Agenda packet — San Juan Bautista City Council, November 19, 2024

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

CITY COUNCIL

REGULAR MEETING
TUESDAY, NOVEMBER 19, 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
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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. Public Employee Performance Evaluation – (California Government Code section §54956.7(b)(1)) – the City Attorney.
b. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista, et al. (California Government Code section 54956.9(d)(1))

3. INTRODUCTION
A. Ilse Lopez-Narvaez, Associate Planner
Page | 2 City Council November 19, 2024

4. PROCLAMATION
A. Senator Anna Caballero
B. National Philanthropy Day Award Recipients: Ashley Galdos Sasha Galdos, and Karen Stacy

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. PUBLIC HEARING
A. Appeal from Administrative Decision Regarding 701-705 Second Street Recommendation: The City Attorney provides his analysis of the arguments made on appeal and does not offer a substantive recommendation on the outcome of the appeal.

B. An Ordinance Amending Chapter 11 of the San Juan Bautista Municipal Code to add Food Truck Vending
Recommendation: Introduce an Ordinance amending Chapter 11, Zoning, of the San Juan Bautista Municipal Code, to add Food Truck Vending, and hold a Public Hearing.

C. An Ordinance of the San Juan Bautista Municipal Code Adding a Vacancy Registration Fee
Recommendation: Introduce an Ordinance adding the Vacancy Registration Fee to the Municipal Code, and hold a Public Hearing.

7. INFORMATIONAL ITEMS AND REPORTS
A. Treasurer’s Report and Monthly Financial Statements
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council and Staff Announcements
This is an opportunity for the Council and staff to share the community calendar and announce upcoming dates of interest to the public.

D. City Manager’s Report
a. Public Safety Department Update
b. Fire Department Update
c. Sheriff Department Update
d. Recreation Department Update

8. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests discussion or a separate vote.

A. Approve the Affidavit of Posting Agenda.

B. Waive Reading of Ordinances and Resolutions on the Agenda Beyond Title C. Approve a RESOLUTION Authorizing Street Closure for Rotary Holiday of Lights Parade D. Approve a RESOLUTION Adopting the Recreation Coordinator Job Description E. Approve the Regular Meeting Minutes of July 16, 2024.

F. Approve the Special Joint Meeting Minutes of July 16, 2024.

Page | 3 City Council November 19, 2024
G. Approve the Regular Meeting Minutes of August 20, 2024.

H. Approve the Special Meeting Minutes of September 10, 2024.

I. Approve the Regular Meeting Minutes of October 15, 2024.

9. ACTION ITEMS
The Recommendation indicates the staff recommendation at the time the agenda was prepared. That recommendation does not limit the City Council alternative actions on any matter before it.

A. Memorandum of Understanding with San Benito County Regarding Development Within the City’s Planning Area
Recommendation: Approve a RESOLUTION accepting the draft San Benito County Urban Growth Boundary/Sphere of Influence (“UGB/SOI”) Memorandum of Understanding (“MOU”) and sending it to the County for consideration and approval.

B. Amendment to the San Benito County Governments (SBCOG) Joint Powers Agreement Recommendation: Approve a RESOLUTION Amending San Benito County Governments (SBCOG) Joint Powers Agreement to Increase terms for Member Agency Appointments to the Board of Directors.

C. Historic Preservation Services with Rincon Consulting, Inc.

Recommendation: Authorize the City Manager to execute a professional services agreement with Rincon Consulting Services for historic preservation purposes.

D. City Treasurer Vacancy
Recommendation: Direct Staff to Open up a Recruitment to fill the City Treasurer position.

E. Historic Resources Board / Planning Commission Vacancy Recommendation: Direct Staff to open a recruitment.

10. DISCUSSION
A. Discussion of City Manager Transition
B. Discussion of City Economic Development Policies

11. FUTURE AGENDA ITEMS

12. ADJOURNMENT

AGENDA MATERIAL / ADDENDUM
Any addendums will be posted not later than 72 hours before regular meetings or 24 hours of special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street San Juan Bautista and are posted on the City website www.san-juan-bautista.ca.us subject to Staff’s ability to post the documents before the meeting, or 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 Page | 4 City Council November 19, 2024
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 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, November 15, 2024, on the bulletin board at City Hall, 311 Second Street, the bulletin board at the City Library, 801 Second Street, the bulletin board at the entrance to the United States Post Office, 301 The Alameda, and the City’s website.

Meetings are streamed live at https://www.facebook.com/cityofsanjuanbautista/.

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
Item: 6.A
City Council Meeting
November 19, 2024
DATE: NOVEMBER 19, 2024
DEPARTMENT: CITY ATTORNEY
FROM: KENNEDY, ARCHER & GIFFEN
BY: KENNEDY, ARCHER & GIFFEN
TITLE: APPEAL FROM ADMINISTRATIVE DECISION
REGARDING 701-705 SECOND STREET
RECOMMENDATION:

Consider the appeal from Bill and Carmen Adams (collectively, “Adams”) concerning 701 Second Street in San Juan Bautista (the “Property”) described in this report. Decide whether to affirm or deny the February 5, 2024 decision of City Manager Don Reynolds, acting as planning director pursuant to Chapters 2-2 and 11-29 of the San Juan Bautista Municipal Code (“SJBMC”), to grant the request of Property owner Robert Cassel (“Cassel”) to designate the property line along Jefferson Steet as the Property’s front yard so Cassel could enhance his privacy by building a sixfoot fence in place of the existing six-foot hedge along Second Street. Further, affirm the right of Cassel to install a six-foot fence between the Property and adjacent land owned by Adams (since the City Manager’s decision, Cassel has built a six-foot fence between his property and Adams’ property). Finally, decide whether, based on the City Manager’s decision, Cassel has the right to install a separate six-foot fence along his Second Street boundary to replace an existing six-foot hedge in that location.

The City Attorney offers no substantive recommendation on the outcome of this appeal.

Rather, the City Attorney offers his analysis of the arguments made on appeal.

EXECUTIVE SUMMARY:

This appeal concerns 701 Second Street, which is a lot located on the corner of Second and Jefferson Streets (the “Property”). The Property is immediately adjacent to 705 Second Street, owned by the Adams. Prior to February 2024, the Property’s boundary line along Second Street was the Property’s designated front yard. In early 2024, Cassel requested the City to change the designation of his front yard from Second Street to Jefferson Street. This request was granted in a letter dated February 5, 2024 (“City Letter”) from the City Manager, acting as planning director pursuant to Chapters 2-2 and 11-29 of the SJBMC. The City Letter acknowledged that the purpose of this revised front yard designation “is to enhance your [Cassel’s] ability to increase your privacy by the installation of a six-foot fence in place of the existing six-foot hedge along Second Street.” Subsequently, the City received a letter from the Adams dated June 1, 2024 (Adams Letter) in which the Adams expressed concerns that the proposed fence would obstruct visibility at the Adams’ driveway and pose a hazard to pedestrians. Since the receipt of the Adams Letter, the City Attorney and other City staff in active communication with both Cassel and the Adams with respect to this dispute; including correspondence with the Adams’ legal counsel. The Adams and their counsel initially requested the City to review the approval granted by the City Manager, and to determine Cassel’s right to build his proposed 6-foot fence along Second Street to replace the existing six-foot hedge which has grown on the property for years. In the meantime, Cassel has built a six-foot fence between his property and the Adams property. Since that construction, the Adams have requested the City review Cassel’s right to build the six-foot fence between the two properties. Cassel has not yet built a six-foot fence along Second Street to replace the long-existing six-foot hedge.

BACKGROUND:

Chapter 11-29 of the SJBMC defines “Lot, corner” as “…a site bounded by two (2) or more adjacent street lines that have an angle of intersection of not more than one hundred thirty-five (135) degrees.” Further, Chapter 11-29 designates the front yard of a corner lot as follows: “The front yard of a corner lot shall adjoin the shortest street property line; provided, that where street property lines are substantially the same length, the planning director shall determine the location of the front yard.” Prior to February 2024, the Property’s boundary line along Second Street was the Property’s designated front yard.

In early 2024, Cassel requested that the City designate the Property’s boundary line along Jefferson Street as the Property’s front yard. The City Manager, as acting planning director pursuant to Chapters 2-2 and 11-29 of the SJBMC, granted this request in the City Letter. Section 2-2-120 of SJBMC (City Manager powers) authorizes the City Manager to “…perform the work for any other department, division or bureau,” including the planning director under the meaning of Chapter 11-29.

The City Letter acknowledged that the purpose of this revised front yard designation “is to enhance your [Cassel’s] ability to increase your privacy by the installation of a six-foot fence in place of the existing six-foot hedge along Second Street.” This statement referred to the Adam’s plans to replace the six-foot hedge that stood along Second Street with a six-foot fence. Section 10-1-505 of the SJBMC provides that a fence in a front yard may not exceed 3 feet above the elevation of the surface of the ground, while fences in other locations may be 6 feet or even 8 feet in a rear or side yard under certain circumstances. Based on the City Letter, Cassel built a 6-foot fence between the properties.

Subsequently, the City received a letter from the Adams dated June 1, 2024 (Adams Letter) in which the Adams expressed concerns that the proposed fence would obstruct visibility at the Adams’ Driveway and pose a hazard to pedestrians. Since the receipt of the Adams Letter, the City Attorney and other City staff been in active communication with both Cassel and the Adams with respect to this dispute; including correspondence with the Adams’ legal counsel.

Since construction of the fence between the properties, the Adams and their counsel have requested the City review Cassel’s right to build the six-foot fence between the two properties, as well as Cassel’s right to build a six-foot fence along Second Street. Cassel has not yet built a sixfoot fence along Second Street to replace the long-existing six-foot hedge.

DISCUSSION
A. Summary and Analysis of Adams’ Appeal
In an email dated July 2, 2024, Adams expressed through their counsel multiple code compliance and safety concerns regarding Cassel’s fence and the City Manager’s approval thereof.

The email forms the basis of the Adams’ appeal:
1) Property’s boundaries not of substantially the same length Adams asserts that the Property’s lines are not of “substantially the same length” under the meaning of SJBMC Chapter 11-29. Adams argues that one property line is 80 feet and the other is 100 feet, and thus they are not substantially the same. This suggests that the City Manager did not have the authority to designate the front yard in this case.

Note in rebuttal to Adams that the SJBMC does not define the term “substantially the same length.” As such, the SJBMC grants discretion for the City to determine whether the difference between 80 feet and 100 feet is substantial, or not. In fact, no measurements of any kind (i.e., exact foot difference or percentage) are referenced in the code to define “substantially the same” for the purposes of Code Section 11-29; even though other sections of the code clearly set other requirements in the form of objective measurements. This suggests that the drafters of this section of the SJBMC intended to leave such discretion to the City. 2) Designation of Jefferson Street as the front property line creates or worsens a nonconforming situation
Adams alleges that the City Manager’s designation of Jefferson Street as the front property line creates or worsens a nonconforming situation ⸺ even if such designation is valid. Adams argues that the Cassel house is less than 10 feet from the property line on Jefferson Street; despite a zoning code that requires a 20-foot setback in the case of front yards, a 5-foot setback in the case of side yards, and a 20-foot setback in the case of rear yards. This argument is consistent with section 11-03-010 of the SJBMC.

In rebuttal to Adams, note that non-conforming structures may continue, pursuant to section 11-15-020 of the SJBMC. Section 11-15-020 provides: “Any use, building or structure existing on the effective date of the ordinance codified in this Title which does not conform with the provisions of this Title for the zone in which it is located shall be deemed to be a nonconforming use, building or structure and may be continued except as hereinafter specified; provided, however, that this Section does not apply to any use, building or structure established in violation of the zoning ordinance previously in effect.” The legislative history of section 11-15-020 suggests it is based on the following ordinances: Ords. 2015-21 (9/15/15), 2017-01 (1/17/17), 2019-06 (11/19/19). If the Cassel home and its current setback predates 2015, the City may view the placement as a valid continuing use under section 11-15-020. 3) 10-foot setback from Second Street is required for any fence along Second Street Adams argues that a 10-foot setback from Second Street is required for any fence along Second Street (if Second Street is validly designated as the front yard). Section 10-1-505 (B) of the SJBMC provides: “…no such fence, wall, or hedge within twenty-five feet (25') of the common lot line shall be closer to the side street lot line than one-half (1/2) the least depth of the front yard required on such other lot fronting the side street.” Adams contends that, if Second Street is validly designated as the front yard, the Cassel property is a corner lot with a rear property line that abuts the side lot line of the Adams property; thus, the required front yard for the Adams lot is 20 feet, so the fence must be set back at least 10 feet from Second Street.

Rebuttal to Adams: As above in paragraph 2, to the extent that any aspect of the Cassel home or proposed fence (that is the same as the existing hedge line) is non-conforming, that nonconformance may continue, pursuant to section 11-15-020, provided that the Cassell home and other improvements on the property are older than 2007. Additionally, pursuant to section 11-15- 050, a non-conforming structure or use that is determined by the Planning Commission to be of the same or a more desirable nature may be substituted for another nonconforming use. 4) SJBMC evidences need to prevent fences or hedges from obscuring visibility Adams argues generally that the need to prevent fences or hedges from obscuring visibility is evident in several sections of the code. For example, the code requires that front yard fences, walls and hedges should be no more than 3 feet high to avoid obscuring visibility. (See SJB Municipal Code Section 10-1-505 (D)). The code also provides: “On a corner lot a fence or hedge over four feet (4') in height above the average crown of adjacent streets shall be not less than twenty feet (20') from the point of intersection of the street right-of-way lines, or said lines extended, or less than ten feet (10') from said right-of-way at any point.” (SJB Municipal Code Section 10-1-505 (C)).

Rebuttal to Adams: As above, the existing hedge line (which mirrors in location and height the proposed fence along Second Street) is a non-conforming use that may continue under Code Section 11-15-020 and may be substituted by the fence as another non-conforming structure or use that is of the same or a more desirable nature, pursuant to Code Section 11-15-050. Note that the existing hedge is decades old and is currently causing the same visual hazard as the fence will, suggesting that problems would have already arisen if the conditions were as hazardous as Adams claims.
5) Inherent safety issue due to pedestrian traffic on Second Street Adams argues that there is an inherent safety issue due to pedestrian traffic on 2nd Street, which is in proximity to a neighborhood park and library.

Rebuttal to Adams: Note that the existing hedge is decades old and is currently causing the same visual hazard as the fence will, suggesting that problems would have already arisen if the conditions were as hazardous as Adams claims. There is no evidence of any prior injuries to pedestrians or other safety issues arising as a result of the long-standing hedge. 6) Proposed fence, designed to follow the current hedge line, would violate section 10-1-505 of SJBMC
Finally, Adams contends that, whether or not the designation of the new front yard is valid, the hedge abutting the Adams driveway is in violation of section 10-1-505, subsections (B) and (C), of the SJBMC. This suggests that the proposed fence, designed to follow the current hedge line, would also violate these provisions. Section 10-1-505(B) provides: “If not exceeding at any point eight feet (8') in height above the elevation of the surface of the ground at such point, they [fences, walls and hedges] may be located in any required rear yard or side yard, provided that on a corner lot, abutting in the rear the side lot line of another lot in an R District, no such fence, wall, or hedge within twenty-five feet (25') of the common lot line shall be closer to the side street lot line than one-half (1/2) the least depth of the front yard required on such other lot fronting the side street.” Section 10-1-505(C) provides that fences, walls and hedges “On a corner lot a fence or hedge over four feet (4') in height above the average crown of adjacent streets shall be not less than twenty feet (20') from the point of intersection of the street right-of-way lines, or said lines extended, or less than ten feet (10') from said right-of-way at any point.” Rebuttal to Adams: As above, the existing hedge line is a non-conforming use that may continue under Code Section 11-15-020.

FISCAL IMPACT:

No fiscal impact to City. If the Adams appeal is approved, the Property owner may be required to remove the portion of the new fence already constructed.

ATTACHMENTS:

City Letter dated February 5, 2024
Adams Letter dated June 1, 2024
JRG Email dated July 2, 2024
Photographs of Fence
Survey of Property with Measurements

Sent: Wednesday, July 3, 2024 7:05 PM
To: Don Reynolds <
Cc: y ; Roy Morales <P ;
Trinh Retterer
Subject: Re: Cassel Fence Installation - 701 2nd St.

Thanks Don. Happy 4th!
Looking forward to talking after the City Attorney has had a chance to review. Hoping sooner than later, preferably next week, and before the fence goes up.

Sent from my iPhone
On Jul 3, 2024, at 5:00 PM, Don Reynolds <
wrote:

I have sent this to our City Attorney. Happy 4th!
Don Reynolds
City Manager
San Juan Bautista
P.O. Box 1420
311 Second Street
San Juan Bautista CA 95045
From: Jason Retterer <J >
Sent: Tuesday, July 2, 2024 5:51 PM
To: Don Reynolds <c
Cc: y ; Roy Morales < -
bautista.ca.us>
Subject: Cassel Fence Installation - 701 2nd St.

Don:

Our firm represents Bill and Carmen Adams.

We understand that the City has corresponded with the Adams, who reside in and own the property located at 705 2nd Street, and the Cassels, who reside in the property located at 701 2nd Street, which is adjacent to the Adams’ property to the northwest, regarding the installation of a 6 foot high fence.

We understand that you may have been acting in the capacity of planning manager by providing a determination that the property line along Jefferson Street may be designated as the front yard, pursuant to San Juan Bautista Municipal Code definition for “Lot, corner.”
We have several concerns regarding the permitting, location, and height of the fence, as follows –

1. The planning manager’s determination is appropriate in the case of a corner lot with property lines of “substantially the same length.” The code allows the planning manager to designate the front lot when the difference in length of the property lines is not clear. In this case, however, there is a clear difference in length – one property line is 80 feet and the other is 100 feet, which is a 25 percent difference and not “substantially the same.”

2. Your designation of Jefferson Street as the front property line creates or worsens a nonconforming situation. The Zoning Code requires minimum property line setbacks of 20 feet for the front, 5 feet for sides, and 20 feet for the rear in the R-1-7 zoning district. The Cassel house is less than 10 feet from the property line on Jefferson Street. Based on the current layout of the house and its distance from the property lines along 2nd St. and Jefferson, the house was clearly designed so the front yard of the home would be along 2nd St. The City could verify this by reviewing its permitting files for the property and any site plans that were approved in conjunction with any building or planning permits that were issued for the house.

3. Even if Jefferson is the front property line, then “on a corner lot, abutting in the rear the side lot line of another lot in an R District, no such fence, wall, or hedge within twenty-five feet (25') of the common lot line shall be closer to the side street lot line than one-half (1/2) the least depth of the front yard required on such other lot fronting the side street.” In other words, the Cassel property is a corner lot with a rear property line that abuts the side lot line of the Adams property, in which case that the distance from the street must be at least one-half the front yard required for the Adams’ lot; the required front yard for the Adams lot is 20 feet, so the fence must be at least 10 feet from 2nd Street. (See SJB Municipal Code Section 10-1-505 (B)).

4. The need to prevent fences or hedges from obscuring visibility is evident in several sections of the code, including the one cited above. For example, the code is clear that front yard fences, walls and hedges should be no more than 3 feet high in order to not obscure visibility. (See SJB Municipal Code Section 10-1-505 (D)). While the City’s interpretation regarding the front yard is inconsistent with the plain language of the code, the code also indicates that “on a corner lot a fence or hedge over four feet (4') in height above the average crown of adjacent streets shall be not less than twenty feet (20') from the point of intersection of the street right-of-way lines, or said lines extended, or less than ten feet (10') from said right-of-way at any point.” (SJB Municipal Code Section 10-1-505 (C)).

5. Setback and fence regulations aside, and most importantly, there is an inherent safety issue due to pedestrian traffic on 2nd Street, which is in

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Item No. 6.B
City Council Meeting
November 19, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: TUESDAY, NOVEMBER 19, 2024
DEPARTMENT: PLANNING DEPARTMENT
FROM: MAGDA GONZALEZ, SENIOR PLANNER (4LEAF)
TITLE: ADOPT A RESOLUTION APPROVING CHAPTER 11-16 MOBILE

FOOD TRUCK VENDING ORDINANCE
RECOMMENDED MOTION:

Adopt an Ordinance amending the San Juan Bautista Municipal Code to add Chapter 11-16, Mobile Food Truck Vending, to Title 11, Zoning, to regulate and allow the parking of food trucks on City streets in select areas within the City.

RECOMMENDATION:

Approve the Adoption of Chapter 11-16 Mobile Food Truck Vending Ordinance.

EXECUTIVE SUMMARY:

The Planning Commission of the City of San Juan Bautista has worked with staff to prepare mobile food truck vending standards to be presented to the City Council for review and adoption as an ordinance to the San Juan Bautista Municipal Code.

The city has determined that there is a surge in demand for mobile food truck vending in the city and that the regulation of Mobile Food Trucks within the City’s right-of-way is necessary in order to protect the health, safety, and welfare of the public, as well as to promote the public interest by regulating the areas and methods of operation. To achieve this, the City determined that all persons and/or entities that desire to vend from mobile food trucks within the City must be issued a permit pursuant to the requirements set forth by the City.

The proposed regulations will ensure public safety and welfare and by allowing Food Trucks to operate within two (2) specific locations within the City’s right-of-way. As proposed, mobile food trucks will be permitted to operate: The Alameda, directly in front of the Soccer Field; Muckelemi Street, area directly across Valero Gas Station; and Abbe Park, along 4th Street. Graphics showing the three locations are included below as Figure A.

Figure A: Proposed Locations
Item No. 6.B
City Council Meeting
November 19, 2024
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Location 1: The Alameda - Soccer Field
Location 2: Valero Gas Station
Item No. 6.B
City Council Meeting
November 19, 2024
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Location 3: Abbe Park, along 4th Street
BACKGROUND:

The ordinance, Chapter11-16 Mobile Food Truck Vending, will address the recent influx of mobile food trucks within the city boundaries. Additionally, it will address residents’ needs for more food options and will provide opportunities for employment, entrepreneurship and upward mobility.

During a public hearing held on April 2, 2024, Staff brought forth a draft ordinance for discussion and feedback during a Planning Commission meeting. The Planning Commission requested staff host a workshop to enable the community the opportunity to participate in drafting this ordinance and tailor the ordinance to meet residents’ needs. There was also discussion regarding the operation of mobile food trucks in the historic district and potential negative impacts that use may have.

City Staff held two public outreach events, one on May 18, 2024, and another on May 20, 2024.

The intent of the workshops was to inform the public about the proposed ordinance and consider their input. The community provided a lot of great feedback that enabled staff to better understand their concerns and priorities.

Based on the feedback received, staff updated the ordinance to address the feedback received. The ordinance was modified to included extending the hours of operation, eliminating the short-term operations permit, creating a map with specific location where mobile food trucks may operate, creating a streamlined application, and establishing a fee. Staff scheduled a Mobile Food Vending Discussion with the Planning Commission on July 2, 2024. However, this item was rescheduled to a date certain of August 6, 2024.

Item No. 6.B
City Council Meeting
November 19, 2024
Page | 4
On July 11, 2024, the City Manager, staff and with a local food vendor to discuss viable mobile food truck locations. A few viable location options were discussed include 2nd Street in front Plaza Square (State Park Plaza), The Alameda in front of the soccer field, and Muckelemi across from the Valero Gas station. Staff contacted State Park to obtain their feedback on the proposed location and were informed that the area was not a viable location because it is designated as a fire lane.

As such, staff was left with two location options.

As part of the research and review process, Staff considered and evaluated narrow streets, limited off-street parking, and other related safety hazards that may potentially create safety hazards to safely operating mobile food vending. Based on these concerns, staff amended the ordinance to includes a change in locations and days of operations. The ordinance proposes two specific locations, that based on their existing use and design, should not be negatively impacted by food trucks and their customers. The ordinance also proposes to only allow mobile food vendors to operate Mondays and Tuesdays when most restaurants within the city are closed thus reducing the potential impact brick-and-mortar businesses may experience with the sale of mobile food items.

On August 27, 2024, the Planning Commission held a special meeting to consider a Municipal Code Amendment to add Chapter 11-16 Mobile Food Truck Vending. The Planning Commission unanimously approved a resolution recommending approval to the City Council. During this meeting the Commission directed staff to include Abbe Park, along 4th Street, as an approved located for mobile food vending. Abbe Park has proved to be a suitable location for this type of use as it currently hosts mobile food trucks during baseball games and other events. The proposed changes to the ordinance will enable to the city to adopt the ordinance, test the waters, and modify the ordinance as necessary. Once the ordinance has been adopted and permits issued the city will have the ability to gage if the ordinance, as written, is addressing the city’s needs. If changes need to be made, staff can bring the amendments before you for your consideration and approval. Once this ordinance has been adopted and mobile food trucks successfully operate within city limits staff intends to bring before you a mobile food ordinance specifically tailored for private properties.

ENVIRONMENTAL REVIEW:

The Municipal Code amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) Guidelines, 14 California Code of Regulations, pursuant to Sections 15060, subdivisions (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivisions (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

FISCAL IMPACT:
$0.

RECOMMENDATION:

That the City Council take the following actions.

Item No. 6.B
City Council Meeting
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1. Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Sections 15060(c)(2) and 15061(b)(3);

2. Approve a Resolution to Amend the Municipal Code to add Chapter 11-16, Mobile Food Truck Vending. The existing chapters 11-16 to 11-20 will be reassigned;

3. Continue the hearing and direct Staff to provide additional information or clarification.

ATTACHMENTS:

1. Resolution approving Municipal Code Amendment to add Chapter 11-16, Mobile Food Truck Vending Ordinance.

2. Planning Commission Resolution No. 2024-05 recommending City Council approval of an amendment to the Municipal Code to add Chapter 11-16, Mobile Food Truck

3. Mobile Food Truck Vending Application
Item: 6.B
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ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AMENDING THE MUNICIPAL CODE TO INCLUDE CHAPTER 11-16 MOBILE FOOD TRUCK VENDING TO TITLE 11, ZONING
WHEREAS, the City occasionally initiates an amendment to the Municipal Code in order to codify requirements for specific uses or activities; and
WHEREAS, the City desires to add a new Chapter 11-16 Mobile Food Truck Vending; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 27, 2024 to review the new Chapter 11-16 Mobile Food Truck Vending; and WHEREAS, the Planning Commission adopted Resolution 2024-05 recommending City Council approval of the proposed changes to Title 11 Zoning of the Municipal Code; and WHEREAS, the proposed Municipal Code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of Regulations, Section 15060, Subdivision (c)(2) and Section 15061, Subdivision (b)(3).

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Bautista does hereby ordain as follows:

SECTION 1: The San Juan Bautista Municipal Code is hereby amended as follows:

1.1.Chapter 11-16 added. Chapter 11-16 “Mobile Food Truck Vending” is hereby added to read as follows:
11-16 Mobile Food Truck Vending
11-16-010 Intent.
(A) The intent of this chapter is to establish a permitting and regulatory program for Mobile Food Vendors in compliance with State Statutes. The provisions herein are set forth to protect the public’s health, safety, and welfare as follows:
(1) Ensure no unreasonable interference with the flow of pedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, place of business, park, areas located within the immediate vicinity of a permitted certified farmers' market and a permitted swap meet, an area designated by a temporary special permit issued by the City, street to the sidewalk, and by persons exiting or entering parked or standing vehicles.
(2) Provide continuous access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.
(3) Reduce exposure to the City for personal injury or property damage claims and litigation; and Ensure vending activities occur only in locations where such activities would not restrict sidewalk and pathway access and enjoyment by individuals with disabilities pursuant to the American with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Notwithstanding all other applicable provisions of this article, it is unlawful to sell, offer for sale, display, disperse, permit, or authorize the sale, display or dispersal of any Food or Beverage from a food truck unless Item: 6.B
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such food truck is operated in accordance with the provisions of this article and in accordance with state and local law.
(B) This chapter is not intended to enforce and/or regulate pedestrian food vendors, those mobile food vendors who operate human powered push carts, and/or other non-self-propelled vehicles including trailers. Such vendors may be regulated by other chapters in this municipal code and/or by other State or local laws. A Mobile Food Truck special event requires a temporary use permit not regulated by this chapter. (C) This chapter is not intended to regulate Mobile Food Truck Courtyard/Parks on private property. Said use will be regulated by a different chapter of the San Juan Bautista Municipal Code. 11-16-020 Findings.
(A) Mobile Food Trucks have the potential to foster an active, vibrant, and social pedestrian environment in areas and communities throughout the City. Although Mobile Food Trucks can be a focal point to the community, they can also create certain dangers to public health, safety, and welfare if not adequately regulated. (B) A Mobile Food Truck Vendor is less attentive to pedestrian and vehicular traffic while driving and looking for potential customers which presents obvious traffic and safety risks. A Mobile Food Truck Vendor parking their vehicle improperly creates an obstruction and may increase the safety risks to pedestrians and other vehicles. The City of San Juan Bautista seeks to prevent these unnecessary safety risks to the community. (C) Parking Mobile Food Trucks in highly congested areas to do business may increase existing traffic issues and obstruct sidewalks and pedestrian paths of travel. As such, this could create increased safety issues for pedestrians using the public sidewalk, as well as a safety risk to pedestrians attempting to buy from the Mobile Food Truck Vendor. This safety risk is particularly acute around schools where children, and their parents are travelling to and from the site.
(D) The City of San Juan Bautista has an important, as well as a substantial, public interest in providing the community regulations to prevent safety, traffic, and health hazards, while preserving the peace, security, and welfare of the community.
11-16-030 Definitions.
(A) Beverage. A liquid for drinking that does not contain alcohol. (B) Food. Any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, Beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum. (C) Mobile Food Truck(s) (MFT). Means any “vehicle” or “trailer,” as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of prepared unpackaged Food of any kind. A “mobile food truck” and “food truck” shall include any trailer designed primarily for dispensing food provisions but only if always attached to a motor vehicle during which the food provisions are dispensed. This includes any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged Food is sold. Mobile Food Trucks as defined in this title, does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence.
(D) Mobile Food Truck Vendor. A mobile food truck vendor is a person, or any form of business entity involved in the sale of prepared, unprepared, prepackaged, or unpackaged food of any kind on private or public property including streets, sidewalks, roadways, highways, and parkways from a Mobile Food Truck as described above.

Item: 6.B
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(E) Notarized Parking Authorization Form. A notarized and typed or handwritten (legible) document signed by a Mobile Food Vendor and developed private property owner or legal representative indicating the Mobile Food Vendor may utilize parking spaces within the development. (F) Authorization for use of Restroom Facilities Form. A typed or handwritten (legible) document signed by a Mobile Food Vendor and developed private property owner or legal representative indicating the Mobile Food Vendor may utilize the restroom facilities located on the private property. (G) Operate. The terms “operate(s)” or “operation” shall mean all activities associated with the conduct of business, including but not limited to, set up, take down, and actual hours when the Mobile Food Truck is open for business. An “owner” or “operator” of a Mobile Food Truck is any person or business entity that owns or operates a Mobile Food Truck.
(H) Right-of-way. A path or route that may lawfully be used. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another. (I) Mobile Food Vending Permit or Permit. Means a permit which allows a business to sell, serve, or give away food and/or drinks to the public from a Mobile Food Truck(s). This permit further allows a mobile food vendor to operate within the specific locations designated by the City and approved by the City Engineer.

The terms Mobile Food Vending Permit or Permit refers to both types of such permits offered by the City:
long-term operations and developed property operations. Applicants may apply for one or both permit types.

1. Long-term Operations allows a mobile food truck to operate at a specific location for one (1) hour or longer, for a maximum of four (4) hours.

2. Developed Private Property allows a mobile food truck’s hours of operation to run concurrently with those hours of the developed private property on which the MFT is located. Alternatively, the MFT may propose alternative hours of operation in which the vendor and the developed private property owner or legal representative have agreed upon, not to exceed the general hours of operation of 6:00 a.m. to 10:00 p.m.
(J) Unsanitary Conditions. Conditions or circumstances that might contaminate food with dirt or filth or lead to injury or health problems.
11-16-040 Applicability and Location.
(A) Application for any Mobile Food Vending Permit shall be filed with the Planning Department on a form prescribed by the City Engineer and shall contain all fees, information, licenses, and documentation (collectively, “Documentation”) deemed necessary by the Planning Director or designee to review and take action on the application. Documentation includes, but is not limited to, a Mobile Food Vending Permit Application. A Mobile Food Truck Vendor may apply for only ONE of the allowed permits as described in 11-16-050(B).
(B) A list of approved locations is listed below:
(1) The Alameda, along the front of the Soccer Field.
(2) Muckelemi, across the Valero Gas Station.
(3) Abbe Park, along 4th Street.

The City Engineer may from time to time impose parking time limits upon Mobile Food Trucks in areas that they deem necessary for the safe passage of pedestrians and vehicles. If the city engineer determines that any owner operator of any Mobile Food Truck is operating such food truck in a manner that affects vehicular or pedestrian safety, Item: 6.B
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such operation shall be prohibited, and the owner and operator of such Mobile Food Truck shall be subject to enforcement action as set forth in this article.
11-16-050 Requirements, Licenses, and Process.
(A) Process:
(1) Upon receipt of a completed Mobile Food Vending Permit application, and all related documents and fees deemed necessary by the Planning Director or designee. (2) City Engineer will review the application submittal to determine completeness. (a) If application submittal is deemed complete in staff’s discretion, it will be reviewed for approval or denial.
i. The review period shall not be more than 7 (seven) days. A written determination will be provided on the Permit application form.
(b) If application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. If applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.
(c) If an application is approved, the applicant will be notified and will be provided with a copy of the approved application as well as the Permit.
(d) If an application is denied the applicant shall have the right to appeal the decision to the Planning Commission by submitting a written request and paying the corresponding fee. The appeal process shall be in accordance with Section 11-15 Appeals of the Municipal Code. (B) Right-of-way Operation Requirements by application type:

The application type required of each Mobile Food Vendor will be in the sole discretion of the Planning Director or designee.
(1) Long-Term Operations: The applicant shall supply a Site Plan, fees, Documentation and other information that the Planning Director or designee may reasonably require based upon the location, intensity, and level of services required for each proposed Mobile Food Truck. The applicant must show or provide, at a minimum, the following information:
(a) Completed Mobile Food Vending Permit Application, and; (b) Completed Encroachment Permit Application, and
(c) Fire Department permit, and
(d) Authorization for use of Restroom Facilities Form, and; (e) Compliance with State and local laws, by submitting the following:
(i) Copy of California Sales Tax Permit, and;
(f) Business License from the City, and;
(g) Health Permit issued by the San Benito County Environmental Health Services Department, and; (h) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck, and;
(i) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the Mobile Food Truck begins commercial operations to ensure that all conditions are met, including cleanup.
(j) Copy of current California DMV registration for proposed Mobile Food Truck. (2) General Operations: The applicant shall supply a Site Plan, fees, Documentation and other information that the Planning Director or designee may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information:
(a) Completed Mobile Food Vending Permit Application with Site Plan, and; Item: 6.B
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(b) Completed Encroachment Permit Application, and
(c) Fire Department permit, and
(d) Authorization for use of Restroom Facilities Form, and; (e) Notarized Parking Authorization Form, and;
(f) Compliance with State and local laws, by submitting the following:
(i) Copy of California Sales Tax Permit, and;
(g) Business License from the City, and;
(h) Health Permit issued by the San Benito County Environmental Health Services Department. (i) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck, and;
(j) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the Mobile Food Truck begins commercial operations to ensure that all conditions are met, including cleanup.
(k) Copy of current California DMV registration for proposed Mobile Food Truck. 11-16-060 Operational Standards.
(A) An owner or operator of a Mobile Food Truck:
(1) Shall only sell the food and/or beverages approved by the San Benito County Environmental Health Department.
(2) Shall only sell between the hours of 6:00 a.m. to 10:00 p.m. Except as otherwise provided in this section, it shall be unlawful for any person to operate any Mobile Food Truck in any such manner at any other time and except in compliance with all other applicable provisions of this article. (3) Shall only display one (1) A-frame sign per food truck. The A-frame sign shall be located in close proximity to the mobile food truck and shall be located a minimum of five (5) feet from a driveway apron, outside of the required travel area for ADA purposes on sidewalks and shall not be located within the City’s right-of-way or within any City owned landscaped area. No other signs including banners, pennants, or flags are permitted.
(4) Shall provide trash receptacles, on the site at which it is permitted to operate, large enough to contain all trash generated by the operation of such mobile Food Truck. Recycling bins and food compost bins for use by their patrons must available at all times during hours of operation. (5) Shall use recyclable materials and biodegradable cutlery and straws only. All operators are prohibited from using polystyrene food service ware, consistent with Title 5 – Public Health, Safety and Welfare. (6) Shall properly dispose of grease and liquid waste. No grease and/or liquid waste shall be disposed of in tree wells, storm drains, sanitary sewer systems, public streets, or any other unapproved location. (7) Shall comply with all applicable parking and traffic regulations. (8) Shall not leave the approved location vacant for an extended period. Failure to not occupy an approved location within a thirty day period without notification shall result in the revocation of the approved location and Mobile Food Vending Permit.
(B) No owner or operator of a Mobile Food Truck may park or operate any Mobile Food Truck:
(1) Over a street curb, sidewalk, or parkway. Any food truck operating in the public right-of-way shall do so only on a paved roadway and adjacent to a concrete or asphalt sidewalk or path. (2) May not place any signs, chairs, stools, tables or other fixtures or furniture on any portion of Item: 6.B
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the street, sidewalk, or public right-of-way.
(3) May stop, park or operate any Mobile Food Truck in any manner which may prevent the routine street sweeping of roadways by city maintenance crews at any location. (4) Upon any street or sidewalk within the city in any manner that impedes the flow of vehicular or pedestrian traffic in any manner or that impedes the flow or use of any public right-of-way, nor shall it impede any ADA path of travel.
(5) That is defective, unsafe, or in an unsanitary condition or which is otherwise parked or operated in violation of any provision of the California Vehicle Code or any other applicable law, regulation or standard.
(6) Without written permission of the private property owner when on private property. (7) And leave the Food Truck overnight on any public street, park or public property. (8) And leave unattended said Mobile Food Truck in any right-of-way for longer than thirty minutes. (9) On diesel- or gas-powered generator exceeding seventy decibels, measured at a distance of five feet from the unit.

To the extent the provisions of this article conflict with other provisions of the San Juan Bautista Municipal Code, the provisions of this article shall supersede such other conflicting provisions and shall control. 11-16-070 Exceptions.

Any Mobile Food Truck Vendor identified in an application for a special event submitted to the City of San Juan Bautista pursuant to the City of San Juan Bautista Special Event Program, or any other City sponsored or approved event, shall be exempt from the requirements of this chapter pertaining to Mobile Food Trucks, provided that the Mobile Food Truck is parked for the duration of the special event in order to conduct business. 11-16-080 Approval and Permit Issuance.
(A) The City Engineer, or designee, shall approve and issue a Mobile Food Vending Permit if:
(1) The required permit fees have been paid.
(2) No violation, as outlined in Chapter 13-1 Enforcement, are pending for the Mobile Food Truck Vendor or owner.
(3) The Mobile Food Truck Vendor agrees to comply with the regulations in this chapter. (B) A permit is effective upon approval by the City Engineer, or designee. (C) If the city issues a Mobile Food Vending Permit, the contents of the Permit application shall become Permit conditions, which exist in addition to any other permit conditions and/or restrictions imposed by the city. 11-16-090 Permit Suspension or Revocation.
(A) If the City Engineer or designee, determines that there has been a violation of the Permit or the Mobile Food Truck regulations in this article he or she may provide the Permit holder with a notice of intent to revoke Permit.
(B) The notice of intent to revoke shall describe the violation, require the Permit holder to immediately correct the violation or cause the violation to be corrected, and shall be provided to the Permit holder by personal service, mail, or posting, to the license holder’s place of business or mailed to the last known address. (C) If the Permit holder fails to immediately (within 24 hours) correct the violation or cause the violation to be corrected, the City Engineer or designee may revoke the Permit. The Mobile Food Truck Vendor shall have the right to appeal the City Engineer or designee’s decision in accordance with Chapter 11-17 Permit Application Submittal.
11-16-100 Permit Expiration.

Item: 6.B
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Each Mobile Food Vending Permit shall expire one year from the date of issuance, except if the Permit is suspended or revoked under this article.
11-16-110 Permit Renewal.
(A) A Mobile Food Vending Permit may be renewed under the process for issuance of new Mobile Food Vending Permits then in effect at the time the approval has expired, after one year of issuance. (B) Renewal of a Mobile Food Vending Permit when the Permit was suspended or revoked due to violations or other noncompliance actions will require the applicant to submit a Compliance Plan to the City Engineer or designee. The Compliance Plan shall detail why the original permit was suspended or revoked and outline the specific measures taken to comply with the requirements listed in Section 11-16-060 Operational Standards. The Compliance Plan will be reviewed by the City Engineer or designee and a written determination shall be given within thirty (30) days of a complete application submittal.

This Ordinance was introduced on November 19, 2024, and passed and adopted on _________________.

PASSED AND ADOPTED, by the City Council of the City of San Juan Bautista on this 17th day of December 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
__________________________
Elizabeth Soto, City Clerk
APPROVED AS TO FORM:
___________________________
Jon R. Giffen, City Attorney
PLANNING COMMISSION RESOLUTION NO. 2024-05

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN

BAUTISTA RECOMMENDING CITY COUNCIL APPROVAL OF AN AMENDMENT

TO THE CITY OF SAN JUAN BAUTISTA MUNICIPAL CODE TO INCLUDE A NEW CHAPTER, CHAPTER 11-16 MOBILE FOOD TRUCK VENDING AND THE

ADOPTION OF APPLICATION FEES FOR MOBILE FOOD TRUCK VENDING

PERMITS
WHEREAS, the City occasionally initiates an amendment to the Municipal Code in order to codifu requirements for specific uses or activities; and WHEREAS, the City desires to add a new chapter, Chapter 11-16 Mobile Food Truck Vending, to the Zoning Ordinance; and
WHEREAS, because the new Chapter will be numbered I l-16, the existing Chapters starting at I I - I 6 will need to be renumbered. Staff recommends changing the chapter number of Chapter l1-16, Assignment of Duties to Chapter ll-20 and changing the chapter number of all subsequent chapters in numerical order; and
WHEREAS, because Mobile Food Truck Vending is a new permit type, there are no Application Fees associated with this type of permit request and the City desires to establish a Fee for these types of requests to cover Staff time associated with processing this type of request; and WHEREAS, Staff has recommended that the application fee for Mobile Food Truck Vending permits be established as $150.00 to cover costs associated with the intake, review, processing, and approval of these type of permits. Staff estimates that total City time related to these permits will take one to two hours and the $150.00 cost is equivalent to one hour of Senior Planner time; and
WHEREAS, the Planning Commission held a duly noticed public hearing on August 27, 2024 to review the new Chapter I 1-16, Mobile Food Truck Vending; and WHEREAS, a Staff Report was submitted to the Planning Commission of the City of San Juan Bautista recommending approval of a Municipal Code amendment to add Chapter 11-16, Mobile Food Truck Vending, modification of existing chapter numbers to accommodate the new Chapter, and a proposed application fee; and
WHEREAS, the draft Chapter 1l-16, Mobile Food Truck, is included as Exhibit A to this Resolution; and
WHEREAS, the proposed Municipal Code amendment is exempt from the Califomia Environmental Quality Act (cEQA) pursuant to GEQA Guidelines, 14 california code of Regulations, Section 15060, Subdivision (cX2) and Section 15061, Subdivision (bX3).

Page I I
NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of San Bautista does hereby recommend that the City Council approve the amendment to the Municipal Code to add Chapter 1l-16, Mobile Food Truck Vending; modifu the existing chapter numbers by starting the existing Chapter ll-16, Assignment of Duties, at Chapter 11-20 and renumbering all subsequent chapters in numerical order; and establish an application fee of $ 1s0.00.

PASSED AND APPROVED, by the City of San Juan Bautista Planning Commission on this 27th day of August2024, by the following vote:

AYES: Commissioners: DeVries, Medeiros, Pisano, and Chair Aranda NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:

Chairperson
ATTEST:

Clerk
Pagel2
Chapter ll-16 Mobile Food Vending
11-16 Mobile Food Vending
ll-16-010 lntent.
(A) The intent of this chapter is to establish a permitting and regulatory program for Mobile Food Vendors in compliance with State Statutes. The provisions herein are set forth to protect the public's health, safety, and welfare as follows:
(l) Ensure no unreasonable interference with the flow ofpedestrian or vehicular traffic including ingress into, or egress from, any residence, public building, place of business, park, areas located within the immediate vicinity of a permitted certified farmers'market and a permitted swap meet, an area designated by a temporary special permit issued by the City, street to the sidewalk, and by persons exiting or entering parked or standing vehicles.
(2) Provide continuous access for the use and maintenance of sidewalks, pathways, poles, posts, traffic signs or signals, hydrants, firefighting apparatus, mailboxes, as well as access to locations used for public transportation services.
(4) Notwithstanding all other applicable provisions of this article, it is unlawful to sell, offer for sale, display, disperse, permit, or authorize the sale, display or dispersal of any Food or Beverage from a food truck unless such food truck is operated in accordance with the provisions ofthis article and in accordance with state and local law.
(B) This chapter is not intended to enforce and/or regulate pedestrian food vendors, those mobile food vendors who operate human powered push carts, and/or other non-self-propelled vehicles including trailers. Such vendors may be regulated by other chapters in this municipal code and/or by other State or local laws. A Mobile Food Truck special event requires a temporary use permit not regulated by this chapter. (C) This chapter is not intended to regulate Mobile Food Truck Courtyard/Parks on private property. Said use will be regulated by a different chapter of the San Juan Bautista Municipal Code.

I l-16-020 Findings.
(A) Mobile Food Trucks have the potential to foster an active, vibrant, and social pedestrian environment in areas and communities throughout the City. Although Mobile Food Trucks can be a focal point to the community, they can also create certain dangers to public health, safety, and welfare ifnot adequately regulated. (B) A Mobile Food Truck Vendor is less attentive to pedestrian and vehicular traffic while driving and looking for potential customers which presents obvious traffic and safety risks. A Mobile Food Truck Vendor parking their vehicle improperly creates an obstruction and may increase the safety risks to pedestrians and other vehicles. The City of San Juan Bautista seeks to prevent these unnecessary safety risks to the communify. (C) Parking Mobile Food Trucks in highly congested areas to do business may increase existing traffic issues and obstruct sidewalks and pedestrian paths oftravel. As such, this could create increased safety issues for pedestrians using the public sidewalk, as well as a safety risk to pedestrians attempting to buy from the Mobile Food Truck Vendor. This safety risk is particularly acute around schools where children. and their parents are travelling to and from the site.
(D) The City of San Juan Bautista has an important, as well as a substantial, public interest in providing the community regulations to prevent safety, traffic, and health hazards, while preserving the peace. security, and welfare of the communitu.

I l-16-030 Definitions.

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2024
(3) Reduce exposure to the City for personal injury or property damage claims and litigation; and Ensure vending activities occur only in locations where such activities would not restrict sidewalk and pathway access and enjoyment by individuals with disabilities pursuant to the American with Disabilities Act of 1990 (Public Law l0l-336) and other disability access standards.

Chapter 11-16 Mobile Food Vending
(A) Beverage. A liquid for drinking that does not contain alcohol (B) Food. Any substance as defined by Section I I3781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, Beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum. (C) Mobile Food Truck(s) (MFT). Means any "vehicle" or "trailer," as those terms are defined in the Califomia Vehicle Code, which is equipped or used for retail sales ofprepared unpackaged Food ofany kind. A "mobile food truck" and "food truck" shall include any trailer designed primarily for dispensing food provisions but only if always attached to a motor vehicle during which the food provisions are dispensed. This includes any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged Food is sold. Mobile Food Trucks as defined in this title, does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence.
(D) Mobile Food Truck Vendor. A mobile food truck vendor is a person, or any form of business entity involved in the sale of prepared, unprepared, prepackaged, or unpackaged food of any kind on private or public property including streets, sidewalks, roadways, highways, and parkways from a Mobile Food Truck as described above.
(E) Notarized Parking Authorization Form. A notarized and typed or handwritten (legible) document signed by a Mobile Food Vendor and developed private property owner or legal representative indicating the Mobile Food Vendor may utilize parking spaces within the development. (F) Authorization for use of Restroom Facilities Form. A typed or handwritten (legible) document signed by a Mobile Food Vendor and developed private property owner or legal representative indicating the Mobile Food Vendor may utilize the restroom facilities located on the private propetty. (G) Operate. The terms "operate(s)" or "operation" shall mean all activities associated with the conduct of business, including but not limited to, set up, take down, and actual hours when the Mobile Food Truck is open for business. An "owner" or "operator" of a Mobile Food Truck is any person or business entity that owns or operates a Mobile Food Truck.
(H) Right-of-way. A path or route that may lawfully be used. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another. (l) Mobile Food Vending Permit or Permit. Means a permit which allows a business to sell, serve, or give away food and/or drinks to the public from a Mobile Food Truck(s). This permit further allows a mobile food vendor to operate within the specific locations designated by the City and approved by the City Engineer.

I . Long-term Operations allows a mobile food truck to operate at a specific location for one ( I ) hour or longer, for a maximum of four (4) hours.

2. Developed Private Properfy allows a mobile food truck's hours of operation to run concurrently with those hours of the developed private property on which the MFT is located. Alternatively, the MFT may propose altemative hours of operation in which the vendor and the developed private property owner or legal representative have agreed upon, not to exceed the general hours ofoperaiion of6:Ob a.m. to l0:00 p.m.
(J) Unsanitary Conditions. Conditions or circumstances that might contaminate food with dirt or filth or lead to injury or health problems.

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Chapter 11-16 Mobile Food Vending
I l-16-040 Applicability and Location
(A) Application for any Mobile Food Vending Permit shall be filed with the Planning Department on a form prescribed by the City Engineer and shall contain all fees, information, licenses, and documentation (collectively, "Documentation") deemed necessary by the Planning Director or designee to review and take action on the application. Documentation includes, but is not limited to, a Mobile Food Vending Permit Application. A Mobile Food Truck Vendor may apply for only ONE of the allowed permits as described in r l-16-050(B).
(B) A list of approved locations is listed below:
(l) The Alameda, along the front of the Soccer Field.
(2) Muckelemi, across the Valero Gas Station.

I l-16-050 Requirements, Licenses, and Process.
(A) Process:
( I ) Upon receipt of a completed Mobile Food Vending Permit application, and all related documents and fees deemed necessary by the Planning Director or designee. (2) City Engineer will review the application submittal to determine completeness. (a) If application submittal is deemed complete in staff s discretion, it will be reviewed for approval or denial.
i. The review period shall not be more than 7 (seven) days. A written determination will be provided on the Permit application form.
(b) If application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. If applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.
(c) If an application is approved, the applicant will be notified and will be provided with a copy of the approved application as well as the Permit.
(d) If an application is denied the applicant shall have the right to appeal the decision to the Planning Commission by submitting a written request and paying the corresponding fee. The appeal process shall be in accordance with Section I I - I 5 Appeals of the Municipal Code. (B) Right-of-way Operation Requirements by application type:

The application fype required of each Mobile Food Vendor will be in the sole discretion of the Planning Director or designee.
( I ) Soccer Field & Valero Gas Station Long-Term Operations: The applicant shall supply a Site plan, fees, Documentation and other information that the Planning Director or designee may reasonably require based upon the location, intensity, and level of services required for each proposed Mobile Food Truck.

The applicant must show or provide, at a minimum, the following information:
(a) Completed Mobile Food Vending permit Application, and; (b) Completed Encroachment permit Application, and
(c) Fire Department permit, and
(d) Authorization for use of Restroom Facilities Form, and;

Page 3 of 6 ends

2024
Chapter 1l-16 Mobile Food Vending
(e) Compliance with State and local laws, by submitting the following:
(i) Copy of Califomia Sales Tax Permit, and;
(f) Business License ftom the City, and;
(g) Health Permit issued by the San Benito County Environmental Health Services Department, and; (h) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck, and;
(i) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the Mobile Food Truck begins commercial operations to ensure that all conditions are met, including cleanup.
0) Copy of current Califomia DMV registration for proposed Mobile Food Truck. (2) Soccer Field & Valero Gas Station Operations: The applicant shall supply a Site Plan, fees, Documentation and other information that the Planning Director or designee may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information:
(a) Completed Mobile Food Vending Permit Application with Site Plan, and; (b) Completed Encroachment Permit Application, and
(c) Fire Department permit, and
(d) Authorization for use of Restroom Facilities Form, and; (e) Notarized Parking Authorization Form, and;
(f) Compliance with State and local laws, by submitting the following:
(i) Copy of California Sales Tax Permit, and;
(g) Business License from the City, and;
(h) Health Permit issued by the San Benito County Environmental Health Services Department. (i) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck, and;
0) Bonding, and lnsurance naming the City as an additional named insured. The City may require a bond to be posted before the Mobile Food Truck begins commercial operations to ensure that all conditions are met, including cleanup.
(k) Copy of current California DMV registration for proposed Mobile Food Truck.

I l-16-060 Operational Standards.
(A) An owner or operator of a Mobile Food Truck:
(1) Shall only sell the food andior beverages approved by the San Benito County Environmental Health Department.
(2) Shall only sell between the hours of 6:00 a.m. to 10:00 p.m. Except as otherwise provided in this section, it shall be unlawful for any person to operate any Mobile Food Truck in any such manner at any other time and except in compliance with all other applicable provisions of this article. (3) Shall only display one (l) A-frame sign per food truck. The A-frame sign shall be located in close proximity to the mobile food truck and shall be located a minimum of five (5) feet from a driveway apron, outside of the required travel area for ADA purposes on sidewalks and shall not be located within the City's right-of-way or within any City owned landscaped area. No other signs including banners, pennants, or flags are permitted.
(4) Shall provide trash receptacles, on the site at which it is permitted to operate, large enough to contain all trash generated by the operation of such mobile Food Truck. Recycling bins and food iompost bins for use by their patrons must available at all times during hours of operation. (5) Shall use recyclable materials and biodegradable cutlery and straws only. All operators are prohibited from using polystyrene food service ware, consistent with Title 5 - Public Health, Safety und W"lfu...

Page 4 of 5 ends

7024
Chapter 11-16 Mobile Food Vending
(6) Shall properly dispose of grease and liquid waste. No grease and/or liquid waste shall be disposed of in tree wells, storm drains, sanitary sewer systems, public streets, or any other unapproved location.

Shall comply with all applicable parking and traffic regulations.

Shall not leave the approved location vacant for an extended period. Failure to not occupy an approved location within a thirty day period without notification shall result in the revocation of the approved location and Mobile Food Vending Permit.
(7)
(8)
(B) No owner or operator of a Mobile Food Truck may park or operate any Mobile Food Truck:

To the extent the provisions of this article conflict with other provisions of the San Juan Bautista Municipal Code, the provisions ofthis article shall supersede such other conflicting provisions and shall control. ll-16-070 Exceptions.

I l-16-090 Permit Suspension or Revocation.
(A) If the City Engineer or designee, determines that there has been a violation of the Permit or the Mobile Food Truck regulations in this article he or she may provide the Permit holder with a notice of intent to revoke Permit.

Page 5 of 6 ends

2024
( I ) Over a street curb, sidewalk, or parkway. Any food truck operating in the public right-of-way shall do so only on a paved roadway and adjacent to a concrete or asphalt sidewalk or path. (2) May not place any signs, chairs, stools, tables or other fixtures or furniture on any portion of the street, sidewalk, or public right-of-way.
(3) May stop, park or operate any Mobile Food Truck in any manner which may prevent the routine street sweeping of roadways by city maintenance crews at any location. (4) Upon any street or sidewalk within the city in any manner that impedes the flow of vehicular or pedestrian traffic in any manner or that impedes the flow or use of any public right-of-way, nor shall it impede any ADA path of travel.
(5) That is defective, unsafe, or in an unsanitary condition or which is otherwise parked or operated in violation of any provision of the California Vehicle Code or any other applicable law, regulation or standard.
(6) Without written permission of the private property ownerwhen on private property. (7) And leave the Food Truck overnight on any public street, park or public property. (8) And leave unattended said Mobile Food Truck in any right-of-way for longer than thirty minutes. (9) On diesel- or gas-powered generator exceeding seventy decibels, measured at a distance of five feet from the unit.

Chapter 1l-16 Mobile Food Vending
(B) The notice of intent to revoke shall describe the violation, require the Permit holderto immediately correct the violation or cause the violation to be corrected, and shall be provided to the Permit holder by personal service, mail, or posting, to the license holder's place of business or mailed to the last known address. (C) lf the Permit holder fails to immediately (within 24 hours) correct the violation or cause the violation to be corrected, the City Engineer or designee may revoke the Permit. The Mobile Food Truck Vendor shall have the right to appeal the City Engineer or designee's decision in accordance with Chapter ll-17 Permit Application Submittal.

I l-16-100 Permit Expiration.

Each Mobile Food Vending Permit shall expire one year from the date of issuance, except if the Permit is suspended or revoked under this article.

I l-16-1 10 Permit Renewal.
(A) A Mobile Food Vending Permit may be renewed under the process for issuance of new Mobile Food Vending Permits then in effect at the time the approval has expired, after one year of issuance. (B) Renewal of a Mobile Food Vending Permit when the Permit was suspended or revoked due to violations or other noncompliance actions will require the applicant to submit a Compliance Plan to the City Engineer or designee. The Compliance Plan shall detail why the original permit was suspended or revoked and outline the specific measures taken to comply with the requirements listed in Section ll-16-060 Operational Standards. The Compliance Plan will be reviewed by the City Engineer or designee and a written determination shall be given within thirty (30) days of a complete application submittal.

Page 5 of 6 ends

2024
City of San Juan Bautista
Mobile Food Truck Vending Application
31 1 Second Street, San Juan Bautista, CA. 95045Telephone (831) 623-4661 NOTE: To guarantee a timely review process, thrs application and all required materials must be submitted a minimum of Thirty (30) days prior to commencement of operations within the City.

For Department Use Only
Date Received:

No:

A Mobile Food Vending Permit or Permit. Means a permit which allows a business to sell, serve, or give away food and/or drinks to the public from a Mobile Food Truck(s). This permit further allows a mobile food vendor to operate within City limits on the specific location(s) approved by the City Engineer. The terms Mobile Food Vending Permit or Permit refers to both types of such permits offered by the City: longterm operations and developed property operations. Applicants may apply for one or both permit types.

1. Long-term Operations 2. Developed Private Propefi
Allowed Areas:
1) Street along Soccer Field
2) Street along Valero Gas Station
Hourc of Operation: Mobile food trucks shall only operate Mondays and Tuesday on one of both of the allowed areas subject to the hours listed below:
. Long-term Operations allows a mobile food truck to operate at a specific location for one ('1) hour or longer, for a maximum of four (4) hours.
. Developed Private Property allows a mobile food truck's hours of operation to run concurrently with those hours of the developed private property on which the MFT is located. Alternatively, the MFT may propose alternative hours of operation in which the vendor and the developed private property owner or legal representative have agreed upon, not to exceed the general hours of operation of 6:00 a.m. to 10:00 p.m.

To obtain a permit an applicant shall supply the following information:
tr Completed Mobile Food Vending Permit Application (attached), and tr lmages of the Mobile Food Truck (front, rear, sides), and tr Copy of California Sales Tax Permit, and
tr Business License from the City, and
D Hollister Fire Prevention Bureau Approval, and
n SJB Encroachment Permit, and
tr Environmental Health Permit issued by the San Benito County Health and Human Services Department.

Permit review process: Upon receipt of a completed Mobile Food Truck Vending application, and all related documents and fees, the Planning Department staff will review the application suOmittal to determine completeness . lf application submittal is deemed complete it will be reviewed for approval or denial. ' lf application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. lf applicant fails to submit the required information witnin SO Oays, tne application will be withdrawn without prejudice.

Approval Period An approved Mobile Food Truc k Vend ing Permit shal expire I of ISSU ance in accord ance with Section 1 1 1 6- 1 00 of the San J uan Bautista M u n Code. one vea from the date
Long-Term and Developed Private Property Operations
Mobile Food rruck vending permit August 2024 city of san Juan Bautista Page I of 3 City of San Juan Bautista
Mobile Food Truck Vending Application
31 1 Second Street, San Juan Bautista, CA. 95045Telephone (831) 623-4661 Department Phone Number
State of California Sales Tax Permit Phone: 831.443.3003 Business License Phone: 831.623.4661
San Benito County - Environmenta! Health
Department
Phone: 831.636.4035
Hollister Fire Prevention Bureau Phone: 831.636.4325

RESOURCES
Please or in blue or black ink.

Name
Mailing Address
City State ztP
This is the person, or entity that is responsible for ensuring compliance with Section 10.50.060 and the person to receive notice of Email
revocation AS icable.

App' as
Name
Mailing Address
City State ZIP
nding Business Name License
#
Food Vending
Vehicle Description
Check One:l Truck Trailer Van Measurements: Length wdth Height that I have read this application and state that the above information is correct.

I understand that the Permit Holder is responsible for knowing and complying with the governing policies and regulations applicable to the proposed permit. I hereby affirm under penalty of perjury that mobile food truck vending operatio-ns will conform to all regulations of San Juan Bautista Municipal Code Chapter 1 1-.16-050.

VIN Health De Permit #
I certify
The City is not liable for any damages or loss resuIting from the actual or alleged fa ure to inform the appl icant of any applicable laws or reg ulations. City approval of permit application, including all related planS and docu ments is not a srant of approval to violate any applicable policy or regulation nor does it constitute waiver by the City to pursue any remedy which may be available to enforce and correct violations of the applicable policies and lations. authorize of regu representatives the city to enter the above-identified property for inspection purposes have the and staff and bodies the ht to make of documents submitted for Applicant Signature Date
Permit Holder S nature Date

APPLICANT INFORMATION

PERMIT HOLDER INFORMATION

VENDI NG BUSI NESS INFORMATION
SlGNATURES/DECLARATION
Mobile Food rruck vending permit August 2024 city of san Juan Bautista Page 2 of 3 Phone
Email Phone
\ L*5tsk \t**,
,869
City of San Juan Bautista
Mobile Food Truck Vending Application
311 Second Street, San Juan Bautista, CA. 95045Telephone (831) 623-4661 l/we, agree that my vendor permit will adhere to all Operational Standards listed below and any and all rules and regulations stipulated in Chapter 11-16.050 - Mobile Food Vending of the City of San Juan Bautista's Municipal Code. (A) An owner or operator of a Mobile Food Truck:
(1) Shall only sell the food and/or beverages approved by the San Benito County Environmental Health Department.
(2) Shall only sell between the hours of 6:00 a.m. to 10:00 p.m. Except as otherwise provided in this section, it shall be unlawful for any person to operate any Mobile Food Truck in any such manner at any other time and except in compliance with all other applicable provisions of this article. (3) Shall only display one (1) A-frame sign per food truck. The A-frame sign shall be located a minimum of five (5) feet from a driveway apron. (4) Shall provide trash receptacles, on the site at which it is permitted to operate, large enough to contain all trash generated by the operation of such mobile Food Truck. Recycling bins and food compost bins for use by their patrons must be available at all times during hours of operation. (5) Shall use recyclable materials and biodegradable cutlery and straws only. All operators are prohibited from using polystyrene food service ware, consistent with Title 5 - Public Health, Safety and Welfare. (6) Shall properly dispose of grease and liquid waste. No grease and/or liquid waste shall be disposed of in tree wells, storm drains, sanitary sewer systems, public streets, or any other unapproved location. (7) Shallcomply with all applicable parking and traffic regulations. (8) Shall not leave the approved location vacant for an extended period. Failure to not occupy an approved location within a thirty day period without notification shall result in the revocation of the approved location and Mobile food truck vending Permit.
(B) No owner or operator of a Mobile Food Truck may park or operate any Mobile Food Truck:
(1) Over a street curb, sidewalk, or parkway. Any food truck operating in the public right-of-way shall do so only on a paved roadway and adjacent to a concrete or asphalt sidewalk or path. (2) May not place any signs, chairs, stools, tables or other fixtures or furniture on any portion of the street, sidewalk, or public right-of-way. (3) May stop, park or operate any Mobile Food Truck in any manner which may prevent the routine street sweeping of roadways by city maintenance crews at any location. (4) Upon any street or sidewalk within the city in any manner that impedes the flow of vehicular or pedestrian traffic in any manner or that impedes the flow or use of any public right-of-way, nor shall it impede any ADA path of travel. (5) That is defective, unsafe, or in an unsanitary condition or which is otherwise parked or operated in violation of any provision of the California Vehicle Code or any other applicable law, regulation or standard.
(6)
(7)
(8)
(e)
l/we further declare under penalty of perjury that the information contained in this Permit is true and correct to the best of my/our knowledge.
without written permission of the private property owner when on private property.

And leave the Food rruck overnight on any public street, park or public property.- And leave unattended said Mobile Food Truck in any right-of-way for longer than thirty minutes.

On diesel- or gas-powered generator exceeding seventy decibeli, measured at a distance of five feet from the unit.

Permit Holder Signature: Date:

Permit Holder Name:

Mobile Food Truck vending permit August 2024 city of san Juan Bautista Page 3 of 3

OPERATIONAL STANDARDS
Mobile Food Truck Vending Permit August 2024 City of San Juan Bautista Page 1 of 3 City of San Juan Bautista
Mobile Food Truck Vending Application

311 Second Street, San Juan Bautista, CA. 95045Telephone (831) 623-4661 NOTE: To guarantee a timely review process, this application and all required materials must be submitted a minimum of Thirty (30) days prior to commencement of operations within the City.

For Department Use Only
Date Received:

Application No:

Long-Term and Developed Private Property Operations
A Mobile Food Vending Permit or Permit. Means a permit which allows a business to sell, serve, or give away food and/or drinks to the public from a Mobile Food Truck(s). This permit further allows a mobile food vendor to operate within City limits on the specific location(s) approved by the City Engineer. The terms Mobile Food Vending Permit or Permit refers to both types of such permits offered by the City: long-term operations and developed property operations. Applicants may apply for one or both permit types.

1. Long-term Operations

2. Developed Private Property
Allowed Areas:
1) Street along Soccer Field
2) Street along Valero Gas Station
Hours of Operation: Mobile food trucks shall only operate Mondays and Tuesday on one of both of the allowed areas subject to the hours listed below:
• Long-term Operations allows a mobile food truck to operate at a specific location for one (1) hour or longer, for a maximum of four (4) hours.
• Developed Private Property allows a mobile food truck’s hours of operation to run concurrently with those hours of the developed private property on which the MFT is located. Alternatively, the MFT may propose alternative hours of operation in which the vendor and the developed private property owner or legal representative have agreed upon, not to exceed the general hours of operation of 6:00 a.m. to 10:00 p.m.

To obtain a permit an applicant shall supply the following information:
☐ Completed Mobile Food Vending Permit Application (attached), and ☐ Images of the Mobile Food Truck (front, rear, sides), and ☐ Copy of California Sales Tax Permit, and
☐ Business License from the City, and
☐ Hollister Fire Prevention Bureau Approval, and
☐ SJB Encroachment Permit, and
☐ Environmental Health Permit issued by the San Benito County Health and Human Services Department.

Permit review process: Upon receipt of a completed Mobile Food Truck Vending application, and all related documents and fees, the Planning Department staff will review the application submittal to determine completeness. • If application submittal is deemed complete it will be reviewed for approval or denial. • If application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. If applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.

Approval Period: An approved Mobile Food Truck Vending Permit shall expire one year from the date of issuance in accordance with Section 11-20-100 of the San Juan Bautista Municipal Code.

Mobile Food Truck Vending Permit August 2024 City of San Juan Bautista Page 2 of 3 City of San Juan Bautista
Mobile Food Truck Vending Application

311 Second Street, San Juan Bautista, CA. 95045Telephone (831) 623-4661

RESOURCES
Department Phone Number
State of California Sales Tax Permit Phone: 831.443.3003 Business License Phone: 831.623.4661
San Benito County – Environmental Health
Department
Phone: 831.636.4035
Hollister Fire Prevention Bureau Phone: 831.636.4325
Please type or print legibly in blue or black ink.

APPLICANT INFORMATION
Name
Mailing Address
City State ZIP
Email Phone

PERMIT HOLDER INFORMATION
This is the person, or entity that is responsible for ensuring compliance with Section 10.50.060 and the person to receive notice of revocation hearings, as applicable.

Applicant (Same as Above) Authorized Agent (If different than Applicant) Name
Mailing Address
City State ZIP
Email Phone

VENDING BUSINESS INFORMATION
Vending Business Name Business License
#
Food Vending
Vehicle Description
Check One: Truck Trailer Van Measurements: Length Width Height VIN Health Department Permit #

SIGNATURES/DECLARATION
I certify that I have read this application and state that the above information is correct.

I understand that the Permit Holder is responsible for knowing and complying with the governing policies and regulations applicable to the proposed permit. I hereby affirm under penalty of perjury that mobile food truck vending operations will conform to all regulations of San Juan Bautista Municipal Code Chapter 11-20-050.

The City is not liable for any damages or loss resulting from the actual or alleged failure to inform the applicant of any applicable laws or regulations. City approval of a permit application, including all related plans and documents, is not a grant of approval to violate any applicable policy or regulation, nor does it constitute a waiver by the City to pursue any remedy, which may be available to enforce and correct violations of the applicable policies and regulations. I authorize representatives of the city to enter the above-identified property for inspection purposes. I have the authority and grant City staff and advisory bodies the right to make copies of any documents submitted for processing.

Applicant Signature Date
Permit Holder Signature Date
Mobile Food Truck Vending Permit August 2024 City of San Juan Bautista Page 3 of 3 City of San Juan Bautista
Mobile Food Truck Vending Application

311 Second Street, San Juan Bautista, CA. 95045Telephone (831) 623-4661

OPERATIONAL STANDARDS
I/we, , agree that my vendor permit will adhere to all Operational Standards listed below and any and all rules and regulations stipulated in Chapter 11-20.050 – Mobile Food Vending of the City of San Juan Bautista’s Municipal Code. (A) An owner or operator of a Mobile Food Truck:
(1) Shall only sell the food and/or beverages approved by the San Benito County Environmental Health Department.
(2) Shall only sell between the hours of 6:00 a.m. to 10:00 p.m. Except as otherwise provided in this section, it shall be unlawful for any person to operate any Mobile Food Truck in any such manner at any other time and except in compliance with all other applicable provisions of this article. (3) Shall only display one (1) A-frame sign per food truck. The A-frame sign shall be located a minimum of five (5) feet from a driveway apron.
(4) Shall provide trash receptacles, on the site at which it is permitted to operate, large enough to contain all trash generated by the operation of such mobile Food Truck. Recycling bins and food compost bins for use by their patrons must be available at all times during hours of operation. (5) Shall use recyclable materials and biodegradable cutlery and straws only. All operators are prohibited from using polystyrene food service ware, consistent with Title 5 – Public Health, Safety and Welfare. (6) Shall properly dispose of grease and liquid waste. No grease and/or liquid waste shall be disposed of in tree wells, storm drains, sanitary sewer systems, public streets, or any other unapproved location. (7) Shall comply with all applicable parking and traffic regulations. (8) Shall not leave the approved location vacant for an extended period. Failure to not occupy an approved location within a thirty day period without notification shall result in the revocation of the approved location and Mobile food truck vending Permit.
(B) No owner or operator of a Mobile Food Truck may park or operate any Mobile Food Truck:
(1) Over a street curb, sidewalk, or parkway. Any food truck operating in the public right-of-way shall do so only on a paved roadway and adjacent to a concrete or asphalt sidewalk or path. (2) May not place any signs, chairs, stools, tables or other fixtures or furniture on any portion of the street, sidewalk, or public right-of-way.
(3) May stop, park or operate any Mobile Food Truck in any manner which may prevent the routine street sweeping of roadways by city maintenance crews at any location. (4) Upon any street or sidewalk within the city in any manner that impedes the flow of vehicular or pedestrian traffic in any manner or that impedes the flow or use of any public right-of-way, nor shall it impede any ADA path of travel.
(5) That is defective, unsafe, or in an unsanitary condition or which is otherwise parked or operated in violation of any provision of the California Vehicle Code or any other applicable law, regulation or standard.
(6) Without written permission of the private property owner when on private property. (7) And leave the Food Truck overnight on any public street, park or public property. (8) And leave unattended said Mobile Food Truck in any right-of-way for longer than thirty minutes. (9) On diesel- or gas-powered generator exceeding seventy decibels, measured at a distance of five feet from the unit.

I/we further declare under penalty of perjury that the information contained in this Permit is true and correct to the best of my/our knowledge.

Permit Holder Signature: Date:

Permit Holder Name:

Item: 6.C
City Council Meeting
Date: November 19, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 19, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: FIRST READING OF THE VACANCY REGISTRATION FEE

ORDINANCE
RECOMMENDED MOTION:

Conduct a public hearing and receive public testimony and conduct the First Reading to establish a Vacancy Registration Fee as described in the attached draft Ordinance.

RECOMMENDATION:

As directed by the City Council, staff is presenting for a First Reading a Vacancy Registration Fee Ordinance establishing a City policy to incentivize property owners to care for their vacant properties that have been determined to be a cause of blight in the City.

EXECUTIVE SUMMARY:

On October 18, 2022, and again on April 16, 2024, as the City worked on its Strategic Plan for 2024/25, the Council received a report from the City Manager summarizing options to establish a vacancy fee or tax, to assess on private property owners that allow their vacant properties to become and remain a blight on the City. The matter of establishing this policy was determined to be #1 priority this Fiscal Year when the City Council adopted its Strategic Plan in May. A draft Ordinance was presented to the Council for discussion September 10, 2024. This same Ordinance is provided as the first attachment to this report for First Reading.

The second attachment are the staff reports from October 18, 2022, and April 16, 2024 that summarize the various types of options available to the Council.

DISCUSSION:

During its deliberation this spring, the City Council decided to steer away from a Vacancy “Tax” favoring the West Hollywood version of a Vacancy “Registration Fee.” The Ordiannce enables the fee to be established by Resolution, and adjusted annually as needed.

Page | 2
Instead of having different property conditions defined in the Ordinance like West Hollywood (“Stable, At-Risk, Problematic and Failed Properties”), the Council decided to settle on the term “Blight.” “Blight” shall mean
“A condition of decay or 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 the surrounding properties, undermining the economic vitality of a neighborhood or creating health and safety dangers.” The West Hollywood Registration Fee schedule starts at $740, and escalates to $26,640 depending on the severity of the property condition. A proposed fee schedule can be brought to the Council at the same time the second reading occurs. It may include an annual registration fee of between $700 and $1,000 (as to be determined by the City Council). Perhaps $700 for the first six-months, $1,000 for the second six-months with continued $300 escalations not to exceed $20,000.

Inspection fees to determine if the property meets the definition of “blighted” are proposed to be in-line with West Hollywood, starting at $1,000 for the first, $2,000 for the second inspection, and $5,000 for the third like the West Hollywood program does. These fees are recommended to be expensive as to attract the immediate attention from a property owner and act as an incentive to resolve blighted condition caused by the vacancy as soon as possible.

FISCAL IMPACT:

Revenues generated by this program would be re-invested in the neighborhood from which they came.

ATTACHMENTS:

Vacancy Fee Ordinance
Staff Reports from October 18, 2022 and April 16, 2024
Page | 1
ORDINANCE NO. 2024-XX

AN ORDINANCE OF THE CITY OF SAN JUAN BAUTISTA ESTABLISHING A

VACANCY REGISTRATION FEE
WHEREAS, 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;
WHEREAS, 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;
WHEREAS, vacant properties are often used as dumping grounds for junk and debris and are often overgrown with weeds and grass;
WHEREAS, 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.

WHEREAS, because of the potential economic and public health, safety and welfare problems caused by vacant buildings, the City needs to monitor the status of vacant buildings so 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, planning and building departments;
WHEREAS, 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.

WHEREAS, on October 24, 2024, a Notice of Public Meeting for this matter was posted in three locations in the city designated by the City Council for posting of notices within the City, and published in the newspaper of general circulation; and WHEREAS, on November 19, 2024, the City Council held a duly noticed public hearing on the addition of a new chapter to the San Juan Bautista Municipal Code which imposes a vacancy fee on private property owners who allow their vacant properties to become and remain a blight on the City, at which hearing the City Council reviewed and considered the agenda report, written correspondence from the public, heard and considered testimony from the public and considered other information in the record.

Page | 2

THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA DOES HEREBY ORDAIN AS FOLLOWS:

A new chapter of the San Juan Bautista Municipal is established as follows:

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, other kinds of wood 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 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 City’s 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

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 Page | 3
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 with the owner's daytime telephone number to the City’s building official within thirty days after the billing is mailed to the owner. The City’s building official shall review the written statement and may contact the owner to discuss the application for waiver. The City’s 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 the City Planning Commission. _____.

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 the City resuming the owner’s 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.

This Ordinance was introduced on November 19, 2024, and passed and adopted on ______________.

PASSED AND ADOPTED by the San Juan Bautista City Council on the 19th day of December 2024, by the following vote:

AYES:

Page | 4
NOES:

ABSENT:

ABSTAIN:

APPROVED:

Scott Freels, Mayor
ATTEST:

Elizabeth Soto, City Clerk
APPROVED AS TO FORM:

Jon R. Giffen, City Attorney
Item #6E
City Council Meeting
October 18, 2022
1 CITY OF SAN JUAN BAUTISTA

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

Receive report and provide direction to staff.

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

BACKGROUND INFORMATION:

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

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

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

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

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

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

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

DISCUSSION:

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

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

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

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

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

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

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

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

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

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

Deferments.

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

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

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

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

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

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

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

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

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

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

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

Item: ___
City Council Meeting
April 16, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: APRIL 16, 2024
DEPARTMENT: CITY MANAGER
BY: DON REYNOLDS
TITLE: CONSIDER A “VACANT PROPERTY REGISTRATION”
PROGRAM VS A “VACANCY TAX”
RECOMMENDATION:

Discuss the attached example of a Vacancy Registration Program, consider its merits relative to the proposed “vacancy tax,” and direct staff to return to the Council with a draft policy.

BACKGROUND:

Since 2022, the City has been considering establishing a vacancy tax as an incentive for property owners to maintain and lease their vacant buildings. At its February 20, 2024 City Council meeting, the City Council considered a variety of downtown policies intended to uplift the properties and improve the appeal of historic Third Street. Three suggestions stood out; parking policy, façade improvement program, and vacancy tax. Attached is the same staff report on Vacancy Tax programs provided at the February 20, 2024 Council meeting.

The Vacancy Tax concept is that when a building is vacant for extended periods, it has a blightfull impact on the downtown. The owner will be taxed per day, week or month for each additional unit of time that it remains vacant. This tax is used as an incentive to encourage the leasing the vacant building as quickly as possible. It is the “stick” needed to encourage proactive efforts for building owners to reduce the blight of vacant buildings downtown. Staff was directed to prepare a “vacancy tax” measure for the voters on the November ballot.

Since then, working with CityGate Associates Inc.’s Stacey Bristow, it has been suggested that a new consideration include small dedicated fees to help improve maintenance and care for the downtown. And rather than a Vacancy Tax, consider instead a “Vacancy Registration” program.

DISCUSSION
Staff considered three different vacancy registration policies. Attached is the one from West Hollywood. It involves the compliance officer working with the property owner to register the property, classify it, and inspect it. There are four different Vacant Property Classifications; Stable, At-risk, Problematic, and Failed property.

Page | 2
The annual registration fees are based on the Property Classification and range as follows:
no-cost for Stable properties that have never been in another classification; $740 for Stable properties that have been classified before, $4,440 for At Risk Properties,
$8,880 for Problematic Properties, and
$26,640 for Failed Properties.

Inspections increase in frequency in relation to the severity of the classification, ranging from Quarterly to weekly for the worst conditions. Administrative code enforcement for properties that are not in compliance following a Notice of Violation, start at $1,000 for the first violation,
$2,000 for the second, and
$5,000 for the third violation.

Some programs also require a property management company to be assigned for buildings with absent owners. Inspections and compliance requirements may and would likely include other elements of health and safety measures and/or improvements as mentioned in the attached or as determined by the City Council and staff. These measures might include cameras, protective yet attractive coverings for windows or doors, and so forth.

These fees would be added to the City’s fee and bail schedule that includes fines for the failure to comply, requests for administrative hearings, inspections, and impact fees related to the building official, police, fire, or mutual aid response. These fees and costs are yet to be determined, and a complete review of the fee and bail schedule are included in the current CIP.

This approach is also in support of the recently adopted 2023 Strategic Plans Goals and Objectives, current General Plan, and is in alignment with City Councils mission and vision for San Juan Bautista. While this type of program as been successful in many other jurisdictions throughout Californian and nationally, finding the best approach, roll out, communication strategy and ongoing upkeep of such a program would be tailored to what makes the best sense and fit for the San Juan Bautista community.

A policy like this can be effective, because the fees and penalties are high enough to be an incentive for compliance. It does not require a ballot process to become law, and can be easily amended by Item: ___
City Council Meeting
April 16, 2024
Page | 3
Resolution. Staff briefly reviewed these options with a property owner downtown, and in the brief discussion, it was understood that this would best serve all those that invest in the City. That particular property owner stated their properties received interest in vacancies, without having to advertise.

Some cities also create hospitality fees for various beautification and maintenance efforts. The food-and-beverage receipt will include small fee for art in the downtown, maintenance of plants and sidewalk furniture, promotional costs and other dedicated purposes. They amount to less than $5 on the food bill. These fees then help off-set the cost of promoting and maintaining the downtown district. Perhaps they only apply to tourists. This initiative will require more careful consideration before being implemented.

The revenue generated by these programs can be used to pay for new beautification programs that may include help painting and improving facades.

FISCAL IMPACT:

No action is being sought, thus there is no fiscal impact to the City of San Juan Bautista.

If the special fees are enacted, the City’s General Fund could be relieved from its annual contribution of $20,000 to promote the downtown. No special district would be necessary.

ATTACHMENTS:
2022 Vacancy Tax Staff Report (presented again February 20, 2024) West Hollywood Vacancy Registration Program
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Three Month Period Ended September 30, 2024
Item #5E
City Council Meeting
November 19, 2024
REVENUES FY24 FY25 Annual YTD
Fund Actuals Actuals Budget Difference 25% Notes
General Fund 549,257 582,049 2,530,525 (1,593,243) 23%
Special Revenue Funds:

Capital Projects Fund 133,374 33,286 4,914,742 (2,703,471) 1% Community Development 11,416 15,779 124,150 (393,098) 13% COPS 25,000 49,512 100,000 (75,000) 50%
Parking & Restroom Fd 11,731 9,834 28,000 (16,269) 35%
Gas Tax Fund 24,201 31,822 108,000 (76,799) 29%
Valle Vista LLD 5,970 11,139 44,554 (17,919) 25%
Rancho Vista CFD 18,031 16,878 67,512 (49,481) 25%
Copperleaf CFD 4,405 4,161 16,645 (12,240) 25%
Internal Service Funds:

Blg Rehab. & Replace 9,500 9,500 38,000 (28,500) 25%
Vehicle Replacement 15,000 15,000 60,000 (45,000) 25%
Enterprise Funds:

Water
Operations 440,915 523,547 1,718,000 (904,085) 30%
Sewer
Operations 446,050 548,159 1,960,000 (943,950) 28%
TOTAL Funds 1,694,850 1,850,666 11,710,128 (6,859,055) 16% City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the Three Month Period Ended September 30, 2024
Item #5E
City Council Meeting
November 19, 2024
EXPENDITURES FY24 FY25 Annual YTD
Fund Actuals Actuals Budget Variance 25% Note
General Fund 419,815 525,958 2,394,878 (1,868,920) 22%
Special Revenue Funds:

Capital Projects Fund 133,374 33,286 4,914,742 (4,881,456) 1% A Community Development 184,469 174,240 662,242 (488,002) 26% COPS 25,000 25,000 100,000 (75,000) 25%
Gas Tax Fund 2,766 4,835 21,000 (16,165) 23%
Valle Vista LLD 4,334 16,421 44,554 (28,133) 37%
Rancho Vista CFD 9,884 12,131 42,718 (30,587) 28%
Copperleaf CFD 4,169 7,244 16,645 (9,401) 44%
Development Impact Fee Funds
Public/Civic Facility 675 675 2,700 (2,025) 25%
Library 1,110 1,110 4,440 (3,330) 25%
Storm Drain 858 858 3,432 (2,574) 25%
Park In-Lieu 75 75 300 (225) 25%
Public Safety 213 213 852 (639) 25%
Traffic 108 108 432 (324) 25%
Enterprise Funds:

Water:

Operations 177,976 181,748 862,288 680,540 21%
Capital 36,723 22,389 15,793,187 15,770,798 0% A
Sewer
Operations 187,429 340,117 1,051,569 711,452 32% B
Capital 537,357 1,184,057 17,112,103 15,928,046 7% A
TOTAL Funds 1,726,335 2,530,465 43,028,082 25,684,055 6% 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.

B ~ Interest costs are higher than budgeted due to the line of credit for finaning the sewer project.

City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 9/1/2024 Through 9/30/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
9/12/2024 217900 4Leaf, Inc. 22,036.94
9/12/2024 217901 ACWA Health Benefits Authority 12,468.95 9/12/2024 217902 All Clear Water Services 4,100.00
9/12/2024 217903 AVAYA 250.66
9/12/2024 217904 Bertha Soto / Liz Soto 700.00
9/12/2024 217905 Brigantino Irrigation, Inc. 259.27
9/12/2024 217906 California Consulting, Inc. 4,000.00
9/12/2024 217907 California Preservation Foundation 500.00 9/12/2024 217908 Canon Financial Services, Inc 609.72
9/12/2024 217909 Charter Communications 581.87
9/12/2024 217910 CMAP 1,004.71
9/12/2024 217911 Code Publishing Company 517.00
9/12/2024 217912 Consumer Reports 35.00
9/12/2024 217913 Cypress Water Services 19,725.00
9/12/2024 217914 Duffy's Industrial Services 140.00
9/12/2024 217915 EMC Planning Group Inc. 2,133.00
9/12/2024 217916 Filomeno Garza. 150.00
9/12/2024 217917 Hollister Auto Parts, Inc. 647.96
9/12/2024 217918 ICMA Membership Renewals 952.64
9/12/2024 217919 Ideliza Avila 500.00
9/12/2024 217920 Inaka Japanese Restaurant, LLC 800.00
9/12/2024 217921 Kennedy, Archer & Giffen 17,688.90
9/12/2024 217922 Maida Garcia 700.00
9/12/2024 217923 Margaret Clovis 900.00
9/12/2024 217924 Mayra Quinonez 700.00
9/12/2024 217925 Mc Kinnon Lumber Co., Inc. 198.45
9/12/2024 217926 Midwest Tape 75.87
9/12/2024 217927 MNS Engineers, Inc. 84,165.79
9/12/2024 217928 Monterey Bay Analytical Services 4,611.00 9/12/2024 217929 MuniBilling 473.47
9/12/2024 217930 P G & E 17,938.37
9/12/2024 217931 Petty Cash 0.00
9/12/2024 217932 Quadient Leasing USA, Inc. 473.47
9/12/2024 217933 Rojas Communications Group 2,500.00
9/12/2024 217934 Rx-Tek 382.56
9/12/2024 217935 Sentry Alarm System 477.00
9/12/2024 217936 Smith & Enright Landscaping 7,500.00
9/12/2024 217937 Sound Design A/V Contractors 405.00
9/12/2024 217938 Specialty Hose Xpress 406.37
9/12/2024 217939 Stantec Consulting Services Inc. 63,991.66 9/12/2024 217940 T-Mobile 362.26
9/12/2024 217941 Toro Petroleum Corp. 344.97
9/12/2024 217942 Hollister True Value 214.93
9/12/2024 217943 Wallace Group 7,083.68
City of San Juan Batista
Check/Voucher Register - Check Register Current Month
From 9/1/2024 Through 9/30/2024
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
9/12/2024 217944 Wendy L. Cumming, CPA 6,228.75
9/12/2024 217945 Yoseline Barragan 700.00
9/12/2024 217946 Computershare Corporate Trust 496,789.77 9/12/2024 217947 First Foundation Bank 103,624.64
9/12/2024 217948 Kennedy, Archer & Giffen 6,245.50
9/24/2024 217949 4Leaf, Inc. 288.70
9/24/2024 217950 AFLAC 1,079.45
9/24/2024 217951 at&t 124.53
9/24/2024 217953 CALNET 392.60
9/24/2024 217954 Clark Pest Control 119.00
9/24/2024 217955 Data Ticket Inc. 400.00
9/24/2024 217956 David J. Powers & Associates, Inc. 263.75 9/24/2024 217957 EMC Planning Group Inc. 11,392.21
9/24/2024 217958 Flock Group Inc 10,100.00
9/24/2024 217959 Hamner Jewell Associates 162.00
9/24/2024 217960 J.C.J. Electric Corp. 800.00
9/24/2024 217961 Monterey Bay Analytical Services 2,141.00 9/24/2024 217962 Petty Cash 229.08
9/24/2024 217963 Postmaster 1,000.00
9/24/2024 217964 Regional Government Services 2,828.64
9/24/2024 217965 Robert Martinez 100.00
9/24/2024 217966 Smith & Enright Landscaping 8,219.43
9/24/2024 217967 Stantec Consulting Services Inc. 58,120.14 9/24/2024 217968 T-Mobile 299.26
9/24/2024 217969 Trident Demolition Inc. 12,630.00
9/24/2024 217970 Univar Solutions 736.00
9/24/2024 217971 Valero Wex Bank 843.28
9/30/2024 ATM Payroll 66,407.06
9/30/2024 Payroll Taxes 23,241.46
9/30/2024 ATM2 Fica 7,270.59
Report Total 1,106,483.31
City Manager Status Report
Associate Planner introduction tonight
Community Development Projects
Advanced Planning
Housing Element
Revising the Subdivision Codes- Minor/Major
Food Trucks on this Agenda
Need to Update ADU Ordinance
Current Planning
HRB-Reviews for minor building repairs
Ottoboni Lot for Sale- Residentially Pre-zoned
Development Agreement for the Gas Station
Teatro Rennovations
City Manager Status Report

UGB-SOI
MOU in final Format
County staff participated in the last discussion
Finalizing the Targeted General Plan Amendment
CEQA Review is the last piece
LAFCO Application to be filed in January
City Manager Status Report
Cultural Heritage-Preservation
New Consulting Firm Rincon Consulting Inc. Recommended
Following retirement of Meg Clovis 10.28.24
Connecting with the Amah Mutson Tribe
Monthly Meeting- 2 so far
Programmatic Agreement proposed
Resources at the Soccer Fields (cultural easement?)
Ethnographic Village Site – southern The Alameda and Canyon Special Events
First Veteran’s Parade
Parade of Lights coming soon
Auditing Fees Charged to assure equity
Revised Application Process for next year
City Manager Status Report
Water Import
Reinitiated talks to buy water
Former GM helping while new GM takes office
Letter of Concern- size of pipe from WTP to Hwy 156
Bringing Forward Pipeline Agreement in January
(Optimistic, working with Downey Brand)
MNS Design Proposal in Hand
Analysis Complete to present to industrial Users
City Manager Status Report
WastewaterPipeline passed pressure checks
Installing switch gear this month (after 18-month delay) Asphalt done and paid for (w/County help)
Striping next
Slurry Seal needed but can’t be done until April (weather too cold) Preparing to meet with Industrial Users
Seeking their share of the water compliance project to lower salts Discussing with Hollister
they are currently are in violation of their Chloride limits City Manager Status Report
Winter Weather Briefing
Central Costs is “in-between” the wet and dry zones
Cold (no kidding)
Relatively Dry
“La Nina” will be mostly effecting the northern CA Region Will dip down enough to keep us out of drought
CSUMB Projects for Fall 2024
Agreement and presentations December
Water Rate Audit
Lang Park Use and Sponsorships
City Manager Status Report
League Conference – Long Beach
Economic Outlook
MBEP
State of the Tri-County Economy
Health, Education, Industrial/Commercial/Ag. Tech
Retirement of Senator Caballero
Recreation (Events and Programs)
• Howl-oween (past)
• Local vendors including animal rescues, pet resort, and CSUMB students • Costume contest, photo booth, toys, “Trick & Treating,” etc. • Low turn-out due to location
• Seniors Learn 16 Watercolor Techniques
• Partnership with Mary Velasco Sellen Senior Center (MVSSC) • Mondays, Nov 18-Dec 9, 10am-12pm
• Seniors Dance for Fitness
• Partnership with The Y
• Tuesdays, 10:45-11:30am
• Wintertime Flick-tacular
• Movie night in the Community Hall
• Dec 19th
• Vote on the movie!
• Rec Explorer Hiking Challenge
• Continues through Dec 31st
Recreation (Projects)
• Special Events
• Working with the Special Events team to ensure protocol is being followed with 2025 events. • Greenfields Outdoor Fitness Grant
• $40,000 grant to be applied to outdoor fitness equipment from Greenfields’ X-treme Ninja course • Awarded. Assessing practicality and required timeline feasibility. • Anzar Partnership
• Working to build a relationship between the student and the city • Will bolster attendance to future teen programming and enhance volunteer pool • City Grant Program
• Initial stages of development
• Intended for community enhancement through programming or capitol improvement • Lang St Park Development
• CSUMB students continue outreach efforts to all ages and demographics • Design team is incorporating identified wants and needs • Policy team is creating policy to keep out town and its residents safe and to set the park up for long-term success • Students will present what they have been working on at the next council meeting • Jr Giants
• Applied to be our own league
• Awaiting decision
City of San Juan Bautista
Oct 2024 Monthly Public Safety Update
Report Created by Public Safety Coordinator Roy Morales 11/01/2024 1
Roy Morales- Public Safety Coordinator
Law & Fire monthly summary
Report Created by Public Safety Coordinator Roy Morales 11/01/2024
• 1towed vehicle – Abandoned
vehicle program
• 1 stolen car from La Hacienda
Hotel
• 2 car accidents at HWY 156 @
The Alameda – 1 involved a DUI
• Search Warrant related to a
brandishing case on 3rd St. led to
red tag of house
• 1 domestic violence response- no
arrests
2 • 3- Fires (non within city limits)
• 15- Medical calls
• 7- Vehicle accidents (2-156 @ The
Alameda)
• 1- Inspection- Substandard Housing
• 1- Special Event- Harvest Festival
• SB 1205- 21 Apartment Inspections / 2
Hotel Inspections (mandated by state)
Speeding issues
• Two responsible vehicles have been
identified and information relayed to
the Sheriff’s Office
• Speed trailer was placed on the 400
block of 2nd St. near the Masonic
Lodge
• Speed cushions are being discussed
with Fire Marshall
• Speed cushions vendor provided quote
($2792.58)
• Reviewing Hollister’s traffic calming
resolution from 2023
Report Created by Public Safety Coordinator Roy Morales 11/01/2024
3 Unhoused
• Individual has been identified and asked to move elsewhere • City doesn’t have any resources for any one in this situation • This individual has refused assistance from numerous sources and wants to remain in this situation
• They don’t meet any criteria for LE intervention
Report Created by Public Safety Coordinator Roy Morales 04/01/2024 4
Code Enforcement Update
• 10 new cases
• 0 stop orders
• The city attorney is involved with nuisance properties discussed in the past who have met deadlines for compliance
• Sheriff’s Office conducted a search warrant at a house and determined it was in violation of several health and safety codes
• Fire / Planning inspector and Public Safety Coordinator responded and eventually red tagged the property
• Red Cross provided housing for the first night. Property owner provided for the next several nights
• Property owner has been in contact with Code Enf. And moving forward with renovating the property
Report Created by Public Safety Coordinator Roy Morales 11/01/2024 5
Re-establish Public Safety
Committee
• Coordinate the following with Public Safety Officer
• Neighborhood watch groups
• Importance of residential cameras
• Crime Prevention Through Environmental Design
(CPTED)
• Educate residents of when to call the Sheriff’s Office (911 vs non-emergency)
• Understanding the role of Code Enforcement (non-LE)
• Fire prevention measures
• Discuss special event safety
• Discuss traffic issues throughout the city
Report Created by Public Safety Coordinator Roy Morales 11/01/2024 6

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 15th day of November 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 15th day of November 2024.
____________________________________________
Elizabeth Soto, CMC, CPMC
City Clerk / Administrative Services Director
Item: 8.B
City Council Meeting
November 19, 2024

WAIVER OF READING

OF ORDINANCES
State law requires that an ordinance be read in its entirety prior to adoption unless the City Council waives reading beyond the title. Reading an entire ordinance at the meeting is extremely time-consuming; reading of the title alone usually gives the audience sufficient understanding of what the Council is considering.

To ensure that this waiver is consistently approved by the Council, Council should make the waiver at each meeting, thus, you should do it at this point on the Consent Agenda. The Council then does not have to worry about making this motion when each ordinance comes up on the agenda.

GC36934
Page | 1
RESOLUTION NO. 2024-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING CLOSURE OF STREETS FOR CERTAIN SPECIAL EVENTS IN 2024 WHEREAS, The City has received an application for a Special Event in 2024, and authorization for Street Closure are a prerequisite for issuance of such permits for the following events:

Rotary Holiday of Lights Parade
December 7th, 2024 from 6:00 PM- 10:00 PM
Third Street from Franklin St. to Muckelemi St. (Exhibit A) BE IT RESOLVED that the City Council does hereby authorize the referenced entities to close streets on the dates and times referenced herein subject to the following requirements:

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

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

PASSED AND APPROVED this 19th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk

Item: 8.D
City Council Meeting
November 19, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 19, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS, CITY MANAGER
BY: DON REYNOLDS, CITY MANAGER
TITLE: ADOPT THE RECREATION COORDINATOR JOB

DESCRIPTION
RECOMMENDED MOTION:

Approve the attached Resolution adopting the Recreation Coordinator Job Description.

RECOMMENDATION:

Adopt the attached Recreation Coordinator Job Description, approved in Resolution 2024-28 as part of the Fiscal Year 2024/25 Budget Adoption effective July 1, 2024, and promote the Recreation Assistant to that position also effective July 1, 2024.

EXECUTIVE SUMMARY:

City Personnel Rules require the City Manager to update the City’s job classification Plan as needed. Upgrading the 30-hour per week Recreation Assistant position to a full-time 40-hour per week Recreation Coordinator position was agreed upon and approved with the approval of Resolution 2024-28, and the adoption the Budget for Fiscal Year 2024/25. The creation of the new position became effective July 1, 2024. This report seeks the City Council’s approval of the Job Description.

BACKGROUND:

The City’s Recreation Program was established in the FY 22/23 budget. Staffing of one person has increased steadily from 20-hours a week, to 30 hours per week in January 2024, to the fulltime position of 40-phours per week approved with the current budget. Each time the change was made the City’s staffing was promoted.

Page | 2
FISCAL IMPACT:

As stated in the Budget, the impact of this full-time position will increase the General Fund expenditures by approximately $35,000.

ATTACHMENTS:

Recreation Coordinator Job Description
RESOLUTION NO. 2024- XX

A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ADOPTING THE

RECREATION COORDINATOR JOB DESCRIPTION
WHEREAS, On June 19th, 2018, the City adopted Resolution 2018-26, and its Personnel Rules; and
WHEREAS, Personnel Rule III describes the City’s Job Classification Plan and defines its purpose to inventory each type of job class working for the City, and the process for amending it; and
WHEREAS, the role of the City Manager is to present for City Council consideration and approval of amendments from time to time as the organization changes; and WHEREAS; On April 18, 2023, consistent with the new Strategic Plan, the City adopted Resolution 2023-24 establishing a Recreation job classification and approving the new part-time Recreation Assistant position; and
WHEREAS, On June 13, 2023, the City Council approved Resolution 2023- 43 adopting its budget for FY 2023/24, expanding the hours of the Recreation Assistant from 20-to 30 hours per week effective July 1, 2023; and
WHEREAS, on June 18, 2024, the City Council adopted Resolution 2024-28 adopting its current budget and changing among other things, the part-time Recreation position to a fulltime Recreation Coordinator position effective July 1, 2024; and WHEREAS, the proposed draft Recreation Coordinator job description is attached to this Resolution for the Council’s consideration and adoption. The current Recreation Assistant was promoted to this role effective July 1, 2024.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:

1. That the recitals in this Resolution and accompanying staff report are true and correct and are hereby made a part of this Resolution.

2. It amends the Classification Plan adding the job description for a full-time “Recreation Coordinator.”
PASSED AND APPROVED by the City of San Juan Bautista City Council on the 19th day of November, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________
Scott Freels, Mayor
ATTEST:
__________________________
Elizabeth Soto, City Clerk
Attachment:

Recreation Coordinator Job Description
Page | 1
CLASS TITLE: RECREATION
October 14, 2024
JOB DESCRIPTION: RECREATION COORDINATOR

JOB SUMMARY
Independently organizes, plans, directs and implements a wide range of programs that foster human development, promote health and wellness, provide recreational experiences, and strengthen safety and security through activities, programs, and special events. Employees in this classification receive general supervision within a framework of standard policies and procedures. This position may assist in supervising or directing the work of volunteers, or other part-time staff. This job class requires knowledge of recreation program principles, creative ability, and organization and planning skills.

DISTINGUISHING CHARACTERISTICS
This job class is responsible for a variety of recreation program and related areas focusing on programs seniors and children age 18 or younger, and special events.

EXAMPLES OF ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• planning and delivery of a defined activity and/or program area or service, which may include pre-school programs, after school/summer programs, facility/equipment rental programs, aquatics, sports or special events
• scheduling and promoting recreation programs and seasonal and special events in a timely fashion.
• develops fee schedules, and analyzes program revenue needs to off-set costs establishing break-even points to best suite charges for city recreation services. • managing youth sports leagues
• Supervising, leading and directing assigned program staff, and volunteers • purchases and orders supplies. and materials
• gives oral and written directions
• maintains accurate records and prepares reports
• supervises program activities and participants
• maintains facility and equipment in a clean and orderly manner • responds calmly and efficiently in emergency situations • observes and enforces safety regulations to secure safety of activity, participants and spectators
• ensures proper food and/or cash handling procedures are maintained • provides excellent customer service, to include professionally and politely communicating with participants, parents, and teammates
• maintains order, discipline and good public relations • opens and closes buildings
Page | 2
• drives City vehicles and transports program participants and staff • performs related duties similar to the above in scope and function as required

EMPLOYMENT STANDARDS
Knowledge of:
• recreational and cultural programs, principles, practices, methods, techniques, procedures and policies of planning and promoting, and/or events related to area of assignment • facilities, operations and techniques used in area of assignment • effective use of technology - computer and modern office equipment - to analyze, organize and distribute information
• proper English language usage, spelling, vocabulary, grammar, and punctuation in order to read, comprehend, and communicate clearly, concisely, and tactfully both verbally and in writing
• modern theories, principles, practices, methods and human development models of organizing, conducting, and directing play and recreation to create recreational experiences • understanding of inclusive practices as they apply to the operation of programs, services, and facilities
• time management tools and techniques to organize, prioritize, and follow up on work assignments to meet deadlines
• techniques of advertisement, outreach, and public relations for the promotion of assigned program area
• practices of coordinating, training, and monitoring subordinate staff or volunteers Ability to:
• represent the City and its values to the general public • provide creative leadership in organizing, directing, and conducting recreation programs and activities
• determine supplies and equipment necessary for assigned programs • prepare accurate reports, program schedules, and publicity materials as required • collaborate and work well with community groups, parents, volunteers, and staff • assist with and/or supervise use of facility or monitoring of activity to ensure compliance with policies and codes, protection of property, and safety of all users and staff and resolve conflicts or problems that arise
• effectively and tactfully communicate in both oral and written forms • present reports and ideas to the City Council and to other bodies. • establish and maintain effective work relationships with those contacted in the performance of required duties
TRAINING AND EXPERIENCE:

Any combination of training and experience, which would provide the required knowledge and abilities, is qualifying. A typical way to obtain the knowledge and abilities is:

Page | 3
• to have actively lead groups of people in the delivery of sports programs, music, art and/or music classes, or similar recreational activities
• have experience developing, promoting, implementing, and supervising various facets of a community driven recreation program.
o communicating with a diverse assortment of the general public LICENSE & CERTIFICATION:
• possession of a valid California Class C Driver’s License and a safe driving record • must obtain CPR and first aid certifications within six months of employment

PHYSICAL REQUIREMENTS
Physical requirements described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. These typically include:
• prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities • grasping, repetitive hand movement and fine coordination • walking on uneven surfaces
• see and hear in the normal visual and audio ranges with or without correction • work indoors in an office environment subject to heat\cold and fragrances • reach above and at shoulder height
• drive a vehicle
• depending on area of assignment, the nature of the work may require the incumbent to work outdoors, lift equipment and materials weighing up to 50 pounds and work evenings, weekends and holidays
Page | 1 City Council Meeting Minutes (July 16, 2024)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MINUTES
JULY 16, 2024

1. CALL TO ORDER
Mayor Pro Tem Jordan called the City Council meeting to order at 6:14 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present:

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

Absent:

Mayor Scott Freels
Staff Present:

Don Reynolds, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Mayor Pro Tem moved item 9.A to the front end of the agenda.

2. INTRODUCTION
A. Introduce Code Enforcement and Community Services Officer Oscar Soto.

Roy Morales, Public Safety Coordinator introduced newly hired Code Enforcement and Community Services Officer Oscar Soto. Mr. Soto comes to the city with 30 years of experience in construction, law enforcement, and code enforcement.

The City Council welcomed Mr. Oscar Soto.

3. PROCLAMATION
A. Proclamation to honor the retirement of Code Enforcement Officer Richard “Rich” Brown.

The City commended Code Enforcement Officer Rich Brown on his retirement.

Page | 2 City Council Meeting Minutes (July 16, 2024)

4. PRESENTATION
A. San Benito Agricultural Land Trust, Conserving Agricultural Land and Open Space in San Benito County
Lynn Overtree, Executive Director, of San Benito Agricultural Land Trust discussed the importance of conserving agricultural land and open space in San Benito County, highlighting the work and programs of the San Benito Agricultural Land Trust (SBALT) and the benefits to agriculture and the community.

The City Council thanked Ms. Overtree for her presentation.

No public comments were received.

5. PUBLIC HEARING
A. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 for Fiscal Year 2024-25 (Continued from June 18, 2024).

City Engineer Jerry Sanguinetti (MNS Engineers) provided the report. A community meeting in the District was held on July 11, 2024. The proposed assessments for FY 2024-25 will cover the costs of contract maintenance for the current fiscal year. The assessments are set below the maximum rates calculated at the formation of the district, and they have been increased to align with the expenses required for ongoing maintenance of landscaping and lighting improvements within the Valle Vista Landscape and Lighting Maintenance Assessment District 1. Additionally, the annual escalator for the special tax amounts is tied to the Consumer Price Index-All Urban Consumers for the San Francisco Oakland-San Jose area, ensuring that the assessments keep pace with inflation and maintenance costs over time.

City Engineer Jerry Sanguinetti reviewed the Smith & Enright Mitigated Plan and outlined the issues that would be addressed which include gophers, irrigation, trees in park strip, dead foliage/mulch, monthly site walks, and consistency with Smith & Enright Personnel.

Councilmember Morris-Lopez asked what were the top concerns posed by the District. Mr.

Sanguinetti responded the concerns were cost and quality of service.

Mayor Pro Tem Jordan opened the public hearing.

The following members of the public commented on the report:

Cara Vonk expressed asked why the fencing was not part of the landscape service and expressed concern regarding the sycamore trees
Mayor Pro Tem Jordan closed the public hearing.

MOTION:

Upon motion by Councilmember Sabathia, second by Councilmember Freeman, the RESOLUTION Approving the Report Prepared in Connection with the Fiscal Year 2024/25 Levy Page | 3 City Council Meeting Minutes (July 16, 2024)
of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1, was approved.

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

None; ABSENT: Mayor Freels; ABSTAIN: None
MOTION:

Upon motion by Councilmember Freeman, second by Councilmember Sabathia, District the RESOLUTION Confirming a Diagram and Assessment in Connection with the Fiscal Year 2024/25 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District 1, was approved.

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

None; ABSENT: Mayor Freels; ABSTAIN: None

6. PUBLIC COMMENT
Received public comment from the following members of the public:

Laurie Tankersley
Esther Trujillo
Jose Aranda

7. 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.

The following members of the public commented on the report:

Michael Ponce
B. Reports from City Council Representatives to Regional Organizations and Committees
The City Council reported on the regional meetings and committees that they attended.

No public comment.

C. City Council Announcements
Mayor Freels announced that on June 13th lifelong resident Richard Velasco passed away. Mr.

Velasco was a former Planning Commissioner.

No public comment.

D. City Manager’s Report
City Manager Don Reynolds provided the report followed by a PowerPoint presentation.

Page | 4 City Council Meeting Minutes (July 16, 2024)
The following members of the public commented on the report:

Michael Ponce asked about wastewater and sewer, and the NPDES permit a. Fire Department Update –
Hollister Fire Chief provided the 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. The focus of the 4th of July event was successful. Issued three citations during the Fourth of July No public comment.

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

B. Approve a RESOLUTION Authorizing a Closure of Streets for NorCal Dubaffair Special Event on July 27, 2024.

C. Approve a RESOLUTION Adopting a City Holiday Schedule for Fiscal Year 2024- 2025
D. Amendment to the Permanent Local Housing Allocation (“PLHA”) Program (Total Value $455,999) Allocating 95% of 2020-2024 Grant Funds ($361,000) from Accessory Dwelling Unit (“ADU”) Code Compliance to Support Building Affordable Housing in the City.

Recommendation: Approve a RESOLUTION amending the 5-year PLHA program ($455,999) by changing the use of funds from program years 2020-2024, ($361,000) from the ADU Compliance program to support building affordable housing with the San Benito Health Foundation at 70 Muckelemi Street, and authorize the City Manager to execute the agreements necessary to implement it
E. Approve the Special Meeting Minutes of June 3, 2024. (Tabled) F. Approve the Regular Meeting Minutes of June 18, 2024. (Tabled) Page | 5 City Council Meeting Minutes (July 16, 2024)
Items E and F Minutes were tabled to the next meeting.

No public comments.

MOTION:

Upon motion by Councilmember Sabathia, second by Councilmember Freeman, Consent Agenda, Items A, B, and C, was approved.

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

None; ABSENT: Mayor Freels; ABSTAIN: None
Item D
Mayor Pro Tem Jordan announced that she has a conflict.

MOTION:

Upon motion by Councilmember Freeman, second by Councilmember Sabathia, Amendment to the Permanent Local Housing Allocation (“PLHA”) Program (Total Value $455,999) Allocating 95% of 2020-2024 Grant Funds ($361,000) from Accessory Dwelling Unit (“ADU”) Code Compliance to Support Building Affordable Housing in the City, failed.

AYES: Councilmembers: Freeman and Sabathia; NOES: Councilmember Morris-Lopez; ABSENT: Mayor Freels; ABSTAIN: Mayor Pro Tem Jordan
The Mayor Pro Tem recessed to a short break at 8:40 p.m. and reconvened the meeting at 8:50 p.m.

9. ACTION ITEMS
A. A Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits Recommendation: Approve a RESOLUTION approving 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.

City Manager Don Reynolds announced that the City Council just concluded a joint City Council and Urban Growth Boundary/Sphere of Influence meeting to discuss the MOU that was first introduced to the City Council at its June meeting. The MOU was presented and a vote was taken but motion failed due to lack of a second. The City, County, and stakeholders are coming up with a formal agreement in the form of the MOU to protects the city’s boundaries.

Councilmember Freeman stated the he has not in favor of the MOU, and added that the City should have the ability to gain a few extra parcels of property to get commercial development close to town that doesn’t make it sprawl but rather it allows for revenue to be generated by the city.

Page | 6 City Council Meeting Minutes (July 16, 2024)
Councilmember Morris-Lopez commented that she supported the MOU and stated that the MOU was good starting point to have a dialogue with the County.

Councilmember Sabathia stated that he disagreed with the way the MOU was written and added that the document should be a clear and concise communication of our intent.

Mayor Pro Tem Jordan explained that the city needs a document that could be sent to the County, and added it’s a way to start the conversation, and further added that the County is on board with having a conversation with the city. In order to memorialize the conversation, it needs to be in writing.

City Attorney Giffen stated that he has been acting on the direction of the Committee and the Council and has not been asked to evaluate the legality of the lead agency. The MOU is the product of the feedback from the Urban Growth Boundary/Sphere of influence Committee.

The following members of the public commented on the report:

Chris Martorana clarified some of the concerns the City Council had.

Councilmember Freeman requested the City Attorney consult with County Counsel and County Planning.

Councilmember Sabathia requested the Committee invite LAFCO to meet and request feedback from the County.

SUBSTITUTE MOTION:

Councilmember Sabathia moved to direct the (official) Committee (UGB/SOI) to invite the appropriate county entities (LAFCO, Legal Counsel, and whomever) to a Committee meeting to the point of beginning and drafting our MOU properly and allow our Attorney to have a conversation with the appropriate counterparts at the county to prepare and better prepare this MOU for eventual approval.

City Attorney Giffen
Direct the committee to invite the appropriate County representatives to a Committee meeting and to allow City Staff to converse with County Staff to allow the City Attorney to have appropriate conversations with County Counsel.

Councilmember Freeman second the motion.

AYES: Councilmembers: Freeman, Sabathia, and Mayor Pro Tem; NOES: Councilmember Morris-Lopez; ABSENT: Mayor Freels; ABSTAIN: None
B. Appoint a Member of the City Council to serve on the Urban Growth Boundary/Sphere of Influence Committee.

Recommendation: Appoint a Member of the City Council to fill a Vacancy left on the Urban Growth Boundary/Sphere of Influence Committee
Item was continued to next month.

Page | 7 City Council Meeting Minutes (July 16, 2024)
C. League of California Cities (LCC) Voting Delegate
Mayor Pro Tem Jordan requested the item be continued to the next meeting.

10. FUTURE AGENDA ITEMS
Councilmember Freeman requested the following be considered for a future agenda item:
 The implementation of a "dig once" policy to optimize infrastructure projects.

Councilmember Morris-Lopez requested the following be considered for a future agenda item:
 Removal of the wine barrels
 Reviewing the process for street festival closures, including the timeframe for requests, approval processes, and the number of days permitted for street closures during festivals.

Mayor Pro Tem Jordan requested the following be considered for a future agenda item:
 Vacancy Tax (vacant Buildings)
 City Council Insurance/Compensation

11. ADJOURNMENT
Motion to adjourn the meeting by Councilmember Freeman, second by Councilmember MorrisLopez. All in favor.

There being no other business, Mayor Freels adjourned the meeting at 10:03 p.m.

APPROVED:
___________________________
Leslie Q. Jordan, Mayor Pro Tem
ATTEST:
______________________________
Elizabeth Soto, Acting City Clerk
Page | 1 City Council Meeting Minutes (July 16, 2024)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MINUTES
JULY 16, 2024

1. CALL TO ORDER
Mayor Pro Tem Jordan called the Joint City Council/Urban Growth Boundary meeting to order at 5:03 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.

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

ROLL CALL

Present:

Councilmember John Freeman
Councilmember Jackie Morris-Lopez
Councilmember EJ Sabathia
Mayor Pro Tem Leslie Q. Jordan
Committee member Dan DeVries
Committee member David Medeiros
Committee member Morris-Lopez
Chair Chris Martorana

Absent:

Mayor Scott Freels
Staff Present:

Don Reynolds, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, CMC, CPMC, Acting City Clerk
Joint City Council and Urban Growth Boundary/Sphere of Influence Committee

WORKSHOP
A. Review the Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits, and provide direction to the Committee.

Chair Martorana introduced Committee member DeVries. Committee member DeVries provided an overview of the Memorandum of Understanding (“MOU”) Between the City and San Benito County Regarding Development in the Planning Area Outside City Limits. The MOU is to establish policies for development in a specific area without overriding current policies or state law. Sovereign immunity is retained by the city and county.

Page | 2 City Council Meeting Minutes (July 16, 2024)
The tiers in the planning area are structured as follows:

Tier One: Represents a high level of care and interest, aiming to maximize input to the county.

Tier Two: Indicates a significant level of care but with less input compared to Tier One.

Tier Three: Reflects the community's concern about a proposal in the area but signifies a lower level of input compared to Tiers One and Two.

Concerns regarding the Memorandum of Understanding (MOU) were raised about conflicts, lead agency designation, legal compliance, transparency, community involvement, and aligning visions and plans between the city and county.

The City Council and Urban Growth Boundary/Sphere of Influence Committee highlighted the necessity of ongoing dialogue, legal review, collaboration, joint planning efforts, policy considerations, and clear communication to address land use and development issues effectively.

Jennifer Stephenson, Executive Officer of the Local Agency Formation Commission (LAFCO) provided an overview. Ms. Stephenson commented that a Municipal Services review will be conducted during this fiscal year.

No public comments were received.

The joint workshop was closed at 6:04 p.m.

Mayor Pro Tem Jordan recessed to a short break.

Mayor Pro Tem Jordan reconvened the meeting at 6:14 p.m.

2. ADJOURNMENT
There being no other business, Mayor Pro Tem Jordan adjourned the joint City Council / Urban Growth Boundary/Sphere of Influence Committee meeting at 6:04 p.m.

APPROVED:
______________________________
Leslie Q. Jordan, Mayor Pro Tem
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Page | 1 City Council Meeting Minutes (August 20, 2024)

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL

UNOFFICIAL MEETING MINUTES
AUGUST 20, 2024

1. CALL TO ORDER
Mayor Freels called the City Council meeting to order at 5:03 p.m. in the Council Chambers, 311 Second Street, San Juan Bautista California.

PLEDGE OF ALLEGIANCE

ROLL CALL

Present:

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

Absent:

Staff Present:

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—Existing 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.

Received public comment from the following members of the public:

Iraida Pisano - City Attorney Evaluaiton
Mayor Freels reconvened the meeting at 6:04 p.m.

City Attorney Giffen announced that no reportable action was taken.

Page | 2 City Council Meeting Minutes (August 20, 2024) Request to add the National Health Center Week, 2024 proclamation to the agenda.

MOTION:

Upon motion by Councilmember Sabathia, second by Councilmember Jordan, the City Council added the Proclamation for National Health Center Week, 2024 to the agenda.

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

3. PROCLAMATION
The City of San Juan Bautista proclaimed:

A. Childhood Cancer Awareness Month, September 2024, Jacob’s Heart Children’s Cancer Support Services
B. National Senior Citizens Day, August 21, 2024
C. National Health Center Week, 2024.

4. PRESENTATION
A. Green foothills
Jessica Wohlander, Environmental Associate provided the report and stated that the mission of the Green foothills is to protect local open space, farmland, and natural resources for the benefit of all through advocacy, education, and grassroots action.

No public comment was received.

B. California State Parks Update
Wes Gray, Sector Manager – Diablo South Sector, provided the presentation.

The following members of the public commented on the report:

Cara Vonk

5. PUBLIC COMMENT
Received comments from the following members of the public:

Laurie Tankersley, upcoming events
Michael Ponce, Junior Giants

6. INFORMATIONAL ITEMS AND REPORTS
Treasurer’s Report and Monthly Financial Statements
Acting Treasurer Wendy Cumming, CPA reported on the financial statement for June 2024.

The following members of the public commented on the report:

Michael Ponce
Page | 3 City Council Meeting Minutes (August 20, 2024) A. Reports from City Council Representatives to Regional Organizations and Committees
The City Council reported on the regional meetings and committees that they attended.

B. City Council Announcements
Mayor Freels thanked Mayor Pro Tem Jordan for filling at the last meeting, and added that there may a kickoff party in October for the bells that were recently purchased.

No public comment.

C. City Manager’s Report
City Manager Don Reynolds provided an update on various city departments and projects, including urban growth boundaries, fire services, community development, public works, intergovernmental services, water district governance, and recreation programs.

The following members of the public commented on the report:

Jim Leibold asked about direct construction oversight of the “fiber” Cara Vonk asked about the sidewalk and signs and the of connecting with the Historical Society to make sure that the sidewalks are maintained, the aesthetics are maintained.

Michael Ponce asked Traffic calming
a. Fire Department Update –
No report was provided.
b. Sheriff Department Update –
No report was provided.
c. Public Safety Department Update –
Public Safety Coordinator Roy Morales provided a detailed update on public safety and code enforcement activities in the City of San Juan Bautista for July 2024.

The following members of the public commented on the report:

Jim Leibold
Iraida Pisano
Jolene Cosio

7. CONSENT
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 No public comments.

Page | 4 City Council Meeting Minutes (August 20, 2024) MOTION:

Upon motion by Councilmember Freeman, second by Councilmember Morris-Lopez, Consent Items A, B, C, D, E, F, and G, were approved.

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

None; ABSENT: Mayor Freels; ABSTAIN: None

8. ACTION ITEMS
A. End the Urban Growth Boundary/Sphere of Influence Committee Recommendation: Approve a RESOLUTION ending the Urban Growth Boundary (“UGB”)/Sphere of Influence (“SOI”) Committee.

City Manager Don Reynolds presented the report. The recommendation is to end the Urban Growth Boundary/Sphere of Influence Committee and draft a new City/County Planning Area Policy Agreement. The Council considered the work of the Committee complete and proposed ending it by adopting a Resolution. The Council did not take action on a draft Memorandum of Understanding (MOU) presented in June 2024. The focus is now on negotiating a Planning Area policy agreement with County staff to move forward with a LAFCO application efficiently. The main point of discussion between the City and County would be whether the County would designate its authority, as described in Government Code 15051(d), to make land-use decisions for properties in the unincorporated area to the City, which are not part of the City's Sphere of Influence (SOI). This issue is crucial for the negotiation of a Planning Area policy agreement between the City and County.

Councilmember Freeman stated that City Council should allow the Planning Commission finish the work the Committee started.

Councilmember Morris-Lopez agreed with Mayor Pro Tem Jordan and pointed out that the resolutions states that the work of the UGB/SOI is has not been completed.

Councilmember Sabathia pointed out, that at the last meeting, he stated the City Council had an understanding that there would be a forum for discussion.

Mayor Freels stated that the body of the resolution states… “The planning area was not part of the original group.” The minutes from December 2023 state that the city would be the lead agency and whether the language is legal. Until we get answers to the legality of the document. How long do we want this committee to go on? This committee has been going on for four years.

Councilmember Freeman reiterated that he does not believes that city can be the lead agency.

Councilmember Sabathia agreed with Councilmember Freeman about the legality of the city being a lead agency and asked the city acquire information about the legality from the experts.

Mayor Pro Tem Jordan announced that the Council tasked the committee to do an MOU and to have a conversation on what is being built on city jurisdiction Page | 5 City Council Meeting Minutes (August 20, 2024) Councilmember Freeman asked for the sphere of influence to be ratified. There are pros and cons to having a big sphere and pros and cons to having a little sphere, Councilmember Freeman added.

There is no legal authority to say no.

Arielle Goodspeed, San Benito County announced that there would be a stakeholder meeting in November at the sheriff’s conference room. Ms. Goodspeed added that City Manager Reynolds had some good examples of what city and county can collaborate on.

The following members of the public spoke in support of keeping the committee active:

Chris Martorana
Jeff and Katie Smith
Wanda Guibert
Jim Leibold
Cara Vonk
John Hopper
David Medeiros
Jolene Cosio
Jose Aranda
Dan DeVries
Jennifer Stephenson stated that she the county agreed with having the city be part of the conversation.

Councilmember Freeman stated that he willing to give the Committee another three months but is not that specific or even more specific. I want the conversation to go smoothly with the city and the county
Mayor Pro Tem Jordan thanked the UGB/SOI committee for their work.

Councilmember Morris-Lopez thanked the committee and disagreed with ending the Committee in November.

SUBSTITUTE MOTION:

Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, to move the Urban Growth Boundary/Sphere of Influence (UGB/SOI) Committee forward with producing some semblance of a Memorandum of Understanding (MOU) by November 2024 and moving forward with the SOI to Local Agency Formation Agency (LAFCO) as soon possible, was approved.

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

None; ABSENT: None; ABSTAIN: None
Mayor Freels recessed to a short recess at 9:39 p.m. and reconvened at 9:48 p.m.

Page | 6 City Council Meeting Minutes (August 20, 2024) B. League of California Cities (LCC) Voting Delegate
Recommendation: Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.

No public comment was received.

MOTION:

Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, Mayor Freels was appointed as Voting Delegate for the League of California Cities Annual Conference and Expo, October 16-18, 2024.

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

None; ABSENT: None; ABSTAIN: None
MOTION:

Upon motion by Councilmember Sabathia, second by Councilmember Morris-Lopez, Councilmember Freeman was appointed as Alternate Voting Delegate for the League of California Cities Annual Conference and Expo, October 16-18, 2024. .

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

None; ABSENT: None; ABSTAIN: None

9. DISCUSSION
A. Utility Billing
Tabled to next meeting
B. Wine Barrels and Two-Way Traffic on Thirds Street
Tabled to next meeting
C. Fire Advisory Committee Update: Special District Formation Study, and Proposed Joint Powers Authority.

City Manager Don Reynolds provided information on the process of forming a fire district, including the need for a feasibility study, collaboration with Hollister, financial contributions, property tax agreement, and voter approval. City Manager Reynolds is being tasked with preparing the Request for Proposals that will be brought forward for approval during the next City Council meeting. The next steps are to work on the Joint Powers Authority agreement and figure out the cost-sharing if a district is approved; move forward with the fire district plans before March and ensure all parties are on board; and change bylaws for the fire district.

The following members of the public commented on the report:

Michael Ponce
D. Draft Vacancy Fee Ordinance
Tabled to next meeting
Page | 7 City Council Meeting Minutes (August 20, 2024) MOTION:

Upon motion by Mayor Pro Tem Jordan, second by Councilmember Sabathia, to table items A, B, and D to the next meeting.

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

None; ABSENT: None; ABSTAIN: None

10. FUTURE AGENDA ITEMS
Item was tabled to the next meeting due to time.

C. ADJOURNMENT
Motion to adjourn the meeting by Mayor Pro Tem Jordan, second by Councilmember Sabathia.

All in favor.

There being no other business, Mayor Freels adjourned the meeting at 10:15 p.m.

APPROVED:
_____________________
Scott Freels, Mayor
ATTEST:
____________________________
Elizabeth Soto, Acting City Clerk
Item: 9.A
City Council Meeting
Date: November 19, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 19, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: MEMORNADUM OF UNDERSTANDING WITH SAN BENITO
COUNTY REGARDING DEVELOPMENT WITHIN THE CITY’S

PLANNING AREA
RECOMMENDED MOTION:

Approve a Resolution accepting the draft San Benito County Urban Growth Boundary/Sphere of Influence (“UGB/SOI”) Memorandum of Understanding (“MOU”) and sending it to them for consideration and approval.

EXECUTIVE SUMMARY:

Since May 26, 2020, the City’s UGB/SOI Committee has been deliberating about changes to the City’s Urban Growth Boundary and Sphere of Influence, and in November 2023, adopted Resolution 2023-71 with a new Map of the UGB/SOI and Planning Area. The application to LAFCO that implements these changes, requires an agreement with the County. Attached is the Committee’s recommended MOU that if accepted by the Council, will be sent to the County for its consideration and approval.

BACKGROUND:

The City adopted its General Plan in 2016, but did not change its SOI, UGB or “Area of Concern.” After four years of deliberation, it has come to agreement to re-name the Area of Concern to “Planning Area, being the area outside of the UGB/SOI in the unincorporated areas surrounding the City Limits, and the City Limits become the new UGB/SOI. Final changes to the Memorandum of Understanding were considered at its last Committee meeting, a Special Meeting held Monday October 28, 2024. Testimony was received at this meeting from County planning staff. This final version of the MOU was shared with the Committee Friday November 1, 2024. No further changes were requested from the Committee, so it is attached in its final form to the proposed Resolution included in staff’s report.

Page | 2

DISCUSSION
After being accepted by the City Council, the MOU will be shared with County. Further revisions may be requested from the County and be necessary to consider before the MOU is executed.

With the new UGB/SOI Boundary and draft MOU language with the County approved by the City Council, there are two more steps to take. The November 2023 Resolution 2023-71 also serves as a “Notice of Intent” for the City to complete a “Targeted General Plan Amendment.” This GP Amendment is necessary because the SOI change modifies the assumptions for future growth in the 2016 General Plan by eliminating any properties currently outside the City limits for consideration of future annexation.

The last and final piece of the LAFCO Application will be a revision to the 172-page General Plan that edits and removes references to the future annexation, and describes the growth potential for infill development within the current City limits. This document is in a final draft form and will be ready for Planning Commission and City Council consideration in the next few months. It will require a CEQA evaluation, but because the proposed changes reduce the impacts of growth to the new UGB/SOI area, the CEQA study will be limited in its scope.

FISCAL IMPACT:

The City budgeted for the cost of this work and related studies as one of three major initiatives in its CIP two years ago.

ATTACHMENTS:

Resolution with Drafted MOU with the County

DISCUSSION
A. Do the Adams have a right to appeal?
A question arises as to whether the Adams are entitled to appeal. The SJBMC is silent regarding the appealability of a front yard designation. However, section 11-25-010 outlines an appeal procedure to be utilized “Whenever provision for an appeal is made in this Title [Title 11 Zoning]…” This suggests that unless Title 11 specifically states that an item can be appealed, it is not by default appealable. Support is found in 11-18-030, which explicitly says Design Review Approval is appealable, and in 11-04-050, which explicitly says the City Manager’s power to issue a home occupation permit is appealable. An argument can be made that if the code drafters intended to make all City Manager decisions appealable, they would not describe particular decisions as appealable. The City could find that the Adams have no right of appeal , because there is no specific appeal right explicitly granted by the Code with respect to front yard designations,
B. Was Adams’ appeal timely and before the right legislative body? Ordinarily, the Planning Commission hears and decides appeals from any action of the City Manager or designee (section 11-25-070). However, an appeal is only valid if a written appeal is filed with the City Clerk within 10 calendar days from the date of the action of the Planning Commission or administrative decision (section 11-25-030). The City may find that this issue is not properly within the jurisdiction of the City Council because it did not first appear before the Planning Commission, or that the appeal is untimely coming months after the City Letter.

C. Summary and analysis of Adams’ appeal
In an email dated July 2, 2024 (“JRG Email”), JRG expressed multiple code compliance and safety concerns regarding Cassel’s fence and the City Manager’s approval thereof. This email forms the basis of the Adams’ appeal:
1) Property’s boundaries not of substantially the same length JRG asserts that the Property’s lines are not of “substantially the same length” under the meaning of SJBMC Chapter 11-29. JRG argues that one property line is 80 feet and the other is 100 feet, and thus they are not substantially the same. This suggests that the City Manager did not have the authority to designate the front yard in this case.

Note in rebuttal to JRG that the SJBMC does not define the term “substantially the same length.” As such, the SJBMC grants discretion for the City to view the difference between 80 feet and 100 feet as insubstantial. In fact, no measurements of any kind (i.e., exact foot difference or percentage) are referenced in the code to define “substantially the same” for the purposes of Code Section 11-29; even though other sections of the code clearly set other requirements in the form of objective measurements. This suggests that the drafters of this section of the SJBMC intended to leave such discretion to the City.
2) Designation of Jefferson Street as the front property line creates or worsens a nonconforming situation
JRG further alleges that the City Manager’s designation of Jefferson Street as the front property line creates or worsens a nonconforming situation ⸺ even if such designation is valid.

JRG argues that the Cassel house is less than 10 feet from the property line on Jefferson Street; despite a zoning code that requires a 20-foot setback in the case of front yards, a 5-foot setback in the case of side yards, and a 20-foot setback in the case of rear yards. This argument is consistent with section 11-03-010 of the SJBMC.

In rebuttal to JRG, note that non-conforming structures may continue, pursuant to section 11- 15-020 of the SJBMC. Section 11-15-020 provides: “Any use, building or structure existing on the effective date of the ordinance codified in this Title which does not conform with the provisions of this Title for the zone in which it is located shall be deemed to be a nonconforming use, building or structure and may be continued except as hereinafter specified; provided, however, that this Section does not apply to any use, building or structure established in violation of the zoning ordinance previously in effect.” The legislative history of section 11-15-020 suggests it is based on the following ordinances: Ords. 2015-21 (9/15/15), 2017-01 (1/17/17), 2019-06 (11/19/19). If the Cassel home and its current setback predates 2015, the City may view the placement as a valid continuing use under section 11-15-020.
3) 10-foot setback from Second Street is required for any fence along Second Street JRG also argues that a 10-foot setback from Second Street is required for any fence along Second Street (if Second Street is validly designated as the front yard). Section 10-1-505 (B) of the SJBMC provides: “…no such fence, wall, or hedge within twenty-five feet (25') of the common lot line shall be closer to the side street lot line than one-half (1/2) the least depth of the front yard required on such other lot fronting the side street.” JRG contends that, if Second Street is validly designated as the front yard, the Cassel property is a corner lot with a rear property line that abuts the side lot line of the Adams property; thus, the required front yard for the Adams lot is 20 feet, so the fence must be set back at least 10 feet from Second Street.

Rebuttal to JRG: As above in paragraph 2, to the extent that any aspect of the Cassel home or proposed fence (that is the same as the existing hedge line) is non-conforming, that nonconformance may continue, pursuant to section 11-15-020, provided that the Cassell home and other improvements on the property are older than 2007. Additionally, pursuant to section 11-15- 050, a non-conforming structure or use that is determined by the Planning Commission to be of the same or a more desirable nature may be substituted for another nonconforming use. 4) SJBMC evidences need to prevent fences or hedges from obscuring visibility JRG argues generally that the need to prevent fences or hedges from obscuring visibility is evident in several sections of the code. For example, the code requires that front yard fences, walls and hedges should be no more than 3 feet high to avoid obscuring visibility. (See SJB Municipal Code Section 10-1-505 (D)). The code also provides: “On a corner lot a fence or hedge over four feet (4') in height above the average crown of adjacent streets shall be not less than twenty feet (20') from the point of intersection of the street right-of-way lines, or said lines extended, or less than ten feet (10') from said right-of-way at any point.” (SJB Municipal Code Section 10-1-505 (C)).

Rebuttal to JRG: As above, the existing hedge line (which mirrors in location and height the proposed fence along Second Street) is a non-conforming use that may continue under Code Section 11-15-020, and may be substituted by the fence as another non-conforming structure or use that is of the same or a more desirable nature, pursuant to Code Section 11-15-050. Note that the existing hedge is decades old and is currently causing the same visual hazard as the fence will, suggesting that problems would have already arisen if the conditions were as hazardous as JRG claims.
5) Inherent safety issue due to pedestrian traffic on Second Street JRG argues that there is an inherent safety issue due to pedestrian traffic on 2nd Street, which is in proximity to a neighborhood park and library.

Rebuttal to JRG: Note that the existing hedge is decades old and is currently causing the same visual hazard as the fence will, suggesting that problems would have already arisen if the conditions were as hazardous as JRG claims.
6) Proposed fence, designed to follow the current hedge line, would violate section 10-1-505 of SJBMC
Finally, JRG contends that, whether or not the designation of the new front yard is valid, the hedge abutting the Adams driveway is in violation of section 10-1-505, subsections (B) and (C), of the SJBMC. This suggests that the proposed fence, designed to follow the current hedge line, would also violate these provisions. Section 10-1-505(B) provides: “If not exceeding at any point eight feet (8') in height above the elevation of the surface of the ground at such point, they [fences, walls and hedges] may be located in any required rear yard or side yard, provided that on a corner lot, abutting in the rear the side lot line of another lot in an R District, no such fence, wall, or hedge within twenty-five feet (25') of the common lot line shall be closer to the side street lot line than one-half (1/2) the least depth of the front yard required on such other lot fronting the side street.” Section 10-1-505(C) provides that fences, walls and hedges “On a corner lot a fence or hedge over four feet (4') in height above the average crown of adjacent streets shall be not less than twenty feet (20') from the point of intersection of the street right-of-way lines, or said lines extended, or less than ten feet (10') from said right-of-way at any point.” Rebuttal to JRG: As above, the existing hedge line is a non-conforming use that may continue under Code Section 11-15-020.

FISCAL IMPACT:

No fiscal impact to City. If the Adams appeal is approved, the Property owner may be required to remove the portion of the new fence already constructed.

ATTACHMENTS:

City Letter dated February 5, 2024
Adams Letter dated June 1, 2024
JRG Email dated July 2, 2024

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, (“UGB/SOI Committee,” “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 UGB/SOI Committee recommended a Memorandum of Understanding (“MOU”) between the City and County with Page | 2
“defining three concentric circles within the Planning 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, at its August 20, 2024, City Council meeting, the City Council directed the UGB/SOI Committee to “move the UGB/SOI Committee forward with producing some semblance of a MOU by November 2024,” so that the City can move its application for a new UGB/SOI and Planning Area to LAFCO as soon as possible; and WHEREAS, the Committee met three times since the August 20, 2024 Council meeting, and among other changes, removed reference to “lead agency,” “concentric circles,” and at its special meeting held October 28, 2024, acted to accept the newly drafted MOU as amended, and present it to the City Council for approval; and
WHEREAS, the City Council has now considered the attached UGB/SOI Committee amended MOU and agree that it is ready to be shared with the County, and then be submitted with the LAFCO Application to amend the UGB/SOI.

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 accepting the draft UGB/SOI MOU language, and directs staff to share it with the County for its consideration and approval.

PASSED AND ADOPTED by the City Council of the City of San Juan Bautista at a special meeting held on the 19th day of November 2024, by the following vote:

AYES:

NOES:

Page | 3
ABSENT:

ABSTAIN:

APPROVED:
______________________
Mayor Scott Freels
ATTEST:
___________________________
Elizabeth Soto, City Clerk
Attachment:

Proposed draft MOU with the County
Page | 1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE COUNTY OF SAN BENITO AND THE CITY OF SAN JUAN BAUTISTA REGARDING DEVELOPMENT WITHIN CITY’S PLANNING AREA WHEREAS, the City of San Juan Bautista (“City”) and the County of San Benito (“County,” and together with the City, “Party” or “Parties”) have adopted: (i) General Plan policies and zoning regulations; (ii) the Guidelines for Orderly Development; and (iii) the Planning Area (as hereinafter defined), together with the county-administered Land Conservation Act (“LCA”) Program, which, demonstrate a long-term commitment to agricultural and open space land conservation; and
WHEREAS, the Parties intend for this Memorandum of Understanding (“MOU”) to establish and ensure that development processed by the County within the City’s Planning Area (as hereinafter set forth) is in conformance with these goals; and WHEREAS, the “Area of Concern,” as defined in Section 4.4.1 of the City’s General Plan, extends beyond the city limits and encompasses the Planning Area; and WHEREAS, Section 4.4.1 of the City’s General Plan provides that any project in the Area of Concern should notify the City and receive input from the City; and WHEREAS, the City’s General Plan encourages urban growth boundaries that: (i) successfully limit sprawl; (ii) promote new growth in desirable areas and protect prime agriculture, rangelands and viewsheds; and (iii) discourage subdivision of parcels in agricultural production; and
WHEREAS, the San Juan Bautista 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” which created a new Sphere of Influence, Urban Growth Boundary and Planning Area attached as Exhibit A; and
WHEREAS, establishment of a “Planning Area” (previously referred to as the “Area of Concern”) wherein City maintains significant influence, is vital to the protection of the historical character and setting of the City, which underpins the City's cultural and economic well-being and community values; and
WHEREAS, it is the intention of the Parties now to memorialize the influence to be maintained by the City with regard to development of properties within the County’s jurisdictional boundaries, but which are also within the City’s “Planning Area” as herein set forth and recognized; and

NOW, THEREFORE, THE COUNTY OF SAN BENITO BY AND THROUGH ITS

BOARD OF SUPERVISORS, AND THE CITY OF SAN JUAN BAUTISTA BY AND THROUGH ITS CITY COUNCIL HEREBY AGREE AS FOLLOWS:

Page | 2

1. Parties. This Memorandum of Understanding (“MOU”) is made and entered into by and between the County and City. The address of the County Board of Supervisors is 481 Fourth Street, 1st Floor, Hollister, CA 95023 and the address for the County Planning Department is 2301 Technology Parkway, Hollister, CA 95023. The address of the City is 311 Second Street, P.O. Box 14290, San Juan Bautista, CA 95045.

2. Purpose. The purpose of this MOU is to establish polices to guide Development (as hereinafter defined) in a certain portion of the unincorporated area of San Benito County that is adjacent to and surrounding the City (“Planning Area”), as more particularly described in Exhibit A attached to this MOU. Through execution of the MOU, the City and County intend to define shared expectations for future policies concerning Development within the Planning Area.

This MOU is intended to evolve into future ordinances and/or agreements between the Parties that may explicitly replace and supersede this MOU.

3. Term of MOU. The MOU is effective upon the date last signed and executed by the duly authorized representative of the governing bodies of the County and City and shall remain in full force and effect until the date that any future ordinances and/or other agreements are executed by the Parties with respect to the Planning Area that, by their terms, explicitly replace and supersede the MOU.

4. Definition of Development and Structure. For the purposes of this MOU, “Development” and “Structure” shall have the same meanings attributed to those terms in California Government Code § 65927.

5. Policies for Processing Development Applications Within City’s Planning Area.

A. Ongoing Dialogue and County Presentations. The planning staff of City and County shall meet to discuss proposals, inquiries and development interests at least quarterly or as they arise. Note that for purposes of this paragraph, “proposals, inquiries and development interests” shall include, without limitation, those inquiries made to the County on an informal basis, e.g., prior to any formal application. Although it is the intention of the Parties to always maintain a dialogue between them, County commits to make a presentation to the City’s Planning Commission on at least a quarterly basis regarding all development inquiries it is aware of within the Planning Area.

B. Process for Applications Within City’s Planning Area. The City and County will collaborate and process development proposals and applications as they are submitted to the County Resource Management Agency (“RMA”) (Planning Department) for consideration as follows:
a. Transmitting Applications Within Planning Area: When a formal application for Development has been actually submitted to the County Page | 3
for a “project” within the City’s Planning Area, that application shall be transmitted to the City when it is received by County.
b. Informal Presentation to City: Upon receipt of an application from County, City staff shall take all steps necessary to schedule the matter for an informal presentation by the project applicant, or their designee, to the City’s Planning Commission on the soonest-available agenda as an “Agenda Item,” but in no event longer than 30 days from the date of receipt by City.
c. City Feedback from Informal Presentation: After hearing the informal presentation, the City Planning Commission shall accept public comment, deliberate and provide formal feedback to the applicant and County staff in the form of a letter signed by the City’s Planning Commission Chair. County shall include this letter from the City in their file for the application, and otherwise take City’s comments into consideration as they process the application.
d. County Shall Respond to City’s Comments: As to any comments, feedback and/or suggestions made by City throughout this process, County shall provide responses prior to the final vote by the City’s Council as set forth immediately below.
e. Include City in Preparation of Conditions: As the County processes the application, and upon completion of any draft or proposed “conditions of approval,” and/or “mitigation measures” for an environmental document, County shall forward the proposed conditions and mitigation measures to City for its review and consideration which may include review by the City’s Planning Commission. If City has any feedback, proposed modifications or additions, City shall communicate these suggestions to County planning staff.
f. Opportunity for City to Support or Oppose Project: Upon completion of the County’s processing of the application, including any proposed conditions of approval and/or mitigation measures, County shall forward its “Staff Report” and any supporting documents to City for review and consideration by City’s staff, Planning Commission, and City Council. The application will then be placed on the agenda for the City Council as an action item resulting in a vote to either support or oppose the project.
g. City’s Resolution Communicated to County: The vote of the City’s Council to either support or oppose the project, and the basis of the City’s position, shall be in the form of a Resolution and forwarded to the County. The Resolution shall then be included in the materials prepared by County staff for its County Planning Commissioners, and shall also Page | 4
be described in County staff’s report for the County Planning Commission hearing on the application.
h. City’s Resolution Given Great Weight: County, its staff and Planning Commission, will consider City’s feedback, including the City’s Resolution to either support or oppose the application and shall give the City’s resolution during County’s deliberations. If approved, the final County action, staff report, resolutions, etc., including any conditions of approval and/or mitigation measures, shall be transmitted to City Planning staff.

C. County Shall Require Completion of This Process: County shall not deem an application “complete” pursuant to Government Code §65943 unless and until the project applicant has completed the “Informal Presentation to the City” as set forth in paragraph 5(B)b, above.

D. Compliance with the Permit Streamlining Act: Nothing in this MOU is intended by the Parties to create any unreasonable delays, in keeping with the Permit Streamlining Act (Government Code §65943), and the Parties shall work together to that end.

6. General Provisions.

A. Amendments. Either Party may request changes to the MOU. Any changes, modifications, revisions, or amendments to this MOU which are mutually agreed upon by and between the Parties to this MOU shall be incorporated by written instrument and effective when executed and signed by all Parties to the MOU. Any changes, modifications or amendments, shall thereafter be attached to this MOU and incorporated herein as though fully set forth.

B. Applicable Law. The laws of the State of California shall govern the construction, interpretation, and enforcement of the MOU. The courts of the State of California shall have jurisdiction over any action arising out of the MOU and over the Parties, and the venue shall be the County of San Benito Superior Court.

C. Entirety of Agreement. This MOU, consisting of five (5) pages, represents the entire and integrated agreement between the Parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.

D. Severability. Should any portion of the MOU be judicially determined to be illegal or unenforceable, the remainder of the MOU shall continue in full force and effect, and either Party may renegotiate the terms affected by the severance.

E. Sovereign Immunity. The City and the County and their respective governing bodies do not waive their sovereign immunity by entering into the MOU, and each Page | 5
fully retains all immunities and defenses provided by law concerning any action based on or occurring as a result of the MOU.

7. Signatures. In witness of which, the Parties to the MOU through their duly authorized representatives have executed the MOU on the days and dates set out below and certify that they have read, understood, and discussed with their respective governing bodies this MOU and its contents who agreed to the terms and conditions of the MOU as set forth herein. The effective date of the MOU is the date of the signature affixed to this page.

COUNTY OF SAN BENITO:

San Benito County Board of Supervisors
By: ______________________________ Date: ________________________ Its: Chair__________________________
CITY OF SAN JUAN BAUTISTA:

San Juan Bautista City Council
By: ______________________________ Date: ________________________ Its: Mayor__________________________
APPROVED AS TO LEGAL FORM:

San Benito County Counsel
By: ______________________________ Date: ________________________ Its: _______________________________
APPROVED AS TO LEGAL FORM:

City of San Juan Bautista City Attorney
By: _________________________________ Date: ________________________ Its: _______________________________

STAFF REPORT
Action Agenda Item No. 10
Prepared By: Osman I. Mufti, SBCOG Counsel Approved By: Binu Abraham, Executive Director Subject: Amendment to Joint Powers Agreement Meeting Date: September 19, 2024 Recommendation:

Adopt Resolution 2024-09 Recommending Amendment of Joint Powers Agreement to SBCOG Member Agencies.

Discuss potential Amendment to Joint Powers Agreement. This item is before the Board for discussion and potential recommendation to SBCOG Member Agencies for consideration and final action. Formal amendments to the Joint Powers Agreement require approval by each SBCOG Member Agency (County of San Benito Board of Supervisors, City of Hollister City Council, and City of San Juan Bautista City Council) in order to become effective. The SBCOG Board is not authorized to amend the Joint Powers Agreement; however, the SBCOG Board may make a recommendation to its Member Agencies.

Summary:

Following discussions at the March Board retreat and the July Board meeting, SBCOG legal counsel prepared a potential Draft Amendment for SBCOG Board review and consideration. The Draft Amendment would revise Article 3.2.3 of the Joint Powers Agreement establishing the Council of San Benito County Governments. The Draft Amendment would result in member agency appointees to the SBCOG Board of Directors serving four (4) year terms until the appointment and qualification of a successor. Any vacancy that is created as a result of removal for cause or resignation from the appointing member body would be filled for the unexpired term by a replacement appointment by the appointing member agency.

Background/ Discussion:

The parties to the Joint Powers Agreement are the County of San Benito, the City of Hollister, and the City of San Juan Bautista (collectively “Member Entities”). The Member Entities entered into the Joint Powers Agreement on December 31, 1973, and the agreement was subsequently amended on several occasions with the most recent Amendment and Restatement occurring on September 8, 2014.

During the March Board retreat and facilitated discussion, challenges facing SBCOG were discussed.

These challenges included acknowledgment that there is high turnover on the Board of Directors.

Moreover, the Board of Directors acknowledged that there is a significant learning curve with respect to learning and understanding the roles and responsibilities of SBCOG in project planning and development and understanding transportation policy within California, including the time it takes to plan and deliver projects.

These challenges are further magnified with annual turnover in membership of the SBCOG Board of Directors making it difficult for SBCOG Directors to maintain a consistent understanding of ongoing projects, State and Federal transportation policies/directives, and project funding programs and opportunities. Additionally, project related agreements and programs are long-term obligations that benefit from having a Board of Directors with long-term knowledge and project familiarity which are essential to policy and decision-making concerning transportation planning, transportation services and infrastructure improvement projects.

Attachments:

1. DRAFT FIRST AMENDMENT TO AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR

THE COUNCIL OF SAN BENITO COUNTY GOVERNMENTS

2. Resolution 2024-09
1 FIRST AMENDMENT TO

AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR

THE COUNCIL OF SAN BENITO COUNTY GOVERNMENTS
This First Amendment to Amended Joint Exercise of Powers Agreement (“Amendment”) is effective _________ , 2024 (“Effective Date”), and is entered into by and between the County of San Benito, the City of Hollister and the City of San Juan Bautista (hereinafter collectively referred to as “Member Entities”).

RECITALS
WHEREAS, the Member Entities entered into Joint Powers Agreement on December 31, 1973; and
WHEREAS, the Member Entities amended the Agreement on May 6, 1974; and WHEREAS, the Member Entities further amended the Agreement on July 26, 2005; and WHEREAS, the Member Entities further amended the Agreement on September 8, 2014 (the “Agreement”); and
WHEREAS, the parties now desire to amend the Agreement as it relates Governing Board member term of office.

NOW, THEREFORE, in consideration of the mutual promises set out herein, the parties agree as follows:

1. Article 3.2.3, of the Agreement is hereby amended in its entirety to read as follows:
“3.2.3 Except for the term of office of the initial directors and alternates which shall expire June 30, 1975, the term of office of each director and alternate on the Board of Directors as of the effective date of this Amendment shall be four years until the appointment and qualification of a successor. Any vacancy that is created as a result of removal for cause or resignation from the appointing member body shall be filled for the unexpired term by appointment by the appointing body whose office has become vacant. Replacement directors shall serve until the scheduled expiration of the four-year term of the Board member that they replace.”

2. Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed and attested by their proper, duly authorized officers on the day and year set opposite the name of each of the parties.
[SIGNATURES ON NEXT PAGE]
Attachment 1
2 COUNTY OF SAN BENITO

STATE OF CALIFORNIA
By:
[Name]
Chair of the Board of Supervisors
ATTEST:
____________________________________
[NAME]
APPROVED AS TO FORM:
____________________________________

CITY OF HOLLISTER
By:
[Name]
ATTEST:
____________________________________
[NAME]
APPROVED AS TO FORM:
____________________________________
3 CITY OF SAN JUAN BAUTISTA
By:
[Name]
ATTEST:
____________________________________
[NAME]
APPROVED AS TO FORM:
____________________________________
1 FIRST AMENDMENT TO

AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR

NOW, THEREFORE, in consideration of the mutual promises set out herein, the parties agree as follows:

2. Except as expressly amended herein, all terms and conditions of the Agreement shall remain in full force and effect.

STATE OF CALIFORNIA
By:
[Name]
Chair of the Board of Supervisors
ATTEST:
____________________________________
[NAME]
APPROVED AS TO FORM:
____________________________________

CITY OF HOLLISTER
By:
[Name]

ATTEST:
____________________________________
[NAME]
APPROVED AS TO FORM:
____________________________________
3 CITY OF SAN JUAN BAUTISTA
By:
[Name]

ATTEST:
____________________________________
[NAME]
APPROVED AS TO FORM:
____________________________________
4 Item: 9.C
City Council Meeting
Date: November 19, 2024
Page | 1

CITY OF SAN JUAN BAUTISTA

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 19, 2024
DEPARTMENT: CITY MANAGER
FROM: DON REYNOLDS
BY: DON REYNOLDS
TITLE: HISTORIC PRESERVATION SERVICES WITH RINCON
CONSULTANTS, INC.

RECOMMENDED MOTION:

Authorize the City Manager to execute a professional services agreement with Rincon Consulting Services for historic preservation purposes.

EXECUTIVE SUMMARY:

In October 2022, the City entered into a professional services agreement for historic preservation services with historian Meg Clovis from Pacific Grove, with a retainer of $50,000. Since then, every property listed in the 2006 Historical Inventory was updated when an owner wanted to change or otherwise improve the property. When appropriate Ms. Clovis would bring properties forward to the HRB for consideration describing the property’s relevance to the City’s “Historical Context.” Ms. Clovis also advised on the status of the City’s Historic Ordinance provided in Chapter 11-06 of the Municipal Code. But during the week of October 28, 2024, she announced her retirement, and at the end of November plans to end her work with the City. Staff researched various other historical preservation consulting firms including those listed on the State’s Historic Preservation Office list of historical experts, and settled on Rincon Consultants, Inc. as two of the four professional recommended to serve the City are on this list. To avoid a gap in services and to help on-board the new preservation team, staff is seeking Council approval to contract with Rincon Consultant, Inc. before Ms. Clovis retires.

DISCUSSION
The City requires a full-service consulting team to adequately address its historic preservation needs. While Ms. Clovis was here, the City identified the need to update its historical context statement, and its Preservation Ordinance. This work still needs to be done. An outreach program to property owners is also badly needed. Many new owners don’t seem to realize that heave invested in historically sensitive properties. This firm also provides training for staff and Page | 2
Historic Resources Board members. A retainer would provide on-call services that will help the City support current planning applications.

Here is the comprehensive list of services that will be made available to the City if needed. • Literature Reviews/Records Searches/Archival Research • Native American Consultation
• Cultural Resource Surveys
• California Register of Historical Resources (CRHR) and National Register of Historic Places (NRHP) Eligibility Evaluations
• Archaeological Site Testing
• Historic Built Environment Resource Evaluation
• Traditional Cultural Property (TCP) Evaluation
• Archaeological Data Recovery Programs
• Native American Monitor Training Programs
• Section 106 Consultation
• Memoranda of Agreement (MOA)
• Findings of Effects
• State Historic Preservation Officer (SHPO) Consultation • Historic Preservation Plans
• Cultural Resources Management Plans
• Third Party Peer Review
• Construction Monitoring
• Paleontological Resources Analysis
• Maritime Archaeology
• Preservation Planning
The new Associate Planner will help manage this contract.

FISCAL IMPACT:

The City budgeted $50,000 this year for historical preservation purposes in its community development department budget.

ATTACHMENTS:

Rincon Consultants Inc. Proposal

Rincon Consultants, Inc.
4825 J Street, Suite 200
Sacramento, CA 95819
www.rinconconsultants.com
November 5, 2024
Don Reynolds, City Manager
San Juan Bautista
P.O. Box 1420
311 Second Street
San Juan Bautista CA 95045
Subject: Proposal to Provide Historic Preservation On-Call Support Dear Mr. Reynolds:

Rincon Consultants, Inc. (Rincon) has assembled a team of preservation planning professionals who are ready to dive in and support the City of San Juan Bautista’s (City) preservation needs. This proposal includes an overview of Rincon and our cultural resources team, our key personnel, scope of work, and cost proposal with billing rates.

Rincon’s Team Offers the City the Following Benefits
Technical Assistance
Our key staff include 9 historic preservation professionals who meet or exceed the Secretary of the Interior’s (SOI) Professional Qualifications Standards (PQS) in history and architectural history and who are ready to step in and help guide the City’s preservation planning needs. In addition to the key staff identified, Rincon provides access to an additional 40+ archaeologists and 300+ experts in a range of environmental and planning disciplines statewide.

Full-Service Planning Firm
Our cultural team, working within a multidisciplinary firm, brings a deep understanding of the planning process which puts the City at a unique advantage. If desired, Rincon can provide the full suite of planning professionals including general/long-range planners, environmental planners, biologists, air quality/noise specialists, soil and environmental scientists, geographic information system staff, technical editors, and document publication specialists. We have supported many individual local agencies throughout the state to provide environmental and planning services.

Passionate Professionals
Our key team members are leaders and actively involved in various historic resources organizations including the California Preservation Foundation, Society of Architectural Historians, Society of Preservation Technology, Society for American Archaeology, Society for California Archaeology, Association of Environmental Professionals, and many more. They are active proponents of our shared cultural history and enjoy thoughtfully balancing this with preservation policy and planning.

Thank you for considering Rincon for this assignment. We are eager to support the City’s preservation planning program.

Sincerely,
Rincon Consultants, Inc.

Margo Nayyar | Principal
[email protected]
Table of Contents
Rincon Consultants, Inc. i
Table of Contents
1 Company Information .........................................................................................................................................1 About Rincon .......................................................................................................................................................1 About Our Cultural Resources Team..................................................................................................................1 About Our Clients ................................................................................................................................................3 2 Key Personnel .....................................................................................................................................................4 Margo Nayyar | Principal-In-Charge...................................................................................................................4 Shannon Carmack | Principal Architectural Historian......................................................................................4 Steven Treffers | Principal Architectural Historian ...........................................................................................4 JulieAnn Murphy | Senior Architectural Historian .............................................................................................5 Rachel Perzel | Senior Architectural Historian..................................................................................................5 James Williams| Architectural Historian ...........................................................................................................5 Michelle Anderson | Architectural Historian .....................................................................................................6 Ashley Losco | Architectural Historian...............................................................................................................6 Josh Bevan, AICP | Architectural Historian........................................................................................................6 3 Scope of Work .....................................................................................................................................................7 4 Cost Proposal and Billing Rates .........................................................................................................................8 City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 1 1 Company Information
About Rincon
Rincon Consulting, Inc. (Rincon) is a multidisciplinary environmental science, planning, and engineering consulting firm that provides quality professional services to government and industry. Our principle service is to provide environmental support and scientific research to create and sustain innovative solutions to natural resource, sustainability, and environmental impacts. Rincon prides itself on the considerable depth of its staff, which includes cultural and historical resource specialists, certified land use and environmental planners, environmental scientists and engineers, accredited LEED professionals, noise and air quality experts, geologists, biologists, and paleontologists.

Rincon’s corporate culture focuses on providing consulting services in a manner that is beneficial to both the environment and our client’s needs. We perceive ourselves as an extension of our client’s team and function with their best interests in mind. By managing each project with a focus on three primary objectives—economic efficiency, technical excellence, and sustainable approach — we can provide superior service that efficiently and effectively meets the needs of our clients.

Rincon provides high quality cultural resources services to the private and public sector. Supporting preservation planning projects is a core service area of Rincon’s. Further information on our team is highlighted below.

About Our Cultural Resources Team
Our team includes historians, architectural historians, and archaeologists who meet or exceed the Secretary of the Interior’s Professional Qualification Standards (SOI PQS) and have worked in contract planning roles. Our team of experts continuously refine their skills, stay current on legislative updates, and coordinate to apply best practices. We pride ourselves on our strong writing and analytical skills, as well as on our ability to communicate complex issues to the public and decision-makers. Our
experts understand legal issues, best practices, and
special considerations to develop innovative, appropriate, and defensible solutions.

Historians/Architectural Historians
Our historians and architectural historians are skilled at identification and evaluation studies in which we survey, research, and evaluate/nominate a range of resourcestypes including buildings, railroads, roadways, bridges, parks, cemeteries, water conveyance features, water
treatment plants, historic districts, cultural landscapes, sites, and objects for inclusion in the California Register and National Register. We complete design review to
determine if projects comply with the SOI Standards for the Treatment of Historic Properties and provide guidance on revising plans for compliance to limit impacts. We analyze impacts to historical resources and develop mitigation
measures including interpretive signage, pamphlets,
vibratory monitoring, architectural monitoring, and
HABS/HAER/HALS documentation, to name a few.

Furthermore, we commonly engage with the community to
identify historical resources.

Legal Name:

Rincon Consultants, Inc.

Legal Form:

California “S” Corporation
Professional Staff: 350+
California Offices: 13
Contract Manager:

Margo Nayyar
(916) 282-3694
City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 2 We have a strong relationship with California State Historic Preservation Office staff, maintained through coordination on projects with complex resource issues, where we can work together to move projects forward.

In addition to our strong environmental compliance acumen, we commonly provide preservation planning services as outlined below.

Preservation Planning Services
• Mills Act program administrative assistance
• SOIS design review/Certificates of
Appropriateness
• Peer review
• Local register evaluations
• Local landmark designations
• Agency staffing
• Historic context/evaluation methodology
development
• Training
• Grant writing services
• Historic resources surveys
• Public outreach/engagement, public workshops,
and outreach materials
• Ordinance development and updates
• Historic tax credit applications
• Environmental document sections
• CEQA and Section 106 compliance reports
• Agency consultation
• Agreement documents
• Maintenance plans
• MMRP development and implementation
• Monitoring
• Oral history interviews
• Interpretive products
• General, specific, and area plans
• Design guidelines
Archaeologists
Should the need arise, our archaeology team is available to support the City. Our archaeologists are skilled at all phases of archaeological investigations including Phase I
identification surveys, Extended Phase I presence/absence excavations, Phase II testing and evaluation studies, Phase III data recovery, and construction monitoring. Our team includes archaeologists specializing in both prehistoric and historic-period archaeology, with specialties in material cultural analysis, lithics, osteology, ethnography,
anthropology, historical ecology, marine archaeology, tribal consultation, and advanced technologies such as ground
penetrating radar, drone mapping, and photography.

Rincon provides peer review, sensitivity training, and has managed minor and complex resource issues across
California. Our staff is highly skilled in tribal consultation with professional relationships with tribes throughout
California, and we can help the City through the Section 106, Assembly Bill 52, and Senate Bill 18 consultation processes, if needed during the course of this contract.

Value Added: Tribal Liaison Program
Rincon’s Tribal Liaison Program was
developed to enhance relationships with
California tribal governments, individuals, and
Tribal Historic Preservation Officers. We have
found that by prioritizing these relationships,
we have increased successful outcomes for
our client’s projects. Rincon strives to be an
industry leader for our clients, and we have
invested in our staff by providing access to
Environmental Collaboration and Conflict
Resolution Training provided by the Udall
Foundation.

City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 3 About Our Clients
Rincon has numerous satisfied public agency clients who rely on us for our expertise. A partial list of such clients with whom we are contracted for on-call historic preservation, environmental, and contract planning services is located below.

San Mateo County Parks
Department
Midpeninsula Regional Open
Space District
County of Santa Clara
Department of Parks and
Recreation
East Bay Regional Parks
City of Antioch
City of Elk Grove
City of Gilroy
City of Berkeley
City of Palo Alto
City of Redwood City
Community Development
Department
City of San José
City of Gilroy
City of Hercules
City of Cupertino
City of San Mateo
Santa Clara County – Roads
and Airports Department
Santa Clara County – Housing
Authority
Napa County Public Works
Department
Sonoma County
Contra Costa County
City of Concord
City of Monterey
City of San Francisco
Planning Department
San Francisco Mayor’s
Office of Housing and
Community Development
City of Vallejo
City of San Leandro
City of Oakland
City of Hayward
City of Santa Cruz
City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 4 2 Key Personnel
Rincon’s team is led by Principal-in-Charge Margo Nayyar, who has led preservation planning contracts that have included site visits, local register evaluations, Historic Resources Commission support, CEQA and Section 106 of the NHPA environmental review; Secretary of the Interior’s Treatment of Historic Properties design review, public outreach, preservation ordinance updates, general preservation planning support, and more. She will serve as contract manager, and is supported by 8 professionals available to the City. Below are brief biographical sketches for personnel along with availability.

Margo Nayyar | Principal-In-Charge
Margo is a principal architectural historian with experience thoughout California. Her experience includes built environment surveys, evaluation of historic-era resources using guidelines outlined in the National Register, California Register, and various local registers, and preparation of cultural resources technical studies pursuant to the CEQA and Section 106 including identification studies, finding of effect documents, memorandum of agreements, programmatic agreements, and Historic American Building Survey/Historic American Engineering Record/Historic American Landscape Survey (HABS/HAER/HALS) mitigation documentation. She prepares cultural resources environmental document sections for CEQA environmental documents including infill checklists, initial studies, and environmental impact reports, as well as NEPA environmental documents including environmental impact statements and environmental assessments. She also specializes in municipal preservation planning, historic preservation ordinance updates, Native American consultation, and provision of Certified Local Government training. She develops Survey 123 and Esri Collector applications for large-scale historic resources surveys, and authors National Register nomination packets. Margo meets the SOI PQS for History and Architectural History and has provided historic preservation support to agencies across California.

Shannon Carmack | Principal Architectural Historian
Shannon has more than 24 years of professional experience providing cultural resources management and historic preservation planning for large-scale and highprofile projects. She has worked throughout California in numerous sectors including local planning, development/construction, public utilities, Department of Defense, transportation, recreation, and education. Shannon prepares documentation to satisfy CEQA/NEPA, Section 106, and Local Historic Preservation Ordinances. She also provides reports and studies that are in compliance with the SOI Standards for the Treatment of Historic Properties and the California Historic Building Code. She has developed and implemented successful mitigation for countless projects that included HABS documentation, oral histories, and interpretive programs.

Steven Treffers | Principal Architectural Historian
Steven is a Director and principal architectural historian with 14 years of experience.

He has a wide range of experience with projects requiring historic resources compliance with Section 106, CEQA, and local ordinances. He has worked on behalf of both project applicants and local agencies and understands the important role thorough and independent determinations play in the decision-making process.

Steven also understands the importance of placing a property within its appropriate historic context as part of the evaluation process. This ensures all potential significant historical and architectural considerations are considered when making a determination on a property’s eligibility. In addition, Steven works closely with design teams on projects involving alterations to historic resources to ensure City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 5 compliance with SOI Standards and applicable design guidelines. As a result, he has extensive experience identifying character-defining features, reviewing architectural drawings, and collaborating with local governments, interested parties, architects, and engineers to meet project objectives, while retaining those elements that convey the reason for a historic resource’s significance. Steven maintains close relationships with California Office of Historic Preservation staff to help move projects forward.

JulieAnn Murphy | Senior Architectural Historian
JulieAnn is an architectural historian with 10 years of professional experience who has experience conducting historic resource surveys, performing archival research, and reviewing projects for conformance with SOI standards. Her professional experience includes the preparation of National Register nominations, historic structures reports, and impacts assessments in support of NEPA, Section 106, CEQA, and local ordinances. JulieAnn has conducted historic assessments of character-defining features and standards compliance for dozens of projects, including historic districts and large multi-parcel properties. JulieAnn also has demonstrated experience researching, assessing, and evaluating the integrity of historic resources. She is well versed with the National Register Bulletin technical series, which covers various aspects of historic preservation. She currently provides part-time historic preservation staffing support to the City of Berkeley.

Rachel Perzel | Senior Architectural Historian
Rachel is an architectural historian with 10 years of experience working in the field of historic preservation. She specializes in conducting historic resource surveys and performing evaluations for National Register, California Register, and local register eligibility. Her professional experience includes the preparation of National Register, Section 106 and California Point of Historical Interest nominations, making her intimately familiar with the eligibility criteria associated with these registers. In support of NEPA, Section 106, CEQA, and local ordinances, Rachel has evaluated dozens of buildings throughout the state. In doing so, she has demonstrated experience researching, assessing, and evaluating the significance and integrity of historic resources and identifying their character-defining features.

James Williams| Architectural Historian
James has 7 years of professional experience and meets the SOI PQS for Architectural History and History. His professional experience includes the preparation of historic resource assessments in support of NEPA, Section 106, CEQA, and local historic preservation regulations. He has conducted historic surveys and archival research, carried out Native American and local interested party consultation, and recorded and evaluated historic properties on Department of Parks and Recreation (DPR) 523 forms. He has also assisted in the preparation of several HAER-like documentation packages as part of mitigation measures on behalf of various municipal agencies. He currently provides part-time historic preservation staffing support to the City of Santa Ana.

City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 6 Michelle Anderson | Architectural Historian
With a professional background in the public and private sectors, Michelle possesses a diverse skill set for historic preservation, planning, and cultural resources management. Through her academics and work experience, Michelle meets and exceeds the SOI PQS in History and Architectural History. She has authored and contributed to historic resource studies, regulatory compliance reports, planning documents, and training materials for municipal, state, and federal clients in California, Nevada, Arizona, Idaho, Montana, Alaska, and New York.

Her technical expertise is well suited for project and task management, archival research, field recordation, historic context preparation, built environment evaluations, and public outreach. She currently provides part-time historic preservation staffing support to the City of Elk Grove.

Ashley Losco | Architectural Historian
Ashley is an architectural historian with over four years of experience working in the field of historic preservation. She has experience in areas such as Federal Tax Credit projects, evaluating historic properties for local, state, and national significance; field surveys, HABS documentation, Mills Act Applications, and local designations.

She received her master’s degree in Historic Preservation from the University of Pennsylvania in 2019 and has worked in consulting since graduation. Ashley meets and exceeds the requirements in the Secretary of the Interior’s Professional Qualification Standards in Architectural History and History.

Josh Bevan, AICP | Architectural Historian
Josh Bevan is an architectural historian with over 7 years of experience throughout California, including extensive consultation for clients in communities across the San Francisco Bay Area and North Bay regions. Josh’s professional experience includes contribution to multiple on-call services contracts for cultural resources and historic preservation consultation as an architectural historian and project manager, as well as completion of historical resource evaluations, including criteria of the National Register, California Register, and local or regional registers. Josh has additional experience in the application of SOI Standards to project analyses for properties throughout California. Additionally, Josh has led the development of mitigation documentation efforts related to parks projects for multiple parks agencies. Josh holds a master’s degree in Historic Preservation from the University of Pennsylvania and exceeds the requirements in the SOI PQS for Architectural History and History. He is also a member of the American Institute of Certified Planners.

City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 7 3 Scope of Work
Rincon will provide historic preservation planning staff augmentation services on a time and materials basis. The preservation planner(s) will primarily support remotely with the ability to conduct in-person visits if required. The intent of the support is to help identify, guide, and communicate preservation policy and efforts for the City and community. Duties of the contract planner may include:
• Review of preservation policies to develop a list of priority projects • Grant writing services
• Applying the Secretary of the Interior’s Standards analysis to historic properties and conduct design review • Peer review
• Local register evaluations and preparing Department of Parks and Recreation (DPR) 523 forms • Training provision
• Providing Historic Resources Board support including preparation of staff reports, resolutions and exhibits • Answering phone/email inquiries regarding the City’s preservation program • Regular coordination with City staff, as needed
Special projects requiring a separate scope of work and purchase order include, but are not limited to:
• Preservation ordinance updates
• Historic Context Statement and Inventory updates
• Providing California Environmental Quality Act and Section 106 of the NHPA environmental review The above scope of work is fully negotiable to meet the City’s needs.

City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 8 4 Cost Proposal and Billing Rates
Rincon will provide historic preservation planning staff augmentation services on a time and materials basis for a do-not-exceed amount of $50,000. Hours would be billed only as work is performed based on specific requests, and a summary of tasks performed each month would be provided with monthly invoices or as requested.

Additional resources can be requested by the City at any time and special projects will require a separate scope of work and purchase order. Rincon’s rate sheet covering the next three years is provided on the next page.

City of San Juan Bautista
Proposal to Provide Historic Preservation On-Call Support 9

San Juan Bautista City CouncilNovember 19, 2024

San Juan Bautista City Council
November 19, 2024