City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
CITY COUNCIL
REGULAR MEETING
TUESDAY, APRIL 16, 2024, 5:30 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA
ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.
Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.
JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235
To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
2. CLOSED SESSION 5:30 P.M. – 6:00 P.M.
Receive public communication from the audience on Closed Session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Anticipated Litigation – (Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9:
One case.)
3. PROCLAMATION
A. Peak Day, April 28, 2024
B. National Preservation Month, May 2024
Page | 2 City Council April 16, 2024
4. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.
5. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
Receive Report from City Treasurer Michelle Sabathia
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council and Staff Announcements
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the general public.
D. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
c. Public Safety Department Update
d. Library 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 the Closure of Streets for Earth Day 2024.
C. 2024 Weed Abatement Program
Recommendation: Approve a RESOLUTION declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement D. Approve Job Description for City Clerk, Code and Community Services Liaison, and Maintenance Worker I/II
Recommendation: Approve a RESOLUTION adopting new and revised job descriptions (“JD”) for the positions of City Clerk, Code and Community Services Liaison, and Maintenance Worker I and II, (“MW 1 & 2”).
E. Approve the Regular Meeting Minutes of January 16, 2024.
F. Approve the Regular Meeting Minutes of February 20, 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. Determine Specific Times and Place Consistent with Municipal Codes 5-1-165 And 5-16- 100, and Authorize Non-Profit Organization Anzar High School Booster Club to Sell Safe and Sane Fireworks for the Fourth of July Holiday.
Page | 3 City Council April 16, 2024
Recommendation: Request the City Council consider one of the three attached possible resolutions, determine if or when fireworks will be sold this year by the only non-profit applicant (Anzar High School Booster Club), and if so, under what specific times and place this Fourth of July Season.
B. Amend The Permanent Local Housing Allocation (“PLHA”) Program Allocating 95% Of 2019 Grant Funds ($72,199 Of A Five-Year Total Of $455,999) From Accessory Dwelling Unit (“ADU”) Code Compliance Grants To Homeless Supportive Services And The 5% Administrative Allocation From 2019 Of $3,800 For County Administrative Costs, And Programming 95% Of The 2020-2024 Funds For ADU Compliance Grants And 5% For City Administrative Costs.
Recommendation: Approve a RESOLUTION amending the 5-year PLHA program by maintaining the 5% allocation for administrative costs in all five years, but moving the homeless supportive services program forward from years 4-5 to the first year (95% of 2019, or $72,199), and allocating 5% ($3,800) from the 2019 funds for County administrative costs, and allocate 95% in Grant funds in years 2020-2024 for the ADU Code Compliance Grant program, and authorize the City Manager to execute the attached Memorandum of Understanding (“MOU”) with San Benito County Public Health Department to deliver the HSS services.
8. DISCUSSION ITEMS
A. Consider a “Vacant Property Registration” Program vs a “Vacancy Tax”
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 at 311 Second Street San Juan Bautista, and are posted on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or 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 the City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.
Page | 4 City Council April 16, 2024
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, April 12, 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/.
City of San Juan Bautista
California
~ National Preservation Month, May 2024 ~
WHEREAS, the National Trust for Historic Preservation established May as Historic Preservation Month in 1973, to promote historic places for the purpose of revitalizing neighborhoods, fostering local pride and community character while enhancing livability; and
WHEREAS, Historic Preservation Month can instill awareness of the local historically significant buildings and landmarks to the residents of San Juan Bautista and surrounding communities; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, walks of life and ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us; and
WHEREAS, this year’s theme is “People Saving Places” to shine the spotlight on everyone doing the work of saving places—in big ways and small; and WHEREAS, preserving our historic resources is vital to ensuring the success of our commercial and residential environment, and maintaining the character and heritage of the City of San Juan Bautista.
NOW, THEREFORE, I Mayor Freels, on behalf of the San Juan Bautista City Council proclaim MAY 2024, as “NATIONAL PRESERVATION MONTH” and call upon the San Juan Bautista community to join in recognizing participation in this special observance.
Dated this 16th day of April 2024.
___________________________
Mayor Scott Freels
City of San Juan Bautista
California
~ Peak Day / Loyalty Day, 2024 ~
WHEREAS, Traditionally, the Last Sunday in April is Peak Day for the City of San Juan Bautista; and
WHEREAS, Loyalty Day originally began in 1921 as “Americanization Day", and in 1958 Congress enacted Public Law 529 proclaiming May 1st as Loyalty Day; and WHEREAS, American Flags are flown at Noon; and
WHEREAS, for more than 115 years Scouts of Troop # 428 have joined hundreds of community members and friends by riding horses, driving carriages and cars, walking or running to El Nido del Gavilan; and
WHEREAS, El Nido del Gavilan stands high above San Juan where John Charles Fremont unfurled an American Flag in defiance of General Castro who gathered his troops down on the Plaza de San Juan in March 1846; and WHEREAS, Since 1908 San Juan Bautista Parlor No. 179, Native Daughters of the Golden West, have joined in the celebration.
NOW, THEREFORE, I Mayor Freels, on behalf of the San Juan Bautista City Council proclaim APRIL 28, 2024 as “PEAK DAY 2024” and invite all community members to take part in the celebration on Sunday, April 28, 2024 at11:30 a.m.
Dated this 16th day of April, 2024.
___________________________
Mayor Scott Freels
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Eight Month Period Ended February 29, 2024
Item #5E
City Council Meeting
April 16, 2024
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 67% Notes
General Fund 1,842,908 1,492,785 2,142,500 (1,593,243) 70% Special Revenue Funds:
Capital Projects Fund 1,394,935 177,919 2,836,845 (2,703,471) 6% A Community Development 51,228 185,489 404,514 (393,098) 46% B COPS 110,361 124,770 100,000 (75,000) 125%
Parking & Restroom Fd 17,417 22,985 28,000 (16,269) 82% Gas Tax Fund 58,661 67,976 101,000 (76,799) 67%
Valle Vista LLD 17,686 15,924 23,889 (17,919) 67%
Rancho Vista CFD 44,347 44,197 67,512 (49,481) 65%
Copperleaf CFD 15,100 11,097 16,645 (12,240) 67%
Internal Service Funds:
Blg Rehab. & Replace 25,333 25,333 38,000 (28,500) 67%
Vehicle Replacement 40,000 40,000 60,000 (45,000) 67%
Enterprise Funds:
Water
Operations 828,118 1,027,202 1,345,000 (904,085) 76%
Sewer
Operations 1,016,505 1,157,469 1,390,000 (943,950) 83%
TOTAL Funds 5,462,600 4,393,146 8,553,905 (6,859,055) 51% 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 Eight Month Period Ended February 29, 2024
Item #5E
City Council Meeting
April 16, 2024
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 67% Note
General Fund 1,244,058 1,344,371 2,117,980 (773,609) 63% Special Revenue Funds:
Capital Projects Fund 1,394,935 177,919 2,836,845 (2,658,926) 6% A Community Development 487,769 616,717 674,036 (57,319) 91% COPS 66,667 66,667 100,000 (33,333) 67%
Gas Tax Fund 12,755 11,699 21,500 (9,801) 54%
Valle Vista LLD 19,439 16,649 22,692 (6,043) 73%
Rancho Vista CFD 25,395 28,688 37,166 (8,478) 77%
Copperleaf CFD 13,560 16,608 16,645 (37) 100%
Development Impact Fee Funds
Public/Civic Facility 1,800 1,800 2,700 (900) 67%
Library 2,960 2,960 4,440 (1,480) 67%
Storm Drain 2,288 2,288 3,432 (1,144) 67%
Park In-Lieu 200 200 300 (100) 67%
Public Safety 568 568 852 (284) 67%
Traffic 288 288 432 (144) 67%
Enterprise Funds:
Water:
Operations 524,988 534,106 828,749 294,643 64%
Capital 13,475 63,773 (63,773)
Sewer
Operations 678,347 577,993 1,227,618 649,625 47%
Capital 367,926 3,684,648 18,497,240 14,812,592 20% A
TOTAL Funds 4,857,418 7,147,942 26,392,627 12,141,489 27% Footnotes:
A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.
Additionally, some projects have been moved to the next fiscal year.
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Eight Month Period Ended February 29, 2024
Item #5E
City Council Meeting
April 16, 2024
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 2/1/2024 Through 2/29/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
2/9/2024 217379 CALNET 372.68
2/9/2024 217380 Canon Financial Services, Inc 509.05
2/9/2024 217381 Charter Communications 581.95
2/9/2024 217382 Core & Main 1,517.72
2/9/2024 217383 Data Ticket Inc. 400.00
2/9/2024 217384 Department of Transportation 852.51
2/9/2024 217385 Kim Stemler 2,287.50
2/9/2024 217386 Mc Kinnon Lumber Co., Inc. 123.48
2/9/2024 217387 Midwest Tape 97.73
2/9/2024 217388 MNS Engineers, Inc. 76,463.25
2/9/2024 217389 Monterey Bay Analytical Services 2,822.00 2/9/2024 217390 P G & E 727.21
2/9/2024 217391 Petty Cash 121.95
2/9/2024 217392 T-Mobile 277.09
2/9/2024 217393 Valero Wex Bank 1,099.75
2/9/2024 217394 Wendy L. Cumming, CPA 6,558.75
2/22/2024 217395 4Leaf, Inc. 17,229.60
2/22/2024 217396 ACWA Health Benefits Authority 12,196.33 2/22/2024 217397 All Clear Water Services 2,000.00
2/22/2024 217398 at&t 134.56
2/22/2024 217399 att.com 76.98
2/22/2024 217400 AVAYA 250.66
2/22/2024 217401 Brigantino Irrigation, Inc. 8.46
2/22/2024 217402 Ca Association Code Enforcement Officers 100.00 2/22/2024 217403 Caitlin Brady 48.35
2/22/2024 217404 Canon Financial Services, Inc 542.96
2/22/2024 217405 Clark Pest Control 111.00
2/22/2024 217406 Core & Main 364.42
2/22/2024 217407 Data Ticket Inc. 400.00
2/22/2024 217408 Design Line & Granger 249.09
2/22/2024 217409 Dougherty Pump & Drilling, Inc 146.00
2/22/2024 217410 EMC Planning Group Inc. 3,539.02
2/22/2024 217411 Hollister Auto Parts, Inc. 526.17
2/22/2024 217412 HydroPro Solutions 1,468.79
2/22/2024 217413 Jackie Morris-Lopez 586.50
2/22/2024 217414 League of California Cities 1,025.00
2/22/2024 217415 Leslie Q. Jordan 128.24
2/22/2024 217416 Liebert Cassidy Whitmore 452.00
2/22/2024 217417 Lozano Smith 125.00
2/22/2024 217418 Mary Velasco Sellen Senior Center 500.00 2/22/2024 217419 MNS Engineers, Inc. 66,124.80
2/22/2024 217420 Monterey Bay Analytical Services 3,310.00 2/22/2024 217421 Monterey County Health Department 27.00 2/22/2024 217422 Postmaster 1,000.00
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 2/1/2024 Through 2/29/2024
2/22/2024 217423 Ready Refresh 283.44
2/22/2024 217424 Regional Government Services 8,971.40
2/22/2024 217425 Robert L. Fulton 10,550.00
2/22/2024 217426 Salinas Pump Company 29,026.73
2/22/2024 217427 Sentry Alarm System 342.00
2/22/2024 217428 Smith & Enright Landscaping 475.00
2/22/2024 217429 Specialty Construction, Inc. 754,754.23 2/22/2024 217430 Stantec Consulting Services Inc. 63,996.76 2/22/2024 217431 Toro Petroleum Corp. 315.54
2/22/2024 217432 Uline 330.36
2/22/2024 217433 Univar Solutions 845.96
2/22/2024 217434 Valero Wex Bank 1,085.79
2/22/2024 217435 Watt Electric 3,519.50
2/29/2024 ATM Payroll 133,959.91
2/29/2024 Payroll Taxes 25,903.08
2/29/2024 ATM2 Fica 12,587.84
Report Total 1,294,034.39
CITY MANAGER’S MONTHLY REPORT
Staff training and community workshops
May 3rd Training (City staff)
Establishing a City Service Philosophy
Based on Employee survey completed in 2022
Detailed definitions for “service,” customer care, etc.
Incorporated into Performance Measures
Accountable through the performance evaluation
Establishing a hiring philosophy
Patrick Lencioni, The Five Dysfunctions of a Team
Hungry, Smart, the ideal team player
May 4 Goal Setting – with the City Council
May 4 Town Hall meeting to share with the Community
CITY MANAGER’S MONTHLY REPORT
Filled the Part-Time Admin Clerk Position
Chad Rocca from Hollister
Started Training April 8, 2024
Hope to extend City Hall hours within a few weeks
On-Boarding for Roy Morales, Public Safety Coordinator
Attended the Arts and Crafts Festival
Met with Sheriff
2 meetings with Hollister Fire
Preparing Safety Plan for Special Events
Recruiting for Library Part-Time Staff
Interviewing Maintenance Worker 1 &2 filling one vacancy soon City Clerk job Description and 2 revised Descriptions on this Agenda CITY MANAGER’S MONTHLY REPORT
Budget Status
Focus on Goals from the May 4 Goal Setting
Considering Staff changes to include (net $0 impact on costs):
Eliminate Assistant City Manager/CD Director
Approve Associate Planner Full-time
Approve PT Economic Vitality Specialist
Recreation Assistant to Full-time Recreation Coordinator CIP to Include:
Pipeline from West Hills Treatment Plant
Fleet Electrification
Stret and Sidewalk improvements
CITY MANAGER’S MONTHLY REPORT
Zoning Code Changes
Workshop May 18
Revising the Temporary Use of Land Permit
Allowing out-door retail
In Commercial and MZ Districts
Remove reference to Food Trucks as temp. uses
Draft Food Truck Ordinance
Intended to allow Food Trucks
Health and safety provisions
Annual Permit process
Limit Hours, and locations
Include public property as well as private property
Gas Station Hearing being scheduled for June
Historic Preservation- submitted all of the CLG Status reports CITY MANAGER’S MONTHLY REPORT
Recreation
Extended hours to 30-per week
Newly assigned to Special Events
Integrating City events with local merchants/non profits May Movie Madness w/Margo’s
Earth Day with State Parks 04.20.24
Abbe Park event with Food Trucks – coming soon
Consider Establishing a Community Service Program
Budget funds to be allocated to non-profit service organizations Develop an application process and solicit interest
Appoint an Ad-Hoc Committee to review applications
Distribute Funds to service organizations to enhance city services CITY MANAGER’S MONTHLY REPORT
Third Street Transformation Initiative
Grant Application for 3rd Street
$350,000 submitted in December 2023
Reply from Cal Trans expected in June
Active Transportation Grant Application due in June
Implementing the 2022 Active Transportation Plan
Designing bike paths is top priority
Application will include a citizen input - survey in May Bike Paths crossing through the City including 3rd Street CITY MANAGER’S MONTHLY REPORT
UGB/Sphere of Influence Committee
Discussed the concept of 3-tiers in the Planning Area
Two step approach: MOU and then Permanent Agreement
MOU will address the urgency and become effective
upon approval by the City Council
Agreement with the County – 20-year term (?)
Permanent solution
Voter approval was discussed
vs Ordinance (both?)
Term limits question
Time to assert the City’s interests to the County
CITY MANAGER’S MONTHLY REPORT
Water Import
Not a lot of new information this month
Delayed while the District Re-Structures
New Acting General Manager
Assistant Resigned April 19, 2024
Waiting to discuss blending ratios with new leadership
Still ironing out an updated strategy (as reported last month) Wastewater
Project progressing despite weather interruptions
Moving Pipe from Rancho Vista
CITY MANAGER’S MONTHLY REPORT
Fire Department (District?)
Positive meeting with County And Hollister
Annual Report (slides shared with Council)
San Juan Bautista is 3.8% of the whole program
Mayor Freels and Mayor-Pro Tempore attended
Trying to get the feasibility study back on track
OES Grant Limitations
Consultant Agreement expired, Cost increase ($40k?)
Proposed Cost share for increase 40/40/20
On Boarding new Chief soon
CITY MANAGER’S MONTHLY REPORT
AMBAG Population Estimates Shared
The City and the Region are experiencing a population decrease Between 2023 and 2030, projecting a decrease of 7.8%
Remaining less than 2,000 population between 2030 and 2050 CITY MANAGER’S MONTHLY REPORT
Intergovernmental Committee
Pinnacles National Park
85% of 350,000 visitors travel through Hollister
(not clear about Hwy 25, or on 156- from the East or West) $28 million generated annually
Challenges:
Lack of Parking
Dark Sky- loosing ground
Vandalism and Graffiti
Opportunities
Re-Branding
Combine events locally – “Condor Festival”
Collaborating on Gateway Projects
City of San Juan Bautista
March 2024 Public Safety Update
Roy Morales, Public Safety Coordinator
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 1
CONTENTS
Report Created by Public Safety Coordinator Roy Morales 04/01/2024
• 1- Stolen Car from 1100 block
of 3rd St. Recovered outside
Watsonville following day.
• 2-Warrant arrest citations
• 1- Shoplifting 300 block of the
Alameda
• 2- Vehicle Accidents
• 1- Loose aggressive dog
• 1- Intoxicated person at the
festival
• 1- Domestic Violence arrest
0 - Fires
15 - Medical Emergencies
15 - Vehicle Accidents
6 - Inspections
2 Code Enforcement
• Contacted 2 food vendors
without permits
• Reckless go cart follow up with
Deputy
• 1- Barking dog complaint
• Located stolen car-referred to
Deputy
• Nuisance violation on 2nd St.
• 1- worked with Deputy on dog
complaint on 4th St.
• Worked the Arts & Craft festival
Special Events
Arts and Craft Festival
March 23-24, 2024
Rib Cook Off
April 26-28, 2024
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 3
• Rain on Saturday
• 1 arrest for public
intoxication
• No other issues
• Planning meeting between all
safety partners- April 11
• Incident Command will be at
City Hall
• 3 Deputies assigned to event
Sat / Sun
Flock Camera Update
• 2 Condor cameras (one at City
Hall)
• 4 Falcon’s throughout the city
• Site Survey’s- April 11, 2024
• Installation scheduled for May
16, 2024
• One additional for Copperleaf
being planned
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 4
Condor
Falcon
Item: # 6.A
City Council Meeting
March 19, 2024
AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Acting 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 12th day of April 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 12th day of April 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
Acting City Clerk / Administrative Services Manager
Item: 5.E
City Council Meeting
April 16, 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:
Earth Day 2024
Second Street from Mariposa St. & Washington St.
April 20th, from 9:00 AM – 3:00 PM
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 16th day of April by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Item: # 6.C
City Council Meeting
April 16, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2024
DEPARTMENT: FIRE DEPARTMENT
FROM: RODNEY DOVER, INTERIM FIRE CHIEF
BY: ALISIA V. CORPUZ, SENIOR SUPPORT SERVICES ASSISTANT TITLE: CONSIDER A RESOLUTION DECLARING THE CONDITION OF
CERTAIN PROPERTIES TO CONSTITUTE A PUBLIC
NUISANCE AND ORDERING THE ABATEMENT OF WEEDS
THEREON, AND NOTICING A HEARING FOR THE RECEIPT
OF OBJECTIONS TO THE PROPOSED ABATEMENT.
RECOMMENDED MOTION:
Approve a Resolution Declaring the Condition of Certain Properties to Constitute a Public Nuisance and Ordering the Abatement of Weeds Thereon, and Noticing a Hearing for the Receipt of Objections to the Proposed Abatement.
RECOMMENDATION:
Staff recommends City Council approve a Resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.
EXECUTIVE SUMMARY:
All year the City has a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. This Resolution declares certain properties to constitute a public nuisance, orders their abatement by May 13, 2024, and sets a public hearing for May 14, 2024 and orders notice of the hearing to be sent to affected property owners. Unless the owners prior to the City’s deadline abate the weeds, the City will cause the work to be performed and charge the costs as liens filed against the property on which abatement is performed.
FISCAL IMPACT:
Estimated costs $10,000 (to be recovered from property owners).
Page | 2
CEQA:
Not applicable
ATTACHMENTS:
Resolution
Exhibit A Official List
Page | 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
DECLARING THE CONDITION OF CERTAIN PROPERTIES TO CONSTITUTE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF WEEDS THEREON,
AND NOTICING A HEARING FOR THE RECEIPT OF OBJECTIONS TO THE
PROPOSED ABATEMENT
WHEREAS, Government Code Sections 39560 et seq. authorizes the City Council to declare properties in the City to be public nuisances and to abate said public nuisances by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties; and
WHEREAS, the City of San Juan Bautista is authorized by state and local law to charge the costs of abatement to the property owner as a lien against the subjected property.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Any properties within City limits found to be in neglect are hereby declared to be public nuisances by virtue of the existence of noxious and dangerous weeds and rubbish thereon, which constitute a fire hazard, and will continue to constitute, ongoing, seasonal and recurrent public nuisances.
2. All rubbish, refuse and dirt of a flammable nature on or adjacent to said properties, and all weeds, as the same are defined in Government Code Section 39561.5, on or adjacent to said properties, unless abated by the owners thereof on or by May 20, 2024, shall be removed and abated by the City in the manner provided for by Government Code Sections 39560, et seq., and the costs thereof shall be assessed as a lien against the property and made a personal obligation of the property owner.
3. The City Council shall hear any objections to the proposed abatement of said public nuisances at the Public Hearing on Tuesday, May 21, 2024 at 6:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City of San Juan Bautista, City Hall, 311 Second Street, San Juan Bautista, California.
4. The City Clerk of the City of San Juan Bautista is hereby directed to cause the notice of the adoption of this Resolution and notice of the time and place when objections to the proposed abatement of said public nuisances will be heard, to be given in the manner and form provided for in Section 39567.0 of the Government Code of the State of California.
PASSED AND APPROVED by the San Juan Bautista City Council of the 16th day of April, 2024, by the following vote:
AYES:
Page | 2
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
2024
Weed Abatement
Official List
Exhibit "A"
Parcel No. Owner/Caretaker Mailing Address Mailing Address1 City State Zip Physical Location 002-130-004-000 THOENY FAMILY TRUST 2981 SAN JUAN HOLLISTER RD SJB CA 95045 501 THIRD STREET 002-160-013-000 GARRATT PATICK-REGINA ET AL PO BOX 1052 SJB CA 95045 0 THIRD STREET 002-190-010-000 LIU GEORGINA L 9816 HILL STREET MENSINGTON MD 20895 0 FOURTH STREET 002-19-011-000 GAVILAN INV LLC A CA LTD LIAB CO PO BOX 1962 LOS GATOS CA 94023 33 WASHINGTON STREET - OPEN LOT 002-210-002-000 SANTANA ANGELINA ALICIA ET AL PO BOX 940 SJB CA 95045 0 FOURTH STREET 002-220-003-000 CITY OF SAN JUAN BAUTISTA PO BOX 1086 SJB CA 95045 002-230-001-000 LOAYZA ROSA & EDMUNDO 2096 STONE AVE SAN JOSE CA 95125 1130 FIRST STREET 002-240-013-000 RIBEIRO ALBERT D-ESTHER PO BOX 1328 SJB CA 95045 1024 FIRST STREEET 002-250-005-000 COKE DALE C LIVING TRUST PO BOX 186 AROMAS CA 95004 0 FIRST STREET 002-250-006-000 DIOCESE OF MONTEREY ED & WEL CORP PO BOX 2048 SJB CA 95045 0 SECOND STREET 002-260-056-000 HILLSIDE VISTAS LLC A CA LTD LIAB CO 144 W LAKE AVE WATSONVILLE CA 95076 0 THIRD STREET # PCL A 002-270-002-000 SAN BENITO CO CHPTR JAPANESE-AMER CIT PO BOX 631 SJB CA 95045 708 FIRST STREET 002-290-043-000 RAYMER FAMILY TRUST PO BOX 449 SJB CA 95045 0 MONTEREY STREET 002-310-002-000 ROMAN CATHOLIC BISHOP OF MONTEREY PO BOX 2048 SJB CA 95045 0 RODEO GROUNDS 002-320-002-000 AVILLA MARY DOROTHY REV TR ET AL 130 SAN JUAN HWY SJB CA 95045 63 MUCKELEMI STREET 002-320-006-000 POST 6359 VETERANS OF FOREIGN WARS PO BOX 501 SJB CA 95045-0501 SAN JUAN BAUTISTA 002-320-008-000 MANNING KATHLEEN ET AL 130 SAN JUAN HWY SJB CA 95045-9527 0 MONTEREY STREET 002-340-006-000 FERNANDEZ ROBERT & MARTHA 535 ANZAR ROAD SJB CA 95045 11 FRANKLIN STREET 002-340-007-000 FERNANDEZ ROBERT & MARTHA 535 ANZAR ROAD SJB CA 95045 0 FRANKLIN STREET 002-350-002-000 H & H RODRIGUEZ RANCH DEVELOPMENT LLC 1441 DENTWOOD DRIVE SAN JOSE CA 95118 0 SAN JUAN LATERAL 002-350-030-000 AVILLA MARY DOROTHY REV TR ET AL 130 SAN JUAN HWY SJB CA 95045 0 MUCKELEMI STREET 002-370-020-000 ALEXANDER PATRICIA M PO BOX 142 SJB CA 95045 400 SIXTH STREET 002-420-017-000 NINO REAL ESTATE 55 BEST ROAD HOLLISTER CA 95023 302 SEVENTH STREET 002-430-020-000 DALOIA FAM TR 2289 KENWOOD AVE SAN JOSE CA 95128 0 FRANKLIN STREET 002-470-008-000 FIRPO ANGELA LIVING TRUST PO BOX 983 SJB CA 95045 0 FRANKLIN STREET 002-480-005-000 CERDA HIPLOLITO G-SILVA R 15354 CASTROVILLE BLVD CASTROVILLE CA 95012-9727 100 THE ALAMEDA 002-490-002-000 NEUBAUER ANDREW-MARGARET LIV TRUST PO BOX 1357 SJB CA 95045 10 FRANKLIN STREET Created on: 3/21/08
Last Modified: 4/11/2024 1
2024
Weed Abatement
Official List
Exhibit "A"
Parcel No. Owner/Caretaker Mailing Address Mailing Address1 City State Zip Physical Location 002-510-001-000 MEDINA PAUL TR ET AL 1627 E 213 STREET CARSON CA 90745 501 WASHINGTON STREET 002-510-020-000 FERNANDEZ NANCY C PO BOX 754 SJB CA 95045 171 LANG STREET 002-520-012-000 SJB DEVELOPMENT A CA CORP 1534-D FREMONT BLVD SEASIDE CA 93955 0 THE ALAMEDA 002-520-013-000 HACIENDA DE LEAL LLC A CA LTD LIAB CO 300 MARANATHA DRIVE HOLLISTER CA 95023 410 THE ALAMEDA 002-530-021-000 ALNAS JOHN-LUPE FAMILY TRUST PO BOX 664 SJB CA 95045 18 LANG STREET 002-540-011-000 DENNY CARA L PO BOX 954 SJB CA 95045 0 POLK STREET 002-550-003-000 KURASAKI KAZUKO ET AL PO BOX 1450 SJB CA 95045-1450 400 SAN JUAN HOLLISTER HWY 002-550-004-000 KURASAKI KAZUKO ET AL PO BOX 1450 SJB CA 95045-1450 400 SAN JUAN HOLLISTER HWY 002-550-006-000 DIAS GEORGE J JR & GEORGE A PO BOX 640 SJB CA 95045 1020 MISSION VINEYARD RD 002-563-002-000 HANSON ABE-SHARON PO BOX 424 SJB CA 95045 153 LANG STREET 002-510-018-000 LEAVER BETTY LOU & CARL D 175 LANG STREET SJB CA 95045 175 LANG STREET Created on: 3/21/08
Last Modified: 4/11/2024 2
Item: # 6.D
City Council Meeting
April 16, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS, CITY MANAGER
TITLE: ADOPT JOB DESCRIPTIONS FOR CITY CLERK, CODE AND
COMMUNITY SERVICES LIAISON, AND MAINTENANCE
WORKER I AND II
RECOMMENDED MOTION:
Approve a Resolution adopting new and revised job descriptions (“JD”) for the positions of City Clerk, Code and Community Services Liaison, and Maintenance Worker I and II, (“MW 1 & 2”).
RECOMMENDATION:
Adopt the attached Resolution approving the job descriptions for City Clerk, Code and Community Services Liaison, and MW1 &2, to be used for the immediate recruitment to fill these positions.
EXECUTIVE SUMMARY:
Presented in the attached Resolution for the City Council’s approval are a newly drafted City Clerk job descriptions, and updates to the “Code and Community Services Liaison” position (formerly known as the “Community Services Officer” position), and Maintenance Worker 1 & 2 positions.
BACKGROUND:
City reviews its job classification plan annually, and decides if job descriptions are accurate or in need of updates. The City works with Regional Government Services (“RGS”) to help with this review. They also help with recruitment. The City Clerk is a newly appointed position approved by voters November 2022. The Community Services Officer position was approved in 2023 after the Budget was adopted as part of the Public Safety Reorganization. The recruitment for this position failed miserably, causing staff to reconsider the original job description. A vacancy in the Public Works Department caused the review of the MW1 & 2 job description which is recommended for reformatting and minor updates and changes.
Page | 2
DISCUSSION
The City Clerk job description is different than most cities due to the variety of jobs assigned to this single position. This position performs a sufficient amount of duties above and beyond City Clerk, to include the administrative services related to Risk Management, Employee Benefits, and Human Resources. To better support Risk Management, the City relies heavily on its Joint Powers Insurance Authority “CIRA” for processing claims, insurance renewals, training and guidance. For the past 18-months Regional Government Services has been helping with HR. Recruitments have been successful lately, and their expertise has resulted in the proposed improvements and changes to the job descriptions.
September 19, 2023, when the Council adopted Resolution 2023-63, staff received clear direction on the two public safety JDs for Public Safety Coordinator and Community Services Officer. After recruiting for Public Safety Coordinator, the Community Services Officer position was opened up.
The City was successful bringing on its new Public Safety Coordinator in time to participate in the interviews for the Officer position. But none of the applicants interviewed were even close to expectations. To increase the applicant’s awareness of these expectations, the JD was re-drafted with the new Coordinator’s feedback. Because the City Council was clear about the title of the position, but RGS and the Coordinator are recommending a change in the title. Therefore, it is best to explain why the change is necessary and seek the Council’s approval before readvertising.
It is a challenge to recruit for “enforcement duties” without the word “enforcement” being part of the job title. Staff is offering in this re-draft, the title of “Liaison.” The goal is to get better recruits.
The MW1 and 2 recruitment JD needed to be reformatted and re-organized. Also, some language was improved to promote equity and fairness, and be consistent with HR laws. The general nature of the JD remains as approved by the Council in 2021, so this recruitment is underway and interviews began April 4 and 5, 2024.
All new employees are required to sign the City Council’s approved job description for the position for which they were hired. It is proposed that these job descriptions be approved before the hiring of any staff.
FISCAL IMPACT:
No fiscal impact to the City of San Juan Bautista.
ATTACHMENTS:
A Resolution with 3 Job Descriptions:
City Clerk
Code and Community Services Liaison
Maintenance Worker 1 & 2
Page | 1
RESOLUTION NO. 2024- XX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ADOPTING THREE JOB
DESCRIPTIONS FOR THE POSITIONS OF CITY CLERK, CODE AND COMMUNITY
SERVICES LAISON, MAINTENANCE WORKER I AND MAINTENANCE WORKER II WHEREAS, at least annually, City shall review its job descriptions, consider updates and if needed, propose changes to the City Council for approval; and WHEREAS, on October 19, 2021, the City Council approved a job description for Maintenance Worker I and Maintenance Worker II positions (“MW1” and “MW2”); and WHEREAS, In November 2022, Measure W was approved by the voters changing the status of the City Clerk position from being an elected office, to an appointed position; and WHEREAS, In March 2023, Ordinance 2023-01 became law delegating the authority to appoint the City Clerk from the City Council to the City Manager, but no job description was considered at that time; and
WHEREAS, on September 19, 2023, the City Council adopted Resolution 2023-63 approving the job descriptions for Public Safety Officer and Community Service Worker; and WHEREAS, during recent recruitment efforts for Community Services Officer position, it was realized that the applications received did not reflect the City’s intentions for the work to be performed, requiring a re-drafting of that description as presented in the attached “Code and Community Services Liaison” description; and
WHEREAS, due to a recent vacancy and before opening recruitment to fill either the MW 1 or MW 2 position, the 2021 job description was reviewed and found in need an update as proposed in the second attachment to this Resolution; and WHEREAS, the City Council appointed the Deputy City Clerk to be the acting City Clerk at its March 19, 2024 Council meeting, and staff is proposing in the third attachment to this Resolution a job description to be used for this recruitment; and WHEREAS, the City Council agrees that the proposed new and updated attached job descriptions of the City Clerk, Code and Community Services Liaison, and MW1 & MW2 describe the current duties and more closely match the needs and flexibility of these positions.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. It agrees that the proposed new and updated attached job descriptions of the City Clerk, MW1 & MW2, and Code and Community Services Liaison, describe the current duties and more closely match the needs and flexibility of these positions.
Page | 2
3. Adopts the City Clerk, Code and Community Services Liaison, and Maintenance Worker I and Maintenance Worker II Job Descriptions attached to this Resolution.
PASSED AND APPRO0VED by the City Council of the City of San Juan Bautista at a regular meeting held on the 16th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
Attachment:
Job Descriptions for City Clerk, Code and Community Services Liaison, and Maintenance Worker I and Maintenance Worker II
City Clerk/Administrative Services Director DRAFT
1 CITY OF SAN JUAN BAUTISTA
POSITION DESCRIPTION
CITY CLERK/ADMINISTRATIVE SERVICES DIRECTOR
Full Time – 40 Hours/Week
Permanent Employee
Exempt Classification – Salaried, Not Eligible for Overtime or Compensatory Time GENERAL DESCRIPTION OF FUNCTION AND PURPOSE:
Under administrative direction of the City Manager, performs, plans, directs, manages, and oversees the activities and operations of the City’s Administrative Services including City Clerk, Human Resources, Risk Management, and Finance. This position performs and coordinates assigned activities with other City departments and outside agencies; and provides highly responsible and complex administrative support to the City Manager. Performs related work as required.
SUPERVISION RECEIVED AND EXERCISED
Reports to the City Manager and receives general direction from the City Manager. Exercises direct supervision over professional, technical, and clerical staff.
DISTINGUISHING CHARACTERISTICS
This is a classification with overall responsibility for the activities of the City’s Administrative Services. The incumbent is accountable for accomplishing all department goals and for furthering City goals and objectives within general policy guidelines.
EXAMPLES OF DUTIES (Includes, but not limited to):
• Plans, develops, and implements the goals, objectives, policies, procedures, and work standards for the City Clerk’s office and the Human Resources office. • Provides highly responsible administrative staff assistance to the City Council; directs specific and comprehensive analyses of a wide range of municipal policies; updates the City Council on the status of various projects at the City Manager's discretion. • Assists the City Manager with the development of the annual City budget in accordance with City Council directives; monitors monthly expenditures and reports significant variances to the City Council; develops alternate revenue sources for City Council projects; oversees the implementation of City Council goals and objectives.
City Clerk/Administrative Services Director DRAFT
2 • Provides for the training and tracks work evaluation of City Hall office staff; provides policy and procedural guidance and interpretation to staff. • Develops interpretations of state and local codes and City policies and agreements as they apply to City operations.
• Provides, plans, and assures City policies, procedures, and work standards for the Human Resources/Personnel Department are achieved
• Serves as the liaison to the City’s JPIA and workers compensation third-party administrator.
• Oversees staff performing accounts payable and receivable activities. • Manages bi-weekly payroll processing.
• Prepares a variety of oral and written reports.
• Investigates problems and complaints as directed.
• Serves as the official record keeper of the City, providing for the preparation, indexing and retention of meeting notifications, agendas, minutes, ordinances, resolutions, contracts, codes, deeds, easements, bonds, and related documents. • Responds to inquiries regarding public records, the Public Records Act, the Freedom of Information Act, and the Brown Act; reviews and monitors legal requests for records; ensures that all public records are open to inspection at all times during office hours and that every person’s right to inspect any public record of the City is upheld. • Oversees and administers the City’s records retention schedule; and implements and oversees process for proper document retention through the City’s record tracking and technology system
• Provides assistance to the public, City staff, and City Council by helping to identify records and information relevant to requests; ensures timely and appropriate response to all requests and communicates in writing with any requestor. • Directs the preparation, organization, printing, and distribution of City Council and Planning Commission meeting agendas minutes and staff reports to the City Council, Departments, Public Access locations and subscribers; identifies agenda items; prepares and coordinates the distribution of administrative and public reports, bulletins, questionnaires, notices for public hearings, and other documents; prepares deeds for recordation; posts and distributes agendas.
,
• Attends San Juan Bautista City Council meetings and Planning Commission meetings; transcribes and prepares minutes; prepares minute orders, resolutions, and ordinances in draft or final form; processes and required meeting follow-up, including contact with citizens and preparation/completion of ordinances, resolutions, agreements, notices of completion and claim rejection notices.
• Plans and conducts periodic municipal elections, administration of state campaigns, and disclosure laws; prepares necessary correspondence, publications, and resolutions for Council approval related to the election process.
City Clerk/Administrative Services Director DRAFT
3 • Serves as the Filing Officer for Economic Interest for Councilmembers, Council Candidates, Commission, appointees, and designated employees; coordinates the tracking of completed forms, proper filing, adherence to timelines, and provides notifications for campaigns, regulatory forms, and filings as needed.
• Monitors and maintains information with regard to various Boards, Commissions, and Committees, including tracking terms, expirations, appointments, reappointments, applications, recruitment and interview processes.
• Maintains the City’s Municipal Code by tracking ordinances and providing for their publication and distribution; administers in-house updates of the Municipal Code. • Administers the City’s records management program, including storage of records off site, records management procedure review, and processing of document destruction requests.
• Certifies and notarizes documents (or facilitates the process in the absence of a notary public commission), for City business; provides attestations with regard to the signature of the Mayor, Council members, and/or City Manager. Maintains custody of the City Seal.
• Monitors bid process for projects and materials; assigns bid dates; officiates bid openings; retains or releases bid bonds; provides copies of bids to appropriate departments.
• Assists staff and the public with questions regarding official documents or actions of the City; explains policies and procedures related to agenda preparation or submittals, document storage, and other matters.
• Participates on the City’s management team; assists in decision making and policy advice to the City Manager and Department Heads by providing an adequate foundation of information regarding significant events and issues in the City Manager’s absence. • Keeps City managerial team informed of departmental activities, transmits information, orders and coordinates supply orders, prepares contracts and agreements, arranges for equipment purchases and maintenance, attends meetings, prepares timesheets, and tracks time-off requests for payroll.
• Assist with Receiving and screening visitors and telephone calls; provides information to City staff, other organizations, and the public, requiring the use of judgment and the interpretation of policies, rules, procedures, and ordinances. • Monitors changes in laws, regulations, and technology that may affect office operations; implements policy and procedural changes as required.
• Receives, processes, and files claims and lawsuits against the City; accepts and processes subpoenas
• Administers oaths of office to elected, appointed officials, and other as required • Directs the official publication of notices and ordinances • Performs related duties and responsibilities as required.
City Clerk/Administrative Services Director DRAFT
4 Knowledge of:
• Administrative principles and methods, including goal setting; program and budget development, implementation, and control; personnel management and supervision. • City organization and functions; laws, rules, codes, and regulations governing Administrative Services activities.
• Government procurement methods and guidelines, including proper office methods, procedures, and practices, effective record keeping, and • central filing systems
• Ability to communicate clearly both orally and in writing. • Video Meeting Etiquette
• Safe work practices.
• Principles and practices of providing professional clerking services to an elected and appointed body.
• Principles and practices of human resources management, including recruitment, selection, discipline, and benefits administration.
• Principles and practices of fiscal management, including budgeting, accounts payable, accounts receivable, and payroll practices and procedures. • Principles and practices of risk management.
Ability to:
• Perform, plan, organize, assign, direct, review, and evaluate activities of the City’s Administrative Services
• Interpret, analyze, and apply local, state, and federal legal requirements, including procedures and policies of the City.
• Select, train, motivate, and evaluate staff.
• Develop, implement, and interpret goals, objectives, policies, procedures, and work standards.
• Analyze complex problems, evaluate alternatives, and make sound recommendations related to Administrative Services activities.
• Develop and implement sound financial, procurement, human resources, and general administrative systems and procedures.
• Perform complex administrative work with speed and accuracy. • Understand and follow complex oral and written instructions in an independent manner. • Maintain effective centralized recordkeeping and filing systems City Clerk/Administrative Services Director DRAFT
5 • Prepare clear, concise, and accurate reports, correspondence, and other written materials. • Communicate clearly, tactfully, and concisely, both orally and in writing. • Use office equipment, computer technology, and applications in the performance of daily activities.
• Maintain confidentiality in the collection, processing, and dissemination of sensitive information.
• Establish and maintain effective work relationships with those contacted in the course of work.
MINIMUM REQUIREMENTS:
Any combination of Education, Training, and/or Experience that may include:
Education:
Equivalent to an Associate of Arts Degree in Business, Public Administration, or related field.
Experience:
A minimum of two (2) years of experience working for a City or other municipality in a similar capacity; and four (4)-years performing increasingly responsible work in clerking an elected board/council, human resources, risk management, and budget management. .
Employee must complete AB 1825 Sexual Harassment Prevention Training within six months of appointment and every two years thereafter.
I have received a copy of this job description.
___________ _____________________________
Date Signature
City of San Juan Bautista
Position Description
CODE AND COMMUNITY SERVICES LIAISON
Full Time, 40 Hours/Week
Permanent Employee
Non-Exempt Classification – Overtime Provided per Municipal Personnel Policies
SUMMARY DESCRIPTION
Under general direction of Public Safety Coordinator, the Code and Community Services Liaison provides a wide range of field and office support for the Public safety Department of the City that includes public education, investigation and enforcement work in the office and in the field to insure compliance with City Municipal Code sections, ordinances and resolutions in support of building and land use, nuisance, community events, traffic, animal control, parking, abandon vehicle abatement, and disaster preparedness. Depending on the needs of the department, incumbents may be assigned to commercial vehicle enforcement, and support special events on weekends and evenings.
Distinguishing Characteristics:
This is a journey level class in the Public Safety Department. Incumbents perform routine and more complex general tasks with occasional instruction or assistance. Generally, this position enforces the municipal code.
ESSENTIAL JOB FUNCTIONS
1. Provides a wide range of services to the community for the benefit of law enforcement such as building and land use, community events, traffic, animal control, parking, abandon vehicle abatement, and receives verbal and written citizen inquiries and complaints.
2. Investigates reported complaints of municipal code, ordinance, and resolution violations; conducts in-the-field investigations to verify violations; advises individuals of violations and the methods of abatement; seeks abatement through voluntary compliance or, as necessary, through direct enforcement activities.
3. Conducts field inspections to uncover violations; gathers supporting evidence; informs individuals of code provisions and encourages compliance; issues appropriate warnings and violation notices.
4. Provides the public, through formal and informal means, with education regarding compliance with the municipal codes, ordinances, and resolutions; explains related zoning subdivision and related regulations to property owners and the public.
5. Maintains accurate records of inspections made and other related business conducted on behalf of the City; prepares reports for review and/or action by other interested individuals or agencies;
6. Testifies in court proceedings regarding code violations and actions.
7. Manage and support the various non-emergency complaints and calls received within the City; drives department vehicles on various shifts and responds to emergent and nonemergent situations including but not limited to, abandoned vehicles, code enforcement, and respond to calls for animal services to assess and report to the supervisor.
8. Performs multiple front desk and customer service duties; answers phones, directs callers, takes photographs, and handles a wide range of administrative tasks within the Public Safety Department.
9. Assists public safety service contractors and supervisor in field duties, community presentations, community events, and special assignments.
10. Operates office equipment such as computer terminals and other equipment in the performance of work related to report generation and records management as needed.
11. Performs other related duties as assigned.
Typical Decisions:
The incumbent will make consistent decisions regarding general community services and the duties involved. Will make evidentiary, investigative, case by case decisions including documentation and processing, prioritizing case tasks, customer service help. Works with little supervision and uses independent judgment.
MINIMUM QUALIFICATIONS
Knowledge of:
• Effective analytical and interviewing techniques
• Basic knowledge of the International Property Maintenance Codes, applicable State law, and requirements of local ordinances
• City policies and procedures
• Conflict resolution
• Technical report writing skills
• Citation issuance procedures
• Administrative hearing and courtroom presentation techniques • Public relations and conflict resolution skills
• Personal safety practices
• Operation of personal computers with proficiency using word processing, spread sheet and data base programs
• Operation of mobile digital devices
• Customer service and working with the public
Ability to:
• Interpret and understand applicable City and State laws, ordinances, and regulations.
• Conduct basic investigations and maintain accurate records of findings. • Research, investigate, and interpret information and resources. • Effectively advise citizens, property owners, and public on compliance with codes, diffuse confrontational situations.
• Deal with irate or very emotional individuals in enforcement, investigative, or emergent situations.
• Maintain composure in emergency and other stressful situations. • Effectively communicate report findings to the supervisor and/or administrative hearing officer or courts of law.
• Manage cases and multi-task.
• Prepare accurate, concise, and professional correspondence and reports. • Work efficiently and cooperatively with other City departments, outside agencies and members of the public; provide effective customer service. • Operate a city vehicle to include but not limited to patrol vehicles, vans, and radar trailers.
• Use a computer, other hardware, and related computer software.
Education:
High School Diploma or GED
Experience:
Two (2) years of experience dealing with the public in at least one of the following areas: code enforcement, housing, building inspection, environmental inspections, animal control, abatement or public safety for a public agency OR possess a certificate of registration as a Code Enforcement Officer, Building Inspector, Combination Inspector, or other discipline from the International Conference of Building Officials (ICBO).
Two years’ experience in obtaining compliance with applicable codes, including investigations and report writing.
Licenses and Certifications:
A valid California State Driver’s License; PC 832 Certificate required within one year of hire date.
Bilingual (English/Spanish) is preferred.
SUPPLEMENTAL INFORMATION
Physical Demands and Working Conditions:
Some assignments may require a shift work schedule to include days, evenings, weekends, and holidays. Will be required to work special events. This position requires a combination of field and office work, moving in and out of a vehicle for an entire shift, writing citations, assisting with
traffic control. Assignments may require standing for long periods of time. Fieldwork requires a tolerance for all types of weather conditions, heat, rain, fog, day and evening shifts. Business office environment subject to sitting at a desk or standing at a counter for long periods of time. Finger dexterity is needed to access, enter, and retrieve data using a computer keyboard, tablet or calculator and to operate standard office equipment; vision to read printed materials and a computer screen; hearing and speech to communicate in person, over the telephone and two-way radio. Positions in this classification occasionally bend, stoop, kneel, reach, push, and pull drawers open and closed to retrieve and file information. Employees must possess the ability to lift, carry, push, and pull materials and objects weighing up to fifty pounds.
May be subject to verbal and physically abusive behavior, threats, and insults from the public.
Potentially be in contact with persons that carry weapons and communicable diseases. May be ordered-in to provide staff coverage per the needs of the department. Promote and maintain safety in the workplace.
1 City of San Juan Bautista Position
Description
PUBLIC WORKS MAINTENANCE WORKER I/II
Full Time, 40 Hr. Week
Permanent Employee
Non-Exempt Classification – Overtime Provided per Municipal Personnel Policies General Description of Function & Purpose:
Under general supervision of the Public Works Supervisor, performs a variety of semi-skilled work in the construction, modification, maintenance, repair, and operation of City assets that include but are not limited to its public infrastructure, (streets, streetlights, sidewalks, water, wastewater, and storm water systems), property management, buildings, parks, and landscaping, and performs other related duties as required.
Distinguishing Class Characteristics:
Public Works Maintenance Worker I (“MWI”) is the Maintenance class entry-level position.
Under close supervision, incumbents with basic maintenance experience the “MW1” will learn about City infrastructure and facilities and learn the skills and the use of tools and equipment needed to construct, inspect, maintain, and repair them. As experience is gained, assignments become more varied and are performed with greater independence. This class is alternatively staffed with Public Works Maintenance Worker II and incumbents may advance to the higher level after gaining the knowledge, skill and experience which meet the qualifications for and demonstrating the ability to perform the work of the higher-level class. This class may also be used for temporary or part-time staffing as determined by the needs of the City.
Public Works Maintenance Worker II (“MWII”) is the experienced, journey-level class, capable of performing a wide variety of work to ensure that the public facilities and infrastructure of the City are maintained in a safe and effective working condition. “MWII” responsibilities include performing work in all operational and maintenance areas, depending upon the immediate needs of the City. It may include the use of heavy equipment including but not limited to a dump truck, back-hoe, and street sweeper. While incumbents may have developed skills in one or more areas of activity, all are expected to be able to perform basic maintenance and repair in all areas of assignment. MWII will oversee the work of full-time, part-time, volunteers and others (such as social service and Department of Correction programs and individuals). MWII may act as a lead worker overseeing other maintenance staff, providing training to MWIs, Maintenance Aides, and others. MWII may act as Public Works Supervisor in their absence as assigned.
Specific Examples of Duties and Responsibilities:
All Sections:
Inspect, assess and evaluate the conditions of City Public Works Assets and infrastructure systems following the Standard Operating Procedures for each system (water wells, sewer lift stations, fleet, building maintenance, etc.). Repair and maintain systems as directed. Complete work orders 2 submitted from the community and other city staff. Operate and provide daily maintenance on equipment, vehicles, and hand and power tools as assigned. Prepare and keep accurate records and reports. Investigate/inspect service requests and complaints and promote and maintain safety in the workplace.
Examples of Duties
The duties described below will be assigned as needed or determined by the PW Supervisor.
Given appropriate safety training and/or technical certification, every MW position may act in any of the duties described below.
Water Collection Distribution Systems:
Implement the City’s Standard Operating Procedures for maintaining the City’s water distribution system that includes wells as repairs and replacement of water mains, water services, fire hydrants and water meters. Take water quality samples per State of California regulations. Read water meters. May perform backflow tests and repairs on City-owned backflow assemblies.
Sewer Systems:
Implement the City’s Standard Operating Procedures established for the City’s sewer collection systems, including routine flushing of lines, and regular maintenance of the sewer lift stations.
Replace and maintain collection system pipes, manholes and lift station equipment. Operate industry trade equipment including pipe cameras and flushing equipment. Trouble shoot system failures including water testing, odor control and chemical additives used to control odors. Assist with the execution of the Grease Trap policies for private businesses.
Building and Grounds, Parks, and Landscape:
Perform weekly public building and park safety inspections that includes the safety of and equal access to all play equipment, furniture and structures. Perform landscape, irrigation, and ground maintenance around public buildings, recreation facilities, rights-of-way, and open areas. Clean an maintain park buildings and restrooms. Perform or coordinate necessary plumbing, carpentry, painting, irrigation repair, and related building and grounds maintenance and vandalism repair as assigned. May perform support services during major functions that occur in City facilities.
Streets/Trees:
Perform general maintenance and repair work involved in streets, streetlights, sidewalks, trees, and storm drains. Perform work in asphalt patching, street striping, street sweeping equipment, power wash sidewalks, cement masonry, carpentry, painting, and minor plumbing and electrical.
Street light repair and replacement as needed.
Buildings, Grounds, Parks, and Landscape:
Best practices and methods, materials, tools and equipment used in maintenance work of assigned area. Knowledge of water conservation practices, and pesticide application is desirable. Practice safety rules and practices required by Cal OSHA in the safe performance of work. Safe and responsible operation and maintenance of assigned vehicles and equipment. 3 Job Related and Essential Qualifications
MW I and MW II
Knowledge of:
• General maintenance principles, practices, tools, equipment, and materials for maintaining and repairing a variety of facilities, streets, and equipment, as found in the City.
• Basic safety principles and practices related to the work, including the handling of hazardous materials.
• Effective interpersonal skills necessary to work effectively with the public and fellow employees.
Ability to:
• Use hand and power tools common to a variety of different maintenance trades. • Operate a variety of equipment associated with maintenance work in assigned section. • Drive trucks, owing equipment, and pull trailers and other related accessories. • Learn to use applications loaded onto a city cell phone. • Safely operate and maintain a variety of small and large hand and power tools, including some large heavy-duty vehicles and equipment.
• Perform medium to heavy manual/physical labor, including lifting and carrying weighted objects.
• Work as a team member with other City departments.
• Establish and maintain a cooperative working relationship with those contacted in the normal course of work.
• Ability to communicate with the general public, provide, and follow oral and written instructions and prepare reports and complete necessary forms.
MW II
Knowledge of
• The use and operation of the following equipment: backhoe, front end loader, dump truck, chain saw, compressor jackhammer, Tiger mower/flail, Vactor truck, aerial lift, pressure washer, forklift, chipper, bobcat, paving box, water truck, sweeper, concrete/asphalt saw, emergency lights, oxyacetylene cutting and welding torch, and arrow and message board. • Leadership skills necessary to oversee and direct the work of other employees.
Ability to:
• Read and interpret advanced schematic and blueprint plans and maps pertaining to assigned section.
• Oversee and direct the work of others, including taking responsibility for the work to be performed by others.
• Train and guide subordinates in work practices and methods. • Work independently and follow Standard Operating Procedures without supervision. • Complete written incident and damage reports.
• Express ideas clearly and effectively, orally and in writing. 4 Minimum Qualifications
Maintenance Worker I
• Possession of a High School diploma or equivalency such as a General Education Degree (GED) or High School Equivalency certificate.
• A minimum of 6 months prior maintenance experience, preferably for a public agency.
Maintenance Worker II
• Possession of a High School diploma or equivalency such as a General Education Degree (GED) or High School Equivalency certificate.
• Three (3) years of experience in public works maintenance areas such as water, sewer, streets, trees, parks, landscape, or other related areas.
Licenses and/or Certifications (MWI and MWII)
• Possession of a valid California Class C driver’s license and satisfactory driving record in order to be insurable as a driver by the City.
Working Conditions
• Must be available for emergency call-out, as required. • When subject to assignment on paid standby duty, must reside within sixty (60) minutes normal driving time to the City Corporation Yard, normal driving time is the most direct route at the speed limit.
• Must be willing to work outdoors, in all types of weather conditions. • Must pass a post-offer, pre-employment medical examination, which includes a drug screen. 5 Physical Demands
• Possess the strength, flexibility, stamina, mobility, and coordination in order to perform heavy physical work.
• Use various hand and power tools, drive a motor vehicle and heavy construction equipment. • Lift and move materials and equipment weighing up to ninety (90) pounds and heavier weights with the use of proper equipment.
• Visual acuity to read printed materials and a computer screen, and to see hazards and discriminate among and match colors.
• Possess hearing and speech capable of communicating in person and over the telephone or radio and to hear alarms and other warning devices.
Special Credentials Incentives
City Personnel Policies Rule XIII, Section 6, provides incentives for incumbents with specific workrelated credentials/certificates possessed at the time of hire or acquired during their employment with the City. A 2% pay premium is applicable for up to three (3) of the following work-related certificates:
• Qualified Pesticide Applicators Certificate, including Category A and B – Landscape Maintenance.
• Grade 1 through Grade IV Water Distribution Operator Certificate issued by the State of California.
• CWEA Collection System Maintenance Certificate Grade I through Grade IV. • Backflow Prevention Assembly General Tester Certificate. • Connection Control Program Specialist Certificate
• Class A or B California Driver’s License to operate two and three axel commercial vehicles.
I have received a copy of this job description.
Date Signature
1. Item:# 7.A
City Council Meeting
April 16, 2024
1 CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
DATE: APRIL 16, 2024
DEPARTMENT: ADMINISTRATION
FROM: ELIZABETH SOTO, ACTING CITY CLERK
BY:
THRU: JON R. GIFFEN, CITY ATTORNEY
TITLE: DETERMINE SPECIFIC TIMES AND PLACE CONSISTENT
WITH MUNICPAL CODES 5-1-166 AND 5-16-100, AND
AUTHORIZE NON-PROFIT ORGANIZATION ANZAR HIGH
SCHOOL BOOSTER CLUB TO SELL SAFE AND SANE
FIREWORKS FOR THE FOURTH OF JULY HOLIDAY
RECOMMENDED ACTION(S):
That the City Council consider the three attached possible resolutions, and determine if or when fireworks will be sold this year by the one non-profit applying to do so (Anzar High School Booster Club), and if so, under what specific times and place this Fourth of July Season.
BACKGROUND INFORMATION:
In 2021, the City took specific and urgent action to further control the use of fireworks in the City due in part to extremely dry drought conditions. The City increased the bail scheduled for fines for the illegal fireworks and established a budget and special enforcement duties for public safety.
Generally speaking, the effort was successful on those days leading up to the 4th of July. On the 4th of July in 2001, resources were spread thin making enforcement difficult. Code Enforcement attempted an “educational approach” to enforcement that was partly effective. Three citations were written. One arrest was made using the camera system leased for the holiday. The “debrief” of the event lead to several proposed changes.
Staff was directed to clarify the two City codes in place; 5-1-165 and 5-16-100. 5-1-166 does allow fireworks in the City with the approval by the Fire Marshall, and these have for decades been limited to “Safe and Sane” fireworks. Code 5-16-100 does prohibit the use of fireworks in the City unless the time is specified and the locations are identified by the City Council. The Item:# 7.A
City Council Meeting
April 16, 2024
2 City policy last year was intended to be a “Zero Tolerance” policy and will be enforced in this manner in the future through the use of the emergency incident command structure, increased cooperation and collaboration between the Fire Department, Sheriff, Code Enforcement and private security.
DISCUSSION:
The City Attorney has considered the two City Codes and determined that they are not in conflict with each other. The prohibition allows the Council discretion in their use. Attached are three draft alternative resolutions for the Council to consider concerning the request of the Anzar High School Boosters Club to sell fireworks for the 4th of July and for the Council to consider whether it wants to permit or prohibit the use of fireworks in the City from noon on June 30, 2024 to midnight on July 4, 2024.
Version 1 continues the prohibition on the use of all fireworks in the City but grants the Anzar Boosters the right to sell safe and sane fireworks at The Windmill. Since the Council presumably did not address the prohibition on fireworks in Section 5-16-100 when it previously granted permission for sale of fireworks under Section 5-1-165, this is effectively what the City has done in past years;
Version 2 allows the use of safe and sane fireworks on private property by persons over 18 or minors accompanied by and under supervision of a parent or guardian from noon on June 30, 2024 to midnight on July 4, 2024 and grants the Anzar Boosters the right to sell safe and sane fireworks at The Windmill;
Version 3 continues the prohibition on the use of all fireworks in the City and denies the Anzar Boosters request to sell safe and sane fireworks.
All three resolutions recognize the adoption in 2021 of Resolution 2021-34A and affirm the increased administrative bail schedule established by that resolution for violations of 5-16-100 ($1K first offense, $2.5K second offense, and $5K third and subsequent offenses).
The Council can exercise its authority to provide further limitations. The use of fireworks can be restricted to just the 4th of July between certain hours. Staff’s intent is to provide an array of options within the boundaries of the City’s current code.
Staff will work with its partners to re-establish a special enforcement team as it did last year. This was a $6,000 expense including outreach efforts, camera system, and special private security duty.
FISCAL IMPACT:
The $6,000 budget will be paid from the General Fund, and be included in the 2025 budget.
ATTACHMENTS:
3-proposed Resolutions
Page | 1
ATTACHMENT 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AFFIRMING THE PROHIBITION ON THE USE WITHIN THE CITY OF ALL
FIREWORKS AT ANY TIME AND AUTHORIZING THE ANZAR HIGH SCHOOL BOOSTERS CLUB TO SELL FIREWORKS WITHIN THE CITY FOR THE JULY 4, 2024, HOLIDAY
WHEREAS, Section 5-16-100 of Chapter 5-16 of the City’s Municipal Code entitled “Fireworks” prohibits setting off fireworks within the City except at such times and places as the City Council may be order designate and permit; and
WHEREAS, Section 5-1-165 of Chapter 5-1 “California Fire Code, 2001 Edition” amends Section 7802 of the Uniform Fire Code to permit, upon approval by the City Council, the issuance by the Fire Chief of one permit for the sale of factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public during the period from Noon on June 30 to midnight on July 4; and
WHEREAS, the City of Hollister provides fire protection services under contract to the City of San Juan Bautista and the Fire Chief of the City of Hollister serves presently as the Fire Chief of the City of San Juan Bautista; and
WHEREAS, on March 25, 2024, a request was received from American Promotional Events, Inc. dba TNT Fireworks on behalf of the Anzar High School Boosters Club to sell “safe and sane” fireworks from a fireworks’ stand to be located in the parking lot of The Windmill Market at 310 The Alameda daily during the hours of 9:00 a.m. and 10:00 p.m. between the dates of June 30, 2024 and July 4, 2024; and
WHEREAS, American Promotional Events, Inc dba TNT Fireworks has provided proof of insurance coverage including, but not limited to, commercial general liability in the amount of $1,000,000 each occurrence and $2,000,000 general aggregate naming the City of San Juan Bautista as an additional insured; and
WHEREAS, on June 29, 2021, by Resolution 2021-34A the City Council approved the delegation of authority to its private security provider to issue administrative citations for violation of the City’s fireworks laws during times of extreme heat, dry weather and extreme fire drainage; and
WHEREAS, the State of California, San Benito County and the City are in the third year of a drought and continue to experience longer wildfire seasons, extended dryness with little precipitation, and above normal temperatures which results in lower than normal fuel moisture levels and accordingly an increased potential for wildland fire activity; and Page | 2
WHEREAS, by Resolution 2021-34A the City Council also established a bail schedule for administrative citations issued pertaining to enforcement of Section 5-16-100 which provides for a fine of $1,000 for a first offense, $2,500 for a second offense and $5,000 for a third or subsequent offense.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN JUAN BAUTISTA AS FOLLOWS:
1. The above Recitals are true and correct.
2. The City Council hereby affirms the prohibition set forth in Section 5-16-100 of the Municipal Code on the setting off of any fireworks within the City of San Juan Bautista at all times and the bail schedule established by Resolution 2021-34A for violation of same.
3. Subject to the prohibition on their use at all times within the City, in accordance with Section 5-1-165 of the Municipal Code, the City Council hereby directs that one permit be issued for the sale of factory-packaged fireworks of the type permitted by the California State Fire Marshall for use by the general public for their use where permitted by local regulation and requests the Fire Chief of the City of Hollister to issue that permit to the Anzar High School Boosters Cub to allow the sale of such fireworks in the City of San Juan Bautista at the Windmill Market, 301 The Alameda between the hours of 9:00 A.M. to 10:00 P.M. commencing at noon on June 30, 2024 and ending on July 4, 2024. The Anzar High School Boosters Club is a nonprofit organization and is not required to obtain a business permit for this fundraising event from which the receipts are used solely for a benevolent purpose.
4. The permit issued pursuant to Section 2 above is not intended as, nor shall it be construed to be, permission for any person to use fireworks within the City of San Juan Bautista during the term of the permit or at any other time.
5. For purposes of clarity, the use of any fireworks within the City at any time, including “safe and sane” fireworks contained in factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public, may subject the user to the penalties provided by Resolution 2021-34A.
PASSED AND APPROVED this 16th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page | 3
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
___________________________
Elizabeth Soto,Deputy City Clerk
Page | 1
RESOLUTION NO. 2024-xx
A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN BAUTISTA PERMITTING THE USE WITHIN THE CITY ONLY BETWEEN NOON AND 10:00 P.M. ON JULY 4, 2023 AND ONLY ON PRIVATE PROPERTY FOR
WHICH THE OWNER HAS GIVEN PRIOR PERMISSION, AND AUTHORIZING THE
ANZAR HIGH SCHOOL BOOSTERS CLUB TO SELL APPROVED FIREWORKS WITHIN THE CITY FOR THE JULY 4, 2023, HOLIDAY
WHEREAS, Section 5-16-100 of Chapter 5-16 of the City’s Municipal Code entitled “Fireworks” prohibits setting off fireworks within the City except at such times and places as the City Council may designate and permit; and
WHEREAS, Section 5-1-165 of Chapter 5-1 entitled “California Fire Code, 2022 Edition” amends Section 7802 of the Uniform Fire Code to permit, upon approval by the City Council, the issuance by the Fire Chief of one permit for the sale during the period from noon on June 30 to midnight on July 4 of factory-packaged assortments of legal fireworks permitted by the State Fire Marshall for use by the general public; and WHEREAS, the City of Hollister provides fire protection services under contract to the City of San Juan Bautista and the Fire Chief of the City of Hollister serves presently as the Fire Chief of the City of San Juan Bautista; and
WHEREAS, on March 20, 2024, a request was received from American Promotional Events, Inc. dba TNT Fireworks on behalf of the Anzar High School Boosters Club to sell “safe and sane” fireworks daily during the hours of 9:00 a.m. and 10:00 p.m., commencing on June 30, 2024 and ending at 7:00 p.m. on July 4, 2024, from a fireworks’ stand to be located in the parking lot of The Windmill Market at 310 The Alameda; and WHEREAS, American Promotional Events, Inc dba TNT Fireworks has provided proof of insurance coverage including, but not limited to, commercial general liability insurance in the amount of $1,000,000 each occurrence and $2,000,000 general aggregate naming the City of San Juan Bautista as an additional insured; and
WHEREAS, on June 29, 2021, by Resolution 2021-34A the City Council approved the delegation of authority to its private security provider to issue administrative citations for violation of the City’s fireworks laws; and
WHEREAS, by Resolution 2021-34A the City Council also established a bail schedule for administrative citations issued pertaining to enforcement of Section 5-16-100 which provides for a fine of $1,000 for a first offense, $2,500 for a second offense and $5,000 for a third or subsequent offense.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN JUAN BAUTISTA AS FOLLOWS:
Page | 2
1. The above Recitals are true and correct.
2. In accordance with Section 5-16-100 of the Municipal Code the City Council hereby designates, permits and orders that the date of July 4, 2024 commencing at noon and ending at 10:00 p.m. shall be the date and times during which it shall be lawful for any person over the age of 18, or a minor accompanied by and under the supervision of a parent or guardian, to ignite, fire off, or cause to be exploded fireworks of the type approved by the State Fire Marshal for use by the general public which are sold only in factory-packaged assortments.
3. In accordance with Section 5-16-100 of the Municipal Code, the City Council further designates, permits and orders the use of the fireworks described in Section 1 only on private property within the City for which the owner of the property has given prior permission for such use.
4. The City Council hereby affirms the bail schedule established by Resolution 2021-34A for violation of Section 5-16-100.
5. In accordance with Section 5-1-165 of the Municipal Code, the City Council hereby directs that one permit be issued for the sale of factory-packaged legal fireworks of the type permitted by the California State Fire Marshal for use by the general public where permitted by local regulation and requests the Fire Chief of the City of Hollister to issue that permit to the Anzar High School Boosters Club to allow the sale of such fireworks in the City of San Juan Bautista at the Windmill Market, 301 The Alameda, commencing at noon on June 30, 2024 and ending at 7:00 p.m. on July 4, 2024. The Anzar High School Boosters Club is a non-profit organization and is not required to obtain a business permit for this fundraising event from which the receipts are used solely for a benevolent purpose.
6. For purposes of clarity, the use of any fireworks within the City other than legal “safe and sane” fireworks contained in factory-packaged assortments of fireworks permitted by the State Fire Marshal for use by the general public by those persons and during the period and at the locations designated by this resolution may subject the user to the penalties provided by Resolution 2021-34A.
PASSED AND ADOPTED this 16th day of April 2024 at a regular meeting of the City Council by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Page | 3
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Page | 1
ATTACHMENT 3
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AFFIRMING THE PROHIBITION ON THE USE WITHIN THE CITY OF ALL
FIREWORKS AT ANY TIME AND DENYING THE REQUEST OF THE ANZAR HIGH
SCHOOL BOOSTERS CLUB TO SELL FIREWORKS WITHIN THE CITY FOR THE JULY 4, 2024, HOLIDAY
WHEREAS, Section 5-16-100 of Chapter 5-16 of the City’s Municipal Code entitled “Fireworks” prohibits setting off fireworks within the City except at such times and places as the City Council may be order designate and permit; and
WHEREAS, Section 5-1-165 of Chapter 5-1 “California Fire Code, 2001 Edition” amends Section 7802 of the Uniform Fire Code to permit, upon approval by the City Council, the issuance by the Fire Chief of one permit for the sale of factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public during the period from Noon on June 30 to midnight on July 4; and
WHEREAS, the City of Hollister provides fire protection services under contract to the City of San Juan Bautista and the Fire Chief of the City of Hollister serves presently as the Fire Chief of the City of San Juan Bautista; and
WHEREAS, on ____________, 2024, a request was received from American Promotional Events, Inc. dba TNT Fireworks on behalf of the Anzar High School Boosters Club to sell “safe and sane” fireworks from a fireworks’ stand to be located in the parking lot of The Windmill Market at 310 The Alameda daily during the hours of 9:00 a.m. and 10:00 p.m. between the dates of June ___, 2024 and July 4, 2024; and WHEREAS, on June 29, 2021, by Resolution 2021-34A the City Council approved the delegation of authority to its private security provider to issue administrative citations for violation of the City’s fireworks laws during times of extreme heat, dry weather and extreme fire drainage; and
WHEREAS, the State of California, San Benito County and the City are in the third year of a drought and continue to experience longer wildfire seasons, extended dryness with little precipitation, and above normal temperatures which results in lower than normal fuel moisture levels and accordingly an increased potential for wildland fire activity; and WHEREAS, by Resolution 2021-34A the City Council also established a bail schedule for administrative citations issued pertaining to enforcement of Section 5-16-100 which provides for a fine of $1,000 for a first offense, $2,500 for a second offense and $5,000 for a third or subsequent offense.
Page | 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN JUAN BAUTISTA AS FOLLOWS:
1. The above Recitals are true and correct.
2. The City Council hereby affirms the prohibition set forth in Section 5-16-100 of the Municipal Code on the setting off of any fireworks within the City of San Juan Bautista at all times and the bail schedule established by Resolution 2021-34A for violation of same.
3. The City Council hereby denies the request of the Anzar High School Boosters Club for a city-issued permit to allow the sale of sale of factory-packaged fireworks of the type permitted issued by the California State Fire Marshall for use by the general public fireworks in the City of San Juan Bautista at the Windmill Market, 301 The Alameda.
3. For purposes of clarity, the use of any fireworks within the City at any time, including “safe and sane” fireworks contained in factory-packaged assortments of fireworks permitted by the State Fire Marshall for use by the general public, may subject the user to the penalties provided by Resolution 2021-34A.
PASSED AND APPROVED this 16th day of April 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
STATE OF CALIFORNIA
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Date:
ESL ID:
Why You Received This Letter
According to our records, the following entity information is true and accurate as of the date of this letter.
Entity ID:
Entity Name:
1. The entity is in good standing with the Franchise Tax Board.
2. The entity is not in good standing with the Franchise Tax Board.
3. The entity is currently exempt from tax under Revenue and Taxation Code (R&TC) Section 23701
4. We do not have current information about the entity.
5. The entity was administratively dissolved/cancelled on through the Franchise Tax Board Administrative Dissolution process.
Important Information
• This information does not necessarily reflect the entity's current legal or administrative status with any other agency of the state of California or other governmental agency or body. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or if the entity did business in California at a time when it was not qualified or not registered to do business in California, this information does not reflect the status or voidability of contracts made by the entity in California during the period the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1).
• The entity certificate of revivor may have a time limitation or may limit the functions the revived entity can perform, or both (R&TC Section 23305b).
Connect With Us
Web:
Phone:
ftb.ca.gov
800-852-5711 from 7 a.m. to 5 p.m. weekdays, except state holidays 916-845-6500 from outside the United States
California
Relay Service: 711 or 800-735-2929 (For persons with hearing or speech impairments) FTB 4263A WEB (REV 12-2019)
FIREWORKS PACKET COVER SHEET
________________________________________
Organization
Check Date
___________________ Non-Profit Status __________________________ ___________________ Application Complete __________________________ ___________________ Hold Harmless Agreement __________________________ ___________________ Site Location Map __________________________ ___________________ Property Release __________________________ ___________________ Fireworks HAZMAT Plan __________________________ ___________________ City Permit Fee - $700 (Resolution No. 2007-11) __________________________
___________________ Fire Department Permit Fee - $200 __________________________ ___________________ Site Bond (refundable) $100 __________________________ ___________________ Insurance Certificate __________________________ ___________________ State Fire Marshal License __________________________ ___________________ Tents on-site require a Building
Permit from Building Dept - $101 _________________________ Fireworks Booth application sent to Planning Department __________________________ Hazardous Materials Management Plans to Fire Department __________________________ Anzar HS Boosters
DocuSign Envelope ID: 5DB42C08-FB41-4151-AC95-FFE6D6EC5643
CITY OF HOLLISTER
375 FIFTH STREET
HOLLISTER, CA 95023 ________ ________________________
PAGE 1 OF 2 DATE AND TIME RECEIVED
FIREWORKS SALES PERMIT APPLICATION
This form must be filed with the City Clerk’s Office prior to the City council review and issuance of a fireworks sales permit.
Section 1:
Organization:
Address:
Contact:
Phone Number(s):
Section 2:
Applications for permits shall be filed with the City Clerk’s Office of the City of Hollister as follows:
(a) Applicants shall be a 501(c) nonprofit organization. (b) Applications are to be filed between March 1 and March 31, inclusive, of each year by said nonprofit organization.
Each applicant shall disclose the location where “safe and sane fireworks” will be stored prior to the effective date of the permit and where those not sold during the term of the permit will be subsequently stored.
Each permit shall be valid for a period of not more than seven (7) consecutive days immediately prior to and including July 4th of each year and shall be limited to a particular site, which site shall be located within three hundred (300) feet of a fire hydrant, at least fifty (50) feet from any structure, and at least three hundred (300) feet from any other permitted site.
No stand or structure shall be constructed or erected for the sale of “safe and sane fireworks” more than ten (10) days prior to the effective date of the permit for the site and shall be dismantled and removed from the site within seven (7) days of the date of expiration of the permit.
Requested Site Location (be specific; attach map):
Anzar HS Boosters
2000 San Juan HIghway, San Juan Bautista, CA 95045
Parking lot at The Alameda
301 The Alameda, San Juan Bautista, CA
Jennifer Doupnik/ Gina Acevedo
(831) 818-1728 / (831) 206-4552
CITY OF HOLLISTER
FIREWORKS SALES PERMIT APPLICATION
PAGE 2 OF 2
Where will parking be provided:
Distance from the nearest fire hydrant:
Distance to closest structure:
Requested first date of sales:
Location where fireworks will be stored prior to sales:
Location where fireworks will be stored following sales:
Section 3:
__________________________________ ________________
Signature of Applicant Date
Section 4:
1. Sales Site Use Zone (Planning Department):
2. Use Permitted (Planning Department):
3. Site approved for use (Fire Department):
Comments:
Permit Masters/Fireworks Sales Permit Application
Adjacent to the stand in parking spaces
06/28 @ 12 noon
In approved containers at the
Hollister Airport.
Same
230'
170"
DocuSign Envelope ID: 5DB42C08-FB41-4151-AC95-FFE6D6EC5643 2/16/2024
Fireworks Sales Booth
Anzar HS Boosters
DocuSign Envelope ID: 5DB42C08-FB41-4151-AC95-FFE6D6EC5643 2/16/2024
Anzar HS Boosters
Alameda Plaza Notes: Stand faces The Alameda. Use 4 (four) sand bags 301 The Alameda, San Juan Bautista, CA inside stand to anchor stand. 16’ Stand, Wings
Location: XXX1247 North
The Windmill
Market
Highway 156
Back corner of stand at
corner of planter
2024
03/29/24
Pending City Council
approval.
CITY OF HOLLISTER
375 FIFTH STREET
HOLLISTER, CA 95023 ________________________
PAGE 1 OF 3 DATE AND TIME RECEIVED
FIREWORKS HAZARDOUS MATERIALS MANAGEMENT PLAN
Complete and return to the City Clerk’s Office by May 15th.
Date:
Name:
Address:
Phone Number(s):
Alternate Contact Name:
Alternate Phone Number(s):
Site Location of Fireworks Stand:
Adjacent Properties (business/property owner):
North: Phone: ( )
East: Phone: ( )
South: Phone: ( )
West: Phone: ( )
Special Land Uses Within One-Half Mile (name and phone number, such as school or hospital):
North: Phone: ( )
East: Phone: ( )
South: Phone: ( )
West: Phone: ( )
Instructions for completing the inventory page, Page 3
Business Name: Please list your name and the site location of the fireworks stand. Use a separate page for each fireworks stand. When complete, sign and date.
The following descriptions apply to most “Safe and Sane” Fireworks.
Chemical name Black Powder
Trade or Common Name Fireworks
Storage Container Size Various
2000 San Juan HIghway, San Juan Bautista, CA 95045
The Parking lot in front of the Windmill Market
Post Office
San Juan School
Highway 156
The Windmill Market
Gina Acevedo
(831) 206-4552
Jennifer Doupnik
(831) 818-1728
City of Hollister
Fireworks Hazardous Materials Management Plan
Type of Storage “A” on shelves
Total Amount on Hand Show the highest inventory at any time D.O.T. Class A, B, or C: usually C, Letter will be on
the shipping box.
UN/NA Number Number will be on shipping box.
Waste Storage These two columns are not applicable to
Fireworks Stands.
I declare under the penalty of perjury that the foregoing information is true and correct. If there is any change which would materially affect any answer given (for example, a change in the amount or type of material(s) stores, or in management or ownership), I will inform the City and apply for an appropriate amendment to this permit application.
Executed this ______ day of ____________, 20____
__________________________________________
Signature of Applicant
___________________________________________
Printed name of Applicant
DocuSign Envelope ID: 5DB42C08-FB41-4151-AC95-FFE6D6EC5643 2/16/2024
Jennifer Doupnik
City of Hollister
Fireworks Hazardous Materials Management Plan
BUSINESS NAME _____________________________________________________ (Separate form required for each business address. Make additional copies if necessary.) Chemical Name
Trade or
Common
Name
Storage
Container
Size
Type of
Storage
(Code 2)
Total on Hand D.O.T.
Class
(Code 1)
UN/NA
Number
Waste Storage
Liq. Solid Gas Container
Type
Total Amount on Hand
Liquid Solid Gas
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
I certify that the above information is true and correct to the best of my knowledge. I understand that I will not receive my Hazardous Materials Storage Permit until this form is fully completed and returned within 30 days of receipt.
Signature
Permit Masters/Fireworks HAZMAT
Anzar HS Boosters
DocuSign Envelope ID: 5DB42C08-FB41-4151-AC95-FFE6D6EC5643
Item: # 7.B
City Council Meeting
April 16, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: AMEND THE PERMANENT LOCAL HOUSING
ALLOCATION (“PLHA”) PROGRAM ALLOCATING 95%
OF 2019 GRANT FUNDS ($72,199 OF A FIVE-YEAR TOTAL
OF $455,999) FROM ACCESSORY DWELLING UNIT
(“ADU”) CODE COMPLIANCE GRANTS TO HOMELESS
SUPPORTIVE SERVICES AND THE 5%
ADMINISTRATIVE ALLOCATION FROM 2019 OF $3,800
FOR COUNTY ADMINISTRATIVE COSTS, AND
PROGRAMMING 95% OF THE 2020-2024 FUNDS FOR ADU
COMPLIANCE GRANTS AND 5% FOR CITY
ADMINISTRATIVE COSTS
RECOMMENDED MOTION:
Approve a Resolution amending the 5-year PLHA program by maintaining the 5% allocation for administrative costs in all five years, but moving the homeless supportive services program forward from years 4-5 to the first year (95% of 2019, or $72,199), and allocating 5% ($3,800) from the 2019 funds for County administrative costs, and allocate 95% in Grant funds in years 2020-2024 for the ADU Code Compliance Grant program, and authorize the City Manager to execute the attached Memorandum of Understanding (“MOU”) with San Benito County Public Health Department to deliver the HSS services.
RECOMMENDATION:
Amend the five-year PLHA Plan for the use of $455,999 PLHA, and execute the MOU as suggested by April 30, 2024, to avoid having the State reallocate the 2019 funds ($75,999) for a different State housing program.
BACKGROUND
SB2 established several different housing grant funds as incentives for local government to move affordable housing forward. The details of the program can be found at this link https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent-local-housing-allocation Page | 2
which is where the summary below was accessed:
Funding will help cities and counties:
• Increase the supply of housing for households at or below 60% of area median income • Increase assistance to affordable owner-occupied workforce housing • Assist persons experiencing or at risk of homelessness • Facilitate housing affordability, particularly for lower- and moderate-income households • Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation
• Ensure geographic equity in the distribution of the funds Without land controlled for the purpose of building affordable housing, the amount of funds allocated to San Jaun Bautista are insufficient to build affordable housing but could in the future be leveraged to do so.
EXECUTIVE SUMMARY:
The City learned in the fall of 2022 (well after 2019) that it was eligible to receive 5-years of PLHA funds, already allocated by the State for 2019, 2020, and 2021. It is anticipated that funds will also be allocated to the PLHA program for the City in years 2023, and 2024. When the City first considered the ten different programs it decided to support the ADU program and support of homeless programs.
The City established a five-year plan, and received State approval in February 2023. The City contracted with Reginal Government Services (RGS) to manage the PLHA program using the 5% allocated for administration. The five-year program set-aside 95% of its first three years for an ADU Code Compliance Grant program. This includes a deed restriction requiring the ADU to be occupied by a resident that earns 80% or less than the County median income (affordable housing).
The last two years of the grant was intended to be spent by sharing the 95% of the grant funds; 50% for the ADU program and 45% for a homeless supportive services program with San Benito County Public Health.
During the summer of 2023, the program was promoted but thus far, only one homeowner has applied with a valid request. In January 2024, the City was told by the State that it was at risk of not spending the funds within the 58-month requirement, and could possibly lose its first-year allocation of $75,999 if not encumbered by April 30th, 2024. The City Manager appealed for an extension but instead received a recommendation to move the homeless supportive service program forward from 2023-2024, to 2019 grant funds, and encumber them with an MOU.
The attached Resolution explains this history, the attached Table summarizes the fiscal impacts, and lastly it provides a draft MOU with San Benito County Public Health for HSS to encumber the funds before the deadline. The net result is that the 5% Administrative allocation for the City will be decreased by $3,800 to pay for County administrative costs, the ADU program will lose Item: # 7.B
City Council Meeting
April 16, 2024
Page | 3
$7,000 gained by the Homeless Supportive Services Program, but would continue to process ADU applications using 2020-2024 funding.
FISCAL IMPACT:
There is no fiscal impact to the City of San Juan Bautista ‘s General Fund, just a programmatic change to State Housing Grant funds summarized in the Resolution.
ATTACHMENTS:
Resolution with Fiscal Summary/Table and Draft MOU
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
BAUTISTA AUTHORIZING AN AMENDMENT TO THE PERMANENT LOCAL HOUSING ALLOCATION (“PLHA”) PROGRAM ALLOCATING 95% OF 2019 GRANT FUNDS ($72,199 OF A FIVE-YEAR TOTAL OF $455,999) FROM ACCESSORY DWELLING UNIT (“ADU”) CODE COMPLIANCE GRANTS TO HOMELESS SUPPORTIVE SERVICES AND THE 5% ADMINISTRATIVE
ALLOCATION FROM 2019 OF $3,800 FOR COUNTY ADMINISTRATIVE COSTS, AND PROGRAMMING 95% OF THE 2020-2024 FUNDS FOR ADU COMPLIANCE AND 5% FOR CITY ADMINISTRATIVE COSTS
A necessary quorum and majority of the City Council of the City of San Juan Bautista, a municipality, (“City”) hereby consents to, adopts, and ratifies the following resolution:
WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated August, 17, 2022, subsequently on October 18, 2023, the City Council adopted Resolution 2022-76 approving a five-year plan to spend PLHA funds from 2019- 2024 in an amount estimated to be $455,999, (2023 and 2024 funding are estimates), and on February 15, 2023, the State notified the City of its approval of this grant; and WHEREAS, of the ten possible housing programs the State approved for the use of PLHA funds, the City agreed to use 5% for administrative costs from each year, then 95% in the first three years for Accessory Dwelling Unit (“ADU”) Code Compliance, (applying deed restrictions to the ADU ensuring that they be occupied by persons earning 80% of the median income or below), and starting in years four and five, to use 5% of the funds for administrative expenses, and 50% of the balance of funds for ADU Compliance and 45% for San Benito County Public Health Department homeless supportive services (“HSS”) as shown in the attached Table; and
WHEREAS, the City has executed a small contract with Regional Government Services to administer the program, relying on the 5% provision in the program to cover these expenses but the San Benito County Public Health Department has requested that the 5% for 2019 be used by them for administration; and
WHEREAS, the City worked to promote the ADU Compliance program providing as much as $15,000 in grant funds per ADU, and to-date one valid application has been received and is being processed; and
WHEREAS, on January 19, 2024, the City was notified by the State that the 58-month deadline for the use of the 2019 funds was set expire April 30, 2024, and the funds from 2019 in the amount of $75,999 had to be encumbered before that date or they would be repurposed by the State for other State housing projects; and WHEREAS, on February 1, 2024, the City asked for an extension, as only a few ADU Compliance applications had been received; and
WHEREAS, on February 2nd, 2024, the City received a recommendation from the State that includes moving the homeless supportive services forward while the ADU Compliance program gains popularity; and
WHEREAS, if 95% of available funds from 2019 were approved as recommended in this report and re-allocated for homeless supportive services, with 5% being allocated to the County for administrative costs, and the balance of funds are used for ADU compliance, the impact to the current 5-year program would result in a net decrease of $3,800 from Administrative Costs, (from $22,800 to $19,000), a decrease of $7,772 from the ADU project, (from $368,772 to $361,000) and an increase of the same for HSS (from $64,427 to $72,199) as summarized in the attached Table; and
WHEREAS, San Benito County Public Health Department and the City have negotiated a Memorandum of Understanding attached for approval, and is now seeking the City Council’s approval to amend the original PLHA Plan using 2019 funds in the amount of $72,199 to support homeless supportive services and $3,800 for County administrative costs; and WHEREAS, if agreed upon by the City Council, the decision to use the funds allocated from the 2019 grant for HSS will preserve these funds from being re-programmed by the State if they are encumbered before April 30, 2024, and the attached draft MOU when executed with San Benito County Public Health will serve that purpose allowing the funds to be drawn down before the deadline.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. That it hereby amends its PLHA 5-Year Plan allocating 95% of the 2019 grant to San Benito County Public Health for Homeless Supportive Services, and 5% of 2019 Grant funds ($3,800) for Administrative Costs, and re-program 95% of the 2020-2024 Grant funds for Accessory Dwelling Unit Compliance grants and 5% for City Administrative costs.
3. It authorizes the City Manager to sign and execute the attached MOU with San Benito County Public Health to provide homeless supportive services on behalf of the City.
BE IT FURTHER RESOLVED, that this Plan was approved by the Board of Supervisors, and both City and County Resolutions and the MOU be sent to the State for the approval of the PLHA Plan Amendment.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista at a special meeting held on the 16th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
__________________
Scott Freels, Mayor
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned Officer of the City of San Juan Bautista, Don Reynolds, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of San Juan Bautista which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
Signature of Attesting Officer
Elizabeth Soto, Acting City Clerk
Attached: Table summarizing the proposed reallocation of funds Memorandum of Understanding with San Benito County Public Health to provide Homeless Supportive Services
ATTACHED SUMMARY TABLE
PLHA FUNDS now
5% ADMIN Projects ADU HSS
2019* 75,999 3,800 72,199 72,199
2020 114,549 5,727 108,822 108,822
2021 122,280 6,114 116,166 116,166
ESTIMATE 2023 71,586 3,579 68,006 35,793 32,213
ESTIMATE 2024 71,586 3,579 68,006 35,793 32,213
455,999 22,800 433,199 368,772 64,427
* 2019 admin funds are for the County for their admin of the HSS program
PLHA FUNDS PROPOSED
5% ADMIN Projects ADU HSS
2019* 75,999 75,999 75,999
2020 114,549 5,727 108,822 108,822
2021 122,280 6,114 116,166 116,166
ESTIMATE 2023 71,586 3,579 68,006 68,006
ESTIMATE 2024 71,586 3,579 68,006 68,006
TOTAL 455,999 19,000 436,999 361,000 75,999
* 2019 admin funds are for the County for their admin of the HSS program CHANGE (3,800) (7,772) 11,572
ATTACHED SUMMARY TABLE
PLHA FUNDS now
5% ADMIN Projects ADU HSS
2019* 75,999 3,800 72,199 72,199
2020 114,549 5,727 108,822 108,822
2021 122,280 6,114 116,166 116,166
ESTIMATE 2023 71,586 3,579 68,006 35,793 32,213
ESTIMATE 2024 71,586 3,579 68,006 35,793 32,213
455,999 22,800 433,199 368,772 64,427
* 2019 admin funds are for the County for their admin of the HSS program
PLHA FUNDS PROPOSED
5% ADMIN Projects ADU HSS
2019* 75,999 75,999 75,999
2020 114,549 5,727 108,822 108,822
2021 122,280 6,114 116,166 116,166
ESTIMATE 2023 71,586 3,579 68,006 68,006
ESTIMATE 2024 71,586 3,579 68,006 68,006
TOTAL 455,999 19,000 436,999 361,000 75,999
* 2019 admin funds are for the County for their admin of the HSS program CHANGE (3,800) (7,772) 11,572
Item: ___
City Council Meeting
April 16, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2024
DEPARTMENT: CITY MANAGER
BY: DON REYNOLDS
TITLE: CONSIDER A “VACANT PROPERTY REGISTRATION”
PROGRAM VS A “VACANCY TAX”
RECOMMENDATION:
Discuss the attached example of a Vacancy Registration Program, consider its merits relative to the proposed “vacancy tax,” and direct staff to return to the Council with a draft policy.
BACKGROUND:
Since 2022, the City has been considering establishing a vacancy tax as an incentive for property owners to maintain and lease their vacant buildings. At its February 20, 2024 City Council meeting, the City Council considered a variety of downtown policies intended to uplift the properties and improve the appeal of historic Third Street. Three suggestions stood out; parking policy, façade improvement program, and vacancy tax. Attached is the same staff report on Vacancy Tax programs provided at the February 20, 2024 Council meeting.
The Vacancy Tax concept is that when a building is vacant for extended periods, it has a blightfull impact on the downtown. The owner will be taxed per day, week or month for each additional unit of time that it remains vacant. This tax is used as an incentive to encourage the leasing the vacant building as quickly as possible. It is the “stick” needed to encourage proactive efforts for building owners to reduce the blight of vacant buildings downtown. Staff was directed to prepare a “vacancy tax” measure for the voters on the November ballot.
Since then, working with CityGate Associates Inc.’s Stacey Bristow, it has been suggested that a new consideration include small dedicated fees to help improve maintenance and care for the downtown. And rather than a Vacancy Tax, consider instead a “Vacancy Registration” program.
DISCUSSION
Staff considered three different vacancy registration policies. Attached is the one from West Hollywood. It involves the compliance officer working with the property owner to register the property, classify it, and inspect it. There are four different Vacant Property Classifications; Stable, At-risk, Problematic, and Failed property.
Page | 2
The annual registration fees are based on the Property Classification and range as follows:
no-cost for Stable properties that have never been in another classification; $740 for Stable properties that have been classified before, $4,440 for At Risk Properties,
$8,880 for Problematic Properties, and
$26,640 for Failed Properties.
Inspections increase in frequency in relation to the severity of the classification, ranging from Quarterly to weekly for the worst conditions. Administrative code enforcement for properties that are not in compliance following a Notice of Violation, start at $1,000 for the first violation,
$2,000 for the second, and
$5,000 for the third violation.
Some programs also require a property management company to be assigned for buildings with absent owners. Inspections and compliance requirements may and would likely include other elements of health and safety measures and/or improvements as mentioned in the attached or as determined by the City Council and staff. These measures might include cameras, protective yet attractive coverings for windows or doors, and so forth.
These fees would be added to the City’s fee and bail schedule that includes fines for the failure to comply, requests for administrative hearings, inspections, and impact fees related to the building official, police, fire, or mutual aid response. These fees and costs are yet to be determined, and a complete review of the fee and bail schedule are included in the current CIP.
This approach is also in support of the recently adopted 2023 Strategic Plans Goals and Objectives, current General Plan, and is in alignment with City Councils mission and vision for San Juan Bautista. While this type of program as been successful in many other jurisdictions throughout Californian and nationally, finding the best approach, roll out, communication strategy and ongoing upkeep of such a program would be tailored to what makes the best sense and fit for the San Juan Bautista community.
A policy like this can be effective, because the fees and penalties are high enough to be an incentive for compliance. It does not require a ballot process to become law, and can be easily amended by Item: ___
City Council Meeting
April 16, 2024
Page | 3
Resolution. Staff briefly reviewed these options with a property owner downtown, and in the brief discussion, it was understood that this would best serve all those that invest in the City. That particular property owner stated their properties received interest in vacancies, without having to advertise.
Some cities also create hospitality fees for various beautification and maintenance efforts. The food-and-beverage receipt will include small fee for art in the downtown, maintenance of plants and sidewalk furniture, promotional costs and other dedicated purposes. They amount to less than $5 on the food bill. These fees then help off-set the cost of promoting and maintaining the downtown district. Perhaps they only apply to tourists. This initiative will require more careful consideration before being implemented.
The revenue generated by these programs can be used to pay for new beautification programs that may include help painting and improving facades.
FISCAL IMPACT:
No action is being sought, thus there is no fiscal impact to the City of San Juan Bautista.
If the special fees are enacted, the City’s General Fund could be relieved from its annual contribution of $20,000 to promote the downtown. No special district would be necessary.
ATTACHMENTS:
2022 Vacancy Tax Staff Report (presented again February 20, 2024) West Hollywood Vacancy Registration Program
1 RESOLUTION NO. 2024- XX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ADOPTING THREE
JOB DESCRIPTIONS FOR THE POSITIONS OF CITY CLERK, CODE AND
COMMUNITY SERVICES LAISON, MAINTENANCE WORKER I AND
MAINTENANCE WORKER II
WHEREAS, at least annually, City shall review its job descriptions, consider updates and if needed, propose changes to the City Council for approval; and WHEREAS, on October 19, 2021, the City Council approved a job description for Maintenance Worker I and Maintenance Worker II positions (“MW1” and “MW2”); and WHEREAS, In November 2022, Measure W was approved by the voters changing the status of the City Clerk position from being an elected office, to an appointed position; and WHEREAS, In March 2023, Ordinance 2023-01 became law delegating the authority to appoint the City Clerk from the City Council to the City Manager, but no job description was considered at that time; and
WHEREAS, on September 19, 2023, the City Council adopted Resolution 2023-63 approving the job descriptions for Public Safety Officer and Community Service Worker; and WHEREAS, during recent recruitment efforts for Community Services Officer position, it was realized that the applications received did not reflect the City’s intentions for the work to be performed, requiring a re-drafting of that description as presented in the attached “Code and Community Services Liaison” description; and
WHEREAS, due to a recent vacancy and before opening recruitment to fill either the MW 1 or MW 2 position, the 2021 job description was reviewed and found in need an update as proposed in the second attachment to this Resolution; and WHEREAS, the City Council appointed the Deputy City Clerk to be the acting City Clerk at its March 19, 2024 Council meeting, and staff is proposing in the third attachment to this Resolution a job description to be used for this recruitment; and WHEREAS, the City Council agrees that the proposed new and updated attached job descriptions of the City Clerk, Code and Community Services Liaison, and MW1 & MW2 describe the current duties and more closely match the needs and flexibility of these positions.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2 2. It agrees that the proposed new and updated attached job descriptions of the City Clerk, MW1 & MW2, and Code and Community Services Liaison, describe the current duties and more closely match the needs and flexibility of these positions.
3. Adopts the City Clerk, Code and Community Services Liaison, and Maintenance Worker I and Maintenance Worker II Job Descriptions attached to this Resolution.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 16th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Scott Freels, Mayor
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
Attachment: Job Descriptions for City Clerk, Code and Community Services Liaison, and Maintenance Worker I and Maintenance Worker II
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.