City of San Juan Bautista
The “City of History”
www.san-juan-bautista.ca.us
CITY COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 20, 2024, 5:00 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA
ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following methods: Through Zoom (https://zoom.us/join) per the instruction stated below, and on Facebook.
Please note: If all Council Members are present in person, public participation by Zoom or viewing on Facebook is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason the meeting may be paused while a fix is attempted but the meeting may continue at the discretion of the presiding officer.
JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
https://us02web.zoom.us/j/88373320235
To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
2. CLOSED SESSION 5:00 P.M. – 6:00 P.M.
Receive public communication from the audience on Closed Session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Exisiting Litigation – Orozco v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1)) b. Public Employee Performance Evaluation – (California Government Code section §54956.7(b)(1)) – the City Attorney.
Page | 2 City Council August 20, 2024
3. PROCLAMATION
A. Childhood Cancer Awareness Month, September 2024 – Jacob’s Heart Children’s Cancer Support Services
B. National Senior Citizens Day, August 21, 2024
4. PRESENTATION
A. Green foothills – Jessica Wohlander
B. California State Parks Update – Wes Gray, Sector Manager – Diablo South Sector
5. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.
6. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council and Staff Announcements
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the general public.
D. City Manager’s Report
a. Fire Department Update
b. Sheriff Department Update
c. Public Safety Department Update
7. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.
A. Approve the Affidavit of Posting Agenda.
B. Approve the Special Meeting Minutes of June 3, 2024.
C. Approve the Regular Meeting Minutes of June 18, 2024.
8. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.
A. End the Urban Urban Growth Boundary/Sphere of Influence Committee Recommendation: Approve a RESOLUTION ending the Urban Growth Boundary (“UGB”)/Sphere of Influence (“SOI”) Committee.
B. League of California Cities (LCC) Voting Delegate (continued from July 16, 2024) Recommendation: Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.
9. DISCUSSION
Page | 3 City Council August 20, 2024
A. Utility Billing
B. Wine Barrels and Two Way Traffic on Third Street
C. Fire Advisory Committee Update: Special District Formation Study, and Proposed Joint Powers Authority.
D. Draft Vacancy Fee Ordinance
10. FUTURE AGENDA ITEMS
11. ADJOURNMENT
AGENDA MATERIAL / ADDENDUM
Any addendums will be posted not later than 72 hours before regular meetings or 24 hours of special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street San Juan Bautista and are posted on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or Acting City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.
In compliance with the Americans with Disabilities Act, and Govt. Code 54953(a), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk, a minimum of 48 hours prior to the meeting at (831) 623-4661.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
PUBLIC COMMENT PROCEDURES
If you wish to make a general public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar, and use the "Raise Hand" or if joining by telephone, press *9 on your telephone keypad icon.
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, August 16, 2024, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website.
Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.
San Juan Bautista
California
~ Jacob’s Heart Children’s Cancer Support Services ~
Childhood Cancer Awareness Month, September 2024
WHEREAS, the character of our community is revealed in how we treat our most vulnerable; and
WHEREAS, each year, 19.2 in every 100,000 children in our community will be diagnosed with cancer; and
WHEREAS, cancer remains the leading cause of death by disease among children— more than asthma, diabetes, cystic fibrosis, congenital anomalies, and AIDS combined; and WHEREAS, Jacob’s Heart has been keeping medically fragile children and families housed, fed, and emotionally supported by steadfastly adhering to the following commitments:
1) Parents of children with cancer and other serious illnesses will be relieved of financial fears and able to focus attention on their children: 2) No child undergoing intensive treatment in our community will be homeless; 3) Families of seriously ill children will not experience food insecurity during and after the pandemic; and 4) No child seriously ill child in our community will ever miss a medical appointment because of a lack of transportation; and WHEREAS, Jacob’s Heart holds the memories and honors legacies of hundreds of children from our local community who have been lost to cancer, ensuring that their memories will never be forgotten; and
WHEREAS, the oncology department at Lucile Packard Children's Hospital at Stanford has worked closely with Jacob's Heart for the past 26 years as a trusted community partner in providing family-centered care that addresses the emotional, practical, and financial struggles of families of children with cancer in the City of San Juan Bautista; and WHEREAS, it is important for all San Juan Bautista City residents to recognize the impact of pediatric cancer on families within our community and honor the children in our community whose lives have been cut short by cancer.
NOW, THEREFORE, I, Mayor Scott Freels, on behalf of the San Juan Bautista City Council, hereby declare SEPTEMBER 2024, as CHILDHOOD CANCER AWARENESS MONTH in the City of San Juan Bautista, and do hereby honor JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.
Dated this 20 day of August 2024
Item: 3.A
City Council Meeting
August 20, 2024
________________________
Mayor Leslie Q. Jordan
San Juan Bautista
California
~ National Senior Citizens Day, August 21, 2024 ~
WHEREAS, National Senior Citizens Day recognizes seniors as they have spent their lives contributing to society and have impacted everyone’s lives for the better being the country’s foundation as the result of their hard work, and are well deserving of our gratitude; and WHEREAS, President Ronald Reagan took the initiative to honor seniors over 30 years ago in 1988 when he signed Proclamation 5847 and marked August 21st as the day seniors will be celebrated, stating “Throughout our history, older people have achieved much for our families, our communities, and our country, which gives us ample reason to reserve a special day in honor of the senior citizens who mean so much to our land,” Reagan proclaimed. “For all they have achieved throughout life and for all they continue to accomplish, we owe older citizens our thanks and a heartfelt salute. We can best demonstrate our gratitude and esteem by making sure that our communities are good places in which to mature and grow older — places in which older people can participate to the fullest and can find the encouragement, acceptance, assistance, and services they need to continue to lead lives of independence and dignity; and WHEREAS, Approximately 78 million people aged 65 and older will reside in America by 2035, which will surpass the United States population of people under 18 for the first time in the nation’s history; and
WHEREAS, For centuries, cultures across the world have looked to the seniors in their communities for wisdom and knowledge. In times of trouble or when we simply don't know what to do, seniors are often the first people we turn to for a different or even, unusual perspective. If we listen, we can learn so much from them; and
WHEREAS, The Mary Velasco Sellen Senior Center is a non-profit, established by local San Juan Bautista residents, is dedicated to Mary Velasco Sellen who was known for her work with seniors and veterans, which continued until she was 91 years of age, and who received the American Institute for Public Service ’Jefferson Award ‘honoring extraordinary acts of public service and acknowledging individuals who help build better communities; and
WHEREAS, The Mary Velasco Sellen Senior Center Board serves our local seniors’ weekly luncheons, offers programs and provides information on services, and encourages members of our community to support our efforts to enhance the quality of life for our seniors.
NOW, THEREFORE, I, Mayor Scott Freels, on behalf of the San Juan Bautista City Council, do hereby recognize August 21, 2024 as “NATIONAL SENIOR CITIZENS DAY” in the city, and further extend heartfelt appreciation, and cherish the value of our seniors with the utmost respect.
Dated this 20th day of August, 2024
_____________________________
Scott Freels, Mayor
Item: 3.B
City Council Meeting
August 20, 2024
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Year Ended June 30, 2024
Item #5E
City Council Meeting
August 20, 2024
REVENUES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Difference 100% Notes
General Fund 2,646,028 2,375,479 2,142,500 (1,593,243) 111% Special Revenue Funds:
Capital Projects Fund 2,499,378 361,733 2,836,845 (2,703,471) 13% A Community Development 90,951 200,332 404,514 (393,098) 50% B COPS 143,693 158,102 100,000 (75,000) 158% C
Parking & Restroom Fd 24,917 30,220 28,000 (16,269) 108% Gas Tax Fund 95,115 101,289 101,000 (76,799) 100%
Valle Vista LLD 26,529 25,541 23,889 (17,919) 107%
Rancho Vista CFD 66,521 72,694 67,512 (49,481) 108%
Copperleaf CFD 22,650 24,039 23,165 (12,240) 104%
Internal Service Funds:
Blg Rehab. & Replace 38,000 38,000 38,000 (28,500) 100% Vehicle Replacement 60,000 60,000 60,000 (45,000) 100%
Enterprise Funds:
Water
Operations 1,256,502 1,531,982 1,345,000 (904,085) 114% Sewer
Operations 1,517,023 1,733,283 1,390,000 (943,950) 125% TOTAL Funds 8,487,307 6,712,694 8,560,425 (6,859,055) 78% 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 YearEnded June 30, 2024
Item #5E
City Council Meeting
August 20, 2024
EXPENDITURES FY23 FY24 Annual YTD
Fund Actuals Actuals Budget Variance 100% Note
General Fund 1,971,832 2,341,769 2,117,980 223,789 111% Special Revenue Funds:
Capital Projects Fund 2,499,378 361,733 2,836,845 (2,475,112) 13% A Community Development 747,529 962,725 674,036 288,689 143% COPS 100,000 100,000 100,000 - 100%
Gas Tax Fund 20,717 20,951 21,500 (549) 97%
Valle Vista LLD 26,483 31,236 22,782 8,454 137%
Rancho Vista CFD 47,592 46,805 42,077 4,728 111%
Copperleaf CFD 20,735 28,209 16,645 11,564 169%
Development Impact Fee Funds
Public/Civic Facility 2,700 2,700 2,700 - 100%
Library 4,440 4,440 4,440 - 100%
Storm Drain 3,432 3,432 3,432 - 100%
Park In-Lieu 300 300 300 - 100%
Public Safety 852 852 852 - 100%
Traffic 432 432 432 - 100%
Enterprise Funds:
Water:
Operations 754,618 710,319 828,749 118,430 86%
Capital 13,475 93,447 (93,447)
Sewer
Operations 945,888 882,871 1,227,618 344,747 72%
Capital 591,105 8,723,010 18,497,240 9,774,230 47% A
TOTAL Funds 7,751,507 14,315,231 26,397,628 8,205,523 54% 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 6/1/2024 Through 6/30/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
6/3/2024 ATM003 CalPers 3,435.38
6/7/2024 ATM15 ADP Payroll Service 298.76
6/21/2024 ATM16 ADP Payroll Service 298.76
6/25/2024 217661 4Leaf, Inc. 19,138.59
6/25/2024 217662 AFLAC 1,079.45
6/25/2024 217663 Agile Occupational Medicine 165.00
6/25/2024 217664 All Clear Water Services 4,100.00
6/25/2024 217665 at&t 134.20
6/25/2024 217666 att.com 76.99
6/25/2024 217667 AVAYA 250.66
6/25/2024 217668 Baker Supplies and Repairs 145.62
6/25/2024 217669 Brigantino Irrigation, Inc. 28.70
6/25/2024 217670 C & N Tractors 19,559.80
6/25/2024 217671 California Debt and Investment Advisory Commission 3,650.00 6/25/2024 217672 CALNET 751.83
6/25/2024 217673 Canon Financial Services, Inc 887.62
6/25/2024 217674 Charter Communications 605.07
6/25/2024 217675 Citygate Associates, LLC 7,477.32
6/25/2024 217676 Clark Pest Control 119.00
6/25/2024 217677 Crystal Languna 700.00
6/25/2024 217678 Cypress Water Services 11,225.00
6/25/2024 217679 David J. Powers & Associates, Inc. 1,247.25 6/25/2024 217680 Design Line & Granger 1,261.84
6/25/2024 217681 Edelmira Ceja 700.00
6/25/2024 217682 EMC Planning Group Inc. 20,457.85
6/25/2024 217683 Enrique Hernandez 30.00
6/25/2024 217684 Hamner Jewell Associates 2,759.02
6/25/2024 217685 Hollister Landscape Supply 284.69
6/25/2024 217686 Home Depot Credit Services 475.02
6/25/2024 217687 J.C.J. Electric Corp. 2,635.00
6/25/2024 217688 Kysmet Security & Patrol Inc 13,773.72 6/25/2024 217689 Margot's Ice Cream Parlor. 450.00
6/25/2024 217690 Mary Velasco Sellen Senior Center 200.00 6/25/2024 217691 Mc Kinnon Lumber Co., Inc. 97.84
6/25/2024 217692 Midwest Tape 99.74
6/25/2024 217693 MNS Engineers, Inc. 40,992.50
6/25/2024 217694 Monterey Bay Analytical Services 5,490.00 6/25/2024 217695 New SV Media 741.20
6/25/2024 217696 P G & E 17,449.25
6/25/2024 217697 Regional Government Services 14,470.46 6/25/2024 217698 Rojas Communications Group 2,500.00
6/25/2024 217699 Rx-Tek 1,255.08
6/25/2024 217700 San Benito Cnty Mosq Abatement Prgm 340.77 6/25/2024 217701 San Benito County Communications Div. 70,229.45 City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 6/1/2024 Through 6/30/2024
6/25/2024 217702 San Benito Leadership Institute 5,000.00 6/25/2024 217703 Sandibel Solis 700.00
6/25/2024 217704 Sandra Pompa 700.00
6/25/2024 217705 SJB Business Association Inc. 263.94
6/25/2024 217706 Smith & Enright Landscaping 6,256.00
6/25/2024 217707 Sound Design A/V Contractors 6,281.97
6/25/2024 217708 Stantec Consulting Services Inc. 57,247.87 6/25/2024 217709 State Compensation Insurance Fund 5,109.50 6/25/2024 217710 State Water Resources Control Board 2,956.87 6/25/2024 217711 T-Mobile 540.18
6/25/2024 217712 Hollister True Value 53.50
6/25/2024 217713 Uline 520.01
6/25/2024 217714 United Rotary Brush Corporation 455.91 6/25/2024 217715 Univar Solutions 734.30
6/25/2024 217716 Valero Wex Bank 984.53
6/25/2024 217717 Wallace Group 9,043.65
6/25/2024 217718 San Benito County Water District 5,254.00 6/25/2024 217719 Wright Bros. Industrial Supply 241.44
6/25/2024 217720 Monterey Bay Analytical Services 4,596.00 6/26/2024 ATM9 Spectrum 306.51
6/27/2024 ATM6 Intuit 93.99
6/28/2024 217726 City of Hollister 62,194.89
6/28/2024 217727 CMAP 1,934.89
6/28/2024 217728 Data Ticket Inc. 400.00
6/28/2024 217729 Employment Development Department 881.61 6/28/2024 217730 Fedelina Soto 700.00
6/28/2024 217731 Hamner Jewell Associates 2,928.80
6/28/2024 217732 Hollister Auto Parts, Inc. 181.27
6/28/2024 217733 Home Depot Credit Services 989.04
6/28/2024 217734 Kennedy, Archer & Giffen 30,324.00
6/28/2024 217735 Kysmet Security & Patrol Inc 11,657.10 6/28/2024 217736 Margaret Clovis 1,425.00
6/28/2024 217737 Maribel Guadarrama 700.00
6/28/2024 217738 Midwest Tape 96.33
6/28/2024 217739 MNS Engineers, Inc. 49,362.50
6/28/2024 217740 Monterey Bay Analytical Services 3,112.00 6/28/2024 217741 P G & E 582.80
6/28/2024 217742 Ready Refresh 250.23
6/28/2024 217743 Ridgeline Municipal Strategies, LLC 8,215.00 6/28/2024 217744 Rojas Communications Group 0.00
6/28/2024 217745 Ross Recreation Equipment, Inc. 2,047.80 6/28/2024 217746 Rx-Tek 625.00
6/28/2024 217747 San Benito County Sheriff 114,088.58
6/28/2024 217748 San Benito Tire Pros 404.28
6/28/2024 217749 Scott Adessa 500.00
6/28/2024 217750 Smith & Enright Landscaping 5,540.00
6/28/2024 217751 Specialty Construction, Inc. 1,536,908.69 6/28/2024 217752 Stantec Consulting Services Inc. 22,574.57 City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 6/1/2024 Through 6/30/2024
6/28/2024 217753 State Compensation Insurance Fund 5,545.52 6/28/2024 217754 State Water Resources Control Board 837.34 6/28/2024 217755 Hollister True Value 195.20
6/28/2024 217756 Uline 173.52
6/28/2024 217757 United Rotary Brush Corporation 1,505.84 6/28/2024 217758 US Bank 11,789.06
6/28/2024 217759 Valley Welding 650.00
6/28/2024 217760 Wendy L. Cumming, CPA 6,806.25
6/28/2024 ATM7 Intuit 12.82
6/28/2024 ATM8 Intuit 344.28
Report Total 2,265,892.81
CITY MANAGER’S REPORT 08.20.24
Focus for the month:
Urban Growth Boundary/Sphere of Influence
Fire Advisory Committee/Fire Services Contract
Fire Department 6-Month Status report
Public Safety Coordinator Roy Morales Status report
CITY MANAGER’S REPORT 08.20.24
City Staff
City Manager absence
September 13- 28, 2024
Extended vacation
Council Meeting on the 10th? Or light agenda on the 17th Associate Planner
Update to the 2019 Job Description
Opened Recruitment August 12, 2024
Closing in 6-weeks
Maybe difficult to fill
City Clerk
Agreed to an in-house promotional recruitment
Opened the week of August 19
Requested a proposal to study workspace (!!)
CITY MANAGER’S REPORT 08.20.24
Community Development
Housing Element Complicated
State will require changes to local policies
Especially zoning and residential densities
City Zoning and General Plan are not in sync
Climate Action Plan
Contributed to County Plan
Requested to meet with County consultant
2 types:
Extensive studies to reduce green house gasses
with CEQA to help future developers
Simpler version to help City with grant applications
CITY MANAGER’S REPORT 08.20.24
Community Development
Casa Rosa
New Market/Muckelemi
Sign Code Update
Food Truck/Temporary Use of Land Updates
Code Enforcement (part of discussion)
CITY MANAGER’S REPORT 08.20.24
Public Works
Valle Vista/Creekbridge
Tree trimming done
Upgrading irrigation
Evaluating lights
City-wide sidewalk improvements
Closed bids August 15
Award contract in September
Second Street
$300,000 Grant application (“HSIP”) due in September
Proposing traffic calming and crosswalks
CITY MANAGER’S REPORT 08.20.24
Intergovernmental Services Committee
Considered a list of “Shared Services”
Review of all agreements (or sometimes no agreement)
Fire JPA part of this discussion (later on this agenda) Water District Governance Committee
Master Plan to be approved by each agency
Presentation in September
Agreed to work together regarding discharge permit limits CITY MANAGER’S REPORT 08.20.24
Wastewater
Trenching is complete
Lift-station is next
Water Board Compliance project ($750,000)
Water
Amended the draft 2023 Agreement
Actively Negotiating- December Goal
MNS will continue Design
Awaiting a proposal
To include CEQA
Discussed Permit Limit appeal with other agencies
CITY MANAGERS REPORT JULY 2024
Volunteer program continues to thrive; 7 new volunteers in July Hiking Challenge 2024 Released 8/15
Working with musicians on coordinated participation in Play Music on the Porch Day on 8/31
Putting on an activity at Anzar Fall Festival 9/21
Hosting a student art contest. Theme: “Back to school, Back to Play” Continue to work with stakeholders making progress on Special Event Permit application and process
Recreation
CITY MANAGERS REPORT JULY 2024
Recreation
City of San Juan Bautista
July 2024 Monthly Public Safety Update
Report Created by Public Safety Coordinator Roy Morales 08/01/2024 1
Roy Morales- Public Safety Coordinator
CONTENTS
Report Created by Public Safety Coordinator Roy Morales 08/01/2024
• 2-Towed vehicles-expired
registration / red curb
• 1- vandalism (Mariposa St.)
• 1- warrant arrest
• 1- shoplift case
• 5-Fires / 15 vehicle
accidents outside city limits
• 15-Vehicle accident
responses
• 11 Medical responses
• Jurisdiction not
provided
• 6-Inspections- Weed
abatement
• 2 Special Events
2 Code Enforcement
• Refer to next slide
Code Enforcement Update
City Council requested a “pro-active” approach
oDeveloped and implemented a proactive Code Enforcement plan for addressing non compliant properties / abandoned vehicles
oIdentified and placed STOP ORDERS on (3) properties with no permits oIdentified individuals living in business zoned properties. Two were extreme fire hazards requiring further inspection by Code and Fire Marshal oInspection at a property considered in Hazardous Condition. Have contacted out of state owner to develop a clean up plan
o Worked with owners at 0 Third St, who mowed hillside
o 13 open code enforcement cases currently open
Report Created by Public Safety Coordinator Roy Morales 08/01/2024 3
Current Projects
• Reviewing Special Event Permit process
• Planning abandoned vehicle tow days with deputy
• Coordinating with Recology on future blight city cleanup days • Working with City Attorney on solutions for abandoned properties and outstanding fines owed to the City
Report Created by Public Safety Coordinator Roy Morales 08/01/2024 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 16th day of August 2024, and in the Following Locations in said City of San Juan Bautista, County of San Benito, California.
1. On The Bulletin Board at City Hall, 311 Second Street.
2. On The Bulletin Board at The City Library, 801 Second Street.
3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 16th day of August 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
Acting City Clerk / Administrative Services Manager
Page | 1 City Council Meeting Minutes (June 3, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
JUNE 3, 2024
1. CALL TO ORDER
Mayor Freels called the special budget workshop to order at 5:31 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Jordan led the pledge of allegiance.
ROLL CALL Present:
Councilmember John Freeman
Mayor Pro Tem Leslie Q. Jordan
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Scott Freels
Absent:
Staff Present:
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Don Reynolds, City Manager
2. DISCUSSION ITEMS
A. Budget Update for Workshop
City Manager Don Reynolds provided the proposed Budget for Fiscal Year 2024/24. The City Council approved four recommendations at its meeting on May 21, 2024, including receiving the Fiscal Year 2024/25 Draft Budget, setting dates for a budget workshop in June, scheduling the budget for adoption at the June 18, 2024, City Council meeting, and appointing two members of the City Council to a special "Public Safety Contract Negotiating Team" focused on the Fire Services contract.
The draft Budget includes details about the City Manager's proposed personnel changes and a summary of the City's priorities and issues. The Council considered 63 objectives and prioritized 25 of them to be addressed in the next Fiscal Year, which have been integrated into the draft Budget.
The City's fire contract cost is $188 per capita, while Hollister is paying $215 per capita. This difference in cost is considered a vulnerability, and the City has requested additional data from Hollister to further evaluate the contract. It is recommended that the City start a new "Disaster Preparedness" reserve account as recommended by Citygate.
Page | 2 City Council Meeting Minutes (June 3, 2024)
The City has resources to rely on in case of a sizable cost increase, including the current General Fund Reserve of over $1.5 million and the debt owed to the General Fund from the Water Enterprise Fund. The Water Enterprise fund balance is estimated to be over $2 million by June 30, 2025.
The City may consider a sales tax measure on the November 2025 ballot to increase revenues. It has the potential to add another 0.5% to its state sales tax limit, which could increase the General Fund by $250,000. The city has less than a year to consider this measure and staff will return to the Council with firm recommendations in mid-summer.
The sewer force main construction is still ongoing and is expected to be completed by 2025. As of now, $7 million of the $17 million construction budget has been spent, including design, CEQA mitigation, and ROW acquisition. The City received State approval to extend its deadline for compliance with the Settlement Agreement, and staff has met with the Vice President of Operations for Taylor Foods to discuss permit limits and changing their entry into the new force main.
Mayor Freels requested that the “Nonprofit Grant Program” priority be given to nonprofits that are inside the city limits.
The document mentioned discussions about implementing a vacancy tax or vacancy fees to address vacancies in the city. The idea of a vacancy tax was brought up during a meeting to explore potential revenue sources and policies related to vacant properties. The individual who specifically requested a vacancy tax was not explicitly mentioned in the document.
The City Council reviewed the Capital Improvement Program.
City Manager Reynolds announced that the General Fund Budget is balanced and stable. The Enterprise Funds are stronger this year than in the past. Looking for new Revenues sources without growth
Councilmember Morris-Lopez was concerned there was no extension discussion on the personnel part of the budget; all of the budget was not discussed and it will be coming back on June 18 for approval.
Councilmember Morris-Lopez expressed discomfort with approving the budget at that point due to concerns about rushing the decision without thorough discussion, specifically related to not feeling comfortable with the budget approval process when certain aspects like the new personnel positions were not extensively discussed.
A Councilmember Sabathia expressed reservations about adding another personnel position in the Recreation department.
Councilmember Morris-Lopez discussed the need to enforce code infractions more rigorously and hold individuals accountable for violations. Councilmember Morris-Lopez asked if there were any policies for the camera systems.
Page | 3 City Council Meeting Minutes (June 3, 2024)
Councilmember Freeman suggested updating Nexus fees every five years to ensure they are current.
Councilmember Sabathia asked about the status of vacant buildings and requested the item be reviewed by the City Attorney and brought forward for review.
No public comment was received.
3. ADJOURNMENT
Motion to adjourn the meeting by Councilmember Jordan, second by Councilmember Sabathia.
All in favor.
There being no other business, Mayor Freels adjourned the meeting at 7:26 p.m.
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Page | 1 City Council Meeting Minutes (June 18, 2024)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
JUNE 18, 2024
1. CALL TO ORDER
Mayor Freels called the regular meeting to order at 5:00 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.
Mayor Freels announced that Mayor Pro Tem Jordan will not be in attendance at today’s meeting.
PLEDGE OF ALLEGIANCE
ROLL CALL
Present:
Councilmember John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Scott Freels
Absent:
Mayor Pro Tem Leslie Q. Jordan
Staff Present:
Don Reynolds, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, CMC, CPMC, Acting City Clerk
2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Anticipated Litigation – (Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: One case.).
b. Public Employee Performance Evaluation – (California Government Code section §54957(b)(1)) – the City Manager.
No public comment.
Mayor Freels adjourned to a closed session at 5:03 p.m.
Page | 2 City Council Meeting Minutes (June 18, 2024)
Mayor Freels reconvened the meeting at 6:03 p.m.
City Attorney Giffen reported that there was no reportable action.
Jill – one is for visitors and the other is for locals
3. PRESENTATION
A. Spirit of San Juan Annual Report
Jill Pagaran, Spirit of San Juan, provided an annual report for 2023/2024. The City Council thanked Ms. Pagaran for her presentation.
No public comments.
B. Caltrans Eucalyptus Tree Removal Project at US 101/Rocks Road Lisa Lowerison, Project Manager, Caltrans described the project that will take place along US Highway 101 and Rocks Road. The project aims to improve safety for the traveling public by removing trees near the roadway that are in declining health or pose a risk of falling onto the highway. Approximately 228 blue gum eucalyptus trees in poor health or weak condition within 40 to 60 feet of the pavement edge will be removed. Replacement planting with native species will be done to restore the landscape to a more native habitat and improve habitat for the California red-legged frog. The project cost is $2.6 million and is part of the State Highway Operation and Protection Program. Construction is scheduled to begin in September 2024 and end in November 2024.
The following members of the public commented on the report:
Elizabeth Welch
4. PUBLIC HEARING
A. Community Facilities District No. 2018-1 (“Copperleaf” and “Rancho Vista” Neighborhoods) Annual Levy
Doug Pike City Engineer (MNS Engineers) provided the report. The purpose of Community Facilities District No. 2018-01 is to collect funds from property owners to maintain certain public improvements within the boundaries of the district. These funds are used for services such as landscape maintenance, street lighting, streets, and sidewalks. The district was formed to levy a special tax to fund these public services and ensure that the improvements are built and maintained according to the City Engineer's standards. The district is responsible for managing the funds separately from other funds, and it is required to submit an annual report.
The annual special tax levy for the district is determined through a Resolution adopted by the City Council. The Method of Apportionment, which is outlined in the Formation Report, is used to calculate the annual special tax amount for each parcel in each tax area (Copperleaf and Rancho Vista). The Method of Apportionment allows for an annual escalator to the maximum special tax amounts. The annual escalator is equal to the greater of 2% or the annual Consumer Price Index-All Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward area. For Page | 3 City Council Meeting Minutes (June 18, 2024)
Fiscal Year 2024/25, the annual CPI-U was 3.80%. This percentage is then applied to the maximum special tax for each tax area, establishing the adjusted maximum special tax for the fiscal year.
Mayor Freels opened the public hearing.
No public comments.
Mayor Freels closed the public hearing.
MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Sabathia, Resolution Levying the Annual Special Tax for Community Facilities District No. 2018-01, Fiscal Year 2024/25, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Freels; NOES: None; ABSENT: Mayor Pro Tem Jordan; ABSTAIN: None
B. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 for Fiscal Year 2024-25
Doug Pike City Engineer (MNS Engineers) provided the report. The proposed assessments for Fiscal Year 2024-25 have been increased to cover the cost of contract maintenance, but they are set below the maximum rates calculated at the formation of the District. The fiscal impact of the proposed maintenance within the Valle Vista Lighting and Landscaping Maintenance District is within the anticipated revenues, including reserves, indicating no additional financial burden.
Mayor Freels opened the public hearing.
The following members of the public commented on the report:
Elise Brentall, requested the item be tabled and expressed concerned regarding dying trees, brown grass, lack of tree maintenance, debris accumulation.
Sharon Gerber asked the item be tabled. There are issues such as, fence repairs not covered by the association, and the quality of work and maintenance of sidewalks.
Councilmember Sabathia asked about the annual increase.
Approximately $95 a month based on last year's expenditures. It is important to maintain a certain reserve to enable a level pay plan and prevent significant assessment jumps annually.
City Manager Don Reynolds requested the item be tabled for a later date to effectively address residents' questions and concerns.
Page | 4 City Council Meeting Minutes (June 18, 2024)
City Manager Reynolds announced that he will be scheduling a community meeting for the Valle Vista Landscape and Lighting Maintenance Assessment District to allow for public input.
5. PUBLIC COMMENT
Received comments from the following members of the public Laurie Tankersley reviewed upcoming events.
Sharon Gerber concerned with the increase in traffic.
6. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
Acting Treasurer Wendy Cumming, CPA reported on the Financial statement for April 2024.
No public comment.
B. Reports from City Council Representatives to Regional Organizations and Committees
Councilmember Freeman and Mayor Freels reported on the meetings they attended.
No public comment.
C. City Council Announcements
Mayor Freels announced that on June 13th lifelong resident Richard Velasco passed away.
No public comment.
D. City Manager’s Report
City Manager Don Reynolds provided the report followed by a PowerPoint presentation.
The City Manager is actively working on Personnel Policies, specifically addressing Violence in the Workplace. The budget for the next fiscal year is almost ready. An analysis of Sales Tax is underway, as well as exploring other revenue potential. The City of Hollister is preparing a 270 Notice to terminate the fire contract, changing the contract end date from December 2025 to March 2025. There is a potential change in the fire services provided to the city and the need for further analysis of cost recovery options. Fire services are critical for public safety, and any changes in the contract can have significant implications for the community.
The City Manager highlights efforts related to historic preservation, including reviewing building changes without HRB review, issuing Stop Work Notices, and making inventories of eligible properties available online. Historic preservation is important for maintaining the city's cultural heritage and identity. Ensuring compliance with preservation regulations and providing public access to information about eligible properties helps protect and celebrate the city's history.
No public comment.
Page | 5 City Council Meeting Minutes (June 18, 2024)
a. Fire Department Update –
Nobody was present to report.
No public comment.
b. Sheriff Department Update –
No report.
No public comment.
c. Public Safety Department Update –
Public Safety Coordinator Roy Morales provided an update for May 2024.
No public comment.
7. CONSENT
A. Approve the Affidavit of Posting Agenda.
B. Workplace Violence Prevention Plan.
Recommendation: Approve a RESOLUTION adopting the City of San Juan Bautista Workplace Violence Prevention Plan for inclusion in the City’s Personnel Policies.
C. Adopting a List of Projects for Fiscal Year 2024-25 Funded by Sb 1: The Road Repair and Accountability Act of 2017.
Recommendation: Approve a RESOLUTION subject to final review, revision, and approval by the City Manager and the City Engineer a Resolution “Adopting the Fiscal Year 2024/25 List of Projects Funded by SB1: The Road Repair and Accountability Act.”.
D. Master Agreement Administering Agency-State Agreement for State Funded Projects.
Recommendation: Approve a RESOLUTION and agreement, subject to final review, revision, and approval by the City Manager and the City Attorney, and authorize the City Manager to execute the Agreement with the State of California through its Department of Transportation (Caltrans) to administer a state-funded road rehabilitation project.
E. Adoption of a Volunteer Program.
Recommendation: Approve a RESOLUTION naming volunteers as employees for the purpose of providing Workers’ Compensation benefits when that individual provides services to the City (Amended).
F. Approve the Regular Meeting Minutes of April 16, 2024.
G. Approve the Regular Meeting Minutes of May 21, 2024.
Page | 6 City Council Meeting Minutes (June 18, 2024)
No public comments.
MOTION:
Upon motion by Councilmember Freeman, second by Councilmember Sabathia, Consent Items A, B, C, D, E, F, and G, were approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Freels; NOES: None; ABSENT: Mayor Pro Tem Jordan; ABSTAIN: None
8. ACTION ITEMS
A. Fiscal Year 2024/25 Budget Adoption
Recommendation: Approve a RESOLUTION adopting the City Operations and Capital Improvement Budgets for Fiscal Year 2024/25.
City Manager Don Reynolds presented the City Operations and Capital Improvement Budgets for Fiscal Year 2024/25. The Strategic Plan for Fiscal Year 2024/25 includes 25 priorities that need to be completed, such as developing an Economic Development program, conducting facility assessment and inventory, updating the zoning code, increasing youth and senior recreation activities, and implementing a 5-year Capital Improvement Program and Storm Water Master Plan.
During the budget workshop on June 3, 2024, it was discussed that there are sufficient reserves to manage a one-time budget adjustment to the Fire contract if needed next fiscal year. There is also a potential for a sales tax increase, and a recommendation to issue a 270-day notice to terminate the fire services contracts if no new agreement is negotiated.
The recommended positions are the Economic Development Specialist to the budget and increasing the Recreation Assistant position from part-time to full-time. The budget includes a non-profit grant program and a Storm Water Master plan to address localized flooding.
The revised Fund Balance for FY 2024/25 shows a surplus of $53,591 in the General Fund and surpluses in other funds such as Sewer Enterprise, Water Enterprise, and Gas Tax.
Discussion
During the Budget workshop on June 3, 2024, the following points were discussed:
The General Fund balance was reported to be $143,591, which includes a recommended $100,000 Disaster Reserve as one of the top priorities in the Strategic Plan.
The vulnerability of public safety expenses, particularly the Fire contract, was discussed. It was reported that there are sufficient reserves to manage a one-time budget adjustment to the Fire contract if needed in the next fiscal year.
The potential for a sales tax increase was introduced, with a range of between .25 cents and .50 cents, which would increase the total sales tax from 9% to between 9.25% and 9.5%.
Page | 7 City Council Meeting Minutes (June 18, 2024)
At the Hollister City Council meeting, it was directed to issue a 270-day notice to terminate the fire services contracts if no new agreement was negotiated by March 2025. San Juan Bautista is currently paying $260,000 per year gross for nine firefighters with 24/7 coverage. There is a discrepancy in costs, with the city paying about $130 per capita, while the county pays $205 per capita for fire services. The potential increase in costs if the city were to pay based on the percentage of calls from their ZIP code could lead to a rise from $260,000 to $476,000 annually.
Negotiating an interim agreement with Hollister was mentioned to address financial implications and ensure the general fund can accommodate any cost increases. The formation of a district and setting aside funds in reserve for potential cost adjustments related to the fire contract was recommended.
Staff recommended setting aside $40,000 from the General Fund balance to study potential strategies to increase revenue, including a sales tax initiative for the November 2025 ballot.
Citygate recommended adding an Economic Development Specialist to the budget, focusing on business retention and working with existing businesses to help them with their economic challenges.
It was recommended to increase the Recreation Assistant position from part-time to full-time to further the Council's goal of growing a strong Recreation program. This would help establish a non-profit grant program with a $50,000 annual budget and a City Council ad-hoc committee assigned to evaluate grant proposals from local non-profits.
The new General Fund balance would be decreased by $90,000 if the two initiatives (sales tax revenue study and recreation's non-profit grant program) were approved, resulting in a new adjusted balance of $53,591.
The Capital Improvement Plan discussed adding a Storm Water Master plan to address localized flooding at the City's northern and southern boundaries.
Recommended Personnel Changes
Savings from a Re-org of Community Development from Assistant City Manager to Associate Planner; No net cost increase in costs; Recreation–from 30-hour per week to full-time position; Economic Vitality Specialist PT position based on the Strategic Plan’s (Citygate) 25-Top Priorities.
Councilmember Morris-Lopez, Sabathia and Mayor Freels expressed concerned with funding the Part time Economic Vitality Specialist.
No public comments were received.
The City Council discussed the budget and were in favor of adopting budget with the understanding, that the Part-Time Economic Vitaly Specialist position would not be funded.
Page | 8 City Council Meeting Minutes (June 18, 2024)
Councilmember Sabathia motioned to approve the proposed budget with the removal of the Economic Vitality position.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember Morris-Lopez, the Resolution Adopting the City Operations and Capital Improvement Budgets for Fiscal Year 2024/25 as amended, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Freels; NOES: None; ABSENT: Mayor Pro Tem Jordan; ABSTAIN: None
B. Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits.
City Manager Don Reynolds provided the report. The MOU establishes a sphere of influence and urban growth boundary, with maps provided for reference. The importance of the MOU as a temporary solution before potentially pursuing an ordinance or public vote was highlighted. The MOU was seen as a starting point and an opportunity for the city to have input in future developments. Faith in the county's willingness to work with the city and the importance of being informed about developments impacting the city were emphasized. The historical lack of representation for the city in county matters was acknowledged, viewing the MOU as a step towards addressing this issue.
No public comment was received.
MOTION:
Upon motion by Councilmember Sabathia, second by Councilmember _____, the Resolution approving an MOU between the City and the County regarding coordinated development review for proposed projects within the City’s proposed Planning Area, which is that area outside of the Sphere of Influence and City Political Boundary, was approved.
AYES: Councilmembers: Freeman, Morris-Lopez, Sabathia, and Mayor Freels; NOES: None; ABSENT: Mayor Pro Tem Jordan; ABSTAIN: None
9. FUTURE AGENDA ITEMS
Councilmember Morris-Lopes asked about backup personnel designation in the absence of key individuals, and inquired about the total count and categorization of current business licenses in the city. Councilmember Morris-Lopez further added that she would like to review the attendance policy for the Planning Commission and would like to address the Commission vacancy and stated that the City Council is responsible reviewing attendances.
Councilmember Sabathia requested a draft vacancy tax be brought forward to the Council for review.
Page | 9 City Council Meeting Minutes (June 18, 2024)
10. ADJOURNMENT
Motion to adjourn the meeting by Mayor Freels, second by Councilmember Freeman. All in favor.
There being no other business, Mayor Freels adjourned the meeting at 8:27 p.m.
Mayor Freels adjourned the meeting in honor of Richard Velasco.
APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Item: 8.A
City Council Meeting
August 20, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: END THE URBAN GROWTH BOUNDARY/SPHERE OF
INFLUENCE COMMITTEE
RECOMMENDED MOTION:
Approve a Resolution ending the Urban Growth Boundary (“UGB”)/Sphere of Influence (“SOI”) Committee.
RECOMMENDATION:
Consider the work of the UGB/SOI Committee as complete, and end it by adopting the attached Resolution. Direct staff to negotiate a Planning Area policy agreement with County staff.
EXECUTIVE SUMMARY:
After considering a draft MOU between the City and County June 18, and July 16, 2024, without taking action, a majority of the City Council after receiving public testimony on this matter, has agreed to that the remaining work to be completed to submit an application to LAFCO to amend the SOI, can proceed without the UGB/SOI Committee, and has agreed to end the Committee by adopting the attached Resolution.
BACKGROUND:
The Recitals in the attached Resolution provide an accounting for the work of the UGB/SOI Committee since August 2020. This work culminated November 14, 2023, with the adoption of Resolution 2023-71 announcing the City’s intent to initiate a targeted General Plan Amendment, and accepting the UGB/SOI and Planning Area maps. The Committee then met in December, January, and February to discuss the third task in the Resolution:
“3. Direct the UGB Ad Hoc Committee to work with San Benito County to establish a Planning Area and related Memorandum of Agreement/Understanding.” Page | 2
Attached to this report is the Staff Report from the February Committee meeting. Staff’s recommendation was as follows:
However, the Committee did not follow this recommendation, and instead asked the City Attorney to draft an MOU that includes a detailed definition for three tiers of authority being considered for San Juan Bautista in the unincorporated County, where as proposed there would not be a City SOI. In its essence, the MOU requests the County to consider delegating its authority as lead agency to the City (as described in the proposed Resolution State Government Code 15051 (d)) as it applies to land use decisions in the parcels defined in the Planning Area.
The draft MOU was presented to the City Council at its June 18, 2024 Council meeting. The City Council did not act on the matter. At a joint meeting July 16, 2024, the matter was discussed a second time. Again, no action was taken.
DISCUSSION
In order to move the application ahead to LAFCO as quickly and efficiently as possible, a City and County agreement is required. Some members of the City Council prefer to end the work of the Committee and direct City staff to negotiate directly with County staff, and bring back some form of compromise agreement that both agencies can agree to.
The first and most important question to resolve is whether the County will designate its authority as described in Government Code 15051(d) to make land-use decisions for properties in the unincorporated area, to the City, that are not a part of the City’s SOI. If the County will not consider this fundamental point, then this strategy will not be possible. Following this scenario perhaps the City might reconsider the way it changes its SOI.
In a discussion regarding the draft Targeted General Plan Amendment Monday August 12th, 2024, EMC shared that they have never seen a county designate to a city this “Lead Agency” authority. The City also needs feedback from the County staff and the County Planning Commission regarding this concept.
All can agree that this matter to amend the existing SOI must move forward quickly in the form of a LAFCO application as soon as possible. California Government Code 56425 (b) requires LAFCO to consider some form of agreement between the City and County.
The quickest path may be to end the Committee and direct staff to negotiate directly with the County staff
Item: 8.A
City Council Meeting
August 20, 2024
Page | 3
FISCAL IMPACT:
No direct fiscal impact to the City of San Juan Bautista.
ATTACHMENTS:
1) Proposed Resolution to End the Committee
2) February 27, 2024 UGB/SOI Committee staff report
Page | 1
RESOLUTION NO. 2024- XXX
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ENDING THE
URBAN GROWTH BOUNDARY/SPHERE OF INFLUENCE COMMITTEE
WHEREAS, at its Special Meeting May 26, 2020, the City Council agreed to establish the Urban Growth Boundary Committee (later to become Urban Growth/Sphere of Influence Committee, or the “UGB/SOI Committee”); and
WHEREAS, on April 18, 2020, at its first meeting, the UGB/SOI Committee adopted its Mission Statement:
“The mission of the Urban Growth Boundary/Sphere of Influence Ad-Hoc Committee is to establish limits and boundaries for growth that will serve and protect the City of San Juan Bautista now and in the future.;” and
WHEREAS, the Committee met 6 times in 2020, and in 2021 began to explore potential boundaries for a new SOI, with a similar size UGB, and a larger Planning Area; and WHEREAS, in 2022, the City held several public meetings to discuss ideas and garner support for the new proposed UGB/SOI; and
WHEREAS, in the fall of 2022, staff was directed to meet with the property owners outside the City limits that may affected by the proposed UGB/SOI; and WHEREAS; The UGB/SOI Committee amended the boundaries, and on November 14, 2023, the City Council adopted Resolution 2023-71 approving the” Notice of Intention to Amend the General Plan by Accepting Urban Growth Boundary Ad Hoc Committee Recommended Sphere of Influence, Urban Growth Boundary, and Planning Area” to include the following actions:
and
WHEREAS, tasks 1 and 2 have been completed, as staff is in receipt of a draft targeted General Plan Amendment focused on infill development without annexation that reflects the approved UGB/SOI and Planning Area; and
WHEREAS, at its June 18, 2024 City Council meeting, the Committee recommended an MOU between the City and County with “defining three concentric circles within the Planning Page | 2
Area” to guide development in the unincorporated area that surrounds the City, but the City Council did not act on the item and it was not approved; and WHEREAS, the draft MOU was shared with the County and LAFCO staff; and WHEREAS, at a Special Meeting July 16, 2024, the MOU was discussed in a joint UGB/SOI Committee City Council meeting on July 16, 2024, and after receiving feedback from the Committee, LAFCO and County Resource Management Agency staff, no action was taken on the MOU; and
WHEREAS, Section 56425(b) of the State Government Code regulating the SOI process, specifically requires cities and countries to work together and bring forward an agreement to LAFCO to consider as LAFCO evaluates a City’s request to change its SOI; and WHEREAS, Section 15051(b) of the State Government Code defines “lead agency” in regards to jurisdiction whereas, the County has jurisdiction and policy decision making authority in the unincorporated areas of the County, but the proposed MOU if approved will shift that authority from the County to the City; and
WHEREAS, Section 15051(d) of the State Government Code states:
; and
WHEREAS, after two deliberations, the City Council did not take action to send a draft MOU to the County for consideration that essentially makes the request to the County that the City be designated as the lead agency under some circumstances defined in its “three tiers” for development projects adjacent to or near the City’s political boundaries; and WHEREAS, the Committee has not completed Task 3 described in Resolution 2023-71 however, one way to expedite the process is to change direction, end the Committee’s work, and direct staff to negotiate directly with County staff and bring a different less complicated agreement back to the Planning Commission and City Council for consideration and approval; and lastly,
WHEREAS, if a majority of the City Council agrees with this change of direction, the Committee has therefore ended its work, the need for this Committee has ended, and the Committee shall end its deliberations.
Page | 3
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 Resolution ending the UGB/SOI Committee, deferring the remaining tasks needed to amend the City SOI to staff, Planning Commission and City Council.
3. Direct staff to negotiate a new Planning Area agreement between the City and County for its application to amend the SOI application to LAFCO.
PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a special meeting held on the 20th day of August 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Mayor Scott Freels
ATTEST:
___________________________
Elizabeth Soto, Acting City Clerk
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: 9.A
City Council Meeting
August 20, 2024
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: CITY MANAGER/ADMINISTRATION
FROM: DON REYNOLDS, CITY MANAGER
BY: ELIZABETH SOTO, ACTING CITY CLERK
TITLE: DISCUSSION ON UTILITY BILLING
RECOMMENDED MOTION:
Discuss and review the utility billing and receive comments from the City Council and the public.
BACKGROUND INFORMATION:
City engaged Bartle Wells & Associates ("BWA") to recommend a schedule of sewer rates that would fully fund the City's anticipated wastewater system costs and would spread those costs amongst sewer customers in a manner consistent with the requirements of Article XIII D, Section 6 of the California Constitution ("Proposition 218"). On October 19, 2021, by Resolution No. 2021-53 (the "Resolution of Intention"), the City Council, following the recommendation of BWA, proposed to increase the City's sewer rates over a five-year period.
On October 21, 2021 Ordinance 2021-05 was adopted by the City Council amending the San Juan Bautista Municipal Code Section 3-5-150. The Ordinance set a new schedule of sewer rates that would take effect beginning February 1, 2022.
EXECUTIVE SUMMARY
The City is reviewing ways to better serve our residents. One of those ways come up with ways to avoid confusion and we are reviewing ways to streamline the billing process. City Hall is currently open Monday – Friday 9:00 a.m. – 5:00 p.m., and closed for lunch (noon – 1:00 p.m.) PROCEDURE:
In order to eliminate confusion and to avoid having Invoices with different “due dates” a set due date was established. The due date is the 25th of the month by 5:00 p.m. If the due date fell on a holiday or the weekend, the due date would be the following work day.
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Invoices are printed following the due date to ensure payments are credited to customer accounts. Invoices are hand printed, review, sorted and mailed. The process can take a few days.
MuniBilling is a cloud-based utility billing software that the city has been using 2017.
MuniBilling offers our residents the ability to sign up through a customer portal https://cityofsanjuanbautista.secure.munibilling.com/customers/sign_in Residents can sign in by providing our Finance staff with an email address that can be used to set up the customer account on MuniBilling’s customer portal. Once set up, MuniBilling will send out an email with instructions on how to access the account.
ATTACHMENTS:
1. City of San Juan Bautista Municipal Code Chapter 3-5 Water and Sewer Charges
2. Resolution 2021-05 Sewer Rate Increase
3. Draft Sewer Rate Study (December 1, 2021)
8/15/24, 10:00 AM Print Preview
https://www.codepublishing.com/CA/SanJuanBautista/cgi/menuCompile.pl 1/3 Chapter 3-5
WATER AND SEWER CHARGES
Sections:
Article 1. Payments
3-5-100 Due.
3-5-105 Failure to pay – Notice of termination.
3-5-110 Failure to pay – Disconnection.
3-5-115 Reconnection fee.
3-5-120 Illegal reconnection.
3-5-125 Partial payments.
3-5-130 Collection by occupant.
3-5-135 Returned checks.
3-5-140 Repealed.
3-5-145 Failure to pay for garbage service – Disconnection. 3-5-150 Sewer rates.
3-5-155 Water rates.
3-5-160 CPI adjustment.
3-5-165 Failure to pay water charges – Lien.
Article 1. Payments
3-5-100 Due.
Water and sewer bills shall be mailed to customers by the City on a monthly basis and shall be due and payable on receipt. All such bills shall become delinquent if not paid by 5:00 p.m. on the twentieth day following the date of mailing of each such bill. This shall be known as the delinquency date. At the beginning of business on the first day of the month immediately following the delinquency date, a basic penalty of ten percent (10%) of the amount of the delinquent bill shall then accrue to the delinquent account. A collection charge of one-half percent (0.5%) shall also be charged at the beginning of each month on the amount then accrued in delinquent accounts. 3-5-105 Failure to pay – Notice of termination.
If any water and sewer bill is not paid in full before the delinquency date, then City staff are directed to mail a notice of termination to the delinquent customer. Said notice shall set a 8/15/24, 10:00 AM Print Preview
https://www.codepublishing.com/CA/SanJuanBautista/cgi/menuCompile.pl 2/3 termination date for termination by City of the applicable water or sewer services upon which the customer is delinquent. The termination date shall be at least fifteen (15) days from the date of mailing the notice of termination.
3-5-110 Failure to pay – Disconnection.
Prior to the actual termination of water or sewer service, the City must provide twenty-four (24) hours’ notice of the actual termination to the delinquent customer. This notice shall be provided by telephone or personal contact, or, if such telephone or personal contact cannot be made, the City shall provide forty-eight (48) hours’ notice of the actual termination by mail or by posting the notice on a conspicuous location on the premises. The City shall not terminate water or sewer services by reason of delinquent payment on any Saturday, Sunday, legal holiday or at any time during which the business offices of the City are not open to the public. Prior to actually disconnecting water or sewer service or discontinuing garbage service, the City shall ensure that payment in full has not been made. If payment in full has not been made, including all administrative fees and collection charges, then the service may be disconnected or discontinued by the City pursuant to this Chapter.
3-5-115 Reconnection fee.
After service has been disconnected or discontinued pursuant to this Chapter, it shall not again be connected or recommenced until the entire balance of the delinquent account has been paid and an additional reconnection fee has been paid to the City. The amount of the reconnection fee shall be set by resolution by the City Council.
3-5-120 Illegal reconnection.
Any person, except a City employee, who reconnects water or sewer service after it has been disconnected pursuant to this Chapter, or who draws water from a water meter without first applying to the City for water service, is guilty of a misdemeanor as provided for in Section 625 of the California Penal Code.
3-5-125 Partial payments.
Partial payments may be made only on current charges when payment is made prior to the delinquency date. If there is a past due balance on a water or sewer charge, then no partial payment may be made and the delinquent provisions of this Chapter shall apply. 3-5-130 Collection by occupant.
The occupant of any premises shall be primarily liable and responsible for the payment of water and sewer service charges. In the event service charges are not paid by the occupant prior to delinquency, the owner of the premises shall become liable and responsible for the payment of same.
3-5-135 Returned checks.
In the event a personal check offered by a customer in payment for water or sewer services is returned without payment, the City may impose a reasonable charge upon said customer to recover the City’s processing and collection costs. Said charge shall include any charge the City is assessed by a financial institution by reason of the returned check. In addition, in regard to a bill 8/15/24, 10:00 AM Print Preview
https://www.codepublishing.com/CA/SanJuanBautista/cgi/menuCompile.pl 3/3 upon which a customer’s check is returned without payment, the City may require such a customer to pay said bill in cash or cashier’s check.
3-5-140 Repealed.
3-5-145 Failure to pay for garbage service – Disconnection.
If the City’s refuse, recycling, and yard waste services franchisee submits evidence that a customer has not paid for the franchisee’s services for at least ninety (90) calendar days, and the franchisee requests that the City disconnect the customer’s water service, the City may disconnect that customer’s water service after complying with the requirements of SJBMC 3-5-110. 3-5-150 Sewer rates.
Subject to the notice, protest and hearing requirements of Article XIII D, Section 6 of the California Constitution, the City Council may adopt and revise sewer rates by ordinance or resolution. 3-5-155 Water rates.
Subject to the notice, protest and hearing requirements of Article XIII D, Section 6 of the California Constitution, the City Council may adopt and revise water rates by ordinance or resolution. 3-5-160 CPI adjustment.
Beginning on July 1, 2020, the base rates and the per-gallon discharge and usage rates established by SJBMC 3-5-150 and 3-5-155 shall be adjusted annually by an amount equal to the percentage increase in the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose metropolitan area, as published by the U.S. Department of Labor, Bureau of Statistics. This adjustment shall be applied to the first billing cycle occurring after July 1st of each year.
3-5-165 Failure to pay water charges – Lien.
The City may collect delinquent charges by recording a lien against the lot or parcel of land for which the water service was provided. To establish such a lien, the City must:
(A) Notify the assessee shown on the latest equalized assessment roll whenever unpaid charges for water or sewer services remain delinquent and unpaid for sixty (60) days; and (B) Record a certificate specifying the amount of the unpaid charges with the County Recorder.
When so recorded, the lien shall have the force, effect and priority of a judgment lien and continue for three (3) years from the time of recording unless sooner released or otherwise discharged.
Legislative History: Ords. 117 (11/10/61), 167 (10/8/74), 167.1 (11/1/77), 194 (no date), 93-6, (7/20/93), 2003- 06 (12/16/03), 2005-02 (7/19/05), 2006-15 (9/19/06), 2007-11 (3/20/07), 2007-20 (11/20/07), 2013-01 (2/19/13), 2015-20 (9/15/15), 2018-02 (3/20/18), 2021-05 (12/21/21), 2022-03 (9/20/22).
DATE: November 24, 2021
TO: Don Reynolds, City Manager, City of San Juan Bautista FROM: Erik Helgeson, Senior Project Manager
SUBJECT: Revised Rate Tables Reflecting Updated Capital Costs
MEMORANDUM
INTRODUCTION/BACKGROUND
Bartle Wells Associated developed a wastewater rate study for the City of San Juan Bautista (City) which was presented to the City Council on October 19, 2021. At that meeting the City Council authorized City staff to mail 218 notices with the rates recommended in the rate study. The primary driver for the recommended rate increases was the project to connect the San Juan Bautista collection system to the Hollister treatment plant (Project). After the October 19th meeting the estimated project cost was revised from $12.66 million to $18.17 million. The following memo and attached tables are updated to demonstrate that the rates presented on October 19th are sufficient to support the updated project cost.
UPDATED MODEL ASSUMPTIONS
The assumptions in the rate model were conservative in order to ensure sufficient revenues. The following assumptions were updated for this analysis.
Growth
The rate study did not assume any growth to be conservative. However, the master plan assumed a
1.9% annual growth rate. BWA updated the cashflow to reflect a 1% annual growth rate in rate revenue and connection fees.
Financing
The rate study made financing assumptions based on a traditional bond to be conservative. However, the financing the City will likely receive will be from either SRF or USDA. The attached tables reflect SRF financing.
Expenses
BWA reviewed the expense assumptions with City staff and updated the projected expense reductions after the treatment services are transferred to the City of Hollister.
Inflation
BWA revised the inflation assumptions after FY 2022/23 down from 3.5% to 3%. 2625 Alcatraz Ave, #602
Berkeley, CA 94705
Tel 510 653 3399
www.bartlewells.com
Grant Funding
The rate study assumed the City will receive $6 million in financing. BWA reviewed all of the likely grant sources with City staff and $6.3 million seems likely.
CONCLUSION
While the cost of the Project has significantly increased, with reasonable updates to the rate study assumptions the rates will still support the Project.
Attachment: Revised Rate Study Tables
Draft Sewer Rate Study
Revised Project Cost Assumptions
12/01/21
BARTLE WELLS ASSOCIATES
Independent Public Finance Advisors
Table A
City of San Juan Bautista
Recommended Sewer Rates
Sewer Rate Study - Revised Project Cost Assumptions
Proposed Rates FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Existing Proposed Proposed Proposed Proposed Proposed
Residential Sewer Rates
Monthly Fixed Rate $83.61 $95.62 $109.01 $124.27 $141.67 $148.75 Commercial Sewer Rates
Min. Monthly Base Charge $84.03 $95.62 $109.01 $124.27 $141.67 $148.75 Volumetric Rates
Standard Strength $/1,000 gal $9.10 $14.51 $16.54 $18.86 $21.50 $22.57 Moderate Strength $/1000 gal $13.35 $14.51 $16.54 $18.86 $21.50 $22.57 High Strength $/1,000 gal $18.18 $14.51 $16.54 $18.86 $21.50 $22.57 Table 1
City of San Juan Bautista
Projected Operating Expenses
Sewer Rate Study - Revised Project Cost Assumptions
Cost Escalation FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 General Inflation Factor 3.5% 3.5% 3.0% 3.0% 3.0%
Expenses1
FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Actual Actual Budgeted Projected Projected Projected Projected 502.000 · Salaries and Wages - FT $138,857 $119,209 $113,132 $117,092 $120,604 $124,222 $127,949 504.000 · Salaries and Wages - OT $0 $0 $0 $0 $0
508.000 · FICA $9,340 $9,028 $9,786 $10,129 $10,432 $10,745 $11,068 510.000 · Worker's Comp $4,940 $5,623 $5,193 $5,375 $5,536 $5,702 $5,873 514.000 · Health Insurance $25,683 $18,821 $22,724 $23,519 $24,225 $24,952 $25,700 518.000 · 457k Retirement Contribution $757 $754 $1,762 $1,824 $1,878 $1,935 $1,993 522.000 · Uniforms & Alterations $191 $233 $500 $518 $533 $549 $565 524.000 · Phys., Drug & Psych Testing $0 $15 $100 $104 $107 $110 $113 526.000 · Education and Training $412 $875 $1,000 $1,035 $1,066 $1,098 $1,131 528.000 · Travel/Per Diem/Car Allowance $35 $500 $518 $533 $549 $565 550.000 · Office Supplies $2,968 $1,544 $2,000 $2,070 $2,132 $2,196 $2,262 558.000 · Printing and Copies $334 $135 $100 $104 $107 $110 $113 548.000 · Advertising $0 $200 $207 $213 $220 $226
562.000 · Food and Beverages $161 $295 $500 $518 $533 $549 $565 516.000 · Insurance - Liab/Bond/Auto/Prop $11,218 $13,237 $14,500 $15,008 $15,458 $15,921 $16,399 544.000 · Computer Software Service $1,514 $513 $500 $518 $533 $549 $565 545.000 · Computer Hardware Service $146 $286 $500 $518 $533 $549 $565 530.000 · Dues and Subscriptions $519 $0 $750 $776 $800 $824 $848 634.000 · Copier Services & Lease $1,270 $1,416 $1,750 $1,811 $1,866 $1,922 $1,979 638.000 · Bank Charges/PR Processing $2,250 $2,250 $4,000 $4,140 $4,264 $4,392 $4,524 551.000 · Postage and Freight $2,780 $3,089 $2,700 $2,795 $2,878 $2,965 $3,054 600.000 · Operational Contracts2 $114,164 $122,824 $135,000 $139,725 $69,863 $0 602.000 · Legal $7,620 $5,000 $5,175 $5,330 $5,490 $5,655 604.000 · Engineering $0 $9,289 $7,530 $7,794 $8,027 $8,268 $8,516 612.002 · Security $1,871 $2,412 $2,800 $2,898 $2,985 $3,074 $3,167 612.006 · Web maintenance $967 $0 $0 $0 $0
624.000 · Janitorial $182 $275 $285 $293 $302 $311
654.000 · Chemical Testing2 $21,014 $71,922 $65,000 $67,275 $33,638 $10,000 $10,300 640.000 · Telecomm $2,089 $2,172 $2,500 $2,588 $2,665 $2,745 $2,827 642.000 · Electricity $64,031 $71,452 $83,000 $85,905 $88,482 $68,352 $70,403 656.000 · Licenses and Permits $5,197 $5,659 $6,000 $6,210 $6,396 $6,588 $6,786 531.000 · Bad debt $0 $8,000 $4,000 $4,000 $4,000 $4,000 712.000 · Materials $84 $0 $1,000 $1,035 $1,066 $1,098 $1,131 532.01 · Equipment Rental $0 $0 $1,500 $1,553 $1,599 $1,647 $1,696 701.000 · Small Tools $602 $724 $1,500 $1,553 $1,599 $1,647 $1,696 702.000 · Safety Gear & First Aid $0 $1,500 $1,553 $1,599 $1,647 $1,696 554.000 · Gasoline & Diesel Fuel $3,297 $2,320 $4,000 $4,140 $4,264 $4,392 $4,524 552.000 · Chemical and Gasses $3,759 $8,053 $4,500 $4,658 $4,797 $988 $1,018 716.000 · Parts - City Rep. Vehicles $457 $542 $1,000 $1,035 $1,066 $1,098 $1,131 718.000 · Parts - City Rep. Equipment $3,850 $2,293 $4,000 $4,140 $4,264 $4,392 $4,524 720.000 · Parts - City Rep. Water $2 $45 $0 $0 $0 $0
722.000 · Parts - City Rep. Sewer $5,335 $7,066 $8,000 $8,280 $8,528 $8,784 $9,048 765.000 · Sludge Removal $9,107 $0 $0 $0 $0
764.001 · Sewer Maint. Outside $561 $17,670 $2,000 $2,070 $2,132 $2,196 $2,262 751.001 · Maint. & Repair Wells $9 $0 $0 $0 $0 $0
752.000 · Vehicle Maint. - Outside $0 $52 $0 $0 $0 $0
754.000 · Equipment Maint. - Outside $4,872 $9,145 $7,500 $7,763 $7,995 $8,235 $8,482 762.000 · Streets Maint. & Paving $31 $1,000 $1,035 $1,066 $1,098 $1,131 766.000 · Sewer Maint. - Plant $1,451 $12,965 $2,500 $2,588 $2,665 $0 Transfer G&A Expenses $69,952 $36,497 $36,496 $36,496 $36,496 $36,496 $36,496 __________ __________ __________ __________ __________ __________ __________ Total Operating Expenses $515,110 $569,194 $573,798 $588,324 $495,048 $382,598 $392,861 % Change from Previous Year 41.4% -37.6% 11.4% 3.4% -13.7% -35.0% -20.6% 1 Based on SJB budget
2 Expenses reduced as waste is sent to Hollister for treatment Table 2
City of San Juan Bautista
Projected Operating Revenues
Sewer Rate Study - Revised Project Cost Assumptions
Cost Escalation Inflation 2020 2021 2022 2023 2024 2025 2026 General Inflation Factor General 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% No Escalation None 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
Demand Growth Demand 1.0% 1.0% 1.0% 1.0%
Revenue FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Actual Actual Projected Projected Projected Projected Projected 486.000 · Utility Fees Commercial $185,201 $291,929
485.000 · Utility Fees Residential $819,653 $819,653
Rate Revenue Demand $1,004,854 $1,111,582 $1,111,582 $1,279,876 $1,473,649 $1,696,759 $1,953,649 Additional Rate Revenue1,2 $0 $0 $155,622 $179,183 $206,311 $237,546 $97,682 Other Revenue
490.000 · Misc. Revenue None
459.000 · Remib. - Proj/Dev. Costs None
484.000 · Interest and Penalties None $18,371 $20,000 $12,671 $15,872 $22,002 $28,217 $30,012 480.003 · Reimbursed City expense None __________ __________ __________ __________ __________ __________ __________ Total Other Revenue $18,371 $20,000 $12,671 $15,872 $22,002 $28,217 $30,012 __________ __________ __________ __________ __________ __________ __________ Total Operating Revenue $1,023,225 $1,131,582 $1,279,875 $1,474,931 $1,701,962 $1,962,522 $2,081,343 % Change from Previous Year 9.7% 10.6% 13.1% 15.2% 15.4% 15.3% 6.1% 1 Additional revenue based on recommended increase
2 Additional adjusted if adopted mid-fiscal year
Table 3
City of San Juan Bautista
Existing and Proposed Debt
Sewer Rate Study - Revised Project Cost Assumptions
Description FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Budget Projected Projected Projected Projected Projected Existing Debt
2015 Enterprise Revenue Bonds $298,637 $298,097 $299,582 $298,435 $298,435 $298,435 2016 General Fund Advance 36,496 36,496 36,496 36,496 36,496 36,496 Total Current Debt Service $335,133 $334,593 $336,078 $334,931 $334,931 $334,931 Proposed Borrowing
Net Proceeds Needed $11,866,200
Repayment Term (yrs) 30
Interest Rate 1.20%
Month of Issue 1
Issuance Cost $100,000
Debt Service Reserve
Total Debt Issue Size $11,966,200
Annual Debt Service Payment (rounded) $477,000
Total Proposed Annual Water Debt $0 $0 $0 $0 $477,000 $477,000 Table 4
City of San Juan Bautista
Capital Improvement Costs
Sewer Rate Study - Revised Project Cost Assumptions
Project Description FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Projected Projected Projected Projected Projected
CIP (Current Dollars)
Fines RWQCB $36,000
Capital Purchases/Improvements
San Juan Canyon Rd
Monterey & Alameda State HWY
Lift Station Replacement (SJB WWTP)
San Juan Bautista to Hollister $15,619,000
Rancho Vista Lift Station
Hollister Connection Fee (No Inflation) $2,547,200
Collection System Upgrades and Replacement
Total CIP (Current Dollars) $36,000 $15,619,000 $2,547,200 $0 $0 Table 5
City of San Juan Bautista
Cash Flow Projections
Sewer Rate Study - Revised Project Cost Assumptions
Operating Cashflow FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Reserves
Total Reserve Balance $1,066,884 $1,267,111 $1,587,222 $2,200,188 $2,821,685 $3,001,235 Revenue Escalation
Rate Revenue Increase 14.0% 14.0% 14.0% 14.0% 5.0%
Revenues
Rate Revenue $1,111,582 $1,111,582 $1,279,876 $1,473,649 $1,696,759 $1,953,649 Rate Increase Revenue 0 155,622 179,183 206,311 237,546 97,682 Rate Increase Timing Adjustment -77,811
Other Revenue 20,000 12,671 15,872 22,002 28,217 30,012 Connection Fee Revenue $12,488 $62,438 $62,438 $62,438 $62,438 $62,438 ________ ________ ________ ________ ________ ________ Total Revenue $1,144,070 $1,264,502 $1,537,369 $1,764,400 $2,024,961 $2,143,782 Expenses
Operating Expenses $569,194 $573,798 $588,324 $495,048 $382,598 $392,861 Hollister Charges* 0 0 0 312,924 650,882 676,918
Existing Debt Service 335,133 334,593 336,078 334,931 334,931 334,931 New Debt Service 0 0 0 0 477,000 477,000
Rate Funded Capital $39,516 $36,000 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Total Expenses $943,843 $944,391 $924,402 $1,142,903 $1,845,411 $1,881,709 Net Revenues $200,227 $320,111 $612,967 $621,497 $179,550 $262,072 Ending Unrestricted Balance $1,267,111 $1,587,222 $2,200,188 $2,821,685 $3,001,235 $3,263,308 Debt Coverage (Target 1.25) 1.72 2.06 2.82 2.86 1.22 1.32 *Hollister charges may change if Hollister performs a new wastewater rate study Capital Funding FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Capital Revenues
Use of Debt Proceeds $10,619,000 $1,247,200
Grant Revenue $0 $0 $5,000,000 $1,300,000
Rate Funded Capital $39,516 $36,000 $0 $0 $0 $0 ________ ________ ________ ________ ________ ________ Total Capital Funding $39,516 $36,000 $15,619,000 $2,547,200 $0 $0 Total Capital Expenditures $39,516 $36,000 $15,619,000 $2,547,200 $0 $0 Table 6
City of San Juan Bautista
Sewer Flow Estimate
Sewer Rate Study - Revised Project Cost Assumptions
Estimated Sewer Flow Units Units Unit of Measure
Estimated City Population 2,151.00 #
Residential Units 815.00 #
Occupancy 2.64 #
Indoor Water Use per Resident (Sewer Flow) 55.00 Gallons per Day (GPD) Annual Sewer Flow per Residential Unit 52,983.22 Gallons Annual Sewer Flow per Residential Unit 52.98 1,000 Gallons Annual Residential Sewer Flow 43,181.33 1,000 Gallons
FY 2020-21 Commercial Sewer Flow 22,884.99 1,000 Gallons Total Annual Sewer Flow Estimate 66,066.32 1,000 Gallons Table 7
City of San Juan Bautista
Sewer Rate Derivation
Sewer Rate Study - Revised Project Cost Assumptions
Fixed Charge Calculation Units
Sewer Billed
Use1
Return
Factor2
Estimated
Sewer Flow
Sewer Cost
Allocation
Revenue
Requirement
Residential 815 43,181.33 1 43,181.33 73.80% $935,148
Commercial 77 22,884.99 0.67 15,332.95 26.20% $332,055
Total 892 66,066.32 58,514.27 $1,267,204
2: Commercial return factor based on annual winter use as a percent of total water demand
15.49 77.43
Commercial Volumetric
Rate Derivation Units Unit of Measure
Total Sewer Flow 22,884.99 1,000 Gallons
Revenue Requirement $332,055.16 $
Sewer Volumetric Unit Rate $14.51 $ per 1,000 gallons
Residential Fixed
Rate Derivation Units Unit of Measure
Residential Units 815.00 Unit
Revenue Requirement $935,148.50 $
Total Monthly Fixed Charge $95.62 $ per Unit per Month
1: Residential billed use based on estimated indoor consumption and Commercial billed use is based on metered water use
Wine Barrels- Third Street Discussion
May 2020-
Response to COVID
Design Criteria established
Fundamental Part of the one-lane closure of 3rd Street
Pay $150 per month for maintenance and care
Recently stained them in May
Several exist where there are no parklets
Resolution 2023-70 – extends to 07.01.26
Future of Third Street
Last discussed April 18, 2023- see Attached Report and Minutes Item: 9.B
City Council Meeting
August 20, 2024
Item # 9.C
City Council Meeting
April 18, 2023
1 Copy
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: APRIL 18, 2023
DEPARTMENT: COMMUNITY DEVELOPMENT DEPARTMENT
BY: BRIAN FOUCHT, COMMUNITY DEVELOPMENT DIRECTOR
TITLE: CONSIDER ADOPTION OF A RESOLUTION RESCINDING
RESOLUTION 2023-21 AND FURTHER ADDRESSING THE
MATTER OF THE REMOVAL OR OTHER DISPOSITION OF
PARKLETS
NATURE OF THE MATTER BEFORE THE CITY COUNCIL:
1. To consider adopting a resolution rescinding approval of City Council Resolution 2023-21 (copy attached) and further addressing the matter of the removal or other disposition of the parklets along Third Street. This matter was placed on the Agenda at the request of Councilmember Freeman in accordance with Council Resolution 2019-43 “A Resolution of the City Council of the City of San Juan Bautista Adopting a Policy Regarding Rules of Procedure and Placement of Items on Agendas.”
BACKGROUND INFORMATION:
In April 2020 the City began meeting weekly with its downtown businesses to develop a plan in response to the ongoing COVID-19 Public Health Emergency. Thereafter, on May 19, 2020, the City Council adopted Resolution 2020-24 enabling the establishment of outdoor shopping and dining via expansion of businesses into and the construction of decks within the public right of way. Third Street was transformed to a single, one-way, lane to enable this expansion. Resulting encroachment permits for these “parklets” were initially approved for a three-month period ending December 31, 2020. On November 10, 2020, the City Council agreed to extend the parklets until March 30, 2021, and thereafter agreed to an extension to September 30, 2021. On November 16, 2021, by Resolution 2021-61 the City Council established a Temporary Parklet Permit and a Parklet Ad Hoc Committee.
The parklets were subsequently extended to March 30, 2022, pending adoption of an ongoing policy.
Discussions on the subject of “permanence” of the parklets has involved issues of non-conformity, long-term planning, design of the Third Street streetscape, public safety, infrastructure, relationship to buildings, structures and landscaping within the Third Street Historic District, and cost of removal.
It is established that to allow permanent parklet type outdoor commercial use would first require a thorough evaluation of the historic Third Street district streetscape.
Item # 9.C
City Council Meeting
April 18, 2023
2 City Council Resolution 2022-21, adopted on March 15, 2022, directed the City Manager to cease issuing encroachment permits for parklets and requested a recommendation from the Economic Development Citizens Advisory Committee (EDCAC) regarding continuance of parklets and the City Council extended the term of the transformation of Third Street and the operation of the parklets to May 31, 2022.
The City Council thereafter on May 24, 2022, adopted Resolution 2022-40 approving the recommendations of the EDCAC as the City’s policy regarding parklets and their ongoing disposition in relation to the Third Street Master Plan as follows:
• Parklets are generally perceived to be beneficial to the community and to the sponsoring business.
• There are noted adverse effects of parklets; however, the benefits outweigh the noted adverse effects.
• Parklets should not be prevalent on Third Street in the short term. As a means of limiting noted short term adverse effects, the present parklet experience should not be expanded. • It is important to know and understand the attitudes and perspectives of the community, business owners and visitors.
• Parklets should remain until the Third Street Master Plan construction begins. Third Street Master Plan parklet/plaza concepts should be shaped by referenced surveys and testimonials. The parklet experience should be re-imagined for use in the context of the Third Street Master Plan.
The Governor’s office, on October 17, 2022, announced that the COVID-19 statewide State of Emergency would end on February 28, 2023, and the state will instead rely on ongoing enhanced public health initiatives to drive down rates and severity of infection. It is important to recognize that the Governor’s action does not stipulate that COVID is no longer a threat. Instead, the Governor recognizes the importance of continued emphasis on public health practices via the safety measures set forth at covid19.ca.gov. At its meeting on December 20, 2022, the City Council directed the City Manager to return with a resolution that would institute a revised policy affecting parklets that would go into effect at such time that the COVID statewide State of Emergency is lifted, which took place as of 11:59 p.m. on February 28, 2023.
On March 21, 2023, the City Council adopted Resolution 2023-18 declaring that the local emergency declared by Resolution 2020-10 due to the COVID-19 pandemic would terminate as of 11:59 on March 21, 2023. Thereafter at the same meeting the City Council adopted Resolution 2023-21 ordering the removal of all parklets and the associated traffic barriers (i.e., the barrels containing the succulents) on Third Street on or before April 28, 2023 with parklet owners to be eligible for compensation by the City from the General Fund for the reasonable cost of removal, not to exceed $5.00 per square foot or $800.00, whichever is less. On March 22, 2023, the City Manager issued a public notice concerning the removal of parklets.
Item # 9.C
City Council Meeting
April 18, 2023
3 DISCUSSION:
After the adoption of Resolution 2023-21 the City received numerous correspondence from business owners operating parklets and from other members of the public (copies attached) concerning the passage of Resolution 2023-21, much of it in support of continuance of parklets, prompting Councilmember Freeman to contact the City Manager and request that the subject of parklet removal, and accordingly consideration of the rescission of Resolution 2023-21, be placed on the agenda for this meeting to enable the City Council to once again hear from the public and give further consideration to this important matter. Pertinent to the Council’s consideration regarding extension of parklets are the following attached statutes:
1. Health and Safety Code 114067, operative until January 24, 2024, allows Temporary Satellite Food Service activities (i.e., parklet dining) by permitted food facilities in a local jurisdiction subject to retail food operation restrictions related to COVID-19 public health response following the end of the statewide State of Emergency on February 28, 2023. The encroachment permits issued by the City to restaurants for the operation of their parklets were issued in response to the restrictions imposed on food serving facilities by the COVID19 pandemic.
2. Business and Professions Code Section 25750.5 allows up to a 365-day extension of a COVID-19 Temporary Catering Authorization to premises licensed by the California Department of Alcoholic Beverage Control (ABC) to continue to exercise their license to sell alcohol in an expanded area under the control of the licensee following the end of the statewide State of Emergency on February 28, 2023. Concerning the parklets, it is the encroachment permit issued by the City in response to the COVID pandemic that provides a licensee with control of the area within the public right of way occupied by a parklet.
3. Government Code Section 65907, operative until January 1, 2024, requires the City to reduce the number of required parking spaces for existing uses by the number of spaces needed to accommodate parklets allowed to mitigate COVID-19 restrictions on indoor dining, The encroachment permits issued by the City to restaurants for the operation of their parklets were issued to mitigate the effects of COVID-19 pandemic restrictions on indoor dining establishments in the City.
Depending upon whether the City Council wishes to revisit its adoption of Resolution 2023-21, taken together or individually while these statutes do not mandate that the City continue allowing certain parklets for businesses serving food and/or alcoholic beverages and they do place limits on how long such parklets may remain, these statutes provide the City Council with a regulatory framework that is aligned with state law for the possible continuation of certain parklets or for their immediate removal by a date certain through revocation of the encroachment permits for these parklets.
Concerning parklets serving retail establishments the authority for construction and continuing operation of retail parklets stemmed from the Emergency Declarations issued by the Governor and by the City Council in response to the COVID-19 pandemic, both of which have now been terminated and staff has found no statutory authority related to COVID-19 for continuing retail parklets.
Item # 9.C
City Council Meeting
April 18, 2023
4 As stated, s policy approved by Resolution 2023-21 provides for compensation to owners for the removal of their parklets at the rate of $5.00 per square foot not to exceed $800.00. Should the Council decide to rescind Resolution 2023-21, the Council may wish to again consider this policy matter.
OPTIONS IDENTIFIED:
The options before the City Council would appear to include:
1. Take no action. Allow Resolution 2023-21 to remain in place and to continue to require removal of all parklets and the traffic barriers associated with the parklets by April 28, 2023, in accordance with the notice given, and offer compensation for their removal as provided.
2. Adopt a resolution rescinding Resolution 2023-21, addressing the ban on new or replacement parklets and providing for continuation of existing parklets associated with food serving and other ABC licensed premises (there are no parklets associated with restaurants that are not also licensed as either ABC Type 42 or Type 47 establishments) to a date certain which cannot be later than January 1, 2024, thereafter to be removed, and ordering the removal of the parklets associated with retail establishments by April 28, 2023 or another date set by the City Council, and readopt the offer of compensation to owners at the time of removal.
3. Adopt a resolution rescinding Resolution 2023-21 and direct that the matter return for further consideration.
4. Take other action as appropriate.
CONCLUSION:
Two alternative draft resolutions for options 2 and 3 are attached for the City Council’s consideration.
Reviewed and approved by:
s/ Don Reynolds
Don Reynolds, City Manager
s/ Robert Rathie
Robert Rathie, City Attorney
Item # 9.C
City Council Meeting
April 18, 2023
5 ATTACHMENTS
City Council Resolution 2023-21
Draft Resolutions
Communications received
Health and Safety Code Section 110467 Satellite food service Business and Professions Code Section 25750.5 Temporary Catering Authorization Government Code 65907 Parking restrictions
Page | 1
RESOLUTION NO. 2023-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA RESCINDING RESOLUTION 2023-27 AND REESTABLISHING THE
TERM OF EXISTING CATERING PARKLET ENCROACHMENT PERMITS TO END JULY 1, 2026, AND NOT CHANGING THE END OF RETAIL PARKLETS TO END JANUARY 1, 2024
WHEREAS, in an effort to control the pandemic caused by the COVID-19 coronavirus, on March 4, 2020, under the authority provided by Government Code §8625, Governor Newsom issued a Proclamation of State of Emergency in California; and WHEREAS, the shelter in place health orders that followed the State of Emergency closed all but essential businesses; and
WHEREAS, on March 17, 2020, under the authority provided by Government Code §8630 and San Juan Bautista Municipal Code §5-33-040, by Resolution 2020-10 the City Council of the City of San Juan Bautista, upon the request of the City Manager/Director of Emergency Services, proclaimed a state of local emergency caused by the COVID-19 to have existed in the City since March 13, 2020 and in adopting subsequent resolutions periodically reviewed and confirmed the continuing existence of the local emergency; and WHEREAS, this closure of businesses was harmful to the City's economy and the City, among many other things, and on May 19, 2020, initiated the Transformation of Third Street by adopting Resolution 2020-24, allowing the use of parklets to expand retail and catering services outdoors; and
WHEREAS, the Governor lifted the COVID 19 State of Emergency on February 28, 2023, but nonetheless, the City Council is aware that COVID-19 variants represent a continuing threat to public health, safety and general welfare; and
WHEREAS, the parklet program was approved by the City Council for a period of six months ending December 31, 2020, and serially extended until March 30, 2021, February 16, 2021 September 30, 2021, March 30 2022, and May 31, 2022, and WHEREAS, in 2021, the State adopted AB61 allowing existing catering business to serve alcohol on a parklet until January 1, 2024, then on March 21, 2023 the Council adopted Resolution 2023-21 requiring the removal of all parklets by April 28, 2023, and on April 18, 2022, the City Council adopted Resolution rescinding Resolution 2023-21 and replacing it with 2023-27 extending the use for both retail and catering parklets to the current deadline of January 1, 2024; and
WHEREAS, on October 8th, 2023, the State adopted AB1217 to replace AB61, and among other things, extended the deadline for existing catering services to serve alcohol on parklets from January 1, 2024, to July 1, 2026.
Page | 2
WHEREAS, AB1217 and the details of the State’s extension of these provisions for existing catering parklets was shared at the October 17, 2023, City Council meeting.
WHEREAS, if the Council takes no action, all parklets will be removed from 3rd Street by January 1, 2024, but the Council has time to modify that outcome as the State modified its deadline, and as an option, staff is presenting for the Council’s consideration this new draft Resolution extending the deadline for existing catering parklets (only?) to the same deadline as AB1217, from January 21, 2023 to July 1, 2026. Of course, a third option may be to expand upon the State provisions, and include retail parklets as well as catering parklets as it did in April.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS
FOLLOWS:
1. That Resolution 2023-27 continuing the restriction prohibiting new or replacement parklets, terminating the current encroachment permit authorization for all parklets, effecting the removal of all parklets and the traffic control devices installed for the protection of parklets on Third Street by January 1, 2024, is hereby rescinded and is no longer valid or of any effect.
2. The City Manager is hereby ordered to continue the restriction prohibiting new or replacement parklets.
3. The use of existing parklets associated with catering businesses licensed by the California Department of Alcoholic Beverage Control are permitted to continue in operation subject to Section 4 below and shall be annually inspected by the City Fire Marshall and Building Inspector to ensure protection of the public health and safety.
4. All existing parklets associated with catering services currently licensed by the California Department of Alcoholic Beverage Control shall cease operation and the encroachment permit for same shall terminate and be revoked on June 1, 2026.
5. All parklets associated with retail establishments shall cease operation and the encroachment permit for same shall terminate and be revoked January 1, 2024, and the owner or operator of the retail establishment shall affect the removal of the parklet on or before January 1, 2024.
6. The owner or operator responsible for the removal of a parklet required to be removed may be compensated from the City’s General Fund, following prior application to the City Manager or his designee for same and following the removal, for the reasonable cost of removal in an amount not to exceed $5.00 per square foot or $800.00, whichever is less.
PASSED AND APPROVED by the City of San Juan Bautista City Council on the 14th day of November 2023 by the following vote:
AYES: Councilmembers: Freels, Freeman, Sabathia, and Mayor Jordan NOES: Councilmember Morris-Lopez
Page | 3
ABSENT: None
ABSTAIN: None
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________________
Elizabeth Soto, Deputy City Clerk
Item: 9.C
City Council Meeting
Date; August 20, 2024
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 20, 2024
DEPARTMENT: CITY MANAGER
FROM: CITY MANAGER DON REYNOLDS
TITLE: FIRE ADVISORY COMMITTEE UPDATE:
SPECIAL DISTRICT FORMATION STUDY, & PROPOSED JOINT
POWERS AUTHORITY
RECOMMENDED:
Discussion only; no action is recommended.
BACKGROUND:
This is the latest update from a series of updates provided to the City Council between June and July of this year.
To recap- On May 3, 2023, the County Office of Emergency Services released an RFP titled “Fire Protection and Life Safety Services Special District Fomation.” The search began for a consultant to prepare a feasibility study that considers the viability to form a joint Fire Protection District, and determine if the options for forming a district are feasible. Grant funds were proposed to pay for the $80,000 study. The original contract term was July 1, 2023 to March 1, 2024. The contract was allowed to expire. Not very much of the study was completed. A new proposal was received and rejected by the Advisory Committee. The cost was higher than the original proposal and the vendor stated they had to reestablish a new team to re-start the study.
The July 16, 2024 staff report is attached to this report to provide more details.
At its meeting August 1, 2024, the Advisory Committee recommended to each of the three agencies (2-Cities and the County) to return to their boards and share the idea of establishing a Joint Powers Agreement to oversee a new fire district feasibility study, and begin drafting a new RFP. It was agreed that San Juan Baustista would take the lead and draft a new RFP for the feasibility study.
At its special meeting August 15, 2024, a draft outline of the RFP was shared with the Advisory Committee. It reflected input from all three Agencies and the Fire Chief. It will be updated into a final draft at the Advisory Committee’s September 5 meeting. If it is approved by the Committee, it will come forward to the City Council (each Agency board) for approval.
Page | 2
FISCAL IMPACT:
The cost of a new feasibility study will be born by a fair share cost allocation plan approved first by each Agency, before the professional services agreement is executed.
ATTACHMENTS:
July 16, 2024 Staff report; chronology of Advisory Committee meeting details
Created: 2023-06-14 12:30:40 [EST]
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______ Findings—vacant buildings.
The City Council finds as follows: vacant buildings are a major cause and source of blight in residential and nonresidential neighborhoods. This is particularly true when the owner of the vacant building fails to maintain and manage the building to ensure that it does not become a liability to the neighborhood. Vacant buildings often attract trespassers, including but not limited to transients and criminals. Use of vacant buildings by trespassers, creates a risk of vandalism and fire for the vacant building and adjacent properties. Vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry by trespassers and other long-term vacancies discourage economic development and retard appreciation of property values. Because of the potential economic and public health, welfare and safety problems caused by vacant buildings, the city needs to monitor the status of vacant buildings, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and out, and do not become a blighting influence in the neighborhood. City departments involved in such monitoring include law enforcement, public works public safety, code enforcement and building departments.
There is a substantial cost to the City for monitoring vacant buildings (whether or not those buildings are boarded up) which should be borne by the owners of the vacant buildings. ______ Definitions.
The definitions contained in this section shall govern the construction of this chapter.
A. "Blight" shall mean a condition of decay, deterioration, disrepair, neglect or inadequate maintenance, including, but not limited to, conditions constituting a public nuisance, contributing to the diminution of the property values of surrounding properties, undermining the economic vitality of a neighborhood or creating health or safety dangers.
B. "Boarded building" or "boarded up" shall mean a building, any of the doors or windows of which have been covered with plywood or other material.
C. "Vacant building" or "vacant" shall mean a building which is without a legal resident or occupant or which is not being put to a lawful commercial or industrial use. ________ Vacant or boarded building monitoring fee.
A. Fee imposed. There is hereby imposed upon every owner of a vacant or boarded building a monthly vacant or boarded building monitoring fee in an amount to be set by resolution of the city council. The fee shall not exceed the estimated reasonable cost of monitoring the vacant or boarded building and shall be used solely for that purpose. The fee shall be payable as to any building, residential or non-residential, which:
1. Is vacant for more that ninety days for any reason, or
2. Is boarded up by voluntary action of the owner or as the result of enforcement activities by the City.
B. Fee waiver. The vacant or boarded building monitoring fee may be waived by the building official upon a showing by the owner that:
1. The owner has obtained a building permit and is progressing diligently to repair the premises for occupancy, or
Created: 2023-06-14 12:30:40 [EST]
()
2. The building meets all applicable codes and is actively being offered for sale, lease or rent.
C. Procedure. The vacant or boarded building monitoring fee shall be billed to the owner of the property and mailed to the owner's address as set forth on the last equalized assessment roll of the county assessor. Any owner billed may apply for a waiver on the grounds set forth in subsection (B) of this section by submitting a written statement of the grounds for the waiver, and the owner's daytime telephone number, to the building official within thirty days after the billing is mailed to the owner. The building official shall review the written statement and may contact the owner to discuss the application for waiver. The building official shall prepare a written decision which shall be mailed to the owner. Any owner who disagrees with the decision of the building official relating to an application for waiver may appeal by submitting a written appeal hearing request to the city clerk within thirty days of receipt of the building official's decision. The hearing shall be set and conducted by ____________.
D. Collection. If the fee is not paid within sixty days after billing, or within sixty days after the decision of the building official or the hearing officer, the fee may be collected through a lien, a special assessment or a civil lawsuit.
________ Securing vacant buildings.
The City Manager or designee may impose such requirements to secure the property as deemed reasonably necessary to protect the public’s health, safety, and welfare. The City Manager or designee shall notify the affected property owner of the decision to impose specific securing requirements in writing. Any owner who disagrees with the decision of the City Manager relating to any specific securing requirements may appeal by submitting a written appeal hearing request to the City Clerk within thirty days of receipt of the written notice imposing specific securing requirements on the property.
________ Authority to designate an agent to resume utility service.
The owner of a vacant building may designate in writing to City an agent to authorize the resumption of City utility service to the property. However, this section shall not be interpreted to reduce or eliminate outstanding debts, fees or costs the owner or agent may be required to pay prior to city utility service connection. ________ Penalties.
Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.