City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
CITY COUNCIL
REGULAR MEETING
TUESDAY, DECEMBER 19, 2023, 5:00 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AMENDED AGENDA
ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.
Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.
JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235
To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235
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—Anticipated Litigation – (Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: Two cases.)
3. ELECTION
A. Selection of Mayor for a One Year Term
B. Selection of Mayor Pro Tem for a One Year Term
Page | 2 City Council December 19, 2023
4. 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.
5. 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 and Staff 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
6. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.
A. Approve the Affidavit of Posting Agenda.
B. Waive the Reading of Ordinances and Resolutions on the Agenda Beyond the Title.
C. Approve a RESOLUTION Authorizing Closure of Streets for the San Juan Bautista Fire Station Open House on March 9, 2024.
D. Approve a RESOLUTION Supporting the Restoration Efforts of the Rozas House.
E. Approve a RESOLUTION Instituting Rules of Civility and Decorum for Conduct of City Officials, Employees, and Members of the Public During Public Meetings.
F. Approve a RESOLUTION Acknowledging Hollister Fire Department (HDF) to Perform the Inspection of Certain Occupancies Required Annually Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code and Authorize the Acceptance of Senate Bill No. 1205.
G. Approve a RESOLUTION Ending the Economic Development Citizens Advisory Committee (EDCAC).
7. 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. Approve a Memorandum of Agreement (MOA) with the County of Monterey for the shared cost agreement for the County Geographical Information System (GIS) for a three-year term.
Recommendation: Approve a Resolution authorizing the City Manager to sign the San Benito County Administrative Policy 2023-012.000 and continue to represent the City of the County GIS Steering Committee and pay its fair share of the costs for the services.
B. Agreement With EMC Planning Group To Amend The 2022 Draft Community Plan To Reflect Recent Recommended Changes To The Proposed Sphere Of Influence (“Soi”) Page | 3 City Council December 19, 2023
Recommendation: Adopt a RESOLUTION approving the scope of work for EMC Planning Group to amend the draft 2022 Community Plan to reflect the changes to the Sphere of Influence (SOI).
8. DISCUSSION ITEMS
A. Consider Workshop on “Wedge Issues” with Special Speaker from California Intergovernmental Risk Authority (CIRA)
9. 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 Elizabeth Soto, 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.
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, December 15, 2023, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website. Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.
Item #: 3 A/B
City Council Meeting
December 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 19, 2023
DEPARTMENT: CITY CLERK
FROM: ELIZABETH SOTO, CMC, CPMC, DEPUTY CITY CLERK
TITLE: ELECTION OF MAYOR AND MAYOR PRO TEMPORE
RECOMMENDED MOTION:
A motion to elect the Mayor and Mayor Pro Tempore to serve for a one-year term.
RECOMMENDATION:
It is recommended that the City Council chose one of its members to serve as Mayor and one to serve as Mayor Pro Tempore for a one-year term.
EXECUTIVE SUMMARY:
Pursuant to Chapter 2-1 of the San Juan Bautista Municipal Code, Article 2, Section 205, the City Council shall choose to elect a Mayor and Mayor Pro Tempore that will serve until the next Council election is certified by the County Elections Department during the December 2024 meeting.
BACKGROUND:
The San Juan Bautista Municipal Code reads in part:
Section 2-1-205 Choosing Mayor and Mayor Pro Tempore. At the regular meeting in December of each year the City Council shall choose one of its members to serve as Mayor and one of its members to serve as Mayor Pro Tempore, each to serve until successors are chosen at the regular meeting in the following December.
PROCESS:
The seated Mayor will open the floor for nominations for the Officer position of Mayor and Mayor Pro Tempore. Self-nominations are acceptable.
Item #: 3 A/B
City Council Meeting
December 19, 2023
Page | 2
Selection of Mayor
The seated Mayor will open the floor for nominations. Once a nomination is received in the form of a motion, a second to that motion will be required to carry the item to a Roll Call Vote.
In the event two or more nominations are made for the Mayor Officer position, the City Clerk will call on each Councilmember by name, to cast their vote. Once all votes are made, the City Clerk will announce the results.
Following the completion of the election for Mayor, the newly elected Officer will take their place at the head of the Dais.
Selection of Mayor Pro Tempore
The seated Mayor will open the floor for nominations. Once a nomination is received in the form of a motion, a second to that motion will be required to carry the item to a Roll Call Vote.
In the event two or more nominations are made for the Mayor Pro Tempore Officer position, the City Clerk will call on each Councilmember by name, to cast their vote. Once all votes are made, the City Clerk will announce the results.
FISCAL IMPACT
None
ATTACHMENTS
None
Item #: 3 A/B
City Council Meeting
December 19, 2023
Page | 3
San Juan Bautista Municipal Code
2-1-205 Choosing Mayor and Mayor Pro Tempore.
At the regular meeting in December of each year the City Council shall choose one of its members to serve as Mayor and one of its members to serve as Mayor Pro Tempore, each to serve until successors are chosen at the regular meeting in the following December.
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Four Month Period Ended October 31, 2023
Item #5E
City Council Meeting
December 19, 2023
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 33% Notes
General Fund 710,109 714,457 2,142,500 (1,593,243) 33%
Special Revenue Funds:
Capital Projects Fund 566,318 133,398 2,836,845 (2,703,471) 5% A Community Development 47,415 15,428 404,514 (393,098) 4% B COPS 46,001 33,333 100,000 (75,000) 33%
Parking & Restroom Fd 12,180 18,439 28,000 (16,269) 66% Gas Tax Fund 31,448 33,756 101,000 (76,799) 33%
Valle Vista LLD 8,843 7,960 23,889 (17,919) 33%
Rancho Vista CFD 22,174 23,657 67,512 (49,481) 35%
Copperleaf CFD 7,550 5,792 16,645 (12,240) 35%
Internal Service Funds:
Blg Rehab. & Replace 12,667 12,667 38,000 (28,500) 33%
Vehicle Replacement 20,000 20,000 60,000 (45,000) 33%
Enterprise Funds:
Water
Operations 419,937 574,679 1,345,000 (904,085) 43%
Sewer
Operations 518,298 637,382 1,390,000 (943,950) 46%
TOTAL Funds 2,422,939 2,230,948 8,553,905 (6,859,055) 26% 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
Revenues ~ Budget Vs. Actual
For the Four Month Period Ended October 31, 2023
Item #5E
City Council Meeting
December 19, 2023
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 33% Note
General Fund 624,390 639,685 2,117,980 (1,478,295) 30%
Special Revenue Funds:
Capital Projects Fund 566,318 133,398 2,836,845 (2,703,447) 5% A Community Development 174,198 256,055 674,036 (417,981) 38% COPS 33,333 33,332 100,000 (66,668) 33%
Parking & Restroom Fd - - - -
Gas Tax Fund 5,731 5,595 21,500 (15,905) 26%
Valle Vista LLD 10,217 6,572 22,692 (16,120) 29%
Rancho Vista CFD 11,829 18,601 37,166 (18,565) 50%
Copperleaf CFD 6,654 5,953 16,645 (10,692) 36%
Development Impact Fee Funds
Public/Civic Facility 900 900 2,700 (1,800) 33%
Library 1,480 1,480 4,440 (2,960) 33%
Storm Drain 1,144 1,144 3,432 (2,288) 33%
Park In-Lieu 100 100 300 (200) 33%
Public Safety 284 284 852 (568) 33%
Traffic 144 144 432 (288) 33%
Enterprise Funds:
Water:
Operations 324,535 223,622 828,749 605,127 27%
Capital 9,293 34,747 (34,747)
Sewer
Operations 270,520 281,654 1,227,618 945,964 23%
Capital 256,052 613,438 18,497,240 17,883,802 3% A
TOTAL Funds 2,297,122 2,256,704 26,392,627 14,664,369 9% 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.
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Four Month Period Ended October 31, 2023
Item #5E
City Council Meeting
December 19, 2023
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 11/1/2023 Through 11/30/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
11/9/2023 217172 ACWA Health Benefits Authority 12,887.65 11/9/2023 217173 Alliant Insurance Services 1,638.00
11/9/2023 217174 AVAYA 250.66
11/9/2023 217175 California Rural Water Association 709.00 11/9/2023 217176 Canon Financial Services, Inc 701.80
11/9/2023 217177 Charter Communications 581.91
11/9/2023 217178 City of Hollister 61,473.62
11/9/2023 217179 Clark Pest Control 111.00
11/9/2023 217180 David J. Powers & Associates, Inc. 18,745.53 11/9/2023 217181 Don Reynolds 337.06
11/9/2023 217182 Eduardo Melesio 500.00
11/9/2023 217183 Ferguson Enterprises LLC 211.03
11/9/2023 217184 Hollister Auto Parts, Inc. 781.66
11/9/2023 217185 Home Depot Credit Services 698.46
11/9/2023 217186 Judy's Gifts & Awards 16.24
11/9/2023 217187 Liebert Cassidy Whitmore 1,435.50
11/9/2023 217188 Midwest Tape 243.74
11/9/2023 217189 MNS Engineers, Inc. 59,405.00
11/9/2023 217190 Monterey Bay Analytical Services 3,278.00 11/9/2023 217191 P G & E 641.92
11/9/2023 217192 Pet Waste Co 312.82
11/9/2023 217193 Roger Hausmann 700.00
11/9/2023 217194 Rx-Tek 2,869.55
11/9/2023 217195 San Benito County Tax Collector 88.88
11/9/2023 217196 Smith & Enright Landscaping 4,035.00
11/9/2023 217197 Sound Design A/V Contractors 371.25
11/9/2023 217198 Stantec Consulting Services Inc. 39,086.96 11/9/2023 217199 State Compensation Insurance Fund 5,109.50 11/9/2023 217200 State Water Resources Control Board 36,000.00 11/9/2023 217201 True Value Hardware 28.38
11/9/2023 217202 Uline 224.33
11/9/2023 217203 US Bank 3,957.48
11/9/2023 217204 Wallace Group 8,952.93
11/9/2023 217205 Wendy L. Cumming, CPA 4,248.75
11/9/2023 217206 Code Publishing Company 830.00
11/9/2023 217207 A Tool Shed, Inc. 6,048.00
11/22/2023 217208 AFLAC 934.44
11/22/2023 217209 All Clear Water Services 4,100.00
11/22/2023 217210 att.com 153.38
11/22/2023 217211 Baker Supplies and Repairs 121.86
11/22/2023 217212 Bear's Hideaway, LLC. 800.00
11/22/2023 217213 Canon Financial Services, Inc 747.95
11/22/2023 217214 Carmen Lujan 95.00
11/22/2023 217215 CMAP 997.36
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 11/1/2023 Through 11/30/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
11/22/2023 217216 Core & Main 1,394.72
11/22/2023 217217 Cypress Water Services 11,175.00
11/22/2023 217218 Dale Coke. 1,500.00
11/22/2023 217219 Hamner Jewell Associates 602.00
11/22/2023 217220 Kysmet Security & Patrol Inc 34,883.00 11/22/2023 217221 Mc Kinnon Lumber Co., Inc. 600.51
11/22/2023 217222 Michelle Sabathia. 300.00
11/22/2023 217223 Monterey Bay Analytical Services 4,420.00 11/22/2023 217224 Nova Property Management 230.00
11/22/2023 217225 P G & E 11,629.63
11/22/2023 217226 Regional Government Services 35.30
11/22/2023 217227 Rx-Tek 560.00
11/22/2023 217228 Spirit of San Juan Bautista 5,000.00
11/22/2023 217229 Smith & Enright Landscaping 3,915.00
11/22/2023 217230 T-Mobile 133.28
11/22/2023 217231 Uline 87.50
11/22/2023 217232 US Bank 8,605.29
11/22/2023 217233 Valero Wex Bank 1,047.50
11/22/2023 217234 Brigantino Irrigation, Inc. 1,042.40
Report Total 372,622.73
City Manager’s Report
National Weather Service Report
Last Year experienced 15-25 inches – 90 to 150% of precipitation Hi Confidence in El Nino Conditions this year
2015/16 was the last one- a dry year
Mostly impacts So Cal
But still not as wet as 2022/23
10% above average
Hollister average is 8 inches
Maybe 9 inches this season
Removing Silt starting in December- Granite Rock Contract City Manager’s Monthly Report
Wastewater
More than a mile of pipe has been laid
San Justo Rd. East of Coke Farms property towards Hollister Finding a lot of buried obsolete concrete infrastructure Met with Industrial Users
Taylor on board for repurposing Coke Lift Station
True Leaf will repurpose their Lift Station on Prescot
Providing Lateral Connections for both
Budget Update for the City Council in January
Drawn Down all of the $1 million EPA Grant
City Manager’s Monthly Report
Water
Met with the District
Design is slowly coming together
Met with MNS Engineers
Requested updates on Water Quality
Confirm blending assumptions from 2020
Provided both Pipeline and Water Purchase Agreements
Microvi Building Plans and implementation
City Manager’s Monthly Report
Recreation
Software analysis completed
January Agreement consideration
Getting to know the School District programs
Clampers Light up Luck Park
Participating in Senior Listening Sessions
Installing Library Mural
Ribbon Cutting at Washington Street Bridge
HWY 156 Updates (COG)
Cal Trans approves Union Road Closure changes
Shorter Duration – 6 weeks
Waiting until July when work on Michell Road is complete City Manager’s Monthly Report
Community Development Status
Postponed December 7 UGB/SOI and Planning Commission Meetings Both met December 13
Progress on “Planning Area”
Progress on Gas Station Design
CM working Directly with the owners
701 3rd Street- building permits in December
Submitted an Appeal of some conditions
40 Muckelemi (formerly Neal’s Market )
Currently use City ROW for Parking
City Manager’s Monthly Report
Integrated Waste Management
Need to Update ordinance
Non-Exclusive Franchise Agreement (“NEFA”) update as well Consolidating Administrative Requirements (SB1383)
New JPA for implementing food-ware ordinances
New Legal precedent for the use of Franchise Fees
Fire Department
Fire District Feasibility Study Interview
Fire Chief Recruiter Interview
Volunteer Firefighter Sign
Item: # 4.A
City Council Meeting
December 19, 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 15th day of December 2023, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.
1. On The Bulletin Board at City Hall, 311 Second Street.
2. On The Bulletin Board at The City Library, 801 Second Street.
3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 15th day of December 2023.
____________________________________________
Elizabeth Soto, CMC, CPMC
Deputy City Clerk / Administrative Services Manager
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#: 5.D
City Council Meeting
December 19, 2023
Page | 1
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING CLOSURE OF STREETS FOR CERTAIN SPECIAL EVENTS IN 2024:
WHEREAS; the City has received the following applications for Special Events in 2024 and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:
San Juan Bautista Fire Station Open House
Second Street between Polk and Mariposa
March 9, 2024 from 8am to 3pm.
BE IT RESOLVED that the City Council does hereby authorize the above referenced entities to close streets on the dates and times referenced herein subject to the following requirements;
1. All conditions and requirements of agencies, including the Fire Marshall, San Benito County Sheriff, Building Official, Public Works Director, San Benito County Health Dept., San Benito County Integrated Waste Management, Community Development Director shall be met prior to, during, and after the event in the manner deemed necessary by the City Manager.
2. Prior to each event, Sponsors shall submit an agreement to reimburse the City in accordance with an invoice duly issued by the City to cover City expenses as deemed necessary by the City Manager to support administrative, material and City staff time associated with the Street Closure.
PASSED AND ADOPTED this 19th day of December 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________
Leslie Q. Jordan, Mayor
Item#: 5.D
City Council Meeting
December 19, 2023
Page | 2
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Item:# 6.D
City Council Meeting
December 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: SUPPORT FOR THE RSTORATION OF ROZAS HOUSE AT 31
POLK STREET
RECOMMENDED MOTION:
Approve a Resolution that provides the City’s support for funding to retore the Rozas House at 31 Polk Street.
RECOMMENDATION:
Adopt the attached Resolution that encourages and supports in every effort of the Rozas House Org. Inc, including sending letters of support, to seek funding to preserve this historically significant building.
EXECUTIVE SUMMARY:
Members of the Rozas House Organization have approached the City to advise them of their renewed effort to raise the funds needed to preserve this historically significant building. They have requested a Resolution to formalize this support that can be shared with potential sponsors and in grant applications. Preserving the City’s history is top priority for the City Council.
Attached is the draft Resolution requested that supports the Rozas House in effort to raise the needed funds to preserve this historically significant building.
BACKGROUND:
The Rozas House, built in 1856 is one of the City’s most valuable historic treasures. According to a ten-year grant application, (“nomination”), the last improvements to the building occurred when a new roof was built in 1999. In 2006, the City barricaded the sidewalk to prevent pedestrian access. This “Nomination as One of Americas 11 Most Endangered Historic Places” was unsuccessful. As was the $750,000 historic preservation grant the City applied for in 2021.
Hopefully working together, the City and the Rozas House Organization will be more successful in accessing funds to preserve this historically significant building.
Page | 2
The attached Resolution will be used to accompany applications to interested sponsors, foundations, and historic preservation opportunities.
ATTACHMENT:
Resolution in Support of Roza House Org.
Page | 1
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
SUPPORTING THE RESTORATION EFFORTS OF THE ROZAS HOUSE
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
BAUTISTA SUPPORTING THE RESTORATION EFFORTS OF THE ROZAS HOUSE WHEREAS, the City of San Juan Bautista is a Certified Local Government, and as such encourages the preservation of historic properties within the jurisdiction, under this National designation; and
WHEREAS, the City’s General Plan, Historic San Juan Bautista Plan and Municipal Code all speak to the importance of the restoration and maintaining of historically significant structures within the City; and
WHEREAS, the Rozas House located at 31 Polk Street, circa 1856, is on the National Register of Historic Places, the California Register of Historic Places and the San Juan Bautista Historic Resources Inventory, and is need of structural restoration; and WHEREAS, the Rozas House Org., Inc. non-profit was formed to preserve, protect and promote early California history and its elements in San Juan Bautista; and WHEREAS, the Rozas House Org., Inc. is in the process of moving forward to gain funding to proceed with restoration of this historically significant building.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA HEREBY RESOLVES AS FOLLOWS:
The City Council wishes to encourage and support every effort of the Rozas House Org., Inc., including sending letters of support, to seek funding to preserve this historically significant building.
THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED at a regular meeting of the San Juan Bautista City Council duly called and held on the 19th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Page | 2
______
_____________________
XXXXX XXXX , Mayor
ATTEST:
_______________________________
Elizabeth Soto, Deputy City Clerk
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
INSTITUTING RULES OF CIVILITY AND DECORUM FOR CONDUCT OF CITY
OFFICIALS, EMPLOYEES, AND MEMBERS OF THE PUBLIC DURING PUBLIC
MEETINGS
WHEREAS, across the nation, many public entities have adopted policies and rules to enhance civility at public meetings; and
WHEREAS, the City of San Juan Bautista values its commitment to the democratic process, the public’s right to expression, robust debate, and tolerance for disparate views; and WHEREAS, the City of San Juan Bautista City Council and the City of San Juan Bautista’s various boards, commissions, and other public bodies may, from time to time, convene public meetings to address issues, including controversial matters that engender passionate and often conflicting opinions; and
WHEREAS, impropriety, incivility, and disrespect at public meetings risks stifling participation and debate, and undermines the democratic process; and WHEREAS, adopting rules of civility and decorum applicable to all public meetings will help ensure that civic engagement and local democracy continue to flourish in the City of San Juan Bautista:
NOW THEREFORE BE IT RESOLVED the City Council of the City of San Juan Bautista accepts and adopts the San Juan Bautista Rules of Civility and Decorum.
PASSED AND APPROVED this 19th day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________
___________________, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
City of San Juan Bautista Rules of Civility and Decorum
CITY OF SAN JUAN BAUTISTA
RULES OF CIVILITY AND DECORUM
1.0 PURPOSE AND APPLICATION
1.1 The purpose of the City of San Juan Bautista Rules of Civility and Decorum (the “Rules”) is to promote mutual respect, civility, and orderly conduct in all public meetings. The Rules are not intended to deprive any person of their rights to public participation under applicable law.
1.2 The Rules shall apply to any public meeting of any City Council, commission, committee, board, or other public body. The Rules shall apply to all persons present at such public meetings, including but not limited to City elected and appointed officials, City employees, and members of the public.
2.0 CONDUCT AT PUBLIC MEETINGS
2.1 No person attending a public meeting shall engage in disorderly, disruptive, disturbing, delaying, or boisterous conduct that substantially interrupts, delays, or disturbs the peace and good order of the public meeting, including but not limited to, yelling, handclapping, stomping of feet, whistling, use of threatening language, or use of profane language.
2.2 No person attending a public meeting shall make public comments or remarks to the City Council, commission, committee, board, or other public body holding the meeting, that pertain solely to matters outside the subject matter jurisdiction of the Council, commission, committee, board, or other public body holding the meeting.
3.0 ENFORCEMENT
3.1 The Presiding Officer of the City Council, commission, committee, board, or other public body holding the meeting (“Presiding Officer”) may issue a warning to any member of the public violating these Rules and ask that the person cease all conduct in violation of the Rules. If present, the City Attorney or a designee of the City Attorney (“City Attorney”) may also issue a warning under these Rules.
3.2 If, after receiving a warning of conduct violating these Rules, a member of the public public persists in conduct violating these Rules, the Presiding Officer or City Attorney may issue further orders against the violating member of the public.
3.3 The Presiding Officer or City Attorney’s further orders may include instructing the violating member of the public to cease their comment, City of San Juan Bautista Rules of Civility and Decorum
using videoconferencing software or other technology to mute audio and hide video of the violating member of the public, and/or instructing the violating member of the public to leave the meeting.
3.4 Enforcement of these Rules should be reasonably proportional to the severity of the member of the public’s specific violation.
3.5 These Rules do not address enforcement against public officials sitting on the City Council, commission, committee, board, or other public body during a meeting of such public body. Enforcement against elected and appointed public officials shall be as further determined by the City Council, as appropriate.
4.0 GENERAL PROVISIONS
4.1 The procedures described in these Rules are not exclusive, and shall not preclude other rights, remedies, and procedures authorized by federal, state, or local law.
4.2 A breach of these Rules shall in no event be construed to invalidate any act taken by the City Council, commission, committee, board, or other public body holding the meeting at which a violation occurred.
Item #__
City Council Meeting
December 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 19, 2023
DEPARTMENT: FIRE DEPARTMENT
BY: FIRE MARSHAL CHARLIE BEDOLLA
TITLE: ACKNOWLEDGE RECEIPT OF A REPORT BY THE
HOLLISTER FIRE CHIEF REGARDING THE INSPECTION OF
CERTAIN OCUPANCIES IN THE CITY
RECOMMENDED MOTION:
A Resolution of the City Council authorizing the acceptance and to acknowledge receipt of a report made by the Fire Chief of the Hollister Fire Department regarding the inspection of certain occupancies required annually pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code.
RECOMMENDATION:
Staff recommends the City Council approve a resolution to authorize the acceptance of Senate Bill No. 1205, an act to add Section 13146.4 to the Health and Safety Code, relating to fire protection and to acknowledge receipt of a report made by the Fire Chief of the Hollister Fire Department regarding certain occupancies annual inspections.
DEPARTMENT SUMMARY
After the tragic 2016 “Ghost Ship Fire” in Oakland that killed 36 people, Senator Jerry Hill introduced Senate Bill 1205 The Fire Protection Services – Compliance Reporting. The bill was passed, and Section 13146.4 was added to the States Health and Safety Code last year.
California Health & Safety Code Section 13146.4 was added in 2018 and became effective on September 27, 2018. Said code requires all fire departments that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities to comply with building standards, as provided. California Health & Safety Code Section 13146.2 requires all fire departments that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3.
Item #__
City Council Meeting
December 19, 2023
Page | 2
This Resolution will fulfill the requirements of the California Health & Safety Code regarding acknowledgement of the Hollister Fire Department’s compliance with California Health and Sections 13146.2 and 13146.3.
The City Council of the City of San Juan Bautista expressly acknowledges the measure of compliance of the Hollister Fire Department with California Health and Safety Code Sections 13146.2 and 13146.3 in the encompassed areas as follows:
A. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of San Juan Bautista, there lie 3 Group E occupancies, buildings, structures and/or facilities.
During calendar year 2023, the Hollister Fire Department completed the annual inspection of 3 Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.
B. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (two units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be nonambulatory or bedridden.
Within the City of San Juan Bautista, there lie 21 Group R (and their associated sub-categories) occupancies of this nature.
During calendar year 2023, the Hollister Fire Department completed the annual inspection of 21 Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.
C. INSTITUTIONAL GROUP I OCCUPANCIES:
Institutional Group I occupancy includes, among others, for the purposes of this resolution, the use of a building or structure, or a portion thereof, in which people are cared for or live in a supervised environment, having physical limitations because of health or age, are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correctional purposes or in which the liberty of the occupants is restricted.
Within the City of San Juan Bautista, there lie 0 Group I (and their associated sub-categories) occupancies of this nature.
Item #__
City Council Meeting
December 19, 2023
Page | 3
During calendar year 2023, the Hollister Fire Department completed the annual inspection of Group I occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.
Additional items of note regarding this compliance rate can be found in the accompanying staff report for this resolution.
FINANCIAL IMPACT:
None
CEQA:
None
ATTACHMENTS:
1. Resolution
2. 2023 City of San Juan Bautista Inspections
Page | 1
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
ACKNOWLEDGING HOLLISTER FIRE DEPARTMENT (HFD) TO PERFORM THE
INSPECTION OF CERTAIN OCCUPANCIES REQUIRED ANNUALLY PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE AND AUTHORIZE THE ACCEPTANCE OF SENATE BILL NO. 1205 WHEREAS, on September 27, 2018, the State of California passed Senate Bill 1205 (SB 1205) adding a new section to the California Health and Safety Code which affects every fire department or fire district in the State; and
WHEREAS, the existing law, California Health & Safety Code Sections 13146.2 and 13146.3, requires every fire department or fire district to inspect every building used as a public or private school, hotels, motels, lodging houses, and apartment complexes annually; and WHEREAS, this new bill requires every fire department or fire district to report annually to its administering authority their compliance with the annual inspection requirements of the California Health and Safety Code. The bill also requires the administering authority to formally acknowledge receipt of the compliance report in a resolution or a similar formal document; and WHEREAS, the Hollister Fire Department has performed inspections for compliance with SB 1205; and
WHEREAS, the City Council of the City of San Juan Bautista has reviewed the report from the Fire Chief related to compliance with SB 1205.
NOW, THEREFORE, IT IS RESOLVED, that the City Council of the City of San Juan Bautista has received this report by the Hollister Fire Department for compliance reporting with Senate Bill 1205.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 19th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page | 2
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
INSPECTIONS
COMPLETED COMPLIANCE
E (Schools) 3 OF 3 100%
TOTAL 3 OF 3 100%
R-1 (Hotel/Motels) 2 OF 2 100%
R-2 (Apartments) 19 OF 19 100%
TOTAL 21 OF 21 100%
I (Jails/Courthouse) 0 100%
TOTAL 0 100%
OVERALL INSPECTIONS 24 OF 24 100%
2023 CITY OF SAN JUAN BAUTISTA
STATE MANDATED INSPECTIONS
EDUCATIONAL GROUP E
RESIDENTIAL GROUP R
INSTITUTIONAL GROUP I
Item: #6.G
City Council Meeting
December 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: END THE ECONOMIC DEVELOPMENT CITIZENS ADVISORY
COMMITTEE (EDCAC)
RECOMMENDED MOTION:
Approve a Resolution ending the EDCAC.
RECOMMENDATION:
Adopt the attached draft Resolution rescinding both Resolution 2021-65 enacting the EDCAC, and the subsequent Resolution 2021-74 amending it, thereby ending the Committee.
EXECUTIVE SUMMARY:
After 2-years, at its November 14, 2023 Council meeting, the City Council agreed to end the EDCAC. This attached Resolution formalizes that action by rescinding the two resolutions enacting the EDCAC and amending it; 2021-65 and 2021-74.
DISUSSION:
After November 8, 2023, when the ECDAC struggled with its last meeting, the City Manager spoke with the consulting firm Municipal Resource Group LLC, the same consultant helping the Board of Supervisors reconsider the role of its Economic Development Committee. The Consultant believes that all of the different economic development efforts in the region should have the same consistent messaging. The Consultant’s review of the City process and background lead him to believe the City’s current program was a “recipe for disaster.” The City Manager chose to reconsider its path of travel, and drafted the article below currently published in December Mission Village Voice”
MVV Article 11.20.23
What do you mean by “Economic Development?” Just as the San Benito County is re-shaping its Economic Development Committee, so too is San Juan Bautista.
Page | 2
At its last Council meeting November 14, 2023, it voted to conclude the current efforts of its Economic Development Citizens Advisory Committee (“EDCAC”). Thank you to those volunteers who contributed hundreds of hours over the past year to help our economy grow. The fruits of this effort is recorded in the Annual Report with several solid recommendations.
December is the month the City considers its elected official “re-organization.” Once the City Council considers the Mayor’s re-appointment or appointing a new Mayor and Mayor Pro-temp, maybe then it will be good to move forward with a new model for economic development. The timing will be good to align the San Juan Bautista economic development efforts with the County and City of Hollister.
In 2016, the City adopted an Economic Development Strategy. A new, fresh, post COVID19 strategy is needed and the sooner the better for the downtown merchants. Business retention must be the top priority. The County has retained an excellent consultant Municipal Resource Group LLC, to discuss roles, expectations, and responsibilities of its Economic Development Committee.
The City’s Manager has been fully engaged with the County’s self-assessments as the County’s Chair Sotelo and Supervisor Curro work towards updating their by-laws and governance structure. One big take-away from the work thus far, is that each agency must have the same story, understand their piece of the whole, and be working together in collaboration.
This is a good time to start the New Year with new Economic Development strategies. For now, let’s all pull together and support the City’s small, local businesses. The December calendar between the 1st and the 21st is full of fun! Happy Holidays! The Consultant recommended the City consider a “soft-restart.” The City Manager is committed to reconsidering the City’s role and expectations for economic development at the start of the New Year. For now, consistent with City Council direction November 14, 2023, staff recommends making ending the EDCAC, making an assessment of the past two years, keeping the valuable recommendations from the annual report, and preparing for a New Year.
FISCAL IMPACT:
No fiscal impact to the City of San Juan Bautista.
ATTACHMENT:
Draft Resolution
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
ENDING THE SAN JUAN BAUTISTA
ECONOMIC DEVELOPMENT CITIZENS ADVISORY COMMITTEE (EDCAC) WHEREAS, the City Council adopted Resolution 2021-65 on November 16, 2021 establishing the EDCAC, as amended December 21, 2021, by Resolution 2021-74; and WHEREAS, after receiving its annual report six months after the first anniversary, and witnessing its struggle to keep its membership complete over the last year, the EDCAC held its last meeting November 8, 2023, with an argument that resulted in its members leaving the meeting that ended the quorum and subsequently ended the meeting; and WHEREAS, at its November 14, 2023 City Council meeting, the City Council considered the future of the EDCAC and voted unanimously to end the Subcommittee; and WHEREAS, having been established by Resolution, the Council needs to formalize its intention November 14, 2023, and consider a new resolution such as this Resolution ending the Committee.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Bautista hereby rescinds Resolution 2021-65 and Resolution 2021-74 that established and then amended the EDCAC, thereby ending the San Juan Bautista Economic Development Citizens Advisory Committee.
THE FOREGOING RESOLUTION was adopted by the City Council of the City of San Juan Bautista at its regular meeting held on the 19th December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
________________, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item: ___
City Council Meeting
December 19, 2023
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: AUTHORIZE THE CITY MANAGER TO CONTINUE AS A
MEMBER OF THE SAN BENITO COUNTY GEOGRAPHIC
INFORMATION SYSTEM (“GIS”) STEERING COMMITTEE
AND PAY ITS FAIR SHARE FOR THE SERVICES
RECOMMENDED MOTION:
Approve a Resolution authorizing the City Manager to sign the San Benito County Administrative Policy 2023-012.000 and continue to represent the City of the County GIS Steering Committee and pay its fair share of the costs for the services.
EXECUTIVE SUMMARY:
The City has participated in the County GIS Sterring Committee since 2007, and has paid its fair for the services equal to 1% of the cost. 4-6 different County and City agencies have participated. Last year the cost for the City’s participation was $5,388. These services are very important for City business. Several custom-made maps are produced annually to serve the needs of the City. Daily access to the parcel data is very important for its customer services and understanding of property ownership and control. The attached County Administrative Policy 2023-01-000 seeks the City’s continued participation in the program for another three years or until December 15, 2026.
BACKGROUND:
The attached policy provides the background of this GIS Steering Committee’s work since 1998.
FISCAL IMPACT:
By signing this Policy, the City is agreeing to pay its fair share of the costs of the GIS program, at 1% annually, that is estimated to be $2,635 in FY 23/24.
Attached is the Draft Resolution and County Policy
RESOLUTION NO. 2023- XXX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF AGREEMENT (“MOA”) FOR GEOGRAPHGIC INFORMATION SYSTEMS (“GIS”) WITH THE SAN
BENITO COUNTY
WHEREAS, San Benito County GIS mapping services began as early as 1998 and evolve ed into a an MOA in 2007 with various agencies in the County joining resources to produce a reginal mapping systems; and
WHEREAS, the County Administrative Policy has been revised updated every three years, and was last update by Policy No. 2019-01-000 March 15, 2019; and WHEREAS, Sab Juan Baustista continued its participation in the GIS program with six other agencies contributing its fair share of the $150,000 annual cost $5,388; and WHEREAS; the County has presented an update to the MOA that is attached to this Resolution, and the City’s share of costs continues to equal 1% of the total, and is estimated to be $2,635 annually for three years; and
WHEREAS, the City it relies on the GIS program for many different purposes in its daily business, it is a valuable tool for the City and its residents, and the Council agrees that the participation in the GIS Steering Committee is valuable and wishes to continue its participation for another three years and pay its fair share of the costs.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. That it hereby authorizes the City Manager to sign the Administrative Policy Number 2023-01-000 as attached to this Resolution and continue its participation on the Steering Committee for another three years, or until December 15, 2026.
3. PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a special meeting held on the 19th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
SAN BENITO COUNTY
AGENDA ITEM
TRANSMITTAL FORM
Dom Zanger
District No. 1
Kollin Kosmicki
District No. 2
Mindy Sotelo
District No. 3
Chair
Angela Curro
District No. 4
Vice-Chair
Bea Gonzales
District No. 5
SUBJECT:
AGENDA SECTION:
BACKGROUND/SUMMARY:
MEETING DATE: 12/12/2023
DEPARTMENT: GIS
AGENDA ITEM PREPARER: Dulce Alonso
DEPT HEAD/DIRECTOR: Ray Espinosa
COUNTY ADMINISTRATION OFFICE - R. ESPINOSA
Delegate authority to CAO to Adopt a Memorandum of Agreement (MOA) for the shared cost agreement between partnering agencies for the County Geographic Information Systems (GIS) Department for a three-year term.
SBC FILE NUMBER: 7.5
CONSENT AGENDA
Geographical Information System “GIS” provides the framework designed to capture, store, manipulate, analyze, manage, and present spatial or geographic data. Essentially, GIS enables users to visualize, interpret, and understand data in a geographic context by linking data to locations on the Earth's surface.
At its core, GIS uses specialized software and hardware to collect, process, and visualize geographic information. It incorporates various data types such as maps, satellite imagery, GPS data, and survey information. These data are organized into layers, each representing different types of information (like roads, land use, population density, etc.).
Item Number: 1.4
GIS allows users to perform a wide range of task
1. Data Collection: Gathering geographic data from multiple sources such as surveys, GPS devices, satellites, and existing maps.
2. Data Manipulation: Organizing, cleaning, and processing geographic data to create accurate and up-to-date information.
3. Spatial Analysis: Analyzing relationships, patterns, and trends in geographic data. This includes proximity analysis, overlay analysis, and statistical analysis, among others.
4. Visualization: Presenting geographic data in the form of maps, charts, and graphs to better understand patterns and communicate information effectively.
5. Decision Making: Using analyzed and visualized data to make informed decisions in various fields like urban planning, environmental management, public health, disaster response, and more.
GIS technology is versatile and used across numerous sectors, including urban planning, natural resource management, emergency services, transportation, agriculture, and telecommunications. Its ability to integrate various types of data with geographic locations makes it an indispensable tool for understanding complex spatial relationships and making informed decisions.
The GIS division is currently working on an array of projects for the various partner agencies.
Users have the ability to edit data in the WebGIS, query information through various GIS layers, and run analyses. Several interactive maps and galleries have been published to ArcGIS Online. The ArcGIS Online content allows users and the public the ability to easily look up information such as, schools, polling locations, zoning, etc. Using the Enterprise environment and ArcGIS Online applications, GIS has configured ESRI Applications (Collector app, Workforce) for field data collection for both emergency and non-emergency situations.
The data collected is sent to the Enterprise server and updated in real time as the data is collected. GIS Data is being hosted and served to several county and city software applications, as well as being served to SCR911 and Hollister Fire. GIS is currently upgrading its ESRI Enterprise Architecture. The much-needed upgrade will allow for faster connection speeds, including the WebGIS, and bring the system up to current standards. There are several new applications GIS is working on, which include easier data editing, field data collection, and a new WebGIS application.
The Memorandum of Agreement "MOA" is a shared cost agreement with the following partners:
1. The County of San Benito
2. The City of Hollister
3. The City of San Juan
4. Sunny Slope Water District
5. Local Agency Formation Commission (LAFCO)
6. San Benito County Office of Education
7. Council of San Benito County Governments (COG)
Where the partners participate in Proportional Allocation of the GIS division, Costs are allocated proportionally among divisions based on each jurisdiction's general fund budget and RESOLUTION OR ORDINANCE NEEDED FOR THIS ITEM:
CONTRACT NEEDED FOR THIS ITEM:
CONTRACT AND RFP HISTORY:
LAST CONTRACT AMOUNT OR N/A:
STATE IF THIS IS A NEW CONTRACT/ HOW MANY PAST AMENDED CONTRACTS/ OR N/A:
STRATEGIC PLAN GOALS: 1. Operational Development & Excellence STRATEGIC PLAN GOALS: 2. Planning And Sustainable Growth STRATEGIC PLAN GOALS: 3. Technology
STRATEGIC PLAN GOALS: 4. Community Engagement
STRATEGIC PLAN GOALS: 5. Health & Safe Community
BUDGETED:
BUDGET ADJUSTMENT NEEDED:
proportionally allocated to each division.
Attached is the last policy with the cost agreed upon by all partners, which expires on December 31, 2023, and the new proposed MOA.
No
No
N/A
N/A
N/A
Yes
Yes
Yes
No
No
Yes
SOURCE OF FUNDING:
UNFUNDED MANDATE:
SBC BUDGET LINE ITEM NUMBER:
CURRENT FY COST:
STAFF RECOMMENDATION:
N/A
General Fund
No
N/A
N/A
Delegate authority to CAO to Adopt a Memorandum of Agreement (MOA) for the shared cost agreement between partnering agencies for the County Geographic Information Systems (GIS) Department for a three-year term and make minor modifications if needed.
ATTACHMENTS:
Co Adminve Manual No 2020
Administrative Manual No. 2023 Re: GIS Revenue
COUNTY OF SAN BENITO, CALIFORNIA
COUNTY ADMINISTRATIVE MANUAL
0300: FINANCE, ACCOUNTING, AND PURCHASING
GEOGRAPHIC INFORMATION SYSTEM (GIS)
REVENUE AND BUDGETING
Policy
Number:
PN2023-01-
000
Page
1 of 5
PURPOSE:
This policy supersedes Administrative Policy 2016-03-000 and Section 8, Distribution of Costs, in the Memorandum of Agreement (MOA) between the County of San Benito and the following partner agencies:
• City of Hollister
• City of San Juan Bautista
• San Benito County Office of Education
• Local Agency Formation Commission (LAFCO)
• Sunnyslope County Water District
• Council of San Benito County Governments (COG)
All future internal and external agencies not party to the MOA will be subject to user fees outlined in the County’s Master Fee Ordinance.
BACKGROUND:
The development of a County GIS mapping system began as early as 1998 in San Benito County. Around this time, a GIS Needs Analysis was approved by the Board of Supervisors that explained the potential use of GIS and GIS data in everyday activities and focused on requirements for implementation.
In 2007, a Memorandum of Agreement (MOA) was entered with various stakeholders, including the County of San Benito, the City of Hollister, the City of San Juan Bautista, LAFCO, COG, the Office of Education, Gavilan Joint Community College District, and San Benito County Water District. Since 2007, the membership has changed from time to time, as outlined in section 9(B) of the MOA. The Sunnyslope County Water District joined the MOA, while the Gavilan Joint Community College District and the San Benito County Water District canceled their memberships, FY 14/15, respectively. In 2020, the San Benito County Water District was added back to the MOA. In 2023, San Benito County Water District has canceled membership.
The GIS Steering Committee’s roles and responsibilities are outlined in the MOA, and further defined in prior versions of this Administrative Policy. The GIS Steering Committee meets to update this policy every three years. It was last updated on March 15, 2019 (Administrative Policy No. 016-03-000).
Since 2012, several milestones have been met. GIS has transitioned to an Enterprise environment, allowing easy access to GIS data and version control.
Another significant milestone is the development and installation of a new userfriendly WebGIS system. Users have the ability to edit data in the WebGIS, query information through various GIS layers and run analysis. Several interactive maps GIS Revenue and Budgeting Policy Page 2 of 5
2023-01-000
and galleries have been published to ArcGIS Online. The ArcGIS online content allows users and the public the ability to easily look up information such as, schools, polling locations, zoning, etc. Using the Enterprise environment and ArcGIS Online applications, GIS has configured ESRI Applications (Collector app, Workforce) for field data collection for both emergency and non-emergency situations. The data collected is sent to the Enterprise server and updated in real time as the data is collected. GIS Data is being hosted and served to several county and city software applications, as well as being served to SCR911 and Hollister Fire. GIS is currently upgrading its ESRI Enterprise Architecture. The much needed upgrade will allow for faster connection speeds, including the WebGIS, and bring the system up to current standards. There are several new applications GIS is working on, which includes easier data editing, field data collection and a new WebGIS application.
This policy changes the funding commitment of partnering agencies and internal County Departments and/or Offices.
POLICY:
1. Partnering agencies, representatives and/or designees assigned by partnering agencies are voting members of the GIS Steering Committee.
They include the following as of the effective date of this policy:
• City of Hollister, City Manager or designee
• City of San Juan Bautista, City Manager or designee
• County of San Benito, Assessor, County Administrative Officer or designee
• Sunnyslope County Water District, Director or designee • San Benito County Office of Education, Superintendent of Schools or designee
• COG, Executive Director or designee
• LAFCO, Executive Officer or designee
2. The GIS Steering Committee will review the GIS Budget, User Fees, Map Layer Fees, and CPI assessment for the next fiscal year.
3. Each year, the County Administrative Officer or their designee will introduce a proposed GIS budget for the next fiscal year to begin July 1.
4. Upon introduction of the proposed GIS Budget by the CAO or their designee and upon the incorporation of any changes made by the GIS Steering Committee, shared costs of the GIS Budget, including salaries, services, and supplies, will be calculated and shared among the members based on the average of their general fund (GF) budget example below:
(Agency’s Budget/SUM of Total Agencies’ Approved Budgets) x100 = Percent Share of Actual Cost
5. Promotes the use of GIS and data in decision-making on a daily basis and does not punish the user for an additional benefit of the program, as further use of the program should be encouraged.
a) If the calculation results in a percent share that is less than one percent, the amount will be rounded up to one percent of the cost of the program.
GIS Revenue and Budgeting Policy Page 3 of 5
2023-01-000
b) Percentage of Share of Approved Budget will be rounded to the nearest whole percent.
c) Final figures shall be rounded to the nearest whole dollar. d) The County will invoice each Partner Agency by January 15 (mid-year) of each fiscal year for the cost of the shared program.
6. Any new partner agency may become a Party to the agreement and added as a member of the Committee, subject to approval by the GIS Steering Committee. The initial membership cost shall be at minimum 1% of the total Actual Cost for GIS.
PROCEDURE:
1. Assigned staff will develop the requested Budget in consultation with technical GIS staff and Information Technology, including equipment and necessary salary adjustments, by February of each year to present to the GIS Steering Committee by March 15. The requested Budget will identify costs of salaries and benefits, operational costs, and costs of outside contractors required for GIS operation.
2. The Steering Committee will provide recommendations for the Budget, but will be subject to the County Board of Supervisors for Final approval.
For Example: In this hypothetical scenario, we will assume only three partners: The County, the City, and COG.
The County evaluates the current year’s General Fund budget amount to determine the cost shares, Illustrated in the table below.
Solving for Averages Based on GF:
Current GF
Budget
Solving for
Average:
Work Shown:
Percentage Rounded
County 30M (30/59)*100= 50.84 51 %
City 27M (27/59)*100= 45.76 46%
COG 2M (2/59)*100= 3.39 3%
Sum of Partnering
Agencies 59 M 100%
Solving allocation of yearly cost given percentage share based on averages:
Let’s assume that the Total Approved and Planned Cost for GIS FY 20/21 = $150,000
Cost share of County: ($150,000x.51) = $76,671 Note: Round to the nearest whole dollar.
Cost share of City: ($150,000x.46) = $68,644
GIS Revenue and Budgeting Policy Page 4 of 5
2023-01-000
Cost Share of COG(150,000x.03) = $4,500
The following is the first year, FY 23/24, cost share between the existing partnering agencies:
Total FY 23/24 Cost: $263,522*
Partner GF FY23/24 Percent
Share
Dollar Share
County $117,974,931 60% $158,113
City of Hollister $49,514,385 26% $68,516
City of San Juan
Bautista $2,107,694
1% $2,635
LAFCO $245,964 1% $2,635
COG $2,984,208 2% $5,270
Office of Education $6,539,849 3% $7,906
Sunnyslope $14,712,097 8% $21,082
*NOTE* Based on the assumption budget cost of GIS is 263,522, the invoice will be based on the actual cost.
SUNSET DATE
This policy will be reviewed every three years by the GIS Steering Committee. The next review date is 12/15/2026.
Version History:
Terms of Agreement
1. This agreement contains the entire agreement between the parties.
2. Any party may withdraw from this agreement with a 30-day written notice of intent to withdraw.
References
1. Memorandum of Agreement Between the County of San Benito, Sunny Slope Water District, City of Hollister, City of San Juan Bautista, San Benito County Office of Education, LAFCO, and the Council of Government, for Spatial Data Sharing.
Version
Number
Change
Request
Number
(if
applicable)
Date Author Summary of Change Effective Date
2016-
03-000
N/A 03/01/2016 S. De Leon Amendment to 2012-
03 and Original MOA
03/01/2016
2019-
01-000
N/A 03/07/2019 D. Alonso Amendment to 2016-
03-000 & original MOA
03/15/2019
2020-
09-000
N/A 12/15/2020 D. Alonso Amendment to 2019-
01-00 & original MOA
12/15/2023
2023-
01-000
N/A 12/12/2023 D.Alonso Amendments to 2020-
09-000 & original MOA
12/16/2023
GIS Revenue and Budgeting Policy Page 5 of 5
2023-01-000
2. Policy #2016-03: Revenue and Budgeting – GIS Budget #1001107 – Distribution of Costs, GIS Enterprise Partners and County of San Benito, March 15, 2019 Agreed as GIS Steering Committee on December 31, 2023:
County of San Benito 481 4th Street Hollister, CA 95023 ________________________________________ Date:________________ Ray Espinosa, County Administrative Officer
City of San Juan Bautista, PO BOX 1420, San Juan Bautista, Ca 95045 ________________________________________ Date:________________ Don Reynolds, City Manager
City of Hollister, 375 Fifth Street, Hollister, CA 95023 ________________________________________ Date:________________ Davis Mirrione, City Manager
San Benito County Office of Education, 460 Fifth Street, Hollister, CA 95023 ________________________________________ Date:________________ Krystal Lomanto, Superintendent
Council of Governments, 330 Tres Pinos Road, Suite C7, Hollister, CA 95023 ________________________________________ Date:________________ Binu Abraham, Executive Director
LAFCO, 481 4th Street Hollister, CA 95023
________________________________________ Date:________________ Jennifer Stephenson, Executive Officer
Sunnyslope County Water District, 3570 Airline Highway Hollister, CA 95023 ________________________________________ Date:________________ Drew Lander, General Manager
Countywide GIS Enterprise – Administrative Policy
Organizational Structure
On July 1, 2006, the County Board of Supervisors and Participating Agencies approved a Countywide Data Sharing Memorandum of Agreement for the formation of the Countywide GIS Enterprise. It created an organizational structure that recognized responsibilities to be met by each of the participating agencies. The GIS Strategic Plan developed by the Countywide GIS Enterprise in 2008 also referenced this organization.
Both documents describe participating agencies and committee development to insure the governance, support and ongoing maintenance of the Countywide GIS Mapping System. Effective management of the GIS Enterprise from implementation process to full system operation is critical for continued success. It is the intent of this body to manage the implementation that addressed each of the user groups’ individual data and application requirements.
The Countywide GIS Enterprise -GIS Operating Procedures are developed specifically for the GIS Steering Committee to further define their governance level, support, budgetary elements and the ongoing maintenance elements.
GIS Steering Committee
The GIS Steering Committee is the governance body of the GIS Enterprise and consists of the County Administrative Officer, the City Managers of Hollister and San Juan Bautista, Executive Director of COG, Office of Education Superintendent, Director of the San Benito County Water District, Director of Sunnyslope Water District, the Director of LAFCO, and the Director of Integrated Waste Management. Each agency has a designated representative that sits on this committee as a governance body of the GIS Enterprise. The members provide management review, oversight, and exercise management control of the GIS System based on the implementation plan or any procedural rules it adopts.
1. GIS Steering Committee Meetings:
The County leads and facilitates the GIS Steering Committee Meetings. The County designates staff to prepare agendas, notices and schedule meetings quarterly or as needed for the GIS Steering Committee and record a summary (minutes) of the items discussed and approved at the meetings. Motions proposed by the Committee are approved by a quorum of existing members and actions will be recorded in the minutes.
The Committee administers the Enterprise, approve budget recommendation and funding requirements; approve plans and procedures, and approve projects, security measures, and membership. They also direct their staff to participate at a technical level; and approve any outside contracts and grants for GIS projects.
It is at the direction of this Committee, that staff is directed to develop mapping standards and/or restrictions as the map or data is developed, implemented or changed. The Committee sets priorities for the Enterprise, and directs staff to develop standards, policies, and procedures for implementing and maintaining the Countywide GIS Mapping System. The Committee has the responsibility to insure the availability of necessary budgetary and personnel resources to carry out the work program. This Committee also approves system planning and budgets presented by the County.
2. Adding New Members
There is also a mechanism under the original Memorandum of Agreement granting the GIS Steering Committee authorization to add a new member agency through an amendment. Whereby, the new agency would be subject to the terms of the original agreement. The initial membership cost to the new member has been set at $3,000 to become a party to the agreement. The GIS Steering Committee has the authority to waive the fee if it chooses to do so. Distribution Costs for their share as a new member agency will be determined by the GIS Steering Committee based on the formula that is stated below.
3. Oversight of the GIS Technical Committee
The GIS Steering Committee directs the GIS Technical Committee who are appointed to the committee by each of the participating agencies. The GIS Technical Committee makes recommendations to the GIS Steering Committee to identify specific projects to enhance capabilities of GIS. The GIS Steering Committee focuses on the business processes, and how GIS tools can be employed in the workplace. It is essential for the committee to communicate with their representatives to insure that the GIS articulates a clear understanding of the benefits of the technology being proposed, and the ability to see how technology can be applied to improve the manner employees currently conduct business and improve efficiencies and customer service.
4. Distribution of Costs
In order to establish and maintain a sustainable long term countywide GIS Program, the Parties agreed to share cost. Upon approval of this Administrative Policy, an annual user fee, layer fee and/or CPI assessment may be considered each year based on the procedure explained below. • In January of each year the County will introduce a proposed GIS budget for the next fiscal year to begin in July. The recommended budget will identify the costs of salaries and benefits, operational costs and outside contractors required for the GIS operation. See Attachment B - FY12/13 GIS Budget. At the same time, User Fees will be determined and recommended for each of the participating agencies for the next fiscal year, and may include a CPI assessment. The GIS Steering Committee will have the responsibility to approve the GIS Budget, User Fees, Map Layer Fees and CPI assessment for the next fiscal year.
• User Fees and/or Layer Fees will be recommended for each Participating Agency based on the cost for the GIS Basemap, GIS Web and Map Layer Development and Maintenance which will be dependent on services rendered. See Attachment A – FY 12/13 User Fees/Map Layer Fees. • User Fees -GIS Basemap and the Web GIS Maintenance expenses will be distributed equally among all participating agency members as an annual User Fee for each fiscal year. The User Fee will remain constant and be based on the on-going maintenance costs for the Countywide GIS System listed above.
• Map Layer Fees - Map Layer Development or Maintenance expense for those participating agencies with specific map layers that require on-going maintenance and will be assessed an additional amount for layers each fiscal year, dependent on the services rendered. It does not include additional projects or layers that are not identified as of this date. • Each fiscal year thereafter the GIS Steering Committee may impose a CPI adjustment, starting July 1, 2013, by the percent change of the year ending December of the Consumer Price Index, All Urban Consumers (CPI-U), for the San Francisco-Oakland-San Jose area. The inflator data for the CPI specified above is typically available in mid-January from this website:
http://www.bls.gov/ro9/pachist.htm
• The County will invoice each Participating Agencies by Jan 15th (mid-year) each fiscal year for their member user fees and for map layer fees dependent upon services rendered.
5. GIS FEES FOR OUTSIDE AGENCIES
A GIS Fee Schedule has been implemented to recover costs for services from outside agencies and departments that are not part of this agreement. These fees will provide for cost recovery from outside agencies, departments, individuals, companies and organizations, who are not members of the GIS Enterprise.
Upon motion and approval by the GIS Steering Committee, the GIS Operating Procedures will become effective. Distribution of shared costs will remain in effect until such time that the committee agrees the formula requires a change.
Passed and Approved on June 26, 2012, by the following votes.
City of Hollister: ____DAVID RUBCIC_____________
City of San Juan Bautista ______________________________ County of San Benito _____MARGIE RIOPEL ___________
San Benito Water District _____DALE ROSSKAMP__________
Sunnyslope Water District ______KEN GIROUARD___________ San Benito County Office of Ed _____________________________ Council of Governments ______LISA RHIENHEIMER________
LAFCO ______________________________
Integrated Waste Management _____________________________ *MEMBERS NOT PRESENT: ROGER GRIMSLEY, CITY OF SAN JUAN BAUTISTA; MIKE SANCHEZ, SAN BENITO COUNTY OFFICE OF EDUCATION; GARY ARMSTRONG, LAFCO; MANDY ROSE, INTEGRATED
WASTE MANAGEMENT
** The EMS Agency was added as a member at the meeting of June 26, 2012. Beginning July 1, 2012 the EMS Coordinator or her designee will be a voting member and represent her agency on the GIS Steering Committee.
ATTACHMENT A
FY 2012/2013 - USER FEES AND MAP LAYER FEES
BASIC MAINTENANCE COSTS DISTRIBUTED EQUALLY
MAINTENANCE OF BASE MAP
GIS ANALYST $ 30,000
LYNX TECHNOLOGY $ 34,000
GIS WEB SITE MAINTENANCE (LYNX ) $ 6,000
SOFTWARE LICENSES $ 10,000
TOTAL MAINTENANCE COST $ 80,000
MAP LAYER MAINTENANCE / FUNCTION
SAN BENITO COUNTY $30,000
SBC GENERAL PLAN LAYERS
SBC ADDRESSING FUNCTION
SBC COMMUNICATIONS FUNCTION
SBC EMERGENCY SERVICES FUNCTION
SBC ELECTIONS PRECINCT LAYER/REDISTRICTING
CITY OF HOLLISTER $5,000
GENERAL PLAN LAYERS / ADDRESSING UPDATE
ELECTION PRECINCT LAYERS/ FIRE & WATER
SBC WATER DISTRICT – $5,000
PIPELINE, VALVE & WELL LAYERS
DISTRICT BOUNDARY
SUNNYSLOPE WATER DISTRICT- $5,000
PIPELINE, VALVE & WELL LAYERS
DISTRICT BOUNDARY
GIS PARTNERS – DISTRIBUTION OF COSTS
BASIC MAINTEN. LAYER /FUNCTION TOTAL COST
SBC WATER DISTRICT $ 8000.00 $ 5,000.00 $ 13,000.00
CITY OF HOLLISTER $ 8000.00 $ 5,000.00 $ 13,000.00
SUNNYSLOPE WATER DISTRICT $ 8000.00 $ 5,000.00 $ 13,000.00 CITY OF SAN JUAN BAUTISTA $ 8000.00 $ 0 $ 8000.00
SBC OFFICE OF EDUCATION $ 8000.00 $ 0 $ 8000.00
COUNCIL OF GOVERNMENTS $ 8000.00 $ 0. $ 8000.00
LAFCO $ 8000.00 $ 0 $ 8000.00
INTEGRATED WASTE $ 8000.00 $ 0 $ 8000.00
EMS AGENCY $ 8000.00 $ 0 $ 8000.00
SAN BENITO COUNTY $ 8000.00 $ 30,000.00 $ 38,000.00
TOTAL $ 80,000.00 $ 45,000 $ 125,000.00
ATTACHMENT B
FY 2012/2013 GIS BUDGET BUDGET UNIT #1001107
CATAGORY EXPENSES
SALARIES
SALARIES $ 67,065.00
OASDI/MEDICARE $ 5,130.00
GROUP INSURANCE $ 2,284.00
WORKERS COMP $ 229.00
PERS $ 13,160.00
OPEB $ 8,435.00
$ ___________
$ 96,303.00
SERVICES & SUPPLIES
COMPUTERS - LICENSES $ 10,000.00
OFFICE SUPPLIES $ 500.00
PROFESS SERVICES $ 40,000.00
$ 50,500.00
________________
TOTAL BUDGET $ 146,803.00
Item: ___
City Council Meeting
December 19, 2023
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: DECEMBER 19, 2023
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: AGREEMENT WITH EMC PLANNING GROUP TO AMEND THE
2022 DRAFT COMMUNITY PLAN TO REFLECT RECENT
RECOMMENDED CHANGES TO THE PROPOSED SPHERE OF
INFLUENCE (“SOI”)
RECOMMENDED MOTION:
Adopt the attached draft Resolution approving the scope of work for EMC Planning Group to amend the draft 2022 Community Plan to reflect the changes to the SOI.
RECOMMENDATION:
Adopt the attached draft Resolution authorizing the City Manager to execute a new Agreement with the EMC Planning Group titled “Infill Frame Work and Targeted General Plan Amendment” that will amend the draft 2022 Community Plan to reflect the proposed changes to the SOI considered November 14, 2023,
EXECUTIVE SUMMARY:
In 2021, the State awarded the City $160,000 in SB2 Grant Funds that have to be used housing related planning efforts before June 30, 2024. All but $10,000 of these funds have been used to study the City’s capacity to meet its regional housing needs. A Community Plan was drafted by the EMC Planning Group in 2022 based on the assumptions that the SOI would include properties currently outside the City’s political boundaries. However, the proposed SOI changed in 2023 and no longer includes properties beyond the political boundaries. The City has approval from HCD to use the remaining $10,000 to amend the 2022 Community Plan to one focused on infill development. Attached is the EMC Planning Group’s proposed scope of work to complete the “Infill Frame Work and Targeted General Plan Amendment.” If approved it will amend the 2022 Community Plan to reflect the newly proposed SOI, and help complete the General Plan Amendment and LAFCO’s acceptance of the SOI amendment.
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BACKGROUND:
The attached 7-page report details the background of the revised Sphere of Influence, Urban Growth Boundary and Planning Area, including definitions and other critical terms. It describes its relevance to the General Plan and other municipal codes and policies. Page 6 of this report describes the future growth implications of the proposed SOI and the process required to get the SOI amended.
FISCAL IMPACT:
The State issued the SB2 Grants in 2019 providing funds cities to plan how they will meet their regional housing needs assessments. Housing and Community Development (“HCD”) awarded $160,000 to the City as provided for in the budget shown on the first attachment of the attached proposed Resolution. Over the past three years, the City has added to the SB2 budget increasing it from $160,000 to $270,000. Of that total, $129,000 remains.
The cost estimate is $111,625. To get the new SOI through LAFCO to the County Recorder’s Office will cost another $37,500.
ATTACHMENTS:
A. SB 2 Budget and Status
B. Draft Resolution
C. Background Details
RESOLUTION NO. 2023- XXX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA APPROVING AN AGREEMENT WITH EMC PLANNIGN GROUP TO AMEND THE 2022 DRAFT
COMMUNITY PLAN TO REFLECTS RECENT RECOMMENDED CHANGES TO PROPOSED SPHERE OF INFLUENCE.
WHEREAS, On September 17, 2019, the City Council approved an application to the State Department of Housing and Community Development (“HCD”) for $160,000, and that grant was awarded in January 2022; and
WHEREAS, the SB2 Grant funds were used to hire the EMC Planning Group to write a Community Plan to reflect policies and land use changes in the then proposed Sphere of Influence; and
WHEREAS, the 2022 Community plan included analysis of the City’s housing opportunities and constraints, community outreach and meetings, the draft community plan, and design guidelines, the budget for which is the first attachment provided in this Resolution; and WHEREAS; the budget indicates that HCD and the City agree to have spent all but $10,000 of the $160,000 SB2 Grant and that this balance of funds can be used to update the Community Plan to reflect changes to the proposed Sphere of Influence considered in the Notice of Intent, Resolution 2023- 71, approved November 14, 2023; and WHEREAS, the second attachment is a $111,625 proposal from the EMC Planning Group entitled “Infill Frame Work and Targeted General Plan Amendment” date November 30, 2023 intended to be the study that implements the infill designs of the new update proposed SOI; and
WHEREAS, the EMC scope was shared with the UGB/SOI Committee Wednesday December 13, 2023, and was well received; and
WHEREAS, the attached budget, signed and approved by HCD, includes a schedule indicating City approval of the scope before December 20, 2023; and WHEREAS, staff is requesting the City Council’s approval of this proposed infill study that would elaborate on how the new proposed SOI will be capable of meeting the City’s regional housing needs.
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 and attachments are true and correct and are hereby made a part of this Resolution.
2. That it hereby approves the scope of work proposed by the EMC Planning Group to update the Community Plan to reflect the changes to the SOI recently considered by the City Council at its November 14, 2023 City Council meeting.
3. The City Council authorizes the City Manager to amend the current Agreement, Planning Group to include the completion of the “Infill Frame Work and Targeted General Plan Amendment.”
.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista its regular meeting held on the 19th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, Deputy City Clerk
Item: # 7.A
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December 19, 2023
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ATTACHMENT C
PROPOSED AGREEMENT WITH EMC PLANNING GROUP TO PREPARE A SAN JUAN BAUTISTA COMMUNITY PLAN: INFILL FRAMEWORK AND TARGETED
GENERAL PLAN AMENDMENT
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 depicted in the General Plan. The maps referenced in this report can be found at this link:
https://www.san-juanbautista.ca.us/departments/planning/planning_documents.php#revize_document_center_rz927 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). In June 2020 the City established an Ad-Hoc Committee to study an Urban Growth Boundary (UGB) in relation to the “Preferred Growth Scenario” of the current General Plan.
In early 2022 the City Council anticipated the need to reconcile planned growth South of Hwy 156 (South Area Specific Plan) with the results of the evaluation of the City’s a potential Urban Growth Boundary. The South Area Specific Plan effort was combined with the evaluation of an Urban Growth Boundary; therefore the South. the recommendation of the of the UGB Committee was paired with 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 Item: # 7.A
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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 JackieMorris – 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.
DISCUSSION:
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.
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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, 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.
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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.
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) Item: # 7.A
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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?
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.
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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.
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.
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 Item: # 7.A
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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 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 Item: # 7.A
City Council
December 19, 2023
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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:
• 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.