Total Operating Expenses 133,228,860 157,337,895 179,086,186 Operating Income ($5,134,681) ($11,258,785) ($5,109,878) Operating Margin (4.0%) (7.7%) (2.9%)
Non-Operating Revenue1 $2,803,762 $4,050,000 $4,050,000 Net Income ($2,330,919) ($7,208,785) ($1,059,878)
Operating EBIDA ($1,710,509) ($7,834,613) ($1,685,706)
EBIDA – Acute $1,392,854 ($3,484,613) $2,664,294
EBIDA – Acute + SNF $6,239,017 $882,659 $7,031,566
Key Conclusions
• Without growth, the financial standing of the acute
facility is not sustainable, leading to an EBIDA that
ECG forecasts to go negative in the coming years.
• However, moderate growth can be a path to financial
stability. ECG estimates that an increase of 500-600
inpatient acute discharges, approximately 1.5
additional discharges per day, would significantly
improve the financials of the acute facility. Based on
2021 inpatient discharges in the market, this increase
in discharges would equate to an increase in market
share from approximately 43% to approximately 53%
for the SNF and acute facility.
• Note that these projected increases are before the
organization has invested in any physician growth.

Source: (1) HHMH internally prepared financials as of June 30, 2023. 1 Non-operating revenue consists of district tax revenue (majority), and other.

FINAL REPORT
Strategic Direction for HHMH
| 37

FINAL REPORT
Strategic Direction for HHMH: Key Conclusions
| 38
A community hospital in this growing market, with taxpayer support and relatively good facilities, can be successful and does not need to be in bankruptcy or be sold to a for-profit provider. A future path must be about growth of services, which inherently is about growth of the medical staff.

As district hospitals are permitted to employ physicians under California Health and Safety Code 1206(b), HHMH can build a solid and more integrated medical community. An employed model has the following community benefits:
• Ability to recruit providers to San Benito County by offering a more stable employment option at HHMH with improved benefits. • More consistent staffing models at Hazel Hawkins and an increased level of care coordination/integration that keeps care more local. Hazel Hawkins can focus on recruiting providers in high need specialties. • Enhanced access and quality of care
• This option will require investment and on-going funding to support stable and competitive salaries for the medical community.

Over the next 3 to 5 years, support HHMH with working capital to begin the development of a stable, committed, medical group to resolve critical infrastructure issues as they arise. Seismic and long-term facility capital issues can be planned for, but building the medical group and stabilizing key clinical services needs to be the top priority.

Work with other tertiary health systems to seek clinical partnerships particularly in Cancer, Cardiac, Neurology, and Obstetrics that support appropriate care delivered and the integrated transfer of patients that need higher levels of acute care.

As more taxpayer funds are needed to restore HHMH, a broader community-based governance option and new administrative leadership is required.
1 2
3 5
4 DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
County Recommendation
| 39

FINAL REPORT
County Recommendation: Strategic Options
| 40
• Joint Powers Authority (JPA): Opportunity exists for the county to support a JPA with broader governance (independent community board) between the County of San Benito, the City of Hollister, and San Benito Healthcare District. If more taxpayer funds are required, then broader joint powers are reasonable.
• Management Services Agreement (MSA) and New Hospital Governing Board: The new JPA has the opportunity to support a management agreement to bring in an experienced and successful management team to run Hazel Hawkins. It needs to be a team, not just an individual. We also recommend that the new JPA establish a new hospital governing board of 9 to 11 local citizens to oversee this new phase of HHMH, additionally this new board can include some physicians and we recommend some regional healthcare experts.
• Provide Funding to HHMH: San Benito County and the City of Hollister have the option to provide an on-going credit line at a low interest rate. HHMH will need these funds to invest in a physician growth strategy and to respond to immediate emergency infrastructure needs. Major facility upgrades and seismic compliance can be planned for but will need to be delayed. 1 2
3 DISCLAIMER: ECG requested additional data from HHMH that was not made available during the time of the study. Some data provided was covered under an NDA and is not included in this report. Conclusions are based on a review of publicly available data and ECG’s experience in the healthcare field.

FINAL REPORT
NEXT
STEPS
• Solicit public input on the future of Hazel Hawkins
Memorial Hospital
• Create a business plan
• Estimate strategic working capital need over the next five years
County Next Steps
| 41

PRESS RELEASE
Media Contact: Marcus Young 415-505-2524
Or [email protected]

SAN BENITO HEALTH CARE DISTRICT RECEIVES

LETTER OF INTENT FOR HAZEL HAWKINS MEMORIAL HOSPITAL
August 3, 2023 – Hollister, Calif. – The San Benito Health Care District (District) and Hazel Hawkins Memorial Hospital (HHMH) announced today that they received a Letter of Intent (LOI) from American Advanced Management (AAM) paving the way for discussions regarding a strategic partnership. AAM, which currently operates 6 hospitals and numerous other medical facilities across the state, is pleased to offer its initial LOI, and feels HHMH and the District are perfectly aligned with its business and healthcare delivery models.

As presented, the LOI proposes AAM to “lease to own” assets of the District for several years prior to purchasing them outright while maintaining the same level of high quality medical care to the residents of San Benito County. AAM looks forward to working with the local medical staff to bring needed additional specialties and services to HHMH. Identified areas such as Cardiology and inpatient dialysis will help HHMH keep more patients local.

The LOI comes after months of effort by the District and HHMH to stabilize its finances. While those efforts have proven fruitful, finding a partner or buyer was the only way to ensure that San Benito County residents have access to quality healthcare services for the long term.
“When we started this process in December, our goals were simple: do all we can to stabilize the finances of the district while maintaining quality healthcare for the community; find a partner or buyer who understood the unique needs of our community; and find a partner who possessed the resources to guarantee a continuum of care delivery for the future needs of our County. AAM fits with that mission,” said Mary Casillas, interim CEO for Hazel Hawkins. “We founded AAM on the principal belief that every community deserves access to lifesaving medical care,” said Doctor Gurpreet Singh. “Rural communities across the state, and the nation, are at high risk of losing access to quality healthcare. It’s why we have focused on this model for AAM and why we feel we are a great fit for residents of San Benito County.” The LOI represents the first step in a detailed and public process. The District Board will consider the LOI at its upcoming meeting and will need to complete its due diligence and negotiate additional terms for this potential partnership.

Ultimately, any agreement reached by the parties must be approved by the Board and the voters.

About AAM
American Advanced Management originated in 2012 with the opening of its pilot hospital; Central Valley Specialty, a General Acute Care Specialty Hospital in Modesto, California. We’ve taken our passion for preserving and restoring care to underserved populations and expanded consistently throughout our network. AAM was the first company in California to revive a rural hospital following bankruptcy and closure. AAM utilizes a scalable, cost-effective shared services platform with flexibility to accommodate each market we operate in.

To learn more visit www.americanam.org.

Treasurer’s Report
For the Two Month Period Ended August 31, 2023
(17% of fiscal year)
General Fund ~
General revenues are at 18% for the year to date. Correspondingly, general fund expenditures are at 15% for the year to date. The net effect is a positive change in general fund balance of $51k.

Water Enterprise Fund ~
The water enterprise fund revenues are at 20% for the year to date, and expenses are at 12%. The net effect is a positive change in the water enterprise fund of $166k.

Sewer Enterprise Fund ~
The sewer enterprise fund revenues are running at 22% for the year to date, and expenses are at 11%. The net effect is a positive change in the sewer enterprise fund of $165k.

Item: 7.A
City Council Meeting
October 17, 2023
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the TwoMonth Period Ended August 31, 2023
Item #5E
City Council Meeting
October 17, 2023
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 17% Notes
General Fund 471,132 376,677 2,142,500 (1,765,823) 18%
Special Revenue Funds:

Capital Projects Fund 451,439 120,087 2,836,845 (2,716,758) 4% A Community Development 32,626 7,732 404,514 (396,782) 2% B COPS 29,334 16,667 100,000 (83,333) 17%
Parking & Restroom Fd 8,164 7,395 28,000 (20,605) 26%
Gas Tax Fund 17,637 19,819 101,000 (81,181) 20%
Valle Vista LLD 4,422 3,980 23,889 (19,909) 17%
Rancho Vista CFD 11,087 12,405 67,512 (55,107) 18%
Copperleaf CFD 3,775 3,018 16,645 (13,627) 18%
Internal Service Funds:

Blg Rehab. & Replace 6,333 6,333 38,000 (31,667) 17%
Vehicle Replacement 10,000 10,000 60,000 (50,000) 17%
Enterprise Funds:

Water
Operations 215,009 266,000 1,345,000 (1,079,000) 20%
Sewer
Operations 260,479 305,180 1,390,000 (1,084,820) 22%
TOTAL Funds 1,532,058 1,155,293 8,553,905 (7,398,612) 14% A ~ The timing of the projects and the related revenue does not always align with the year-to-date percentages.

B ~ These funds are developer derived and are recognized when invoiced.

City of San Juan Bautista
Expenditures ~ Budget Vs. Actual
For the Two Month Period Ended August 31, 2023
Item #5E
City Council Meeting
October 17, 2023
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 17% Note
General Fund 281,414 325,696 2,117,980 (1,792,284) 15%
Special Revenue Funds:

Capital Projects Fund 451,439 120,087 2,836,845 (2,716,758) 4% A Community Development 120,084 83,927 674,036 (590,109) 12% COPS 16,667 16,667 100,000 (83,333) 17%
Parking & Restroom Fd - - - -
Gas Tax Fund 2,647 2,766 21,500 (18,734) 13%
Valle Vista LLD 5,563 2,884 22,692 (19,808) 13%
Rancho Vista CFD 6,984 9,569 37,166 (27,597) 26%
Copperleaf CFD 4,709 4,031 16,645 (12,614) 24%
Development Impact Fee Funds
Public/Civic Facility 450 450 2,700 (2,250) 17%
Library 740 740 4,440 (3,700) 17%
Storm Drain 572 572 3,432 (2,860) 17%
Park In-Lieu 50 50 300 (250) 17%
Public Safety 142 142 852 (710) 17%
Traffic 72 72 432 (360) 17%
Enterprise Funds:

Water:

Operations 150,127 99,996 828,749 728,753 12%
Capital 6,396 - -
Sewer
Operations 124,839 139,327 1,227,618 1,088,291 11%
Capital 22,759 509,133 18,497,240 17,988,107 3% A
TOTAL Funds 914,240 990,413 24,274,647 16,326,068 4%
Footnotes:

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

Additionally, some projects have been moved to the next fiscal year. 10/9/2023
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 8/1/2023 Through 8/31/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name
Matching Document
Date Check Amount
8/3/2023 216960 South Bay Conservation Resources, LLC 7/18/2023 468,000.00 8/4/2023 216943 Baker Supplies and Repairs 8/1/2023 34.35 8/4/2023 216944 Carlos Figueroa. 8/2/2023 89.99
8/4/2023 216945 Code Publishing Company 7/31/2023 630.00 8/4/2023 216946 Community Brands 7/1/2023 6,768.00
8/4/2023 216947 David's Locksmith 8/2/2023 350.00
8/4/2023 216948 Edelmira Ceja 7/15/2023 700.00
8/4/2023 216949 Judy's Gifts & Awards 7/31/2023 12.99
8/4/2023 216950 Maria de la Paz Morales Reyes 7/22/2023 700.00 8/4/2023 216951 Monterey Bay Air Resources Dist. 7/1/2023 1,051.44 8/4/2023 216952 Monterey Bay Analytical Services 7/18/2023 1,836.00 8/4/2023 216953 P G & E 7/20/2023 601.08
8/4/2023 216954 Rx-Tek 7/1/2023 276.00
8/4/2023 216955 San Benito County Business Council 7/1/2023 1,000.00 8/4/2023 216956 Sound Design A/V Contractors 7/25/2023 637.64 8/4/2023 216957 State Compensation Insurance Fund 7/21/2023 13,808.63 8/4/2023 216958 True Value Hardware 6/28/2023 191.11
8/4/2023 216959 Univar Solutions 7/24/2023 895.25
8/18/2023 216969 4Leaf, Inc. 7/31/2023 591.14
8/18/2023 216970 A Tool Shed, Inc. 7/13/2023 1,568.00
8/18/2023 216971 AFLAC 8/31/2023 934.44
8/18/2023 216972 at&t 8/7/2023 152.41
8/18/2023 216973 AVAYA 8/5/2023 250.66
8/18/2023 216974 Charter Communications 7/27/2023 581.96 8/18/2023 216975 Citygate Associates, LLC 7/31/2023 4,592.94 8/18/2023 216976 Clark Pest Control 8/4/2023 111.00
8/18/2023 216977 Cypress Water Services 7/31/2023 11,175.00 8/18/2023 216978 Data Ticket Inc. 7/31/2023 400.00
8/18/2023 216979 David J. Powers & Associates, Inc. 7/28/2023 13,722.75 8/18/2023 216980 EMC Planning Group Inc. 7/19/2023 212.50 8/18/2023 216981 Fidelina Soto 8/3/2023 600.00
8/18/2023 216982 Francisco Diaz 8/3/2023 14.58
8/18/2023 216983 Hamner Jewell Associates 7/31/2023 1,269.75 8/18/2023 216984 KBA Docusys 8/6/2023 253.67
8/18/2023 216985 Liebert Cassidy Whitmore 7/24/2023 1,464.50 8/18/2023 216986 Lilia Barajas 8/8/2023 500.00
8/18/2023 216987 Monterey Bay Analytical Services 8/1/2023 1,611.00 8/18/2023 216988 Naya Herrera 8/16/2023 15.70
8/18/2023 216989 Ready Refresh 8/12/2023 139.98
8/18/2023 216990 Ruben Foronda 8/17/2023 125.88
8/18/2023 216991 Scott Adessa 8/10/2023 300.00
8/18/2023 216992 Silvia Fernandez 8/14/2023 700.00
8/18/2023 216993 Sprint 8/7/2023 401.30
Page: 1
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 8/1/2023 Through 8/31/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name
Matching Document
Date Check Amount
8/18/2023 216994 Toro Petroleum Corp. 7/17/2023 179.58
8/18/2023 216995 US Bank Equipment Finance 9/7/2023 249.61 8/18/2023 216996 Valero Wex Bank 8/14/2023 1,255.75
8/22/2023 216961 CMAP 6/30/2023 1,015.21
8/22/2023 216962 Downey Brand 6/28/2023 279.00
8/22/2023 216963 EMC Planning Group Inc. 4/21/2023 38.80 8/22/2023 216964 Harris & Associates 6/30/2023 1,075.00 8/22/2023 216965 Home Depot Credit Services 6/29/2023 348.67 8/22/2023 216966 Lautzenhiser's Stationery, Inc. 5/18/2023 218.23 8/22/2023 216967 Monterey Bay Analytical Services 6/30/2023 5,517.48 8/22/2023 216968 Wellington & Rathie 3/23/2023 592.00
8/25/2023 216997 Akel Engineering Group, Inc. 6/16/2023 409.50 8/25/2023 216998 KK Chess 1/1/2023 900.00
8/25/2023 216999 Monterey Bay Analytical Services 6/16/2023 48.00 8/25/2023 217000 Wellington & Rathie 3/31/2023 10,100.00 8/25/2023 217001 4Leaf, Inc. 7/31/2023 5,741.00
8/25/2023 217002 ACWA Health Benefits Authority 9/1/2023 12,887.65 8/25/2023 217003 All Clear Water Services 7/31/2023 4,100.00 8/25/2023 217005 att.com 8/1/2023 76.69
8/25/2023 217006 Baker Supplies and Repairs 8/14/2023 37.58 8/25/2023 217007 Canon Financial Services, Inc 8/31/2023 338.95 8/25/2023 217008 Code Publishing Company 7/1/2023 634.50 8/25/2023 217009 Dale Coke. 8/31/2023 500.00
8/25/2023 217010 Ferguson Enterprises LLC 8/1/2023 14.78 8/25/2023 217011 Maria Berrelleza 8/22/2023 700.00
8/25/2023 217012 Maria Flores 8/22/2023 700.00
8/25/2023 217013 Michelle Sabathia. 8/31/2023 100.00
8/25/2023 217014 MNS Engineers, Inc. 7/31/2023 49,926.50 8/25/2023 217015 Monterey Bay Analytical Services 7/26/2023 2,840.00 8/25/2023 217016 P G & E 7/31/2023 14,791.38
8/25/2023 217017 San Benito County Assessor 7/1/2023 21.85 8/25/2023 217018 Staples 8/1/2023 314.54
8/25/2023 217019 US Bank 7/21/2023 4,327.28
Report Total 659,551.17
Page: 2

CITY MANAGER MONTHLY REPORT
Library and City Hall staff had COVID 19 this monthMaintained “open” status of both facilities Prevented spread to other employees
Sent the Housing Element to HCD
Busy Planning Commission Agenda 10.03.23
Approved 4-new housing units 45 Washington
Review revised gas station plans
Ad-Hoc Committee on Pop-Up Uses/Business License Issuance Coordinated SB2 Grant changes ($160,000)
From Southside growth to infill focus
Strategized with EMC to update Community Plan
Received a second extension from HCD

CITY MANAGER MONTHLY REPORT
Public Health Community Health Improvement Plan
Describes County Health strengths and vulnerabilities
Power Point summarizes findings- exampleCOVID deaths per capita is low, but Aning Latinos is 4X higher than White
Interview by County Economic Advisory Committee Consultant Fragmentation – many different efforts on-going at one time County Broad Band Study (“Teleworx) 9.28.23 final report SJB is 99.9% Serviced; City needs Broad Band Policies
No Fiber in SJB? Whole County needs more Fiber access
FCC = 4.6% have w/o services in County (resorting to Satellite) CPUC = 21.1% underserved in County (big discrepancy)
80% serviced by Charter/Spectrum
Grant Application pending- will help with Fiber

CITY MANAGER MONTHLY REPORT
Water Status
Awaiting revised 30% drawings on
Pipeline and new pricing
Received these concepts 9.05.23
Well 5 Pump Repairs ($37k)
Water Quality Complaint1st in more than a year
Resumed flushing lines

CITY MANAGER MONTHLY REPORT
UGB/SOI Committee
Stepped up efforts!
Met Three Times in one month
Results are on this Agenda
Wastewater Status
Ground Breaking Ceremony well attended/Benito Link
Reaching out to Growers rgd. Schedule and future plans
Construction delayed by logistics
Pipe on-site November 6
Executed EPA and Water Board agreements ($4 million grants)

CITY MANAGER MONTHLY REPORT
Benito Link Listening Session- Tourism
“Governance is holding us back”
No-one will come to sit an hour in traffic (Hollister Business Owner) “Squashing the Entrepreneurial Spirit”
Pinnacles Attendance350,000 to 500,000 per yearnot many locals Impact of urbanism- threat to “Night Sky Designation”
Funding a Tourism Bureau? Popular idea
20-years ago Chamber also became a Visitors Bureau
Erratic Funding- SJB does not fund it
We are Temecula 20-years ago
Ranchers feel disenfranchised by lack of Tourism attention

CITY MANAGER MONTHLY REPORT
COG is back in business
Hosting the CTC in San Juan Bautista 9.20.23 with Speaker Rivas Hwy 156 completion now expected Fall of 2025
Hwy 25 Construction- video on Turbo Round About
LAFCO is back in business
New Executive Director (Jennifer from Policy Cons. Assoc.) Initiated a Municipal Services Report on Sewer
Provided more than 100 docs to LAFCO for their sewer MSR Will help the City complete its MSR for Water and other services Up to speed on the City SOI/UGB plans

CITY MANAGER MONTHLY REPORT
Cal Cities Conference 9.20 -9.23
“Adopting to Changes in the Retail Environment”
Informative hosted by CA Main Street
West Hollywood made parklets permanent for F&B Services “3rd Place” Concept referred to as “Outzones”
Increasing places downtown for people to gather
Sharing uses- retail during the day, F&B at night
Issue pre-COVID still impacting retail
Retail Labor Force has shrunk
NLC- providing digital support for retailers
Enabling Pop-Ups
Helping property owners use 2nd floors

CITY MANAGER MONTHLY REPORT
Next City Council meetingConsider cancelling the Regular meeting 11.21.23 Schedule a Special meeting 11.14.23 at 6 PM??
Recreation Assistant started work (introduced on this agenda) 3-4 month learning curve
Met the seniors
Knows the Community Hall and learning about other partners/assets Attended Senior Listening Session
Will be moving to Native Daughter’s Adobe while community center is in repair Public Safety
Fire Chief is Retiring the 20TH Chief Dover has been assigned as interim Chief Deputy Hours adjusted from 2 PM – 12AM (Weds-Sat) to 12- 10 PM (Weds-Sat) Initiate Recruitment for the Public Safety Coordinator position Animal Control- very busy responding
Item: # 8.A
City Council Meeting
October 17, 2023

AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Deputy City Clerk / Administrative Services Manager in the City of San Juan Bautista and That I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the 13th day of October 2023, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.

1. On The Bulletin Board at City Hall, 311 Second Street.

2. On The Bulletin Board at The City Library, 801 Second Street.

3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 13th day of October 2023.
____________________________________________
Elizabeth Soto
Deputy City Clerk / Administrative Services Manager
Item: 8.B
City Council Meeting
October 17, 2023

WAIVER OF READING OF ORDINANCES
State law requires that an ordinance be read in its entirety prior to adoption unless the City Council waives reading beyond the title. Reading an entire ordinance at the meeting is extremely time-consuming; reading of the title alone usually gives the audience sufficient understanding of what the Council is considering.

To ensure that this waiver is consistently approved by the Council, Council should make the waiver at each meeting, thus, you should do it at this point on the Consent Agenda. The Council then does not have to worry about making this motion when each ordinance comes up on the agenda.

GC § 36934
Item#: 8.D
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#: 8.D
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#: 8.D
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.

Page | 3
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.

Item # 8.E
City Council Meeting
October 17, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: CITY MANAGER

FROM DON REYNOLDS, CITY MANAGER
TITLE: CHANGE THE LOCATION OF THE PUBLIC ART

INSTALLATION AT SAN JUAN PUBLIC LIBRARY
RECOMMENDED ACTION(S):

Staff recommends that the City Council adopt the attached Resolution changing the location of the art installation from the San Benito Arts Council approved by Resolution 2022-28, from the elevation with the large window, to wall next to it, as indicated in Exhibit 1, facing the NE corner of Monterey Street and Second Street.

BACKGROUND INFORMATION:

The proposed public art installation is a project of the San Benito County Arts Council in partnership with El Teatro Campesino. As stated in the Project Description, this “Community Arts Impact Project” is designed to bring together artists, frontline workers and community members to recognize and process the collective trauma that COVID has inflicted on our rural community, while also celebrating and uplifting the ways in which our community has shown resilience, strength and compassion as we navigate these difficult times together.

The Arts Council, partner El Teatro Campesino and the Lead Artist, Venecia Prudencio, have completed a focused and thorough community engagement exercise to prepare a finished mural design and to identify an appropriate location for the installation. Resolution Exhibit 1a describes this process.

On April 19, 2022, by adopting Resolution 2022-28 that is attached, the City Council approved the design and location of the proposed mural. This approval did not specify the specific size of the Mural. The Mural was completed was completed and delivered in August.

DISCUSSION:

The mural is too large to fit into the approved preferred location. The City and Arts Council propose moving it further to the east towards Second Street, next to the original preferred location where there is no window. Two trees against the building wall will frame the Art nicely.

It is also recommended that the Art be hung on posts separate from the building. That way it can be easily removed to a safe place if there is need for building improvements or changes to the Park.

Item # 8.E
City Council Meeting
October 17, 2023
Page | 2
ATTACHMENTS:

Proposed Resolution to relocate the Art as indicated in Exhibit 1 City Council Resolution 2022-28 (with Exhibit 1a – 1c)
RESOLUTION NO. 2023-XX

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

AUTHORIZING THE SAN BENITO COUNTY ARTS COUNCIL (ARTS COUNCIL)

CHANGING THE LOCATION OF THE ART INSTALLATION OF A MURAL ON THE

SAN JUAN PUBLIC LIBRARY
WHEREAS: The City Council adopted Resolution 2022-28 on April 19, 2022, (the staff report and Resolution are attached hereto), and approved the installation of public art on the northeast corner of the Library next to the large window; and WHEREAS, The Resolution did not specify the exact size of the mural, and when delivered in August, it consisted of three panels that when put together, are larger than the window and do not fit in the approved preferred location; and WHEREAS The Arts Council and the City considered a different location next to the same wall, facing north-east but away from the window, as shown on the attached site plan; and WHEREAS The new preferred location is on this wall with no windows as described in Exhibit 1; and
WHEREAS, having completed the Luck Park Master Plan, it has also been determined that to avoid any damage that may occur during future construction, that mounting the art on free standing posts at this preferred location, is better than mounting the art to the Library wall, so it can be safely relocated if necessary.

NOW BE IT RESOLVED that the City Council determines that this updated process fulfills the City’s desire for full and active participation by members of the community and that design and location of the project is consistent with General Plan policies referenced herein.

BE IT FURTHER RESOLVED that the City Council adopts this Resolution approving the installation of the Mural by the Arts Council as depicted in Attachment 1 subject to the following conditions:

1. The installation shall be in the preferred location as indicated in Exhibit 1 to this Resolution;

2. The installation shall be on free-standing posts in front of the Library wall.

3. All other provisions of Resolution 2022-28 shall remain in full force and effect.

PASSED AND APPROVED this 17th day of October, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

________________________
Leslie Q. Jordan, Mayor
ATTEST:
_____________________________
Elizabeth Soto, Deputy City Clerk

Item: 8.F
City Council Meeting
October 17, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: ADMINISTRATION
FROM: DON REYNOLDS, CITY MANAGER
BY: ELIZABETH SOTO, DEPUTY CITY CLERK / ADMINISTRATIVE

SERVICES MANAGER
TITLE: CLAIM FOR DAMAGES
RECOMMENDED MOTION:

Staff recommends the City Council direct the City Manager to issue a standard rejection.

RECOMMENDATION
Staff received a claim for damages on September 6, 2023 from Kazuko Kurasaki & Kurt Kurasaki. The claim was returned as insufficient on September 26, 2023 and the claimants’ counsel failed to file an amended claim.

EXECUTIVE SUMMARY:

The claim failed to identify any public property which was owned, controlled, and maintained by the City of San Juan Bautista at the time of the incident. The claim did not identify any specific location or condition which caused the flooding.

BACKGROUND
FISCAL IMPACT:

No fiscal impact to the City of San Juan Bautista.

ATTACHMENTS:

Notice of Insufficiency
Item: 9.A
City Council Meeting
October 17, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2023 (Continued from 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: 9.A
City Council Meeting
October 17, 2023
Page | 3
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.

Page | 4
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

+ San Juan Bautista, CA
Eliminate crime and shape
a safer future, together .

Why Floc k Sa fe ty?
What we observe:
the current reality
● Limited Police Resources
● Crime is on the rise
● Trust is needed more
than ever
What we believe:
the opportunity
● Technology multiplies the
force
● Capture and distribute
objective evidence to the
right user
● Engage community to
support and grow
How does the technology
work?
Whe n you g e t Floc k you g e t:

Flock Safety provides your police department with
indis criminate e vide nce from fixe d locations . We
provide all of the mainte nance s o that your police
de partme nt and city s taff can focus on ke e ping your city s afe and pros pe rous .

INFRASTRUCTURE-FREE
Re duce time to value and
utility cos ts with full-s e rvice
de ployme nt.
24 /7 COVERAGE
Capture obje ctive ve hicle
data around the clock to
multiply your force .

REAL-TIME ALERTS
• NCIC
• NCMEC (Ambe r Ale rt)
• Cus tom Hot Lis ts
Ethic a lly Ma d e
• No pe ople
• No facial re cognition
• No traffic e nforce me nt
• Indis criminate e vide nce
Wha t this IS Wha t this is NOT
● License plate recognition
● Gathers objective evidence
and facts about vehicles, not
people
● Alerts police of wanted
vehicles
● Used to solve crime
● Adheres to all state laws
● Not facial re cognition
● Not tied to Personal
Identifiable Information
● Not us e d for traffic
enforcement
● Data not stored beyond 30
days → automatically
deletes every 30 days
Proactive: Real time Alerts when stolen or
wanted vehicles enter your city
Investigative: As clearance Rates
increase, crime rates decrease
Flock cameras serve as a deterrent
How d oe s this
te c hnolog y pre ve nt
a nd e limina te
c rime ? [ Replace image]
Mitigating Risk
Prote c ting Priva c y
● Footage owned by Agency/City and
will never by sold or shared by
Flock
● 3 0 day data re te ntion, the n de le te d
● Short re te ntion pe riod e ns ure s that
all data not as s ociate d with a crime
is automatically de le te d &
unre cove rable
● Takes human bias out of crime -
solving by detecting objective data,
and detecting events that are
objectively illegal (ex. Stolen
vehicles)
● All data is stored securely in the AWS
Cloud, and end to end encryption of all
data
● Search reason is required for audit trail
● NOT facial re cognition s oftware
● NOT pre dictive policing
● NO PII is containe d in Flock
● NOT used for traffic enforcement
● Not conne cte d to re gis tration data or 3 rd
party databas e s (Carfax, DMV)
● Trans pare ncy Portal (optional)
Transparency + Insights
Measure ROI and promote the ethical use
of public safety technology
Transparency Portal
● Cus tomizable for e ach age ncy
● Dis play te chnology policie s
● Publis h us age me trics
● Share download ab le Se arch audits
Insights Dashboard
● Me as ure crime patte rns and ROI
● Audit Se arch his tory
Examples
● Click he re for Morgan Hill PD
● Click he re for Valle jo PD
Already solving and
preventing crime
Morgan Hill Los Gatos
Monte Se re no
Milpitas
Santa Clara
Fos te r City
Hills borough
Colma
Millbrae
Athe rton
San Mate o
San Mate o County
San Bruno
Alameda
Flock Safety In Northern
California
+ Many more
comme rcial and
Private
Customers
Novato
Fairfie ld
Dixon
Valle jo
Vacaville
Rio Vis ta
Richmond
Be nicia
Pie dmont
Live rmore
San Ramon
Danville
He rcule s
Orinda
Oakley
Mountain Hous e
Woodland
Ros e ville
Elk Grove
Gras s Valle y
Salinas
Lafayette
Danville
Richmond
Berkeley
Timeline
On February 16th, 4:15 PM, the Los
Angeles Police Department put out the
vehicle plate information of the suspect
involved in two shootings at synagogues
in their area.

Cathedral City PD received this
information and ran the vehicle’s plate in
Flock and discovered that the suspect
vehicle had entered Cathedral City.

A flyer with the suspect’s information and
vehicle description was sent out to patrol.

Officers responded to a shot fired call at
5:24 PM and the synagogue shooter was
on scene.

Officers recognized the suspect vehicle
as the one from the flyer. Suspect was
taken into custody.

Ha te Crime Ta rg e ting LA Syna g og ue
Cathe dral City PD Cathedral City, CA
➔Officers from the Ukiah Police Department
re s ponde d to re ports of a fire in a dry fie ld e as t of Airport Road ne ar Cos tco. Now officials have
caught two te e ns conne cte d to the alle ge d
arson.
◆ On Aug. 25, the FLOCK s ys te m ale rte d
office rs of the car's location and officials
arre s te d the 17- year- old drive r who was
re porte d ly involve d in s tarting the fire .
◆ On Se pt. 19 , a s e cond s us pe ct, 18- yearold Gabrie l Ruiz, was arre s te d by the Me ndocino County She riff's Office on
unre late d charge s afte r be ing conne cte d
to two armed car break-ins .

Case Study - Te e n Ars on
Ukiah PD - Ukiah, CA
Using City of Ukiah FLOCK license plate
recognition cameras, investigators were able to
identify the suspects inside the car and get
photos of the vehicle which contained the
license plate number. At the time, officials were
unable to find the car, but the license plate
number was entered into the FLOCK camera
database which automatically alerts officials
when the vehicle is seen next.

Ca s e Stud y: Sma s h a nd Gra b Rob b e ry
● January 2022 - Five s us pe cts atte mpt a
Smas h & Grab at a J e we lry s tore but are
chased off by the owner
● But here’s what didn’t make the news…
● Sus pe ct ve hicle ide ntifie d us ing Flock
● SBPD thought the s us pe cts would try
again, pote ntially more viole ntly
● Vehicle placed on a custom hotlist
● SBPD re ce ive s a re al time ale rt that the
s us pe cts are re turning
● Officers locate the vehicle within seconds
preventing another attempt
San Bruno, PD San Bruno, CA
San Bruno je we lry s tore owne r s tops
attempted smash- and- grab robbery
- ABC 7 Ne ws - Bay Are a
Ca s e Stud y: Auto The ft
Chamblee PD Chamblee, GA
Stra nge r on Stra nge r Ab d uc tion Augus t,
28 2020
When every second matters,
Flock Safety’s Machine Vision is Critical
12:33 PM
1:01 PM
2:30 PM
5:03 PM
6:00 PM
Amber Alert Issued
Search Conducted with Flock Safety
Suspect Vehicle Located
Felony Stop + Arrest
Baby Reunited with Mother
Item # 9.B
City Council Meeting
October 17, 2022
1 CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DIRECTOR
FROM: BRIAN FOUCHT, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: PROFESSIONAL SERVICES: NATIONAL MAIN STREET
RECOMMENDATION:

Staff recommends that the City Council authorize the City Manager to execute a contract for professional services related to the National Main Street.

BACKGROUND AND INFORMATION:

The City’s 2023/24 Budget references priorities and issues that include development of a Citywide economic development strategy by the Economic Development Citizens Advisory Committee (EDCAC). The budget includes $31,165 from the General Fund Reserve for Economic Development activities and training.

On July 18, 2023 the City Council accepted the annual report of the EDCAC and directed staff and the Committee to prepare an economic development strategy for the City. The EDCAC is expected to partner with State and County agencies and entities to draft a strategy that is based on the City's history and assets.

Therefore, revitalization of Third Street, envisioned by the Third Street Master Plan, is viewed by the EDCAC as an essential part of an overall economic development strategy. (“Why Business Retention and Expansion Plans are Important for Downtowns” at https://www.mainstreet.org/blogs/national-main-street-center/2017/05/24/why-businessretention-and-expansion-plans-are-important-for-downtowns. ) Key elements of a focused Third Street strategy can only be identified, and success ensured, by engaging with the community, in particular downtown businesses and property owners.

For this reason, the City joined California Main Street as a basic member for the 2022-23 calendar year. Main Street Sub members with access include EDCAC members Darlene Boyd, Leslie Jordan, Heliena Walton (in addition to Don Reynolds, with Brian Foucht as Main Street membership leads). This membership enabled the EDCAC to evaluate and conclude that the Main Street approach (attachment 4) to community engagement will be applicable to the San Juan Bautista context. Accordingly, a portion of funds budgeted to support EDCAC activities includes identification and implementation of Main Street Transformation Strategies to articulate a focused, deliberate path to revitalizing and strengthening the San Juan Bautista central business District.

Item # 9.B
City Council Meeting
October 17, 2022
2 FISCAL IMPACTS:

The subject project will result in a $15,000 charge to the City’s General Fund as a portion of $31,165 budgeted for the EDCAC

ATTACHMENTS
City Council Resolution (includes Exhibit “B” National Main Street Proposal) National Main Street Approach Summary
Page | 1
RESOLUTION NO. 2023-XX

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH NATIONAL MAIN STREET CENTER TO

COMPLETE A COMMUNITY ASSESSMENT AND TRANSFORMATIOM STRATEGY WHEREAS, the City of San Juan Bautista has approved a high-level Strategic Plan to set priorities for Economic Development, among other priorities which reference a high priority for bringing businesses and property owners together to create a unified vision for downtown San Juan Bautista; and
WHEREAS, the City Council of the City of San Juan Bautista has established the Economic Development Citizens Advisory Committee (EDCAC) for the purpose of advising the City Council regarding context – sensitive measures to strengthen the City’s economic well-being for the benefit of residents, property owners and businesses within the City; and WHEREAS, Main Street America has been helping revitalize older and historic commercial districts for more than 40 years. Today it is a network of thousands of neighborhoods and communities, rural and urban, who share both a commitment to place and to building stronger communities through preservation-based economic development. Main Street America is a program of the nonprofit National Main Street Center, Inc., a subsidiary of the National Trust for Historic Preservation; and
WHEREAS, the City, through the EDCAC is a Main Street member; and WHEREAS, the City Council desires to develop and implement transformative strategies based on the City’s historical assets through asset mapping, community engagement and partnership building and then to establish appropriate metrics for success.

NOW THEREFORE BE IT RESOLVED, that the City Council directs the City Manager, to execute a Professional Services Contract with the National Main Street Center – California Main Street to complete the Community Assessment and Transformative Strategy Development as set forth in Exhibit “A” and thereafter to report to the City Council regarding any recommended Main Street programs.

BE IT FURTHER RESOLVED that coordination with the National Main Street Center and facilitation of the scope of work authorized herein shall be among those responsibilities of the City of San Juan Bautista Economic Development Citizens Advisory Committee (EDCAC).

Assessment and Transformation
PASSED AND ADOPTED at a regular meeting of the San Juan Bautista City Council on the 17th day of October 2023, by the following vote:

AYES:

Page | 2
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
_________________________
Leslie Q. Jordan, Mayor

ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk

Prepared by Amanda Elliott
Senior Program Officer & Director of
California Programs
National Main Street Center
San Juan Bautista, CA
July , 2023
Community Assessment and Transformation
Strategy Development
Community Assessment and Transformation Development | 2 Contents
......................................................................................................................................................................1 About Main Street America ..................................................................................................................................2 About the Main Street Approach..........................................................................................................................4 Scope of Work and Pricing....................................................................................................................................5 Transformation Strategies Examples....................................................................................................................8 About Main Street America
Main Street America has been helping revitalize older and historic commercial districts for more than 40 years. Today it is a network of thousands of neighborhoods and communities, rural and urban, who share both a commitment to place and to building stronger communities through preservation-based economic development. Main Street America is a program of the nonprofit National Main Street Center, Inc., a subsidiary of the National Trust for Historic Preservation.

Since 1980, over 2,000 programs have used the Main Street Approach, our time-tested framework for community-driven, comprehensive revitalization. The National Main Street Center conducts research to Community Assessment and Transformation Development | 3 document our impact by annually collecting statistical information on the preservation, revitalization, and economic activities in local Main Street programs throughout the country.

Community Assessment and Transformation Development | 4 About the Main Street Approach
The Main Street Approach™ is the National Main Street Center’s framework for community revitalization. Centered around Four Points (see below), the Approach offers community-based revitalization initiatives with a strategic, adaptable framework for downtown transformation that is easily tailored to local conditions. The Main Street Approach underwent a refresh in 2015 to become more responsive to economic context, strategy-driven, and outcome-oriented.

Every community has a unique set of place-based assets, anchors, and consumer markets that contribute to a healthy business district. Leveraging those assets through a targeted economic development strategy requires a thorough understanding of the marketplace. One of the best ways to help retain existing businesses and recruit new ones is to prepare information about your existing customer base and better understand potential new customer segments that could be served by your business district. Your local commercial revitalization program provides an important benefit by developing a comprehensive analysis of the district market that aligns community vision and consumer data with strategies that drive the organization’s revitalization programming. Through the Main Street Approach, we work together with organization leaders to understand market data and develop comprehensive strategies to deliver comprehensive Main Street transformation. This approach accomplishes several goals:

Community Assessment and Transformation Development | 5 • Builds local knowledge and understanding of your district’s economy to create a foundation for successful revitalization;
• Identifies current strengths of the business mix and existing business clusters; • Supplies relevant consumer data to the revitalization program so it can help existing businesses become stronger;
• Identifies opportunities for future business attraction and business cluster expansion; and • Builds a strategic framework for niche development, including real estate development, business development, promotions, marketing, branding, etc.

This philosophy is encompassed by the Main Street Approach Refresh. At the core of the new Main Street Approach are economically-grounded “Transformation Strategies.” These Strategies articulate a focused, deliberate path to revitalizing a downtown or commercial district’s economy. They are informed by a solid understanding of local and regional market data and sustained and inclusive community engagement. Most activities within an organization’s annual workplan as part of the Main Street Approach should then be guided by Transformation Strategies and aligned with a direction and outcome. As part of our technical assistance, and to help make the new format easier to adopt, the National Main Street Center developed nearly 20 “off-the-shelf” strategies, known as Catalyst Strategies, that can be employed in a range of conditions across a variety of communities. These are, essentially, ready-made Transformation Strategies. They are a starting point and can be customized along the way. The goal of our service is to assist San Juan Bautista to identify the strategies that best fit by using information your community already has in-hand or that can be easily obtained through data and survey collection.

Scope of Work and Pricing
National Main Street Center, Inc. is pleased to provide a proposal to Brian Fouche and the city of San Juan Bautista Economic Development commission to provide services to support to development of a Main Street program in San Juan Bautista.

The Main Street Four Point Approach® is one of the most effective commercial revitalization strategies in the United States. For the past more than 40 years, the National Main Street Center (NMSC) has been instrumental in developing highly successful Main Street® programs in almost every state in the nation.

NMSC pioneered the use of the Main Street Approach in commercial districts.

1. Main Street 101 Basic Training
This four 3-hour session will cover the fundamentals of Main Street’s Refreshed Four-Point Approach as developed by the National Main Street Center. These sessions are designed for staff, board members, volunteers of local commercial district revitalization organizations, Community Assessment and Transformation Development | 6 elected officials, municipal staff, commercial property owners, merchants and anyone interested in revitalizing a commercial district, each workshop will provide a three- and one-half hour introduction on each point:

1. Organization

2. Design

3. Promotion

4. Economic Vitality
Each workshop will include a hands-on learning experience to complement the lecture and discussion. At the end of the workshop, participants will understand how the comprehensive Main Street Approach can be applied in their districts.

2. Community Asset Mapping, Engagement and Partnership Building This workshop will work with the San Juan Bautista district to identify their local assets and how to develop new and strengthen existing partnerships, resources options, branding and marketing activities, design enhancements to reflect local assets and business niches driven by key assets. As such this prioritization of assets along with market data can help facilitate the development of Transformation Strategies, which identify key business and customer niches for the neighborhood commercial corridors.

3. Transformation Strategy in downtown San Juan Bautista, CA- Develop customized Transformation Strategies that reflect the district’s position in the local and regional retail market using the inputs of community engaged vision, consumer and business data, market data and physical assessment, the transformation strategies are further informed by the district’s competitive advantages and disadvantages relative to other local and regional markets. The result will be 3-4 overarching transformation strategies designed to provide critical focus for the newly created programmatic effort over the next 2-3 years. The strategies will describe the products and services the district is in the best position to offer targeted customers, provide an analysis of the potential for growth in the retail, office, entertainment, and housing sectors, and offer insight into the kind of capital and physical improvements necessary to set the stage for successful business enterprise. Each transformation strategy will target either a specific customer group and/or business niche that provides a distinct competitive advantage for the selected commercial district.

A. Aligns the work for the 4-Point Approach around Transformation Strategies that reflect the market and community vision.

B. Builds local knowledge and understanding of your district’s economy to create a foundation for successful revitalization.

C. Identifies current strengths of the business mix and existing business clusters.

D. Supplies relevant consumer data to the revitalization program so it can help existing businesses become stronger.

E. Identifies opportunities for future business attraction and business cluster expansion.

F. Builds a strategic framework for niche development, including real estate development, business development, promotions, marketing, branding, etc.

4. Work Plan / Metrics Development
Community Assessment and Transformation Development | 7 This session works with the local community to refine existing work plans or develop a new work plan to ensure alignment with identified transformation strategies for success. This session will also work with the local community to create a tailored qualitative and quantitative metrices to allow the local organization and committee members to monitor progress and provide support for advocacy and fundraising efforts on behalf of the district.

Pricing: The total cost and timeframe to deliver the above-mentioned services, plus all associated travel costs are listed in the budget break-down below:

Services Number of
sessions
Cost Timeline
Main Street Fundamental Training – City Staff
and local community
2 $6500.00 September 2023
thru June 30, 2024
Transformation Strategy Development –
strategic driven programming.
1 $ 3,250.00 September 2023
thru June 30, 2024
Work Plan and Metrics Development &
Surveys
1 $3,000.00 July 2024 thru June
30, 2024
Travel costs $2,250.00 July 2024 thru June
30, 2024
Grand Total: $15,000.00
Community Assessment and Transformation Development | 8 Transformation Strategies Examples
A Transformation Strategy articulates a focused, deliberate path to revitalizing or strengthening a downtown or commercial district’s economy. Grounded by both an understanding of the underlying drivers of the local and regional economy, as well as community feedback and engagement, a Transformation Strategy should describe a market position that the commercial district can successfully fulfill.

An effective Transformation Strategy serves a particular customer segment, responds to an underserved market demand, or creates a differentiated destination.

Agricultural Economy:

Districts that serve agricultural communities and/or support home food production, locally-sourced food, and environmental sustainability.

Arts
Districts that support the development of creative industries, such as design, music, dance, as well as arts-related education, production, and distribution businesses.

College Towns
Districts that seek to make a strong connection with a nearby educational institution and attract students and faculty to local businesses.

Elder Friendly Aging in Place
Districts that help people continue living independently for as long as possible by providing goods, medical and social services, and a safe, accommodating, environment.

Food
Districts that aim to expand the role of food sales and food service by supporting the development of restaurants, cafes, caterers, farmers’ markets, and food production spaces.

Entertainment Nightlife
Districts that aim to attract evening-oriented activity that addresses the things people do when they go out for enjoyment, such as dining, drinking, music, and performing arts.

National Main Street Center
53 West Jackson Blvd. Suite 350
Chicago, IL 60604
mainstreet.org
A Roadmap to Revitalization
Learn more at mainstreet.org.

California Main Street communities use the Main Street Approach to guide their revitalization efforts. The Main Street Approach is a comprehensive framework that helps communities identify their assets and competitive advantage, and build from those
strengths. The Main Street Approach helps communities get started with revitalization, and grows with them over time.

The Approach at a Glance
• The Main Street Approach is centered around Transformation Strategies. A Transformation Strategy articulates a focused, deliberate path to revitalizing or strengthening a downtown or commercial district’s economy.
• A program’s work on Transformation Strategies should be organized around the Four Points: Economic Vitality, Design, Promotion, and Organization.
• A revitalization program’s work – and its Transformation Strategies – need to be informed by a solid understanding of local and regional market data and sustained and inclusive community engagement.

What Are Transformation Strategies?
Transformation Strategies – generated through meaningful community engagement and informed by an analysis of the district’s market position — help to guide a revitalization program’s work. An effective Transformation Strategy serves a particular customer segment, responds to an underserved market demand, or creates a differentiated destination.

Some "ready-to-use" strategies — called Catalyst Strategies — fall into two broad categories: those that are focused on a specific customer segment and those that are focused on an industry, product, or service segment.

Examples include:
• Workers and Residents
• Elder Friendly and Aging-in-Place
• Family-Friendly
• Agriculture Center
• Arts (performing and visual)
What Are the Four Points?
Transformation Strategies are implemented through
comprehensive work in four broad areas, known as the Four Points.

Economic Vitality focuses on capital, incentives, and other economic and financial tools to assist new and existing businesses, catalyze property development, and create a supportive environment for entrepreneurs and innovators that drive local economies.

Design supports a community’s transformation by enhancing the physical and visual assets that set the commercial district apart.

Promotion positions the downtown or commercial district as the center of the community and hub of economic activity, while creating a positive image that showcases a community’s unique characteristics.

Organization involves creating a strong foundation for a sustainable revitalization effort, including cultivating partnerships, community involvement, and resources for the district.

BENEFITS AND SERVICES
What We Offer
Our new membership program provides a much deeper level of services to communities. Here’s what you can take advantage of as a CAMS member:
• Registration for the annual CAMS statewide workshop for two participants
Join your peers across the state for this day of networking and professional development, and walk away with ideas
to help your downtown grow.
• Registration for the annual Main Street Now Conference for one participant
Network with peers from across the country, find solutions to common problems, and discover innovative techniques
and tools to help your community to thrive.
• Registration for all of your staff for three annual webinars Presented by National Main Street Center technical
services staff, these webinars will be on topics selected by CAMS membership, and provide practical ‘how-to’s’ for
building your organizational capacity, implementing the Main Street Approach, and bringing your revitalization
efforts to the next level.
• Unlimited Main Street America Institute online courses for one participant
Take advantage of the dozens of professional development opportunities provided by the Main Street America Institute, led by nationally recognized topic experts, on your own schedule. Courses include subject matter based around
the Main Street Approach’s Four Points (Design,
Organization, Promotion, and Economic Vitality), as well as a number of advanced principles topics.
• Monthly virtual check-ins
CAMS Members meet monthly to discuss pressing topics
for Main Streets and commercial districts. This networking opportunity allows members to connect with peers, share successes, and work through challenges.
• Opportunity to use Main Street America branding
Main Street America is a mark of distinction. It’s a seal recognizing that participating communities are part of a national movement with a proven track record for
transforming downtowns. CAMSA members can use the
brand to add to the credibility of their work and enhance community promotions.
• CAMS Quarterly Newsletter
Our quarterly e-newsletter features stories of success from our member across the state. Plus, the Quarterly highlights upcoming events and opportunities at the state and
national level.
• Eligibility for grant programs
CAMS members will have access to all foundation and
corporate grants and marketing partnerships that apply to California member communities.
• CAMS helpline
The first five hours of phone assistance from National Main Street Center technical services staff are included in
membership. Get practical advice directly from national experts!
• Discount on technical support services from National Main Street Center staff
Get a discount on specialized technical services from
national experts.
• CAMS Social Networks
Our Facebook and YouTube channels amplify the
initiatives of our members.
• Main Street America Members
Your CAMS membership also provides you with an annual
Main Street America membership! Learn more.

MEMBERSHIP
Over 40 communities have joined California Main Street since 1986. Whether you are a seasoned Main Street America program, a municipality just getting started in your revitalization effort, CAMSA membership has something to offer for you. Join
today to gain access to:
• Complimentary registration for conferences, workshops, and webinars;
• Discount on in-person technical services from experts in the field;
• One-on-one helpline support;
• Access to grants and special programs;
• And so much more!
Membership Dues: Annual CAMS membership dues are $1,675.

Note: you can opt for split billing on membership dues.

Interested in joining?
Contact Amanda Elliott, Director of the California Main Street Program.

Email Amanda
Submit your application today and join the following
communities:

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT
FROM: BRIAN FOUCHT, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: NOTICE OF INTENTION TO AMEND THE GENERAL PLAN BY

ACCEPTING URBAN GROWTH BOUNDARY AD HOC

COMMITTEE RECOMMENDED SPHERE OF INFLUENCE,

URBAN GROWTH BOUNDARY, PLANNING AREA
RECOMMENDED ACTION:

Staff recommends that the City Council adopt the attached Resolution with the following actions:
1) Accept the proposed Sphere of Influence (“SOI”), Urban Growth Boundary (“UGB”) and Planning Area boundaries recommended in the maps attached as Exhibit “A” to the Resolution from the Urban Growth Boundary Committee (“Committee”); 2) State the intention to Amend the 2035 General Plan targeting only those policies, objectives and programs affected by an amended Sphere of Influence, adoption of a Urban Growth Boundary and adoption of a Planning Area;
3) Direct the Urban Growth Boundary Ad Hoc Committee to work with San Benito County to establish a Planning Area and related Memorandum of Agreement/Understanding.

Or, direct staff as deemed appropriate, and schedule a second discussion concerning the adoption of the attached Resolution by continuing the matter to the next scheduled City Council meeting.

I. BACKGROUND SUMMARY:

In May of 2020 the City executed a contract with State Dept of Housing and Community Development (“HCD”) to prepare a Specific Plan for eventual annexation and additional housing development within the proposed Sphere of Influence (SOI) area South of Highway 156.

In the spring of 2020, the City learned from San Benito County Local Agency Formation Commission (“LAFCO”) that the proposed SOI depicted in General Plan Maps 2.2, 6.1, 6.2, and

6.3 had not been forwarded by the City to LAFCO for approval. The 1998 General Plan SOI remains as the City’s guide for future growth (Maps: Attachment 2).

Item # 8.C
City Council
October 17, 2023
Page | 2
General Plan policies and objectives also refer to an “Area of Concern” an “Urban Growth Boundary” and a “Greenbelt”; however, following adoption of the General Plan, the City had not attempted to 1) delineate an Urban Growth Boundary or a Greenbelt; 2) legislate a relationship between the proposed SOI and a UGB; or 3) reach agreement with San Benito County to inform the Area of Concern.

In June 2020 the City established an Ad-Hoc Committee to study the SOI and UGB status and recommend changes to better control growth. A mission statement was adopted by the Committee : “The mission of the Urban Growth/Sphere of Influence Ad-Hoc Committee is to establish limits to, and boundaries for, growth that will serve and protect the City of San Juan Bautista now and in the future. Councilmember Dan Devries, Mayor Mary Edge, Planning Commission Chair Scott Freels, Historic Resources Board Chair Luis Matchain and member at large Jackie Morris Lopez.

The first meeting was August 18, 2020, and by November 2020, the Committee had met 6-times.

Changes in City Council membership resulted in new appointments to the UGB Ad Hoc Committee: Council members Scott Freels and Mary Edge, and Planning Commissioners Luis Matchain, Jackie Morris – Lopez , with at large member E.J. Sabathia. This Ad-Hoc Committee met twice in November 2021 and December 2021, and reached agreement on a recommended map Sphere of Influence/Urban Growth Boundary encompassing much of the area delineated as the SOI in the General Plan (Attachment 3 ).

In early 2022 this recommendation was paired with a planning program (“South Area Specific Plan,” financed by $160,000 through a State HCD “SB2 Grant” authorized by City Council Resolutions 2019-44), due to extensive areas within the Specific Plan area located outside the City Limit which the General Plan proposed to be planned for new development. The combined recommended SOI and Specific Plan was named the San Juan Bautista Community Plan, now reframed as a “Plan” intended to amend the General Plan to accommodate both a new SOI depicting probable future City growth areas and probable and a Planning Area (Area of Concern).

Planning Commission recommended and City Council approved the Community Plan program February 15, 2022, City Council adopted Resolution 2022-13. This action was followed by community meetings and a joint Planning Commission and City Council meeting in May and June of 2022.

The City Council thereafter redirected consideration of the Community Plan back to the UGB Committee for further deliberation of the SOI and UGB. The Ad Hoc Committee conducted a public meeting and property owner outreach October 2022 – January 2023, conducting these activities in the context of a Sphere of Influence and Greenbelt concept (Attachment 3). Staff sent more than 80 letters on two different occasions to property owners living on property whose property is adjacent to but outside the City boundaries to inform them of the proposed changes to the SOI. Staff met with approximately 20-property owners to discuss the 2021 recommended SOI.

During the first quarter of 2023, the UGB Ad Hoc Committee acquired new members: Planning Commissioners Dan Devries and David Madeiros, City Council members Scott Freels and Jackie- Item # 8.C
City Council
October 17, 2023
Page | 3
Morris – Lopez and at – large member, Chris Martorana. The UGB Ad Hoc Committee reviewed the Greenbelt model established in 2022, considered property owner input and established a draft Sphere of Influence and Greenbelt. The Committee also reviewed resource and constraints maps including soils, slopes, fire, flood and geologic hazard areas. The Committee concluded that many areas of the Sphere of Influence depicted in the General Plan are areas of prime soils, constrained by Agriculture Land Conservation Contracts or were areas of steep slopes, very high fire hazard, flood hazard, and geologic hazards.

II. RECOMMENDATION:

During the period 2021-2023 the UGB Ad Hoc Committee has diligently attempted to determine the interplay between the Sphere of Influence and Urban Growth Boundary, Greenbelt, or Planning Area (General Plan Area of Concern). The tension point in all of these discussions has been to determine how best protect the historic character of the community. This tension can best be described as follows:
• A relatively more expansive Sphere of Influence, wherein the City has legislative control and influence, enables an Urban Growth Boundary outside current City Limits that effectively influences the extent of development to protect the City’s historic open space context.
• A more restrictive Sphere Of Influence places greater importance on the role of the Area Of Concern (Planning Area) and coordination with San Benito County, to achieve this objective.

The Ad Hoc Committee in 2023 considered models from several communities to that would put the City in the best position to address future growth potential while influencing land use policy within areas considered essential for open space conservation. This careful review included examples of active interagency agreement and coordination necessary to stabilize urban growth boundaries, achieving mutually beneficial goals of protection of open space for conservation, agriculture and resource production.

The following Sphere of Influence, Urban Growth Boundary and Planning Area descriptions are provided to define the role of each of these areas recommended by the Committee and are intended to accompany the delineation maps that the Committee recommends for City Council adoption.

Sphere of Influence
A sphere of influence is a planning boundary outside of an agency’s legal boundary (such as the city limit line) that designates the agency’s probable future boundary and service area.

Factors considered in a sphere of influence review focus on the current and future land use, Item # 8.C
City Council
October 17, 2023
Page | 4
the current and future need and capacity for service, and any relevant communities of interest.

The application to LAFCo to establish a SOI is first accomplished via a General Plan Amendment. Corteze/Knox Herzberg (CA Code) Section 56425(e) describes the criteria for establishing an SOI as follows :
(1) The present and planned land uses in the area, including agricultural and open-space lands. (2) The present and probable need for public facilities and services in the area. (3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide.
(4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. (5) … the present and probable need for those public facilities and services of any disadvantaged unincorporated communities within the existing sphere of influence.

Spheres for all cities and special districts are reviewed every five years.

Urban Growth Boundary (UGB)
An Urban Growth Boundary is established by the General Plan. The Committee’s recommended UGB is an area that coincides with the City Limit on the North, South and West, and is within the City Limit on the East. The recommended UGB is intended to prohibit urban development and the extension of services to lands outside that boundary. The following General Plan policies would apply to this area. restrict urban development to those areas so delineated.

HO 4.1.4.1Maintain an Urban Growth Boundary to promote new growth in desirable areas and protect prime agricultural lands and viewsheds
Policy PF 1.2.3 Provide extensions of City potable water service only to properties within the designated sphere of influence. Do not extend service or sell capacity to development on agricultural or open space lands outside the City’s Urban Growth Boundary.

Planning Area
Three key features underly the Planning Area concept: 1) Information from the County regarding policies, programs, regulations, and development within the recommended area and 2) Mutual consideration by SJB and County input; and 3) Concerted City and County action.

Implementation methods, timing and anticipated results are proposed to be determined within a MOU or MOA between SJB and the County. The Planning Area is intended to offer a similar level of assurance as the Area of Concern expressed in General Plan Policy 4.4.1, referenced below, with the effective influence of this area determined solely through agreement with the County.

Item # 8.C
City Council
October 17, 2023
Page | 5
III. CONSIDERATIONS
General Plan and Municipal Code Provisions related to and affected by the SOI/UGB/Planning Area Recommendation
The following are existing policies and laws from General Plan and Municipal Code that are related to the recommended SOI, UGB, and Planning Area. These laws, policies, and regulations, will need to be reviewed, reconsidered, updated and amended as part of any General Plan Amendment to incorporate a modified SOI, UGB or Planning Area (referenced below as the “Area of Concern”), such as that recommended by the Ad Hoc Committee recommendations.

A. General Plan

2.1.4 Area of Concern & Sphere of Influence: “The Area of Concern is the area covered by the General Plan. It includes the City and any land outside that relates to the City’s planning extending beyond the sphere of influence for a total of 3,842 acres. Map 2.2 identifies the proposed Area of Concern and Sphere of Influence for the City.” As proposed by the Committee this will change to 0 acres.

4.4.1 Boundaries & Limits: An Area of Concern encompasses and extends beyond the city limits and SOI and bears relation to the City’s planning. Any project in this area of the County should notify the City and receive input. Map 4.1 shows the existing City limits, while Map 4.2 shows the proposed boundaries for the City’s limits, SOI, and Area of Concern. San Juan Bautista 2035 General Plan.
“Preferred Growth Scenario: 6.2.2 Conceptual Land Uses The Preferred Scenario emphasizes infill development along key corridors connecting the main entry gateways of the City to the downtown.

Growth in these specific areas can help San Juan Bautista meet its future commercial and residential needs more efficiently. The four areas selected to accommodate future growth needs are: • North 3rd Street Extension • Muckelemi Street at Monterey Street • Historic Downtown • South of State Route 156.” As proposed by the Committee this is a significant change. How will San H=Juan Baustista meet its future needs? For housing the answer will be via infill development and perhaps higher intensity zoning (taller buildings”) “Map 6.1 shows the conceptual land uses proposed under the Preferred Scenario. Map 6.2 depicts new proposed City boundaries where land use is controlled by the City, including an expansion in the southeast portion of the city and a slight expansion to the north. Map 6.3 depicts a proposed expanded sphere of influence (SOI), which defines the city’s ultimate service area and lands for potential future annexations. Map 6.3 also shows the proposed area of concern, which is larger than the SOI and is also related to future planning for the City.” (see attached maps) Policy PF 1.2.3 Provide extensions of City potable water service only to properties within the designated sphere of influence. Do not extend service or sell capacity to development on agricultural or open space lands outside the City’s Urban Growth Boundary. Will the City extend water services beyond its political boundaries/proposed SOI, will existing services extend beyond the boundaries be allowed to continue?
Item # 8.C
City Council
October 17, 2023
Page | 6
Program LU 2.1.1.4 Identify the extent to which existing utility capacity can accommodate future development. This will come from a new Municipal Services review as part of the LAFCO application.

LU 3.2.1.1 Develop urban growth boundaries to successfully limit sprawl but do not restrict development to avoid home price increases.

LU 3.2.1.3 Create a green belt zone around the city to maintain the distinct boundaries and the small town feel and to limit sprawl. A greenbelt zone is not being proposed.

HO 4.1.4.1 Maintain an Urban Growth Boundary to promote new growth in desirable areas and protect prime agricultural lands and viewsheds.

OS 4.1.2.3 Discourage subdivision of parcels in agricultural production. Minimum parcel size should be 20 acres and 40 acres for non-irrigated land. There are no 20-acre parcels within the existing City boundary being used for Ag production.

B. Municipal Code:
6-4-111 Water service outside City – Annexation.

Property outside the City limits requesting new water service connection shall be required to annex or enter into an irrevocable offer to annex the property into the City limits prior to connections to City’s water distribution system. The property will be responsible to install, construct and extend, to the City’s standards, all water mains, lines and water appurtenances to the property boundaries at the sole cost of the property owners and pay all connection fees, impact fees, water meter cost, shut off valves, water service laterals, water valves, fire hydrants and other appurtenances associated with water services to said property. The property if outside City limits, will be outside the SOI too, and cannot be annexed.
5-9-600 Outside the City – Approval required.

Except when authorized by resolution of the City Council, which resolution shall contain such terms and conditions and fix such fees as the City Council shall deem appropriate, no sewer connection permit shall be issued for, nor shall any sewer connection be made to serve, any premises or property located outside the corporate limits of the City.

C. Future Growth Implications To Be Evaluated Through A General Plan Amendment

1. The City would be wholly dependent upon infill development for increases in property tax revenue.

2. The General Plan amendment would need to assess the infill development potential of existing residential areas and higher density zoning (height, setbacks, FAR) would be necessary to meet a modest demand for housing.

Item # 8.C
City Council
October 17, 2023
Page | 7

3. The City anticipates a growth rate of 1.9% per year, projected to reach just under 2,500 population in 2031, near the end of the General Plan planning horizon. This rate of growth is tied to financing for infrastructure improvements. An assessment of the growth potential in existing areas and the need for additional development to finance improvements will need to be addressed as part of a General Plan Amendment. Municipal Services Review will parallel the General Plan Amendment.

4. Municipal Code provisions referenced above would make it impossible to extend water service to customers outside the City Limit, as any property outside the City Limit would also be outside the City’s Sphere of Influence. Similarly, the recommended Urban Growth Boundary would prohibit undeveloped properties within the East portion of the City from receiving City services.

5. The feasibility of methods of attaining important infrastructure improvements, flood hazard mitigation in particular, south of Hwy 156 and in the north-west portion of town.

These areas convey flood waters from outside the City limits. An assessment is necessary to determine if with or without additional development, flood control measures can be constructed by which jurisdiction, and this will also impact the General Plan amendment.

IV NEXT STEPS
A. Resolution of Intention To Amend The General Plan; County Acceptance and LAFCO Review and Approval
Acceptance of Ad Hoc Committee recommendation would be followed by a series of activities and actions first initiated by a City Council resolution of intention to amend the General Plan. The above referenced Community Plan, currently on hiatus pending completion of the Ad Hoc Committee recommendation, is the best available vehicle to completing a “targeted” General Plan amendment that addresses only those policies affected by the recommendation. The scope of work of this plan would be reframed to address the importance of infill development the need for coordination with the County within the Planning Area.

The amendment process would include community engagement and interagency coordination necessary to establish a SOI/UGB and the Planning Area. The City is required to meet with the County prior to submitting an application to LAFCO under GC section 56425(b). If the two parties reach agreement, then the City submits the SOI update to LAFCO and the Commission is to place “great weight” on this agreement to the extent it is consistent with Commission policies. If the Commission’s final action is consistent with the agreement, the City and County shall adopt their agreement at a noticed public hearing, and future decisions within the sphere shall be consistent with the agreement. The City will need to conduct a Item # 8.C
City Council
October 17, 2023
Page | 8
planning exercise at the General Plan level to conclude this overall process (see attached scope of work).

In recent discussions with LAFCO about San Juan Bautista’s MSR/SOI, the following steps have been identified.

1. City accepts the proposed SOI-UGB and Planning Area boundaries, and comes to agreement with the County regarding the impact of this change and requirement to keep the City informed of all future development concerns within the Planning Area.

2. Discuss with San Benito County a prospective boundary with text, figures and acreages for various land use designations. The map would be accompanied by prospective land use designations, calibrated for 1.9% population growth over the life of the General Plan (2035), basic employment and services assumptions;

3. The City would pre-adopt GP designations and pre-zone the map to include new text, figures and acreages for the various land use designations;

4. City will adopt a related CEQA document to address these changes. As for CEQA, the General Plan has a fairly recent EIR, so it will be necessary to prepare a supplemental or subsequent EIR to address transport VMT requirements and various housing policies that may not have been addressed earlier will need to be addressed.

5. Once adopted by the City Council, the City will apply to LAFCO with the County approved agreement seeking approval to accept the updated the SOI and accompanying MSR update with corresponding processing fees. If the City goes after additional planning grant funding, it may be advisable to include these processing costs in the application.

6. The Commission will decide the final SOI boundary and contents of the MSR which may or may not match what was requested by the City. For this reason, it is good to keep LAFCO informed during the process so important issues can be addressed before final City Council action, if possible.

B. Municipal Service Review (MSR)
Government Code section 56430(a) states that LAFCO shall conduct a service review of the municipal services provided in the county or other appropriate area designated by the Commission in order to update a sphere of influence under Government Code section 56425. An updated MSR is required prior to adoption of a revised Sphere of Influence.

The only MSR for San Juan Bautista was completed in 2007. The MSR update relationship to the proposed SOI is to evaluate 7 factors (identified in the Government Code section) that have to do with:

Item # 8.C
City Council
October 17, 2023
Page | 9
• growth and population projections relying on General Plan growth projections and any related COG information;
• the location of any disadvantaged communities around the agency (and this would also include the agency “City” itself);
• the present and planned capacity of public facilities and related needs and deficiencies; • the financial ability of the agency to provide those services; • status and opportunity for shared facilities - such as the proposed sewer and water system connections and opportunities for shared fire and police services; • accountability for community service needs including government structure (which has more to do with special districts); and
• any other matter related to effective and efficient service the Commission identifies by their own policy.

Completion of the MSR is an important element of the General Plan Amendment process and may influence General Plan conclusions regarding the location, extent and density of land uses necessary to maintain services.

C. Budget Considerations
In February 2023, the City Manager reported to the City Council that over three years has budgeted $110,000 from the General Fund and spent $6,800 not including staff time. This amount has been augmented by a $160,000 Grant from HCD (SB2) and has spent $133,350. Of $270,000, $129,000 remains. Prior to requesting reimbursement from HCD to cover consultant expenses during 2021-22, the City must reframe the Scope of Work of the Community Plan referenced above and recalibrate funds needed to address the Committee recommendation. HCD has given the City flexibility to reframe the Scope of Work during the next six weeks and thereafter to complete work on the Community Plan within the first quarter of 2024. Additional funds from the General Fund may be needed in 2024 to complete the Community Plan, related CEQA documentation Sphere of Influence Proposal to LAFCO.

Attachments:

1. Resolution (includes Exhibit “A”: SOI/UGB/Planning Area recommended mapped areas)

2. General Plan Maps

3. Maps and diagrams: Urban Growth Boundary Committee deliberations Page | 1
RESOLUTION NO. 2023-XX

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

STATING THE INTENTION TO UNDERTAKE A TARGETED AMENDMENT OF THE 2016-2035 GENERAL PLAN TO INCORPORATE, AS IT MAY BE AMENDED

THROUGH THAT PROCESS, THE RECOMMENDATION OF THE URBAN GROWTH

BOUNDARY AD HOC COMMITTEE REGARDING A SPHERE OF INFLUENCE,

URBAN GROWTH BOUNDARY AND PLANNING AREA
WHEREAS, in June of 2020 the City Council was informed by LAFCO that the proposed Sphere of Influence reference in 2016-2035 General Plan Maps 2.2, 6.1-6.3 had not been submitted by the City for LAFCO approval, resulting in an inconsistency between the adopted Sphere of Influence and the Sphere of Influence represented in the 2016-2035 General Plan; and WHEREAS, the Area of Concern referenced in General Plan Maps 2.2 and 6.3 has not been implemented and an Urban Growth Boundary referenced in the General Plan has not been delineated; and
WHEREAS, establishment of a Sphere of Influence and implementation of the Area of Concern (Planning Area) are vital to the protection of the City’s historical character and setting which underpins the City’s cultural and economic well-being and community values; and WHEREAS, in August of 2020 the City established an Urban Growth Boundary Ad Hoc Committee (“UGB Ad Hoc Committee”) to determine the optimal method of protecting the City’s historical character by protecting the open space resource values surrounding the City. The Mission of the UGB Committee is stated as follows: The mission of the Urban Growth/Sphere of Influence Ad-Hoc Committee is to establish limits to, and boundaries for growth that will serve and protect the City of San Juan Bautista now and in the future; and WHEREAS, during the period 2021-2023 the UGB Ad Hoc Committee diligently considered two competing perspectives involving the Sphere of Influence and Urban Growth Boundary, Greenbelt, or Planning Area (General Plan Area of Concern) described by the following two perspectives:
• A relatively more expansive Sphere of Influence provides the City with legislative control and influence, enabling creation of an Urban Growth Boundary outside current City Limits that effectively controls the extent of development sufficient to protect the City’s historic open space context.
• A more restrictive Sphere of Influence emphasizes the primary role of the Area Of Concern (Planning Area) within which measures agreed upon with San Benito County, to achieve open space resource protection within that delineated area.

WHEREAS, to resolve this question, the UGB Ad Hoc Committee considered a variety of factors, including property owner and community input and resource and Page | 2
development constraints to determine recommendations for Sphere of Influence, Urban Growth Boundary and Planning Area (coterminous with Area Of Concern); and WHEREAS, the UGB Ad Hoc Committee has recognized that a recommendation to change the delineation of these areas within the General Plan and which will be formally adopted by LAFCO will require amendment to certain General Plan policies, objectives and programs.

NOW THEREFORE, BE IT RESOLVED, the City Council hereby adopts the following:
1) Accept the proposed Sphere of Influence, Urban Growth Boundary and Planning Area boundaries recommended in the maps attached as Exhibit A to the Resolution from the UGB Ad Hoc Committee;
2) State the intention to Amend the 2035 General Plan targeting only those policies, objectives and programs affected by an amended Sphere of Influence, adoption of an Urban Growth Boundary and adoption of a Planning Area;
3) Direct the UGB Ad Hoc Committee to work with San Benito County to establish a Planning Area and related Memorandum of Agreement/Understanding.

PASSED AND APPROVED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________
Leslie Q. Jordan, Mayor

ATTEST:
_____________________________
Elizabeth Soto, Deputy City Clerk
Exhibit A- two maps- 1: SOI and UGB, and 2) Planning Area

Item: 9.D
City Council Meeting
October 17, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: ADMINISTRATION
FROM: DON REYNOLDS, CITY MANAGER
TITLE: FILL A VACANCY ON THE PLANNING COMMISSION /

HISTORIC RESOURCES BOARD
RECOMMENDED MOTION:

Receive feedback from the AdHoc Committee, and direct the City Council to act in one of three possible ways:

Because interviews were not done together by the AdHoc Committee, consider the process as incomplete, and either
a. Re-direct the AdHoc Committee to interview the candidates together; b. Appoint a new Ad-Hoc Committee; or
c. Consider re-opening the application process for one position on the Planning Commission/HRB.

BACKGROUND:

This is the chronology of the efforts in 2023 to fill the vacancy on the Commission:

June 2 Vacancy (Commissioner Mishelle Newkirk-Smith – Resigned) June 26 Flyer posted on city website and in the standard three posting locations July 18 Ad Hoc Committee Formed – Mayor Pro Tem Freeman / Councilmember MorrisLopez July 28 New deadline to submit applications
August 15 Vote on one application received – Council declined application / Council motioned to re-open the application process
August 29 New deadline to submit applications – 2 applications received Below is the City’s Municipal Code 2-3 (D):

Page | 2
The AdHoc Committee did not get together interview the two applicants for the one vacant position.

Item: 10.A
City Council
October 17, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS, CITY MANAGER
TITLE: FIRST STEPS IN CONSIDERING AND ESTABLISHING A GOLF

CART/NEV TRANSPORTATION PLAN IN SAN JUAN BAUTISTA
RECOMMENDED ACTION:

Direct Staff to:

1. Hold a Public Workshop to obtain community input on developing a Golf Cart/ Neighborhood Electric Vehicle (NEV) Plan for The City of San Juan Bautista.

2. Authorize Staff to prepare an RFP to select and engage a Transportation Professional to moderate this workshop and prepare a summary report with recommendations and potential findings for Council Consideration. This report will define next steps which may include “no action” or may recommend adding the project to the Strategic Plan and implementation as appropriate.

BACKGROUND AND DISCUSSION:

On September 22, 2022 City Council was introduced to the concept of adopting a Golf Cart/NEV Plan as the first step in implementing an ordinance to allow and regulate these vehicles for use on City Streets. The Council, upon learning that State and local laws do not prohibit certain qualifying vehicles from currently operating on local streets, indicated that no action would be taken at that time, and requested additional information. The purpose of this report is to provide information for consideration and potential action.

The following information and definitions serve as a background to understand current laws and the planning process to adopt a Golf Cart/NEV Plan and Ordinance.

DEFINITIONS: VEHICLE CODE AND AB584
Several portions of the California Vehicle Code (CVC) regard golf carts as motor vehicles, including CVC 345, CVC 4019, and CVC 21115. AB584 requires a NEV Plan that defines what a legal NEV is, and requires a CA Driver’s License, and insurance to operate one. This law identifies where golf-cart lanes can be developed within the city by a traffic engineer and Restricts the use of a golf cart or NEV to these special designated areas. It defines three types of golf cart lanes, with the most applicable to San Juan Bautista being “Class III lanes” which provide for Item: 10.A
City Council
October 17, 2023
Page | 2
shared use with automobile traffic on streets with speeds of 35 miles or less. Every street in San Juan Bautista meets this criterion. They can cross state highways where traffic is controlled.

DEFINITION - GOLF CART: Under the law, a golf cart is defined as a motor vehicle with four wheels and weighs less than 1,300 pounds when unloaded and is designed to be operated at no more than 15 mph. By design, it carries golf equipment and should have no more than two people on board including the driver.

Golf carts are street legal in California – but only when they’re properly equipped. A street-legal version of a golf cart is a motor vehicle that is based on the traditional body design made to carry golf equipment but has been modified to meet California’s requirements for street driving. To be street legal, a golf cart must have the following equipment, according to the DMV:
• A minimum of one headlamp
• A minimum of one tail lamp
• A minimum of one stop lamp
• Front and rear turn signals
• Front and side reflectors
• A rear reflector
• A rear-view mirror that shows 200 feet to the rear
• A horn
• Fenders
• A windshield made of safety glass
• Windshield wipers
DEFINITION - NEV: Some “golf carts” are technically considered Low-Speed Vehicles (LSV’s) or Neighborhood Electric Vehicle (NEV’s) instead of golf carts under California law. If a vehicle has four wheels and weighs less than 3,000 pounds but can exceed 20 mph, it is considered a LSV or NEV, and must be registered. The law says registered LSV/NEVs should:
• Have 17-digit vehicle identification numbers (VINs)
• Meet Federal Motor Vehicle Safety Standards (FMVSSs) for operating on public roadways
• Be operated by someone with a valid California driver’s license • Be covered by insurance
TITLE AND REGISTRATION- Standard golf carts operating solely on golf courses are not typically titled. They operate at low speeds and stay within the borders of the golf course, plus they don’t have the necessary equipment to be street legal. However, to drive a golf cart anywhere beyond one mile of a golf course, it should be titled and registered with the state of California. If you operate an LSV/NEV, the title/registration process is required.

Item: 10.A
City Council
October 17, 2023
Page | 3
DISCUSSION:

IS A GOLF CART/NEV PLAN NECESSARY?
Developing a Plan and Ordinance would only be advantageous if the Council and community agree that:

1. Expanded use of golf carts/NEV’s should be encouraged, and use of these vehicles would benefit the general local community.

2. Current use, without regulation and enforcement would be detrimental to the safety of the community.

3. Parking and storage of these vehicles in relation to the public right-of-way should be regulated.

ELEMENTS OF A GOLF CART/NEV PLAN:
• Hold public workshops, as appropriate to determine the desirability and need for a Golf Cart/NEV Transportation Plan.
• Prepare and Adopt a Golf Cart/NEV Transportation Plan. Golf Carts and NEV’s as a form of “multi-modal transportation.”
• Describe impacts and benefits of accommodating Golf Carts and NEV’s. These considerations may include environmental (air quality, energy, climate change, etc), business and commerce, convenience, sense of community, individual and local economics.
• Assess vehicle equipment, operation, parking, and storage requirements. • Assess routes, signage, pavement legends.
• Assess mobility and accessibility provisions.
• Seek input from the community, COG, Cal-Trans, and law enforcement. • Develop appropriate local Standards.
• The City Council must make specific findings addressing safety. • Develop a funding strategy, which may include active transportation plan funds, or other regional or State grants, as well as Traffic Impact Fee or other local transportation funding sources.

ATTACHMENT:

State Law 2010
Bill Text - AB-584 Neighborhood electric vehicles. 9/10/21, 17:15 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100AB584 Page 1 of 5 SHARE THIS:

AB-584 Neighborhood electric vehicles. (2009-2010)
Assembly Bill No. 584
CHAPTER 437
An act to add and repeal Chapter 8.1 (commencing with Section 1966) of Division 2.5 of the Streets and Highways Code, and to amend Sections 21251 and 21260 of the Vehicle Code, relating to neighborhood electric vehicles.
[ Approved by Governor September 29, 2010. Filed with Secretary of State September 29, 2010. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 584, Huber. Neighborhood electric vehicles.

Existing law defines “low-speed vehicle” for purposes of the Vehicle Code as a motor vehicle, other than a motortruck, with 4 wheels that is capable of a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour on a paved level surface and that has a gross vehicle weight rating of less than 3,000 pounds. Existing law imposes certain restrictions on the use of low-speed vehicles on public streets and highways, and generally requires an operator of a low-speed vehicle to have a driver’s license. A low-speed vehicle is also known as a neighborhood electric vehicle. A violation of the Vehicle Code is an infraction, unless otherwise specified.

Existing law authorizes a city or county to establish a golf cart transportation plan subject to the review of the appropriate transportation planning agency and traffic law enforcement agency. Existing law provides that operating a golf cart other than on an authorized roadway is an infraction punishable by a fine not exceeding $100. Existing law authorizes, until January 1, 2012, the City of Lincoln and the City of Rocklin in the County of Placer to establish a neighborhood electric vehicle transportation plan and authorizes, until January 1, 2013, the County of Orange to establish a neighborhood electric vehicle transportation plan for the Ranch Plan Planned Community in that county. A person operating a neighborhood electric vehicle in a plan area in violation of certain provisions is guilty of an infraction punishable by a fine not exceeding $100.

This bill, until January 1, 2016, would authorize the County of Amador and the Cities of Jackson, Sutter Creek, and Amador City, jointly or individually, to establish a similar neighborhood electric vehicle transportation plan, and would make a person in violation of certain provisions subject to the same penalties. The bill would also require the plan to be submitted to the Director of Transportation for approval. The bill would require a report to the Legislature by January 1, 2015. Because the bill would create a new crime, it would impose a stateHome Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - AB-584 Neighborhood electric vehicles. 9/10/21, 17:15 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100AB584 Page 2 of 5 mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

This bill would incorporate additional changes to Sections 21251 and 21260 of the Vehicle Code made by this bill and AB 1781 to take effect if both bills are chaptered and this bill is chaptered last.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Chapter 8.1 (commencing with Section 1966) is added to Division 2.5 of the Streets and Highways Code, to read:

CHAPTER 8.1. Neighborhood Electric Vehicle Transportation Plan for the County of Amador and the Cities of Jackson, Sutter Creek, and Amador City
1966. It is the intent of the Legislature, in enacting this chapter, to authorize the County of Amador and the Cities of Jackson, Sutter Creek, and Amador City to establish a neighborhood electric vehicle (NEV) transportation plan. The purpose of this NEV transportation plan is to further the vision of creating a sustainable development that reduces gasoline demand and vehicle emissions by offering a cleaner, more economical means of local transportation within the plan area. It is the further intent of the Legislature that this NEV transportation plan be designed and developed to best serve the functional travel needs of the plan area, to have the physical safety of the NEV driver’s person and property as a major planning component, and to have the capacity to accommodate NEV drivers of every legal age and range of skills. 1966.1. The following definitions apply to this chapter:
(a) “Plan area” means any portion of the unincorporated area of the County of Amador, and of the Cities of Jackson, Sutter Creek, and Amador City, and any streets and roads under the jurisdiction of any of those entities, to the extent the entity has adopted a NEV transportation plan pursuant to Section 1966.2, including the privately owned land of any owner that consents to its inclusion in the plan. (b) “Neighborhood electric vehicle” or “NEV” means a low-speed vehicle as defined by Section 385.5 of the Vehicle Code.
(c) “NEV lanes” means all publicly or privately owned facilities that provide for NEV travel including roadways designated by signs or permanent markings which are shared with pedestrians, bicyclists, and other motorists in the plan area.
1966.2. (a) The County of Amador, and the Cities of Jackson, Sutter Creek, and Amador City, jointly, or any of these entities individually, may, by ordinance or resolution, adopt a NEV transportation plan for the plan area. (b) The transportation plan shall have received a prior review and the comments of the Amador County Transportation Commission and any agency having traffic law enforcement responsibilities in an entity adopting a plan.
(c) The transportation plan may include the use of a state highway, or any crossing of the highway, subject to the approval of the Department of Transportation.
1966.3. The transportation plan shall include, but need not be limited to, all of the following elements:
(a) Route selection, which includes a finding that the route will accommodate NEVs without an adverse impact upon traffic safety, and will consider, among other things, the travel needs of commuters and other users.

Bill Text - AB-584 Neighborhood electric vehicles. 9/10/21, 17:15 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100AB584 Page 3 of 5 (b) Transportation interfacing, which shall include, but not be limited to, coordination with other modes of transportation so that a NEV driver may employ multiple modes of transportation in reaching a destination in the plan area.
(c) Provision for NEV-related facilities, including, but not limited to, special access points, special NEV turnouts, and NEV crossings.
(d) Provisions for parking facilities at destination locations, including, but not limited to, community commercial centers, golf courses, public areas, and parks. (e) Provisions for special paving, road markings, signage, and striping for NEV travel lanes, road crossings, parking, and circulation, as appropriate.
(f) Provisions for NEV electrical charging stations.
(g) NEV lanes for the purposes of the transportation plan shall be classified as follows:
(1) Class I NEV routes provide for a completely separate right-of-way for the use of NEVs. (2) Class II NEV routes provide for a separate striped lane adjacent to roadways with speed limits of 55 miles per hour or less.
(3) Class III NEV routes provide for shared use by NEVs with conventional vehicle traffic on streets with speed limits of 35 miles per hour or less.
1966.4. If an entity adopts a NEV transportation plan for the plan area pursuant to Section 1966.2, it shall do all of the following:
(a) Establish minimum general design criteria for the development, planning, and construction of separated NEV lanes, including, but not limited to, the design speed of the facility, the space requirements of the NEV, and roadway design criteria, if the plan envisions separated NEV lanes. (b) In cooperation with the department, establish uniform specifications and symbols for signs, markers, and traffic control devices to control NEV traffic; to warn of dangerous conditions, obstacles, or hazards; to designate the right-of-way as between NEVs, other vehicles, and bicycles, as may be applicable; to state the nature and destination of the NEV lane; and to warn pedestrians, bicyclists, and motorists of the presence of NEV traffic.
(c) Submit the transportation plan to the director for approval following a review and recommendation by the California Traffic Control Devices Committee.
1966.5. If an entity adopts a NEV transportation plan for the plan area pursuant to Section 1966.2, it shall also adopt all of the following as part of the plan:
(a) NEVs eligible to use NEV lanes shall meet the safety requirements for low-speed vehicles as set forth in Section 571.500 of Title 49 of the Code of Federal Regulations. (b) Minimum safety criteria for NEV operators, including, but not limited to, requirements relating to NEV maintenance and NEV safety. Operators shall be required to possess a valid California driver’s license and to comply with the financial responsibility requirements established pursuant to Chapter 1 (commencing with Section 16000) of Division 7 of the Vehicle Code.
(c) (1) Restrictions limiting the operation of NEVs to NEV routes identified in the transportation plan, and allowing only those NEVs that meet the safety equipment requirements specified in the plan to be operated on those routes.
(2) Any person operating a NEV in the plan area in violation of this subdivision is guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100).

Bill Text - AB-584 Neighborhood electric vehicles. 9/10/21, 17:15 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100AB584 Page 4 of 5 1966.6. (a) If any of the entities described in subdivision (a) of Section 1966.2 adopt a NEV transportation plan pursuant to this chapter, the adopting entity or entities shall submit a report to the Legislature on or before January 1, 2015, in consultation with the Department of Transportation, the Department of the California Highway Patrol, and local law enforcement agencies.
(b) The report shall include all of the following:
(1) A description of the NEV transportation plan and its elements that have been authorized up to that time. (2) An evaluation of the effectiveness of the NEV transportation plan, including its impact on traffic flows and safety.
(3) A recommendation as to whether this chapter should be terminated, continued in existence applicable solely to the County of Amador and the Cities of Jackson, Sutter Creek, and Amador City, or expanded statewide.
1966.7. This chapter shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.

SEC. 2. Section 21251 of the Vehicle Code is amended to read:
21251. Except as provided in Chapter 7 (commencing with Section 1963), Chapter 8 (commencing with Section 1965), and Chapter 8.1 (commencing with Section 1966) of Division 2.5 of the Streets and Highways Code, and Sections 4023, 21115, and 21115.1, a low-speed vehicle is subject to all the provisions applicable to a motor vehicle, and the driver of a low-speed vehicle is subject to all the provisions applicable to the driver of a motor vehicle or other vehicle, when applicable, by this code or another code, with the exception of those provisions that, by their very nature, can have no application.

SEC. 2.5. Section 21251 of the Vehicle Code is amended to read:
21251. Except as provided in Chapter 7 (commencing with Section 1963), Chapter 7.1 (commencing with Section 1964), Chapter 8 (commencing with Section 1965), and Chapter 8.1 (commencing with Section 1966) of Division 2.5 of the Streets and Highways Code, and Sections 4023, 21115, and 21115.1, a low-speed vehicle is subject to all the provisions applicable to a motor vehicle, and the driver of a low-speed vehicle is subject to all the provisions applicable to the driver of a motor vehicle or other vehicle, when applicable, by this code or another code, with the exception of those provisions that, by their very nature, can have no application.

SEC. 3. Section 21260 of the Vehicle Code is amended to read:
21260. (a) Except as provided in paragraph (1) of subdivision (b), or in an area where a neighborhood electric vehicle transportation plan has been adopted pursuant to Chapter 7 (commencing with Section 1963), Chapter 8 (commencing with Section 1965), or Chapter 8.1 (commencing with Section 1966) of Division 2.5 of the Streets and Highways Code, the operator of a low-speed vehicle shall not operate the vehicle on any roadway with a speed limit in excess of 35 miles per hour.
(b) (1) The operator of a low-speed vehicle may cross a roadway with a speed limit in excess of 35 miles per hour if the crossing begins and ends on a roadway with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees.
(2) Notwithstanding paragraph (1), the operator of a low-speed vehicle shall not traverse an uncontrolled intersection with any state highway unless that intersection has been approved and authorized by the agency having primary traffic enforcement responsibilities for that crossing by a low-speed vehicle.

SEC. 3.5. Section 21260 of the Vehicle Code is amended to read:

Bill Text - AB-584 Neighborhood electric vehicles. 9/10/21, 17:15 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=200920100AB584 Page 5 of 5 21260. (a) Except as provided in paragraph (1) of subdivision (b), or in an area where a neighborhood electric vehicle transportation plan has been adopted pursuant to Chapter 7 (commencing with Section 1963), Chapter

7.1 (commencing with Section 1964), Chapter 8 (commencing with Section 1965), or Chapter 8.1 (commencing with Section 1966) of Division 2.5 of the Streets and Highways Code, the operator of a lowspeed vehicle shall not operate the vehicle on any roadway with a speed limit in excess of 35 miles per hour. (b) (1) The operator of a low-speed vehicle may cross a roadway with a speed limit in excess of 35 miles per hour if the crossing begins and ends on a roadway with a speed limit of 35 miles per hour or less and occurs at an intersection of approximately 90 degrees.
(2) Notwithstanding paragraph (1), the operator of a low-speed vehicle shall not traverse an uncontrolled intersection with any state highway unless that intersection has been approved and authorized by the agency having primary traffic enforcement responsibilities for that crossing by a low-speed vehicle.

SEC. 4. Section 2.5 of this bill incorporates amendments to Section 21251 of the Vehicle Code proposed by both this bill and AB 1781. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) each bill amends Section 21251 of the Vehicle Code, and (3) this bill is enacted after AB 1781, in which case Section 2 of this bill shall not become operative.

SEC. 5. Section 3.5 of this bill incorporates amendments to Section 21260 of the Vehicle Code proposed by both this bill and AB 1781. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2011, (2) each bill amends Section 21260 of the Vehicle Code, and (3) this bill is enacted after AB 1781, in which case Section 3 of this bill shall not become operative.

SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

City of San Juan Bautista
The "City of History"
Office of the City Manager
TO:

FROM:

DATE:

SUBJECT:

MEMORANDUM

CITY COUNCIL AND PLANNING COMMISSION
DON REYNOLDS, CITY MANAGER ~
OCTOBER 2, 2023 u

THIRD STREET P ARKLET ST A TUS
On March 21, 2023 and April 18, 2023, a vigorous debate concerning the future of the Third Street Parklets concluded with the adoption of Resolution 2023-27. Per the attached minutes, Item 9C was approved on a 4-1 vote by the following motion:

MOTJ01'1:

Upon motion by Mayor Pro Tern Freeman, second by Councilmember Freels, RESOLUTION 2023-27, 1 escinding Resolution 2023-2 l to rescind Resolution 2023-21, extend (all) existing park lets to January 1. _024, and not allow new parklets, process the retail parklets in a manner consistent with the Municipal Code at no charge, and provide compensation to the parklet owners tor the removal of the parklets, at a cost or $5 dollars a square foot not to exceed $800 dollars.

Staffs interpretation of Resolution 2023-27 is that all parklets will be removed no later than January 1, 2024, and two-way traffic will be restored on Third Street. To implement this policy, staff will send a written reminder of this deadline to business owners in November. A notice of violation could be issued to those that do not remove them by the deadline.

If the Commission or City Council wishes to place this matter on their Agenda, there is still time to do this before the notices are sent. Please let staff know if you would like to do this, and if so, as a discussion or action item.

Attachment: Minutes from April 18, 2023, Item 9C
CC: Jon Giffen. City Attorney
Brian Foucht, Assistant City Manager
A YES: Councilrnernbers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None; ABSTAfN: None; ABSENT: None.

B. End the Imposition of Water Conservation Regulations and Restrictions Due to Severe Drought Required by Municipal Code 64-116
City Manager Reynolds provided the report.

No public comment received.

MOTION:

Upon motion by Councilmernber Morris-Lopez, second by Mayor Pro Tern Freeman, RESOLUTION 2023-26 rescinding Resolution and end the imposition of water conservation regulations and restrictions defined in Municipal Code 6-4-116, while continuing to encourage San Juan Bautista citizens to make water conservation a way of life, was approved.

A YES: Councilmernbers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None; ABSTAfN: None; ABSENT: None.
q, ~on. sider Approval of a Resolution Rescinding the 'Matter of the Removal or Other / Disposition of Parklets
City Manager Reynolds, and City Attorney Robert Rathie provided the report. The City Council adopted Rt solution 2023-21 ordering the removal of all parklets and the associated traffic barriers 011 Third Street on or before April 28, 2023. A notice was issued on March 22, 2023 concerning the removal of all parklets. Parklet owners would be eligible for compensation by the City from the General Fund for the reasonable cost of removal, not to exceed $5.00 per square foot or $800.00, whichever is less.

Councilmernber Freels stated that he would be in favor of allowing all Rarklets to remain until the sunset of the state of emergency regulations. City Attorney Rathie pointed out the new state regulation pertains to food and beverage parklets.

Mayor Pro Tem Freeman stated that he agrees with Councilmember Freels regarding allowing the parklet.. to remain until January I, 2024.

Councilrncrnber Morris Lopez commented that the parklets were approved to help out the business during the pandemic but at the previous meeting, the Council voted to remove all parklets Councilmember Manis-Lopez expressed concern regarding the process of rescinding an already approved resolution.

Councilmernber Sabathia asked the Mayor and fellow Councilrnernbers to commit themselves in action ano speech to unifies the roots that currently run deep in the community, and stop pretend in? it isnt happening, and would like to see one of the Councilmembers craft an amendment/resolution that unifies the businesses and community on this issue, and would vote on yes on l ML.

Page i 6 (April 18. 2023)
Mayor Jordan expressed concern with the parklets that have not been used as they were intended.

Mayor Pro Tern Freeman motioned to rescind Resolution 2023-21, and hereby move to extend the existing parklets to January 1, 2024 with no new parklets allowed.

City Attorney Rathie stated that there are four options for the Council to consider:

I. Take no action. Allow Resolution 2023-21 to remain in place and to continue to require removal of all parklets and the traffic barriers associated with the parklets by April 28, 2023, in accordance with the notice given, and offer compensation for their removal as provided.

2. Adopt a resolution rescinding Resolution 2023-21, addressing the ban on new or replacement parklets and providing for continuation of existing parklets associated with food serving and other ABC licensed premises (there are no parklets associated with restaurants that are not also licensed as either ABC Type 42 or Type 47 establishments) to a date certain which cannot be later than January l, 2024, thereafter to be removed, and ordering the removal of the park lets associated with retail establishments by April 28, 2023 or mother date set by the City Council, and readopt the offer of compensation to owners at the time of removal.

J. Aclopt a resolution rescinding Resolution 2023-21 and direct that the matter return for further consideration.

4. fake other action as appropriate.

Councilrnember Morris-Lopez would like to have this issue revisited in 60 days.

Mayor Pro TeITt Freeman motioned to rescind Resolution 2023-2 l, extend (all) existing parklets to Januarv I. 2024, and not allow new park lets.

Council me uber Freels asked for an amendment to the motion to include Removal ul traffic devices and return the street to a two-way street until January l, 2024.

Mayor er,> Tern Freeman stated that he preferred to keep the wine barrels and succulents.

Council nernber Freels rescinded his amendment.

City Attorney Rathie suggested Council direct staff to process the retail park lets in a manner consistent with the Municipal Code at no charge. City Attorney Rathie asked the Council if they wish to impose a charge if there was a charge, and further added that Resolution 2023-21 does provide compensation to the parklet owners for the removal of the parklets, and asked if in fact Resolution 2023-21 is rescinded, they may wish to consider whether or not they wish to add cornpensaron for the removal of the park lets.

City Attorney Rathie further added that Resolution 2023-2 l did have a provision that allowed all park let l)\, n ~r), would be compensated for the removal of the parklets at a cost of $5 dollars a square f>, ,~ not to exceed $800 dollars.

Substitute Motion:

Page I 7 (April 18. 2023)
Councilmernber Freels asked for an amendment to the motion to include compensation to parklet owners for the removal of the park lets at a cost of $5 do1 lars a square foot not to exceed $800 dollars.

Robert Rathie clarification of having the process to continue the retail markets in accordance to the Municipal Code would be without charge to the retail.

Council member Sabathia asked for clarification on the amended motion, and asked if the retail parklets would be treated as equivalent to the food and beverage parklets? In response, City Attorney Rathie, stated that retail and food and beverage are included.

The following members of the public commented on the report:

Javier Huaracha, Dona Esther
Amy Covington - in support of the parklets
Fran Fitzharris -
Gina Ace. edo
Monica Ramirez- in support of the parklets
Patricia Rams- in support of the park lets
Dante Barus- in support of the parklets
LeeAnna Brothers
Andrew Freeman- in support of the parklets
Heliena \\ al ton- in support of the park lets
Zooey Di~,;my
Salena Kc--:nedv
Elia Sat: n,1:'
Debbie [-krnandez- in support of the park lets
Luke - su,,port food & beverage and remove retail parklets !Vlikolai A!,~nberg
Joshua Ct•\ ington
Tammy ( istaneda Huaracha, Dofia Esthers Restaurant
Lizz Sane -.cz Turner
Teresa Lavagnino
Bella
Margo Tankersley
Wanda (j;· bert
Ryan
Received vritten communication via email from the following members of the public:

Chantal Delay support restaurants & business/ Monterey Peninsula resident Rebecca ;\,iathews - in support parklets / resident
Sadie Johnson ~ in support of parklet
Kristina hc1-;tings -in support of parklets
Amelia 1'1
1 ;:,;a-Rains - in support parklets
Stephanie l orreia - oppose parklets
Sandra -1 u:n:z - oppose parklets
Page i 8 (April 18, 2023)
MOTIOr;,.

Upon motion by Mayor Pro Tern Freeman, second by Councilmember Freels, RESOLUTION 2023-27. , escinding Resolution 2023-2 l to rescind Resolution 2023-21, extend (all) existing park lets tu January I, 2024, and not allow new parklets, process the retail parklets in a manner consistent with the Municipal Code at no charge, and provide compensation to the parklet owners for the removal of the parklets, at a cost of $5 dollars a square foot not to exceed $800 dollars.

AYES: Cc.uncilmembers: Freels, Freeman, Sabathia, and Mayor Jordan: NOES: Councilmember Morris-Lopez: ABSTAIN: None; ABSENT: None.

0. Determine Specific Times and Place Consistent with Municipa Codes 5-1-166 And 5- Ui-100, and Authorize Non-Profit Organization Anzar Hi School Booster Club to \ell Safe and Sane Fireworks for the Fourth of July Hor City Manager Don Reynolds provided the report.

Received .omments from the following members of the public:

Gina Ace' cdo. Anzar Booster Club
Lara Capi 1.no
Fran Fitzu.iris
Elia Salinas
Heliena \'. allon
Mayor l)r, Tern Freeman motioned to approve tl agreement allowing the Anzar High School Booster ( ,:;:~ to sell approved fireworks for th Fourth of July Season but changing the time end the sale or rireworks on July 4rh to 7:00 p.m. nstead of 10:00 p.rn.

MOTIO.\:

Upon rnou 1n by Mayor Pro Tern Free an, second by Councilmember Freels, the City Council approve J '' f•'.5,0LUTION 2023-28 permitting the Anzar High School Booster Club to sell "safe and sane rireworks in the City o 'San Juan Bautista at the Windmill Market, 301 The Alameda between [i .." hours of 9:00 A.t . to 10:00 PM. commencing at noon on June 30, 2023 and ending at 7 n() r I on July 4. 2023 or the Fourth of July 2023 Season, as amended. !\ Yl.S: \... incilrnembc : Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None: ,L\ 1~ AlN N e: ABSENT: None.

A. Re" i:-;; · 1 1g Zoning Code Section 11-O-l-110 Regarding Regulation of Large-Scale Reta ii, For 2' \i Retail, Formula Restaurant and Formula Visitor Accommodations Businesses. fo 1."111 requested item to be continued until the next meeting.

Pagt i c (April 18. 2023)

Item: # 10.C
City Council Meeting
October 17, 2023
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL REPORT
DATE: OCTOBER 17, 2023
DEPARTMENT: DON REYNOLDS, CITY MANAGER
FROM: DON REYNOLDS, CITY MANAGER
TITLE: STATUS OF SAFETY CONSIDERATIONS FOR STATE
HIGHWAY 156 DURING CONSTRUCTION
RECOMMENDED ACTION(S):

It is recommended that the City Council receive this report on the status of safety efforts on State Highway 156 during construction and direct staff as deemed appropriate.

DISCUSSION:

At the September 5, 2023 Intergovernmental Committee meeting, the status of Highway 156 construction and related traffic issues were on the agenda. It was decided that an ad-hoc committee would meet concerning safety issues. It was suggested that the ad-hoc committee meet with Caltrans to discuss installing no-left turn signs being placed at each of the arterial’s streets as it was for Highway 25 during construction hours 3-7 PM.

Last Monday October 2, 2023, there was a terrible accident related to the construction of the State Highway 156, caused by a driver turning left from one of the arterial streets heading east towards Hollister. The Highway was completely closed for several hours. The City reached out to COG’s Executive Director asking them to investigate safety issues with Highway 156. On October 4, 2023, the COG Technical Advisory Committee discussed the matter in detail, With Caltrans, and the CHP present. Highway 156 arterials are different compared to Hwy 25, because there is no shoulder space or receiving bay for vehicles to turn once they arrive at Highway 156, especially large trucks. CHP has only one officer assigned at this time making enforcement challenging.

The matter was scheduled by COG for a follow-up meeting October 11, 2023. Hollister City Manager Mirroine, County CAO Espinoza, COG Executive Director Abraham, County Public Works Public Works Director Loupe, and Caltrans District 5 Deputy Director Richard Rosales attended the meeting. The County received direction from Caltrans to reach out the CHP for approval, then draft a Resolution for the Board of Supervisors requesting approval from Cal Trans to install no left hand turn signs at the arterials. This would include signage in advance of the turns along Frietas and San Justo Roads to warn drivers of the no left hand turn provision. This would Item: # 10.C
City Council Meeting
October 17, 2023
Page | 2
be a first step westwards improving this situation, and if necessary further steps that may include barricades will be considered.

San Juan Bautista City CouncilOctober 17, 2023

San Juan Bautista City Council
October 17, 2023