City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
CITY COUNCIL
REGULAR MEETING
TUESDAY, JUNE 18, 2024, 5:00 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA
ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.
Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.
JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235
To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
2. CLOSED SESSION 5:00 P.M. – 6:00 P.M.
Receive public 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.) b. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Manager.
Page | 2 City Council June 18, 2024
3. PRESENTATION
A. Spirit of San Juan Annual Report - Jill Pagaran
B. Caltrans Eucalyptus Tree Removal Project at US 101/Rocks Road - Lisa Lowerison, Project Manager, Caltrans
4. PUBLIC HEARING
A. Community Facilities District No. 2018-1 (“Copperleaf” and “Rancho Vista” Neighborhoods) Annual Levy
Recommendation: Approve a RESOLUTION Levying the Annual Special Tax for Community Facilities District No. 2018-01, Fiscal Year 2024/25.
B. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 for Fiscal Year 2024-25
Recommendation: Approve a RESOLUTION Approving the Report Prepared in Connection with the Fiscal Year 2024/25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1; and Approve a RESOLUTION Confirming a Diagram and Assessment in Connection with the Fiscal Year 2024/25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1.
5. 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.
6. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
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
7. 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. Workplace Violence Prevention Plan.
Recommendation: Approve a RESOLUTION adopting the City of San Juan Bautista Workplace Violence Prevention Plan for inclusion in the City’s Personnel Policies.
Page | 3 City Council June 18, 2024
C. Adopting a List of Projects for Fiscal Year 2024-25 Funded by Sb 1: The Road Repair and Accountability Act of 2017.
Recommendation: Approve a RESOLUTION subject to final review, revision, and approval by the City Manager and the City Engineer a Resolution “Adopting the Fiscal Year 2024/25 List of Projects Funded by SB1: The Road Repair and Accountability Act.”.
D. Master Agreement Administering Agency-State Agreement for State Funded Projects.
Recommendation: Approve a RESOLUTION and agreement, subject to final review, revision, and approval by the City Manager and the City Attorney and authorize the City Manager to execute the Agreement with the State of California through its Department of Transportation (Caltrans) to administer a state funded road rehabilitation project.
E. Adoption of a Volunteer Program.
Recommendation: Approve a RESOLUTION naming volunteers as employees for the purpose of providing Workers’ Compensation benefits when that individual provides services to the City (Amended).
F. Approve the Regular Meeting Minutes of April 16, 2024.
G. Approve the Regular Meeting Minutes of May 21, 2024.
8. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.
A. Fiscal Year 2024/25 Budget Adoption
Recommendation: Approve a RESOLUTION adopting the City Operations and Capital Improvement Budgets for Fiscal Year 2024/25.
B. A Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits Recommendation: Approve a RESOLUTION approving a MOU between the City and the County regarding coordinated development review for prosed projects within the City’s proposed Planning Area, which is that area outside of the Sphere of Influence and City Political Boundary.
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 Page | 4 City Council June 18, 2024
or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.
SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting. Written comments will be read into the record provided that the reading does not exceed three (3) minutes.
PUBLIC NOTIFICATION
This agenda was posted on Friday, June 14, 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/.
Spirit of
San Juan Bautista
2023 / 2024 Presenter Name
About Spirit of San Juan Bautista
501(c)(3) 47-3176537
SoSJB is a membership organization designed to
promote San Juan Bautista. Membership is made up of
tourism serving organizations and businesses.
Since 2015 SoSJB's tourism promotion efforts have been
designed to increase visitation to the city and generate increased tourism revenues.
Marketing is designed to complement stake holders
individual efforts and provide opportunities they aren't participating in on their own.
SPIRIT OF SAN JUAN BAUTISTA, CA
2 Mission Statement
Goals & Objectives
Mission Statement of the Spirit of San Juan
Bautista is to promote economic vitality while
maintaining the charm and history of
San Juan Bautista.
Goals & Objectives: Build a brand message that
drives visitation. Use resources 25% digital 75%
mixed Media. Attract Corporate Partners to
support the brand. Leverage existing marketing
efforts to attract visitors. Identify and develop
markets for San Juan Bautista.
SPIRIT OF SAN JUAN BAUTISTA, CA 3
How we Promote
How we Represent
• SBC Economic Development Corporation Board
• State Historic Park, SJB
• Old Mission San Juan Bautista
• San Benito County Business Council
• Community Foundation of San Benito County
• San Juan Aromas School District Foundation
• SJB Community Running Track Committee
• Welcome Center /maintenance, set up
• California Visitor Center, Gilroy, Salinas
• Central Coast Tourism Council
• Meet & Greet Candidates Forum
• San Juan School Trick or Treat Procession
• Dia de los Muertos Procession
More Contributions
• Holiday Merchant Open House
• Community Holiday Decorations – Recognizing
Holidays and Events
• Yamamoto Hula Ohana, Dancers, Garlic City
Carolers
• Signature Events: PJIFF, San Juan
Day, Sip & Celebrate
Funding Sources
• Events and Sponsorships
• City of San Juan Bautista
• Grants: CFFSBC, Rotary SJB, PG & E, Chan/
Zukerberg Initative
• Private Donations
• 100% Board Participation
By the Numbers
• Digital Communications: 48% open Rate
• Website Maintenance/Hosting Visitors 41280
• Followers: fb SoSJB 2.4 Taste of SJB 1.3
• Edible Monterey Bay: Newsletter 11,900
• Cen. Coast Website 318,000 (no specifics)
• Alfredo Avilla, LLC Film Media Contract 15 hours
• KSBW 54 x Visit San Juan Bautista
• Sunset Magazine / Alaska Airlines Inflight
Magazine Coop Opportunity: 768 info requests
• Visit California Travel Guide
• Mandego Small Business Saturday 1000 bags
• Visit San Juan Brochures 20,000
• Central Coast Map 225,000 + Distribution
• Banners
SPIRIT OF SAN JUAN BAUTISTA, CA
4 Support / Promotions / Events
SPIRIT OF SAN JUAN BAUTISTA, CA
5 San Juan Day
Work Plan 23/24
SPIRIT OF SAN JUAN BAUTISTA, CA 6
Priority 1 Priority 2 Priority 3 Priority 4
Officers Annual Budget
Accounting
Funding
Guidelines
Manage
Consultants
Coordinate
Meetings
Group 1 +
Directors
Video
Production Est Hashtags Events Content Creation
Group 2 +_
Directors Ad Structure Reprint Hist.Walking Map
Provide
templates to
share
Media Kits for
Bus/to travel with
Board Waltz contract
to update Qrtly
Bldg a Photo
Library FAMS Strengthen Brand
PRESENTATION TITLE 7
Summary
The differences between 2019 and 2024 are monumental. Things have changed and continue to change, Spirit of San Juan Bautista will endeavor to adapt and move forward in a positive manor for the benefit of San Juan Bautista. There is hope that we all thrive and never have to hear the word pivot again. Thank you for your ongoing support as we continue to promote the City of San Juan Bautista. Open invitation to join us at a meeting, 1st Monday of the month Inaka Japanese Restaurant at 9am.
SPIRIT OF SAN JUAN BAUTISTA, CA
8 Thank you
Board of Directors 2023-2024
Jill Glass Pagaran– President
Sarah Griss – Vice President, Lolla Cafe
Rhonda IO– *Treasurer Inaka Japanese Restaurant
Heidi Balz – *Communications Coordinator Retired
Wanda Guibert, Secretary SJB Historical Society (Pres.) Bev Meamber Retired
Margot Tankersley Margot's Ice Cream Parlor
Melinda Cable Plaza History Association
Fran Fitzharris, Brewery Twenty Five
Lori Wilson Bear's Hideaway
Monica Lopez Ramirez 18th Barrel Tasting Room
LeeAnna Brothers Inaka Japanese Restaurant
Bob Quaid-Retired
Eduardo (Eddie) Hernandez Posada Hotel
Debbie Hernandez Sweet Pea Antiques
Leslie Jordan, San Juan Bautista
Monica Shearer, Artsy Chica
WWW.SanJuanBautistaCA.com
SPIRIT OF SAN JUAN BAUTISTA, CA 9
Rocks Road Tree Removal
Project
Highway 101, San Benito County
Near Aromas, 3 miles west of San Juan Bautista
Vicinity Map
Project
Location
Map
Need & Purpose
• The project is needed
• to address the trees near the roadway that are in
declining health or that exhibit structural weakness or imbalance.
• The purpose of the project is to:
• improve safety for the traveling public by eliminating the potential of trees and debris falling onto the roadway
• reduce Caltrans maintenance worker exposure on the
highway associated with maintenance activities
Project
Description
• The project would remove approximately 228 blue gum
eucalyptus trees (Eucalyptus globulus)
• adjacent to Highway 101
• trees in poor health or in weak condition
• within 40 to 60 feet of the pavement edge
• includes replacement planting with native species
Replacement
Planting
• Replacement planting will
consist of:
• native species and native
trees throughout the
project area
• will result in a higher
density of planting
• restoring the
landscape to more
native habitat
• improving habitat for
the California redlegged frog
• Cost
• $2.6 million
• State Highway
Operation and
Protection Program
• Schedule
• Begin construction –
September 2024
• End construction –
November 2024
• Review
The environmental document is available
for review
• Online at: https://dot.ca.gov/caltrans-nearme/district-5/district-5-current-projects/05-1s010 • San Benito County Library
• Submit comments by June 30, 2024
• Submit via mail:
• Dept. of Transportation, 50 Higuera St,
San Luis Obispo, CA 93401
• Submit via email
• [email protected]
Project
Contacts
• Victor Devens, Project Manager
Phone: 805-904-9517
Email: [email protected]
• Lisa Lowerison, Project Manager
Phone: 805-393-5792
Email: [email protected]
• Sunny McBride, Senior Environmental Scientist
Phone: 805-440-9575
Email: [email protected]
• District 5 Public Information Office
Phone: 805-549-3318
Email: [email protected]
Item No. #XX
City Council Meeting
June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: ENGINEERING
FROM: DOUG PIKE, CITY ENGINEER
BY: DOUG PIKE, CITY ENGINEER
TITLE: RESOLUTION FOR ANNUAL LEVY APPROVAL CFD NO. 2018-01 (“COPPERLEAF” AND “RANCHO VISTA” NEIGHBORHOODS)
RECOMMENDED MOTION:
It is recommended that the City Council:
1. Open public comment to accept any input from the public and consider any comments or questions. No action is required at this time.
2. Consider and adopt a Resolution No. 2024-XX A Resolution of the City Council of the City of San Juan Bautista Levying the Annual Special Tax for Community Facilities District No. 2018-01, Fiscal Year 2024/25.
BACKGROUND:
When the City approves the conditions for a new development, it requires that a service district be established to collect funds from each property owner, and use these funds to maintain those common public improvements unique and special to each new community. Thisincludes, but is not limited to, the weekly landscape maintenance, street lighting, streets and sidewalks. The allowed uses for the funds are defined in the Formation Report provided on the City’s website. The funds are paid totheCounty Tax Assessor when the property taxes are paid, and then sent to the City to use to manage the district. These funds have an accounting separate from all other funds, subject to annual reviewand required to submit an annual report each year.
OnOctober 16, 2018 the CityCouncil officially formed San Juan Bautista Community Facilities District No. 2018-01 inorder tolevy a specialtaxto fund the public services(the “Services”) required to maintain certain public improvements within the boundaries of the CFD pursuant to the Mello-Roos Community Facilities Act of 1982 (Government Code Section 53311 and following) (the “Act”). Both the Copperleaf and Rancho Vista maintenance programs are part of this one district but the costs are estimated separately referred to as “Zone 1” and “Zone 2” respectively.
At the time the District wasformed, a “maximum special tax” for each tax area was calculated. They are currently set at these maximum rates:
Item No. #XX
City Council Meeting
June 18, 2024
Page | 2
Zone 1 Copperleaf has a maximum tax of $1,024.30
Zone 2 Rancho Vista has a maximum tax of $1,307.97
Before these improvements are built, the Developer deposits a performance bond equal to the estimated cost of the improvements in the Formation Report. This bond is leveraged by the City to assure that these improvements are built toCity Engineer’s standards. Whenaccepted by the City, the District and the City then assume responsibility for maintaining the improvements. “Partial Acceptance” can happen when only some of the improvements have to be completed (i.e., building a roundabout). If the developer fails to maintain the improvements before the City accepts them, the District can step in before they fall apart.
Over the past four years, the assessments have been less than the estimated maximum tax. This year, Zone 1 was assessed $690.47, and Zone 2 was assessed $824.03.
DISCUSSION:
Each year, the CityCouncil will be asked to adopt a Resolution establishing the annual special tax levy for the District. The Resolution shows the special tax amount for each parcel, in each tax area (Copperleaf & Rancho Vista).
The Method of Apportionment, found in the Formation Report, allowed for an annual escalator to the maximum special tax amounts. The established annual escalator is equal to the greater of 2% or the annual Consumer Price Index-All Urban Consumers (“CPI-U”) for the San Francisco-OaklandHaywardarea. For Fiscal Year 2024/25, the annual CPI-U was 3.80%. As a result, 3.80% was applied to the Fiscal Year 2024/25 maximum special tax for each tax area referenced above, establishing the adjusted maximum special tax for Fiscal Year 2024/25.
In summary,
COPPERLEAF
The adjustedmaximum CPI-U for Zone 1, the Copperleaf taxarea for FiscalYear2024/25 is $1024.30. The actual special tax being proposed for Copperleaf parcels in Fiscal Year 24/25 is $690.47. It is unlikely that the budgeted costs of $31,071 will be less than the anticipated revenue of $31,071. This District has a reserve balance of $28,507, and will add another $1,793 to it.
RANCHO VISTA
The adjusted maximum CPI-U for Zone 2, the Rancho Vista tax area for Fiscal Year 2024/25 is $1,307.97. The special tax being proposed for Rancho Vista parcels in Fiscal Year 2024/25 is $824.03. It is unlikely that budgeted costs of $70,042.55 will exceed the anticipated revenue of $70,042.55. This District has a balance of $24,056, and will add another $23,812 to it.
Item No. #XX
City Council Meeting
June 18, 2024
Page | 3
FISCAL IMPACT:
The budgets for each District Zone are provided in the attached Annual Levy Report. There is no impact to the City’s General Fund, so long as the special taxes for the CFD are collected and are sufficient to cover the annual costs.
ATTACHMENTS:
1. Resolution Approving the Levy of the 2024/25 Annual Special Tax for the CFD.
2. Annual Levy Report
Page | 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
LEVYINGTHEANNUALSPECIALTAXFORCOMMUNITYFACILITIESDISTRICT NO. 2018-01 FOR FISCAL YEAR 2024/25
WHEREAS, the City Council of the City of San Juan Bautista, California (the “City Council”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the “Act”). Said special tax district is known and designated as Community Facilities District No. 2018-01 (the “CFD”).
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. The specific special tax to be collected for the CFD, for Fiscal Year 2024/25 is hereby determined and established as shown on the attached special tax rolls for each Tax Zones.
SECTION 3. The special tax as set forth on said attachment does not exceed the amount as previously authorized by Ordinance of this City Council and is not in excess of that as previously approved by the individual electors of the CFD, and is in compliance with the provisions of Proposition 218, Section XIII C of the California Constitution.
SECTION 4. The proceeds of the special tax shall be used to pay, in whole or in part, the costs of the following, and shall not be used for any other purpose:
• Landscape Maintenance
• Park Maintenance
• Recreational Equipment
• Street and Sidewalk Maintenance
• Curb & Gutter Maintenance
• Street Lighting Maintenance
• Storm Drain Maintenance
• Sound Wall Maintenance
• Fencing
• Graffiti Abatement
• Mosquito Abatement
SECTION 5.The specialtaxshall be collected in the samemanner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and same procedure and saleincases of delinquent advaloremtaxes, and the TaxCollectorishereby authorized to deduct reasonable administrative costs incurred in collecting said special tax.
Page | 2
SECTION 6. All monies collected shall be paid into a fund for the CFD, including any reserve amounts.
SECTION 7. The County Auditor-Controller is hereby directed to enter in the next County assessment roll on which property taxes will become due, opposite each lot or parcel of land affected in a spacemarked “public service” or “special tax”, or by any other suitable designation, the installment of the special tax and the exact amount of the special tax assubmitted.
SECTION 8. The County Auditor-Controller shall then, at the close of the tax collection period, provide a detailed report showing the parcels and corresponding special tax amounts.
PASSED AND APPROVED by the San Juan Bautista City Council on this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Page | 3
2024/25 SPECIAL TAX ROLL FOR TAX ZONE 1 (COPPERLEAF)
Page | 4
2024/25 SPECIAL TAX ROLL FOR TAX ZONE 2 (RANCHO VISTA)
All permits have been issued, as of June 15, 2020, 3.80% CPI applied for 2024, 85 taxable parcels Page | 5
Item Cost
Maintenance
Landscape Maintenance $22,296.24
Street Lighting Maintenance $853.92
Street Maintenance $1,248.04
Total Maintenance Cost $24,398.20
Administrative Cost $4,879.64
Reserves
Operating Reserve $573.36
Annual Capital Replacement Reserve 1,219.91
Total Reserves $1,793.27
Total Estimated Special Tax Amount - Fiscal Year 2024/25 $31,071.11 Total Number of Developed Single Family Parcels 45
Fiscal Year 2024/25 Applied Special Tax per Parcel $690.47 Fiscal Year 2024/25 Maximum Special Tax per Parcel $1,024.30 Operating Reserve Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2024) $7,278.00 2024/25 Operating Reserve Fund Collection/(Reduction) $573.36 Estimated Reserve Fund Ending Balance (6/30/2025) $7,851.36 Capital Replacement Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2024) $21,229.00 2024/25 Contribution to Capital Replacement $1,219.91
Estimated Reserve Fund Ending Balance (6/30/2025) $22,448.91 City of San Juan Bautista
Community Facilities District No. 2018-01
Fiscal Year 2024/25 Cost Estimate Summary - Copperleaf
Page | 6
City of San Juan Bautista
Community Facilities District No. 2018-01
Fiscal Year 2024/25 Cost Estimate Summary – Rancho Vista Item Cost
Maintenance
Landscape Maintenance $33,568.92
Street Lighting Maintenance $2,527.38
Street Maintenance $2,873.65
Total Maintenance Cost $38,969.96
Overhead
Personnel Cost $4,912.00
Administrative Cost $7,260.63
Total Overhead Cost $12,172.63
Reserves
Operating Reserve (10% of Total Maintenance Cost) $5,114.26 Annual Capital Replacement Reserve $18,697.70
Total Reserves $23,811.96
Total Estimated Special Tax Amount - Fiscal Year 2024/25 $70,042.55 Total Number of Developed Single Family Parcels 85
Fiscal Year 2024/25 Applied Special Tax per Parcel $824.03 Fiscal Year 2024/25 Maximum Special Tax per Parcel $1,307.97 Operating Reserve Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2024) $2,887.00 2024/25 Operating Reserve Fund Collection/(Reduction) $5,114.26 Estimated Reserve Fund Ending Balance (6/30/2025) $8,001.26 Capital Replacement Fund Balance
Estimated Reserve Fund Beginning Balance (7/1/2024) $21,169.00 2023/24 Contribution to Capital Replacement $18,697.70
Estimated Reserve Fund Ending Balance (6/30/2025) $39,866.70
CITY OF SAN JUAN BAUTISTA
COMMUNITY FACILITIES DISTRICT NO. 2018-1
LOCAL AGENCY SPECIAL TAX AND BOND
ACCOUNTABILITY ACT COMPLIANCE (SB 165)
FISCAL YEAR 2024-25 ANNUAL REPORT
May 2024
PREPARED BY
MNS Engineers
201 Industrial Way, Suite A
Buelton, CA 93427
www.mnsengineers.com
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
ii
TABLE OF CONTENTS
Background ................................................................................................................. 1 Authorized Services ..................................................................................................... 1 Collection of Special Taxes and Expenditures ............................................................. 3 Appendix A – Boundary Map ................................................................................... A - 1 Appendix B – Special Tax Roll ................................................................................ B - 1 San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
i
BACKGROUND
Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act“) was enacted by the California State Legislature through Senate Bill 165, to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. According to the requirements of the Accountability Act (Sections 50075.1 and 53410 of the California Government Code), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure on or before each January 1, commencing January 1, 2001 and shall contain a description of the following:
1. The amount of funds collected and expended to fund authorized facilities and/or services in the previous fiscal year.
2. The status of any project required or authorized to be funded by the special tax and/or bond measure.
The information contained in this Section has been compiled and is being presented pursuant to, and in accordance with, the requirements outlined in the Accountability Act for Fiscal Year 2024/25.
Authorized Facilities/Services
A listing of the authorized facilities and services being provided in the Community Facilities District are shown on the following page.
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
i
AUTHORIZED FACILITIES AND SERVICES
Authorized Services
The purpose of CFD No. 2018-1 is to provide for the costs to maintain, service and replace the items listed below:
• Landscape Maintenance
• Park Maintenance
• Recreational Equipment
• Street and Sidewalk Maintenance
• Curb & Gutter Maintenance
• Street Lighting Maintenance
• Storm Drain Maintenance
• Sound Wall Maintenance
• Fencing
• Graffiti Abatement
• Mosquito Abatement
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
ii
COLLECTIONS AND EXPENDITURES
Collection of Special Taxes and Expenditures
The table on the following page details the amount of Special Taxes collected and the expenditures made to fund the authorized services and incidental expense of CFD No. 2018-1 from July 1, 2024 through June 30, 2025.
TAX ZONE 1
Fiscal Year 2024/25 Cost Estimate Summary - Copperleaf
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
iii
TAX ZONE 2
Fiscal Year 2024/25 Cost Estimate Summary – Rancho Vista
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
iv
APPENDIX A – BOUNDARY MAP
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
v
APPENDIX B – SPECIAL TAX ROLL
TAX ZONE 1 - COPPERLEAF
San Juan Bautista Community Facilities District No. 2018-1 Fiscal Year 2024/25 Annual Report
vi
TAX ZONE 2 – RANCHO VISTA
Item No. #XX
City Council Meeting
June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: ENGINEERING
FROM: DOUG PIKE, CITY ENGINEER
BY: DOUG PIKE, CITY ENGINEER
TITLE: RESOLUTION FOR VALLE VISTA LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR FISCAL
YEAR 2024-25
RECOMMENDED MOTION:
It is recommended that the City Council:
1. Open public comment to accept any input from the public and consider any comments or questions. No action is required at this time.
2. Consider and adopt Resolution 2024-XX, A Resolution of the City Council of The City of San Juan Bautista Approving the Report Prepared in Connection with the Fiscal Year 2024/25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1.
3. Consider and adopt Resolution 2024-XX, A Resolution of the City Council of The City of San Juan Bautista Confirming a Diagram and Assessment in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1 for Fiscal Year 2024/25.
BACKGROUND:
The City of San Juan Bautista has one Landscape and Lighting Maintenance Assessment Districts, which are regulated by the Landscape and Lighting Act of 1972 (commencing with Section 22500) Part 2, Division 15 of the California Streets and Highways Code. The special districts were created in accordance with Article XIIID of the California Constitution and California Government Code section 53753. The purpose of the special districts is to levy and collect annual assessments on the County tax rolls to provide on-going funding for the costs and expenses required to service and maintain the landscaping and lighting improvements associated with and resulting from the development of properties within each district. The costs and expenses associated with each special district assessment are for the benefit of the properties upon which the assessment is levied. Funds can only be used for maintenance and improvement to public landscaping and lighting within each special district.
Item No. #XX
City Council Meeting
June 18, 2024
Page | 2
In accordance with the Landscape and Lighting Act, the City Clerk is required to provide public notice of the assessment process at least 10 days prior to the date of hearing. Prior to levying a new assessment pursuant to Chapter 2 (commencing with Section 22585), the City Council must conduct a public hearing and review the Engineer’s Report which specifies the assessment. The Engineer’s Report is attached. The Engineer’s Report is prepared for each fiscal year for which assessments are to be levied and collected, to pay the costs of the improvements described in the report. After approval of the report, either as filed or as modified, the City Council must adopt a resolution of adopting the assessment which shall:
(a) Declare the intention of the City to levy and collect assessments within the assessment district for the fiscal year stated therein.
(b) Generally describe the existing and proposed improvements and any substantial changes proposed to be made in existing improvements.
(c) Refer to the assessment district by its distinctive designation and indicate the general location of the district.
(d) Refer to the report of the engineer, on file with the clerk, for a full and detailed description of the improvements, the boundaries of the assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the district.
(e) Give notice of the time, as fixed by Section 22625, and the place for hearing by the City Council on the levy of the proposed assessment.
(f) State whether the assessment is proposed to increase from the previous year.
In accordance with the Act, any interested person may, prior to the conclusion of the hearing, file a written protest with the clerk or, having previously filed a protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection. A protest by a property owner shall contain a description sufficient to identify the property owned by him/her. If notice is given pursuant to subdivision (a) of Section 22626, the City Council shall hold the public hearing pursuant to Section 53753 of the Government. All interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and all written protests made or filed by any interested person. The City Council may continue the hearing from time to time, provided that no continuance shall be made to a date subsequent to August 10 without the prior consent of the county auditor.
During the course or upon the conclusion of the hearing, the City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment. If there is a majority protest against the levy of an annual assessment after the formation of the assessment district that is increased from any previous year, the proposed increase in the assessment shall be abandoned.
The assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments, except that assessments levied pursuant to Section 22660 for which bonds or notes are to be issued may be paid within 30 days after the date the county auditor has entered the assessments on the county assessment roll, upon which time the engineer Item No. #XX
City Council Meeting
June 18, 2024
Page | 3
shall make and file with the treasurer a complete list of all unpaid assessments in the manner required by Section 8620.
PROJECTS:
The proceeds of this levy are to perform any remedial landscape or lighting maintenance necessary through the fiscal year.
DISCUSSION:
Each year, the City Council will be asked to adopt a Resolution establishing the annual special tax levy for the District. The Report shows the special tax amount for each parcel in the District.
The Method of Apportionment, found in the Formation Report, allowed for an annual escalator to the maximum special tax amounts. The established annual escalator is equal to the annual Consumer Price Index-All Urban Consumers ("CPI-U") for the San Francisco Oakland- San Jose area.
The proposed assessments for FY 2024-25 have been increased to keep up with the cost of contract maintenance for the current FY. At the time the District was formed, a “maximum special tax” for each tax area was calculated. The current proposed assessment is set at a rate below these maximum rates. Over the past six years, the assessed rate has been below the allowed maximum tax rate.
FISCAL IMPACT:
There is no anticipated fiscal impact as the proposed on-going maintenance within the Valle Vista Lighting and Landscaping Maintenance District is within the anticipated revenues (including reserves).
ATTACHMENTS:
1. A Resolution of the City Council of The City of San Juan Bautista Approving the Report Prepared in Connection with the Fiscal Year 2024/25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1.
2. A Resolution of the City Council of The City of San Juan Bautista Confirming a Diagram and Assessment in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1 for Fiscal Year 2024/25.
3. Assessment Report
Item: #4.B
City Council Meeting
June 18, 2024
Page | 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
CONFIRMING A DIAGRAM AND ASSESSMENT IN CONNECTION WITH VALLE
VISTA LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2024-25
WHEREAS, pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 et seq.) (“Act”), the City levies an annual assessment in connection with its Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 (“District”); and WHEREAS, by prior resolution, this Council declared its intention to levy the assessment in connection with the District for Fiscal Year 2024-25; and WHEREAS, on June 18, 2024, this Council held a full and fair public hearing with respect to the proposed assessment at which all interested persons were permitted to give oral testimony and written protests; and
WHEREAS, notice of the hearing was published in accordance with applicable law; and WHEREAS, the City Council desires to proceed with the levy of the assessment in connection with the District for Fiscal Year 2024-25.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Juan Bautista as follows:
1. The foregoing recitals are all true and correct.
2. The City Council overrules all objections and protests.
3. The Diagram and Assessment contained in the Report entitled “Assessment Report, Valle Vista Lighting and Landscape Maintenance Assessment District No. 1, Fiscal Year 2024- 25 and dated May 21, 2024 (the “Report”), which Report is on file in the Office of the City Clerk and incorporated herein by reference is hereby approved.
4. The adoption of this Resolution constitutes the levy of the assessment within the District for Fiscal Year 2024-25.
5. The assessments for Fiscal Year 2024-25 will be less than the maximum assessment possible of $1,724.02, applying the cost estimates anticipated in 2008 when property owners approved the assessment with a provision for increases based on the increases in the Consumer Price Index (CPI), and instead the assessment for FY 2024/25 assessment will be $1,116.28.
Item: #4.B
City Council Meeting
June 18, 2024
Page | 2
6. The City Clerk shall certify to the adoption of this resolution and shall cause the same to be processed in the manner required by law.
PASSED AND APPROVED at a special meeting of the City Council of the City of San Juan Bautista duly held on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Page | 1
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
APPROVING THE REPORT PREPARED IN CONNECTION WITH THE FISCAL YEAR 2024-25 LEVY OF ASSESSMENTS IN CONNECTION WITH VALLE VISTA LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 1 WHEREAS, pursuant to the Landscaping and Lighting Act of 1972 (Streets & Highways Code Section 22500 et seq.) (“Act”), the City levies an annual assessment in connection with its Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 (“District”); and WHEREAS, by prior resolution, this Council ordered preparation of an Assessment Report (“Report”) with respect to the Fiscal Year 2024-25 assessment to be levied in connection with the District; and
WHEREAS, the City Manager has prepared the Report and has filed a copy of the Report with the City Clerk, which Report is hereby incorporated herein by reference; and WHEREAS, the City Council desires to approve the Report, as filed.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of San Juan Bautista as follows:
1. The Council finds that the Report contains all information required by the Act.
2. The City Council hereby approves the Report as filed.
PASSED AND APPROVED at a special meeting of the City Council of the City of San Juan Bautista duly held on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
FISCAL YEAR 2024 - 2025
MAY, 2024
PREPARED BY:
MNS ENGINEERS, INC.
201 INDUSTRIAL WAY, SUITE A
BUELTON, CALIFORNIA, 93427
CITY OF SAN JUAN BAUTISTA
SAN BENITO COUNTY
CALIFORNIA
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
FISCAL YEAR 2024-2025
MAY, 2024
MEMBERS OF THE CITY COUNCIL
Scott Freels, Mayor
Leslie Q. Jordan, Mayor Pro Tem
John Freeman
Jackie Morris-Lopez
EJ Sabathia
Don Reynolds City Manager
Jon R. Giffen, Kennedy, Archer & Giffen City Attorney
Elizabeth Soto City Clerk
Jerry Sanguinetti Director of Public Works
Douglas S. Pike City Engineer
MNS Engineers, Inc. Engineer of Work
ENGINEER’S REPORT
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
FISCAL YEAR 2024-2025
The undersigned respectfully submits the enclosed report as directed by the City Council.
Dated: May 21, 2024 MNS Engineers, Inc.
Engineer of Work
By
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment and Assessment Diagram thereto attached, was filed with me on the 21st day of May, 2024.
Elizabeth Soto, City Clerk
City of San Juan Bautista
San Benito County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of San Juan Bautista, San Benito County, California, on the 21st day of May, 2024.
Elizabeth Soto, City Clerk
City of San Juan Bautista
San Benito County, California
By
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment and Assessment Diagram thereto attached, was recorded in my office on the ______________ day of _______________, 2024.
County Auditor
San Benito County, California
By
ENGINEER’S REPORT
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMEMT DISTRICT NO. 1
FISCAL YEAR 2024 - 2025
Douglas Pike, City Engineer of the City of San Juan Bautista, Engineer of Work for Valle Vista Lighting and Landscape Maintenance Assessment District No. 1, City of San Juan Bautista, San Benito Count, California, makes this report, as directed by the City Council, pursuant to Section 22585 et seq. of the Streets and Highways Code and Section 4(b) of Article XIIID to the California Constitution.
The improvements which are the subject of this report are briefly described on the attached Exhibit A.
This report consists of five parts, as follows:
PART A - Plans and specifications for the improvements to be maintained and operated are filed with the City Clerk. Although separately bound, the plans and specifications are a part of this report and are included in it by reference.
PART B - An estimate of the cost of the improvements to be maintained and/or operated.
PART C - An assessment of the estimated cost of the improvement to be maintained and/or operated on each benefited parcel of land within the assessment district, including a list of the names and addresses of the owners of real property within the assessment district, as shown on the last equalized assessment roll for taxes, or as known to the Clerk. The list is keyed to Exhibit B by assessment number.
PART D - A statement of the method by which the undersigned has determined the amount proposed to be assessed against each parcel.
PART E - Exhibit B, a diagram showing all of the parcels of real property within this assessment district. The diagram is keyed to Part C by assessment number.
Respectfully submitted,
MNS Engineers, Inc.
City of San Juan Bautista
Engineer of Work
PART A
DESCRIPTION OF WORK
VALLE VISTA LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
FISCAL YEAR 2024 - 2025
VALLE VISTA LIGHTING AND LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO. 1 is generally described as a district bounded on the Northwest/Southwest by Christopher/Sons; Christopher William/V Et Al Parcel 1 Book 11- Maps pg. 26, on the Northeast by San Juan Highway, on the Southeast by Deleon Sergio R. and Irma Parcel 4 Book. 1-P.M. pg. 69, Lopez Joes Jr. and Manuela Et Al. Parcel 3 Book 1-P.M. pg. 69, Walter Mary Jane Parcel 2 Book. 1-P.M. pg. 69, Walter Mary Jane Parcel l Book. 1-P.M. pg. 69, and on the South by Third St. Refer to Exhibit B.
Maintenance and operation of any or all public landscaping and irrigation improvements and street lighting, of a local nature, on landscaped strips of land between back of curb and front of walk and for planter walls/fences, including jogging paths, planter walls, grass berms, appurtenant irrigation systems; ornamental plantings including lawns, shrubs, and trees; including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal; park strip repair and replacement: including biological monitoring, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof and all additions, improvements and enlargements thereto which may hereafter be made on the following described streets:
Proposed Donner Street, Proposed Ahwahnee Street, Existing First Street (San Juan Highway) and Existing Third Street - as shown on the “Creekbridge Homes Valle Vista, San Juan Bautista, California", Sheets L-1 through L-13.
Maintenance and operation of any or all public landscaping and irrigation improvements, of a local nature, of the following described areas, including detention basin landscaping and bank protection, park improvements, appurtenant irrigation systems; ornamental plantings including lawns, shrubs, and trees; including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal; including biological monitoring, and any and all other items of work necessary and incidental for the proper maintenance and operation thereof and all additions, improvements and enlargements thereto which may hereafter be made on the following described work:
Parcel A Detention Basin, Parcel B Sanitary Sewer Pump Station - located on Ahwahnee Street as shown on the “Creekbridge Homes Valle Vista, San Juan Bautista, California", Sheets L-I through L-13.
Parcel C, Proposed Public Park (San Juan Park) - located on the corner of Donner Street and Third Street as shown on the “Creekbridge Homes Valle Vista, San Juan Bautista, California”, Sheets L-1 through L-13.
Incidental costs including contingencies, and assessment district incidentals including engineering, printing, and notices to property owners, collection costs, legal fees, administration and supervision, are assessed to the District on the same basis as the improvements specified above.
PART B
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
2024-2025 BUDGET ESTIMATES
PART C
ASSESSMENT ROLL
VALLE VISTA LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT NO. 1
FISCAL YEAR 2024-2025
PART D
RULES FOR SPREADING ASSESSMENTS
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
FISCAL YEAR 2024 - 2025
The District is assessed, on the basis of total development units generated, for the maintenance and operation of the Valle Vista Lighting and Landscape Maintenance Assessment District No. 1, including incidentals and appurtenances and shall include all the costs of maintaining and/or operating the improvements described herein.
GENERAL RULES
1. All costs associated with the maintenance and operation of the Valle Vista Lighting and Landscape Maintenance Assessment District No. 1 improvements including Engineer’s Report, printing and advertising of assessment notices and legal fees shall be spread to all parcels on a pro rata development unit basis.
2. Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of landscaping, street lighting, and park and recreational facilities. Section 22573 of the Lighting and Landscaping Act of 1972 requires that maintenance assessments be levied according to benefit rather than according to assessed value. In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property.
Article XIIID provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.
Excepted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and rightsof-ways, public greenbelts and public parkways, and that portion of public property that is not developed and used for business purposes similar to private commercial, industrial and institutional activities.
The improvements to be maintained and operated as a result of the formation of the Valle Vista Lighting and Landscape Maintenance Assessment District No. 1 have been scheduled to be installed simultaneously with the development of residential units within the District.
When construction and installation of the street lighting and landscape is complete assessment will be collected from all developed parcels in proportion to the special benefit derived by each parcel. All of the involved improvements are being installed within or in areas in close proximity to the proposed developed residential lots.
3. In order to determine the appropriate assessment for each developed parcel, a budget for operation and maintenance costs associated with planned improvements in the Valle Vista Project was prepared. Since not all of the improvements to be operated or maintained within the subdivision will be done simultaneously with the development of residential lots within the District, to the extent applicable, costs in the District have been prorated to reflect the District’s proportionate share of operation and maintenance costs. In some instances, the total cost of operation and maintenance of a given improvement must be collected on an annual basis.
4. Factored development unit calculations are as follows:
Low Density Residential = 1.0 Unit
5. All assessed parcels shall be assessed an additional $15.00 for County collection fee in addition to the City fee, for the administration of the district.
6. All assessments shall be adjusted annually based on a comparison of the Consumer Price Index of the San Francisco-Oakland-San Jose area for the previous year/month to the Consumer Price Index for the year/month assessments are determined in the future. The benchmark month is April.
PART E
EXHIBIT B
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 4/1/2024 Through 4/30/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
4/16/2024 217523 Specialty Construction, Inc. 587,873.66 4/16/2024 217524 Specialty Construction, Inc. 383,730.54 4/16/2024 217525 ACWA Health Benefits Authority 13,187.86 4/16/2024 217526 All Clear Water Services 4,100.00
4/16/2024 217527 Anabel Solis 700.00
4/16/2024 217528 at&t 134.20
4/16/2024 217529 att.com 66.99
4/16/2024 217530 AVAYA 250.66
4/16/2024 217531 Baker Supplies and Repairs 354.36
4/16/2024 217532 ByWater Solutions 1,050.00
4/16/2024 217533 CALNET 371.99
4/16/2024 217534 Charter Communications 593.39
4/16/2024 217535 Citygate Associates, LLC 3,015.38
4/16/2024 217536 Clark Pest Control 111.00
4/16/2024 217537 Cypress Water Services 11,225.00
4/16/2024 217538 David Medeiros. 183.72
4/16/2024 217539 Department of Conservation 84.14
4/16/2024 217540 Elizabeth Soto 1,192.29
4/16/2024 217541 EMC Planning Group Inc. 6,345.19
4/16/2024 217542 Hamner Jewell Associates 175.00
4/16/2024 217543 Kysmet Security & Patrol Inc 11,559.00 4/16/2024 217544 Landscape Design By Rosemary Bridwell CCN 200.00 4/16/2024 217545 Margaret Clovis 2,475.00
4/16/2024 217546 Midwest Tape 98.71
4/16/2024 217547 MNS Engineers, Inc. 7,760.30
4/16/2024 217548 Monterey Bay Air Resources Dist. 857.00 4/16/2024 217549 Monterey Bay Analytical Services 5,027.00 4/16/2024 217550 Petty Cash 209.10
4/16/2024 217551 Postmaster 320.00
4/16/2024 217552 Ready Refresh 102.17
4/16/2024 217553 Regional Government Services 9,257.72
4/16/2024 217554 Ridgeline Municipal Strategies, LLC 11,236.25 4/16/2024 217555 Rojas Communications Group 2,500.00
4/16/2024 217556 Rx-Tek 100.00
4/16/2024 217557 Spirit of San Juan Bautista 5,000.00
4/16/2024 217558 Smith & Enright Landscaping 5,845.00
4/16/2024 217559 Stantec Consulting Services Inc. 30,591.87 4/16/2024 217560 State Compensation Insurance Fund 5,109.50 4/16/2024 217561 T-Mobile 277.09
4/16/2024 217562 Uline 176.37
4/16/2024 217563 Univar Solutions 793.02
4/16/2024 217564 Veronica Munoz-Noriega 1,209.70
4/16/2024 217565 Victor Arevalo Zavala 230.00
4/16/2024 217566 Wright Bros. Industrial Supply 83.61
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 4/1/2024 Through 4/30/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
4/18/2024 217567 Design Line & Granger 463.22
4/18/2024 217568 Kennedy, Archer & Giffen 50,057.50
4/18/2024 217569 MNS Engineers, Inc. 34,371.25
4/18/2024 217570 Valero Marketing & Supply 1,118.63
4/18/2024 217571 4Leaf, Inc. 14,300.10
4/18/2024 217572 A & N Plumbing, Inc. 1,623.10
4/18/2024 217573 Lodestone Security, LLC 7,500.00
4/18/2024 217574 Pacific Sound Control 85,915.97
4/18/2024 217575 Wallace Group 4,598.00
4/18/2024 217576 Wendy L. Cumming, CPA 4,743.75
4/18/2024 217577 Pacific Sound Control 4,521.89
4/30/2024 ATM Payroll 59,500.27
4/30/2024 Payroll Taxes 19,631.41
4/30/2024 ATM2 Fica 6,427.19
Report Total 1,410,536.06
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Ten Month Period Ended April 30, 2024
Item #5E
City Council Meeting
June 18, 2024
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 83% Notes
General Fund 2,328,531 1,968,174 2,142,500 (1,593,243) 92% Special Revenue Funds:
Capital Projects Fund 1,909,088 299,043 2,836,845 (2,703,471) 11% A Community Development 52,018 196,196 404,514 (393,098) 49% B COPS 127,027 141,436 100,000 (75,000) 141% C
Parking & Restroom Fd 23,417 24,980 28,000 (16,269) 89% Gas Tax Fund 78,829 75,850 101,000 (76,799) 75%
Valle Vista LLD 22,108 19,904 23,889 (17,919) 83%
Rancho Vista CFD 55,434 55,449 67,512 (49,481) 82%
Copperleaf CFD 18,875 19,135 23,165 (12,240) 83%
Internal Service Funds:
Blg Rehab. & Replace 31,667 31,667 38,000 (28,500) 83%
Vehicle Replacement 50,000 50,000 60,000 (45,000) 83%
Enterprise Funds:
Water
Operations 1,026,665 1,292,207 1,345,000 (904,085) 96%
Sewer
Operations 1,253,276 1,436,880 1,390,000 (943,950) 103% TOTAL Funds 6,976,934 5,610,921 8,560,425 (6,859,055) 66% 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.
C ~ COPS revenues are coming higher than anticipated at the time of budget.
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Ten Month Period Ended April 30, 2024
Item #5E
City Council Meeting
June 18, 2024
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 83% Note
General Fund 1,543,340 1,842,841 2,117,980 (275,139) 87% Special Revenue Funds:
Capital Projects Fund 1,909,088 299,043 2,836,845 (2,537,802) 11% A Community Development 569,571 736,983 674,036 62,947 109% COPS 83,333 83,333 100,000 (16,667) 83%
Gas Tax Fund 17,274 17,237 21,500 (4,263) 80%
Valle Vista LLD 23,336 23,543 22,692 851 104%
Rancho Vista CFD 30,744 41,516 37,166 4,350 112%
Copperleaf CFD 16,268 20,777 16,645 4,132 125%
Development Impact Fee Funds
Public/Civic Facility 2,250 2,250 2,700 (450) 83%
Library 3,700 3,700 4,440 (740) 83%
Storm Drain 2,860 2,860 3,432 (572) 83%
Park In-Lieu 250 250 300 (50) 83%
Public Safety 710 710 852 (142) 83%
Traffic 360 360 432 (72) 83%
Enterprise Funds:
Water:
Operations 625,850 579,968 828,749 248,781 70%
Capital 13,475 77,698 (77,698)
Sewer
Operations 767,024 725,697 1,227,618 501,921 59%
Capital 474,657 5,651,839 18,497,240 12,845,401 31% A
TOTAL Funds 6,084,090 10,110,605 26,392,627 10,754,788 38% 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 Manager Status Report for 6.18.24
A three week report from the City Manager, who was out of town last week Working on Personnel Policies – including Violence in the Workplace Almost completely staffed up for the first time in several years Community Services Code Enforcement Officer Position pending Budget almost ready for the next fiscal year
Analysis of Sales Tax underway, as well as other revenue potential City Manager Status Report for 6.18.24
Fire Contract
City of Hollister is preparing a 270 Notice to terminate contract Contract ends in December 2025; changes it to March 2025 Re-up the analysis for Hollister cost recovery w/City and County Forming a District could take more than a year
Consider an interim solution sooner than later
Fire Advisory Committee
County is not yet clear about its strategy
City Manager Status Report for 6.18.24
Historic Preservation efforts
Two building going through changes to exterior without HRB review Issued two Stop Work Notices
Assign Planning contractor to work City Historian
Oversee approved plans before work begins
Initiate better public information about eligible properties Help Realtors with historic disclosures when selling
Make the 1981 and 2006 inventories available on line & searchable City Manager Status Report for 6.18.24
Zoning Code Changes
Food Trucks
Enforce current laws, and signs
Two good workshops held in May
Allow food trucks when other permanent shops are closed Allow food trucks in certain areas of the City defined by mapping Work with food truck owners to draft a map for Planning Commission Sign Ordinance
Reviewed for the Planning Commission
Noted several areas in need of updates
Address neon-like colored lights on 3rd Street (not signs) City Manager Status Report for 6.18.24
Affordable Housing and Housing Element
Revised Housing Element shared with Planning Commission Sent to the State for reconsideration
Need to establish an Affordable Housing Administration
Enforce existing deed restricted units
Execute Affordable Housing Agreement with Casa Rosa
Re-program Permanent Local Housing Funds (“PLHA”) for this purpose Requested State approval to retain contractual services 2020 Funds need to be reprogrammed before June 30, 2024 City Manager Status Report for 6.18.24
Urban Growth Boundary/Sphere of Influence Committee
Approved the three tier Planning Area map
Approved draft Memorandum of Understanding w/County
ATP Grant Application due in June
Survey completed regarding bike lanes
Planning to propose North-South Bike Lane through town
Intergovernmental Committee
No quorum
Received presentation regarding traffic calming
City Manager Status Report for 6.18.24
Water
Fund raising has been effective at the Federal Level
Waiting to receive new Basis for Design seeking USDA approval Wastewater
Request to State for extension approved until fall of 2025 Progress continues on Pipeline
Discussing reporting & Communication issues with State
City of San Juan Bautista
May 2024 Monthly Public Safety Update
Report Created by Public Safety Coordinator Roy Morales 06/01/2024 1
Roy Morales- Public Safety Coordinator
CONTENTS
Report Created by Public Safety Coordinator Roy Morales 06/01/2024
• 2-Towed vehicles-expired
registrations
• 2- Sexual assault cases reported
• 1- Financial fraud case
• Increased traffic enforcement
throughout the city
• 3-Fires
• 2 vehicle fires
• 1 rubbish
• 21-Medical emergencies
• 13-Vehicle accident
responses
• 4 within the city
• 21-Inspections
2 Code Enforcement
• Provided notice to taco truck
with flags
• 2-Animal Control cases
• Three code enforcement cases
• 1 food truck
• 1 construction with no
permit
• 1 commercial business
without permit
• 5- parking citations
Current Projects
• Code Enforcement Interview process
o 4 qualified candidates invited to in-person interviews • 4th of July Planning
o Social media public messaging
o Ordering signage to place at strategic areas within the city o Contracted additional security for the entire week (7/3-7/7) • Participating in Incident of Mass Violence Response Development Group
o Includes county law and fire agencies, and local hospital managers • Collaborating with RGS on Work Place Violence policy development, training and implementation
o June 2024- Implementation deadline
Report Created by Public Safety Coordinator Roy Morales 06/01/2024 3
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 14th day of June 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 14th day of June 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
Acting City Clerk / Administrative Services Manager
Item No. #7.B
City Council Meeting
June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: ADMINISTRATION
FROM: ROY MORALES, PUBLIC SAFETY COORDINATOR
BY: REGIONAL GOVERNMENT SERVICES
TITLE: APPROVE A RESOLUTION ADOPTING THE CITY OF SAN JUAN
BAUTISTA WORKPLACE VIOLENCE PREVENTION PLAN FOR
INCLUSION IN THE CITY’S PERSONNEL POLICIES
RECOMMENDED MOTION:
Approve the Resolution adopting the City of San Juan Bautista Workplace Violence Prevention Plan.
RECOMMENDATION:
It is recommended that the City Council approve a Resolution adopting the City of San Juan Bautista Workplace Violence Prevention Plan for inclusion in the City’s Personnel Policies.
EXECUTIVE SUMMARY:
On September 30, 2023, Governor Gavin Newson signed into law Senate Bill 553 (SB 553) which requires most California employers to implement a Workplace Violence Prevention Plan (WVPP).
SB 553 adds Section 6401.9 to the California Labor Code which, effective July 1, 2024, requires covered employers to adopt a comprehensive WVPP.
BACKGROUND:
SB 553 requires covered California employers to do the following:
• Create and implement a written Workplace Violence Prevention Plan • Train employees and supervisors on workplace violence matters • Create and maintain a workplace violence incident log • Keep records of WVPP employee training and workplace violence incidents City staff identified a model WVPP template created by California Intergovernmental Risk Authority (CIRA), of which the City is a member, and partnered with Regional Government Item No. #7.B
City Council Meeting
June 18, 2024
Page | 2
Services (RGS) to adapt the model template to the City’s needs. As part of the City’s WVPP development process, City staff obtained input from all City employees as required by SB 553.
Following adoption of the WVPP, initial training for all current employees will be completed prior to July 1, 2024.
FISCAL IMPACT:
The State of California did not provide funding for the requirements of SB 553. City staff does not anticipate any major additional expensesfrom the implementation of the WVPP, however there will be staff labor hours to provide training to all employees, conduct hazard assessments, and maintain required records.
ATTACHMENTS:
1. Resolution
2. City of San Juan Bautista Workplace Violence Prevention Plan Page | 1
RESOLUTION NO. 2024- __
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ADOPTING THE WORKPLACE VIOLENCE PREVENTION PLAN FOR INCLUSION IN THE CITY’S
PERSONNEL POLCIES
WHEREAS, Senate Bill (SB) 553 passed into law requires most California Employers to implement a Workplace Violence Prevention Plan, codified in Section 6401.9 of the California Labor Code, by July 1, 2024; and
WHEREAS, the City of San Juan Bautista Workplace Violence Prevention Plan has been drafted in compliance with SB 553 and is proposed for inclusion in the City of San Juan Bautista Personnel Policies adopted by Resolution 2018-26 on June 19, 2018.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. The recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. The City of San Juan Bautista Workplace Violence Prevention Plan, attached hereto and incorporated herein, is adopted for inclusion the City’s Personnel Policies.
3. This Resolution is effective immediately upon adoption.
PASSED AND APPROVED by the San Juan Bautista City Council on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________
Scott Freels, Mayor
Page | 2
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
Attachment: Workplace Violence Prevention Plan
ADOPTED JUNE 18, 2024
CITY OF SAN JUAN
BAUTISTA
WORKPLACE VIOLENCE
PREVENTION PROGRAM
S
Workplace Violence Prevention Program for
City of San Juan Bautista
WVPP Table of Contents
PURPOSE.............................................................................................................................................................................................................2 DEFINITIONS......................................................................................................................................................................................................2 RESPONSIBILITIES ............................................................................................................................................................................................3 EMPLOYEE ACTIVE INVOLVEMENT...........................................................................................................................................................4 COMPLIANCE.....................................................................................................................................................................................................4 COMMUNICATION...........................................................................................................................................................................................5 WORKPLACE VIOLENCE INCIDENT PROCEDURE & REPORTING...................................................................................................5 HAZARD IDENTIFICATION AND EVALUATION......................................................................................................................................6 INCIDENT INVESTIGATION............................................................................................................................................................................8 HAZARD CORRECTION ..................................................................................................................................................................................9 TRAINING AND INSTRUCTION..................................................................................................................................................................11 EMPLOYEE ACCESS to the WVPP............................................................................................................................................................12 RECORDKEEPING..........................................................................................................................................................................................12 PROGRAM REVIEW.......................................................................................................................................................................................13 PROGRAM HISTORY.....................................................................................................................................................................................13 EMPLOYEE ACKNOWLEDGMENT FORM..............................................................................................................................................14 ATTACHMENT A: Workplace Violence Incident Log........................................................................................................................15 ATTACHMENT B: Workplace Violence Prevention Incident Report Form...............................................................................20 ATTACHMENT C: Workplace Violence Prevention Program Progressive Behavior Action Guidelines......................23 ATTACHMENT D: Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist...........25 Workplace Violence Prevention Program for
City of San Juan Bautista
PURPOSE
The purpose of the Workplace Violence Prevention Program (WVPP) is to ensure that the City of San Juan Bautista provides its employees and members of the public with a place to conduct the business of this organization free of threats, threat of violence, intimidation, harassment, and acts of violence. It is the policy of the City of San Juan Bautista to take appropriate actions to protect, as fully as possible, all employees of the City and members of the public from acts of violence, threats, intimidation, and harassment that may occur during the performance of job duties. The City of San Juan Bautista will also take action, including involving state or local law enforcement and pursuing prosecution through judicial or other appropriate administrative remedies, when such incidents occur.
This program does not apply to employees who are teleworking from a location of their choice, which is not under the control of the City.
DEFINITIONS
• Emergency - Unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons.
• Engineering controls - An aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the employee and the hazard. • Log - The Violent Incident Log required by LC section 6401.9. • Plan - The workplace violence prevention plan required by LC section 6401.9. • Threat of violence - Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose. • Workplace violence - Any act of violence or threat of violence that occurs in a place of employment.
Workplace violence includes, but is not limited to, the following:
o The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
o An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury. o The following four workplace violence types:
▪ Type 1 violence - Workplace violence committed by a person who has no legitimate business at the worksite and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime.
▪ Type 2 violence - Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
▪ Type 3 violence - Workplace violence against an employee by a present or former employee, supervisor, or manager.
▪ Type 4 violence - Workplace violence committed in the workplace by a person who does not work there but has, or is known to have had, a personal relationship with an employee. o Workplace violence does not include lawful acts of self-defense or defense of others. • Work practice controls - Procedures and rules that are used to effectively reduce workplace violence hazards.
Workplace Violence Prevention Program for
City of San Juan Bautista
RESPONSIBILITIES
The City Manager is responsible for ensuring the implementation of an effective WVPP for their City personnel.
The City will not ignore, condone, or tolerate threats of violence or workplace violence by any employee, appointed or elected official, volunteer, contractor, client, or visitor. We recognize that the responsibility for this program is shared, and responsibility has been assigned as follows:
Responsible
Persons
Job
Title/Position
WVPP Responsibility(ies) Phone # Email
Don Reynolds City Manager Overall responsibility for the plan. Approves the final plan
and any major changes.
831-623-4661
ex. 14
CityManager@sanjuan-bautista.ca.us
Roy Morales Public Safety
Coordinator
Responsible for employee
involvement and training.
Organizes safety meetings,
updates training materials, and
handles any reports of
workplace violence.
831-623-4661
ex. 20
PublicSafetyCoordinat
or@san-juanbautista.ca.us
Roy Morales Public Safety
Coordinator
Responsible for emergency
response, hazard
identification, and
coordination with other
employers. Conducts safety
inspections, coordinates
emergency response
procedures, and
communicates with other
employers about the plan.
831-623-4661
ex. 20
PublicSafetyCoordinat
or@san-juanbautista.ca.us
In addition, all locations for the City are required to maintain a WVPP in addition to the Injury and Illness Prevention Program (IIPP) as required by Cal/OSHA Title 8 Section 3203 and §6401.9. A copy of this program is available at City Hall at the reception desk.
Manager/Supervisor—Managers and supervisors are responsible for ensuring compliance with the provisions of this WVPP. As managers/supervisors are representatives of the City they will ensure that many of the elements described in this plan are implemented as directed by leadership. Some of these responsibilities include:
• Implementing the program in their work areas;
• Providing input to the Administrator regarding the program; • Participating in investigations of workplace violence reports; and • Answering employee questions concerning this program.
Employee - Employees are expected to always act professionally, courteously, and responsibly.
Responsibilities include:
• Complying with the program;
• Maintaining a violence-free work environment;
• Attending all training;
• Following all directives, policies, and procedures; and • Reporting suspicious persons in the area and alerting the proper authorities when necessary.
Workplace Violence Prevention Program for
City of San Juan Bautista
EMPLOYEE ACTIVE INVOLVEMENT
The City has and will seek the active involvement of employees and authorized employee representatives in developing and implementing this plan through one or more of the following items:
• Participating in bi-monthly safety meetings with employees and their representatives to discuss the identification of workplace violence-related concerns/hazards, evaluate those hazards and/or concerns, and how to correct them. These meetings may involve brainstorming sessions, discussions of recent incidents, and reviews of safety procedures.
• Encouraging employees to participate in designing and implementing training programs and incorporating suggestions into training materials. For example, an employee might suggest a new training scenario based on a recent incident.
• Employees are surveyed for their input and concerns associated with workplace violence program.
Management will ensure that all workplace violence policies and procedures within this written plan are clearly communicated and understood by all employees. The plan will always be in effect, in all work areas, and be specific to the hazards and corrective measures for each work area and operation.
COMPLIANCE
The City is committed to ensuring that all safety and health policies and procedures involving workplace violence prevention are clearly communicated and understood by all employees. All employees are responsible for employing safe work practices, following all directives, policies, and procedures, and assisting in maintaining a safe, healthy, and secure work environment. The City’s system of ensuring that all employees, including supervisors and managers, comply with work practices that are designed to make the workplace more secure and do not engage in threats or physical actions that create a security hazard for others in the workplace include:
1. Training employees, supervisors, and managers as to the provisions of the City’s WVPP when hired and periodically thereafter through memos, email, staff meetings, and training.
2. Evaluating the performance of employees to ensure compliance with the WVPP.
3. Recognizing employees who demonstrate work practices that promote the WVPP in the workplace through recognition on the employee’s performance evaluation.
4. Providing training and Employee Assistance Program (EAP) services to employees whose compliance is deficient with the WVPP.
5. Disciplining employees for failure to comply with WVPP in accordance with the City’s disciplinary process, as found in the employee handbook.
6. Providing employees with access to this written WVPP.
7. Providing training to new employees during the onboarding process.
Additionally, employees will not be threatened with adverse action or retaliated against in any way if they refuse to report to or leave a workplace or worksite because they have a reasonable belief that it is unsafe.
Employees who state they are not coming to work because they don’t feel it’s safe will need to explain the threat in detail so the City can investigate and take corrective actions.
Employees will not be prevented from accessing their mobile or other communication devices to seek emergency assistance, assess the safety of a situation, or communicate with a person to verify their safety.
Workplace Violence Prevention Program for
City of San Juan Bautista
COMMUNICATION
The City recognizes that open, two-way communication between our management team, staff, and other employers about workplace violence issues is essential to a safe and productive workplace. The following communication system is designed to facilitate a continuous flow of workplace violence prevention information between management and staff in a form that is readily understandable by all employees and consists of one or more of the following:
• New employee onboarding that includes workplace violence prevention policies and procedures • Periodic yearly review of our WVPP with all employees • Training programs to address specific aspects of workplace violence prevention and security unique to the City’s location, such as: Workplace Violence Prevention training by the Public Safety Coordinator, including during onboarding, and distribution of the City Workplace Violence Prevention handout.
Employees can contact the Public Safety Coordinator for more information • Posting and distributing workplace violence prevention information • Reporting workplace violence/security hazards or threats of violence; employees should speak with their supervisors first; if that isn't possible, they should speak with the Public Safety Coordinator • Effective communication between employees, managers, and supervisors about security and violence concerns, including translation where appropriate
• Protecting employees who report incidents of workplace violence from retaliation by the person making the threats. The City will immediately take the appropriate action, such as removing the person making the threats from the work area until the situation is resolved. For serious threats or acts of violence, Security and/or local law enforcement will be called via 831-636-4080 or 911 for emergencies.
• A system for workers to anonymously inform management about workplace security and violence concerns. A box will be available outside of the City Council chambers. • Addressing security issues at workplace violence prevention and/or team meetings.
WORKPLACE VIOLENCE INCIDENT PROCEDURE & REPORTING
Responding to Actual or Potential Workplace Violence Emergencies In the event of an actual or potential workplace violence emergency, the City will alert employees of the presence, location, and nature of the workplace violence through a system of calling and/or texting.
When any employee becomes aware of an actual or potential workplace violence emergency, they should notify the Public Safety Coordinator or their supervisor.
Employees should implement the run, hide, and fight protocols where appropriate. Evacuation routes and sheltering locations will be communicated to affected staff. If employees are not able to evacuate or shelter in place, they are authorized to take all reasonable actions necessary to fight or subdue an active shooter or assailant. Employees will be trained by the Public Safety Coordinator on run, hide and flight protocols.
Employees can obtain help from staff assigned to respond to workplace violence emergencies or by calling the following number: Public Safety Coordinator 831-623-4661 ex. 20. If the Public Safety Coordinator is not available or no staff assigned to respond to workplace violence emergencies are located at the worksite, employees should call 911 to report the incident and request assistance from law enforcement.
Workplace Violence Prevention Program for
City of San Juan Bautista
Emergencies and Reporting a Crime
For immediate assistance in an emergency that is not associated with a service call, contact emergency services or law enforcement by calling 911. For immediate assistance in an emergency associated with a service call in progress, follow internal procedures for requesting immediate backup assistance by notifying local law enforcement. Employees should also notify their supervisor, manager, and the Public Safety Coordinator as soon as possible.
Reporting Workplace Violence Concerns
Employees who witness or experience threats of violence or workplace violence can report the incident to their supervisor or manager or directly to the Public Safety Coordinator. Employees may report anonymously and without fear of reprisal by submitting the incident in writing through interoffice mail.
Restraining Orders
Employees or other personnel affiliated with the City who have an active restraining order issued against another person that includes the workplace are encouraged to provide a copy of the restraining order to their supervisor and the Public Safety Coordinator. Supervisors who receive notification of a restraining order that includes the workplace will meet with the Public Safety Coordinator to decide what actions, if any, need to be initiated.
HAZARD IDENTIFICATION AND EVALUATION
The City will perform workplace hazard assessment for workplace security in the form of periodic inspections.
Periodic inspections to identify and evaluate workplace security hazards and threats of workplace violence are performed by the following observer(s) in the following areas of our workplace:
Observer Name: Area:
Public Safety Coordinator All workplaces / facilities
Fire Marshall All workplaces / facilities
The “Workplace Violence Prevention Environmental Hazard Assessment & Control Checklist” (Attachment D) can be used to assist with the security assessment. Inspections are performed according to the following schedule:
• Annually
• Upon initial establishment of a WVPP
• When new, previously unidentified security hazards are recognized • When occupational injuries or threats of injury occur Additionally, the City will review all submitted/reported concerns of potential hazards, which may trigger an inspection. These submittals/reports could originate from a variety of sources, including the system the City has implemented for employees and authorized employee representatives to anonymously inform management about workplace violence hazards of threats of violence without fear of reprisal/retaliation.
Examples of reporting sources are:
• Direct reports to supervisors, manager, or the Public Safety Coordinator • Voicemail/email/text messages
• Online form for reporting workplace violence hazards
Workplace Violence Prevention Program for
City of San Juan Bautista
Periodic inspections for security hazards consist of the identification and evaluation of workplace security hazards as well as changes in workplace practices, which may require an assessment for more than one type of workplace violence. The following table lists what hazards should be included when assessing different types of workplace violence.
Inspection Workplace Security Hazards Include Assessing:
Type I
(Workplace violence
committed by a person
who has no legitimate
business at the
worksite, and includes
violent acts by anyone
who enters the
workplace or
approaches)
• The exterior and interior of the workplace for its attractiveness to robbery or other criminal acts.
• The need for security surveillance measures, such as mirrors or cameras. • Procedures for employee response during a robbery or other criminal act.
• Procedures for reporting suspicious persons or activities. • Posting emergency telephone numbers for law enforcement, fire, and medical services, where employees have access to a telephone with an outside line.
• Building alarm systems and Crime Prevention through Environmental Design.
• Landscaping, lighting, ingress/egress, and building design Type II
(Workplace violence
directed at employees
by customers, clients,
patients, students,
inmates, or visitors.)
• Access to, and freedom of movement within, the workplace. • Adequacy of workplace security systems, such as door locks, security windows, and physical barriers.
• Frequency and severity of threatening or hostile situations that may lead to violent acts by persons who are service recipients of the City. • Employee’s skill in safely handling threatening or hostile service recipients.
• Effectiveness of systems and procedures to warn others of a security danger or to summon assistance, e.g., alarms or panic buttons. • Use of work practices such as "buddy" systems for specified emergency events.
• The availability of employee’s posted escape routes
Type III
(Workplace violence
against an employee
by a present or former
employee, supervisor,
or manager.)
• How effectively the City’s workplace violence prevention policy has been communicated to employees, supervisors, or managers. • How effectively City management and employees communicate with each other.
• Employees’, supervisors’, and managers' knowledge of the warning signs of potential workplace violence.
• Access to, and freedom of movement within, the workplace by nonemployees, including former employees or persons with whom an employee is having a dispute.
• Frequency and severity of worker reports of incidents of physical or verbal abuse by managers, supervisors, or other employees. • Any prior violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace. • Employee progressive disciplinary procedures.
Type IV
(Workplace violence
committed in the
• How effectively the City's workplace violence prevention policy has been communicated to employees, supervisors, or managers.
• How effectively City management and employees communicate with each other.
Workplace Violence Prevention Program for
City of San Juan Bautista
workplace by a person
who does not work
there but has or is
known to have had a
personal relationship
with an employee.)
• Employees', supervisors’, and managers' knowledge of the warning signs of potential workplace violence.
• Access to, and freedom of movement within, the workplace by nonemployees, including former employees or persons with whom an employee is having a dispute.
• Frequency and severity of worker reports of incidents of physical or verbal abuse by managers, supervisors, or other employees. • Any prior violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace.
INCIDENT INVESTIGATION
The City has established the following policy for investigating incidents of workplace violence. The City’s procedures for investigating incidents of workplace violence, which include threats and acts of violence, consist of:
• Visiting the scene of an incident as soon as possible. • Interviewing involved employees and witnesses.
• Reviewing security footage of existing security cameras, if applicable. • Examining the workplace for security risk factors associated with the incident, including any previous reports of inappropriate behavior by the perpetrator.
• Determining instigating or causative factors of the incident. • Taking corrective action to prevent similar incidents from occurring. • Reviewing all previous incidents.
• Recording the findings and ensuring corrective actions are taken. • Obtaining any reports completed by law enforcement.
• Advise City Attorney of outcome of report from law enforcement.
The “Workplace Violence Incident Log” (Attachment A) will be used for every workplace violence incident.
Staff who are responsible for completing this log will take every effort to ensure that no personal identifying information is recorded or documented in the written investigation report. This includes information that would reveal identification of any person(s) involved in a violent incident, such as names, addresses, email addresses, telephone numbers, social security numbers, or other information that, alone or in combination with other publicly available information, would reveal a person’s identity. The log will be used to capture:
• The date, time, and location of the incident.
• The workplace violence type or types involved in the incident. • A detailed description of the incident.
• A description of each individual who committed the act(s) of violence, including whether the perpetrator was a City resident, family or friend of a City resident, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other. • A description of circumstances at the time of the incident, including, but not limited to, whether the victim was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.
• A description of where the incident occurred, such as in the workplace, parking lot, or other area outside the workplace.
• A classification of the type of incident, including, but not limited to, whether it involved any of the following:
o Physical attack without a weapon such as biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, spitting, or other attack.
Workplace Violence Prevention Program for
City of San Juan Bautista
o Attack with a weapon or object such as a firearm, knife, or other object. o Threat of physical force or threat of the use of a weapon or other object. o Sexual assault or threat, including rape, attempted rape, physical display, or any other unwanted verbal or physical sexual contact.
o Animal attack.
• A description of the consequences of the incident, including, but not limited to:
o Whether security or law enforcement was contacted and a description of their response. o Actions taken to protect employees from a continuing threat or from any other hazards identified because of the incident.
o Information about the person completing the log, including their name, job title, and the date completed.
HAZARD CORRECTION
Work practice controls will be used to correct unsafe work conditions, practices, or procedures that threaten the security of employees.
Work practice controls are defined as procedures, rules, and staffing that are used to effectively reduce workplace violence hazards. Work practice controls may include, but are not limited to:
• Appropriate staffing levels;
• Provision of dedicated safety personnel;
• Employee training on workplace violence prevention methods; and • Employee training on procedures to follow in the event of a workplace violence incident.
Corrective actions will be implemented in a timely manner based on the severity of the hazard, documented, and dated.
If an imminent hazard exists that cannot be immediately abated without endangering worker(s) and/or property, all exposed workers will be removed from the situation except those necessary to correct the existing condition. Workers who are necessary to correct the hazardous conditions will be provided with the necessary protection.
The following tables provide sample corrective actions that can be implemented.
Type Corrective Measure
Type I
(Workplace
violence
committed by a
person who has
no legitimate
business at the
worksite, and
includes violent
acts by anyone
who enters the
workplace or
approaches)
• Make the workplace unattractive to robbers and other criminal acts. • Improve lighting around and at the workplace.
• Provide emergency buttons to workers and install emergency alarms at the workplace.
• Surveillance measures such as cameras or mirrors to monitor the exterior and interior workplace.
• Follow reporting procedures for notifying designated employees of suspicious persons or activities.
• Post emergency telephone numbers for law enforcement, fire, and medical services where employees have access to a telephone with an outside line. • Provide training on emergency action procedures for employees, supervisors, and managers.
• Use alarm systems and access control systems.
• Apply Crime Prevention through Environmental Design practices.
Type II • Control access to the workplace and freedom of movement within it, consistent with City necessity.
Workplace Violence Prevention Program for
City of San Juan Bautista
(Workplace
violence
directed at
employees by
customers,
clients,
patients,
students,
inmates, or
visitors.)
• Ensure adequate workplace security/access control systems, such as door locks, security windows, and physical barriers.
• Provide worker training in recognizing and handling threatening or hostile situations that may lead to violent acts by persons who are service recipients of our establishment.
• Place effective systems to warn others of a security danger or to summon assistance, e.g., alarms or panic buttons.
• Provide procedures for a "buddy" system for specified emergency events. • Ensure adequate emergency escape routes.
Type III &
Type IV
(Type III -
Workplace
violence
against an
employee by a
present or
former
employee,
supervisor, or
manager.)
(Type VI -
Workplace
violence
committed in
the workplace
by a person
who does not
work there but
has or is known
to have had a
personal
relationship
with an
employee.)
• Communicate effectively the City's workplace violence prevention policy to all employees, supervisors, and managers.
• Improve the effectiveness with which City management and employees communicate with each other.
• Increase employees, supervisors', and managers' awareness of the warning signs of potential workplace violence.
• Control access to and freedom of movement within the workplace by nonemployees, including recently discharged employees or persons with whom one of our employees is having a dispute.
• Provide counseling to employees, supervisors, or managers who exhibit behavior that represents strain or pressure, which may lead to physical or verbal abuse of co-workers.
• Ensure all reports of violent acts, threats of physical violence, verbal abuse, property damage, or other signs of strain or pressure in the workplace are handled effectively by management and that the person making the report is not subject to retaliation by the aggressor.
• Ensure worker disciplinary and discharge procedures address the potential for workplace violence.
• Apply crime prevention measures through environmental design and administrative measures, including, but not limited to:
o Well-lighted areas
o Security/controlled access to work area
o Utilization of code words (recognized by co-workers) to indicate help is needed
o Well-lighted parking lots and area surrounding the building o Buddy system for walking to car or locations away from the building o Security cameras
o Plexiglass barrier for receptionist in City Hall
o Mounted area mirrors
o Panic buttons
o Locks on restroom doors
o Removal of sharp objects from view that could be used as a weapon (offices with public access)
o Caller ID on phones
o Field staff check in (cell phones)
o Cash locked in vault or secure safe
Critical Post-Incident Follow Up
Workplace Violence Prevention Program for
City of San Juan Bautista
It is important to follow up after an incident has occurred and corrective actions are implemented. This includes checking the status of affected employees and reviewing the effectiveness of both current and recently selected corrective actions.
Short-term:
• Contact each affected employee – whether the employee is on or off duty – to inquire regarding their status and need for mental health intervention, as well as to assess the need for work accommodation or work site adjustment, within two days of the incident. Additional follow-ups should be conducted one week following the incident, and a follow-up two weeks following the incident will be made at the discretion of the City Clerk and immediate supervisor. • In partnership with mental health professionals, provide critical incident debriefing to affected and potentially affected employees within two days of the incident. • Offer an opportunity for subsequent critical incident debriefings for affected employees within two weeks of the incident.
• Assign a liaison to provide emotional support to victims' families and to assist in City related matters.
Long-term:
• Ensure the recovery of the most affected personnel is monitored. • Provide training or assistance for Managers and Supervisors for supporting employees’ return-to-work experiences, including being sensitive to employees' grief reactions around anniversaries of the event, holidays, and criminal justice/civil proceedings.
• Consider the need for follow-up debriefing.
• Consult with appropriate mental health professionals to provide support to employees who continue to experience severe or persistent difficulties two weeks following the incident. • Establish a liaison to assist victims and their families in the City resources and benefits to which they are entitled.
• Assess the department's response to the incident. Discuss any modifications to the procedures with appropriate City staff and incorporate beneficial changes into the program.
TRAINING AND INSTRUCTION
All employees, including managers and supervisors, will be provided training and instruction on general and job-specific workplace violence practices. These sessions may include presentations, discussions, and practical exercises. Training and instruction will be provided as follows:
• Upon the establishment of a WVPP
• During the onboarding period for new employees
• Annually to all employees to ensure understanding of and compliance with the plan • Whenever a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the plan (training may be targeted in scope to specifically address the new workplace violence hazard or changes to the plan)
The City will provide its employees with training and instruction on the definitions listed in this plan, in addition to the training topics listed below:
• Specific WVPP and crime-prevention training for the City’s WVPP Administrator to develop and maintain the policies and procedures
• Explanation of the WVPP, including measures for reporting any violent acts or threats of violence • Key definitions associated with this program
• Instructions for reporting violent incidents or concerns to the organization and/or law enforcement without fear of reprisal
Workplace Violence Prevention Program for
City of San Juan Bautista
• Recognition of workplace security hazards unique to employee’s jobs and the corrective measures the organization has implemented
• The completion of the Workplace Violence Incident Log (Attachment A) and instructions for obtaining copies of the log
• Training for identifying risk factors associated with the four types of workplace violence • Measures to prevent workplace violence, including procedures for reporting workplace security hazards or threats to managers and supervisors
• Strategies for defusing hostile or threatening situations • Training for recognizing alerts, alarms, or other warnings about emergency conditions and identifying escape routes/locations for sheltering
• Measures to summon others for assistance
• Routes of escape
• Disclosure of emergency medical care to be provided in the event of a violent act towards an employee
• Post-event trauma counseling for employees desiring such assistance • Run, hide, and flight protocols
EMPLOYEE ACCESS to the WVPP
The City ensures the WVPP plan will be formalized in writing and be made easily available and accessible to employees and authorized employee representatives. This includes the following:
• Whenever an employee or designated representative requests a copy of the written WVPP, the City will provide the requester with a printed copy of the WVPP, unless the employee or designated representative agrees to receive an electronic copy.
• The City will provide unobstructed access through a City server or website, which allows employees to review, print, and email the current version of the written WVPP. Unobstructed access means the employee, as part of their regular work duties, predictably and routinely uses electronic means to communicate with management or co-employees.
RECORDKEEPING
An effective recordkeeping system helps in selecting the appropriate level of controls to prevent the recurrence of violent incidents and in determining appropriate training. Records should be kept up-to-date and will be maintained in accordance with the following retention schedule:
1. Records of workplace violence hazard identification, evaluation, and correction will be created and maintained for a minimum of five years.
2. Training records will be created and maintained for a minimum of one year and include: training dates; contents and/or a summary of the training sessions; names and qualifications of persons conducting the training; and names and job titles of all persons attending each training session.
3. Violent incident logs required by subdivision (d) of California Labor Code (LC) 6401.7 and LC 6401.9 must be maintained for a minimum of five years.
4. Records of workplace violence incident investigations conducted pursuant to subparagraph (K) of paragraph (2) of subdivision (c) must be maintained for a minimum of five years. These records will not contain “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code.
5. All records required by this subdivision are to be made available to the Division of Occupational Safety and Health upon request for examination and copying.
Workplace Violence Prevention Program for
City of San Juan Bautista
All records required by paragraphs (1) to (3), inclusive, will be made available to employees and their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request.
PROGRAM REVIEW
The City’s WVPP will be reviewed for effectiveness:
• At least annually.
• When a deficiency is observed or becomes apparent.
• After a workplace violence incident.
• As needed.
To obtain the active involvement of employees and authorized employee representatives in reviewing the plan’s effectiveness, review, and revision of the WVPP will include the procedures listed in the “EMPLOYEE ACTIVE INVOLVEMENT” section of this WVPP. Additionally, the following actions will take place during each review:
• Review of incident investigations and the Violent Incident Log • Assessment of the effectiveness of security systems, including alarms and emergency response • Review of established risk mitigation policies/procedures to ensure violent risks are being properly identified, evaluated, and corrected, with any necessary revisions implemented promptly and communicated to all employees
• Debrief City Attorney and Sheriff
PROGRAM HISTORY
Action Date Notes
Implemented MM/DD/YYYY WVPP was reviewed and adopted
Reviewed
Workplace Violence Prevention Program for
City of San Juan Bautista
EMPLOYEE ACKNOWLEDGMENT FORM
I, (print name), acknowledge that I have received, read, and understand the City of San Juan Bautista Workplace Violence Prevention Program. I agree to conform to all the City directives, policies, and procedures described in this program. I understand that my failure to follow these can result in disciplinary action as outlined in the employee handbook. I further understand that:
• It is my responsibility to comply with this program and aid in maintaining a violence-free work environment through attending required training and;
• I am encouraged to report suspicious persons in the area to my immediate supervisor and alerting the proper authorities when necessary.
__________________________________________________________________ _______________________________________ (Signature of Employee) (Date)
__________________________________________________________________ _______________________________________ (Signature of Supervisor) (Date)
Workplace Violence Prevention Program for
City of San Juan Bautista
ATTACHMENT A:
Workplace Violence Incident Log
Workplace Violence Prevention Program for
City of San Juan Bautista
Workplace Violence Prevention Program for
City of San Juan Bautista
# Log Entry Date First Name Last Name Job Title Phone Number Email Incident Date Incident Time Department the Incident Occurred at
Incident Location Incident Description - *keep PII confidential (ie, name, address, email, phone number, social security number)
Classification of Person
Who Committed the Act
(Employee, Contractor,
Customer, etc.)
Description of Circumstances
at the Time of the Incident
Violence Type -
Classification
Violence Type - Detail Medical
Provided
Agencies
Contacted
Description of the Consequences of the Incident - list short-term and longterm work practice controls implemented.
Establishment Name and Address:
Information on Person Recording Log Entry
Workplace Violence Log
INCIDENT DETAILS
Workplace Violence Prevention Program for
City of San Juan Bautista
Workplace Violence Prevention Program for
City of San Juan Bautista
Workplace Violence Prevention Program for
City of San Juan Bautista
ATTACHMENT B:
Workplace Violence Prevention Incident Report Form
Part I through Part VI should be completed by the designated person based on information provided by the employee(s) involved in the incident. If any of this information includes private/sensitive data, please maintain confidentiality of affected parties/employees and handle information according to Human Resource protocols.
PART I - NATURE OF INCIDENT - (check all that apply)
Behavioral Observation Physical with Injury Written Electronic Physical without Injury Other: _______________________________ Harassment Threat _______________________________________ Information Only Verbal _______________________________________ Date of incident: ______________________________________________ Approximate Time: ________________________ AM PM PART II – INCIDENT DIRECTED AT
Person(s): ___________________________________________________________________________________________________________________________________ Building: _____________________________________________________________________________________________________________________________________ Address: _____________________________________________________________________________________________________________________________________ PART III – INCIDENT INITIATED BY
Person(s): ___________________________________________________________________________________________________________________________________ Male Female Other Classification: ___________________________________________ PART IV – TYPE / LOCATION INCIDENT OCCURRED
1. Type of Contact: In-person Telephone Mail Observation Recording Electronic Mail Fax Other:
____________________________________________________________________________________________________________________________________________
2. Was the employee alone? Yes No
3. Location of Incident: Workplace Employee Residence Other: __________________________________________ Address/Location ___________________________________________________________________________________________________________________
4. What Type of Incident was it?
Type I - workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches workers with the intent to commit a crime.
Type II - workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
Type III - workplace violence against an employee by a present or former employee, supervisor, or manager.
Type IV - workplace violence committed in the workplace by a person who does not work there but has or is known to have had a personal relationship with an employee.
5. Were any threats made before the incident occurred? Yes No If yes, describe threat(s): _________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________ ___________________________________________________________________________________________________________________________________________ Workplace Violence Prevention Program for
City of San Juan Bautista
PART IV – TYPE / LOCATION INCIDENT OCCURRED (Cont.)
6. Did the employee(s) ever report to the department that they were threatened, harassed, or suspicious that the attacker may become violent? Yes No
7. Was the perpetrator a stranger, client/patient, co-worker, or otherwise familiar person? Yes No
8. Was a weapon used? Yes No
If yes, what type of weapon? ___________________________________________________________________________
9. Were there injuries? Yes No
If yes, who was injured?
Name: _______________________________________________________________________ Phone: _______________________________________________ Injury Description: __________________________________________________________________________________________________________________ Name: _______________________________________________________________________ Phone: _______________________________________________ Injury Description: __________________________________________________________________________________________________________________ Name: _______________________________________________________________________ Phone: _______________________________________________ Injury Description: __________________________________________________________________________________________________________________
10. Were there witnesses(s) to the incident? Yes No If yes, who?
Name: _______________________________________________________________________ Phone: _______________________________________________ Address: _______________________________________________________________________________________________________________________________ Name: _______________________________________________________________________ Phone: _______________________________________________ Address: _______________________________________________________________________________________________________________________________
11. Description of observation, threat, incident, or activity (Continue on a separate sheet if necessary) _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________________________________
PART V - ACTION TAKEN-REPORTING
Workplace Violence Prevention Program for
City of San Juan Bautista
1. What actions did the supervisor or manager take?
____________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________
2. Law enforcement or other outside agencies contacted? Yes No Agency Name: _______________________________________________________________________________________________________________________ Case Number (if applicable): ____________________________________________________________________________________________________
3. Were Employee Assistance Program (EAP) services provided? If yes, describe: ______________________________________________________________________________________________________________________ PART VI – POST-INCIDENT ASSESSMENT
1. Were there any other physical injuries or psychological incidents related to this incident not previously reported? Yes No
If yes, describe: ______________________________________________________________________________________________________________________
2. If a prior report to the department was made that they were threatened, harassed, or suspicious that the attacker may become violent, what actions, if any, were taken? ____________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________
3. Did the worker ever receive training in workplace violence issues? Yes No If yes, describe: ______________________________________________________________________________________________________________________
4. What were the main factors that contributed to the incident? ____________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________
5. Was critical incident stress debriefing and post-trauma counseling services provided? Yes No
If yes, describe: ______________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________
6. What can be done to prevent future ?
____________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________ Workplace Violence Prevention Program for
City of San Juan Bautista
ATTACHMENT C:
Workplace Violence Prevention Program
Progressive Behavior Action Guidelines
Behavior
Level Behaviors Manager/Supervisor's Guidelines for Action Level I The employee may:
Show signs of increasing stress, perhaps involving
negative changes in behavior
Observe, ask if the employee how they are doing, and
document
Show signs of a deterioration in work performance Engage employee in conversation to gain insight into behavior, document
Showsigns of increasingly unkempt appearance Carefully offer help Show signs of alcohol or substance abuse
Report concerns, if continuing, to next higherlevel supervisor, seek consultation from your HR Team and EAP consulting services for
managers/supervisors.
Show signs of distress over personal or workplace
problems
"act strange" or "unusual" by appearing
confrontational, argumentative, stressed, anxious,
withdrawn or secretive
Behavior is such to cause concern for person's own
well-being or possibly others
Level II The employee may:
Make veiled threats to harm Report concerns to next higher-level supervisor before any effort to engage person
Intimidate others Engage person in conversation, if appropriate, to gain insight into potential for violent behavior and
document.
Have a history of violent behavior and lose temper
easily Consult with next higher level of administration as Be chronically disgruntled, inflexible follow-up
Refuse to take responsibility for problems or actions
Seek consultation from your Personnel Office
Find faultwith and blame others
Have a deep sense of entitlement
Have an obsession with weapons and empathy with
thosewho resort to violence
Behavior
Level Behaviors Manager/Supervisor's Guidelines for Action Workplace Violence Prevention Program for
City of San Juan Bautista
Level III The employee may:
Make blatant threats to harm others and/or destroy
property
Warn thosewho may be in immediate danger
Carry a weapon on campus Immediately report behavior to next higher-level authority and press for quick intervention
Engage in aggressive behavior such as verbal abuse,
physical "in your face" posturing
If employee is present and seriously acting- out, call 9- 1-1 and ask for assistance
Level IV The employee:
Is violent toward others or property Displays overt
acts of violence or out-of- control behavior
Call 9-1-1 for immediate assistance.
Attempt to get others out of harms' way.
May or may not use a weapon or cause death Inform next higher-level authority.
Workplace Violence Prevention Program for
City of San Juan Bautista
ATTACHMENT D:
Workplace Violence Prevention
Environmental Hazard Assessment & Control Checklist
This checklist can help evaluate the workplace and job tasks to see what situations may place employees at risk of assault. It is not confined to a single industry or occupation but can be used for any workplace.
Adapt the checklist to fit your own needs. It is very comprehensive, and not every question will apply to your workplace. Write “N/A” in the NOTES column. Add any other questions you think are important.
RISK FACTORS FOR WORKPLACE VIOLENCE
Cal/OSHA and NIOSH have identified the following risk factors that may contribute to violence in the workplace. If you have one or more of these risk factors in your workplace, there may be a potential for violence.
Question Yes No Notes
Do employees have contact with the public?
Do they exchange money with the public?
Do they interact with visitors (such as a front
desk receptionist, checkout clerk, service desk,
etc.)
Do they work alone?
Do they work late at night or during early
morning hours?
Is the workplace often understaffed?
Is the workplace located in an area with a high
crime rate?
Do employees enter areas with a high crime
rate?
Do they ever perform duties that could upset
people (deny benefits, turn off utilities, collect
debts, confiscate property, etc.)?
Do they deal with people known or suspected to
have a history of violence, special needs, mental
illness?
Do any employees or supervisors, or
clients/customers have a history of assault,
verbal abuse, harassment, or other threatening
behavior?
Are employees told and trained on who is
responsible for security?
Other Risk Factors (Describe):
INSPECTING WORK AREA
Workplace Violence Prevention Program for
City of San Juan Bautista
You or your workplace violence/crime prevention committee should now begin a “walk around” inspection to identify potential security hazards. This inspection can tell you which hazards are already well controlled, and what control measures need to be added. Not all the following questions can be answered through simple observation.
You may also need to talk to employees or investigate in other ways.
General Actions
Question All
Areas
Some
Areas
Few
Areas
No
Areas Note/Follow-up Action
Are nametags, ID cards required for
employees (omitting personal
information such as home address)?
Are employees notified of past violent
acts in the workplace?
Are there trained security personnel,
accessible to employees in a timely
manner?
Is there established liaison with the
local police department?
Are bullet-resistant windows or similar
barriers used when money is
exchanged with the public?
Are areas where money is exchanged
visible to others who could help in an
emergency? (For example, you can see
cash register areas from outside)?
Other Observations:
INSPECTING EXTERIOR BUILDING AREAS
Question Yes No Notes
Do employees feel safe walking to and from the
workplace?
Are the entrances to the building clearly visible
from the street?
Is the area surrounding the building free of
bushes or other hiding places?
Is security personnel provided outside the
building?
Is video surveillance provided outside the
building?
Is there enough lighting to see clearly outside
the building?
Are all exterior walkways visible to security
personnel?
Other Observations:
INSPECTING PARKING AREAS
Question Yes No Notes
Workplace Violence Prevention Program for
City of San Juan Bautista
Is there a nearby parking lot reserved for
employees only?
Is the parking lot attended or otherwise secured?
Is the parking lot free of blind spots and is
landscaping trimmed back to prevent hiding
places?
Is there enough lighting to see clearly in the
parking lot and when walking to the building?
Are security escorts or “buddy system” available
to employees walking to and from the parking
lot?
Other Observations:
SECURITY MEASURES
Question In
Place
Should
Add N/A Notes
Physical barriers (plexiglass partitions,
bullet resistant customer windows, etc.)?
Security cameras or closed-circuit TV in
high-risk areas?
Panic buttons?
Alarm systems?
Door locks?
Internal telephone system to activate
emergency assistance?
Telephones with an outside line
programmed for 911?
Two-way radios, pagers, or cellular
telephones?
Security mirrors (e.g. convex mirrors)?
Secured entry (e.g. “buzzers”)?
Personal alarm devices?
“Drop safes” to limit amount of cash on
hand?
Broken windows repaired promptly?
Security systems, locks, etc. tested on a
regular basis and repaired promptly
when necessary?
Other Observations:
Checklist Completed by: _______________________________________________________________ Date: __________________________ Item No. #7.C
City Council Meeting
June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: ENGINEERING
FROM: DOUG PIKE, CITY ENGINEER
BY: DOUG PIKE, CITY ENGINEER
TITLE: A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25
FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY
ACT OF 2017
RECOMMENDED MOTION:
That the City Council approve the attached Resolution, subject to final review, revision, and approval by the City Manager and the City Engineer a Resolution “Adopting the Fiscal Year 2024/25 List of Projects Funded by SB1: The Road Repair and Accountability Act.”.
RECOMMENDATION:
That the City Council consider approval of Resolution “Adopting the Fiscal Year 2023/24 List of Projects Funded by SB1: The Road Repair and Accountability Act.”.
EXECUTIVE SUMMARY:
BACKGROUND:
In April 2017, the Governor signed Senate Bill 1 (SB1), also known as the Road Repair and Accountability Act (RRAA) of 2017. Beginning November 1, 2017, the State Controller began to deposit funds generated from increased fuel taxes and vehicle registration fees, into the newly created Road Maintenance and Rehabilitation Account (RMRA). The four sources of revenues for the RMRA are:
• A 12-cent per gallon gasoline excise tax, effective November 1, 2017 • A 20-cent per gallon diesel excise tax increase, effective November 1, 2017 • Vehicle registration surcharge, effective January 1, 2018 • A $100 per year zero-emission vehicle registration surcharge, effective January 1, 2020 Annual rate increases to these taxes began July 1, 2020 (July 1, 2021 for the ZEV fee), and every Item No. #7.C
City Council Meeting
June 18, 2024
Page | 2
July 1 thereafter for the change in the California Consumer Price Index. The first adjustment was made on July 1, 2020 to cover CPI change for two years: November 1, 2017 through November 12, 2019. Subsequent adjustments for CPI changes occur annually.
A portion of the RMRA funds is distributed annually to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on local streets and road systems. The distribution will be made using the same formula that applies to the existing base 18-cent per gallon gasoline excise tax. The City’s estimated projected revenues of RMRA funding for FY 2024/25 is $ 53,334.
SB1 emphasizes the importance of accountability and transparency in the delivery of California’s transportation programs. As outlined in the RRAA Reporting Guidelines, recipients of the RMRA funding are held accountable through performance goals that are tracked and reported.
In order to be considered for funding in Fiscal Year 2024/25 agencies must provide a proposed list of projects to the California Transportation Committee by July 1, 2024. This will enable the RMRA funds to be included in the City’s annual road maintenance budget.
In FY 2023-24 The City set aside the $51,739 RMRA funds to accumulate to fund the next pavement rehabilitation project anticipated in 2-3 years. In FY 2022-23 The City utilized the RMRA funds on the Fourth St., Fifth St., Sixth St., Seventh St., and Church Street (between Second St. and Cemetery Entrance), in addition to the FY 2021/2022 passed and adopted street rehabilitation project, which includes Franklin St., North St., Second St., Monterey St., Church St., The Alameda and Polk Street.
DISCUSSION:
The City’s estimated projected revenues of RMRA funding for FY 2024/25 is $ 53,334. Similar to last year, the City proposes to accumulate these funds for the next pavement rehabilitation project anticipated in approximately 2 years.
Proposed Project No. 1:
1. Project Title: Pavement Repair, Pedestrian Improvements
2. Description and Location: Funding for the pre-construction element (activity) of Design and for construction of pavement repair in various neighborhoods, and pedestrian safety improvements on t arterials and collectors, and shall include sidewalk improvements, pavement rehabilitation, addition of high visibility crosswalks, pavement and sidewalk repairs, pedestrian and bicycle signage, legends and other improvements from focused safety reviews and/or studies. Locations will be determined upon design phase as funds are accumulating to determine exact locations. Locations will be considered citywide and will be determined upon design.
3. Schedule: The design of these proposed improvements began January 2024 and will continue until advertised for construction. The project end date is expected to be June, 2026.
4. Useful Life: It is expected that Concrete components will have a 50-yr. life, Asphalt pavement components will have a 20-year life, Signage components will have a 20-year life, and striping components will have a 5-year life.
Item No. #7.C
City Council Meeting
June 18, 2024
Page | 3
FISCAL IMPACT:
There is no anticipated fiscal impact as the $53,334 in allocated funds will be reserved for the next pavement rehabilitation project anticipated in approximately 2 years ATTACHMENTS:
1. Local Streets and Roads – Projected Revenues Spreadsheet from the State.
2. Resolution and Agreement
Item No. #7.C
City Council Meeting
June 18, 2024
Page | 4
Page | 1
RESOLUTION NO. 2024-_____
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024-25 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $53,334 in RMRA funding in Fiscal Year 2024-25 from SB 1; and
WHEREAS, this is the eighth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input, including through publicly noticed and posted meetings, to ensure public input into our community’s transportation priorities and the project list; and WHEREAS, the City uses a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate a number of streets over the program lifetime, including those in the current list of projects for FY 2024-25, and add active transportation infrastructure in the City this year and anticipates many similar projects into the future; and
WHEREAS, the City’s Pavement Management Program and Sidewalk Assessment Program found that the City’s streets and roads are in in “moderate” condition and this Page | 2
revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of San Juan Bautista, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of proposed projects will be funded in-part or solely with fiscal year 2024-25 Road Maintenance and Rehabilitation Account revenues:
Project No. 1:
1. Project Title: Pavement Repair, Pedestrian Improvements
2. Description and Location: Funding for the pre-construction element (activity) of Design and for construction of pavement repair in various neighborhoods, and pedestrian safety improvements on t arterials and collectors, and shall include sidewalk improvements, pavement rehabilitation, addition of high visibility crosswalks, pavement and sidewalk repairs, pedestrian and bicycle signage, legends and other improvements from focused safety reviews and/or studies. Locations will be determined upon design phase as funds are accumulating to determine exact locations. Locations will be considered citywide and will be determined upon design.
3. Estimated Project Schedule: The design of these proposed improvements began January 2024 and will continue until advertised for construction. The project end date is expected to be June, 2026.
4. Estimated Project Useful Life: It is expected that Concrete components will have a 50-yr. life, Asphalt pavement components will have a 20-year life, Signage components will have a 20-year life, and striping components will have a 5-year life.
PASSED AND APPROVED by the San Juan Bautista City Council on this 8th day of June, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Page | 3
APPROVED:
_________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Item No. # 8.D
City Council Meeting
June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: ENGINEERING
FROM: DOUG PIKE, CITY ENGINEER
BY: DOUG PIKE, CITY ENGINEER
TITLE: MASTER AGREEMENT ADMINISTERING AGENCY-STATE
AGREEMENT FOR STATE-FUNDED PROJECTS
RECOMMENDED MOTION:
That the City Council approve the attached Resolution and agreement, subject to final review, revision, and approval by the City Manager and the City Attorney and authorize the City Manager to execute the Agreement with the State of California through its Department of Transportation (Caltrans) to administer a state funded road rehabilitation project.
EXECUTIVE SUMMARY:
The State (Caltrans) informed the City in April of approximately $67,670.00 available from the CRRSAA Non-STIP State Funds and COVID Relief STIP RIP Funds. Timing is essential to receive these funds and the attached resolution and agreement must be executed before the end of the current FY.
BACKGROUND:
The City of San Juan Bautista is programmed to receive funding from the State Transportation Improvement Program (STIP) and COVID Relief Funding (Non-STIP).
The Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 apportioned $911.8 million to California (COVID Relief Funds). The funds may be used for a variety of surface transportation purposes listed in Section 113(b) of Title 23 of the U.S. Code and are meant to “prevent, prepare for, and respond to coronavirus.” The Act permits states to compensate for revenue deficits and enables COVID Relief Funds to finance both “new and existing projects, and for preventive and routine maintenance; operations; personnel; salaries; contracts; debt service payments; and availability payments; as well as transfers to public tolling agencies.”
The California Transportation Commission (CTC) adopted the Federal Coronavirus Response Item No. # 8.D
City Council Meeting
June 18, 2024
Page | 2
and Relief Supplemental Appropriations Act of 2021 – CRRSAA Program Guidelines for STBG projects and the 2021 Mid-Cycle State Transportation Improvement Program (STIP) Guidelines for RIP projects. The CRRSAA Non-STIP and the 2021 Mid-Cycle STIP (COVID Relief – STIP) each made approximately $182.4 mission in funding available for eligible projects. The CRRSAA Non-STIP Program is funded from the Non-STIP regional distribution of the COVID Relief Funds. The COVID Relief – STIP RIP is funded from the STIP regional distribution of the COVID Relief Funds.
The project implementation process will follow STIP Guidelines adopted by the CTC and Chapter 25 of the Local Assistance Program Guidelines (LAPG).
The funding will be used to construct ADA curb ramps to enhance the sidewalk at 4 locations surrounding Abbe Park:
• SW corner at Muckelemi St/5th St
• N corner at Polk St/5th St
• E corner at Polk St/5th St
• S corner at Polk St/5th St
DISCUSSION:
On April 26, 2024, the City submitted its application to Caltrans LAPG to fund the construction of 4 ADA-compliant curb ramps. On May 13, 2024, the City received the Allocation Notification Letter (ANL) for the CRRSAA Non-STIP State Funds (26,670.00). In June, during the CTC Meeting, the City anticipates it will receive the COVID Relief STIP RIP funding of $41,000.00.
The City prepared the bid documents. It is estimated the project will cost $58,840.00 for construction with a contingency of $8,830.00.
FISCAL IMPACT:
No Fiscal impact as he City is expected to utilize approximately $67,670.00 from the CRRSAA Non-STIP State Funds and COVID Relief STIP RIP Funds.
ATTACHMENTS:
Resolution and Agreement (2 Parts)
RESOLUTION NO. 2024- _____
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA EXECUTING AN
AGREEMENT WITH STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR ADMINISTERING AGENCY-STATE
AGREEMENT(S) FOR STATE FUNDED PROJECTS
WHEREAS, the Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 apportioned $911.8 million to California (COVID Relief Funds); and WHEREAS, the California Transportation Commission (CTC) adopted the Federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 – CRRSAA Program Guidelines for STBG projects and the 2021 Mid-Cycle State Transportation Improvement Program (STIP) Guidelines for RIP projects; and
WHEREAS, on April 26, 2024, the City submitted its application to Caltrans LAPG to fund the construction of 4 ADA-compliant curb ramps; and WHEREAS, the City will receive $26,670.00 from the CRRSAA Non-STIP State Funds and $41,000.00 from the COVID Relief STIP RIP Funds; and WHEREAS, the City will enter into a Master Agreement with the State of California Department of Transportation (Caltrans), and Administering Agency-State Agreement (attached); and
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. Authorizes the City Manager make minor changes that may be necessary to implement the intent of this Resolution and to execute the necessary Agreement(s) with Caltrans for a term of at least one year.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a regular meeting held on the 18th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ______________________
Scott Freels, Mayor
ATTEST:
___________________________
Elizabeth Soto, CMC, CPMC,
Acting City Clerk
00000A564
FOR STATE FUNDED PROJECTS NO 05-5103S21
0523000177
May 23, 2024
05-SBT-0-SJB
CRAL-5103(003)
5103
This Program Supplement, effective , hereby adopts and incorporates into the Administering Agency-State Agreement No. 05-5103S21 for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached).
The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages.
City of San Juan Bautista
Road Rehabilitation 0.0(MILES)
Estimated Cost State Funds Matching Funds
CITY OF SAN JUAN BAUTISTA
By ________________________________ By ________________________________ Title _______________________________
Date _______________________________
Attest _______________________________ Date _______________________________ Division of Local Assistance
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Officer _______________________ Date _______________ PROGRAM SUPPLEMENT NO.
to
ADMINISTERING AGENCY-STATE AGREEMENT
Adv. Project ID Date:
Location:
Project Number:
E.A. Number:
Locode:
PROJECT LOCATION:
TYPE OF WORK: LENGTH:
LOCAL OTHER
$67,670.00 $41,000.00 $0.00
Chief, Office of Project Implementation
STATE OF CALIFORNIA
Department of Transportation
$26,670.00
STATE $26,670.00
Program Supplement 05--510-A564- SERIAL 1Page of 6
05/23/2024
SPECIAL COVENANTS OR REMARKS
05-SBT-0-SJB
CRAL-5103(003)
1. A. This PROJECT is programmed to receive funding from the State Transportation Improvement Program (STIP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s).
This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the Master Agreement, 2) the effective date of the PROGRAM SUPPLEMENT, or 3) the effective date of the component specific allocation.
B. STATE and ADMINISTERING AGENCY agree that additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE approved Allocation Letter and Finance Letter.
ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE.
C. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. An approved time extension will revise the timely use of funds criteria, outlined above, for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof.
Documentation for approved supplementary allocations, time extensions, and fund transfers between components will be a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate.
D. This PROJECT will be administered in accordance with the CTC STIP guidelines, as adopted or amended, and the STATE Procedures for Administering Local Grant Projects in the State Transportation Improvement Program (STIP), the Local Assistance Program Guidelines, and the Local Assistance Procedures Manual. The submittal of invoices for project costs shall be in accordance with the above referenced publications and the following.
E. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
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CRAL-5103(003)
F. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these STATE funds.
G. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after the award. Failure to do so will cause delay in processing the invoices for the construction component. As a minimum, the award information should have the following: Project number, project description, PPNO, date the project was advertised, award amount, bid opening date, award date and estimated completion date.
H. This PROJECT is subject to the timely use of funds provisions enacted by Senate Bill 45 (SB 45), approved in 1997, and subsequent CTC guidelines and State procedures approved by the CTC and STATE, as outlined below:
Funds allocated for the environmental & permits, plan specifications & estimate, and right-ofway components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated.
Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and complete the construction or vehicle purchase contract within 36 months of award.
I. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumberances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount.
ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual.
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SPECIAL COVENANTS OR REMARKS
05-SBT-0-SJB
CRAL-5103(003)
2. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance.
ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date.
3. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded Projects).
4. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
5. A. This PROJECT is programmed to receive STATE Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) Program funds. The ADMINISTRATING AGENCY agrees to administer the PROJECT in accordance with the California Transportation Commission (CTC) approved/adopted CRRSAA Guidelines and this PROGRAM SUPPLEMENT.
B. The STATE funds for this PROJECT may be provided under one or more phases, which are Preliminary Engineering (PE), Right-of-Way (R/W), Construction (Con), and Other Phase (Debt Service Payments, Personnel).
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SPECIAL COVENANTS OR REMARKS
05-SBT-0-SJB
CRAL-5103(003)
Phase-specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the phase identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per phase. Unless otherwise determined, the effective date of the phase-specific allocation will constitute the start of reimbursable expenditures for the phase. The STATE funds available for reimbursement will be limited to the amount allocated by the STATE for the phase.
C. At the time of the first fund allocation approval for the Project, this PROGRAM SUPPLEMENT, a STATE-approved Allocation Letter and STATE Finance Letter are prepared to allow reimbursement of eligible PROJECT expenditures for the phase allocated.
D. STATE and ADMINISTERING AGENCY agree that any additional fund allocations made after the execution of this PROGRAM SUPPLEMENT, for the phase that has been authorized in the first fund allocation approval or for a new phase, will be encumbered on this PROJECT by use of a STATE-approved Allocation Letter and a STATE Finance Letter and are subject to the terms and conditions thereof.
E. This PROJECT is subject to the delivery requirements enacted by the CRRSAA Program guidelines, which may be accessed at the Local Assistance webpage.
F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase.
G. The ADMINISTERING AGENCY shall invoice STATE for PE, R/W, CON, and Other Phase costs no later than 180 days after the end of expenditure the phase. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor, prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment.
H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM provisions.
I. ADMINISTERING AGENCY agrees to comply with the requirements in 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (applicable to Federal and State Funded
Program Supplement 05--510-A564- SERIAL 5Page of 6
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Projects).
J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to provide the STATE, upon request, with the information related to the PROJECT for the purpose of project evaluation or other purposes.
K. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the State. Any changes to the approved PROJECT scope without the prior expressed approval of the State are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement.
L. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter.
Per Government Code Section 16304, all project funds not liquidated within these periods will revert. The State and Federal funds encumbered for this project from the CRRSAA program do not qualify for a Cooperative Work Agreement. The reversion date of the CRRSAA program funds shall not extend past the reversion date shown on the State approved project finance letter.
Program Supplement 05--510-A564- SERIAL 6Page of 6
05 City of San Juan Bautista
-------- ---------------------------------------------- District Administering Agency
Agreement No. 05-5103S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of San Juan Bautista, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
STATE-FUNDED PROJECTS
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY. Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a
fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for
PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. (b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT.
(c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. (d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal. (f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide.
With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not
being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a sixmonth period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of
indirect cost incurred within each fiscal year being claimed for reimbursement.
ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments. ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for AE Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335- 10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY. The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pendency of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or
jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
City of San Juan Bautista
City of San Juan Bautista
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
________________________________
Chief, Office of Project Management ________________________________ Oversight
Division of Local Assistance
Representative Name & Title
(Authorized Governing Body
Representative)
By______________________________ By______________________________ Date______________________________ Date______________________________ ________________________________
EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement
and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: MAY 21, 2024 JUNE 18, 2024
DEPARTMENT: RECREATION DEPARTMENT
FROM: CAITLIN BRADY, RECREATION ASSISTANT
BY: CAITLIN BRADY, RECREATION ASSISTANT
TITLE: ADOPTION OF A VOLUNTEER PROGRAM AMENDED
RECOMMENDED MOTION:
Approve the resolution naming volunteers as employees for the purpose of providing workers’ compensation benefits when that individual provides services to the City.
RECOMMENDATION:
Our recommendation remains that the City adopt the proposed Volunteer Management Program that provides workers’ compensation benefits. This program aims to optimize volunteer contributions, minimize associated risks, and ensure compliance with legal standards. It is recommended that volunteers be named as employees for the purpose of providing workers' compensation benefits. This approach will offer protection to both the volunteers and the City itself, mitigating potential liability issues and ensuring that volunteers are adequately covered in case of injury while performing their duties.
EXECUTIVE SUMMARY:
The Volunteer Management Program is designed to coordinate and manage all volunteer efforts supporting city services. It emphasizes effective volunteer placement, risk management, and compliance with legal requirements. By adopting this program, the city will benefit from improved volunteer coordination, reduced liability exposures, and enhanced community engagement.
This initiative is also mindful of the City’s budget constraints. By leveraging volunteer efforts, the city can accomplish more with limited staff, thereby maximizing resource utilization and achieving greater efficiency in delivering services.
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Key components of the program include structured recruitment, screening, training, and supervision processes. The program also provides guidelines for volunteer rights, recognition, and management, ensuring a consistent and professional approach to volunteer involvement.
BACKGROUND:
INTRODUCTION
Volunteers are a key resource for the City of San Juan Bautista. These individuals bring a wealth of skills and knowledge in a variety of areas. Volunteers expand and improve services provided to the community, enable the City to stretch tax dollars to improve the lives of its citizens, and encourage participation in city government. Volunteers can be found helping out in almost all departments, working in offices, recreation centers, libraries, and parks. Many programs could not operate without volunteer assistance.
Volunteers also bring an element of risk. However, when managed properly, the liability and workers’ compensation exposures can be significantly reduced or minimized, which further protects the City’s financial resources.
PURPOSE
This policy establishes procedures for an effective Volunteer Program that encourages citizens to contribute their time and talents to public service. It encourages all departments to support and promote volunteerism and volunteer projects.
The City’s Volunteer Program is designed to coordinate and manage all volunteer efforts which support city services provided to the community. The program addresses community service needs, while placing special emphasis on the City’s priorities. The Program is designed to effectively match individuals to departments that have volunteer opportunities.
ASSIGNMENT OF RESPONSIBILITY
● Volunteer Coordinator. Plans the effective use of volunteers, including: conduct and/or coordinate training, ensure appropriate supervision, assess risk exposures, assign volunteers to departments based on interest, skills, experience and need, as well as complete necessary documentation.
● Human Resources. Manages the Volunteer Program, providing oversight for the recruitment, selection, screening, and orientation of volunteers. Also responsible for maintaining records and developing/enforcing volunteer policies and procedures to ensure a successful program.
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● Department Heads/Supervisors. Educates the volunteer on safe work practices as required for all employees, identifies requirements of each task, develops work schedules, monitors use of equipment, and provides necessary training. All Department Heads are responsible for supervising volunteers, ensuring that policies and procedures are followed, conducting performance reviews, and reporting all incidents which may expose the City to liability in accordance with existing policy.
RESOLUTION
Workers’ Compensation shall be the exclusive remedy for all volunteer injuries and illness.
The City shall adopt a Resolution naming volunteers as employees for the purpose of providing workers’ compensation benefits when that individual provides services to the agency (see Attachment A).
DEFINITION
An individual is a volunteer when:
1. The City has control and direct supervisory responsibility over the manner and the result of the services rendered AND;
2. The volunteer receives no remuneration for such services other than meals, transportation, lodging, or reimbursement for incidental expenses.
An individual is NOT a volunteer where:
1. The individual is sponsored by an outside agency and provides services through that sponsoring agency (i.e. Red Cross volunteer).
2. The individual is acting as a registered Disaster Service Worker Volunteer, (i.e. registered volunteer filling sandbags in preparation for a flood).
PROCEDURES
Recruitment
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Volunteers shall be recruited without regard to race, color, national origin, gender, age, marital status, sexual preference, and/or disability. Volunteers may be recruited either through an interest in specific functions or through a general interest in volunteering which the agency will try to match with their experience or interests. Methods for recruiting volunteers may include public notice in local newspapers, newsletter, agency website, or public access television.
Application
All volunteers must complete an application form. The form shall be used to identify special skills, interests, background and qualifications. It is important for the agency to know of any medical conditions which may affect the individual’s ability to perform certain tasks. All parents or guardians must sign the application for minors (see Attachment B).
Additionally, each volunteer must complete a liability waiver form and acknowledgement that workers’ compensation benefit is the sole and exclusive remedy (Attachment C). No one may volunteer unless all forms are completed and submitted to the Human Resources Department.
Screening
The City shall obtain the volunteer’s authorization to conduct appropriate screening and background check. The scope of these activities will vary depending on the volunteer position.
Depending on the nature of the position, use of any or all of the following screening techniques may be appropriate (Refer to Attachment D):
● Application forms requesting information on prior convictions or misconduct; ● Contacting personal and employment references;
● Criminal background check, including use of information from the National Crime Information Center and state/local sex offender registries; ● Motor vehicle record check;
● Verification of education, training, certifications and licenses; ● Credit check; and/or
● Fingerprinting
Positions that require fingerprinting include those involving children, youth, or the elderly.
Potential volunteers have the right to refuse to be fingerprinted. In doing so, such individuals will not be eligible to volunteer. Department representatives are to give a Fingerprint Scan Request (Live Scan Request) to volunteers for which fingerprinting is required. The individual will be directed by Human Resource where to have their fingerprints completed. These volunteers may not begin his/her position until the result from the Department of Justice Item: # 7.E
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and/or FBI has been received and the Human Resources Department has given the individual clearance to begin.
Protection of Privacy
The City recognizes that it may collect and maintain birth dates and Social Security numbers (SSNs) as part of the volunteer selection process. This information is legally protected data and is highly confidential. The City is dedicated to ensuring the privacy and proper handling of this information in accordance with State and Federal Regulations.
The volunteer’s SSN and other private information shall be used for the purpose of verifying the identity of the volunteer during the screening process and may not be used for any other purpose.
Job Description and Risk Evaluation
Each department shall complete a job description for the volunteer position(s). The job description shall identify the duties and responsibilities as well as the qualifications, skills and other requirements of the position (Attachment E). Each Department shall also complete a job risk assessment to identify potential hazards, training and the use of personal protective equipment, if applicable for each position (Attachment F).
Once a volunteer has been accepted, he/she will receive a copy of the volunteer job description and risk evaluation. Both of these original signature forms are to be forwarded to the Human Resources Department upon completion.
Selection and Appointment
The Volunteer Coordinator shall best match the interests, skills and qualifications of the volunteer to the departments with existing opportunities. The Department Head shall interview the volunteer and may choose to accept or decline the volunteer service. If the individual is declined, the Department Head shall notify the Human Resources Department.
Human Resources will notify the individual that the department is unable to use their services and they will be referred to another department for volunteer services if appropriate.
If a volunteer wishes to work in a different department, the volunteer shall be referred to the Volunteer Coordinator. The Coordinator shall identify opportunities within the agency and refer the volunteer to the new department for an interview. If accepted, the volunteer will be subject to additional screening requirements (if applicable) and trained on any new risks, policies, and/or procedures associated with the new position.
Orientation and Training
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Each volunteer shall receive an orientation on or before the first day of service. This orientation session shall assist the volunteers in their new roles with the agency. The orientation shall include:
● Agency policies, such as those addressing safety, customer service, accident reporting, non-discrimination, sexual harassment, drug and alcohol, code of conduct, etc. ● Information procedures and responsibilities, when, how and to whom problems, complaints, hazards, or suggestions, etc. should be reported. ● Insurance coverage, benefits, reimbursement policy, etc.
Training shall be specific to the type of work the volunteer will be performing. The Volunteer Coordinator, Department Head or Supervisor shall review each volunteer position and job risk assessment (Attachment F) to determine the type of training needed and who will conduct it.
Under no circumstance will a volunteer begin their assignment before proper training.
Training may be conducted by the Supervisor outsourced depending on the position.
A checklist (Attachment G) must be completed by the Volunteer Coordinator or Supervisor and filed with Human Resources.
Vehicle Operation
Should vehicle use be required to perform volunteer duties, the City shall make available a pool vehicle. If a pool vehicle is not available, the volunteer may use their personal vehicle providing he/she provides evidence of automobile liability insurance with limits no less than 100,000 per person or $300,000 per occurrence. Human Resources shall maintain copies of the evidence of insurance. Volunteers driving an agency or personal vehicle will be subject to a Motor Vehicle check to determine their eligibility, per City policy.
If a volunteer’s driver license has been revoked or suspended, or if there is activity that warrants concern, the volunteer’s supervisor and the volunteer will be notified immediately by the Human Resources Department that the volunteer is no longer able to drive in the course of volunteering.
The volunteer must be notified that it is the responsibility of the volunteer utilizing his/her privately owned vehicle to maintain accurate records of the purpose and extent of his/her travel, and to make substantiated claims for reimbursement per the Agency’s reimbursement policy.
The vehicle and/or mileage allowance is intended to cover the volunteer’s cost of operating the vehicle on Agency business, including the cost of insurance. Further, all operating expenses of the privately owned vehicle are to be borne by the volunteer.
Further, the volunteer must acknowledge the City is not liable for any damage to a volunteer’s privately owned vehicle, unless caused by the Agency’s negligence. It is the responsibility of Item: # 7.E
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the volunteer to notify his/her immediate supervisor, the Department of Motor Vehicles, and their insurance company in the case of any accident.
Supervision
Each volunteer must have a clearly identified supervisor who is responsible for direct management of that volunteer. This supervisor shall be responsible for day-to-day management and guidance of the work of the volunteer, and shall be available to the volunteer for consultation and assistance. An adult must supervise volunteers under the age of eighteen (18).
The Supervisor shall conduct periodic evaluations of volunteers. Volunteers that do not perform to their responsibilities or department standards may be relieved of their duties.
Human Resources will notify the volunteer.
Compensation and Benefits
Fair Labor Standards Act, 29 C.F.R. §553.106, allow volunteers to be paid expenses, reasonable benefits, a nominal fee, or any combination thereof for their service without losing their volunteer status. Some examples of payments that may be made to volunteers without jeopardizing their status include:
● Uniform allowance, reasonable cleaning expenses, reimbursement for out of pocket expenses such as meals and transportation.
● Providing “reasonable benefits” is permissible, such as liability, health, life, disability and workers’ compensation insurance coverage.
● Payment of a “nominal fee” that is not tied to productivity such as $10 per call for a volunteer firefighter.
Compensation and benefits shall be in accordance with city policy.
Volunteer Recognition and Rights
The City views volunteers as an invaluable resource and integral part of the City’s ability to provide and enhance community services. The City shall recognize outstanding volunteer contributions. Recognition of volunteers may include various awards, activities or a simple “Thank You” for their efforts for helping make our community a better place to live.
A volunteer shall be accorded the same rights as employees. During their tenure with the City volunteers should:
● Be treated with respect and courtesy.
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● Receive proper training for the job assigned.
● Be informed about the agency’s policies
● Not to be discriminated against because of race, ethnicity, religion, gender, age, disability, marital status, family, or sexual orientation. ● Receive information on issues regarding legal protection, liability and other concerns. ● Be recognized for their efforts in providing program services. ● Be treated as co-workers.
● Know as much about the organization as possible.
● Be evaluated and receive recognition.
Volunteer Liability
The City shall provide coverage to volunteers while acting within the scope of his/her responsibilities and under the supervision of the agency. There are also laws that limit volunteer liability. Most significant is the Volunteer Protection Act of 1997 (Attachment H) which provides that no volunteer of a public entity is liable for harm caused by the volunteer on behalf of the entity when certain requirements are satisfied. The City will ensure all the requirements are satisfied to limit the volunteer’s and agency’s liability.
Youth Volunteers
During the summer months, the use of minor volunteers increases, particularly in parks and recreation. The City shall comply with all applicable Federal and State laws governing work by minors. Where there is discrepancy between the Federal and State laws, the more restrictive of the two shall be applied. No minor shall be permitted to perform activities determined to be hazardous under the Fair Labor Standards Act (FLSA), nor should any minor exceed the number of hours worked permitted by law (Attachment I). Refer to the http://www.dir.ca.gov/dlse/ChildLaborPamphlet2000.html#17 for the California Labor law governing minors.
Injury to Volunteers
The policy and procedures for reporting employee work-related injuries shall be applied to volunteers as well. The Supervisor shall complete the required workers’ compensation forms, submit to Human Resources for processing, and the volunteer shall be directed to the designated treating facility. The agency will attempt to immediately notify the parent or guardian of an injured minor.
Item: # 7.E
City Council
June 18, 2024
Page | 9
The Supervisor shall conduct an initial investigation, determine cause, recommendations to prevent reoccurrence, and document the findings.
Reporting
Each Department, not later than the 15th day of each month, shall make a written report (Attachment J) for the preceding month that includes:
● All volunteers who performed services in that month;
● The total number of hours spent on such services;
● All new volunteers enrolled during the month; and
● All volunteers who were terminated.
The report shall be filed with Human Resources, who may inspect the roster at any time and shall do so at least quarterly to see that inactive volunteers have been removed from the roster of available volunteers and that other information on the roster accurately reflects current conditions.
Release of Volunteer
Volunteers who do not adhere to the rules, policies and regulations of City fail to perform their assignments satisfactorily, or are participating in activities that are no longer required are subject to dismissal. A volunteer may be dismissed at any time. The City reserves the right to request that a volunteer leave immediately. No prior notification is necessary to release a volunteer of their services. If a department believes that a volunteer’s behavior warrants immediate release, they have that right.
FISCAL IMPACT:
The implementation of the Volunteer Management Program is expected to incur minimal direct costs. The primary expenses involve administrative efforts related to the recruitment, screening, and training of volunteers which is already included in the budget.
The City’s membership with the California Intergovernmental Risk Authority (CIRA) does not incur additional charges for volunteer use, as the exposure base for workers' compensation (WC) contributions is payroll. Since volunteers are unpaid, there is no direct addition for volunteers.
However, it is important to note that if a loss involving a volunteer occurs, the City’s loss history would be affected, potentially increasing the City’s experience modification (ex-mod) factor and resulting in higher future WC contributions. Therefore, while there is no immediate cost increase, the potential for future financial impact exists.
ATTACHMENTS:
Item: # 7.E
City Council
June 18, 2024
Page | 10
A. Resolution
B. Volunteer Application
C. Workers’ Compensation Volunteer Release
D. (1) Release of Information, (2) Background Investigation, (3) Affidavit of Criminal History, (4) Credit Report
E. Volunteer Job Description
F. Risk Assessment
G. Volunteer Onboarding Checklist
H. Volunteer Protection Act of 1997
I. Minors Regulation Notice
J. Monthly Volunteer Hour Report
ATTACHMENT A
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN JUAN BAUTISTA, CALIFORNIA,
PROVIDING FOR WORKERS’ COMPENSATION
COVERAGE FOR CERTAIN VOLUNTEERS
PURSUANT TO 3363.5 OF THE LABOR CODE.
WHEREAS, the City budget includes funding for recreation and specifically volunteers to support the recreation program, and
WHEREAS, the City is part of CIRA, a risk management organization, and WHEREAS, in order to protect the City and its volunteers, the City needs to adopt a thorough program and guidelines as provided in Staff Report ______________.
WHEREAS, the City of San Juan Bautista desires to provide Workers’ Compensation coverage for persons authorized to perform volunteer services for the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Bautista hereby adopts the policy that an unsalaried person as designated and authorized by the City to perform volunteer service for the City shall be deemed to be an employee of the City for the purpose of Workers’ Compensation benefits provided by law for any injury or illness sustained by him or her while acting in the course and scope of the authorized services of the City and under the direction and control of the City.
PASSED AND APPROVED this 18th day of June, 2024.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
Page | 1 City Council Meeting Minutes (April 16, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
APRIL 16 2024
1. CALL TO ORDER
Mayor Pro Tem Jordan called the regular meeting to order at 5:32 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
ROLL CALL Present:
Mayor Pro Tem Leslie Q. Jordan
Councilmember Jackie Morris-Lopez
Mayor Scott Freels
Absent:
Councilmember John Freeman
Councilmember EJ Sabathia
Staff Present:
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Don Reynolds, City Manager
Jon R Giffen, City Attorney
2. CLOSED SESSION – 5:30 P.M. – 6:00 P.M.
The City Council will recess to closed session pursuant to:
a. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Attorney.
No public comment.
Mayor Freels adjourned to a closed session at 5:34 p.m.
Mayor Freels reconvened the meeting at 6:02 p.m.
City Attorney Giffen announced that there was no reportable action.
3. PROCLAMATION
The City of San Juan Bautista proclaimed:
A. Peak Day, April 28, 2024
B. National Preservation Month, May 2024
Page | 2 City Council Meeting Minutes (April 16, 2024)
4. PUBLIC COMMENT
Received general public comments from the following members of the public:
Laurie Tankersley, San Benito County Waste Management
5. FORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
City Treasurer Wendy Cumming, CPA provided the financial report for February 2023.
B. Reports from City Council Representatives to Regional Organizations and Committees
The City Councilmembers reported on the regional meetings that they attended.
C. City Council Announcements
The City Council members announced upcoming events.
D. City Manager’s Report
City Manager Don Reynolds presented the report folllwed by a PowerPoint presentation. City Manger Reynolds reported that there will be a staff training that will focus on improving the skills and knowledge of city employees and community workshop. To help the city engagement with the community. Two positions have been filled. The Part-Time Administrative Assistant and staff has started the on-boarding for Roy Morales as the Public Safety Coordinator.
There will be a Goal Setting meeting on May 4. The Planning Commission will be hosting a workshop on May 18 to revise the Temporary Use of Land Permit and make zoning code changes.
The Community will have an opportunity to provide feedback. A grant application for the Third Street Transformation Initiative, with a focus on designing bike paths and citizen input.
The following members of the public commented on the report:
Michael Ponce
a. Fire Department Update –
Fire Marshall Charlie Bedolla reported the statistics for March 2024. There were no fires reported, but there was fifteen (15) medical incidents, and fifteen (15) vehicle accidents.
No public comment.
b. Sheriff Department Update –
Deputy Sherriff Villanueva provided statistics for March 2024.
No public comment.
c. Public Safety Department Update –
Receive Report from Roy Morales, Public Safety Coordinatorm provided a status report for March 2024 that included San Benito Sherrif’s Department, Hollister Fire Department, and San Juan Bautista Code Enfocement.
Page | 3 City Council Meeting Minutes (April 16, 2024)
No public comment.
d. Library Department Update –
Rochelle Eagen, Library Supervisor, reported on the programs offered at the library, services the county offers city residents, and upcoming library projects.
No public comment.
6. CONSENT
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 (Tabled) No public comment.
MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Morris-Lopez, Consent Item A, B, C, and E was approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, and Mayor Freels; NOES: None; ABSENT: Councilmember Sabathia; ABSTAIN: None
Item D
The job description for the Community Services Liason should be changed to Code Enforcement and Community Services Officer.
No public comment.
MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Morris-Lopez, the Approving the Job Description for City Clerk, Code Enfocement and Community Services Page | 4 City Council Meeting Minutes (April 16, 2024)
Officer, and Maintenance Worker I/II was approved as amended.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, and Mayor Freels; NOES: None; ABSENT: Councilmember Sabathia; ABSTAIN: None
7. ACTION ITEMS
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 City Attorney Jon Giffen provided report. The City Council is considering whether to permit or prohibit the sale and use of fireworks for the Fourth of July holiday. The Anzar High School Booster Club has applied to sell "Safe and Sane" fireworks. The City has previously implemented a "Zero Tolerance" policy for fireworks and increased enforcement measures due to dry drought conditions. Three draft alternative resolutions have been presented for the Council to consider, including options to continue the prohibition on fireworks, allow the use of safe and sane fireworks on private property, or deny the Anzar Boosters' request to sell fireworks.
“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 9:00 P.M. 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.”
The Council has the authority to further limit the use of fireworks, and staff will work with partners to establish a special enforcement team. It was requeted to end the daily sales of fireworks at 9:00 p.m. in order to be consistent with the Windmill hours of operation. On July 4th the sales will end at 7:00 p.m.
Fire Marshall Bedolla stated that the “safe and sane” fireworks with approved sticker are the only ones that are allowed.
The following members of the public commented on the report.
Laura, Anzar parent representing Anzar School.
MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Morris-Lopez, the Resolution 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 was approved as amended.
Page | 5 City Council Meeting Minutes (April 16, 2024)
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, and Mayor Freels; NOES: None; ABSENT: Councilmember Sabathia; ABSTAIN: None
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 City Manager Don Reynolds provided the report. The City of San Juan Bautista has been allocated $455,999 in Permanent Local Housing Allocation (PLHA) grant funds for a five-year period from 2019 to 2024. The recommended motion is to amend the PLHA program by allocating 95% of the 2019 grant funds ($72,199) for homeless supportive services in the first year, and allocating 5% ($3,800) for county administrative costs. The remaining 95% of the grant funds for the years 2020- 2024 will be allocated for the ADU Code Compliance Grant program.
The City Manager is authorized to execute a Memorandum of Understanding (MOU) with San Benito County Public Health Department to deliver the homeless supportive services. The City needs to amend the five-year PLHA plan and execute the MOU by April 30, 2024, to avoid the state reallocating the 2019 funds for a different state housing program. There is no fiscal impact on the City's General Fund, as the programmatic change only affects the allocation of state housing grant funds.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Pro Tem Jordan, the 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, was approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, and Mayor Freels; NOES: None; ABSENT: Councilmember Sabathia; ABSTAIN: None
8. DISCUSSION ITEMS
A. Consider a “Vacant Property Registration” Program vs a “Vacancy Tax” City Manager Don Reynolds and Citygate Stacey Barstow provided the report. The City of San Juan Bautista has been considering implementing a vacancy tax as an incentive for property owners to maintain and lease their vacant buildings. Instead of a vacancy tax, it has been suggested to consider a "Vacancy Registration" program, similar to the one in West Hollywood.
Page | 6 City Council Meeting Minutes (April 16, 2024)
The Vacancy Registration program in West Hollywood involves the compliance officer working with the property owner to register the property, classify it, and inspect it.
The annual registration fees for the Vacancy Registration program in West Hollywood vary based on the property classification, ranging from no-cost for stable properties to $26,640 for failed properties. The revenue generated from the Vacancy Registration program can be used to pay for new beautification programs, such as painting and improving facades.
Vacancy Tax:
A vacancy tax is a tax imposed on property owners for keeping their buildings vacant for extended periods. The tax is intended to incentivize property owners to lease their vacant buildings quickly.
The tax is typically calculated based on the duration of the vacancy, with the owner being taxed per day, week, or month. The purpose of the vacancy tax is to reduce the blight caused by vacant buildings in the downtown area.
Vacancy Registration Program:
A vacancy registration program involves property owners registering their vacant properties with the city. The program typically includes a classification system for vacant properties based on their condition or level of risk. Property owners are required to pay an annual registration fee based on the classification of their vacant property. The program may also involve inspections of the vacant properties to ensure compliance with health and safety measures. The fees collected from the registration program can be used to fund maintenance and beautification efforts in the downtown area.
While a vacancy tax imposes a financial penalty on property owners for keeping their buildings vacant, a vacancy registration program focuses on registering and classifying vacant properties, with fees collected to support maintenance and improvement initiatives.
The following members of the public commented on the report:
Michael Ponce, incentives for new business owners
9. FUTURE AGENDA ITEMS
The City Councilmembers requested the following items:
Mayor Pro Tem Jordan:
Vacancy Property Registration / inventory
Lighting at Abbe Park
Councilmember Morris-Lopez:
Update on Casa Roza and Niels Market
Wine barrels on Third Street
Graffitti on mural – add additional lighting / security camera Page | 7 City Council Meeting Minutes (April 16, 2024)
10. ADJOURNMENT
Motion to adjourn the meeting by Mayor Freels, second by Mayor Pro Tem Jordan. All in favor.
There being no other business, Mayor Freels adjourned the meeting at 8:33 p.m.
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
_______________________________________
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Page | 1 City Council Meeting Minutes (May 21, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
MAY 21, 2024
1. CALL TO ORDER
Mayor Freels called the regular meeting to order at 5:30 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
ROLL CALL Present:
Councilmember John Freeman
Mayor Pro Tem Leslie Q. Jordan
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Scott Freels
Absent:
Staff Present:
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Don Reynolds, City Manager
Jon R Giffen, City Attorney
2. CLOSED SESSION – 5:30 P.M. – 6:00 P.M.
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.).
b. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Manager.
No public comment.
Mayor Freels adjourned to a closed session at 5:33 p.m.
Mayor Freels reconvened the meeting at 6:00 p.m.
City Attorney Giffen reported that item b was tabled. No reportable action.
Page | 2 City Council Meeting Minutes (May 21, 2024)
INTRODUCTION:
Mayor Freels welcomes newly sworn-in Hollister Fire Chief John Golding.
3. PROCLAMATION
A. San Juan Bautista Soccer Club, Recognition and Presentation of Trophy to the City
San Juan Bautista Soccer League, Ricardo Torres, Co-President, and Justin Garman, CoPresident and Coach presented the city with the trophy that they won during the championship The City Council presented the San Juan Bautista Soccer Club team with certificates of recognition.
B. National Preservation Month Awards: Tuccoletta Hall/Plaza Market; and The Lovett House
In recognition of National Preservation Month, the City Council presented awards to:
Private Building - 800 Second Street, The Lovett House; and Public Building – 203 Third Street, The Toccoletta Hall/Plaza Market
The City of San Juan Bautista proclaimed:
C. Public Works Week, May 19-25, 2024
D. LGBTQ+ Pride Month, June 2024
E. Mental Health Month May 2024
4. PRESENTATION
A. Council of San Benito County Governments (SBCOG)
Binu Abraham, Executive Director, Council of San Benito County Governments (SBCOG) provided the report.
No public comments.
B. SR 156 Improvement Project: Union Road Closure
Binu Abraham, Executive Director, Council of San Benito County Governments (SBCOG) provided the report.
No public comments.
5. PUBLIC COMMENT
Received public comment from the following members of the public:
Michael Ponce, Jr. Giants food permit
Ida Pisano, Planning Commission Vacancy
Page | 3 City Council Meeting Minutes (May 21, 2024)
6. PUBLIC HEARING
A. Weed Abatement
Fire Marshall Charlie Bedolla provided the report. The abatement program aims to reduce the fire hazard and other dangerous aspects of weeds growing on public and private property. A public hearing will be conducted to hear objections to the proposed abatement, and written notice of the hearing was mailed to all affected property owners on April 16, 2024. The costs associated with the abatement program will be assessed as liens on the properties where the abatement is performed.
Fire Marshall Bedolla stated that a few objections have been received.
Mayor Freels opened the public hearing
No public comment was received.
Mayor Freels closed the public hearing.
MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Sabathia, a Resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and conduct a public hearing for the receipt of objections, was approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
Mayor Freels recess to a short recess at 7:15 p.m., and reconvened the meeting at 7:23 p.m.
7. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
City Manager Don Reynolds provided the financial report for the month ending March 31, 2024.
No public comment.
B. Reports from City Council Representatives to Regional Organizations and Committees
The City Councilmembers reported on the meetings that they attended and provided a brief overview.
No public comment.
C. City Council Announcements
The City Councilmembers announced upcoming events happening in the city.
Page | 4 City Council Meeting Minutes (May 21, 2024)
D. City Manager’s Report
City Manager Don Reynolds provided the report followed by a PowerPoint presentation. City Council worked on updating the 5-Year Strategic Plan, which is a critical part of the budget. They reviewed 63 goals and reconsidered priorities, which will be reflected in the budget. The City Council adopted principals last year, which are still in effect. The City has a new City Service Philosophy and Hiring Philosophy, which were discussed during the Citygate employee workshop on May 3rd.
The Public Safety Coordinator is working to revamp the small events permit applications, and developing a formal fee schedule. The City is in the process of developing a non-profit funding process in which $50,000 will be allocated to the budget. City Hall will be extending their hours and will be closing at 5:00 p.m. starting May 28, 2024.
There has been five miles of pipe that has been laid with Rancho Vista work to commence the first week of June.
The following members of the public commented on the report.
Michael Ponce, Lobby for water permits
a. Fire Department Update –
Charlie Bedolla, Fire Marshall provided the report.
No public comment.
b. Sheriff Department Update –
No report was provided.
No public comment.
c. Public Safety Department Update –
No verbal report was provided.
No public comment.
d. Library Department Update –
Rochell Eagen, Library Supervisor provided a status report.
No public comment.
8. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Approve a RESOLUTION Authorizing the Closure of Streets for Events in 2024.
C. Valle Vista Lighting and Landscaping Maintenance District.
Page | 5 City Council Meeting Minutes (May 21, 2024)
Recommendation: (1) Approve a RESOLUTION Ordering Preparation of An Engineer’s Report for Fiscal Year 2024-25 for Valle Vista Landscape and Lighting Maintenance Assessment District No. 1; (2) Approve a RESOLUTION Declaring Its Intention To Levy And Collect
Assessments Within Valle Vista Landscape and Lighting
Maintenance Assessment District No. 1 for Fiscal Year 2024-25 and Setting the Time and Place for a Hearing on said Assessment; (3) RECEIVE AND CONSIDER the draft Assessment Report to be the subject of final acceptance at the Public Hearing; (4) Approve a RESOLUTION Ratifying the Report Prepared In Connection with the Fiscal Year 2024-25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District No. 1
D. Community Facilities District No. 2018-01.
Recommendation: (1) Approve a RESOLUTION Ordering Preparation of An Engineer’s Report for Fiscal Year 2024-25 For Community Facilities District No. 2018-01; (2) Approve a RESOLUTION Declaring its Intention to Levy And Collect Assessments Within Community Facilities District No. 2018-01 for Fiscal Year 2024-25 and Setting The Time And Place For a Hearing On Said Assessment; (3) RECEIVE AND CONSIDER the draft Engineer’s Report to be the subject of final acceptance at the Public Hearing; (4) Approve a RESOLUTION Ratifying The Report Prepared In Connection With the Fiscal Year 2024-25 Levy of Assessments In Connection With Community Facilities District No. 2018-01 For Fiscal Year 2024-25 E. November 5, 2024 General Municipal Election
Recommendation: Approve a RESOLUTION ordering an election, requesting the San Benito County Elections Department to conduct the election, and requesting consolidation of the November 5, 2024 election.
F. Approve the Regular Meeting Minutes of February 20, 2023.
G. Approve the Regular Meeting Minutes of March 19, 2024.
No public comments.
MOTION:
Upon motion by Councilmember Sabathia, second by Mayor Pro Tem Jordan, Consent Items A, B, C, D, F, and G were approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
Item E
The nomination period starts Monday, July 15 through August 9, 2024. If the incumbents do not run, the nomination period is extended an additional five days, which in turn will end on August 14, 2024.
Page | 6 City Council Meeting Minutes (May 21, 2024)
No public comments.
MOTION:
Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, Consent Item E, Resolution ordering an election, requesting the San Benito County Elections Department to conduct the election, and requesting consolidation of the November 5, 2024 election, was approved.
AYES: Councilmembers: Freeman, Jordan, Morris-Lopez, Sabathia, and Mayor Freels; NOES:
None; ABSENT: None; ABSTAIN: None
9. ACTION ITEMS
A. Fiscal Year 2024/25 Draft Budget
Don Reynolds, City Manager, provided the draft Budget for Fiscal Year 2024/25. The General Fund is projected to have a surplus of $143,591 by June 30, 2025. The fire services contract with Hollister is being re-evaluated, which may impact the City's General Fund Balance. The City has an ambitious Capital Improvement Plan, including street improvements, water and wastewater system improvements, and building improvements. The City Council is recommended to set dates for a budget workshop in June and schedule the budget for adoption at its regular June 18, 2024 City Council meeting.
The Capital Improvements for Fiscal Year 2024/25 include street improvements, the Microvi water treatment program, heating air conditioning for City Hall and the Chambers, electrifying the fleet, and leasing a fire engine.
The following members of the public commented on the report:
Michael Ponce, Rib Cook-off; Abbe Park lights
The City Council is recommended to appoint a City Council Ad-Hoc Committee to consider options for fire services.
Mayor Freels and Mayor Pro Tem Jordan were appointed to the Ad Hoc Committee.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Pro Tem, Mayor Freels and Mayor Pro Tem Jordan were appointed to the Ad Hoc Committee that will review public safety contracts.
AYES: Councilmembers: Jordan, Morris-Lopez, and Mayor Freels; NOES: None; ABSENT:
Councilmembers Freeman and Sabathia; ABSTAIN: None
The date for the upcoming budget workshop set once the City Council’s availability has been confirmed.
Page | 7 City Council Meeting Minutes (May 21, 2024)
B. Approve a Resolution Approving an Alternative Funding Structure for the Local Agency Formation Commission (LAFCO).
City Manager Don Reynolds provided the report. The San Benito Local Agency Formation Commission (LAFCO) unanimously decided to invite special districts to have representation on LAFCO and proposed an alternative funding structure for LAFCO's budget to minimize the burden on the special districts. Approximately half of all LAFCOs in the State have special district representation, but special districts in San Benito do not have an equal voice to the County and the cities in LAFCO affairs. LAFCO has oversight over the existence and growth of special districts, and special districts have a vested interest in LAFCO actions.
In order to join LAFCO, special districts would be responsible for funding one third of LAFCO's operating costs, based on a formula requiring special districts to pay a third of LAFCO's operating costs unless another formula is agreed upon. San Benito LAFCO recommends that the County and cities approve an alternative funding structure allocating a fifth of LAFCO's operating costs to the special districts. This would result in financial impacts to the member agencies, with the County and cities benefiting from savings.
Mayor Pro Tem Jordan stated that there was a public workshop to bring to their boards, will bring forward to the next meeting. Will pay the lesser amount. There are several smaller special districts No public comment.
MOTION:
Upon motion by Councilmember Morris-Lopez, second by Mayor Pro Tem, the Resolution approving an Alternative Funding Structure for the Local Agency Formation Commission (LAFCO), was approved.
AYES: Councilmembers: Jordan, Morris-Lopez, and Mayor Freels; NOES: None; ABSENT:
Councilmembers Freeman and Sabathia; ABSTAIN: None
C. Volunteer Program
City Manager Don Reynolds and Recreation Assistant Caitlin Brady provided the report. The Volunteer Program will provide a checklist and guidelines for the City of San Juan Bautista, including steps and requirements for volunteers, a volunteer application form, and a volunteer job description. The adoption of a Volunteer Management Program would provide workers' compensation benefits for volunteers.
The following members of the public commented on the report:
Michael Ponce, Jr. Giants
No action was taken. City Manager Don Reynolds announced that the item will be brough forward as part of the budget at the following meeting.
Page | 8 City Council Meeting Minutes (May 21, 2024)
10. DISCUSSION ITEMS
A. Rib Cook-off Debrief
Item was tabled.
B. Discussion on Development of Recreation Department Policies.
City Manager Don Reynolds and Recreation Assistant Caitlin Brady provided the report. The purpose of the Recreation Department policies is to guide the actions and operations of the department. These policies are intended to align with the needs of the community, ensure operational efficiency, promote financial sustainability, and comply with regulatory standards. By establishing clear and comprehensive policies, the Recreation Department can effectively manage its resources, provide diverse programming and facility management, promote inclusivity and accessibility, and maintain transparency in financial reporting and budgeting. These policies serve as a framework for decision-making, resource allocation, and overall management of the Recreation Department to foster a vibrant, strong, and engaged community.
Councilmember Sabathia stated that he was not opposed to having a fee schedule. Mayor Pro Tem Jordan asked about having funds go through a nonprofit.
No public comment.
City Manager Don Reynolds stated that item and discussion will be continued.
11. FUTURE AGENDA ITEMS
12. ADJOURNMENT
Motion to adjourn the meeting by Mayor Pro Tem Jordan, second by Councilmember MorrisLopez. All in favor.
There being no other business, Mayor Freels adjourned the meeting at 9:58 p.m.
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
_______________________________________
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Item: 8.B
City Council Meeting
Date: June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: A MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN
THE CITY AND SAN BENITO COUNTY REGARDING
DEVELOPMENT IN THE PLANNING AREA OUTSIDE CITY
LIMITS
RECOMMENDED MOTION:
Approve the attached Resolution approving a MOU between the City and the County regarding coordinated development review for prosed projects within the City’s proposed Planning Area, which is that area outside of the Sphere of Influence and City Political Boundary.
EXECUTIVE SUMMARY:
On October 17, 2023, the City Council adopted Resolution 2023-71 that approves a targeted General Plan Amendment to match a proposed sphere of influence and urban growth boundary as shown in the attached Map. It mostly aligns with the current City limits. The City then amended the scope of work with EMC that changes the Community Plan required for the LAFCO application to focus on infill development potential. The Urban Growth Boundary (“UGB”) Sphere of Influence (“SOI”) Committee shifted its focus to policy development for the Planning Area provided in the attached map.
Between January and May, LAFCO attended several of the Planning Area UGB/SOI Committee meetings. They advised the City to be certain it has an agreement in place before the SOI application is submitted. The Committee favors a more rigid form of policy than an MOU for this work. Sonoma and Ventura Counties took the concept to the voters, then after it was approved, adopted Ordinances. The attached MOU is intended to serve as a place-holder.
LAFCO anticipates receiving the City’s application in July, and has budgeted for a Municipal Service Review (“MSR”). Because the proposed SOI is so much smaller, the CEQA and MSR are anticipated to be simple and straight-forward.
Page | 2
BACKGROUND:
The City Council formed the UGB/SOI Committee in the summer of 2020 to evaluate and recommend a new SOI for LAFCO’s approval. The 2015-16 SOI was never approved by LAFCO. The City’s current SOI is from the prior General Plan and is geographically larger than the City Council prefers.
DISCUSSION
After several meetings between November and January 2023, the Planning Area definition became further refined from a single policy for the whole Planning Area, to a larger Planning Area with three distinct policy areas. These form concentric circles around the political boundaries of the City, as shown in the attached map. Each of the three areas has a policy to be followed by the County when an owner/developer applies for a development and/or a change in use. These three areas are referred to as “Tiers” as provided below in Sections 5-7 of the MOU:
5. Development in Tier 1. The City will be the lead agency with respect to evaluation and approval of any Development proposed within Tier 1. Persons and/or entities associated with any Development proposed within the Tier 1 are required to retain consulting services from a City-approved and vetted vendors list, and to work directly with the City on any development review required with respect to such proposed Development.
Further, all Development proposed within Tier 1 must be approved by both the City of San Juan Bautista Planning Commission (“Planning Commission”) and the City of San Juan Bautista City Council (“City Council”).
6. Development in the Tier 2. Persons and/or entities associated with any Development proposed within Tier 2 are required to present such proposed Development to the Planning Commission for a vote to support or not to support such proposed Development. A negative vote from the Planning Commission with respect to any Development proposed within Tier 2 may be appealed to the City Council. A vote of support for any such proposed Development from the Planning Commission will serve as a recommendation to the County to approve such proposed Development. However, the County will provide the final approval required for any Development proposed within Tier 2, and associated persons and/or entities will work directly with the County on any development review required with respect to any such proposed Development.
7. Development in the Tier 3. The County will be the lead agency with respect to evaluation and approval of any Development proposed within Tier 3. Persons and/or entities associated with any Development proposed within Tier 3 are required to notify both the City and County of such proposed Development but are not required to seek any recommendation or approval from the City, unless required by the County. The County will provide all required approvals for any Development proposed within Tier 3, and persons and/or entities associated with such proposed Development will work directly with the County on any development review required with respect to such proposed Development.
Item: 8.B
City Council Meeting
Date: June 18, 2024
Page | 3
In the Ventura County example, the three cities of Thousand Oaks, Simi Valley and Moorpark acted to slow growth and prevent the cities from expanding (“sprawl”) and creating indistinguishable metropolitan areas. A specific example can be found researching the area between Moorpark and Thousand Oaks. It is known as the “Tierra Rejada Greenbelt.” This was a controversial subject so the matter was place on the ballot for the voters to decide. Once approved, Moorpark changed its SOI to match its political boundaries, and both Ventura County and Moorpark adopted Ordinances to formalize the arrangement whereby Ventura County will not permit development in these greenbelts.
At Wednesday June 5, 2024 UGB/SOI Committee meeting, EMC reported that the Targeted General Plan Amendment- Infill Community Plan is in its final draft. It will come forward to the Committee, Planning Commission and City Council for approval this summer. If approved, it will become part of the formal application to LAFCO to modify the SOI/UGB anticipated in early Fall.
The Committee asks that the City Council consider and approve the MOU. If approved, the City will share it with the County for their consideration. Once the MOU is approved by both jurisdictions, the work on an Ordinance or Ballot measure will begin.
ATTACHMENTS:
Draft Resolution
SOI/UGB Maps
Planning Area Map
Item: #8.A
City Council Meeting
Date: June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: FISCAL YEAR 2024/25 BUDGET ADOPTION
RECOMMENDED MOTION:
Approve a Resolution adopting the City Operations and Capital Improvement Budgets for Fiscal Year 2024/25.
RECOMMENDATION:
It is recommended that after considering this June update, that the City Council adopt the attached resolution and the City’s Budgets for Fiscal Year 2024/25.
BACKGROUND:
STRATEGIC PLAN UPDATE
Following the May 4 workshop with Citygate, on May 15, 2024, the City received its new updated Strategic Plan. The accomplishments from 2023, and Strategic Plan Executive Summary, and the Strategic Plan for Fiscal Year 2024/25 are part of the Budget document starting on Page 10. Of the 62 Goals, 25 priorities are to be completed in FY 2024/25. They include • Develop an Economic Development program that includes hiring part-time staff that works from the Community Development Department, to improve business retention, promoting the downtown, improving cleanliness, increasing the number of events, and incentivizes property owners fill vacant properties.
• Facility assessment and inventory, to include City Hall facilities, and improved IT. • Specific considerations that will change the zoning code, and update planning impact and fee assessment (that reduce the General Fund’s subsidy). • Increasing youth and senior recreation activities
• 5-year Capital Improvement Program, Storm Water Master Plan • Departmental and Functional; performance measures to help achievement Page | 2
BUDGET WORKSHOP JUNE 3, 2024
During the week of June 3- 7, both the City Council and City of Hollister held budget workshops.
The City’s draft budget was presented with an update from the City Manager, that begins with a General Fund balance of $143,591. This includes establishing a $100,000 Disaster Reserve as recommended by Citygate as one of the twenty-fie top priorities in the Strategic Plan.
During the City June 3, 2024 workshop, staff discussed the vulnerability of the public safety expenses especially the Fire contract. Working with Wendy Commings CPA and Citygate, staff reported that there are sufficient reserves to manage a one-time budget adjustment to the Fire contract if needed next fiscal year. That would buy some time to study the matter, and reach agreement with Hollister if necessary. Staff also introduced the potential for a sales tax increase of between .25 cents and .50 cents (increasing the total sales tax from 9% to between 9.25% and
9.5%).
At the Hollister City Council meeting, the City Council directed staff to issue a 270-day notice to the City and County that to terminate the fire services contracts if no new agreement was negotiated (March 2025). Staff recommends that from the balance of $143,591, that $40,000 be set aside to study potential strategies to increase revenue that include a sales tax initiative for the November 2025 ballot.
Citygate also recommends that an Economic Development Specialist be added to the budget as presented May 21 in the suggested Personnel Changes.” The focus would be business retention working with existing businesses to help them with their economic challenges. A vacancy fee would be implemented as an incentive to property owners to fill vacancies. These matters are part of the 25-top priorities presented in the updated Strategic Plan.
To further the Council’s goal to grow a strong Recreation program, increasing the Recreation Assistant from part-time to full-time position is recommended. Adding ten-hours a week will help the City establish its non-profit grant program. That program that sets aside $50,000 per year, and establishes an annual grant solicitation process with a City Council ad-hoc committee assigned to evaluate grant proposals from local non-profits that serve the City. That $50,000 will also be deducted from the $143,591 balance. The part-time position for recreation is not supported at this time. Staff is increasing Recreation program revenue by $50,000 and expenses to provide a stronger budget for new programs.
The new General Fund balance will be decreased by $90,000 of the two initiatives are approved (sales tax revenue study and recreation’s non-profit grant program), leaving a new adjusted balance of $53,591. The “Personnel Changes” recommended by the City Manager have not changed since it was presented May 21, 2024.
For the Capital Improvement Plan, staff has one priority from the Strategic Plan to add to the June 3 list of projects; approving a Storm Water Master plan to help develop infrastructure strategies to address localized flooding at the City’s northern and southern boundaries.
Item: #8.A
City Council Meeting
Date: June 18, 2024
Page | 3
This memo will be added to a three-part City Manager Budget transmittal, (May 21, 2024, and June 3, 2024) and is embedded into the Priorities and Issues part of the Budget document.
This is the revised Fund Balance status for FY 2004/25
ATTACHMENTS:
Budget Resolution
Capital Improvement Plan
Fund Revenues Expenditures Surplus
General Fund 2,480,525 2,426,934 53,591
Sewer Enterprise 1,960,000 1,051,569 908,431
Water Enterprise 1,718,000 862,288 855,712
Community Developmen 124,150 678,912 (554,762)
COPS 100,000 100,000 -
Perm. Local Housing 71,585 71,585 -
CFD Z2 Rancho Vista 67,512 42,718 24,794
Valle Vista Lighting Dist. 23,889 28,244 (4,355)
CFD Z1 Copperleaf 16,645 22,197 (5,552)
Gas Tax 108,000 21,000 87,000
Parking & Restroom Fund 28,000 - 28,000
TOTAL 6,698,306 5,215,447 1,392,859
1 RESOLUTION 2024- XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
ADOPTING THE SAN JUAN BAUTISTA OPERATIONS AND CAPITAL
IMPROVEMENT BUDGETS FOR FISCAL YEAR 2024-2025
WHEREAS, the City of San Juan Bautista is required to adopt a balanced municipal budget under the laws of the State of California; and
WHEREAS, pursuant to the Municipal Code Article 2, Chapter 115, Section 2-115(G), it is the duty of the City Manager to present a recommended Operation and Capital Improvement Budgets for FY 2022-2023 to the City Council; and
WHEREAS, In the summer of 2023, the City initiated a five-year community based Strategic Plan, and on May 4, 2024, it held a community workshop to update the plan; and WHEREAS, the feedback received ese surveys, interviews and workshops are summarized as the “Top Ten Priorities” and the “Top Ten Concerns,” and have been incorporated into the “Priorities and Issues” narrative of the Budget, and Budget Book presented on-line at this link: https://city-san-juan-bautista-ca-budgetbook.cleargov.com/16341/introduction/transmittal-letter; and WHEREAS, the City Council received the City Manager’s draft Budgets and reviewed them at a regular meeting on May 21, 2024, and at two Budget Workshops held on June 3, 2024, to discuss and amend the draft expenditure plan for various departments, utilities, capital improvements, special districts and service budgets of the City; and WHEREAS, a few changes were presented to the City Council at the Townhall meetings, the amendments were made to the draft Operational and Capital Improvement Budgets, and a refreshed Budget Message and a final draft Budget were prepared and presented for adoption at the City Council meeting held June 18, 2024.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
Section 2. The City Council finds that the presentation of the final draft budget reflects the changes approved during budget workshops, and is in alignment with the City’s top ten priorities and top ten concerns as will be reflected in the City’s updated 5-year Strategic Plan.
Section 3. The City Council agrees with the proposed revenue projects and proposed expenditures for each of the City funds as presented in this table:
2 Attachment 1: Capital Improvement Budget for Fiscal Year 2023/24 Operations Budget (Binder and Clear.gov)
https://city-san-juan-bautista-ca-budget-book.cleargov.com/16341/introduction/transmittal-letter Section 4. The City Council agrees with the Capital Improvement Budget as presented in the attached Table.
Section 5. The City Council hereby adopts its new Operational and Capital Improvement Budgets for Fiscal Year 2024/25.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a meeting held on the 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________
Scott Freels, Mayor
ATTEST:
__________________________________
Elizabeth Soto, Acting City Clerk
Fund Revenues Expenditures Surplus
General Fund 2,480,525 2,426,934 53,591
Sewer Enterprise 1,960,000 1,051,569 908,431
Water Enterprise 1,718,000 862,288 855,712
Community Developmen 124,150 678,912 (554,762)
COPS 100,000 100,000 -
Perm. Local Housing 71,585 71,585 -
CFD Z2 Rancho Vista 67,512 42,718 24,794
Valle Vista Lighting Dist. 23,889 28,244 (4,355)
CFD Z1 Copperleaf 16,645 22,197 (5,552)
Gas Tax 108,000 21,000 87,000
Parking & Restroom Fund 28,000 - 28,000
TOTAL 6,698,306 5,215,447 1,392,859
3 ATTACHMENT 1
CAPITAL IMPROVEMENTS
(Temporary until MNS gets a spread sheet for us)
The City is still working on its Capital Improvement Plan (“CIP”) budget with the help of MNS Engineering. On Thursday May 30th, 2024 a rigorous review resulted in a blue-print that will move the City into the next several years.
Streets
The City will be embarking on a new Street Improvement program (Pavement Management Plan or PMP) valued at $2 million, a sidewalk program, and submitting a grant for new bike lanes on a northsouth route through town (Active Transportation Planning “ATP” grant). It should learn this month about the $350,000 grant submitted to Cal Trans for the Third Street Transformation and multi-model transportation hub for the Alameda. The Right Turn Lane on Highway 156 should be built in conjunction with the new gas station this coming fiscal year. This is being paid for by the developer.
Utilities
Upgrades to the Rancho Vista Lift Station and the Diaz Lift Station are on the schedule again this year.
These improvements will be paid in part by developer contributions and sewer enterprise funds.
The sewer force main to Hollister will have spent $7 million of its $17 million construction budget as it heads into its third year ($20 million total including design CEQA mitigation, and ROW Acquisition) . It will not be completed until 2025. Last week the City received State approval to extend its deadline for its compliance with the Settlement Agreement consistent with this estimate. Also last week, staff met for an hour with the Vice President of Operations for Taylor Foods to discuss permit limits, and changing their entry into the new force main, rather than pumping into the City. Some of their wells are older than ours.
The Microvi program is being bid and installed this fiscal year. This will use $250,000 of the Water Enterprise fund balance.
The import of drinking water is budgeted this fiscal year, to be completed by June 2024. Staff has already received warm welcomes from legislators regarding state and federal funding in support this $15 million project. The rate increase appears to be sufficient cover the debt service of a $10 million low interest loan if necerssary, and the USDA is in a favorable position to help. Congresswomen Lofgren has been very supportive of her new city! (thank you).
Parks Projects
Abbe Ball Filed lights are the number 1 priority. The City needs to be certain that its new lights are complaint with the Dark Sky requirements in its municipal code and is seeking a consultant to help with and to develop specifications. This project relies on $150,000 from the General Fund Reserve.
The Track and Field contribution of $50,000 remains in the Budget but may not be used until the seismic retrofit is completed at Anzar School. The Luck Park historical improvements remain budgeted at 4 $100,000. Design for these improvements is underway and a structural engineer evaluation is being scheduled.
Facilities
HVAC system for City Hall is being estimated for the budget. A new flat-roof for the Fire Station is being budgeted as well.
A kennel is planned for placement at Well 6 to provide for overnight emergency animal storage, to act as a transfer station to an animal control facility or return to the owner. Meetings are underway with Hollister PD to provide services. The Hollister City Manager has request a proposal for SJB from the Chief.
Equipment
“Fleet Electrification and Replacement” was budgeted last year at $250,000, but the 3CE grant arrived at $14,000. The current plan conceived by the City Engineer includes two charging stations; one private at the City Yard and one public at City Hall to be shared between the City and the public. For the Yard, this 5-year program is looking at 2 mid-size electric or hybrid utility trucks, and one full-size utility truck. For City Hall one sedan is being priced at less than $40,000. This would be a fleet vehicle. A second is needed to replace the current enforcement vehicle.
Special Projects
A Fee and Impact study was budgeted last year, but action was not taken. It remains budgeted for this fiscal year.
Storm Water Master Plan has been added
CAPITAL IMPROVEMENT BUDGET FY 24/25
6/13/2024
Projects Project # Balance
New, Decrease,
& Additional
Funds
FY 24/25
Budget
Street Projects
Hwy 156 RTL 20.03 559,259 250,000 809,259
PMP- Slurry Seal (7 streets) 21.22 202,725 202,725
Landscape for Third Street Improvements 22.06 40,500 40,500 Third Street Transformation 22.01 552,140 552,140
Sidewalk Repairs (combined with PMP) 23.01 180,800 180,800 Utility projects -
Rancho Vista Lift Station 20.05 125,000 125,000
Transfer Switches for Wells 1 + 5 21.07 10,262 10,262
Construct Fore Main to Hollister 23.02 17,900,000 (7,900,000) 10,000,000 Dias Lift Station Pump Ungrades 22.03 (78,302) 180,000 101,698 Telemetry 22.04 150,000 25,000 175,000
Lift Station Pump-Emergency Repl 22.05 25,000 25,000
Emegerncy Generators 21.23 170,000 170,000
WTTP Mid Year 22.06 25,000 25,000
Parks Projects -
Abbe Park Ball Field Lights 24.01 150,000 150,000
Track and Field Contribution 50,000 50,000
Luck Park Historical Improvements 23.03 23,520 75,000 98,520 Community Facilities Projects -
City Hall Improvements 23.08 25,000 75,000 100,000
Corporation Yard + Kennels 20-15 20,000 30,000 50,000
Fire Station-City Hall Emerg Gen 21.15 125,000 25,000 150,000 File Storage 20-04 15,000
Equipment -
Fleet Electricification/Replacement 24.02 250,000 250,000 Studies -
Impact Fee Nexus Study & CD Fee Study 21.10 35,000 35,000 70,000 Special Initiatives -
Urban Growth/Sphere of Infl 21.11 107,455 107,455
Housing Element 23.07 175,000 175,000
Public Safety Committee Initiative 22.02 200,000 200,000 Homeless Programs 10,000 (10,000) -
TOTAL 20,467,558 (6,634,200) 13,818,358
Item: 8.B
City Council Meeting
Date: June 18, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JUNE 18, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: A MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN
THE CITY AND SAN BENITO COUNTY REGARDING
DEVELOPMENT IN THE PLANNING AREA OUTSIDE CITY
LIMITS
RECOMMENDED MOTION:
Approve the attached Resolution approving a MOU between the City and the County regarding coordinated development review for prosed projects within the City’s proposed Planning Area, which is that area outside of the Sphere of Influence and City Political Boundary.
EXECUTIVE SUMMARY:
On October 17, 2023, the City Council adopted Resolution 2023-71 that approves a targeted General Plan Amendment to match a proposed sphere of influence and urban growth boundary as shown in the attached Map. It mostly aligns with the current City limits. The City then amended the scope of work with EMC that changes the Community Plan required for the LAFCO application to focus on infill development potential. The Urban Growth Boundary (“UGB”) Sphere of Influence (“SOI”) Committee shifted its focus to policy development for the Planning Area provided in the attached map.
Between January and May, LAFCO attended several of the Planning Area UGB/SOI Committee meetings. They advised the City to be certain it has an agreement in place before the SOI application is submitted. The Committee favors a more rigid form of policy than an MOU for this work. Sonoma and Ventura Counties took the concept to the voters, then after it was approved, adopted Ordinances. The attached MOU is intended to serve as a place-holder.
LAFCO anticipates receiving the City’s application in July, and has budgeted for a Municipal Service Review (“MSR”). Because the proposed SOI is so much smaller, the CEQA and MSR are anticipated to be simple and straight-forward.
Page | 2
BACKGROUND:
The City Council formed the UGB/SOI Committee in the summer of 2020 to evaluate and recommend a new SOI for LAFCO’s approval. The 2015-16 SOI was never approved by LAFCO. The City’s current SOI is from the prior General Plan and is geographically larger than the City Council prefers.
DISCUSSION
After several meetings between November and January 2023, the Planning Area definition became further refined from a single policy for the whole Planning Area, to a larger Planning Area with three distinct policy areas. These form concentric circles around the political boundaries of the City, as shown in the attached map. Each of the three areas has a policy to be followed by the County when an owner/developer applies for a development and/or a change in use. These three areas are referred to as “Tiers” as provided below in Sections 5-7 of the MOU:
5. Development in Tier 1. The City will be the lead agency with respect to evaluation and approval of any Development proposed within Tier 1. Persons and/or entities associated with any Development proposed within the Tier 1 are required to retain consulting services from a City-approved and vetted vendors list, and to work directly with the City on any development review required with respect to such proposed Development.
Further, all Development proposed within Tier 1 must be approved by both the City of San Juan Bautista Planning Commission (“Planning Commission”) and the City of San Juan Bautista City Council (“City Council”).
6. Development in the Tier 2. Persons and/or entities associated with any Development proposed within Tier 2 are required to present such proposed Development to the Planning Commission for a vote to support or not to support such proposed Development. A negative vote from the Planning Commission with respect to any Development proposed within Tier 2 may be appealed to the City Council. A vote of support for any such proposed Development from the Planning Commission will serve as a recommendation to the County to approve such proposed Development. However, the County will provide the final approval required for any Development proposed within Tier 2, and associated persons and/or entities will work directly with the County on any development review required with respect to any such proposed Development.
7. Development in the Tier 3. The County will be the lead agency with respect to evaluation and approval of any Development proposed within Tier 3. Persons and/or entities associated with any Development proposed within Tier 3 are required to notify both the City and County of such proposed Development but are not required to seek any recommendation or approval from the City, unless required by the County. The County will provide all required approvals for any Development proposed within Tier 3, and persons and/or entities associated with such proposed Development will work directly with the County on any development review required with respect to such proposed Development.
Item: 8.B
City Council Meeting
Date: June 18, 2024
Page | 3
In the Ventura County example, the three cities of Thousand Oaks, Simi Valley and Moorpark acted to slow growth and prevent the cities from expanding (“sprawl”) and creating indistinguishable metropolitan areas. A specific example can be found researching the area between Moorpark and Thousand Oaks. It is known as the “Tierra Rejada Greenbelt.” This was a controversial subject so the matter was place on the ballot for the voters to decide. Once approved, Moorpark changed its SOI to match its political boundaries, and both Ventura County and Moorpark adopted Ordinances to formalize the arrangement whereby Ventura County will not permit development in these greenbelts.
At Wednesday June 5, 2024 UGB/SOI Committee meeting, EMC reported that the Targeted General Plan Amendment- Infill Community Plan is in its final draft. It will come forward to the Committee, Planning Commission and City Council for approval this summer. If approved, it will become part of the formal application to LAFCO to modify the SOI/UGB anticipated in early Fall.
The Committee asks that the City Council consider and approve the MOU. If approved, the City will share it with the County for their consideration. Once the MOU is approved by both jurisdictions, the work on an Ordinance or Ballot measure will begin.
ATTACHMENTS:
Draft Resolution
SOI/UGB Maps
Planning Area Map
RESOLUTION NO. 2024- XXX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN SAN BENITO COUNTY AND
SAN JUAN BAUTISTA REGARDING DEVELOPMENT IN THE CITY PLANNING
AREA OUTSIDE THE CITY LIMITS
WHEREAS, on November 13, 2023, the City Council approved Resolution 2023-71 accepting a proposed sphere of influence, (“SOI”) urban growth boundary, (“UGB”) and Planning Area boundaries as recommended from the UGB-SOI Ad Hoc Committee; and WHEREAS, Resolution 2023-71 also approved the City’s intention to amend the 2035 General Plan targeting only those programs and policies affected by an amended SOI, focused on the potential for infill development; and
WHEREAS, Resolution 2023-71 also directed the UGB-SOI Ad Hoc Committee to work with San Benito County to establish a Planning Area policy in the form of a Memorandum of Understanding (“MOU”) for City Council consideration and adoption; and WHEREAS, following the election and re-organization of the City Council, UGB-SOI Ad-Hoc Committee re-grouped and began deliberation to develop an agreement with San Benito County specifically as it relates to development within the Proposed Planning Area, while the community infill plan is drafted for infill development to accompany the SOI application to the Local Agency Formation Commission (“LAFCO”); and
WHEREAS, during its January and February deliberations, as the terms of an MOU were drafted and it was recommended by LAFCO that the City have a good agreement with the County regarding the future development in the Planning Area before submitting an amendment to the SOI; and
WHEREAS, while considering an MOU between the City and County, the Planning Area was further defined to include a “three tier” approach consisting of three concentric circles around the City limits, as depicted in the attached map, each having a unique development process that in general terms as described in Section 5 (Tier 1), Section 6 (Tier 2), and Section 7 (Tier 3); and
WHEREAS; The Ad-Hoc Committee considered the use of stronger tools to make certain these development policies applied to parcels surrounding the City’s political boundaries for a long-term if not permanently; and
WHEREAS, a more permanent structure like those approved by ballot measures in Sonoma and Ventura Counties, (and subsequently became Ordinances approved by both the cities and the counties in those jurisdictions) is worthy of further consideration; and WHEREAS, the attached draft MOU is intended to be adopted and established as soon as possible, while the City continues to work on a possible ballot measure or at least a mutually approved Ordinance to affect the permanence of the development policies expressed therein.
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 adopts this MOU and the development policies described therein for development within the City’s Planning Area outside of its political boundaries.
3. Direct staff to work with the County and bring this MOU forward for approval by the Board of Supervisors as spoon as practicable.
4. It authorizes the City Manager and/or delegate to participate in the drafting of future revisions as required to bring forward an ordinance or ballot measure that will replace the MOU permanently.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at it regular meeting June 18, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Scott Freel, Mayor
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
Attachments; Three Tier Map, Draft MOU
1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SAN BENITO AND THE CITY OF SAN JUAN
BAUTISTA REGARDING DEVELOPMENT IN THE PLANNING AREA
WHEREAS, the City of San Juan Bautista’s (“City”) and the County of San Benito’s (“County,” and together with the City, “Party” or “Parties”) adoption of (i) General Plan policies and zoning regulations; (ii) the Guidelines for Orderly Development; and (iii) the Planning Area (as hereinafter defined), together with the County-administered Land Conservation Act (“LCA”) Program, demonstrates a long-term commitment to agricultural and open space land conservation; WHEREAS, establishment of a Planning Area, wherein the City of San Juan Bautista has legislative control and influence, is vital to the protection of the historical character and setting of the City, which underpins the City's cultural and economic well-being and community values;
WHEREAS, the Area of Concern, as defined in Section 4.4.1 of the City’s General Plan, extends beyond the city limits and encompasses the Planning Area; WHEREAS, Section 4.4.1 of the City’s General Plan provides that any project in the Area of Concern should notify the City and receive input from the City; WHEREAS, the City’s General Plan encourages urban growth boundaries that: (i) successfully limit sprawl; (ii) promote new growth in desirable areas and protect prime agricultural lands and viewsheds; and (iii) discourage subdivision of parcels in agricultural production;
NOW, THEREFORE, THE COUNTY OF SAN BENITO AND THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA HEREBY AGREE AS FOLLOWS:
1. Parties. This Memorandum of Understanding (“MOU”) is made and entered into by and between the County and City. The address of the County is 1111 San Felipe Road, Suite #107, Hollister, CA 95023. The address of the City is 311 Second Street, P.O.
Box 14290, San Juan Bautista, CA 95045.
2. Purpose. The purpose of this MOU is to establish polices to guide Development (as hereinafter defined) in a certain portion of the unincorporated area of San Benito County that is adjacent to and surrounding the City (“Planning Area”), as more particularly described in Exhibit A attached to the MOU. Exhibit A includes the boundary of 2 the entire Planning Area, and divides the Planning Area into 3 tiers: (i) The first tier (“Tier 1”), which surrounds the City’s political boundary and involves the highest level of City influence; (ii) the second tier (“Tier 2”) which surrounds the first tier and involves a lesser, medium level of interest; and (iii) the third tier (“Tier 3”) involving the least amount of City interest and influence. Through execution of the MOU, the City and County intend to define shared expectations for future policies concerning Development within each of the three tiers. This MOU is intended to evolve into an ordinance and/or agreement between the Parties that explicitly replaces and supersedes the MOU.
3. Term of MOU. The MOU is effective upon the date last signed and executed by the duly authorized representatives of the Parties to the MOU and the governing bodies of the Parties’ respective counties or municipalities and shall remain in full force and effect until the date that an ordinance and/or other agreement is executed by the Parties with respect to the Planning Area that, by its terms, explicitly replaces and supersedes the MOU.
4. Definition of Development and Structure. For the purposes of this MOU, “Development” and “Structure” shall have the same meanings attributed to those terms in California Government Code § 65927.
5. Development in Tier 1. The City will be the lead agency with respect to evaluation and approval of any Development proposed within Tier 1. Persons and/or entities associated with any Development proposed within the Tier 1 are required to retain consulting services from a City-approved and vetted vendors list, and to work directly with the City on any development review required with respect to such proposed Development.
Further, all Development proposed within Tier 1 must be approved by both the City of San Juan Bautista Planning Commission (“Planning Commission”) and the City of San Juan Bautista City Council (“City Council”).
6. Development in the Tier 2. Persons and/or entities associated with any Development proposed within Tier 2 are required to present such proposed Development to the Planning Commission for a vote to support or not to support such proposed Development. A negative vote from the Planning Commission with respect to any Development proposed within Tier 2 may be appealed to the City Council. A vote of support for any such proposed Development from the Planning Commission will serve as a recommendation to the County to approve such proposed Development. However, the County will provide the final approval required for any Development proposed within Tier 2, and associated persons and/or entities will work directly with the County on any development review required with respect to any such proposed Development.
7. Development in the Tier 3. The County will be the lead agency with respect to evaluation and approval of any Development proposed within Tier 3. Persons and/or 3 entities associated with any Development proposed within Tier 3 are required to notify both the City and County of such proposed Development but are not required to seek any recommendation or approval from the City, unless required by the County. The County will provide all required approvals for any Development proposed within Tier 3, and persons and/or entities associated with such proposed Development will work directly with the County on any development review required with respect to such proposed Development.
8. General Provisions.
A. Amendments. Either Party may request changes to the MOU. Any changes, modifications, revisions, or amendments to this MOU which are mutually agreed upon by and between the Parties to this MOU shall be incorporated by written instrument and practical when executed and signed by all Parties to the MOU.
B. Applicable Law. The laws of the State of California shall govern the construction, interpretation, and enforcement of the MOU. The courts of the State of California shall have jurisdiction over any action arising out of the MOU and over the Parties, and the venue shall be the County of San Benito Judicial District, California.
C. Entirety of Agreement. The MOU, consisting of four (4) pages, represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.
D. Severability. Should any portion of the MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either Party may renegotiate the terms affected by the severance.
E. Sovereign Immunity. The City and the County and their respective governing bodies do not waive their sovereign immunity by entering into the MOU, and each fully retains all immunities and defenses provided by law concerning any action based on or occurring as a result of the MOU.
9. Signatures. In witness of which, the Parties to the MOU through their duly authorized representatives have executed the MOU on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of the MOU as set forth herein. The effective date of the MOU is the date of the signature last affixed to the following page.
County of San Benito:
4 Name and Title Date
Signature
City of San Juan Bautista:
__________________________________
Don Reynolds, City Manager Date
__________________________________
Signature
APPROVED AS TO LEGAL FORM:
Irma Valencia, San Benito County Deputy Counsel
By: ________________________________ Date: __________________________ APPROVED AS TO LEGAL FORM:
City of San Juan Bautista
By: ________________________________ Date: __________________________ ±
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Map Created May 2024
Avenida del Piero
Rocks Rd
156
Salinas Rd
1st St
Third
St
Prescott Rd
1 st
St
1st St
San Juan Hwy
San Justo Rd
156
San Juan
Bautista
Cemetery San Juan
Bautista
Lang St
Salinas Rd
G1
G1
156
Abbe
Recreation Park
Breen Rd
Cagney Rd
Lucy Brown Ln
San Justo Rd
Hedges Rd
San Juan Hollister Rd
San Juan Canyon Rd
156 San Juan Hollister Rd
Hedges Rd
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Olympia Ave
Bixby Rd
Duncan Ave
156 Morse
Hedges Rd
FRANKLIN ST
WASHINGTON ST
FIRST ST
SALINAS RD
SAN JUAN CANYON RD
THE ALAMEDA
RANCHO WAY
STEPHENS DR
MUCKELEMI ST
LANG ST
B RD
GROSCUP WAY
MONTEREY ST
CAETANO PL
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MARENTIS CT
POLK ST
FREITAS RD
FRANKLIN CT
LAVAGNINO DR
VIA PADRE
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VIA SERRA
CALLE SAN ANTONIO
HWY 156
LANG CT
PEARCE ST
SECOND ST
SIXTH ST
SAN ANTONIO ST
SAN JOSE ST
NORTH ST
JEFFERSON ST
TAHUALAMI ST
DONNER ST
CHURCH ST
MARIPOSA ST
CEDAR CT
COPPERLEAF LN
MISSION ST
PEARCE LN
CYPRESS LN
TRAILSIDE CT
VIA VAQUERO NORTE
EL CIRCULO DEL REAL
BREEN RD
LUCY BROWN LN
ROCKS RD
AVENIDA DEL PIERO
VIA RODRIGUES
KURASAKI DR
MISSION VINEYARD RD
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SAN JUAN HOLLISTER RD
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RENTON CT
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VISTA WAY
CALLECRU
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AHWAHNEE ST
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THOMAS LN
BIXBY RD
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SAN JUAN HWY
VIA JUAN PABLO
LAUSEN DR
LARIOS DR
PRESCOTT RD
OLD STAGECOACH RD
CAGNEY RD
GRAND VIEW DR
OLYMPIA AV
DUNCAN AV
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