Agenda packet — San Juan Bautista City Council, February 20, 2024

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

CITY COUNCIL

REGULAR MEETING
TUESDAY, FEBRUARY 20, 2024, 6:00 P.M.

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

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

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

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

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

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

2. 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.

3. PRESENTATION
A. San Benito County Tobacco Education Program

4. PUBLIC HEARING
A. An Ordinance of the City of San Juan Bautista Amending Chapter 5, Refuse Collection and Recycling, of the municipal Code to Update Nonexclusive Franchise Agreements for the Collection of Solid Waste to Comply with SB1383.

Page | 2 City Council February 20, 2024
Recommendation: Introduce an ordinance amending Chapter 5, Refuse Collection and Recycling, of the San Juan Bautista Municipal Code to update the definitions and Franchises for solid waste collection to comply with SB 1383 requirements waive the first reading, and hold a Public Hearing.

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. Approve a RESOLUTION Authorizing Closure of Streets for Warner Bros Pictures “BC Project”
C. Approve a RESOLUTION Authorizing Closure of Streets for Community Street Mandala.

D. Approve the Regular Meeting Minutes of October 17, 2023.

E. Approve the Special Meeting Minutes of November 14, 2023.

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. Fiscal Year 2023-2024 Mid-Year Budget Adjustment
Recommendation: Approve a RESOLUTION amending the budget for Fiscal Year 23/24 as indicated to reflect higher than expected revenues, savings, and several new projects and studies to be initiated before the end of the fiscal year (June 30).

8. DISCUSSION ITEMS
A. Focus on Downtown; A. Parking Management Plan; B. Vacancy Ordinance; C. Façade Improvements.

9. FUTURE AGENDA ITEMS

10. 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 Page | 3 City Council February 20, 2024
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 Acting 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 Elizabeth Soto, CMC, CPMC, Acting City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.

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

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

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

SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the 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, February 16, 2024, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website. Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.

San Benito
County
Tobacco Education Program
February 20th, 2024
Tobacco Products
Referring to Commercial Tobacco
Not traditional tobacco which is used by native
and indigenous communities for sacred and
medicinal purposes
Secondhand Smoke
There is no safe level of exposure
to secondhand smoke (SHS);
even brief exposure can cause
immediate harm
Health problems caused by
secondhand smoke in adults who
do not smoke include coronary
heart disease, stroke, and lung
cancer
Secondhand smoke can cause
sudden infant death syndrome
(SIDS), respiratory infections,
ear infections, and asthma
attacks in infants and children
Thirdhand
Smoke
Thirdhand smoke is made up of the
pollutants that settle indoors when
tobacco is smoked. The chemicals in
thirdhand smoke include nicotine as
well as cancer-causing substances such
as formaldehyde, naphthalene and
others
Thirdhand smoke poses a
potential health hazard to
nonsmokers — especially
children.

Traditional household cleaning
often cannot effectively remove
thirdhand smoke from many
surfaces.
2023 County Health
Rankings
12% of San Benito
County residents are
current cigarette
smokers, higher than
the state average of 9%
2019-2021 California
Healthy Kids Survey
23% of 11th
grade students
said they were
current users of
vape products
2020 Ask CHIS

8.8% of adults over
18 in SBC smoke
tobacco compared to
only 6.7% of the
state
San Benito
County Stats

For questions,
Please reach out to:

Crystal Ortiz
Project Coordinator
[email protected]
Javier Perez
Community & Coalition Engagement Coordinator
[email protected]
Thank You
County of San Benito
Integrated Waste Management
Non-Exclusive Franchise
Hauling Permit System
February 20, 2024
● 1995 Joint Powers Integrated Waste Management
Agreement
● 2006 Cost Sharing Agreement and Local Task Force
Integrated Waste Management
Regional Agency
Overview - Non-Exclusive
Franchise Agreements (NEFA)
Exclusive Franchise (Recology) Non-Exclusive Franchise
● Recology San Benito awarded 10 year
contract beginning November 1, 2018
● Mandatory Service Area (mandatory
service)
● Voluntary Service Area (service upon
request)
● Discretionary Service Area (service at
Recology’s discretion)
● Does not include temporary Roll-Off or
Debris Box Service
● Voluntary Service Area & Discretionary
Service Area
● Construction and Demolition (C&D)
debris collection
● Temporary Roll Off or Debris Box
Service
● Ongoing and Regular Debris Box
Service
Solid Waste and Recyclables Collections Areas
Who Needs NEFA?
Any solid waste hauler that collects solid waste, recyclables, organic materials, and/or construction and demolition materials in San Benito County, Hollister and San Juan Bautista.

What are the current requirements for the solid waste hauler? ● Monthly reporting
● Monthly payments
Rural Exemption and Legislative
Compliance
● SB 1383 implementation requirements began in
January 2022 and requires the collection of organics
Statewide
● San Benito County has an exemption for portions of
SB 1383 as a Rural County
● The Rural County Exemption will expire on December
31, 2026 and the proposed permit language
anticipates this change
Proposed Improvements
● Non-Exclusive Franchise Agreement (NEFA) to
change to a Permit System for Haulers
● Consolidated administration of State Requirements:
○ To provide recycling & organics service to regular garbage customers (waivers allowed)
○ Standardize container colors/labels
○ Diversion of recycling and organics
○ CalRecycle annual reporting
● Removes requirement to submit Recycling Plan
● MOU formalizes existing IWM oversight over NEFA
Non-Exclusive Franchise Agreements
(NEFA) - Timeline to Date
Date Action
June 16, 2022 NEFA Presentation: Overview of Process and Compliance Needs to the Local Task Force (LTF)
December 15, 2022 NEFA Presentation: Introduction of Permit to LTF June 15, 2023 NEFA Presentation: Update & Project Timeline Introduction to LTF October 26, 2023 NEFA Presentation: Project Timeline Update to LTF November 2023 Review MOU, permit, and code revisions with County Counsel, and the COH and SJB City Managers and their respective Counsels
December 8, 2023 Inform haulers of anticipated changes and of December 14, 2023 LTF meeting December 14, 2023 NEFA Presentation: Permit Hauling System LTF provided direction to recommend to the City of Hollister, City of San Juan Bautista, and County of San Benito to approve 1) the Memorandum of Understanding for the establishment and administration of a Non-Exclusive Permit System for the collection and diversion of solid waste, and 2) relevant code of ordinance revisions.

Non-Exclusive Franchise Agreements
(NEFA) - Timeline Next Steps
February - March
2024
Cities to consider approval of MOU, with hauling permit provided informationally.

County to consider approval of MOU and hauling permit. County and Cities to hold public hearings for consider code of ordinance updates.

Meetings and Public Hearings
County of San Benito: February 06 and February 27, 2024 City of Hollister: February 05 and February 20, 2024
City of San Juan Bautista: February 20 and March 19, 2024 Before March 2, 2024 Provide haulers agreement termination letter – 120 day notice by March 2, 2024 March 2024 Hauler Workshop
April 2024 IWM NEFA webpage updated with approved hauling permit & reporting forms May – June 2024 IWM staff to review and approve permits June 2024 IWM to remind haulers that existing agreements are lapsing July 1, 2024 New hauling permit goes into effect
Staff Recommendation
Staff respectfully recommends that the Board:
1) Receive presentation from staff and solid waste consultant R3 that includes first reading of the Ordinance Transitioning from Non-Exclusive Franchise Agreements to Hauling Permits
2) Adopt a Memorandum of Understanding between the
Integrated Waste Management Regional Agency Members for the establishment of Hauler Permit System
Feedback &
Questions
1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF SAN BENITO AND THE CITIES OF SAN JUAN BAUTISTA AND HOLLISTER FOR THE

ESTABLISHMENT AND ADMINISTRATION OF A NON-EXCLUSIVE PERMIT SYSTEM FOR THE COLLECTION AND

DIVERSION OF SOLID WASTE
THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into this _____ day of _____________, 2024, by and between the County of San Benito, hereinafter called "the County" and among the City of San Juan Bautista, and the City of Hollister, hereinafter called "the Cities." W I T N E S S E T H:

WHEREAS, the County and the Cities entered into a Joint Powers Integrated Waste Management Agreement in 1995, pursuant to Public Resource Code Section 40970, to form the San Benito County Integrated Waste Management Regional Agency, hereinafter referred to as “Regional Agency"; and WHEREAS, as the lead agency of the Regional Agency, the County has been assisting the jurisdictions within the County with compliance and any applicable exemptions concerning AB 939, AB 341 and AB 1826 and is assisting with SB 1383 applicable exemptions and compliance; WHEREAS, the Regional Agency has been granted a rural exemption from SB 1383 requirements to establish an organics waste collection program due to the County’s rural composition.

WHEREAS, the SB 1383 rural exemption is anticipated to expire on December 31, 2026 and not all areas of SB 1383 are exempt under the rural exemption granted by CalRecycle, including some elements of program implementation and annual reporting requirements to CalRecycle.

WHEREAS, the County and the Cities will continue working towards SB 1383 compliance and development of effective recycling & organics waste collection programs.

WHEREAS, AB 939 mandates the diversion of 50% of the solid waste generated within the County.

WHEREAS, Article 3, §15.01.041 collection franchise or permit requires that the Board of Supervisors may determine, pursuant to state law, if a collection franchise or permit shall be awarded exclusively or nonexclusively, with or without competitive bidding. The Board shall specify the duration of the franchise or permit and shall specify, by resolution, an appropriate franchise or permit fee.

WHEREAS, the County and the Cities executed the Cost-Sharing Agreement in May of 2006 which further defines that the County oversees refuse and recycling collection, disposal and processing contract operation, and shall provide for strict accountability of all funds received or disbursed by the Regional Agency and shall provide reports of all receipts and disbursements, pursuant to Government Code section 6505. Any contracts entered into as part of duties under the Cost-Sharing Agreement by the County of San Benito, which contemplate a charge to residents and commercial and industrial businesses, shall be reviewed and approved by the Local Task Force and further approved by the representative governing bodies according to their statutory authority.

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 2 WHEREAS, the County and its cities have been participating in a non-exclusive franchise agreement (NEFA) system to ensure proper reporting of garbage, recyclables and organics collected and fees paid as appropriate.

WHEREAS, the County intends to formalize this relationship by administering the program on behalf of the Cities through this memorandum of understanding.

WHEREAS, based on best practices, County staff will revise the current NEFA system into a permit system to be more consistent with local regulatory powers and ordinances, to implement a more effective recycling & organics waste collection program, and to ensure ongoing SB 1383 compliance and reporting is conducted on behalf of the County and Cities.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

AGREEMENT

1. Recitals.

The foregoing recitals are true and correct and hereby incorporated herein.

2. Term.

This MOU shall commence on approval of all the parties and remain in full force and effect until terminated as set forth in Section 11.

3. County Responsibilities
The County shall:

A. Create and coordinate a non-exclusive permit system consistent with Article 5 of the County Code of Regulations and Exhibit A for the collection of garbage, recyclables, and organics on behalf of the City so long as this Memorandum of Understanding is in effect in its entirety. The Board may, from time to time, adopt any regulations governing the issuance of solid waste collection permits. However, any agreements or contracts that contemplate a charge to residents and commercial and industrial businesses, shall be reviewed and approved by the Local Task Force and further approved by the representative governing bodies according to their statutory authority.

B. Pursuant to Section 15.01.041 of the County Code of Regulations, the Integrated Waste Management Director shall be authorized to execute such a permit in writing with any person desiring to provide solid waste collection and roll-off collection services pursuant to the permit approved by the Board.

C. Create and oversee the actual permits and reporting mechanisms to be completed by the haulers on behalf of the City so long as this MOU is in effect in its entirety.

D. As described in the Cost Sharing Agreement between the parties, shall collect, distribute and administer the appropriate fees (franchise fees as set by Cities and the County to be paid to Cities and County, and the permit fee to be retained by County) so long as this MOU is in effect in its entirety.

E. Implement other administrative necessities to ensure the effective administration of the permit system.

F. Report annually to the Local Task Force on the effectiveness of the permit system.

G. Compile the information and data necessary to complete required reports to CalRecycle as the lead agency of the Regional Agency.

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 3 4. City Responsibilities
The Cities shall:

A. Enter this Memorandum of Understanding.

B. Provide information. Within thirty (30) days of request by the County, or as soon as such information is available, the City will share with the County, data, documents, contact information for any hauler operating within the City limits in which it is familiar.

C. Work with the County on any related issues requiring jurisdictional assistance including enforcement to help maximize diversion by all haulers operating within City boundaries.

D. Review and provide consideration of any changes to agreements or contracts that contemplate a charge to residents and commercial and industrial businesses.

5. Indemnification/Hold Harmless.

Each Party shall solely be liable for any and all damages, including attorney's fees, resulting from the actions or omissions arising from its performance of the terms of this MOU. Each Party (the "Indemnifying Party") shall indemnify, defend and hold harmless the other Party (the "Indemnified Parties") from and against any and all claims, demands, actions, losses, damages, assessments, charges, judgments, liabilities, costs and expenses (including reasonable attorneys' fees and disbursements) that may from time to time be asserted by third parties against the Indemnified Parties because of any personal injury, including death, to any person or loss of, physical damage to or loss of use of real or tangible personal property, to the extent caused by the negligence or misconduct of the Indemnifying Party, its agents, employees or contractors in the performance of this MOU.

For the purposes of indemnification set forth in this MOU, "Indemnified Parties" means the applicable party, its affiliates, successors, and their employees, directors, officers, agents, and volunteers. The Indemnified Parties: 1) shall notify the Indemnifying Party in writing promptly upon learning of any claim or suit for which indemnification may be sought, provided that failure to do so shall have no effect except to the extent the Indemnifying Party is prejudiced thereby; 2) shall have the right to participate in such defense or settlement with its own counsel and at its own expense, but the Indemnifying Party shall have control of this defense or settlement; and 3) shall reasonably cooperate with the defense.

6. Amendment of MOU and Merger Clause
This MOU, including the Exhibit attached hereto and incorporated herein by reference, constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and will become effective when signed by both parties.

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 4 7. Records
The County shall maintain and preserve all records relating to this MOU in its possession and those of any third-party performing work related to this MOU for a period of five (5) years from the termination of this MOU.

8. Assignability
The County shall not have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any act required under this MOU without the prior written consent of the City.

9. Notices
Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed:

In the case of the County, to:

Integrated Waste Management Director
County of San Benito
2301 Technology Parkway
Hollister, CA 95023
Email: [email protected]
In the case of San Juan Bautista, to:

City Manager
City of San Juan Bautista
311 Second Street
PO Box 1420
San Juan Bautista, CA 95045
Email: [email protected]
In the case of Hollister, to:

City Manager
City of Hollister
375 Fifth Street
Hollister, CA 95023
Email: [email protected]
All notices and communications should be addressed to the jurisdiction contact listed and be sent by both email and through the United States Postal Service to ensure all communications are received by the appropriate jurisdiction contact. Staff changes may occur and communicating via multiple methods will ensure receipt of notifications by the jurisdictions.

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 5 10. Controlling Law and Venue
The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this action must be brought in the Superior Court of California in and for the County of San Benito.

11. Term and Termination
Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on January 1, 2024 and shall automatically be renewed from year to year on the same terms and conditions. This MOU may be terminated without cause by the City or the County Board of Supervisors at any time upon thirty (30) days written notice to the other party.

12. Authority
The parties warrant that the signatories to the MOU have the authority to bind their respective entities.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN BENITO CITY OF SAN JUAN BAUTISTA
By:____________________________ By:____________________________ Name Name
Chair, Board of Supervisors Mayor
Date: __________________________ Date: __________________________ ATTEST: ATTEST:

By:____________________________ By:____________________________ Clerk of the Board of Supervisors Clerk, City of San Juan Bautista Date:__________________________ Date:___________________________ Approved as to Legal Form: Approved as to Legal Form:

San Benito County Counsel’s Office City Attorney, City of San Juan Bautista By:____________________________ By:____________________________ Date:__________________________ Date:___________________________

CITY OF HOLLISTER
By:____________________________
Name
Mayor
Date: __________________________
ATTEST:

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 1/25/2024
6 By:_____________________________
Clerk, City of Hollister
City Attorney, City of Hollister
By:____________________________
Date:___________________________
EXHIBIT A – PERMIT SYSTEM DESCRIPTION
The activities listed below make up the County of San Benito’s Non-Exclusive Franchise Solid Waste Collection and Roll-Off Collection Permit System administered by the County on behalf of the Cities.

I. ORIGINATION OF SOLID WASTE DOCUMENT
It is unlawful for any person to transport solid waste, soil, or fill material within the county without an origination of waste document. An origination of waste document is a document which identifies the nature of the waste, where the waste was located before it was loaded for transportation, the estimated weight of the solid waste, a statement identifying the person in possession of the solid waste before the transporter of solid waste took possession of the solid waste and a statement identifying all transporters of solid waste. The origination of solid waste document shall be signed by the person in possession of solid waste before transportation of solid waste commenced and all transporters of the solid waste certifying under penalty of perjury the accuracy of the information contained in the origination of solid waste document. The county shall prepare a standard origination of solid waste document. The use of a copy of the standard form or any form substantially similar shall comply with this section.

II. NON-EXCLUSIVE PERMIT
The Board shall approve by written resolution from time to time a non-exclusive permit system authorizing non-exclusive solid waste collection in the discretionary area and roll-off collection throughout the Regional Agency. Following the approval of the permit system, the Integrated Waste Management Director shall be authorized to execute such a permit with any person desiring to collect solid waste in unincorporated area of the County or to provide roll-off collection throughout the Regional Agency. The Board may, from time to time, adopt any regulations governing the issuance of solid waste collection permits.

The County will develop and coordinate a standardized and uniform San Benito Countywide NonExclusive Collection Permit Program consistent with and compliant to California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. The program will operate within San Juan Bautista’s and Hollister’s boundaries and will replace the need for San Juan Bautista and Hollister to create such a non-exclusive collection permit program on their own. This program will operate in the unincorporated areas of the county as well as the jurisdictions in the county agreeing to the MOU.

Through email, letters, or other direct or electronic communication, the County shall annually notify non-exclusive collection haulers within each Jurisdiction of their requirements to hold a permit as established pursuant to Section 18991.3 and 18991.4 of the Regulations.

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 7 III. TERMS OF PERMITS
a. The permit shall provide for a term of three years which shall renew automatically unless revoked as determined by the Director in his/her sole discretion. b. The permit shall provide for a permit fee which shall be determined by the County and paid by the permittee at the time of the permit submittal, and upon any permit renewal. c. Franchise fees shall be paid on a quarterly basis with payments submitted by permittee every three months. The Board of Supervisors, the City of San Juan Bautista City Council and the City of Hollister City Council may adopt new franchise fees by written resolution from time to time, following a public hearing. Notice of public hearing shall be posted in a newspaper of general circulation not less than ten days prior to the date of the hearing. d. The permit shall provide that the Permittees prepare and file reports with the County to include, without limitation, information about the volume and type of solid waste, about the location where the transported solid waste is generated, and information about recycling, composting and other recovery efforts.
e. The permit may require a bond as an undertaking to insure compliance with this chapter and with other requirements imposed by law.

IV. REGULATION OF FEES
a. The Board reserves the authority to establish or change, by resolution, a schedule of fees to be charged for the collection of solid waste as regulated by this chapter. b. A company operating under a permit shall comply with all conditions specified in the permit and all provisions of this chapter.

V. REPORTING AND RECORDKEEPING
a. The County shall develop reporting forms for Quarterly and Annual Reports from Haulers for information required by section 18994.2 of the regulations. b. Upon request by a CalRecycle representative, the County will provide access to the Implementation Record within 10 business days. In conformance with the California Public Records Act (Government Code §6250 et seq.), County will also respond to a request for public records contained in the Implementation Record. County and the Cities shall each notify the other if either the County or a City receive a request for all or part of the Implementation Record and coordinate a response to such request.

VI. ENFORCEMENT

1. The County will conduct enforcement of the ordinance within the County and participating Cities using a complaint-based system consistent with the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants. The County will respond to complaints, investigate, and resolve reported issue(s).

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 8 2. The County will keep detailed records of enforcement in the County and the Cities for a minimum of five (5) years.

3. The County will provide the necessary records to the Cities for required reporting about SB 1383 efforts to CalRecycle.

4. The County will notify the Cities promptly about any related issues that arise that require the Cities assistance or to request the Cities lead in resolving the issue(s) related to noncompliance.

5. The Cities will work with the County on any related issues requiring jurisdictional assistance or lead in resolving the issue(s) related to complaints and/or noncompliance by any waste haulers operating within the County and Cities boundaries.

VII. ISSUANCE OF PERMITS, COLLECTION OF FEES, PENALTIES, FINES AND LIQUIDATED DAMAGES The County is granted authority to issue permits to non-franchised collection haulers and to collect fees, issue penalties, fines, and liquidated damages to Permittees for implementation of the non-exclusive permit system and for issuing any violations of the permit or Municipal Code regulations.

VIII. EXEMPTION FROM REQUIREMENT OF PERMIT
The following persons are exempt from the permit requirement specified above and may collect solid waste without the approval of the county:
i. Recyclable and Organic Materials: Other persons shall maintain the right to accept source separated recyclable materials and source separated organic materials provided that such person paid the service recipient for materials, so long as there is no net payment of any type made by the service recipient to such other person including, without limitation, for rental of collection or storage containers, loading or transporting of materials, and/or disposal;
ii. Self-Hauled Materials: Business owners or residents may dispose of garbage, recyclable materials, and compostable/organic materials generated on their own premises with their own vehicle;
iii. Donated Materials: Items that are source separated by the generator and are and donated to youth, civic, or charitable organizations;
iv. Beverage Containers: Containers delivered for Recycling under the California Beverage Container Recycling and Litter Reduction Act, Section 14500, et seq.

California Public Resources Code;
v. Materials Removed by Customer’s Permittee as Incidental Part of Services:

Garbage, recyclable materials, compostable/organic materials, and/or C&D removed from a premise by a Permittee (e.g., gardener, landscaper, tree-trimming service, construction Permittee, residential clean-out service) using Permittee’s DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A 9 own vehicle, equipment, and employee(s) as an incidental part of the total service offered by that Permittee, rather than as a hauling service; vi. Source Separated E-Waste and Source Separated Universal Waste: Discarded electronic equipment and Universal Waste including, but not limited to, televisions, computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices.
“Universal Waste” means all wastes defined by Title 22, Subsections 66273.1 through 156 66273.9 of the California Code of Regulations or successor regulations.

These include, but are not limited to, Household Batteries, fluorescent light bulbs, mercury switches, and E-Waste;
vii. Animal, Grease Waste, and Used Cooking Oil: Animal waste and remains from slaughterhouse or butcher shops, grease, or used cooking oil; viii. Sewage Treatment By-Product: By-products of sewage treatment, including sludge, sludge ash, grit, and screenings;
ix. Excluded Waste: Excluded Waste regardless of its source, which means Hazardous Substances, Hazardous Waste, Biomedical Waste, volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material, waste that Permittee reasonably believes would, as a result of or upon Disposal, be a violation of local, State or Federal law, regulation or ordinance, including land use restrictions or conditions, waste that cannot be disposed of in Class III landfills, waste that in Permittee’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Permittee or Regional Agency to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Residential Solid Waste after implementation of programs for the safe collection, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
x. Materials Generated by State, County, and Federal Facilities: Materials generated by State, and Federal facilities located in the Service Area provided that the generator has arranged services with other persons or has arranged services with the Permittee through a separate agreement.

DocuSign Envelope ID: 878D1601-3619-4120-BE20-EF3857D6E47A ATTACHMENT 1
SJB Foodware City Ordinance
Restaurants Retail Stores
In Compliance 9 18
Almost in Compliance 3 7
Not in Compliance 4 1
Retail Compliance # of businesses
Charging and giving out recycled paper
bags
7 Giving out paper bags, not charging (or
only sometimes)
10 Reusing grocery store bags (not charging) 5
Doesn’t Charge For Bags:
● Noviembre 84 Boutique
● Lois’s Home Decor and Gifts
● Pueblo Viejo
● San Juan Mission Gift Shop
● Dalia’s
● Utopia
● Visions of Christmas
● Street Urchin
● Livin’ the Green Dream
Business Scenarios:

Livin the Green Dream was given plastic bags from closing business, still has so many left, believes it will take her years to go through, not charging for bags. ● What are alternative uses for the bags? Donating them to the food bank? Of course we do not want them thrown away
● Suggested approach
Inaka refuses to change one of their disposal chopsticks to reusables for dining in, states cleaning it would be gross.
● They are currently asking if it is needed/wanted when people dine-in The San Juan Bakery has flimsy plastic bags for their loafs of bread ● There currently isn’t an easy alternative in ensure the lifespan of the bread stays the same as with the plastic bags
● We could collectively create a list of exempt items if there is no easy alternative, other counties provide similar lists
Businesses We Need Code Enforcement Involved:

We wish for fining the businesses to be the very last resort, we do believe these businesses need an extra push from the city that they need to be in compliance with this ordinance.
● JJ Burgers: Uses plastic straws (doesn’t give to customers only upon request, immediately gives it to them), gives out plastic utensils, gives out to-go containers in plastic bags
● K&K Valero Taqueria: Uses plastic wrapped plastic utensils, still uses styrofoam clamshell containers and small bowls, planning to switch to paper bags for food items
● GG’s Cafe: Uses plastic wrapped plastic utensils, still uses plastic straws (are only given upon request), plastic bags for to-go orders
● Livin’ The Green Dream: I suggest going to them after discussing options for the bags and approach
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Six Month Period Ended December 31, 2023
Item #5E
City Council Meeting
February 20, 2024
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 50% Notes
General Fund 1,337,109 1,123,404 2,142,500 (1,593,243) 52% Special Revenue Funds:

Capital Projects Fund 683,826 167,685 2,836,845 (2,703,471) 6% A Community Development 51,228 22,194 404,514 (393,098) 5% B COPS 81,901 49,998 100,000 (75,000) 50%
Parking & Restroom Fd 14,917 18,439 28,000 (16,269) 66% Gas Tax Fund 45,052 39,271 101,000 (76,799) 39%
Valle Vista LLD 13,265 11,940 23,889 (17,919) 50%
Rancho Vista CFD 33,261 33,756 67,512 (49,481) 50%
Copperleaf CFD 11,325 8,322 16,645 (12,240) 50%
Internal Service Funds:

Blg Rehab. & Replace 19,000 19,000 38,000 (28,500) 50%
Vehicle Replacement 30,000 30,000 60,000 (45,000) 50%
Enterprise Funds:

Water
Operations 621,588 805,086 1,345,000 (904,085) 60%
Sewer
Operations 760,183 921,774 1,390,000 (943,950) 66%
TOTAL Funds 3,702,654 3,250,869 8,553,905 (6,859,055) 38% 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 Six Month Period Ended December 31, 2023
Item #5E
City Council Meeting
February 20, 2024
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 50% Note
General Fund 904,977 1,013,435 2,117,980 (1,104,545) 48% Special Revenue Funds:

Capital Projects Fund 683,826 167,685 2,836,845 (2,669,160) 6% A Community Development 259,854 416,993 674,036 (257,043) 62% COPS 50,000 49,998 100,000 (50,002) 50%
Parking & Restroom Fd - - - -
Gas Tax Fund 8,849 8,638 21,500 (12,862) 40%
Valle Vista LLD 15,608 11,005 22,692 (11,687) 48%
Rancho Vista CFD 20,107 23,396 37,166 (13,770) 63%
Copperleaf CFD 10,912 9,068 16,645 (7,577) 54%
Development Impact Fee Funds
Public/Civic Facility 1,350 1,350 2,700 (1,350) 50%
Library 2,220 2,220 4,440 (2,220) 50%
Storm Drain 1,716 1,716 3,432 (1,716) 50%
Park In-Lieu 150 150 300 (150) 50%
Public Safety 426 426 852 (426) 50%
Traffic 216 216 432 (216) 50%
Enterprise Funds:

Water:

Operations 409,530 342,720 828,749 486,029 41%
Capital 13,475 34,747 (34,747)
Sewer
Operations 485,813 425,137 1,227,618 802,481 35%
Capital 346,411 2,174,571 18,497,240 16,322,669 12% A
TOTAL Funds 3,215,439 4,683,471 26,392,627 13,443,708 18% 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 Batista
Check/Voucher Register - Check Register Current Month
From 12/1/2023 Through 12/31/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
12/15/2023 217235 4Leaf, Inc. 12,921.79
12/15/2023 217236 ACWA Health Benefits Authority 14,179.39 12/15/2023 217237 AFLAC 934.44
12/15/2023 217238 All Clear Water Services 4,100.00
12/15/2023 217239 Ana Gonzalez 700.00
12/15/2023 217240 Association of California Water Agencies 10,635.00 12/15/2023 217241 att.com 76.69
12/15/2023 217242 AVAYA 250.66
12/15/2023 217243 Brigantino Irrigation, Inc. 207.53
12/15/2023 217244 CALNET 387.95
12/15/2023 217245 Clark Pest Control 111.00
12/15/2023 217246 Computershare Corporate Trust 5,000.00 12/15/2023 217247 Cypress Water Services 22,350.00
12/15/2023 217248 Data Ticket Inc. 400.00
12/15/2023 217249 Department of Transportation 744.91
12/15/2023 217250 Don Reynolds 17.00
12/15/2023 217251 Hamner Jewell Associates 74.25
12/15/2023 217252 Judy's Gifts & Awards 12.99
12/15/2023 217253 Margaret Clovis 375.00
12/15/2023 217254 Midwest Tape 63.04
12/15/2023 217255 MNS Engineers, Inc. 720.00
12/15/2023 217256 Monterey Bay Analytical Services 4,616.00 12/15/2023 217257 P G & E 401.39
12/15/2023 217258 Postmaster 1,000.00
12/15/2023 217259 Quadient Leasing USA, Inc. 473.47
12/15/2023 217260 Rx-Tek 1,940.09
12/15/2023 217261 San Benito County Integrated Waste Managm 16,249.49 12/15/2023 217262 Sandra Splitzer or Glenn Spitzer 27.44 12/15/2023 217263 Sound Design A/V Contractors 299.94
12/15/2023 217264 Stantec Consulting Services Inc. 32,668.67 12/15/2023 217265 State Compensation Insurance Fund 5,109.50 12/15/2023 217266 Statewide Traffic Safety Signs 720.44 12/15/2023 217267 Univar Solutions 1,042.61
12/15/2023 217268 Wallace Group 8,736.82
12/15/2023 217269 Wendy L. Cumming, CPA 6,476.25
12/22/2023 217270 4Leaf, Inc. 10,479.54
12/22/2023 217271 Alliant Insurance Services 910.00
12/22/2023 217272 Andrea Balestrieri 148.84
12/22/2023 217273 at&t 306.54
12/22/2023 217274 Baker Supplies and Repairs 22.93
12/22/2023 217275 CALNET 373.05
12/22/2023 217276 Canon Financial Services, Inc 486.74
12/22/2023 217277 Charter Communications 1,163.82
12/22/2023 217278 Code Publishing Company 352.50
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 12/1/2023 Through 12/31/2023
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
12/22/2023 217279 Data Ticket Inc. 400.00
12/22/2023 217280 Design Line & Granger 712.31
12/22/2023 217281 EMC Planning Group Inc. 7,593.46
12/22/2023 217282 Ezequiel Gonzalez / Araceli Silva Solorio 500.00 12/22/2023 217283 First Alarm 493.41
12/22/2023 217284 Graniterock 619.44
12/22/2023 217285 Hollister Auto Parts, Inc. 434.95
12/22/2023 217286 Kysmet Security & Patrol Inc 11,563.00 12/22/2023 217287 Liebert Cassidy Whitmore 565.50
12/22/2023 217288 MNS Engineers, Inc. 127,776.00
12/22/2023 217289 Monterey Bay Analytical Services 3,355.00 12/22/2023 217290 MuniBilling 463.86
12/22/2023 217291 P G & E 12,219.31
12/22/2023 217292 Philip Chan 47.86
12/22/2023 217293 Ready Refresh 448.91
12/22/2023 217294 Regional Government Services 5,730.00 12/22/2023 217295 Rich Brown. 135.00
12/22/2023 217296 Roger Hausmann 700.00
12/22/2023 217297 Sentry Alarm System 477.00
12/22/2023 217298 Smith & Enright Landscaping 5,540.00
12/22/2023 217299 Stantec Consulting Services Inc. 39,242.10 12/22/2023 217300 State Compensation Insurance Fund 5,109.50 12/22/2023 217301 State Water Resources Control Board 7,721.00 12/22/2023 217302 T-Mobile 259.90
12/22/2023 217303 Valero Wex Bank 1,394.45
12/22/2023 217304 Wallace Group 180.00
12/22/2023 217305 Wendy L. Cumming, CPA 7,012.50
12/28/2023 217307 Specialty Construction, Inc. 307,695.50 Report Total 716,657.67
CITY MANAGER’S REPORT
City Staffing
Public Safety Officer (“PSO”) accepted job offer- on board by March 11, 2024
Public Safety Officer- 10 candidates 1 to be selected with help from new PSO
PT Admin Asst- have been able to interview candidates
Recruiting for MW2
Recruiting for PT Library Tech
Appoint Deputy City Clerk as Acting City Clerk

COMMUNITY DEVELOPMENT DEPARTMENT STATUS REPORT
City is Re-Tooling its Community Development Department Contract Staff from 4-Leaf
Adrianna Ortiz and Magda Gonzalez
Ms. Ortiz has served the cities of Hollister and Santa
Barbara as Interim Community Dev. Director
Focus on Current Planning, and Ordinance Revisions
Historic Preservation Ordinance
Zoning Code- TULP Provisions
Economic Development efforts are being reconsidered
Special Events applications are now filed with the City Manager

COMMUNITY DEVELOPMENT DEPARTMENT STATUS REPORT
Draft Housing Element
Sent to the State HCD in September
Comments returned December 20, 2023
Revisions due to HCD 120 days after the Statutory Deadline (12.15.23 + 120 days = 04.13.24)
HCD can limit City access to State Grant funding
Cal Trans Sustainability Grant Application Resubmitted
City applied for a Cal Trans Planning Grant in 2023
Grant Purpose is for planning a multi-model transportation hub The Alameda between Hwy 156- and Franklin
Was not awarded
Resubmitted before the 12.31.23 deadline
$350,000 towards the Third Street Master Plan

COMMUNITY DEVELOPMENT DEPARTMENT STATUS REPORT
Project Status
Gas Station
On track again
Goal is to get the major milestones completed
Then issue a new permit – maximizing the developer’s window Casa Rosa
Extended building permit to June 30, 2024
Worked with Owner on SWPPP
Retained a local contract to complete infrastructure
Market on Muckeleme
Slowly working to compete tenant improvements
Spoke this week to owner’s daughter

COMMUNITY DEVELOPMENT DEPARTMENT STATUS REPORT
HRB Meeting 02.06.24
Complete the CLG Reports for 2022 and 2023
Update Historic Preservation Ordinance
New “Context Statement”
New Grants to update the balance
Include HRB Membership review
Planning Commission
New CD Contract Staff attended
Reviewed proposed Zoning Code Change- TULP
Hillside Development (3rd Street) - Reintroduced
CITY MANAGER’S REPORT
Other Enforcement Updates
Reorganizing Public Safety (new staff referenced above) Security Cameras being installed now
Informal Discussions to the Fire Contract
Fire District Feasibility study – February meeting not productive City Manager part of the selection of a new Fire Chief
ADU Improvement Program
1 application is process
Need to use $75,000 by the end of March
CITY MANAGER’S REPORT
UGB/SOI Committee Meeting 01.23.24
County RMA and LAFCO attended
LAFCO is publishing a draft regional MSR on wastewater soon It can be used for the City’s MSR required with the LAFCO SOI Ap Substantially easier to complete the MSR this way
Not budgeted by LAFCO until new Fiscal Year 24/25
Before LAFCO considers changing the SOI, get a good
agreement with the County
County RMA has a $500,000 to complete an ag preservation plan City and RMA will work together
County has already alerted RMA staff to work closely on County projects with the City
Discussed definitions of different levels of City interest

CITY MANAGER’S REPORT
COG – Hwy 25
Half Day discussion with Caltrans
“CAPTI” requirement (Post MG election)
CalTrans no longer supports adding new lanes alone
Needs to reduce Vehicle Miles Traveled as well
MG = $150 million; project cost is $600-800 million
Can be done Santa Barabara Example
Re-Scope in small phases – sophisticated public campaign COG to present at March meeting
CITY MANAGER’S REPORT
Recreation
Date Night/Speed Dating 02.03.24
Very Successful – 35 attendees
Coming Soon –
Fire Dept Open House (March)
Earth Day at the Plaza (April)
Movie Nights at Verutti Park (May)
CITY MANAGER’S REPORT
Rojas Communication Group= new lobbyist
Discussed funding for the water project
State applications due March 1
Federal application moving forward
Planning a day in Sacramento- March 21 (Council invited!) Help with FEMA applications
Luk Park Master Plan funding
CITY MANAGER’S REPORT
Water
Analyzing water qualities and quantities
Feedback for Hollister and SBC Water District
Microvi Install as W6 out to be soon
30% drawing for Water import reviewed by City Engineer
Meeting with Caltrans RGS the use of HWY 156
Wastewater/Force main
Moving forward after 8 change orders
Sub-grade variations are extreme
CITY MANAGER’S REPORT
League’s City Manager Conference
CRBT Ballot Measureloss of local control
Reso Against
“AI” at City Hall
Need a use policy
Employee use- for city business
Website is critical
Warner Brothers Film Update
Item: # 6.A
City Council Meeting
February 20, 2024

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 16th day of February 2024, 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 16th day of February 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
Deputy City Clerk / Administrative Services Manager
Item: 6.B
City Council Meeting
February 20, 2024
Page | 1
RESOLUTION NO. 2024-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 an application for a Special Event in 2024, and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:

Warner Bros Pictures “BC Project”
Second Street Between Franklin St. & Muckelemi St. (Exhibit A) Polk Street Between 3RD St. & 2ND St.

Mariposa Between 3RD St. & 2ND St.

Washington Street Between 3RD St. & 2ND St.

El Camino Real Between Franklin St. & San Jose St.

February 26-28, 2024, from 4:00 PM – 6:00AM
BE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:

1. All conditions and requirements of agencies, including the Fire Marshall, San Benito County Sheriff, Building Official, Public Works Director, San Benito County Health Dept., San Benito County Integrated Waste Management, Community Development Director shall be met prior to, during, and after the event in the manner deemed necessary by the City Manager.

2. Prior to each event, Sponsors shall submit an agreement to reimburse the City in accordance with an invoice duly issued by the City to cover City expenses as deemed necessary by the City Manager to support administrative, material and City staff time associated with the Street Closure.

PASSED AND APPROVED this 20th day of February 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________
Scott Freels, Mayor
Item: 6.B
City Council Meeting
February 20, 2024
Page | 2
ATTEST:
_______________________________________
Elizabeth Soto, CMC, CPMC, Acting City Clerk
LOCATION #4
Location #4:

San Juan Bautista
Garden
Item # 6.C
City Council Meeting
February 20, 2024
RESOLUTION NO. 2024-XX

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

AUTHORIZING CLOSURE OF STREETS TO ENABLE A COMMUNITY STREET MANDALA ON APRIL 13, 2024:

BE IT RESOLVED that the City Council does hereby authorizes Ramona Hill of Credo Studio to close the following streets on the day(s) and time as follows:

Community Street Mandala
April 13, 2024 from 8:00 AM to 6:00 PM
Franklin Street between Third and Fourth Streets
BE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:

PASSED AND APPROVED by the San Juan Bautista City Council on this 20th day of February of 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

____________________
Scott Freels, Mayor
ATTEST:
_________________________________
Elizabeth Soto, CMC, Deputy City Clerk
Page | 1 City Council Meeting Minutes (October 17, 2023)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MINUTES
OCTOBER 17, 2023

1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 5:01 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.

PLEDGE OF ALLEGIANCE
Councilmember Sabathia led the pledge of allegiance.

ROLL CALL Present:

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

Absent:

Staff Present:

Don Reynolds, City Manager
Jon R Giffen, City Attorney
Brian Foucht, Assistant CM/Community Development Director Elizabeth Soto, Deputy City Clerk
Mayor Jordan recessed to closed session at 5:03 p.m.

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

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

City Attorney Giffen announced that the City Council met in closed session but there was no reportable action taken.

Mayor Jordan reconvened the meeting at 6:02 p.m.

3. PROCLAMATION
The City of San Juan Bautista proclaimed:

A. Philanthropy Day, November 16, 2023
B. National Hispanic Heritage Month, September 15-October 15, 2023 The City Council honored Heidi Balz for being named the Philanthropist of the Year for 2023.

Page | 2 City Council Meeting Minutes (October 17, 2023)

4. PRESENTATION
A. Hazel Hawkins Memorial Hospital Update
Mr. Ray Espinosa, CEO for San Benito County introduced Cecilia Montalvo, ECG Management Consultants. The County of Board of Supervisors missioned staff to review options that will help the hospital in the long run.

Ms. Montalvo provided a brief overview of the Hazel Hawkins Memorial Hospital Assessment.

Councilmember Freels expressed concerned regarding having the city provide any type of funding to Hazel Hawkins Memorial Hospital.

No public comment.

5. INTRODUCTION
A. Introduce Caitlin Brady, Recreation Assistant
City Manager Reynolds introduced newly hired Recreation Assistant Caitlin Brady. Ms. Brady introduced herself. The City Council welcomed Ms. Brady.

6. GENERAL PUBLIC COMMENT
Received general public comment.

7. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
City Treasurer Michelle Sabathia provided the monthly Financial Statement for July 2023. No public comments were received.

B. Reports from City Council Representatives to Regional Organizations and Committees Councilmembers reported on meetings they attended. No public comments were received.

C. City Council Announcements
Councilmembers announced upcoming events happening in the city. No public comments were received.

D. City Manager’s Report
City Manager Reynolds provided a staff report accompanied by a PowerPoint presentation. a. Fire Department Update –
Fire Marshal/Deputy Fire Marshal Charlie Bedolla provided an update on calls received and incidents that happened for September 2023. No public comments were received. b. Sheriff Department Update –
Page | 3 City Council Meeting Minutes (October 17, 2023)

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

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

C. Approve a RESOLUTION Authorizing a Street Closure for a Special Event. Pulled D. Adopt an ORDINANCE Revising Title 13 “Violations” by Repealing and Replacing Article 4 “Noticed Nuisance Abatement Procedure” and Article 5 “Emergency Nuisance Abatement Procedure” of Chapter 1 “Enforcement” by Adoption of an Ordinance Entitled “Alternative Public Nuisance Abatement Procedures.” (Second Reading) E. Approve a RESOLUTION changing the Location of the Public Art Installation at San Juan Bautista Library.

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

G. Approve the Minutes of the Regular Meeting of September 19, 2023. Tabled Item C was pulled
Item G was tabled to the next meeting.

No public comment received.

MOTION:

Upon motion by Councilmember Sabathia, second Councilmember Morris-Lopez, Consent Agenda items A,B and D-F, was approved.

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

None; ABSTAIN: None; ABSENT: None.

9. ACTION ITEMS
A. Agreement with Flock Group, Inc. to Install and Operate a Citywide Security Camera System
City Manager Don Reynolds provided the report. The initial goal of investing in this highly technical equipment, is to cover the basics – entrances and exits. If additional coverage is warranted, additional cameras can be added to each of these systems.

The Flock service agreement is full service – they install, monitor, and maintain all of it. There is a fee for replacing damaged cameras. The City’s role and responsibilities are reduced to accessing stored data for evidence, and the use of the live feed software when needed. The system administrator is intended to be the newly recruited Public Safety Coordinator.

The proposed agreement that is attached is for only two-years at $18,000 per year ($3,000 per camera times 6-cameras). The first year includes $2,100 for the installation, training and testing of the system.

MOTION:

Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, RESOLUTION Authorizing the City Manager to Execute an Agreement with Flock Group, Inc. for the Lease of a Citywide Security Camera System, was approved.

Page | 4 City Council Meeting Minutes (October 17, 2023) AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None; ABSTAIN: None; ABSENT: None.

B. Agreement with National Main Street Centers
City Manager Don Reynolds and Assistant City Manager/Community Development Director Brian Foucht provided the report. The City Council accepted the annual report of the EDCAC and directed staff and the Committee to prepare an economic development strategy for the City. The EDCAC is expected to partner with State and County agencies and entities to draft a strategy that is based on the City's history and assets. revitalization of Third Street, envisioned by the Third Street Master Plan, is viewed by the EDCAC as an essential part of an overall economic development strategy.

Amanda Elliott, Program Manager for Main Street America reviewed the Community Assessment and Transformation Strategy Development.

The following members of the public comment commented on the report:

Wanda Guibert
Darlene Boyd
The City Councilmembers expressed concern and were not in favor of supporting the agreement with Main Street Centers.

Motion failed and the City Council took no action.

C. Notice of Intention to Amend the General Plan by Accepting Urban Growth Boundary Ad Hoc Committee Recommended Sphere of Influence, Urban Growth Boundary, and Planning Area
Receive Report from City Manager Don Reynolds and the Urban Growth Boundary Ad Hoc Committee Chair Chris Martorana.

The following members of the public comment commented on the report:

Rosa Loayza
Bob Fulton
Jose Aranda
Fran Fitzharris
Dan DeVries
MOTION:

Upon motion by Councilmember Freels, second Councilmember Sabathia, to bring back the Notice of Intention to Amend the General Plan by Accepting Urban Growth Boundary Ad Hoc Committee Recommended Sphere of Influence, Urban Growth Boundary, and Planning Area, for further discussion, was approved.

Page | 5 City Council Meeting Minutes (October 17, 2023) AYES: Councilmembers: Freels, Freeman, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:

None; ABSTAIN: None; ABSENT: None.

D. Fill a Vacancy on the Planning Commission / Historic Resources Board City Manager Reynolds stated that the Ad Hoc Committee did not have an opportunity to meet and interview the candidates.

Councilmember Morris-Lopez expressed concern regarding the application process.

City Attorney Giffen stated that at the last Council meeting, the candidate to fill a vacancy was voted down. The Municipal Code states that when one candidate is voted down then a new candidate or candidates should be submitted.

Councilmember Sabathia recommend the Council to appoint a new Ad Hoc Committee.

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

MOTION:

Upon motion by Councilmember Sabathia, second by Councilmember Freels, to appoint a new Ad Hoc Committee, was approved.

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

MOTION:

Upon motion by Mayor Jordan, second by Councilmember Freels, to appoint Councilmember Sabathia and Councilmember Morris-Lopez to the Ad Hoc Committee, was approved.

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

None; ABSTAIN: Councilmember; ABSENT: None.

10. DISCUSSION ITEMS
A. First Steps in Considering and Establishing a Golf Cart/Nev Transportation Plan in San Juan Bautista
Item was tabled to the next meeting.

B. Third Street Parklet Status
City Manager Reynolds announced there are changes coming. In March the City Council voted to continue the parklets for food and beverage and retail. Before December 21, 2023, the City Council will need to decide in what direction to move forward.

Mayor Pro Tem Freeman in favor of continuing the parklets until state law allows.

Page | 6 City Council Meeting Minutes (October 17, 2023) The following members of the public commented on the report:

Leanna Brothers
Elise in favor of continuing the parklets
Chris Martorana in favor of restricting the parklets to food and beverage Rhonda Io in favor of parklets
Fran Fitzharris
Jose Aranda in support of business
Margot Tankersley in favor of parklets for food and beverage establishments Wanda Guibert in support of continuing hospitality parklets Cara Vonk
The City Council directed staff to bring back a Resolution at the November 14 meeting to rescind existing resolution.

C. Status of Safety Consideration for State Highway 156 During Construction Item tabled to the next meeting.

11. ADJOURNMENT
Motion to adjourn the meeting by Councilmember Sabathia, second by Councilmember Freels.

All in favor.

There being no other business, Mayor Jordan adjourned the meeting at 12:05 a.m.

APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Page | 1 City Council Meeting Minutes (November 14, 2023)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MINUTES
NOVEMBER 14, 2023

1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 5:06 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.

PLEDGE OF ALLEGIANCE
Councilmember Morris-Lopez led the pledge of allegiance.

ROLL CALL Present:

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

Absent:

Staff Present:

Don Reynolds, City Manager
Jon R Giffen, City Attorney
Brian Foucht, Assistant CM/Community Development Director Elizabeth Soto, Deputy City Clerk

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

No public comment received.

Adjourned to closed session at 5:08 p.m.

City Attorney Giffin announced that there no reportable action.

Open Session was reconvened at 6:15 p.m.

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

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

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

Page | 2 City Council Meeting Minutes (November 14, 2023) D. Approve a RESOLUTION Extending Ridgeline Agreements for the Force Main project.

E. Approve a RESOLUTION Awarding Landscaping Contract in Three Special Districts to Smith and Enright.

F. Approve a RESOLUTION Authorizing the City Manager to Execute a Contract with Paperless Solutions (CPS) for the Purchase of Laserfiche Cloud Municipality Site License for Records Management System.

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

H. Approve the Minutes of the Regular Meeting of October 17, 2023 Consent item H was tabled to next meeting.

No public comment.

MOTION:

Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Freeman, Consent Agenda, items A, B, and D-G, was approved.

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

None; ABSTAIN: None; ABSENT: None
Mayor Jordan pulled item C for correction. The event is on May 23-24,2024.

MOTION:

Upon motion by Councilmember Morris-Lopez, second by Sabathia, Consent Agenda, items C, was approved as amended.

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

None; ABSTAIN: None; ABSENT: None

4. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
City Treasurer Michelle Sabathia provided the financial information for October 2023.

The following member of the public commented on the report:

Michael Ponce
B. Reports from City Council Representatives to Regional Organizations and Committees
Councilmembers reported on meetings they attended. No public comments were received.

Page | 3 City Council Meeting Minutes (November 14, 2023) C. City Council Announcements
Councilmembers reported on upcoming events happening in the city. No public comments were received.

D. City Manager’s Report
City Manager Don Reynold presented the report followed by a PowerPoint presentation.

The following members of the public commented on the report:

Michael Ponce
a. Fire Department Update –
Fire Marshal/Deputy Fire Marshal Charlie Bedolla provided an update on calls received and incidents that happened for October 2023.
b. Sheriff Department Update –
Sergeant Penney is out of the office cost of project / water

5. ACTION ITEMS
A. Draft Parklet Resolution Extending Existing Food and Beverage Parklets to June 2026 Consistent with State Law AB 1217 Signed October 8, 2023 City Manager Don Reynolds provided the report and fielded questions from the Council. The current Parklet Policy allows both retail and catering businesses to use parklets until the deadline January 1, 2024. This was the State deadline established for the sale of alcohol on catering parklets by the previous law AB61. If the City Council wishes to modify the policy consistent with AB1217, a resolution has been drafted to make this policy change for catering businesses only. It can be further modified if the Council deems this to be appropriate. If the Council does not act, all parklets will end January 1, 2024.

Mayor Jordan in favor of extending food and beverage until June 2026.

Councilmember Freels asked for clarification regarding the new regulations.

The following members of the public commented on the report:

Wanda Guibert in favor of food and beverage parklets if Council decide to extend Dr, Mary Bains in favor of extending all parklets
Margaret Galvan in favor of removing all parklets
Jose Aranda in support of all parklets
Professor Bains in favor of extending all parklets
Chris Martorana parklets should be limited to food and beverage Dan DeVries
Luke Kerbs in support of parklets for food and beverage Councilmember Freels stated that he was in favor of keeping the food and beverage parklets per the state law extension and eliminating the retail parklet at the end of the year and keeping the street to a one way.

Page | 4 City Council Meeting Minutes (November 14, 2023) Mayor Pro Tem Freeman support the law as it states
Councilmember Morris-Lopez stated the bakery owner reached out to express concern with the with loss of business from having one-way streets. Councilmember Morris-Lopez stated that she would like to see a master plan that looks at outdoor dining.

Councilmember Sabathia stated that he would like to see a fee schedule in order for the city to recuperate what it has lost.

Mayor Jordan supports the resolution and is in favor of the city recuperating fees for those parklets that are taking up some of the parking spaces.

MOTION:

Upon motion by Mayor Jordan, second by Mayor Pro Tem Freeman, RESOLUTION Extending the Existing Food and Beverage Parklets to June 2026, Consistent with State Law AB 1217, was approved.

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

None; ABSTAIN: None; ABSENT: None.

B. Notice of Intention to Amend the General Plan by Accepting Urban Growth Boundary Ad Hoc Committee Recommended Sphere of Influence, Urban Growth Boundary, and Planning Area (Continued from October 17, 2023)
Receive Report from City Manager Don Reynolds and Ad Hoc Committee Chair 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.

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 is reviewed every five years.

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.

Page | 5 City Council Meeting Minutes (November 14, 2023) Three key features underly the Planning Area concept: 1) Information from the County regarding policies, programs, regulations, and development within the recommended area and 2) Mutual consideration by SJB and County input; and 3) Concerted City and County action.

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

The following members of the public commented on the report:

Rosa Loayza thanked the Council for adding the property Phil Esparza is pleased to see that the Loayza property was added to the map Bob Fulton asked the Council to consider adding the Chritopher Ranch project MOTION:

Upon motion by Mayor Jordan, second by Mayor Pro Tem Freeman, RESOLUTION Accepting the Urban Growth Boundary/Sphere of Influence Committee’s Recommendation; State the Intention to Amend the 2035 General Plan; and Direct the Urban Growth Boundary Ad Hoc Committee to work with San Benito County to establish a Planning Area and related Memorandum of Agreement/Understanding, was approved.

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

None; ABSTAIN: None; ABSENT: None.

C. Fill a Vacancy on the Planning Commission / Historic Resources Board Receive Report/Recommendation from Ad Hoc Committee
Councilmember Sabathia reported out. No public comments were received.

MOTION:

Upon motion by Freels, second by Mayor Jordan, to appointed Iraida H. Pisano to serve on the on the Planning Commission / Historic Resources Board to fill one (1) vacancy for the remainder of the term, was approved.

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

None; ABSTAIN: None; ABSENT: None.

D. Approve a Resolution Seeking from Cal Trans, County, and CHP Increased Safety Measures on Hwy 156 during Construction
City Manager Don Reynolds provided the staff report and fielded questions from the Council.

Construction began on State Highway 156 between Hollister and San Juan Bautista transforming it a two-lane highway to a four-lane highway, several serious accidents have occurred. The worst Page | 6 City Council Meeting Minutes (November 14, 2023) accidents occur from drivers making left-hand turns from County roads onto eastbound Highway 156. This was also an issue on Highway 25, and measures were taken to prohibiting left turns during the hours of 3PM and 7PM. This was on the Agenda at the September Intergovernmental Committee meeting, then take up by COG at its October 11, 2023 meeting. Caltrans directed the County to send a request to them to include the State Highway Patrol requesting that additional safety measures be taken as soon as possible. At the November 1, 2023 Intergovernmental Committee meeting the cities were encouraged to support the County’s request to Caltrans.

The following members of the public commented on the report:

Margaret Galvan
Mikolai
Margot Tankersley
MOTION:

Upon motion by Mayor Pro Tem Freeman, second by Councilmember Morris-Lopez, RESOLUTION requesting the State, County, and CHP to implement increased traffic safety measures on State Highway 156 as soon as possible, was approved.

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

None; ABSTAIN: None; ABSENT: None.

E. Discussion and Direction to Staff: San Juan Bautista Economic Development Program
Recommendation: Discuss and provide direction to staff regarding the overall purpose, organization and staff support for San Juan Bautista economic development.

Brian Foucht, Assistant City Manager/Community Development director provided the report Councilmember Freels in favor of hitting pause and going to a more focus grass roots Focus on true economic development.

Mayor Pro Tem Freeman agrees with Councilmember Freels.

Councilmember Morris-Lopez stated attention should be focused on Third street; membership should be reviewed and is in favor of having the Committee be disbanded.

Councilmember Sabathia in favor of dissolving the committee.

Mayor Jordan thanked GoBiz as advisors and Renee Wells from Economic Development. In favor of dissolving the committee and move in another direction.

The following members of the public commented on the report:

Michael Ponce
Rhonda Io in support of dissolving the EDCAC
Page | 7 City Council Meeting Minutes (November 14, 2023) Margot Tankersley in favor of disbanding the committee

6. DISCUSSION ITEMS
A. First Steps in Considering and Establishing a Golf Cart/Nev Transportation Plan in San Juan Bautista
City Manager Don Reynolds provided the report. Golf Cart/Neighborhood Environmental Vehicles (NEV)
B. City Council Rules of Civility and Decorum for Conduct of City Officials, Employees, and Members of the Public during Public Meetings City Attorney Jon Giffen reviewed the City Council Rules of Civility and Decorum for Conduct of City Officials, Employees, and Members of the Public during Public Meetings and fielded questions from the Council.

C. Consider Workshop on “Wedge Issues” with Special Speaker from California Intergovernmental Risk Authority (CIRA)
Item was tabled to the next regular meeting.

D. ADJOURNMENT
Motion to adjourned the meeting by Councilmember Sabathia, second by Mayor Pro Tem Freeman. All in favor.

There being no other business, Mayor Jordan adjourned the meeting at 10:30 p.m.

APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Item: 7.A
City Council Meeting
February 20, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: FEBRUARY 20, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: FISCAL YEAR 2023/24 MID YEAR BUDGET ADJUSTMENTS
RECOMMENDED MOTION:

Receive a motion to approve the attached Resolution amending the budget for Fiscal Year 2023/24 as indicated to reflect higher than expected revenues, savings and a few new projects and studies to be completed this fiscal year.

RECOMMENDATION:

It is recommended that the City Council adopt the attached Resolution making certain adjustments at mid-year to the 2023/24 Budget.

EXECUTIVE SUMMARY:

Following the acceptance of the Audit (Resolution 2024-014), the Budget “cadence” considers the need for mid-year adjustments. It provides an analysis of the City’s progress towards accomplishing its goals for the year, and recommends adjustments when justified. This year the revenues were stable and in line with the predictions made in June 13, 2023 when the Budget was adopted. There are considerable savings however, allowing for the consideration of a few one-time expenses, or for increasing the City strategic Initiatives. The table provided as the attachment to the Resolution summarizes these findings.

BACKGROUND:

For the past four years, the City has followed a Budget “Cadence” that begins with the new Fiscal Year on July 1. During the summer the City closes its books for the prior fiscal year and prepares for its audit. The audit is prepared in the fall for the City Council’s acceptance in December or January. The Audit confirms the projections made in the third-quarter of the fiscal year as the Budget is prepared. Following any necessary mid-year adjustments, the City works on updating its Strategic Plan and begins the budget process over again in April and May.

Page | 2
FY 2023/24 INITIATIVES
“Attachment 1” to the 2023 Budget Resolution identified 9-programs to be funded from the General Fund Reserve valued at $425,000 for the City to consider last summer with its new Budget.

Program 1 is to re-organize Public Safety. The City is recruiting for its new Public Safety Coordinator now. Program 2 is to recruit help for administrative staff and to keep City Hall open until 5 PM. The recruitment has begun, but the position has not yet been filled.

Program 3 is Economic Development. The Part-Time position was not approved ($40,000) but the Council did approve $31,165 for several programs including the California Main Street program. The Council did not approve the contract with the California Main Street program.

Training was approved for the members of the Economic Development Citizen’s Advisory Committee and that occurred. In December, the Council ended the Committee.

MAY 25, 2023 BUDGET WORKSHOP
UPDATED 6/7/2023

BUDGET CONSIDERATION

SERVICE OBJECTIVE IMPLEMENTATION PROPOSED COST SUPPORT
GENERAL FUND Operations GF Reserve
1 Reorganize Public Safety Add FT Public Safety Coordinator and FT Community Service Officer; eliminate private secuirty
$ (21,295) $ (21,295) $ (21,295)
Adjusted June 5, 2023 for second FT positon (+$13,705)
2 Reorganize City general
services Add PT Admin Asst $ 15,000 $ 15,000 $ 15,000 $ - Add FT Maintenance Worker $ 15,000 $ - $ - $ -
3 Economic Development Add PT Econ. Dev Assistant $ 40,000 $ - $ - $ - Catalyst One Time funding for Training Implementation
projects $ 50,000 $ 31,165 $ - $ 31,165
4 Historic Preservation
Catalyst One Time Funding to Support programs, ordinance and inventory update $ 25,000 $ 12,500 $ - $ 12,500
5 Recreation
Catalyst One Time Funding for summer programs now and
new Rec Tech Position + new summer programs $ 50,000 $ - $ 15,400 6 Capital Improvement
Program
Replace Abbe Park Ball Field Lights, add funding for Luck Park Master Plan and Community Hall acoustical upgrades $ 300,000 $ 300,000 $ 300,000 7 Climate Action Plan Consultant $ 50,000 $ 50,000
8 Library Rain Gutters Informal Contract $ 5,000 $ 5,000 9 CD Fee Study Together with Impact Fee Study $ 35,000 $ 70,000 $ 35,000 Totals $ 473,705 $ 462,370 $ (6,295) $ 449,065
Proposed Budget May 25 $ 43,000 $ 425,000

OUTCOME

FINAL DRAFT BUDGET TO

INCLUDE
Item: 7.A
City Council Meeting
February 20, 2024
Page | 3
Program 4 focuses on Historic Preservation. The Council agreed to fund half of the recommended $25,000. These funds are actively being used to complete the Certified Local Government reports for 2022 and 2023 that will allow the City to receive grant funds from the State Historic Preservation Office to update the Historic Preservation Ordinance. Details of this work, including a new “Context Statement” were discussed at the last HRB meeting.

Program 5 is focused on new Recreation Programs. This year the City hired an ambitious Recreation Assistant at 20-hours per week. She needs the tools to build a strong program and at its last Council meeting the City Council approved a new recreation software program for the City to use in scheduling classes, programs and facility uses. The $15,400 added to the $30,000 budget provides $45,000 of which only $12,000 has been spent.

Program 6 adds $300,000 of funding from the General fund reserve to existing CIP’s that need help. Half the funds are allocated to the Abbe Filed Ball Pak Lights, $75,000 were budgeted to reinforce the $50,000 Community Hall Acoustic project and $75,000 was allocated for the Luck Park Historic Improvements.

Programs 7-9 have not been initiated this fiscal year. The Climate Action Plan (#7) will require an RFP and award of a contract to local consulting firm. The rain gutters have been issued a work order and we are seeking informal bids. The City’s contract planning staff are putting an RFP together for the fee update.

Economic Development One Time Budget Catalyst Funding Detail Line Item
Maximum
Cost Estimate Budgeted
One-Time Fund
Receommendation Comments
CAL-ED Membership- City $ 350 $ - $ 350 https://caled.org/ CAL-ED Membership- EDCAC Members $ 1,000 $ 1,000 Access to resources on-line, and other cities CAL-ED Conference- City staff $ 1,200 $ - $ 1,200 https://caled.org/2023-caled-pre-conference-conference-agenda/ CAL ED Conference EDCAC 5-members $ 6,000 $ - $ 6,000 $3,400 was suggested s for a portable stage CAL ED Basic Training- ED Cert for city staff $ 2,350 $ - $ 2,350 https://caled.org/introduction-economic-development-certificate-program/ California Main Street Membership $ 1,765 $ - $ 1,765 https://www.californiamainstreet.org/ Community Engagement and Assessment $ 15,000 $ - $ 15,000 Third Street Transformation- in the Main Street framework described at the link above
Tool Kits and Self Trainings $ 3,500 $ - $ 3,500 Specific programs to the benefit of City needs Catakyst funding for Downtown $ 18,000 $ - $ - Downtown Organizational needs- feasibility study remove 6.6.23 wrk shp $ 49,165 $ - $ 31,165
Recreation One Time Budget Catalyst Funding Detail
Line Item
Maximum
Cost Estimate Budgeted
One-Time Fund
Receommendation Comments
Recreation Technician $ 35,000 $ 26,422 $ - Recruitment will determine- underway now Volunteer Processing $ 2,000 background checks, finger-printing, etc New Summer Program Funding $ 5,000 To start July 1 before the Rec Tech is hired Program Supplies $ 52,000 $ 750 $ 5,200
$1,000 a week is a lot; suggesting $100 a week for starting new programs Equipment, Tables & chairs $ 6,000 $ - $ 1,200 $3,400 was suggested s for a portable stage Staff/Volunteer Training $ 2,000 $ 1,000 $ 2,000 Annual Conference for Rec Tech = $1,500 Uniform Asllowance- T Shirts $ 5,000 $ 500
$ 100,000 $ 28,672 $ 15,400 Total 1st Year Budget would be $29,072 Page | 4
Of the $425,000, the City has spent approximately $100,000. There is no need for additional funds this Fiscal Year for any of these programs except maybe the Luck Park Master Plan.

LEGACY INITIATIVES
Since 2022, the City has been focused on three initiatives: CIP21.11 - Urban Growth Boundary/Sphere of Influence, (“UGB/SOI”), CIP 22.01 the 3rd Street Master Plan, and CIP 22.02 - Public Safety Committee recommendations.

The UGB/SOI funds have been supplemented by State SB2 grant, preparing a General Plan Amendment to accompany the new SOI. The Third Street Master Plan progress was slowed when a $330,000 grant from CalTrans was not awarded last fall. A second grant application was submitted to CalTrans in December focused on the 3rd Street multi-modal transportation center.

The initial goal of the Public Safety Initiative was to purchase a security camera system, but the City agreed to lease the system rather than purchase one. With the set-up costs the City used $22,000 of the $200,000, leaving a balance of $178,000.

DISCUSSION
The attached Resolution summarizes the status of the three funds most important to the Budget; the General Fund, Water and Sewer Enterprise funds. The General Fund is showing a small growth caused mostly by good interest rates. It is growing 2% faster than anticipated in the Budget, which slower than past years. The two utilities are growing at 10% (water) and 16% (sewer) higher than budget which is strong progress. These are the funds being reserved to pay for the two large water and sewer compliance projects. All three funds are showing various degrees of savings during the first 6-months. The General Fund savings are mostly attributable Public Safety because the second Sheriff Deputy has not yet been filled ($150,000 annual cost, saving $75,000 at midyear).

OPERATIONS
In payroll, the City needs to make three adjustments. These recommended adjustments will be offset this fiscal year by payroll savings within each Department.

1. The Library needs to operate with three employees to assure that it can stay open 6 days a week for between 6 and 7 hours, for a total of 39-hours per week. Recently, only two parttime employes have been working and at times the Library has had to close early. It is recommended that the Library payroll be extended from one to two positions at 20-hours per week, and one position (Lead Library Tech) remains at 30-hours per week.

2. The Recreation Assistant has been very busy identifying and addressing needs in the City.

She has been welcomed with open arms by the community and demand is high. It is CIP Orig Budget Decrease Balance

21.11 UGB/SOI $ 200,752 $ 93,297 $ 107,455

22.01 3rd Street $ 552,580 $ 330,440 $ 222,140

22.02 Public Safety $ 200,000 $ 22,000 $ 178,000
Item: 7.A
City Council Meeting
February 20, 2024
Page | 5
recommended that these part-time hours be extended from 20-hours per week to 30-hours per week.

3. The Public Safety Coordinator position was approved for a salary range of between $50- $67 per hour with a footnote that it may need to be increased. In June it was budgeted at $50 per hour plus benefits for a total annual cost of $142,566. The most recent recruitment has proven that $67 was the mid-range not the top of the range. To budget at $67 per hour would increase the annual budget for the position up $41,177 above the current budget. It is recommended that the salary for this position be increased from a range of $50- $67 per hour, to $60- $74 per hour.

To support Program 1 and the re-organization of Public Safety, the Public Safety Department also will have to fund uniforms, computer, training, and supplies. The cost is estimated to be $5,000.

The City has received two requests for funding; one from a not-for-profit and one other community group. These include $5,000 to support the re-establishment of the San Benito Leadership Academy and $1,500 for the Credo Mandala project. They total of $6,500 can be funded from the current “General Government” Department Budget (45).

The City needs to revisit Program 3 mentioned above, and reconsider its economic development programs. The “One Time Budget Catalyst Funding” table provided above has a $31,165 budget, of which $16,000 was spent for training and memberships, leaving $15,000. Staff has attended and participated in the County Economic Development Subcommittee re-organization, and has had several conversations with their consultant MRG. The cities and County strategies have to be in alignment. At its last meeting October 18, 2023, the EDCAC was to consider the need for an Economic Development Strategic Plan. Simply put, “if you do not have a plan, you might windup somewhere you don’t want to be.” The packet for the October 18 meeting includes a San Juan Bautista Economic Development Strategy completed by a Cal Poly student in 2014. It is interesting and perhaps a good place to start.

Staff has been attending as many economic development seminars with the League of California Cities and other places to hear what others are doing. For example, the City of Moorpark published an RFP for a consultant to develop their first ED Strategy June 2, 2023. In October they awarded a $115,000 contract to consulting firm familiar with their part of Southern California. Maybe the $15,000 could be used to work with MRG to develop an RFP for the City to prepare a new ED Strategic Plan to be included in next Fiscal Year’s budget.

Department Position(s) Current Annual
Budget
Proposed Annual
Budget
Annual Cost
Increase
Fiscal Year Impact
(4-months)
Library
2 Library Tech 1
Library Lead Tech $ 68,021 $ 92,859 $ 24,838 $ 7,451
Recreation Rec Assistant $ 29,642 $ 39,633 $ 9,991 $ 3,003 Public Safety Pub Safety Coord $ 142,566 $ 186,737 $ 44,171 $ 13,251 $ 79,000 $ 23,705
Page | 6
Lastly, the City has been relying on contract services for planning work since December. To continue this level of service additional funding is required. It is estimated that $50,000 will cover 6-months to the end of the fiscal year. This can be paid for by the unexpected increase in the City’s earned interest.

CAPITAL IMPROVEMENTS
The total CIP is budget is $21 million, with $18 million being used on the Sewer Force Main CIP

23.02. That is the City’s highest priority. It began construction last October. As described above, the City budgeted $300,000 from the General Fund Reserve for the CIP in addition to the funds unspent from prior years. The Community Hall Acoustic project CIP 21.24 was increased from a budget of $50,000 to $125,000 using $75,000 of these funds. It was completed at a cost of $90,437, freeing up $34,500 for the fire station roof that needs repairs as soon as possible. $150,000 of the $300,000 budget was set aside for the Abbe Park Ball Field lights which is next on the schedule.

Another $75,000 was set aside to improve the historical buildings at Luck Park.

Adequate funding exists for the City’s immediate priorities that include the Abbe Park Ball Field lights (Program 6). New needs include:

1. A re-roof of the flat roofed Fire Station 4 dormitory. Cost estimates are between $35,000 and $40,000 (equal to the savings from the Community Hall Acoustic project).

2. Vehicle for the second public safety officer (Program 1) – (specs to be determined) estimate is $73,000

3. It is recommended that the City replenish CIP 22.05 after these funds were used to replace the pump at Well 1 last fall. Pump replacement can cost $30,000 and would be funded from reserves by the utility that needs it, between now and June 30th.

The savings in the Public Safety Initiative of $178,000 can be used to pay for a new vehicle and the support supplies and services as indicated under Operations. This would leave $100,000 for new safety initiatives.

FISCAL IMPACT:

This report summarizes the impacts of the Operations Budget and Capital Improvement. It concludes that adequate savings have occurred to present the changes recommended herein with no net impact on the General Fund and only a minor $30,000 dip in the utility enterprise funds.

ATTACHMENTS:

Mid-Year Budget Resolution
A) Revenues to date
B) Expenses to date
C) Summary of recommended mid-year adjustment
Page | 1
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA MAKING CERTAIN FINDINGS IN RELATION TO THE FY 2023/24 BUDGET AND APPROVING

CERTAIN ADJUSTMENTS AT THE MID-YEAR TO ACCOUNT FOR SEVERAL SMALL VARIANCES FROM THE ORIGINAL FY 2023/24 BUDGET
WHEREAS, Resolution 2023-43 was adopted June 13, 2023, and the City adopted its budget for FY 2023/24; and
WHEREAS, Resolution 2024-04 was adopted January 16, 2024, the City Council received its audit for FY 2022/23, and the auditor opinion is unmodified, or it is a “clean” report with no material findings; and
WHEREAS, in the attached staff report, analyzing the audit results and final fund balances moving forward, and after reviewing City’s budget performance over the past six months staff has summarized its Mid-Year budget review in the two attachments (“Exhibits A” and “B”), one for revenue adjustments and one for expenditure adjustments; and WHEREAS, in Exhibit A, staff anticipates a slight growth in the General Fund revenues, particularly attributable to better interest rate returns, transient occupancy tax and property tax revenues; at Mid-Year, the General Fund can be summarized as follows:
1) General Fund revenues are running at 52% for the year to date. Correspondingly, General Fund expenditures are at 48% for the year to date. The net effect is a positive change in general fund balance of $110k.

WHEREAS, as a result of its review, the Water Enterprise Fund and Wastewater Enterprise Funds can be summarized as follows:
1) Water Enterprise Fund ~ The water Enterprise Fund revenues are running at 60% for the year to date, and expenses are at 41%. The net effect is a positive change in the water Enterprise Fund of $462k.
2) Sewer Enterprise Fund ~ The sewer Enterprise Fund revenues are running at 66% for the year to date, and expenses are at 35%. The net effect is a positive change in the sewer Enterprise Fund of $497k.

WHEREAS, Exhibit C outlines several one-time adjustments to the Operational Budget in the amount of $100,205 including staffing changes, additional costs associated with the Public Safety Reorganization, re-purposing funds for economic development additional contractual services for Community Development to cover the current vacancy.

WHEREAS, also described in Exhibit C are three new Capital Improvement Project budget request in the amount of $143,000 for the re-roof of the fire house dormitories, a new public safety vehicle for the second Officer, and to replenish the emergency pump replacement CIP.

Page | 2
WHEREAS, of the requested changes in Exhibit C total $243,205, and will be paid by enterprise fund reserves (pump replacement CIP), re-purposing existing budgeted CIPs, and savings during the first half of the year.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista:
1) That the Staff report submitted for the February 20, 2024 Council meeting and its conclusions are hereby deemed to be true and correct, and are made a part of this resolution by reference.
2) That the completed Audit of the FY 2022/23 has confirmed and finalized the fund balances heading into FY 2024/25, and that a Mid-Year Budget review of this fiscal year’s activity has been completed and that the assumptions and projections made in prior budget preparations have been confirmed and quantified.
3) The details of the recommended Mid-Year Budget adjustments for Fiscal Year 2023/24 are provided in Exhibit “A” for revenues, and Exhibit “B” for expenditures and “C” for the allocation of $143,000 to the CIP, and savings in the Operational Budget repurposed for $100,205.
4) That the balance of savings in all funds will be used to increase the reserve amounts in each of the three funds for consideration of new programs and initiatives during FY 24/25.

PASSED AND APPROVED at a regular meeting of the San Juan Bautista City Council on the 20st day of February 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Attachments:

A. Revenue Summary
B. Expense Summary
C. Summary of Proposed Adjustments
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EXHIBIT A
Page | 4

EXHIBIT B
Page | 5

EXHIBIT C
Page | 6
Page | 7

EXHIBIT D
7A- Mid Year Budget Amendments
Every year the City compares its audit figures to the projections made while putting the budget together
The Revenues and Expenses are analyzed in a manner that prepares the City to launch its next budget cycle
Often due to circumstances out of staff’s control, changes are necessary This year, there are more good changes than bad
7A- Mid Year Budget Amendments
Budget Revenues are stable, trending sightly higher than projected (GF) One exception is Interest Earned- it is trending a lot better than expected (+$100,000)
Exhibit A in the Resolution
Budget Expenses are trending lower than projected (GF)
Staffing vacancies
Sheriff Dedicated Officer vacancy
Exhibit B in the Resolution
7A- Mid Year
Budget Amendments
7A- Mid Year Budget Amendments
Economic Development: Out of $31,165, $15,000 remains
7A- Mid Year Budget Amendments
Recreation- of $45,000 budgeted, only $12,000 has been spent 7A- Mid Year Budget Amendments
Proposed Budget Amendments include $105,000 in General fund expenses Increase existing Rec hours from 20 to 30 hours
(no budget change needed)
Adding a 3rd Part-Time Library Tech (shared position with City Hall) Budget change required- this is necessary for staffing stability To avoid temporarily closing the Library
Increasing the Public Safety Coordinator salary range
from $50-$67 per hour to $60-$74 per hour
7A- Mid Year Budget Amendments
Additional Changes to Public Safety (no new funds needed) $5,000 for uniforms, training and general operations
$73,000 for a second vehicle (CIP)
Taken from the Initiative set aside for Security Cameras ($200,000) leased instead of purchased ($22,000)
From $178,000 to $100,00 balance
General Government using funds already generally budgeted Support the Reinitiation of the Leadership Academy ($5,000) CREDA Mandala Project ($1,500)
Community Development – Contractual Services Increase of $50,000 Two additional CIP’s; Firehouse Dorm Roof & Emergency Pump Replacement 7A- Mid Year
Budget
Amendments
7A- Mid Year Budget Amendments
Of the $100,000 additional General Fund revenue,
this Budget amendment proposes using $63,951
($36,000 balance for adding to Reserves)
Using $30,000 from the Utility reserves for emergency pump replacement Funding Remains available for the three Legacy Initiatives UGB/SOI $107,455
3rd Street Master Plan $222,140 (new grant applied for) Public Safety $100,000 (after using $78,000)

Item #6E
City Council Meeting
October 18, 2022
1 CITY OF SAN JUAN BAUTISTA

CITY COUNCIL REPORT
AGENDA TITLE: VACANCY TAX OPTIONS
MEETING DATE: October 18, 2022
DEPARTMENT HEAD: Don Reynolds, City Manager
RECOMMENDED ACTION(S):

Receive report and provide direction to staff.

SUMMARY
The Vacancy Tax is unique relative to the current tools the City has for abating nuisance properties and dangerous conditions. The Vacancy Tax is intended to incentivize property owners to actively seek occupants for their properties.

BACKGROUND INFORMATION:

This item is informational only. It does not adopt a tax or request changes to a tax. This report provides information on different types of parcel tax models, outlines the steps that would be necessary to enact such a tax, and explains why a tax might be useful.

Existing Vacancy Abatement Program
The City of San Juan Bautista has building codes that establish standards for properties, aimed at ensuring the health, safety, and general well-being of their occupants and the community (see the City’s Municipal Code Chapters 5-8 “Property Maintenance” and 5-22 “Dilapidated Buildings”).

Common issues that Code Enforcement addresses include overgrown grass, illegal dumping, buildings with dry rot, deteriorated balconies, and other nuisances, which could negatively impact public health, safety, and welfare. To resolve these problems, Code Enforcement typically issues property owner’s administrative citations which directs the owners to remediate or remove the code violations on their property or pay fines. Continued violations results in a potential for the City to declare a public nuisance, condemning the property and/or pursuing abatement of the nuisance. For example, in 2019 the City adopted Resolution 2019-03 and 2019-09 declaring a public nuisance to exist on a building on 3rd Street. During this process the City consumed considerable public attention and resources. There may be other policies available to the City to increase code compliance.

The Problem of Vacant Properties
Vacant properties can contribute to community wide problems such as crime, lower investment, and housing affordability. The City of San Juan Bautista presents itself as a small and charming Discussion:8.B
February 20, 2024
city in the County of San Benito with many historic attractions. Given its size, even just one commercial or residential vacancy could create a highly visible problem for the whole City.

The “Broken Windows” theory presents the idea that blighted properties serve as a form of advertisement for vandalism and crimes of opportunity. Such neglected properties have been linked to a growing fear and lower investor confidence in a community. A decrease in visible quality of life is tied to a decrease in tax revenues, which limits the resources available for dealing with vacant or blighted properties (Hirokawa and Gonzalez, 2010). Further, spatial justice involves “the fair and equitable distribution in space of socially valued resources and opportunities to use them” (Soja, 2009). The space we live in can have negative as well as positive consequences on everything we do.

The vacant property also imposes an opportunity cost on the City in lost tax dollars. Instead of providing a space for jobs or housing, the property sits underutilized and unproductive. The 2020 UCLA Affordable Housing Brief found 17% of homeowners and 30% of renters pay more than half of their household income for housing in California, while the state’s population grows faster than the housing supply. Meanwhile, the California Association of Realtors estimated that around

1.2 million units, apartments and single-family homes may sit vacant around California. Each vacant residential unit contributes to the lack of housing inventory and may also represent one less resident who shops locally and contributes to the community socially.

DISCUSSION:

The Solution to Vacant Properties
Local governments have multiple tools at their disposal to address vacant properties, each with their own limited uses, the most common options include condemnation/receivership, regulatory programs, and taxing vacant property with a parcel tax. The focus of this report will be on the parcel tax, with the alternatives listed at the end.

Vacant Property Tax
There are several different types of taxes and fees that a California city has authority to establish, each with its own set of pros and cons. In this endeavor the City’s optimum option is a specific type of property tax that is unique to California, the parcel tax.

A parcel tax is a tax on parcels of real property collected as part of a parcel’s property tax bill.

Unlike the property tax, the parcel tax is not based on the value of property and is therefore considered a ‘special tax’ which is allowable under Prop 13. It is typically a flat tax per parcel but may vary with the size or characteristics of the parcel. The parcel tax is a main source of revenue for schools, colleges, hospitals, and special districts. The simplest parcel tax is a flat tax, a tax that does not vary with the size, improvements, or use of a parcel, for example $6,000 per parcel per year. $6,000 is the average annual 1% property tax—this rate would essentially double the taxes to compensate for the loss of use of the site.

The parcel tax must be approved by two-thirds of voters, dedicated to a specific purpose, and established by ordinance. The ordinance does not have to include a sunset date but most in CA have one to adjust the fees and confirm voter approval. Most have annual cost of living adjustments tied to CPI and annual override of the Gann’s appropriations limit. Many have exemptions to the Item #6E
City Council Meeting
October 18, 2022
3 tax that include, legal disputes, substantially complete building permit, financial hardships, or nonprofit, although exemptions are not necessary.

Vacant Property Tax Examples
In late 2018, voters in Oakland, California, passed a flat $6,000 tax on property that is not in use for more than 50 days out of the calendar year, with some exceptions. In California, similar measures have been considered in San Diego and Los Angeles, and a vacancy tax on empty retail storefronts was passed in San Francisco in early 2020, but postponed until 2022 due to the Covid19 pandemic. Santa Cruz voters are considering a measure this November and the City Council of West Hollywood will be introducing a measure soon.

In the Oakland example, the voters adopted the tax to support and fund homelessness programs and services, affordable housing, code enforcement, and clean-up of blighted properties and illegal dumping. There is a ‘maintenance-of-effort’ clause that mandates the City not reduce code enforcement and illegal dumping budgets below fiscal year 2016-2017 levels in-lieu of receiving the parcel tax funds. Also, their measure creates an oversight board and allows the City Council to establish exemptions and rules for exemptions by ordinance.

Oakland has ten exemptions, the allowable exemptions for qualified owners and properties are:

A. “Very Low Income”
B. “Financial Hardship”
C. “Demonstrable Hardship Unrelated to Personal Finances” D. “Exceptional Specific Circumstances”
E. “Active Construction”
F. “Building Permit Application”
G. “Low Income Senior”
H. “Disabled Owner”
I. “Non-profit Organization
J. “Substantially Complete Application for Planning”
Exemption must be applied for by petitioning, in Oakland. If you are mailed a notice of vacancy, the notice will list a property you own that has been identified based on available data as likely vacant during calendar year 2021. This initial determination notice provides the opportunity to file a “Petition of Vacancy” or apply for one of the ten (10) allowable exemptions. In order to submit a qualified exemption and be granted relief from the VPT, exemption applications must be completed and returned within twenty (20) days of the date of notice, and include appropriate evidence demonstrating that the property was not vacant or was entitled to an exemption.

The City of San Juan Bautista would not need to have an exemption protocol or could implement alternatives such as providing deferment periods. A measure’s text to create a system for deferments might read as follows:

Deferments.

1. The following shall be exempt from the tax imposed by this Ordinance for the first six months of being levied:
a. An Owner who qualifies as very low-income, as the term "very low income" is defined by the United States Department of Housing and Urban Development. b. An Owner who can demonstrate that exceptional specific legal circumstances prevent the use or development of the property.
c. Etc…”
The more complex the measure, the more staff hours will be needed for implementation—the complexity of the tax measure should be balanced with available staff capacity of the City.

Proposition 13, adopted by California voters in 1978, mandates a property tax rate of one percent, requires that properties be assessed at market value at the time of sale, and allows assessments to rise by no more than 2 percent per year until the next sale. The City does not have the option of adopting a property tax based on the value of a property.

ANALYSIS
Fiscal Impact - What can the City expect in revenue from a vacant property tax? The City only needs a few variables to project potential revenues: vacancy rate, tax rate, and number of parcels in the City. According to the most recent San Benito County Office of the Assessor property database for the City San Juan Bautista the current tax rolls represent an assessed value of just under $705k with 1,115 parcels. The State of California has an average vacancy rate of 8.5% for residential, and the nearest metro areas of South San Jose and Salinas held a vacancy rate of 12.59% and 5%, respectively, for commercial property. San Juan Buatista’s vacancy rate might be expected to be within these ranges and we can use nearby markets as reference points.

However, San Juan Bautista is likely to have far less vacancies because of its limited inventory compared to nearby markets—a downward adjustment in the projected vacancy-rate range was factored. If a vacant property tax of $6,000 or $3,000 were to be levied we could expect the following revenues:

Figure 1: Projected Annual Revenues of a flat ‘Vacant Property Tax’ (Parcel Tax) Levied in the City of San Juan Bautista
Vacancy Rate Tax Rate per Parcel
$6,000 $3,000
Low (2%, 22 parcels) $133,800 $66,900
Mid (5%, 56 parcels) $334,500 $167,250
High (8%, 89 parcels) $535,200 $267,600
Item #6E
City Council Meeting
October 18, 2022
5 Steps for Ballot Initiative
In order to implement a vacancy tax the City Council would need to adopt a resolution placing a measure on the next ballot. The measure must be decided at a statewide primary, general, or special election or a regularly scheduled local election (the 2015 California Voter Participation Rights Act, SB 415, Hueso, consolidated most local elections in California).

A proposed vacancy tax would be considered a special tax and requires a 2/3rds approval rate for it to be adopted. If such a resolution is adopted, the City would need to notify those affected by the tax within one week, including non-residents. The City may initiate a special election, in which San Juan Bautista would pay for all of the costs, or wait for the next statewide election on March 5, 2024. If the City initiates a special election, the last day to file the local Measure with the County is 88 days before the election date.

The City may also consider initiating community engagement and collecting feedback from community members by conducting “study sessions” with local community and economic partners to discuss the business case, various components of such a measure, and use of funds. The City would also require assistance from their Municipal Advisor and a Special Tax Attorney.

Sample Timeline for 2024 Ballot
Next upcoming election: Statewide Consolidated Primary Election March 5, 2024 The following is an approximate calendar for City actions to file the local measure with the County for the March 2024 ballot. The County of San Benito ‘Clerk, Auditor & Recorder, Registrar of Voters’ will publish a final schedule in 2023 or sooner.

Action Start Date End Date
Last day to file a Local Measure December
11, 2023
December
11, 2023
10-day public review period of local measure on the
ballot
December
12, 2023
December
21, 2023
Period to file Primary Arguments in favor of or against local ballot measures
December
12, 2023
December
17, 2023
Last day for local jurisdiction to withdraw ballot measure December 16, 2023
December
16, 2023
Last day to file Impartial Analysis regarding local ballot measures
December
17, 2023
December
17, 2023
Period to file Rebuttal Arguments in favor of or against local ballot measures
December
18, 2023
December
24, 2023
10-day public review period for rebuttals December
25, 2023
January 4,
2024

ALTERNATIVES
Receivership
While most code enforcement activity is effective, sometimes it is not enough. Continued violation of these codes presents a public nuisance. Cities may pursue condemnation, eminent domain, or court appointed receivership per California Health and Safety “H&S” Code §§ 17980.6 and 17980.7. When a receiver is appointed cities are not responsible for paying receivers. A receiver is a neutral agent of the court and cannot be paid by any of the parties. Courts have specifically held that receivers act as hands of the court. The receiver is usually paid an hourly rate determined by the court and is paid that amount through property in the receivership estate. This setup incentivizes the receiver to improve the property and sell it at fair market value. The sale proceeds of the property usually exceed the receiver fees. This typically allows cities to recover its attorney fees and enforcement costs related to appointing the receiver. Therefore, not only is the receivership cost neutral, but the city may also recover the administrative costs it incurs in the normal course of practice (such as unpaid fines or citations, city staff fees and hard costs such as board up costs expended by the city prior to receivership). Most importantly, the once dilapidated property is abated and even assessed with a new tax base, which generates increased revenue for years to come.

Regulatory Programs
The City may consider adopting a regulatory program to mandate the registration of vacant properties. Property owners in the program would pay an annual fee that would offset the costs of services. The City would routinely inspect and monitor the vacant properties for compliance with City code. The City may impose additional security and maintenance requirements. The registration of the vacant property is valid until the property no longer remains vacant. The property owner(s) would be compelled to cure any deficiencies in the property, including issues relating to appearance and/or health and safety or be subject to citation.

San Juan Bautista City CouncilFebruary 20, 2024

San Juan Bautista City Council
February 20, 2024