City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
CITY COUNCIL
REGULAR MEETING
TUESDAY, JULY 16, 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
JOINT CITY COUNCIL/URBAN GROWTH BOUNDARY/SPHERE OF INFLUENCE
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
WORKSHOP
A. Review the the Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits, and provide direction to the Committee.
CLOSE JOINT MEETING / OPEN CITY COUNCIL SPECIAL MEETING Page | 2 City Council June 18, 2024
CITY COUNCIL MEETING AGENDA
2. INTRODUCTION
A. Introduce Code Enforcement and Community Services Officer Oscar Soto.
3. PROCLAMATION
A. Proclamation to honor the retirement of Code Enforcement Officer Richard “Rich” Brown.
4. PRESENTATION
A. San Benito Agricultural Land Trust, Conserving Agricultural Land and Open Space in San Benito County - Lynn Overtree, Executive Director, San Benito Agricultural Land Trust
5. PUBLIC HEARING
A. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 for Fiscal Year 2024-25 (Continued from June 18, 2024)
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.
6. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.
7. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
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
8. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.
A. Approve the Affidavit of Posting Agenda.
B. Approve a RESOLUTION Authorizing a Closure of Streets for NorCal Dubaffair Special Event on July 27, 2024.
Page | 3 City Council June 18, 2024
C. Approve a RESOLUTION Adopting a City Holiday Schedule for Fiscal Year 2024-2025 D. Amendment to the Permanent Local Housing Allocation (“PLHA”) Program (Total Value $455,999) Alocating 95% of 2020-2024 Grant Fuds ($361,000) from Accessory Dwelling Unit (“ADU”) Code Compliance to Support Building Affordable Housing in the City Recommendation: Approve a RESOLUTION amending the 5-year PLHA program ($455,999) by changing the use of funds from program years 2020-2024, ($361,000) from the ADU Compliance program to support building affordable housing with the San Benito Health Foundation at 70 Muckelemi Street, and authorize the City Manager to execute the agreements necessary to implement it
E. Approve the Special Meeting Minutes of June 3, 2024.
F. Approve the Regular Meeting Minutes of June 18, 2024.
9. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.
A. 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.
B. Appoint a Member of the City Council to serve on the Urban Growth Boundary/Sphere of Influence Committee
Recommendation: Appoint a Member of the City Council to servefill a Vacancy left on the Urban Growth Boundary/Sphere of Influence Committee.
C. League of California Cities (LCC) Voting Delegate
Recommendation: Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.
10. DISCUSSION
A. Discussion of the Status of the Fire Advisory Committee Meetings.
11. FUTURE AGENDA ITEMS
12. 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 Page | 4 City Council June 18, 2024
minimum of 48 hours prior to the meeting at (831) 623-4661.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.
SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045), or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting. Written comments will be read into the record provided that the reading does not exceed three (3) minutes.
PUBLIC NOTIFICATION
This agenda was posted on Friday, July 12, 2024, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website.
Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.
Conserving Agricultural Land and
Open Space in San Benito County
San Juan Bautista Planning Commissioners Meeting
July 2, 2024
Agenda
• Who is SBALT?
• Importance of agriculture locally and
statewide
• SBALT Programs
• How we intersect with cities and the
county
• Benefits to agriculture and our
communities
• Current SBALT Activities
SBALT…
• is a private 501(c)(3) nonprofit corporation formed in 1993 • permanently preserves farmland, rangeland, and open space for the benefit of all
• received national accreditation from the Land Trust Accreditation Commission in February 2022
• protects 7,300 acres in San Benito County and beyond
Agenda
• Who is SBALT?
• Importance of agriculture locally and
statewide
Resilient Agriculture =
Resilient Communities • California produces more than 1/3 of the country’s vegetables (CDFA)1 • California produces nearly ¾ of the country’s fruits
and nuts (CDFA)1
• 20% of the US agricultural production is exported
(USDA)2
• Economic multipliers – each $1 million generates $2.6 million • San Benito County’s $350 million crop value (Crop
Report 2022)3 – Agriculture is the County’s #1 job producer • Multiple public and environmental benefits:
• Agriculture and food processing = local
employment
• Maintaining ecosystems and open space
• Aquifer recharge benefits from surface water
irrigation
• Climate change mitigation and resilience
Sources: 1. California Dept of Food and Agriculture Website
2. US Dept of Agriculture Website
3. San Benito County Agricultural Commissioner’s Crop Report 2022 California…
Over 1.6 million acres of agricultural land in
California were converted to non-agricultural
uses (1984-2018)
…a rate of nearly 50K acres annually or
nearly one square mile every five days…
Prime
Farmland
Farmland of
Statewide
Importance
Grazing
Land
LOSS BY TYPE OF
AGRICULTURAL LAND
Source: 2016-2018 California Farmland Conversion Report.
California Dept. of Conservation 2022
Finding balance between agricultural land
and development is a challenge
San Benito County…
• Agriculture is the county’s #1 industry, generating 4,170 jobs1 • Population grew by 17.8% from 2010 to 2020, the second largest in the state2 • There is enormous pressure to convert farmland to housing and commercial infrastructure to address local and Bay Area needs
Sources: 1. San Benito County Comprehensive Economic Development Strategy 2023 -2027
2. 2020 Census Data
Agenda
• Who is SBALT?
• Importance of agriculture locally and
statewide
• SBALT Programs
SBALT’s Programs
• Conservation easements
• Property acquisition
• Mitigation for development
• Land use policy
• Public access
SBALT’s Programs
• Conservation easements
• Willing landowner chooses
to sell or donate their
development rights to SBALT
• The development value in
northern San Benito County:
• ~10-20% for farmland
• ~30-50% for rangeland
• The easement deed is
recorded at the county.
• The easement remains with
the property when sold
SBALT’s Programs
• Property Acquisition
• Rancho Larios Open Space
• 520 acres of open space
surrounding the homes
• Donated to SBALT in 2004
• Nyland Property
• 540 acres purchased by our
partner, the Trust for Public
Land, and donated to SBALT
in 2023.
• More in the pipeline
• These lands give SBALT
firsthand experience as
landowners, like those we
serve
SBALT’s Programs
• Mitigation for Development
Impacts
• Farmland
• 1:1 for conversion of
“Important Farmland”
• Endangered Species
• California tiger salamander
• California red-legged frog
• Vernal pool fairy shrimp
SBALT’s Programs
• Land Use Policy
• City of San Juan Bautista
• Sphere of Influence
• City of Hollister
• General Plan Update
• San Benito County
• Agricultural Element
• San Benito Economic
Development Corporation
• Comprehensive Economic
Development Strategy 2023
SBALT’s Programs
• Public Access
• Ranch Days
• Martin Luther King Day of
Service
• Post-Thanksgiving Hike
Agenda
• Who is SBALT?
• Importance of agriculture locally and
statewide
• SBALT Programs
• How we intersect with cities and the
county
North County Land Use
San Juan Bautista
Hollister
Prime Farmland
Farmland of Statewide Importance
Unique Farmland
Farmland of Local Importance
Grazing Land
Urban and Built-Up Land
County Boundary
City Limits
Source: California Dept. of Conservation’s Farmland Mapping and Monitoring Program, 2018 Reducing the Impact on Ag
During development process, each project will be
assessed through the California Environmental
Quality Act (CEQA) process. The impact on
agriculture is one of the areas of consideration.
If there is the potential impact to agriculture,
there will be three options:
• Avoidance
• Minimize Impacts
• Mitigation for Unavoidable Impacts
Avoid Impacts
Minimize Impacts
Mitigate Impacts
More Effective Less Effective
Avoid Impacts
• Design the project so that it does
not impact agriculture.
• Encourage infill development
(SBECD CEDS Objective #2B)*
Source: San Benito County Comprehensive Economic Development Strategy 2023 -2027 Minimize Impacts
• Establish greenbelts around
communities
• Formalize ongoing cooperation
between LAFCO, cities, and County
(e.g. MOUs in Monterey and San Luis
Obispo Counties)
• Delineate clear urban-rural
boundaries
• Develop efficiently AND densely
(Hollister promotes 6 - 8 units/acre in
Performance Overlay Zone)
• Justify lack of existing vacant land in
cities prior to annexing county land
• Right to Farm policies
Source: San Benito County Comprehensive Economic Development Strategy 2023 -2027 Mitigate Impacts
• Require mitigation at a minimum
of 1:1 ratio of easement area for
farmland lost (Yolo County
requires 3:1*)
• Require sufficient in-lieu fees
(cover costs of easement
acquisition plus easement
management)
• Direct mitigation easements to
the urban edge (or at least in the
same county)
Source: Yolo County Code Section 8-2.404 Agricultural Conservation and Mitigation Program Agenda
• Who is SBALT?
• Importance of agriculture locally and
statewide
• SBALT Programs
• How we intersect with cities and the
county
• Benefits to agriculture and our
communities
Conservation Landowner Benefits
• Expand agricultural operations
or equipment
• Reduce the cost of buying land
• Buy out partners
• Leave a legacy for their family’s
future generations
• Protect habitat for plants and
wildlife
Community Benefits from
Conservation
• Financial support for local farmers
and ranchers to prosper
• Support for the next generation of
farmers and ranchers to raise their
families
• Access to fresh, healthful food
• Continuation of the rural heritage
of San Benito County
• Open space that promotes health
through aesthetic and recreational
opportunities.
• Protection of Indigenous cultural
heritage
• Revenue from agricultural-based
tourism
Agenda
• Who is SBALT?
• Importance of agriculture locally and
statewide
• SBALT Programs
• How we intersect with cities and the
county
• Benefits to agriculture and our
communities
• Current SBALT Activities
July Ranch Day - Barn Stabilization Tour
•Sunday, July 7th
• 9:00am – Noon
•Visit the iconic barn on
the old Nyland property
to see and learn about
the effort to save this
historic building.
Barn Stabilization Fundraising
•We are raising $70,000
for this effort
•John Nyland has
donated $50,000
•Donors have given
another $10,000
•We need a final $10,000
to complete the job!
San Benito Wildfire Resilience Program
•Community Wildfire Protection
Plan 10-Year Update
•Community Meeting
•Wednesday, July 17th
•6:00 – 8:00pm
•St. Francis Retreat
•Dinner Included
•Small Groups for Community
Input
Foster Ranch Farm Tour
• Saturday, August 24th
• 2:00 – 3:30 Farm tour by Phil
Foster
• 3:30 – 5:00 Reception featuring
appetizers made from the farm’s
produce
• $25 each or $40 for both
• Space limited
The mission of the San Benito Agricultural Land Trust
is to conserve regionally significant lands that
sustain productive agriculture,
preserve open space and
maintain the rural character of the county.
Land Trust Tools
• Conservation easements
• Property acquisition
• Mitigation for development
• Partnerships with other
land trusts and public
agencies
• Public policy
Item No. #XX
City Council Meeting
July 16, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JULY 16, 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
July 16, 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
July 16, 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
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
Item: #XX
City Council Meeting
July 16, 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, at the June 18, 2024 City Council meeting, constituents representing the Valle Vista Landscape and Lighting Maintenance Assessment District (VVLLMAD), raised concerns related to the annual assessment fee increases, coupled with additional concerns related the quality of service provided by the current landscape contractor; it was concluded that a continuance would be granted to allow for a future meeting to occur between the community and representatives from the city to address said concerns; and WHEREAS, a meeting was held on July 11, 2024 at 6 p.m. at the Carl Martin Luck Memorial Library in accordance with the directive issued at the June 18th, 2024 City Council meeting where city staff provided a presentation to update the community on progress related to both the landscape contractor concerns and to propose annual assessment fee options to the VVLLMAD community. Attendees included City Manager Don Reynolds, Jerry Sanguinetti MNS Engineers, 18 members of the VVLLMAD community, and Mayor Pro Tem Leslie Jordan.
After the presentation and a spirited Q&A session concluded, the community asked that the city provide a third annual assessment fee option; and
WHEREAS, said third option request was to provide a “break-even” annual assessment increase to ensure the community parcel tax was reasonable without negatively impacting the current operating reserve fund balance; and to proceed with the levy of the assessment in connection with the District for Fiscal Year 2024-25; and WHEREAS, on July 16, 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.
Item: #XX
City Council Meeting
July 16, 2024
Page | 2
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 July 12, 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 $1080.50.
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 by the San Juan Bautista City Council on this 16th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Item: #XX
City Council Meeting
July 16, 2024
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 16th day of July, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Deputy City Clerk
VALLE VISTA
LIGHTING AND LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
FISCAL YEAR 2024 - 2025
JULY, 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
JULY, 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: July 12, 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 12th day of July, 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 12th day of July, 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 rights-of-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 Bautista
Revenues ~ Budget Vs. Actual
For the Eleven Month Period Ended May 31, 2024
Item #5E
City Council Meeting
July 16, 2024
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 92% Notes
General Fund 2,512,224 2,199,500 2,142,500 (1,593,243) 103% Special Revenue Funds:
Capital Projects Fund 2,487,141 343,707 2,836,845 (2,703,471) 12% A Community Development 86,580 199,187 404,514 (393,098) 49% B COPS 135,360 149,769 100,000 (75,000) 150% C
Parking & Restroom Fd 23,892 26,577 28,000 (16,269) 95% Gas Tax Fund 85,776 90,840 101,000 (76,799) 90%
Valle Vista LLD 24,318 23,551 23,889 (17,919) 99%
Rancho Vista CFD 60,978 67,068 67,512 (49,481) 99%
Copperleaf CFD 20,763 22,652 23,165 (12,240) 98%
Internal Service Funds:
Blg Rehab. & Replace 34,833 34,833 38,000 (28,500) 92%
Vehicle Replacement 55,000 55,000 60,000 (45,000) 92%
Enterprise Funds:
Water
Operations 1,134,438 1,407,135 1,345,000 (904,085) 105% Sewer
Operations 1,380,944 1,583,732 1,390,000 (943,950) 114% TOTAL Funds 8,042,247 6,203,551 8,560,425 (6,859,055) 72% 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 Eleven Month Period Ended May 31, 2024
Item #5E
City Council Meeting
July 16, 2024
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 92% Note
General Fund 1,724,046 2,088,948 2,117,980 (29,032) 99% Special Revenue Funds:
Capital Projects Fund 2,487,141 343,707 2,836,845 (2,493,138) 12% A Community Development 632,868 850,291 674,036 176,255 126% COPS 91,667 91,667 100,000 (8,333) 92%
Gas Tax Fund 18,474 18,889 21,500 (2,611) 88%
Valle Vista LLD 25,711 28,938 22,782 6,156 127%
Rancho Vista CFD 33,537 47,476 42,077 5,399 113%
Copperleaf CFD 17,742 25,695 16,645 9,050 154%
Development Impact Fee Funds
Public/Civic Facility 2,475 2,475 2,700 (225) 92%
Library 4,070 4,070 4,440 (370) 92%
Storm Drain 3,146 3,146 3,432 (286) 92%
Park In-Lieu 275 275 300 (25) 92%
Public Safety 781 781 852 (71) 92%
Traffic 396 396 432 (36) 92%
Enterprise Funds:
Water:
Operations 678,390 645,078 828,749 183,671 78%
Capital 13,475 83,001 (83,001)
Sewer
Operations 861,965 796,350 1,227,618 431,268 65%
Capital 511,333 7,355,030 18,497,240 11,142,210 40% A
TOTAL Funds 7,107,492 12,386,213 26,397,628 9,336,881 47% Footnotes:
A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.
Additionally, some projects have been moved to the next fiscal year.
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 5/1/2024 Through 5/31/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
5/7/2024 217583 ACWA Health Benefits Authority 13,187.86 5/7/2024 217584 ADP Screening & Selection Services 51.88 5/7/2024 217585 AFLAC 1,079.45
5/7/2024 217586 American Supply Company. 96.03
5/7/2024 217587 AVAYA 250.66
5/7/2024 217588 California Consulting, Inc. 288.75
5/7/2024 217589 CALNET 398.44
5/7/2024 217590 Canon Financial Services, Inc 600.62
5/7/2024 217591 Central Coast SBDC 1,000.00
5/7/2024 217592 Clark Pest Control 119.00
5/7/2024 217593 Cypress Water Services 22,820.00
5/7/2024 217594 Data Ticket Inc. 200.00
5/7/2024 217595 David J. Powers & Associates, Inc. 439.00 5/7/2024 217596 Department of Transportation 604.29
5/7/2024 217597 Design Line & Granger 305.90
5/7/2024 217598 Elizabeth Soto 50.00
5/7/2024 217599 EMC Planning Group Inc. 6,189.94
5/7/2024 217600 Government Forms and Supplies 34.84
5/7/2024 217601 J Farnese Trucking Inc 405.00
5/7/2024 217602 Jessica Snow 230.00
5/7/2024 217603 Kysmet Security & Patrol Inc 12,426.00
5/7/2024 217604 Margot's Ice Cream Parlor. 450.00
5/7/2024 217605 McDonald Hopkins LLC 895.50
5/7/2024 217606 Midwest Tape 93.61
5/7/2024 217607 MNS Engineers, Inc. 71,148.75
5/7/2024 217608 Monterey Bay Analytical Services 4,906.00 5/7/2024 217609 New SV Media 298.80
5/7/2024 217610 Pacific Crest Engineering Inc. 202.50
5/7/2024 217611 Postmaster 1,000.00
5/7/2024 217612 Ready Refresh 214.97
5/7/2024 217613 Rojas Communications Group 2,500.00
5/7/2024 217614 Ross Recreation Equipment, Inc. 203.15
5/7/2024 217615 Rx-Tek 150.00
5/7/2024 217616 San Benito County Environmental Health 442.00 5/7/2024 217617 Smith & Enright Landscaping 5,540.00
5/7/2024 217618 State Compensation Insurance Fund 5,109.50 5/7/2024 217619 SWANK Motion Pictures, Inc 1,625.00
5/7/2024 217620 T-Mobile 270.09
5/7/2024 217621 Wendy L. Cumming, CPA 7,053.75
5/7/2024 217622 Wright Bros. Industrial Supply 143.71
5/15/2024 217579 P G & E 15,318.70
5/15/2024 217580 P G & E 21,176.33
5/15/2024 217581 US Bank 4,194.14
5/15/2024 217582 P G & E 15,997.32
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 5/1/2024 Through 5/31/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
5/15/2024 217623 Specialty Construction, Inc. 1,312,399.50 5/23/2024 217624 4Leaf, Inc. 20,252.67
5/23/2024 217625 A Tool Shed, Inc. 656.45
5/23/2024 217626 AFLAC 1,079.45
5/23/2024 217627 at&t 124.21
5/23/2024 217628 att.com 66.99
5/23/2024 217629 Baker Supplies and Repairs 39.85
5/23/2024 217630 Canon Financial Services, Inc 476.55
5/23/2024 217631 Charter Communications 604.99
5/23/2024 217632 Citygate Associates, LLC 5,311.85
5/23/2024 217633 Clark Pest Control 119.00
5/23/2024 217634 Data Ticket Inc. 600.00
5/23/2024 217635 DBA Alarm & Security, Inc. 3,881.00
5/23/2024 217636 EMC Planning Group Inc. 16,426.07
5/23/2024 217637 Ferguson Enterprises LLC 207.30
5/23/2024 217638 Guys Gutter Inc 2,200.00
5/23/2024 217639 Hamner Jewell Associates 1,293.82
5/23/2024 217640 Hollister Auto Parts, Inc. 742.08
5/23/2024 217641 Kennedy, Archer & Giffen 42,353.00
5/23/2024 217642 Margot's Ice Cream Parlor. 270.00
5/23/2024 217643 MNS Engineers, Inc. 45,601.63
5/23/2024 217644 Monterey Bay Analytical Services 1,607.00 5/23/2024 217645 Nancy Hernandez 700.00
5/23/2024 217646 New SV Media 201.20
5/23/2024 217647 Ready Refresh 209.63
5/23/2024 217648 Regional Government Services 7,335.63
5/23/2024 217649 Roy Morales 121.92
5/23/2024 217650 Rx-Tek 5,334.41
5/23/2024 217651 Salvador Perez Jr 700.00
5/23/2024 217652 Smith & Enright Landscaping 397.00
5/23/2024 217653 Tri-County Fire Protection, Inc. 358.28 5/23/2024 217654 Hollister True Value 412.59
5/23/2024 217655 Univar Solutions 880.86
5/23/2024 217656 US Bank 5,879.46
5/23/2024 217657 Valero Wex Bank 700.15
5/23/2024 217658 Wendy L. Cumming, CPA 7,796.25
5/23/2024 217659 World Archives 750.00
5/23/2024 217660 Wright Bros. Industrial Supply 55.20
Report Total 1,707,857.47
CITY MANAGERS REPORT JULY 2024
Community Development
Special Town-Hall Meeting on Housing Element (low attendance) Considered the Affordable Housing Committee
Required to be a stand alone Agenda
Standing Forum for housing rights hearings
State to reply to first review in July
Zoning Code Changes- TULP and Food Trucks
2 Town Hall meetings
Good feedback from local business owners
Agreed to draft a map for food truck locations
Continued from the July PC to August
Met with Hapa Brothers to discuss draft map
CITY MANAGERS REPORT JULY 2024
Community Development
Public Local Housing Allocation – reprogram grant funds on this agenda
Closing out the ADU program
Keeping funds for local affordable housing work
Closing out Grant funds used for Inclusionary Housing
SB2, REAP and LEAP funds
Current Planning
Casa Rosa – Affordable Housing Agreement
New Deli on Muckelemi ready to open soon
Issued two stop work orders on historic properties
One will be presented to HRB August 6
Loayza and future development plans
CITY MANAGERS REPORT JULY 2024
Community Development
PC Sign Ordinance Discussion
“A-Frame Signs”
No Neon Signs- upheld
Need for definition of Window as signs
Permanent vs Temporary signs
“Flags” need to be defined in the code
Code Enforcement in Transition
Oscar Soto and Rich worked well together to transition
Working with Legal to strengthen Enforcement fines
CITY MANAGERS REPORT JULY 2024
CFDs and Assessment District Renewals
Spent a lot of time with Valle Vista residents
Toured property with Landscape Contractor’s Operations Chief Reflected in 07.16.24 revised staff report and resolution Preparing for submittal to County Property tax Assessor’s Office Coordinated Budget deliberations with fiscal reporting
Trained staff on Cleargov Financial Software
Welcomed Oscar Soto to Code Enforcement; Retired Rich Brown Working on HR Policy Updates, CM completed 3 Evaluations with 2 to go Recruiting soon for Associate Planner
CITY MANAGERS REPORT JULY 2024
Rojas Communication (Lobbyist)
Arranged several meetings with federal reps
Monday 8th- Lofgren
Wednesday the 10th with Butler’s office
Friday the 12th with Padilla
Focused on Water
Support from the SKAG program @ $1.1 million
Support from a second Potential “WRDA”
Army Corp of Engineers
Seeking $10 million- could be $3 million
In Committee now, if approved still needs funding
Funding authorization may not be until January 2025
CITY MANAGERS REPORT JULY 2024
Public Safety Report
Fire Works
Abandoned Vehicles
Code Enforcement Transition
County-wide Training for First Responders
Special Event
July 13 -14
Schedule
Improving the Process
Fire Advisory Council (later on this Agenda)
Fire Service Contract (Interim and long-term)
Need County feedback on Station 4
Fire District Formation
CITY MANAGERS REPORT JULY 2024
Recreation
Volunteer Program Approved
1 st of July a big success w- live Music
Abbe Park event - change to once per month
Support from YMCA to lead programs
Looking for other contractors for rec. program support
Youth Alliance in Transition
Helping with Special Events
Integrated Waste Local Program outreach
CITY MANAGERS REPORT JULY 2024
Water Import
Met with District June 26th
Focus on the Pipeline Agreement
District procurement process meets Federal Regs?
Funding conversation moving forward quickly
Wastewater
Soon to be done in Rancho Vista
Received Settlement Agreement Extension
From June 20, 2024, until the fall of 2025
City of San Juan Bautista
June 2024 Monthly Public Safety Update
Report Created by Public Safety Coordinator Roy Morales 07/01/2024 1
Roy Morales- Public Safety Coordinator
CONTENTS
Report Created by Public Safety Coordinator Roy Morales 07/01/2024
• 3-Towed vehicles-expired
registration / abandoned
• 1-Towed from Los Padrinos
• 1- DUI arrest
• 1- Stolen car- 1000 block of
Lavagnino (family member S)
• June 20th--SJPD arrest’s on 4th
St. related to SJ side show attack
on officer
• 3-Fires
• Grass fire- Anzar Rd
@ Oak View Crt.
• Car fire- HWY101
• 14-Medical emergencies
• 11-Vehicle accident
responses
• 4 within the city
• 6-Inspections- Weed
abatement
2 Code Enforcement
• 0-Animal Control cases
• Rich continued uploading all
files onto the drive for transition
to new code enforcement officer
• 2- parking citations
• Rich focused on planning 4th of
July enforcement plan
Current Projects
• Completed first round of Work Place Violence staff training • Code Enforcement / CSO
o Oscar Soto started July 1st.
o Onboarding started
• 4th of July
• Social media public messaging
o Signage & cameras placed at strategic areas within the city o Contracted additional security for the entire week (7/3-7/7) o 3 administration citations
o Bent door at soccer field restroom
o Wildland fire caused by a bottle rocket behind 137 Lang. Hollister responded with CalFire who provided: 2 CDCR work crews, a fixed wing plane & helicopter
Report Created by Public Safety Coordinator Roy Morales 07/01/2024 3
Future Projects
• Develop proactive Code Enforcement plan for addressing non compliant properties / abandoned vehicles
• IworQ training with 4Leaf
• Additional Flock camera’s in Copperleaf area
Report Created by Public Safety Coordinator Roy Morales 07/01/2024 4
AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, Under the Penalties of Perjury That I Am the Acting City Clerk / Administrative Services Manager in the City of San Juan Bautista and That I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the 12th day of July 2024, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.
1. On The Bulletin Board at City Hall, 311 Second Street.
2. On The Bulletin Board at The City Library, 801 Second Street.
3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 12th day of July 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
Acting City Clerk / Administrative Services Manager
Page | 1
RESOLUTION NO. 2024-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING CLOSURE OF STREETS FOR CERTAIN SPECIAL EVENTS IN 2024 WHEREAS, The City has received an application for a Special Event in 2024, and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:
NorCal Dubaffair
July 27, 2024, from 6 AM- 6:30 PM
Third St. from Frankin St. & Muckelemi St. (Exhibit A)
With cross streets blocked between Second St. and Fourth St. (Including Washington, Mariposa, and Polk)
BE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:
1. All conditions and requirements of agencies, including the Fire Marshall, San Benito County Sheriff, Building Official, Public Works Director, San Benito County Health Dept., San Benito County Integrated Waste Management, Community Development Director shall be met prior to, during, and after the event in the manner deemed necessary by the City Manager.
2. Prior to each event, Sponsors shall submit an agreement to reimburse the City in accordance with an invoice duly issued by the City to cover City expenses as deemed necessary by the City Manager to support administrative, material and City staff time associated with the Street Closure.
PASSED AND APPROVED by the San Juan Bautista City Council on this 16th day of July 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________
Scott Freels, Mayor
Page | 2
ATTEST:
_______________________________________
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Item # 5.C
City Council Meeting
July 16, 2024
RESOLUTION NO. 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA ADOPTING A HOLIDAY SCHEDULE FOR THE FISCAL YEAR 2024-2025 WHEREAS, there are holidays to commemorate and celebrate events and lives of people who have made significant contributions to our City, County, State and Country, and WHEREAS, the City of San Juan Bautista wishes to participate in said celebrations, and WHEREAS, the adoption of a holiday schedule is part of the preparation of an annual municipal budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Bautista adopts the following holiday schedule for the Fiscal Year 2024-2025:
Thursday, July 4, 2024 Independence Day
Monday, September 2, 2024 Labor Day
Monday, November 11, 2024 Veterans Day
Thursday & Friday, November 28 & 29, 2024 Thanksgiving Day and the Day After Tuesday & Wednesday, December 24 & 25 2024 Christmas Eve and Christmas Day Wednesday, January 1, 2025 New Year’s Day
Monday, January 20, 2025 Martin Luther King Jr. Day
Monday, February 17, 2025 President’s Day
Monday, May 26, 2025 Memorial Day
Thursday, June 19, 2025 Juneteenth
Two (2) Floating Holidays City Manager Approved
PASSED AND APPROVED the San Juan Bautista City Council on this 16th day of July, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: APPROVED:
_________________________
ATTEST: Scott Freels, Mayor
____________________________
Elizabeth Soto, Acting City Clerk
Item: 8.D
City Council Meeting
July 16, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: AMENDMENT TO THE PERMANENT LOCAL HOUSING
ALLOCATION (“PLHA”) PROGRAM (TOTAL VALUE
$455,999) ALLOCATING 95% OF 2020-2024 GRANT FUNDS
($361,000) FROM ACCESSORY DWELLING UNIT (“ADU”)
CODE COMPLIANCE TO SUPPORT BUILDING
AFFORDABLE HOUSING IN THE CITY
RECOMMENDED MOTION:
Approve a Resolution amending the 5-year PLHA program ($455,999) by changing the use of funds from program years 2020-2024, ($361,000) from the ADU Compliance program to support building affordable housing with the San Benito Health Foundation at 70 Muckelemi Street, and authorize the City Manager to execute the agreements necessary to implement it.
RECOMMENDATION:
Adopt the attached Resolution and submit the change of use of the 2020-2024 PLHA program funds from ADU Compliance to support building affordable housing in the City and submit the amendment to the State Housing and Community Development (“HCD”) for approval, and execute an agreement with the San Benito Health Foundation’s property at 70 Muckelemi Street.
BACKGROUND
SB2 established several different housing grant funds as incentives for local government to move affordable housing forward. The details of the program can be found at this link https://www.hcd.ca.gov/grants-and-funding/programs-active/permanent-local-housing-allocation This link is the source of the information provided below:
Funding will help cities and counties:
• Increase the supply of housing for households at or below 60% of area median income • Increase assistance to affordable owner-occupied workforce housing • Assist persons experiencing or at risk of homelessness Page | 2
• Facilitate housing affordability, particularly for lower- and moderate-income households • Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation, and
• Ensure geographic equity in the distribution of the funds.
The City has struggled to spend the PLHA funds within the 58-month deadline. This is due to HCD not issuing the Notice of Funding Availability until the fall of 2022. On April 14, 2024, to avoid the State taking back the 2019 funds, the City Council approved and re-programmed them from ADU compliance to homeless services. The ADU program was pushed back to years 2020-
24. The State HCD requirements for the ADU are much more restrictive than originally understood.
Rather than granting ADU owners $15,000 and reimbursing them for code compliance costs, HCD requires the assistance to be a loan. The ADU’s are subject to recorded deed restriction for a term of 55-years, to assure compliance with income levels, at or below 60% of the City’s median income for a family of 4. Only one application was received.
• The median income in Saan Juan Bautista in 2024 is $122,400 for a family of 4. To qualify for a deed restricted loan at 60% of the median income is an income level at or below $73,440 per year for a family of 4. The annual rent would be restricted to 33% of this income level or approximately $2,020 per month.
In the April 14, 2024 report, staff shared that without land controlled for the purpose of building affordable housing, the amount of funds allocated to San Jaun Bautista are insufficient to build affordable housing, but could in the future be leveraged to do so. Until recently, the speed at which the money had to be used to build housing seemed unsurmountable. Staff has learned that predevelopment expenses (already incurred) for affordable housing do qualify. These include soft costs like design, site plans and parcel maps. The San Benito Health Foundation homes planned for the property they bought at 70 Muckelemi Street will qualify.
DISCUSSION:
A new deadline to encumber the 2020 funds of June 30 2024 was shared by HCD in May, that if not met, the City could risk losing the funds. The Foundation plans to build low-income housing/workforce housing at its property at 70 Muckelemi Street. Discussions with the Health Foundation based upon the attached letter, have resulted in an informal OK from HCD. A development application was submitted and paid for in November 2023. It includes the attached site plan for the affordable housing project. The application has been reviewed by staff and returned as incomplete, but obviously, the housing concepts are being developed now. Foundation is incurring housing development costs that are eligible for this grant.
While the City does not have an affordable housing trust fund, or funds set-aside for this purpose, it can help by partnering in grant applications. It is impossible to build affordable housing without grants and low interest loan subsidies. The PLHS funds support this initiative. They also keep the funds focused on City residents, instead of contracting to build affordable housing in another jurisdiction.
Item: 8.D
City Council Meeting
July 16, 2024
Page | 3
Related to this idea, is a partnership between the City and Foundation to submit a federal Community Development Block grant application later this fall. SJB is not a disadvantaged community, because less than half of the residents earn more than 50% of the median income. But it can qualify for a “project specific” application for CDBG. This could help provide funding deed restricted affordable housing for public improvements like sidewalks, utility connections, street trees and lighting. It can pay to improve and connect both the water distribution system, and sewer collection system. Currently, both systems end short of connecting at the Monterey Street/Muckelemi Street intersection.
FISCAL IMPACT:
There is no fiscal impact to the City of San Juan Bautista ‘s General Fund, just a programmatic change to State Housing Grant funds as summarized in the attached Resolution.
ATTACHMENTS:
Resolution with Fiscal Summary/Table
Letter Requesting support for the affordable housing being developed by the San Benito Health Foundation at 70 Muckelemi Street
Site Plan for 70 Muckelemi Street
RESOLUTION 2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
BAUTISTA AUTHORIZING AN AMENDMENT TO THE PERMANENT LOCAL HOUSING ALLOCATION (“PLHA”) PROGRAM (FIVE-YEAR TOTAL OF $455,999) ALLOCATING 95% OF 2020-2024 GRANT FUNDS ($361,000) FROM
ACCESSORY DWELIING UNIT CODE COMPLIANCE TO SUPPORT
BUILDING AFFORDABLE HOUSING IN THE CITY
A necessary quorum and majority of the City Council of the City of San Juan Bautista, a municipality, (“City”) hereby consents to, adopts, and ratifies the following resolution:
A. WHEREAS, the State of California (the “State”), Department of Housing and Community Development (“Department”) is authorized to provide up to $335 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)); and B. WHEREAS, the Department issued a Notice of Funding Availability (“NOFA”) dated August, 17, 2022, subsequently on October 18, 2023, the City Council approved Resolution 2022-76 approving a five-year plan to spend PLHA funds from 2019- 2025 in an amount estimated to be $455,999, (2024 and 2025 funding are estimated), and on February 15, 2023, the State notified the City of its approval of this grant; and C. WHEREAS, of the ten possible housing programs the State approved for the use of PLHA funds, the City agreed to use 5% for administrative costs from each year, then half of the balance of funds in the first three years for Accessory Dwelling Unit (“ADU”) Code Compliance, (applying deed restrictions to the ADU ensuring that they be occupied by persons earning 80% of the median income or below), and starting in Years Four and Five, to use 5% of the funds for administrative expenses, and 50% of the balance of funds for ADU Compliance and 45% for homeless supportive services (“HSS”); and D. WHEREAS, on April 16, 2024, the City Council adopted Resolution 2024-14 amending the PLHA Grant for 2019, from the ADU program to homeless supportive services and has since executed an MOU with County Public Health and Human Services for this work; and
G. WHEREAS, in May of this year, the City was notified by the State that the 58-month deadline for the use of the 2020 funds was set expire June 30, 2024, or be relinquished to the State; and
H. WHEREAS, in an effort to save not just the 2020 funds, but 2020-2024 funds, the City staffinitiated conversations with the San Benito Health Foundation to help them build affordable low -income housing at the property located at 70 Muckelemi Street; and I. WHEREAS, Of the 10 priorities established by the State for the use of PLHA funds, supporting affordable low-income housing is the top priority, and it can be used for the predevelopment and design expenses that are already being incurred by the San Benito Health Foundation; and
J. WHEREAS, In June of this year, the State informally approved this change of use for the PLHA funds as described in the attached Table, and staff was able apply for this change before the June 30, 2024 deadline; and
K. WHEREAS, if agreed upon by the City Council, the decision to change the use of the 2020- 2024 funds allocated for ADU program to support building affordable low-income housing, this will preserve these funds for the proposed homes at 70 Muckelemi Street, rather than relinquishing them to the State to be reprogrammed for uses not within the City.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.
2. That it hereby amends its PLHA 5-Year Plan ($455,999) as follows:
a. using 5% of the Grant for Administrative Costs ($19,000), b. 2019 Administrative allowance for the County ($3,800), c. 95% of the 2019 Grant funds for homeless social services ($75,999), and d. 95% of the Grant funds from 2020-2023 ($361,000) to build Affordable Low-Income Housing in the City of San Juan Bautista.
3. It authorizes the City Manager to sign and execute an Agreement with the San Benito Health Foundation to build affordable housing at its property located at 70 Muckelemi Street in San Juan Bautista.
BE IT FURTHER RESOLVED, that this supportive housing plan to help build affordable low-income housing will be presented to the Board of San Benito Health Foundation for approval, a copy of this Resolution will be forwarded to the Board, and both City and Board Resolutions will be sent to the State for the approval of the PLHA Plan Amendment.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a special meeting held on the 16th day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________
Mayor Scott Freels
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
CERTIFICATE OF THE ATTESTING OFFICER
The undersigned Officer of the City of San Juan Bautista, Don Reynolds, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the City Council of San Juan Bautista which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
ATTEST:
Signature of Attesting Officer
Elizabeth Soto, Acting City Clerk
Attached: Table summarizing the proposed reallocation of funds
ATTACHED SUMMARY TABLE
PLHA FUNDS NOW
5% ADMIN Projects ADU HSS
2019* 75,999 75,999 75,999
2020 114,549 5,727 108,822 108,822
2021 122,280 6,114 116,166 116,166
ESTIMATE 2023 71,586 3,579 68,006 68,006
ESTIMATE 2024 71,586 3,579 68,006 68,006
TOTAL 455,999 19,000 436,999 361,000 75,999
* 2019 admin funds are for the County for their admin of the HSS program
PLHA FUNDS PROPOSED
16-Jul-24 5% ADMIN Projects
LOW INCOME
HOUSING HSS
2019* 75, 999 75,999 75,999
2020 114,549 5,727 108,822 108,822
2021 122,280 6,114 116,166 116,166
ESTIMATE 2023 71,586 3,579 68,006 68,006
ESTIMATE 2024 71,586 3,579 68,006 68,006
TOTAL 455,999 19,000 436,999 361,000 75,999
* 2019 admin funds are for the County for their admin of the HSS program
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
BAUTISTAREGARDING 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 Provis ions.
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 Bautis ta:
__________________________________
Don Reynolds, City Manager Date
__________________________________
Signature
APPROVED AS TO LEGAL FORM:
Irma Valencia, San Benito County Deputy Couns el
By: ________________________________ Date: __________________________ APPROVED AS TO LEGAL FORM:
City of San Juan Bautista
By: ________________________________ Date: __________________________ ±
0 0.6 1.2 1.8
Miles
Tier 3
Tier 1
Tier 2
City Limit
Planning Area
Legend
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
Fr
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
THIRD
ST
MARENTIS CT
POLK ST
FREITAS RD
FRANKLIN CT
LAVAGNINO DR
VIA PADRE
NICHOLAS CT
FOURTH ST
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
TRAILSIDEDR
FIFTH ST
SAN JUAN HOLLISTER RD
VIA DONNA PATRICIA
SAN JUSTO RD
SEVENTH ST
RENTON CT
D RD
VISTA WAY
CALLECRU
Z
AHWAHNEE ST
NYLAND DR
THOMAS LN
BIXBY RD
C RD
SAN JUAN HWY
VIA JUAN PABLO
LAUSEN DR
LARIOS DR
PRESCOTT RD
OLD STAGECOACH RD
CAGNEY RD
GRAND VIEW DR
OLYMPIA AV
DUNCAN AV
HEDGES RD
±
0 0.25 0.5 0.75
Miles
Proposed Adhoc Committee
Recommended UGB
Proposed Adhoc Committee
Recommended SOI
Legend
City Limit
Item: 9.A
City Council Meeting
July 16, 2024
1 CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JULY 16, 2024
DEPARTMENT: ADMINISTRATION/CITY CLERK
FROM: ELIZABETH SOTO, CMC, CPMC, ACTING CITY CLERK /
ADMINISTRATIVE SERVICES MANAGER
BY:
TITLE: LEAGUE OF CALIFORNIA CITIES (LCC) VOTING DELEGATE RECOMMENDED MOTION:
Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.
RECOMMENDATION:
It is recommended that the City Appoint a delegate and an alternate voting delegate for the annual League of California Cities General Assembly on policy resolutions and further authorize the City’s delegate to vote on the Cal Cities’ proposed policy resolutions.
EXECUTIVE SUMMARY:
The League of California Cities 2024 Annual Conference and Expo is scheduled for October 16- 18, 2024 in Long Beach, California. A voting delegate is a councilmember that will be representing the City of San Juan Bautista at the General Assembly. Delegates during the General Assembly will be voting on resolutions, which if approved, become Cal Cities policy.
Voting delegates need to attend the full conference (October 16-18, 2024) through the General Assembly, which takes place on Fridays of the annual conference.
The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at the General Assembly meeting.
BACKGROUND:
Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities 2 diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president.
FISCAL IMPACT:
None
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.
Council Action Advised by September 25, 2024
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
Item: ___
City Council Meeting
Date
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: JULY 16, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: DISCUSSION OF THE STATUS OF THE FIRE ADVISORY
COMMITTEE MEETINGS
RECOMMENDED MOTION:
Discussion only; no action is recommended.
BACKGROUND:
The Fire Advisory Committee was established before the December 1, 2015 Fire Services Agreement Contract was signed. It expired 3-years later November 30, 2018. The “Fire Protection & Life Safety Feasibility Study Amended Version” was published in February, 2018 and presented by the Fire Advisory Committee March 1, 2018. The current San Juan Baustista Fire Services Agreement was executed March 18, 2019 and expires December 31, 2025.
As directed by the Fire Advisory Committee, a year ago in June 2023, the County Office of Emergency Services contracted with AP Triton to conduct a Fire District Feasibility Study. It used grant funds to hire a project manager to oversee the contract.
The cost to Hollister of the current Fire Services Agreements became a priority for the City of Hollister as it started its budget deliberations in May. The attached article written June 21, summarizes the events as they evolved and was published in the July Mission Village Voice.
Hollister’s review of its cost recovery efforts for fire services confirmed that concerns are real, and losses are being incurred. The Hollister City Council then directed the City Manager to send the June 24, 2024 letter that states the City will terminate the Fire Services Agreement in 270 days (March 2025), if a new contract could not be re-negotiated. The letter specifically emphasizes Hollister’s interest “to work with you (SJB) to enter into a mutually beneficial agreement in lieu of termination.”
The City analyzed its position, and shared it with experienced advisors from Citygate that include a retired Fire Chief and retired Finance Director. The City’s current contract is for Page | 2
$260,000 per year. This equals $130 per person. The City leases Station 4 to Hollsiter, and is reimbursed for the cost of utilities. Citygate agreed that the City’s cost for fire services was lower than other contract cities in the State.
The most recent Fire Department annual report suggested the calls for services for San Juan Bautista to be 3.4% to 3.8% of the total. Many of the calls from San Juan’s Station 4 are for the County. Most of the calls responded to with the City Fire Engine are also for the County.
If the whole County is considered at a cost of $14 million annually, the cost per capita is $205 per person. Compared to the $14 million cost, taken at “face value” 3.8% of the cost would more than double from $260,000 to as high as $532,000 per year.
The City balanced its $2.4 General Fund budget this year with $80,000 to spare and place into reserves. Both Hollister and the County had to rely on one-time funds to balance their operational budgets. One can conclude that all three jurisdictions will need to find new revenues and/or consider cost reductions to balance their FY 25/26 budgets.
DISCUSSION
What began as the Fire Advisory Committee’s work to recommend service agreements for the three jurisdictions in 2015 and again in 2018, recently grew to consider forming a regional Fire District. And this year, adding to the District feasibility study and formation, the re-negotiation of the current Agreements.
After meeting with the Hollister City Manager and Fire Chief, at the July 1, 2024 Fire Advisory Committee meeting, I presented a 4-step plan to move forward (as summarized in the attached July 1, 2024 memorandum to the City Council);
The Advisory Committee asked that these ideas be placed on August 1, 2024 Agenda for consideration and possible recommendations to the Board and both City Councils.
Item: ___
City Council Meeting
Date
Page | 3
On July 5, 2023, I agreed to meet with Supervisor Curro. The third attachment summarizes this conversation for the City Council. The Board of Supervisors will be discussing these matters at their July 23, 2024 Board meeting.
FISCAL IMPACT:
Before this matter is resolved, all three jurisdictions will have to consider significantly important fiscal impacts. The City of San Juan Bautista and the County will have to consider sizable cost increase for Fire Services. If left unchecked, it could significantly impact the San Jaun Bautista budget that was just approved in June.
ATTACHMENTS:
June 21, 2024 Village Voice Article
July 1, 2024 Memorandum
July 5, 2024 Email to the City Council