ATTACHMENTS:
1. Resolution
2. Professional Services Agreement with Robert D. Niehaus, Inc.
Item No.: 6.E___
City Council Meeting
August 18, 2026
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RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AWARDING A PROFESSIONAL SERVICES AGREEMENT TO ROBERT D.
NIEHAUS, INC. FOR PREPARATION OF A COMPREHENSIVE SEWER RATE STUDY
WHEREAS, on February 17, 2026, the City Council authorized the issuance of a Request for Proposals ("RFP") for the preparation of a Comprehensive Sewer Rate Study and approved the form of Professional Services Agreement; and WHEREAS, the City issued the Request for Proposals for preparation of a Comprehensive Sewer Rate Study, and by the proposal deadline received two responsive proposals from Raftelis and Robert D. Niehaus, Inc. ("RDN"); and WHEREAS, the proposals were independently evaluated by a three-member evaluation group consisting of the City Manager and two outside municipal finance professionals with expertise in utility finance, enterprise fund management, accounting, and public-sector financial analysis; and
WHEREAS, each evaluator independently reviewed the proposals, fee proposals, and written responses to the City's clarification questions using the evaluation criteria established in the Request for Proposals, using the evaluation criteria established in the Request for Proposals, including the firm's understanding of the scope of work, relevant experience, technical competence, public meeting and public engagement skills, references, responsiveness, and other relevant factors; and
WHEREAS, to ensure a fair and consistent evaluation process, both proposers were provided the same written clarification questions regarding regional wastewater treatment costs, customer classifications, commercial and industrial users, staff workload, and comparable project experience; and
WHEREAS, the evaluation determined that both firms were highly qualified and capable of successfully completing the requested Sewer Rate Study, with each proposal demonstrating distinct strengths; and
WHEREAS, after considering the independent evaluations, technical qualifications, project approach, responsiveness, contractual terms, cost certainty, and overall value to the City, staff determined that RDN. submitted the proposal that best meets the City's needs and provides the best overall value consistent with the evaluation criteria established in the Request for Proposals; and
WHEREAS, RDN. proposed to complete the Sewer Rate Study for a firm-fixed fee of Twenty-Eight Thousand Three Hundred Twenty Dollars ($28,320) and has confirmed that its proposed scope of work, fee, project team, and schedule remain available to the City; and Item No.: 6.E___
City Council Meeting
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WHEREAS, approval of this Agreement is exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15378(b)(5), because it constitutes an organizational and administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista as follows:
SECTION 1.
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2.
The City Council hereby awards a Professional Services Agreement to RDN. to prepare the City's Comprehensive Sewer Rate Study for a firm-fixed amount not to exceed $28,320 and authorizes the expenditure of funds from the Sewer Enterprise Fund for that purpose.
SECTION 3.
The City Manager is authorized to execute the Professional Services Agreement, subject to approval as to form by the City Attorney.
SECTION 4.
The City Manager is authorized to administer the Agreement and approve amendments that do not materially alter the scope of services or increase the total compensation beyond the City Manager's delegated contracting authority. Any amendment that exceeds the City Manager's delegated authority shall be presented to the City Council for approval.
SECTION 5.
This Resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 18th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________
Leslie Q. Jordan, Mayor
Item No.: 6.E___
City Council Meeting
August 18, 2026
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ATTEST:
______________________
Elizabeth Soto, City Clerk
PROFESSIONAL SERVICES AGREEMENT
(GENERAL CONSULTING)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into as of August 18, 2026 (“Effective Date”), by and between the City of San Juan Bautista, a California general law city (“City”), and Robert D. Niehaus, Inc. (RDN) (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
A. The City desires to retain a qualified professional consultant to provide general consulting and advisory services, including but not limited to accounting, financial reporting, and audit support.
B. Consultant represents that it is duly qualified, licensed where required, and experienced in providing such professional consulting services to California public agencies.
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
1. SCOPE OF SERVICES
1.1 Services. Consultant shall provide professional consulting services as described in Exhibit A (Scope of Services), incorporated herein by reference.
1.2 Standard of Care. Consultant shall perform all services in a manner consistent with the professional standard of care ordinarily exercised by members of the same profession currently practicing under similar conditions in the State of California.
1.3 Independent Judgment. Consultant shall make an independent evaluation of all relevant conditions affecting the performance of the services.
2. TERM
2.1 Term. The term of this Agreement shall commence on the Effective Date and shall continue through August 18, 2027, unless earlier terminated as provided herein.
2.2 Extensions. The City may extend this Agreement for up to three (3) additional one-year terms by written amendment, subject to City Council approval.
3. COMPENSATION
3.1 Not-to-Exceed Amount. Total compensation under this Agreement shall not exceed $28,320 without prior written authorization by the City.
3.2 Payment. Consultant shall submit invoices in a form acceptable to the City. Payment of undisputed amounts shall be made within approximately thirty (30) days of receipt.
3.3 Additional Services. Services outside the Scope of Services shall require prior written approval by the City and may be compensated pursuant to Exhibit B.
3.4 Records Retention and Audit. Consultant shall maintain complete and accurate records related to services performed under this Agreement for a minimum of four (4) years and shall make such records available to the City upon reasonable notice.
4. TERMINATION
4.1 For Convenience. The City may terminate this Agreement at any time for its convenience upon thirty (30) days’ written notice.
4.2 For Cause. Either Party may terminate this Agreement for material breach upon ten (10) days’ written notice and opportunity to cure.
5. CITY REPRESENTATIVE AND CONSULTANT CONTACT
5.1 City Representative. The City Manager or designee shall administer this Agreement.
5.2 Consultant Representative. Consultant shall designate a primary contact responsible for the coordination of services.
5.3 Key Personnel. Consultant represents that the individuals identified as key personnel shall perform the services under this Agreement. Substitution of key personnel shall require prior written approval by the City.
6. SUBCONSULTANTS
Consultant shall not use subconsultants without prior written approval of the City. Consultant shall remain fully responsible for the performance of all approved subconsultants.
7. CONFIDENTIALITY
Consultant shall maintain the confidentiality of all City information not generally available to the public and shall not disclose such information without the City’s prior written consent, except as required by law.
7A. PUBLIC RECORDS
Consultant acknowledges that this Agreement and all records related to its performance are subject to disclosure under the California Public Records Act (Government Code Section 6250 et seq.), except as provided by law.
8. OWNERSHIP OF WORK PRODUCT
All work product prepared under this Agreement, including reports, memoranda, financial models, analyses, and training materials, shall be the property of the City. Consultant may retain copies for recordkeeping purposes.
9. CONFLICT OF INTEREST
Consultant shall comply with all applicable conflict-of-interest laws, including the Political Reform Act, and shall avoid any actual or perceived conflicts of interest. 9A. INDEPENDENT AUDITOR RESTRICTION
Consultant shall not serve as the City’s independent auditor during the term of this Agreement or for any fiscal year in which Consultant provides services under this Agreement.
10. INDEMNIFICATION
Consultant shall indemnify and hold harmless the City, its officers, officials, employees, and agents, to the fullest extent permitted by law, from claims arising out of Consultant’s negligent acts, errors, or omissions.
11. INSURANCE
Consultant shall maintain insurance in accordance with Exhibit C (Insurance Requirements) for the duration of this Agreement.
12. INDEPENDENT CONTRACTOR
Consultant is and shall remain an independent contractor and not an employee of the City.
13. COMPLIANCE WITH LAWS
Consultant shall comply with all applicable federal, state, and local laws and regulations.
14. NOTICES
Notices shall be given in writing to the following addresses:
City:
Ashley Collick, City Manager
City of San Juan Bautista
311 Second Street
San Juan Bautista, CA 95045
Consultant:
Jack Lyon, Director of Business Development
Robert D. Niehaus, Inc.
140 East Carrillo Street
Santa Barbara, CA 93101
15. MISCELLANEOUS
15.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue for any action shall lie in San Benito County, California.
15.2 Assignment. Consultant shall not assign or transfer this Agreement without the prior written consent of the City.
15.3 Non-Exclusivity. Nothing in this Agreement shall be construed as exclusive. The City may obtain similar services from other consultants.
15.4 Electronic Signatures. Signatures transmitted electronically or by PDF shall be deemed original.
15.5 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and may be amended only in writing signed by both Parties.
SIGNATURES
CITY OF SAN JUAN BAUTISTA CONSULTANT
By: ___________________________ By: ___________________________ Name: Ashley Collick, City Manager Name: Jack Lyon, Director of Business Development
Date: _________________________ Date: _________________________ EXHIBIT A – SCOPE OF SERVICES
The Scope of Services shall include, but is not limited to, the following tasks:
1. Review Background Information
Review relevant information, including but not limited to:
o Regulatory and contractual requirements
o Operational and capital improvement needs
o Historical revenues, usage, expenses, reserve policies, billing and collection procedures, rates and charges, and customer information o Adopted Wastewater Master Plan
o Projected revenues, usage, expenses, reserve policies, billing and collection procedures, rates and charges, and customer information o Debt service schedules
o Other pertinent data as necessary
2. Financial and Rate Modeling
Prepare a financial model projecting expenses, revenue requirements, and rate impacts over a minimum ten-year planning horizon, with proposed rate adjustments for an initial five-year implementation period beginning FY 2026/27. The Consultant shall rely on adopted planning documents, including the Wastewater Master Plan, for capital improvement assumptions and shall not be responsible for updating engineering analyses, cost estimates, or system models.
3. Rate Model Deliverables
Provide the rate model in Microsoft Excel format. The model shall be fully documented so City staff can understand the structure, assumptions, formulas, and sensitivity of rate variables. The model shall remain the property of the City.
4. Cost and Revenue Considerations
Rate calculations shall consider, at a minimum:
o Staffing needs required to effectively operate the utility o Capital improvements identified in adopted planning documents o Increased costs resulting from new or evolving wastewater regulations
5. Inflationary Adjustments
Propose a methodology for annual inflationary rate adjustments in compliance with Proposition 218.
6. Reserve Analysis
Analyze existing reserves and fund balances and recommend appropriate reserve levels for operations, rate stabilization, and capital needs.
7. Customer Class Review
Review existing user classifications and provide justification for any recommended new or modified customer classes.
8. Billing System Compatibility
Ensure proposed rate structures are clear, administratively feasible, and compatible with the City’s existing utility billing system (Muni billing software).
9. Debt Covenant Review
Evaluate the utility’s ability to comply with applicable rate covenant requirements contained in financing agreements.
10. Meetings and Coordination
Attend meetings and conference calls with City staff as necessary. Meetings may be conducted virtually unless in-person attendance is requested by the City.
11. City Council Presentations
Present study results to the City Council in person. The City Council meets once per month on the third Tuesday at 6:00 p.m. Additional meetings, workshops, or study sessions may be scheduled as needed and coordinated with City staff.
12. Reports and Deliverables
Prepare the following deliverables:
o Preliminary draft report for staff review
o Administrative draft report for City Council consideration o Final report incorporating City Council and staff feedback Reports shall include:
o Physical description of the wastewater system
o Service area and population characteristics
o Summary of financial operations for the prior three years o Summary of capital improvement needs over a ten-year period based on adopted planning documents
o Comprehensive revenue and expense model
o Rate structure alternatives
o Local and statewide rate comparisons, as appropriate
13. Proposition 218 Support
Provide guidance and support to ensure compliance with the Proposition 218 process, including preparation of required notices. The Consultant shall present at the Proposition 218 public hearing, which is anticipated to occur at a regularly scheduled City Council meeting.
EXHIBIT B – COMPENSATION
The City shall compensate Consultant for satisfactory performance of the services described in Exhibit A – Scope of Services for a firm-fixed amount not to exceed Twenty-Eight Thousand Three Hundred Twenty Dollars ($28,320.00).
The fixed fee includes all labor, supervision, project management, overhead, travel, materials, administrative expenses, meetings, presentations, and all other costs necessary to complete the services described in Exhibit A, unless otherwise authorized in writing by the City.
Payment Schedule
Compensation shall be based upon completion of the following project tasks:
EXHIBIT C – INSURANCE REQUIREMENTS
Insurance coverage for the services provided under this Agreement shall include the following:
• Commercial General Liability and Property Damage Insurance, including Automobile Liability Insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.
• Professional Liability Insurance (Errors and Omissions) with limits of not less than One Million Dollars ($1,000,000) per claim.
The selected Consultant shall provide, within ten (10) days of issuance of the Notice of Award, certificates of insurance evidencing the required coverages, naming the City of San Juan Bautista, its officers, officials, employees, and agents as additional insureds on the General Liability and Automobile Liability policies, and providing confirmation of Workers’ Compensation coverage as required by law.
All required insurance shall be maintained in full force and effect for the duration of the Agreement and shall be issued by insurers acceptable to the City and in a form satisfactory to the City.
Item: .6.F
City Council Meeting
August 18, 2026
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: JOINT AGREEMENT WITH COMMUNITY MEDIA ACCESS
PARTNERSHIP (CMAP) FOR PUBLIC, EDUCATIONAL, AND
GOVERNMENT (PEG) MEDIA SERVICES
RECOMMENDED MOTION:
Approve a resolution authorizing the joint agreement between the Cities of Hollister, San Juan Bautista, and Community Media Access Partnership (CMAP) for Public, Educational, and Government (PEG) Media Services and authorize the City Manager to execute the agreement.
RECOMMENDATION:
Staff recommends that the City Council approve the proposed Agreement with Community Media Access Partnership (CMAP) for continued Public, Educational, and Government (PEG) media services.
The proposed agreement continues the City's core meeting broadcasting services while expanding opportunities for digital communications, livestreaming, public information programming, emergency communications, community engagement, and promotional media supporting downtown activation and tourism.
EXECUTIVE SUMMARY:
The City of San Juan Bautista has partnered with Community Media Access Partnership (CMAP) for many years to provide Public, Educational, and Government (PEG) media services, including broadcasting City Council and Planning Commission meetings and administering the City's PEG access programming.
Over the past several years, the City's use of CMAP's services has primarily focused on meeting broadcasting and basic PEG compliance. While those core services have continued, many of the additional services available through CMAP, including public information programming, community event coverage, educational programming, emergency communications, digital media support, and community engagement opportunities, were not fully utilized by the City.
During the same period, CMAP experienced organizational changes and changes to the regional consortium structure. Staff has since worked with CMAP to review the City's historical financial Page | 2
relationship, reconcile franchise fee and PEG funding, and evaluate CMAP's current operational capacity. That review confirmed that the City has generally funded CMAP consistent with the existing agreement and that CMAP has stabilized its operations and is prepared to expand the services available to participating agencies.
The proposed agreement provides an opportunity to strengthen the City's public communications program by expanding services beyond traditional meeting broadcasting. In addition to cable broadcasting, CMAP will continue livestreaming public meetings while expanding digital access through YouTube and other online platforms, assist with additional public meetings, produce public information and promotional content, support emergency communications, and provide additional multimedia services that align with the City's communication goals.
Staff recommends approval of the agreement as a cost-effective opportunity to modernize the City's communications program while continuing to meet the City's PEG obligations and advancing the Council's priorities for transparency, community engagement, downtown activation, tourism promotion, and economic development.
BACKGROUND:
Community Media Access Partnership (CMAP) has provided Public, Educational, and Government (PEG) media services to the City of San Juan Bautista since 2001. The City's current agreement with CMAP became effective January 1, 2021, and designates CMAP as the City's PEG access management organization responsible for administering PEG programming, operating community media services, broadcasting public meetings, maintaining media equipment, and supporting public access programming.
Under the current agreement, PEG funding collected pursuant to the Digital Infrastructure and Video Competition Act (DIVCA) is provided directly to CMAP by the cable provider, while the City provides a percentage of franchise fee revenues to support PEG operations. CMAP also maintains an equipment reserve to assist with future City Council Chamber video equipment needs.
Historically, the City's use of CMAP focused primarily on broadcasting City Council meetings and satisfying statutory PEG obligations. As communications technology evolved, the City increasingly relied upon social media, its website, and other digital communication platforms to communicate with residents. Opportunities to integrate CMAP's broader multimedia capabilities into the City's communications strategy were not fully explored.
As staff evaluated the City's communications strategy and future service needs, CMAP presented a proposed agreement that expands opportunities for digital communications, multimedia production, livestreaming, public information programming, and community engagement. Staff reviewed the proposed agreement to determine how these services could better support the City's operational and strategic objectives.
Item: .6.F
City Council Meeting
August 18, 2026
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DISCUSSION:
Staff Financial and Operational Review
Before bringing the proposed agreement forward, staff conducted a comprehensive review of the City's historical relationship with CMAP.
The review included:
• Historical franchise fee revenues;
• PEG funding history;
• CMAP payment history;
• CMAP invoices;
• Equipment reserve documentation;
• The proposed agreement; and
• CMAP's current service offerings.
Staff confirmed that the City has generally funded CMAP in accordance with the existing agreement and that CMAP continues to administer PEG funding and maintain the required equipment reserve consistent with the agreement. Staff also reviewed CMAP's proposed operational enhancements and additional service opportunities.
Modernizing the City's Public Communications
The proposed agreement provides the City with an opportunity to better utilize services already available through the partnership.
Historically, the City's use of CMAP centered on broadcasting City Council meetings. Going forward, staff intends to expand the City's use of CMAP by incorporating additional communication services that improve public access to government information and enhance community engagement.
These services include:
• Livestreaming public meetings through both cable television and online platforms, including YouTube;
• Archiving meetings for on-demand public viewing;
• Broadcasting additional public meetings as requested; • Producing public service announcements and informational programming; • Supporting emergency communications and public safety messaging; • Producing City updates and promotional programming;
• Providing coverage of community events and activities; • Supporting tourism promotion and downtown activation initiatives; • Expanding educational and community programming opportunities; and • Preserving the City's history through professional video archiving.
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These expanded services align closely with the City's communication objectives and provide residents with additional opportunities to engage with local government beyond traditional televised meetings.
Supporting the City's Strategic Priorities
The proposed agreement supports several of the City's adopted priorities by improving public access to government, increasing transparency, expanding digital communications, and providing additional tools to promote City initiatives.
Staff anticipates utilizing CMAP to support communications related to downtown activation, tourism promotion, community events, emergency preparedness, infrastructure projects, public education, and other City initiatives.
The agreement also positions the City to better communicate with residents through multiple platforms while preserving an accessible video archive of important public meetings and community events.
CEQA REQUIREMENT:
The proposed action involves approval of a professional services agreement for Public, Educational, and Government (PEG) media services and is not a project subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as it constitutes an organizational and administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
FISCAL IMPACT:
The agreement continues the existing funding structure for PEG media services. PEG grant funding will continue to be provided directly to CMAP pursuant to the Digital Infrastructure and Video Competition Act (DIVCA), while the City will continue providing the agreed-upon percentage of franchise fee revenues in accordance with the agreement. Additional multimedia production services beyond those included in the base agreement may be requested by the City at the adopted rate schedule when needed.
Approval of the agreement is not anticipated to require additional General Fund appropriations beyond those already contemplated under the existing PEG funding structure.
STRATEGIC PLAN ALIGNMENT
The proposed agreement supports several City Council Strategic Plan goals, including:
• Transparent & Responsive Government;
• Community Engagement;
• Economic Development & Tourism;
Item: .6.F
City Council Meeting
August 18, 2026
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• Downtown Activation;
• Organizational Excellence;
• Emergency Preparedness; and
• Operational Efficiency.
CONCLUSION
The proposed Agreement provides an opportunity to strengthen the City's longstanding partnership with Community Media Access Partnership while modernizing the City's public communications program.
Rather than utilizing CMAP solely for required meeting broadcasting, the proposed agreement positions CMAP as a strategic communications partner capable of supporting transparency, community engagement, emergency communications, public education, tourism promotion, downtown activation, and multimedia storytelling.
Following staff's review of the City's historical financial relationship with CMAP and evaluation of the proposed service enhancements, staff believes the agreement provides a cost-effective means of expanding public communication services while continuing to meet the City's Public, Educational, and Government (PEG) obligations.
Accordingly, staff recommends that the City Council approve the proposed Agreement with Community Media Access Partnership.
ATTACHMENTS
1. Resolution
2. Agreement
3. Exhibit A – CMAP Enhanced Government Services Rate Schedule.
4. CMAP Community Media Services Overview.
Item: .7.A
City Council Meeting
August 18, 2026
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RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
APPROVING A JOINT AGREEMENT BETWEEN THE CITIES OF HOLLISTER, SAN
JUAN BAUTISTA, AND COMMUNITY MEDIA ACCESS PARTNERSHIP (CMAP)
FOR PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) MEDIA SERVICES WHEREAS, the City of San Juan Bautista is committed to promoting open, transparent, and accessible government through effective communication with residents, businesses, visitors, and partner agencies; and
WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (DIVCA) authorizes local agencies to receive Public, Educational, and Government (PEG) access funding and designate an organization to administer PEG access services on behalf of participating jurisdictions; and
WHEREAS, Community Media Access Partnership (CMAP) has provided PEG media services to the City of San Juan Bautista for many years, including broadcasting public meetings, administering PEG programming, maintaining media infrastructure, and supporting community media activities; and
WHEREAS, the City has reviewed its historical financial relationship with CMAP, including franchise fee revenues, PEG funding, payment history, and the proposed agreement, and has determined that continuation of the partnership is in the best interest of the City; and WHEREAS, the proposed Agreement continues essential public meeting broadcasting services while expanding opportunities for digital communications, livestreaming, public information programming, emergency communications, community engagement, and multimedia services that support the City's operational and strategic objectives; and WHEREAS, the City Council finds that approval of the Agreement promotes government transparency, public participation, community engagement, and responsible stewardship of PEG resources while supporting the City's Strategic Plan priorities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista as follows:
SECTION 1.
The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2.
The City Council hereby approves the Agreement between the Cities of Hollister, San Juan Bautista, and Community Media Access Partnership (CMAP) for Public, Educational, and Government (PEG) Media Services, attached hereto as Exhibit A.
Item: .7.A
City Council Meeting
August 18, 2026
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SECTION 3.
The City Manager is authorized to execute the Agreement on behalf of the City and to approve minor, non-substantive revisions, subject to review and approval by the City Attorney, provided such revisions do not materially alter the intent of the Agreement.
SECTION 4.
The City Manager, or designee, is authorized to administer the Agreement and take all actions necessary to implement its provisions, including the review and approval of invoices, coordination of services, and administration of PEG-related activities consistent with the Agreement.
SECTION 5.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is held invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 6.
This Resolution shall become effective immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 18th day of August 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
CONTRACT BETWEEN THE CITIES OF HOLLISTER & SAN JUAN BAUTISTA AND
COMMUNITY MEDIA ACCESS PARTNERSHIP OF SOUTHERN SANTA CLARA AND
SAN BENITO COUNTIES
AGREEMENT
This Agreement is entered into by and between the Cities of Hollister and San Juan Bautista ("the Cities"), and Community Media Access Partnership of Southern Santa Clara and San Benito Counties ("CMAP"), a nonprofit corporation, and shall be effective retroactively as of January 1, 2026. The parties agree as follows:
RECITALS
1. Charter Communications, now operating as Spectrum ("Charter") has been granted a state franchise ("State Franchisee") to provide cable/video services in Hollister and San Juan Bautista pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") (hereinafter the Charter DIVCA franchise).
2. A.T.&T. has been granted a state franchise ("State Franchisee") to provide cable/video services in Hollister pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") (hereinafter the AT&T DIVCA franchise).
3. DIVCA provides that certain channel capacity shall be provided for public, educational, and government ("PEG") access.
4. DIVCA authorizes the Cities to receive certain grant payments from State Franchisees for PEG access purposes as defined by Section 5870(n) of DIVCA.
5. The Cities have each authorized the receipt of such PEG channels and payments via City of Hollister Code Chapter 5.21.070, and City of San Juan Bautista Code Chapter 5-20-1830.
6. A Settlement Agreement and Release between each of the Cities and Charter, enacted on or about June 11, 2010, provides that certain payments and in-kind services 1 shall be provided by Charter to support the operations of the PEG access facilities, equipment and channels.
7. The Cities have determined that they wish to designate CMAP as the access management organization to develop, manage, and administer the PEG access channels and to operate one or more community media centers.
8. CMAP has managed a community access center and managed certain PEG access channels since 2001.
9. CMAP has agreed to continue to serve the Cities by developing, programming, and administering the PEG channels, and operating one or more community media centers to support the services as described herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES. In exchange for the resources provided by the Cities to CMAP, pursuant to this Agreement, CMAP shall provide the following services:
A. OPERATE PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS CABLE CHANNEL(S). Operate the public, educational, and government access cable channel(s) in accordance with this Agreement and applicable state and federal law, with the primary purpose being to bring to the community programming and information not otherwise readily available in commercial and national media.
B. OPERATE A COMMUNITY MEDIA CENTER. Manage a community media production facility and equipment ("Community Media Center"), available for public use at such hours and times as are determined by CMAP. Access to equipment and facilities shall be open to all those who qualify within membership, training, and/or other requirements or standards deemed appropriate by CMAP to further the media access objectives of CMAP. The parties acknowledge that government meeting coverage is the primary operational priority under this Agreement; accordingly, full public access media center services shall be treated as contingent operations, to be expanded or restored, at the sole discretion of CMAP, as CMAP resources and systems allow.
C. PROVIDE NONDISCRIMINATORY ACCESS. Provide access to the equipment, facilities, channels, and services provided hereunder on a non discriminatory basis to all residents of the Cities for non-commercial programming purposes, whether individuals or organizations, on a non-discriminatory basis, pursuant to operating rules issued by CMAP. 2 D. DEVELOP OPERATING POLICIES AND PROCEDURES. Develop policies and procedures for use and operation of the PEG access equipment, facilities, and channels and file such policies and procedures with the Cities.
E. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. Administer the PEG access channels and facilities in compliance with applicable laws, rules, and regulations.
F. TRAINING. CMAP will at its discretion and in accordance with available staff, funding and space, Train residents of the Cities and, when requested, employees of the Cities and local school or college employees in the techniques of media production, and provide technical advice in the execution of productions.
G. PLAYBACK/CABLECAST. Provide for distribution of PEG access programs through playback/cablecasting/webcasting and other innovative or readily available means of distribution of PEG access channels and program content.
H. MAINTENANCE OF EQUIPMENT. Provide regular maintenance and repair of all equipment purchased with monies received pursuant to this Agreement.
I. PROMOTION. Actively promote the use and benefits of the PEG access channels and facilities to cable subscribers, the public, and PEG access users.
J. OTHER ACTIVITIES. Undertake other PEG access programming activities and services as deemed appropriate by CMAP and consistent with the obligation to facilitate and promote PEG access programming and provide non-discriminatory access.
SECTION 2. ENHANCED GOVERNMENT SERVICES
A. In addition to those services specified in Section 1, CMAP shall provide the staffing for professional video production services for the following meetings taking place at the City Hall of each of the Cities.
1. Hollister: Regular Council meetings, Council Study Sessions, Planning Commission meetings, and Airport Advisory Committee meetings. (Maximum of 48 meetings per year.)
2. San Juan Bautista: Regular City Council meetings, regular Planning Commission meetings, and three special meetings designated by the City annually. (Maximum of 27 meetings per year.)
3. If a meeting exceeds four (4) hours in length (including set-up and take down) the Cities will be charged at the special discounted rates provided in Exhibit A, attached hereto.
3 B. Pursuant to Section 1. CMAP shall be responsible for purchasing, maintenance, and replacement of equipment related to its media services and playback/webcasting/cablecasting of PEG access channels and programming and any related INET fiber networking equipment.
C. DIVCA authorizes each City to receive certain grant payments from State Franchisees for PEG access purposes. The Cities have agreed pursuant Section 15. B. of this Agreement to provide that funding to CMAP. CMAP shall set aside 10% of that PEG DIVCA funding provided by each City in a special banking sub-account for that City for the purchase of City Council Chambers video equipment. At the request and in consultation with each City, CMAP shall budget for video equipment for City Council Chambers. CMAP shall provide funding for these purchases based upon the fund balances set aside in bank sub-accounts for each City individually.
D. Upon request by one or more of the Cities, CMAP agrees to provide video productions services and other media services in addition to those listed in this Agreement at the rates described in Exhibit A to this Agreement.
SECTION 3. PUBLIC ACCESS CHANNELS OPEN TO PUBLIC: CMAP agrees to keep the public access channel(s) open to all potential users regardless of their viewpoint, subject to FCC regulations and other relevant laws. Neither the Cities, nor State Franchisees, nor CMAP shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent CMAP, the Cities, or State Franchisees from producing or sponsoring programming, prevent the Cities or State Franchisees from underwriting programming, or prevent the Cities, State Franchisees, or CMAP from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of the channel(s). CMAP may develop and enforce policies and procedures which are designed to promote local use of the channel(s) and make programming accessible to the viewing public, consistent with such time, place, and manner regulations as are appropriate to provide for and promote use of PEG access channels, equipment and facilities.
SECTION 4. INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other parties, including their respective officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, actions, losses, damages, or liabilities of every kind, including reasonable attorneys' fees and litigation costs, arising out of or resulting from the performing party’s acts, omissions, negligence, or willful misconduct under this Agreement. This obligation includes, but is not limited to, compliance failures, contract breaches, or claims of libel, slander, invasion of privacy, or copyright infringement directly resulting from a party's respective management, usage, or production of content for the PEG access channels. Where liability 4 arises from the concurrent negligence or fault of multiple parties, each party’s obligation to indemnify and defend shall be proportionate to its comparative degree of fault.
SECTION 5. COPYRIGHT CLEARANCE. Before cablecasting program material, CMAP shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to all material cablecast or distributed through other means such as the Internet and clearances from broadcast stations, networks, sponsors, music licensing organizations' representatives, and without limitation from the foregoing, any and all other persons as may be necessary to transmit their program material over the PEG access channels or other means such as the Internet that are operated and managed by CMAP. CMAP shall maintain copies of all such user agreements for inspection by the Cities, upon reasonable notice by the Cities and for the term of the applicable statute of limitations.
SECTION 6. COPYRIGHT AND OWNERSHIP. CMAP shall own the copyright of any programs which it may choose from time to time to produce. Copyright of programming produced by other parties shall be held by such persons who produced said programming.
SECTION 7. DISTRIBUTION RIGHTS.
A. CMAP shall maintain and enforce rules providing that programs produced primarily with funds, equipment, facilities, or staff granted under this Agreement are distributed on the PEG channels managed by CMAP. This requirement shall be administered in accordance with the content, technical quality, and scheduling standards established in the CMAP Policies and Procedures Handbook. Nothing in this Section shall be interpreted to restrict or limit CMAP's independent editorial discretion, its authority to manage channel programming, or its right to permit wider distribution of programs so long as such distribution remains consistent with established operating procedures.
B. At least at the beginning and end of each day that programming is cablecast on the PEG access channels whose use is authorized by this Agreement, CMAP shall display a credit stating "Partial funding for the operation of this channel is provided by the Cities of Hollister and San Juan Bautista." Such credit shall also state that opinions expressed in PEG access programs are the sole responsibility of the program producers.
SECTION 8. EQUIPMENT AND FACILITIES.
A. CMAP shall be responsible for maintenance of all equipment and facilities owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement.
B. The City of Gilroy currently houses CMAP's Master Control equipment in the City of Gilroy data center and provides access to certain network infrastructure. CMAP shall continue to pay the City of Gilroy $3,600 annually for such storage/services. This annual fixed payment of 5 $3,600 shall be due to the City on September 1st of each year of this Agreement until such time that CMAP determines the need for such storage/services unnecessary.
C. CMAP shall own all equipment and facilities acquired by it and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement all such equipment or facilities purchased with funds received pursuant to this Agreement shall become the property of the Cities (in a manner determined by the Cities), which shall ensure that all such equipment or facilities shall be used for PEG access purposes.
To secure all of its obligations under this Agreement, CMAP hereby grants to the Cities a security interest in all of the assets and interests owned or hereafter acquired by CMAP with funds provided by the Cities, and the proceeds thereof, including but not limited to CMAP deposit accounts, inventory, and all equipment and fixtures that are or were acquired with funds provided by the Cities. CMAP agrees to take all steps reasonably requested by the Cities to perfect and enforce the security interest of the Cities, including the execution and processing of financing statements and continuation statements under the California Uniform Commercial Code. CMAP will also notify any institution with whom it now or hereafter maintains any deposit account of the existence of a security interest by the Cities in the account.
The Cities agree to subordinate their interest if necessary to finance the purchase of equipment or property. The subordination shall only be with respect to the specific equipment or property that CMAP might wish to finance.
D. Upon the earlier of termination, expiration, or dissolution of CMAP, it shall, subject to the approval of the Cities, transfer all assets of CMAP representing equipment and facilities funded by the Cities, and/or the proceeds of either to the Cities, or at the option of the Cities, to such organization or organizations designated by the Cities to manage PEG access which shall at the time qualify as a tax exempt organization(s) under Section 501 (c)(3) of the Internal Revenue Code (or the corresponding provisions of any future United States Internal Revenue Law).
SECTION 9. INSURANCE. CMAP shall maintain in full force and effect at all times during the term of this Agreement insurance as required by this Section. The cost of such insurance shall be borne by CMAP and may be included in its annual budget.
A. COMPREHENSIVE LIABILITY INSURANCE. Comprehensive liability insurance, including protective, completed operations and broad form contractual liability, property damage and personal injury coverage, and comprehensive automobile liability including owned, hired, and non-owned automobile coverage. The limits of such coverage shall be: (1) bodily injury including death, $1,000,000 for each person, each occurrence and aggregate; and (2) property damage, $1,000,000 for each occurrence and aggregate.
B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment and facilities, including fixtures, funded in whole or in part under this Agreement to replacement cost.
The insurance shall include, at a minimum, insurance against loss or damage beyond the user's 6 control, theft, fire or natural catastrophe. The Cities shall be shown as lien holders on all policies.
C. WORKERS' COMPENSATION. Full Workers' Compensation Insurance and Employer's Liability with limits as required by California law with an insurance carrier satisfactory to the Cities. Such policy shall contain a waiver of subrogation as to the Cities, and the officials, officers, agents, employees and volunteers.
D. CABLECASTER'S ERRORS AND OMISSIONS INSURANCE. Insurance shall be maintained to cover the content of productions which are cablecast on the PEG access channels or other means such as the Internet in, at minimum, the following areas: libel and slander; copyright or trademark infringement; infliction of emotional distress, invasion of privacy; plagiarism; misuse of musical or literary materials. This policy shall not be required to cover individual PEG access producers.
E. CITIES AS CO-INSURED OR ADDITIONAL INSURED. The Cities shall be named as a co-insured or additional insured on all aforementioned insurance policies. The policies shall provide that no cancellation, major change in coverage or expiration may be affected by the insurance company or CMAP without first giving the Cities thirty (30) days written notice prior to the effective date of such cancellation or change in coverage. Any insurance or self insurance maintained by the Cities, their officers, agents, employees, or volunteers shall be in excess of CMAP's insurance and shall not contribute to it.
F. NOTIFICATION OF COVERAGE. CMAP will make available upon request proof of insurance coverage as follows: (1) Comprehensive Liability and Workers' Compensation upon commencement of the employment of the Executive Director; (2) equipment insurance upon the acquisition of any equipment; and (3) cablecaster's errors and omissions insurance. All required insurance coverage shall be maintained by CMAP at all times in accordance with the requirements of this Agreement.
SECTION 10. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE.
A. CMAP shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental handicap.
B. CMAP shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, sexual orientation, marital status, ancestry, national origin or physical or mental handicap.
SECTION 11. INDEPENDENT CONTRACTOR. It is understood and agreed that CMAP is an independent contractor and that no relationship of principal/agent or employer/employee exists between the Cities and CMAP. If in the performance of this Agreement any third persons are employed by CMAP, such persons shall be entirely and exclusively under the control, direction 7 and supervision of CMAP. All terms of employment, including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment shall be determined by CMAP and the Cities shall have no right or authority over such persons or terms of employment.
No third party shall be a beneficiary under this Agreement.
SECTION 12. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any interest herein shall be assigned or transferred by CMAP, except as expressly authorized in writing by the Cities.
SECTION 13. ANNUAL REPORTS. During the second quarter of its fiscal year, CMAP shall submit to the Cities an annual report regarding its activities during the preceding fiscal year. This report shall contain, at a minimum, the following information:
A. A summary of municipal and government meeting broadcast coverage provided to the Cities;
B. A current and complete listing of CMAP's Board of Directors and key administrative contacts;
C. Year-end financial statements demonstrating the proper allocation and use of municipal funds. These statements shall consist of compiled internal financial actuals prepared by CMAP management and reviewed, approved, and certified annually by the CMAP Board of Directors' Finance Committee.
SECTION 14. RECORDS.
A. CMAP shall maintain all necessary books and records, in accordance with generally accepted accounting principles.
B. Upon reasonable request from any of the Cities, CMAP shall, at any time during normal business hours, make available all of its records with respect to all matters covered by this Agreement.
SECTION 15. FUNDING AND OTHER RESOURCES. The Cities agree to make the following funds and resources available to CMAP:
A. The California Public Utilities Commission has granted to each State Franchisee a franchise to provide video services in the Cities. Pursuant to those State Franchises and City of Hollister Code Chapter 5.21.070 and City of San Juan Bautista Code Chapter 5-20-1830, each State Franchisee is obligated to provide to the Cities four channels for PEG access purposes.
The Cities agrees to permit CMAP to manage that bandwidth/channel capacity for PEG access programming purposes.
8 B. Pursuant to those State Franchises and to Hollister Code Chapter 5.21.070 and City of San Juan Bautista Code Chapter 5-20-1830, each State Franchisee is obligated to provide to the City for PEG access purposes three percent (3%) of its gross revenues derived from the provision of video services in the City. The Cities shall direct any State Franchisee to pay said PEG funds to CMAP or shall transfer to CMAP those PEG funds received from the State Franchisees to CMAP no later than thirty (30) days after the City receives the quarterly PEG fee payment from a State Franchisee.
C. Pursuant to Section 8 of a Settlement Agreement and Release between Charter and each of the Cities individually entered into on or about June 11, 2010, Charter is obligated to provided at no cost to the Cities or CMAP dedicated fiber linkage between CMAP and the Charter headend for transport of PEG signals and connectivity and functionality necessary for PEG access signals to be transmitted from each City Hall as well as the locations of certain educational institutions. The Cities shall authorize CMAP to utilize those links and or connections for the transport of PEG programming.
D. The Cities agrees that they will provide funding to CMAP for the provision of PEG access services described in this Agreement, as follows:
1. Year 2021: 20% of franchise fees received by the Cities from State Franchisees.
2. Year 2022-until end of initial term of this Agreement: 22% of franchise fees received by the Cities from State Franchisees.
These funds shall be disbursed to CMAP on a quarterly basis, upon submission of a written request in accordance with the timeline specified in Section 18 of this Agreement. Concurrent with each funding disbursement, the Cities shall provide CMAP with copies of the quarterly franchise fee reports, remittance statements, or electronic confirmations received from the State Franchisee(s) reflecting the total gross receipts and actual fee revenues collected, upon which CMAP’s percentage allocation is calculated.
E. Upon request by one or more of the Cities, CMAP agrees to provide video productions services and other media services in addition to those listed in this Agreement at the rates described in Appendix 1 to this Agreement.
SECTION 16. ANNUAL PLAN AND BUDGET.
A. On or before September 30 of each year in which this Agreement is in effect, CMAP shall provide to the Cities an "Annual Plan and Budget" outlining activities and programs planned for the following fiscal year with funds and other resources provided by the Cities. Such plan shall contain:
1. A statement of the anticipated number of hours of PEG access programming to be cablecast;
9 2. An operating and capital equipment and facilities budget which shows projected revenues and expenditures for the next fiscal year, planned capital improvements and planned purchases of new or replacement equipment.
SECTION 17. EXPENDITURE OF FUNDS. CMAP shall spend funds received from the Cities solely for the purposes listed in its Annual Plan and Budget and Section 1 ("Scope of Services") of this Agreement. Funds not expended in the year covered by the Annual Plan and Budget may be carried over by CMAP into succeeding years. Upon termination of this Agreement all funds of any kind received from the Cities and not expended by CMAP shall be returned to the Cities, in proportion to the amounts previously provided by the Cities. All such returned funds shall be used by the Cities for PEG access purposes. CMAP shall provide for such fiscal control and accounting procedures as are necessary to assure proper disbursement and accounting for funds received from the Cities.
SECTION 18. RECEIPT OF APPROVED FUNDING. For each year in which CMAP has submitted the Annual Plan and Budget to the Cities as required under Section 16 of this Agreement, the Cities shall make quarterly payments to CMAP. Those payments shall be made on or before March 15, June 15, September 15, and December 15 1 . The amounts paid to CMAP
by these Cities shall be calculated as specified in Section 15.D of this Agreement. If any payment to CMAP required by this Agreement is not received by CMAP on or before the date fixed above, the City shall pay interest thereon, from the due date to the date paid, at a rate of one percent (1 %) per month.
SECTION 19. FUNDING FROM OTHER SOURCES. CMAP may, during the course of this Agreement, receive supplemental funds from other sources, including but not limited to fundraising activities.
SECTION 20. TERM OF AGREEMENT. This Agreement shall be for a period of five (5) years commencing on January 1, 2026 and ending on December 31, 2030 unless terminated earlier, as provided for in this Agreement. This Agreement may be extended, by mutual agreement of the Cities and CMAP, in writing, for additional periods of five (5) years each in accordance with Section 22 of this Agreement.
SECTION 21. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS.
A. The Cities shall have the right upon one hundred twenty (120) days written notice to CMAP to terminate this Agreement for:
1. Breach of any provision of this Agreement by CMAP;
2. Malfeasance, misfeasance, misappropriation of funds; or
3. Loss of 501(c)(3) status by CMAP.
10 B. The written contract violation notice provided by the Cities shall cite the specific section of this Agreement which the Cities believe CMAP to have breached and provide sufficient detail to permit CMAP to clearly understand the nature of the cure request by the Cities.
C. CMAP may avoid termination by curing any such breach to the satisfaction of the Cities within one hundred twenty (120) days of notification or within a time frame agreed to by the Cities and CMAP. If the nature of the default is such that more than one hundred twenty (120) days are reasonably required for its cure, then CMAP shall not be deemed to be in default if it has commenced a cure within the one hundred twenty (120) day period and thereafter diligently proceeds with such cure to completion within the time period reasonably established by the Cities.
D. The Cities may also terminate this Agreement at the expiration of its term, or any extension thereof.
E. Upon termination of this Agreement, CMAP shall transfer to the Cities (or their 501(c)(3) designated organization) all active, viable equipment and capital assets purchased with municipal funds. The parties agree that throughout the term of this Agreement, CMAP retains full operational authority to decommission, retire, donate, recycle, or dispose of any equipment or physical property that has become technologically obsolete, fully depreciated, or non-functional in the ordinary course of business. CMAP shall incur no liability to the Cities for the non-transfer of any assets routinely disposed of under this standard.
SECTION 22. EXTENSION OF AGREEMENT. This Agreement may be renewed or extended for additional periods of five (5) years upon the Cities approval of a written request by CMAP filed with the Cities at least one hundred and twenty days (120) before the expiration of the initial term of this agreement provided that CMAP is in compliance with the terms of this Agreement. The Agreement may be extended upon mutual written consent of the parties, which approval shall not be unreasonably withheld, conditioned, or delayed. CMAP shall be deemed in compliance with this Agreement unless the Cities provide CMAP with a notice of violation and such violations is not timely cured.
SECTION 23. TIME. Time is of the essence in this Agreement and for the performance of all covenants and conditions of this Agreement.
SECTION 24. COOPERATION. Each party agrees to execute all documents and do all things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 25. APPLICABLE LAW. This Agreement shall be interpreted and enforced under the laws of the State of California.
11 SECTION 26. NOTICES. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States mail, postage prepaid and addressed to the appropriate party as follows:
To the City of Hollister:
City Manager
375 Fifth Street
Hollister, CA 95023
To the City of San Juan Bautista:
City Manager
311 Second Street
P.O. Box 1420
San Juan Bautista, CA 95045
To CMAP:
Executive Director
7500 Monterey Road
P.O. Box 1822
Gilroy, CA 95021
Any party may change its address by written notice to the other parties at any time.
SECTION 27. SEVERABILITY. If any term, provision, covenant or condition of this Agreement shall be determined to be invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected to the extent the remaining provision are not rendered impractical to perform taking into consideration the purposes of this Agreement.
SECTION 28. Counterparts. This Agreement may be executed by one or more of the parties to this Agreement on any number of separate counterparts, and all of said counterparts taken together shall be deemed to constitute one and the same instrument.
SECTION 29. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to this Agreement shall be valid.
12 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above.
CITY OF HOLLISTER, a municipal corporation
By: ___________________________________
Date:_________________________
CITY OF San Juan Bautista, a municipal corporation
By: ___________________________________
Date:_________________________
COMMUNITY MEDIA ACCESS PARTNERSHIP OF SOUTHERN SANTA CLARA AND SAN BENITO COUNTIES, a nonprofit corporation
By: ___________________________________
Date:_________________________
13 EXHIBIT A
CMAP Fiscal Year 2026 Enhanced Government Services
Rate Sheet Schedule
CMAP shall charge according to the following rate schedule for the following services related to government programming. All rates are subject to annual cost-of-living increases and/ or PEG funding uncertainty. Doc Date: March 2026. This document will be updated annually with the CMAP Annual Plan and Budget. Rates may be adjusted annually based on cost-of-living increases, staffing costs, and PEG funding levels.
GOVERNMENT MEETING SERVICES
Description 2021 Rates 2026 Rates
Government Meeting Coverage
Meeting coverage in addition to that outlined
in Section 2: A. of this agreement
$85 per hour $98/hour
Equipment Maintenance/ Expansion of
Government Installations
CMAP provides routine inspection,
maintenance, troubleshooting, and repairs
of CMAP- installed equipment in County
facilities. Governments may also request
new functionality that requires installing
additional equipment.
$100 per hour $115/hour
ADDITIONAL OFF -SITE VIDEO SERVICES
(Provided with field equipment by CMAP staff)
Description 2021 Rates 2026 rates
Single Camera Field Production
Includes operator, professional camera, and
mic. This provides adequate coverage for
off-site meetings, workshops, and other
public events.
$250 (up to 3
hrs)
$400 (3-5
hours)
$500 (5-7
hours)
$285 (up to 3
hrs)
$460 (3-5
hours)
$575 (5-7
hours)
3-Camera Switched Field Production
Includes Blackmagic Design ATEM
switcher, 3-person crew, live or
post-produced graphics, or
web archive.
$1,000 (up to 3
hours)
$200 (each
additional hour)
$1,150 (up to 3
hours)
$275 (each
additional
hour)
Audio Support/ PA in the Field
Includes mixer, multiple mics, public
address system, and one operator
$500 (up to 3
hours)
$100 (each
additional hour)
$575 (up to 3
hours)
$115 (each
additional
hour)
Editing/ Post Production/ Graphics
Video field work typically requires that video
material and graphics be edited before
being cablecast and
web-streamed/archived. This provides that
basic service. Final cost will depend on
scope, staffing requirements, and
post-production needs. Estimates will be
provided prior to work beginning.
$85 per hour $98 per hour
Live Web Streaming
CMAP can provide live web streaming of
any field production. Requires an adequate
internet connection on location: CMAP can
also provide a simple embed code to place
the streaming video on a government
website.
$100 per event $115 per event
Live Cablecast/ Web Stream
Same as above, but with a live cablecast to
Charter/AT&T cable channels.
$150 per event $170 per event
HOUSE PRODUCTIONS AT CMAP STUDIO
Description 2021 Rates 2026 rates
Studio Production
Includes two CMAP crew members for
technical production
$100 per hour $115 per hour
Studio Show Producer
Responsible for show production, crew
coordination, graphics, etc.
$150 per 30-60
minute program
$170 per 30-60
minute program
CMAP TV STUDIOS
Production Service Benefits
Other PEG Activities What
Public: Focuses on community-created content and giving a voice to individual residents.
Community Bulletin
Board
Maintain a 24/7 scrolling digital feed on your cable channels for local non-profit announcements and community events.
Creative Showcases &
Screenings
Host regular "Premiere Nights" in our space where local producers can screen their projects for the community and participate in Q&A sessions.
Film Competitions and
Challenges
Host film competitions to encourage the public to share their film projects. Whether it’s a 48-hour challenge or a themed competition, these events push you to produce original content under a deadline while connecting with the local filmmaking community.
Details:
Who: All experience levels welcome.
Goal: To foster rapid storytelling and community engagement through the Public (P) access mission.
Interactive Tours
We open our doors to show the public exactly what is accessible to them at CMAP.
These tours demystify professional production by letting participants "test drive" our studio and equipment in a hands-on, low-pressure environment.
Details:
Target Audience: Schools and community organizations.
Duration: 4–5 Hours
Goal: To provide the foundational skills and confidence needed to thrive in a digital world.
Educational: Focuses on schools, students, and instructional media literacy.
Student Internship
Programs
Partner with Gavilan College or local high schools to offer hands-on internships where students earn credit by assisting with CMAP productions or managing a dedicated "Youth Voice" time slot on your channels.
Teacher Tech Workshops Provide specialized training for local educators on how to use basic video tools (like CapCut or Canva) to enhance their classroom curriculum.
Youth Media Camps Week-long summer intensives where students produce a full short film or news segment.
Government: Focuses on civic transparency and communication between the city and its residents.
News Program
Residents are trained specifically to cover neighborhood stories using smartphones and your RØDE Wireless GO kits. These segments will be featured on CMAP's Broadcasting Channels and YouTube. This allows the public to cover their community and inform the public on news related topics.
City Department PSAs Work with city departments (example: Fire, Police, Water) to produce short, informative Public Service Announcements regarding safety or new local ordinances.
City Updates Produce interviews with the Mayor, City Manager, or local officials to discuss local progress and upcoming government projects.
Item No.: 6.G
City Council Meeting
Aug 18, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ROY MORALES, ASSISTANT TO THE CITY MANAGER
TITLE: PUBLIC SAFETY UPDATE
RECOMMENDED MOTION:
Receive and file the Monthly Public Safety statistics report for the months of June and July of 2026.
RECOMMENDATION:
Staff recommends that the City Council review and receive the status report for the Public Safety Department.
BACKGROUND:
Law enforcement services are provided by the San Benito County Sheriff’s Office as part of their countywide coverage. Fire protection services are provided through a contract with the Hollister Fire Department. As part of ongoing oversight and transparency, staff provides the City Council with regular statistical summaries outlining service levels, staffing, and activity trends for these public safety functions.
This report summarizes monthly law enforcement and fire department activity for the reporting period and provides an overview of current services.
DISCUSSION:
The Sheriff’s Office continues to provide law enforcement services to the City (11-beat) and respond to both emergency and non-emergency calls for service as required. During the reporting period, Sheriff’s Office activity included:
• Emergency 911 calls: June 39 / July 40
• Non-emergency calls for service: June 29 / July 51
• Self-initiated contacts: June 14 / July 18
• Reports taken: June 7 / July 8
Page | 2
o Assaults: June 2 / July 0
o Domestic violence: June 1 / July 0
o Burglary: June 1 / July 1
o Coroner: June 1 / July 0
o Theft from a vehicle: July 1 / July 0
The City experienced a peaceful Fourth of July weekend, with Independence Day activities occurring without significant public safety concerns. To support holiday operations, the Sheriff’s Office provided enhanced coverage within the City. A two-deputy patrol unit was assigned to San Juan Bautista from 1:00 p.m. on July 3 through 1:00 a.m. on July 4, providing increased visibility, responding to calls for services, and supporting public safety efforts throughout the holiday period.
Fire protection services are provided by the Hollister Fire Department through Station 4, Engine 14, which is staffed full-time with three firefighters and delivers continuous 24-hour fire suppression, emergency medical, and rescue services within the City. Station 4 also provides emergency response services within San Benito County jurisdiction areas outside the City limits, including the following activities during the reporting period:
• Fires: June 0 / July 1 (2nd St.)
• Vehicle accidents outside the city limits: June 7 / July 7 (all outside city limits) • Medical calls: June 16 / July 10
• Inspections: June 3 / July 1
ATTACHMENTS:
1. San Benito County Sheriff’s Office June / July 2026 calls for service report
2. City of Hollister Fire Department June / July 2026 calls for service report
SAN JUAN BAUTISTA
2026 MONTHLY
CRIME STATS
JUNE/JULY
STATISTICS
Calls For Service
Crime Reports
Citations
Responsibility Area 11
Thank You
3 4
CALLS FOR SERVICE
TOTAL = 410
Calls for Service June
911 Calls 39
Non-Emergency 29
Mobile Data
Computer
118
Field Initiated 14
Total 200
Calls for Service July
911 Calls 40
Non-Emergency 51
Mobile Data
Computer
101
Field Initiated 18
Total 210
19%
15%
59%
7%
JUNE 2026 CALLS FOR SERVICE
911 Calls Non-Emergency MDC Field Initiated
19%
24%
48%
9%
JULY 2026 CALLS FOR SERVICE
911 Calls Non-Emergency MDC Field Initiated
REPORTS TAKEN
5 Total = 15
Row Labels Count of Case #
ASSAULT 2
BURGLARY 1
CORONER 1
DOM VIOL 1
PHISHING EMAIL 1
VEH THEFT + RECOVER 1
Grand Total 7
0 0.5
1 1.5
2 2.5
ASSAULT BURGLARY CORONER DOM VIOL PHISHING
EMAIL
VEH THEFT +
RECOVER
JUNE 2026 REPORTS TAKEN
Total
0 0.5
1 1.5
2 2.5
CIVIL
MATTERS
PERSONS PROPERTY PROPERTY
AND
EVIDENC
THEFT \
BURGLARY
TRAF VIOL VEH TOW
JULY 2026 REPORTS TAKEN
Total
Row Labels Count of Case #
CIVIL MATTERS 1
PERSONS 1
PROPERTY 2
PROPERTY AND EVIDENC 1
THEFT \ BURGLARY 1
TRAF VIOL 1
VEH TOW 1
Grand Total 8
6 CITATIONS
Street Cross St Violation 1 Description Violation 2 Description FIRST AHWAHNEE ST 22450(A) VC STOP SIGN VIOLATION -------------- -------------- HWY 156 MONTEREY 12500(A) VC NO LICENSE -------------- -------------- HWY 156 BIXBY RD 22107 VC UNSAFE LANE CHANGE -------------- --------------- HWY 156 BIXBY RD 22350 VC UNSAFE SPEED -------------- --------------- HWY 156 UNION RD 4000(A)(1) VC NO INSURANCE -------------- --------------- JUNE
Street Cross St Violation 1 Description Violation 2 Description FIFTH WASHINGTON ST 22500(E)(1) VC BLOCK DRIVEWAY -------------- -------------- MONTEREY MUCKELEMI ST 21461(A) VC FAIL TO OBEY TRAFFIC SIGN -------------- -------------- JULY
AREA 11
SAN JUAN BAUTISTA
CITY LIMITS
7 THANK YOU
Rachelle Barragan
Crime Analyst
831-902-2436
[email protected]
www.sanbenitocountyca.gov
Item No.: 6.H
City Council Meeting
Aug 18, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ROY MORALES, ASSISTANT TO THE CITY MANAGER
TITLE: PUBLIC WORKS, LIBRARY, RECREATION UPDATE
RECOMMENDED MOTION:
Receive and file the statistics report for June and July of 2026 for the following departments; Public Works, Library, and Recreation.
RECOMMENDATION:
Staff recommends that the City Council review and receive the status report for the following departments; Public Works, Library, and Recreation.
BACKGROUND:
The City’s Public Works, Library, and Recreation departments collectively support core municipal services that directly affect residents’ quality of life. These departments are responsible for maintaining essential city functions, facilities, and community services.
The Public Works Department currently operates with four full-time employees and one parttime employee who provides weekend coverage. Public Works staff are responsible for maintaining the city’s infrastructure, public facilities, parks, and utilities, while also supporting other departments with their operational logistical needs.
The Library Department is staffed by three part-time Assistant Librarians, with one staff member serving as the lead Assistant Librarian. Library staff manage the daily operations of the City Library, provide community programming, maintain library resources, and assist patrons.
The Recreation Department currently operates with one interim employee who supports recreational programming and coordination of community activities.
These departments continue to deliver essential services and assist other City departments with operational support and facility management.
Page | 2
DISCUSSION:
The Public Works, Library, and Recreation teams collectively play a vital role in supporting the City’s daily operations, infrastructure, community facilities, and public services. Their responsibilities range from maintaining parks and public facilities, supporting city events, maintaining utilities infrastructure, and ensuring city assets remain safe and operational for residents and visitors. These teams frequently collaborate with other City departments and external vendors to address operational needs, respond to facility issues, and support community initiatives.
Recent accomplishments and ongoing efforts include:
Public Works
• Placed boulders back into place after a semi-truck caused damage to the roundabout. • Installed “No Truck Exit” signs on Lavagnino Drive to discourage semi-trucks from traveling through the roundabout. Additional signs will be placed on the HWY 129 entrance into town.
• Repainted red curbs throughout the city.
• Pest Control contractor treated Verutti park for insects. • Increase of graffiti during both months.
• Received and utilizing new 2-Way handheld radios. City has two frequencies. • Developing a plan for Abbe Park building improvements.
Library
• High interest in crochet activities on Friday afternoons by homeschooled students. • Increased circulation of CA State Park Passes throughout the summer. • Anticipating delivery of one Family workstation by the end of Aug. from CA State Library Empowered Access Grant.
Recreation
• JR Giants baseball hosted a successful season with 169 athletes. • Great job by our ambassador; Kaitlyn Kline for all her diligent work. • Movies in the Park summer series started at Abbe Park. • Special thanks to Councilman Aranda for loaning his equipment to Recreation.
Item: 6.H
City Council Meeting
August 18, 2026
Page | 1
CCITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: COMMUNITY DEVELOPMENT STATUS REPORT
RECOMMENDED MOTION:
Receive an update on the Community Development Department for June and July 2026.
RECOMMENDATION:
Staff recommends that the City Council review and receive the status report for the Community Development Department.
EXECUTIVE SUMMARY:
This report provides an update on activities within the Community Development Department, including Planning, Building, and Code Enforcement functions for June and July 2026.
During the reporting period, the Department continued to support development review, permitting, building inspections, business licensing, regulatory compliance, and community assistance.
Planning activities included processing current planning applications and continuing long-range planning initiatives. Building activity remained steady, with nine building permit applications submitted over the two-month period, 24 inspections scheduled, and 99 business licenses processed. Code Enforcement continued its focus on case management, parking compliance, and implementation of the City's vehicle abatement efforts.
The Department also continued community engagement efforts associated with long-range planning, including distribution of the Downtown Revitalization Survey to gather community input regarding the future of Downtown San Juan Bautista.
BACKGROUND
The Community Development Department provides planning, building, and code enforcement services that support orderly development, regulatory compliance, and implementation of the City's General Plan and Municipal Code. The Department coordinates with residents, property Page | 2
owners, contractors, business owners, and regional agencies to facilitate development review, permitting, inspections, business licensing, and code compliance activities while advancing the City's long-range planning priorities.
The following provides a summary of Community Development Department activities during June and July 2026.
Building
Building Division activity remained steady throughout June and July, with a total of nine (9) building permit applications submitted, 24 inspections scheduled, and 99 business licenses processed during the two-month reporting period.
June 2026
Four (4) building permit applications were submitted during June:
• 2026035 – Mechanical Permit: Finalized.
• 2026036 – Plumbing Permit: Issued.
• 2026037 – Roofing Permit: Withdrawn.
• 2026039 – Roofing Permit: On hold pending Planning forms.
In addition to permit processing, the Building Division:
• Scheduled thirteen (13) building inspections.
• Processed twenty-six (26) business licenses.
July 2026
Five (5) building permit applications were submitted during July:
• 2026038 – Pool Permit: In review.
• 2026040 – Plumbing Permit: Issued.
• 2026041 – Alteration Permit: Pending applicant action. • 2026042 – Photovoltaic Permit: In review.
• 2026043 – Photovoltaic Permit: In review.
In addition to permit processing, the Building Division:
• Scheduled eleven (11) building inspections.
• Processed seventy-three (73) business licenses.
The Building Division continues to provide permitting, inspection, and business licensing services in support of development activity and regulatory compliance throughout the city.
Code Enforcement
The Code Enforcement Division continued active monitoring and communication regarding existing open cases throughout June and July, with an emphasis on voluntary compliance, vehicle abatement, parking enforcement, and resolution of outstanding code violations.
The City's vehicle abatement efforts continued during the reporting period and contributed to an increase in new cases during July, with nine (9) of the twelve (12) new July cases originating from the vehicle program.
Item: 6.H
City Council Meeting
August 18, 2026
Page | 3
June 2026
Code Enforcement activity included:
• Nine (9) green tag parking warnings.
• Ten (10) parking citations.
• Three (3) new code enforcement cases.
• Three (3) code enforcement cases closed.
July 2026
Code Enforcement activity included:
• Ten (10) green tag parking warnings.
• Six (6) parking citations.
• Twelve (12) new code enforcement cases, including nine (9) generated through the vehicle program.
• Two (2) code enforcement cases closed.
Over the two-month reporting period, Code Enforcement issued a total of nineteen (19) green tag parking warnings and sixteen (16) parking citations, opened fifteen (15) new code enforcement cases, and successfully closed five (5) cases. The Division will continue monitoring active cases and conducting proactive enforcement and outreach to encourage compliance with City regulations.
CEQA REQUIREMENT:
The proposed action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(2), as it is an administrative activity of government that will not result in direct or indirect physical changes to the environment.
FISCAL IMPACT:
None.
ATTACHMENTS:
None.
Item No. 6.J-M
City Council Meeting
August 18, 2026
6. CONSENT
J. Approve the Regular Meeting Minutes of May 19, 2026.
K. Approve the Special Meeting Minutes of May 26, 2026.
L. Approve the Special Meeting Minutes of June 16, 2026.
M. Approve the Special Meeting Minutes of August 11, 2026.
Item No. 7.A
City Council Meeting
August 18, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: AUTHORIZATION FOR DESIGN AND CONSTRUCTION OF A
DOWNTOWN SHARED TRASH, RECYCLING, AND ORGANICS
ENCLOSURE ON MARIPOSA STREET
RECOMMENDED MOTION:
Approve a Resolution selecting Mariposa Street as the preferred location for a shared downtown trash, recycling, and organics enclosure; authorizing staff to complete stakeholder outreach, Historic Site and Design Review, Planning Commission review, building permits, and other required approvals; authorizing expenditure not exceed $100,000 from eligible non-General Fund solid waste and grant revenues; and authorizing the City Manager to execute contracts necessary for project design and construction, subject to all required approvals and available funding.
RECOMMENDATION:
Staff recommends that the City Council adopt the attached Resolution selecting Mariposa Street as the preferred site for a shared trash, recycling, and organics enclosure serving downtown businesses. Staff further recommends authorization to proceed with public and business outreach, design and permitting, Historic Site and Design Review, Planning Commission review, and construction, with total project expenditures not to exceed $100,000 from eligible non-General Fund revenues. The Resolution would also authorize the City Manager to approve and execute contracts necessary for project design and construction, subject to applicable procurement requirements, completion of required environmental review, and issuance of required permits.
EXECUTIVE SUMMARY:
The city has identified ongoing challenges associated with refuse, recycling, and organics service within the downtown commercial district. Pursuant to San Juan Bautista Municipal Code Section 5-4-240, businesses generating refuse are required to subscribe to and use the City's franchised refuse collection service. However, historic development patterns and constrained parcels leave some downtown businesses without sufficient private space to store the required containers. Other businesses subscribe to service but have no practical on-site location for container storage, resulting in containers remaining within the public right-of-way.
Page | 2
Staff reviewed three potential locations for a shared enclosure near Third Street: Mariposa Street, Washington Street, and Polk Street. The presentation prepared by staff identifies Mariposa Street as a location where an enclosure could be placed along an existing fence in an area without a current sidewalk, thereby avoiding impacts to pedestrian access and allowing Recology service access. Staff recommends the Mariposa Street option because this area has also been the subject of active code compliance complaints regarding bins in the public right-of-way and because a shared enclosure at this location could directly assist businesses that lack a feasible location to store their containers.
A shared enclosure would provide a designated, screened location for trash, recycling, and organics containers serving eligible downtown businesses. The project is intended to improve compliance with mandatory collection and public right-of-way requirements, reduce visual and accessibility impacts, and provide a practical service solution for landlocked or space-constrained businesses.
Council authorization would allow staff to advance the Mariposa Street concept through outreach, design, Historic Site and Design Review, Planning Commission review, building permitting, and construction. Staff would coordinate with Recology and affected businesses or interest groups to refine the enclosure layout, access, screening, and operational requirements before construction.
BACKGROUND INFORMATION:
Municipal Code Section 5-4-240 requires all owners, occupants, and persons in control of premises generating refuse to subscribe to and utilize the City's franchised refuse collection service. The Municipal Code further makes it unlawful to hinder or obstruct the franchisee in the performance of its duties.
Municipal Code Section 5-4-105 prohibits placing refuse containers or receptacles on any sidewalk, street, alley, public way, or public property.
Municipal Code Section 5-4-300 provides that in cases involving disputes regarding placement of receptacles awaiting collection, the City Manager shall designate an appropriate location consistent with the City's franchise agreement.
The historic downtown area contains numerous properties developed prior to modern waste management standards. Many parcels have limited lot area, no rear service access, or physical constraints that make it difficult to provide compliant refuse, recycling, and organics storage areas.
These conditions can result in containers remaining within public rights-of-way or in businesses struggling to maintain compliance with mandatory collection requirements.
Additionally, State mandates, including SB 1383, California's Short-Lived Climate Pollutant Reduction Strategy, require enhanced organic waste collection and diversion programs. Although the City currently holds a rural exemption from certain SB 1383 requirements, the potential future expiration or modification of that exemption increases the importance of planning for adequate refuse, recycling, and organics storage capacity.
Item No. 7.A
City Council Meeting
August 18, 2026
Page | 3
The San Benito County Integrated Waste Management Regional Agency, of which the city is a member, has received funding to support implementation of SB 1383 and related waste diversion activities. Staff's presentation identified approximately $60,000 in SB 1383 grant funding and approximately $86,000 in other applicable City solid waste funding as potentially available, subject to eligibility and confirmation. Because the SB 1383 OWR4 grant term expires on November 1, 2026, timely authorization will allow staff to advance design, permitting, and eligible project costs while the funding remains available.
DISCUSSION:
Staff evaluated three potential downtown locations for a shared solid waste enclosure: Mariposa Street, Washington Street, and Polk Street. Each location was considered for proximity to Third Street businesses, container access, pedestrian impacts, grading needs, site constraints, and the ability to accommodate Recology service.
The proposed implementation would include:
1. Site Evaluation and Recommended Location
Mariposa Street is staff's recommended location. The concept would place the enclosure along the existing fence where there is currently no sidewalk. Based on staff's preliminary review, this location would not interfere with existing pedestrian access and would provide workable service access for Recology. The location is also near an area where the city has received active code complaints regarding refuse containers being stored in the public right-of-way. Establishing a shared enclosure at this location would provide an alternative for businesses that do not have adequate space on their properties to store the required trash, recycling, and organics containers.
2. Stakeholder Outreach
Following Council selection of the Mariposa Street site, staff would conduct focused outreach with affected downtown businesses, nearby property owners, and other interested community or business groups. Outreach would address anticipated users, container capacity, collection operations, access, screening, maintenance responsibilities, and concerns related to the selected location.
3. Funding and Contract Authority
Staff recommends that the City Council authorize expenditures of up to $100,000 for design, permitting, site preparation, and construction using eligible non-General Fund revenues, including:
• Franchise fee revenues associated with the City's refuse collection franchise; • AB 939 program revenues received through the San Benito County Regional Agency; • Litter abatement fee revenues;
• SB 1383 Organics Waste Recycling Local Assistance Program (OWR4) grant funds; • Other applicable State, regional, or local funding opportunities; and • Other eligible non-General Fund revenues available for solid waste, recycling, organics, or Page | 4
litter-abatement purposes.
The authorization would allow the City Manager to approve and execute contracts and related amendments necessary for design and construction, provided the total project authorization does not exceed $100,000 and all expenditures comply with applicable funding and procurement requirements.
4. Design, Historic Review, and Permitting
The enclosure would be designed to be compatible with the City's historic downtown character and Recology's enclosure and service requirements. Staff would be authorized to prepare and process the Historic Site and Design Review application through the Historic Resources Board and Planning Commission, and to obtain all required building, encroachment, accessibility, fire, and other permits or approvals before construction.
Design and permitting would address:
• City's historic design guidelines and downtown aesthetic; • Applicable zoning and development standards;
• Building and fire code requirements;
• Accessibility and pedestrian circulation;
• Recology collection vehicle access and operational standards; • Drainage, grading, and site preparation as required; and • State waste diversion and organics collection requirements.
5. Construction and Implementation
Upon completion of outreach, design review, environmental review, and required permits, staff would be authorized to proceed with construction of the Mariposa Street enclosure within the $100,000 project authorization. Staff would coordinate final container configuration, service arrangements, and ongoing operational responsibilities with Recology and participating businesses.
If site conditions, cost estimates, funding eligibility, or the required public review process result in a material change to the proposed Mariposa Street concept or require expenditures above the authorized amount, staff would return to the City Council for additional direction and authorization.
CEQA REQUIREMENT:
Council's action would authorize design, outreach, permitting, contracting, and potential construction of a specific improvement. Staff will complete the environmental review required by the California Environmental Quality Act (CEQA), including any applicable exemption or other CEQA determination, before physical construction begins and will obtain all required environmental approvals as part of project implementation.
Item No. 7.A
City Council Meeting
August 18, 2026
Page | 5
FISCAL IMPACT:
The proposed Resolution would authorize project expenditures not to exceed $100,000. No General Fund appropriation is proposed. Eligible project costs may be paid from franchise fee revenues associated with the City's refuse collection franchise, AB 939 program revenues received through the San Benito County Regional Agency, litter abatement fee revenues, SB 1383 OWR4 grant funds, other applicable State, regional, or local funding opportunities, and other eligible nonGeneral Fund solid waste revenues.
Staff's presentation identified approximately $60,000 in SB 1383 grant funding and approximately $86,000 in other applicable City solid waste funding as potentially available. Actual expenditures will be limited to confirmed, eligible funding sources and the $100,000 Council authorization. The City Manager would be authorized to execute contracts necessary for design and construction within this amount, subject to applicable procurement requirements and grant restrictions.
ATTACHMENTS:
1. Resolution No. 2026-XX
Item No.7.A
City Council Meeting
August 18, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
SELECTING MARIPOSA STREET AS THE PREFERRED LOCATION FOR A SHARED DOWNTOWN TRASH, RECYCLING, AND ORGANICS ENCLOSURE;
AUTHORIZING OUTREACH, DESIGN REVIEW, PERMITTING, AND
CONSTRUCTION; AUTHORIZING EXPENDITURES NOT TO EXCEED $100,000 FROM ELIGIBLE NON-GENERAL FUND REVENUES; AND AUTHORIZING THE
CITY MANAGER TO EXECUTE CONTRACTS NECESSARY FOR DESIGN AND CONSTRUCTION.
WHEREAS, San Juan Bautista Municipal Code Section 5-4-240 requires owners, occupants, and persons in possession, charge, or control of premises generating refuse to subscribe to and utilize the City's franchised refuse collection service; and WHEREAS, San Juan Bautista Municipal Code Section 5-4-105 prohibits placing or keeping refuse or refuse containers on sidewalks, streets, alleys, public ways, or public property except as otherwise provided by the Municipal Code; and WHEREAS, San Juan Bautista Municipal Code Section 5-4-300 provides that, in disputes regarding placement of receptacles awaiting collection, the City Manager shall designate the location consistent with the City's franchise agreement; and WHEREAS, historic development patterns and constrained parcels within the downtown commercial district leave certain businesses with limited or no feasible private location to store and service trash, recycling, and organics containers, resulting in containers remaining within the public right-of-way and creating barriers to compliance with mandatory collection requirements; and
WHEREAS, staff evaluated three potential locations near Third Street for a shared downtown enclosure - Mariposa Street, Washington Street, and Polk Street - considering proximity to businesses, collection access, pedestrian impacts, grading needs, site constraints, and the ability to accommodate Recology service; and
WHEREAS, staff recommends Mariposa Street as the preferred location because an enclosure may be placed along an existing fence in an area where there is currently no sidewalk, thereby avoiding interference with existing pedestrian access while providing workable Recology service access; and
WHEREAS, the Mariposa Street area has been the subject of active code compliance complaints regarding refuse containers in the public right-of-way, and a shared enclosure at this location would provide a practical alternative for businesses that lack adequate on-site space to store required containers; and
WHEREAS, the City Council desires to advance the Mariposa Street enclosure through focused stakeholder outreach, design, Historic Site and Design Review, Planning Commission review, permitting, and construction, subject to required environmental review and approvals; and Item No.7.A
City Council Meeting
August 18, 2026
Page | 2
WHEREAS, eligible non-General Fund revenues may include franchise fee revenues associated with the City's refuse collection franchise, AB 939 program revenues received through the San Benito County Regional Agency, litter abatement fee revenues, SB 1383 Organics Waste Recycling Local Assistance Program (OWR4) grant funds, other applicable State, regional, or local funding opportunities, and other eligible non-General Fund revenues available for solid waste, recycling, organics, or litter-abatement purposes; and WHEREAS, the City Council desires to authorize project expenditures not to exceed $100,000 from confirmed eligible non-General Fund revenues and to authorize the City Manager to approve and execute contracts and related amendments necessary for project design and construction, subject to applicable procurement requirements and funding restrictions.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista as follows:
Section 1. Preferred Site. The City Council hereby selects Mariposa Street as the preferred location for a shared downtown trash, recycling, and organics enclosure serving eligible downtown businesses.
Section 2. Stakeholder Outreach. Staff is authorized to conduct focused outreach with affected downtown businesses, nearby property owners, Recology, interested community or business groups, and other stakeholders regarding anticipated users, container capacity, collection operations, access, screening, maintenance responsibilities, and other matters related to the selected site.
Section 3. Funding Authorization. The City Council authorizes expenditures not to exceed $100,000 for project design, environmental review, permitting, site preparation, and construction using confirmed eligible non-General Fund revenues, including franchise fee revenues, AB 939 program revenues, litter abatement fee revenues, SB 1383 OWR4 grant funds, other applicable State, regional, or local funding opportunities, and other eligible non-General Fund revenues available for solid waste, recycling, organics, or litter-abatement purposes. No General Fund appropriation is authorized by this Resolution.
Section 4. Contract Authority. The City Manager is authorized to approve and execute contracts and related amendments necessary for design and construction of the project, provided that total project expenditures do not exceed the $100,000 authorization established by this Resolution and that all expenditures comply with applicable procurement requirements, grant conditions, and funding restrictions.
Section 5. Design Review and Permitting. Staff is authorized to prepare and process the Historic Site and Design Review application through the Historic Resources Board and Planning Commission and to obtain all required building, encroachment, accessibility, fire, and other permits or approvals. The enclosure shall be designed for compatibility with the City's historic downtown character and applicable City design standards and shall address Recology collection vehicle access and operational requirements, applicable zoning and development standards, building and fire code requirements, accessibility and pedestrian circulation, drainage and grading, and applicable waste diversion and organics collection requirements.
Item No.7.A
City Council Meeting
August 18, 2026
Page | 3
Section 6. Construction and Implementation. Upon completion of stakeholder outreach, required design review, environmental review, and issuance of required permits and approvals, staff is authorized to proceed with construction of the Mariposa Street enclosure within the $100,000 project authorization and to coordinate final container configuration, service arrangements, and ongoing operational responsibilities with Recology and participating businesses.
Section 7. Material Changes. If site conditions, cost estimates, funding eligibility, or the required public review process result in a material change to the proposed Mariposa Street concept or require expenditures above the authorized amount, staff shall return to the City Council for additional direction and authorization.
Section 8. CEQA. Before physical construction begins, staff shall complete the environmental review required by the California Environmental Quality Act (CEQA), including any applicable exemption or other CEQA determination, and obtain all required environmental approvals as part of project implementation.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista this 18th day of August, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST;
______________________
Elizabeth Soto, City Clerk
Item No. 7.B
City Council Meeting
August 18, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: APPOINTMENT OF REPRESENTATIVES TO THE REGIONAL
AGENCY GOVERNANCE AND FRANCHISE REVIEW AD HOC
COMMITTEE.
RECOMMENDED MOTION:
Appoint the City Manager and Planning Manager as the City of San Juan Bautista's two representatives to serve on the Regional Agency Governance and Franchise Review Ad Hoc Committee; and authorize their participation in advisory discussions regarding the San Benito County Integrated Waste Management Regional Agency governance structure and future solid waste franchise agreement planning.
RECOMMENDATION:
Staff recommends that the City Council appoint the City Manager and Planning Manager as the City of San Juan Bautista's two representatives to participate in the Regional Agency Governance and Franchise Review Ad Hoc Committee. No resolution is required; the appointments would be made by City Council via minute order.
The Ad Hoc Committee would provide a coordinated forum for information sharing, discussion, evaluation, and development of advisory recommendations regarding Regional Agency governance and future solid waste collection services. Appointment of the City Manager and Planning Manager would provide administrative and subject-matter continuity for the City during the Regional Agency governance review and franchise agreement discussions.
Any recommendations developed by the Ad Hoc Committee will be non-binding and subject to future review and approval by the City Council.
EXECUTIVE SUMMARY:
The San Benito County Integrated Waste Management Regional Agency is evaluating next steps related to its governance structure and future solid waste collection franchise agreement with Recology San Benito County. Staff has prepared information recommending the consolidation of Page | 2
related governance and franchise agreement discussions into a single Regional Agency Governance and Franchise Review Ad Hoc Committee.
The proposed Ad Hoc Committee would consist of up to two representatives from each member jurisdiction and one representative from a solid waste consultant retained to represent the Regional Agency. The committee would serve as an advisory forum to evaluate the Regional Agency governance structure, participate in discussions regarding future solid waste collection services, and develop non-binding recommendations for consideration by the Local Task Force and the member governing bodies.
Appointment of City representatives will allow San Juan Bautista to participate directly in regional discussions regarding franchise agreement strategy, governance review, and alignment of governance and franchise structures. Any recommendations developed by the Ad Hoc Committee would be advisory only and would return to the City Council for consideration before any binding action is taken.
BACKGROUND INFORMATION:
The County of San Benito, the City of Hollister, and the City of San Juan Bautista participate in regional solid waste planning through the San Benito County Integrated Waste Management Regional Agency. The Regional Agency coordinates integrated waste management programs, state compliance activities, and franchise agreement administration for regional solid waste collection services.
In September 2021, the Local Task Force previously considered reorganization of Regional Agency governing documents. At that time, staff recommended that the Joint Powers Agreement and Cost Sharing Agreement be redrafted by Integrated Waste Management staff, reviewed by the Local Task Force, and then forwarded to each member jurisdiction for consideration by its governing body. No final action was taken at that time.
The current discussion is intended to restart and consolidate related work regarding Regional Agency governance and franchise agreement planning. Establishing one coordinated Ad Hoc Committee would allow governance issues and franchise agreement considerations to be discussed together because decisions regarding service delivery, oversight responsibilities, financial administration, and regional coordination are closely connected.
DISCUSSION:
Staff recommends that the City Council appoint the City Manager and Planning Manager as the City of San Juan Bautista's two representatives to participate in the proposed Regional Agency Governance and Franchise Review Ad Hoc Committee. The Ad Hoc Committee would not have independent decision-making authority. Instead, it would develop advisory recommendations for consideration by the Local Task Force and the respective governing bodies of the Regional Agency member jurisdictions.
Item No. 7.B
City Council Meeting
August 18, 2026
Page | 3
The proposed Ad Hoc Committee structure and work program would include the following components:
1. Committee Composition
The Ad Hoc Committee would include up to two representatives from each jurisdiction and one representative from a solid waste consultant retained to represent the Regional Agency. This structure is intended to maintain continuity among representatives, support coordinated regional discussion, and provide technical support for the review process.
2. Governance Assessment
The Ad Hoc Committee would evaluate the current Integrated Waste Management Joint Powers Agreement and Cost Sharing Agreement; assess the effectiveness of the current Regional Agency governance structure; identify opportunities to improve decision-making processes, financial administration, accountability, and regional coordination; and develop recommendations for potential governance modifications for future consideration by the member agencies.
3. Franchise Agreement and Negotiation Strategy
The Ad Hoc Committee would review existing franchise agreement provisions and operational performance, evaluate options for a contract extension, amendment, negotiated agreement, or competitive procurement process, and participate in discussions regarding future service expectations, operational needs, regulatory compliance requirements, and potential contract terms with Recology San Benito County. Franchise agreement discussions would be prioritized because they are more time-sensitive, while governance discussions would proceed in parallel.
4. Alignment of Governance and Franchise Structure
The Ad Hoc Committee would consider how any future franchise agreement should align with the Regional Agency governance framework. This work would include identifying clear long-term goals, objectives, authority, accountability, and expectations for regional solid waste management services and considering any governance modifications needed to support implementation and oversight of future collection service agreements.
5. Consultant and Staff Support
To facilitate an efficient and informed process, the Regional Agency would retain a qualified consultant to develop and manage the project work plan and schedule, facilitate meetings and stakeholder discussions, review governing documents and the existing franchise agreement, prepare analyses and supporting materials, develop evaluation criteria, prepare meeting summaries and recommendations, and assist with presentations to the Local Task Force and governing bodies.
Integrated Waste Management staff would provide subject matter expertise regarding Regional Agency operations, regulatory requirements, franchise administration, historical background, program implementation, data collection, meeting logistics, public noticing requirements, and technical review of consultant work products.
Page | 4
6. Draft Work Plan and Schedule
The draft work plan anticipates confirming Ad Hoc appointments, selecting a Regional Agency consultant, and conducting research and interviews between June and August 2026. The Ad Hoc Committee kickoff meeting is anticipated for the end of August 2026. A study session with the Regional Agency member governing bodies, franchise strategy session, first negotiation session with Recology, and progress updates to the Local Task Force are anticipated in September 2026.
Additional negotiation and governance assessment sessions are anticipated in October and December 2026, with updates to governing bodies anticipated in the December 2026 to January 2027 timeframe.
CEQA REQUIREMENT:
The proposed action appoints City representatives to participate in an advisory Ad Hoc Committee and does not approve any physical project, contract amendment, franchise agreement, governance amendment, or change in solid waste collection services. The appointment is an administrative and organizational activity of government that will not result in direct or reasonably foreseeable indirect physical changes in the environment and is not a project pursuant to CEQA Guidelines Section 15378(b)(5). In addition, the action is exempt from CEQA pursuant to the common-sense exemption under CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the appointment of representatives to an advisory committee may have a significant effect on the environment.
Any future action to approve amendments to Regional Agency governing documents, a solid waste franchise agreement, service changes, or other implementation actions will return to the appropriate governing bodies for consideration and any required environmental review before approval.
FISCAL IMPACT:
The proposed appointment of representatives to the Regional Agency Governance and Franchise Review Ad Hoc Committee has no immediate direct fiscal impact to the City and does not authorize any expenditure of City funds. The Ad Hoc Committee would serve in an advisory capacity to support evaluation of Regional Agency governance, franchise agreement strategy, and future solid waste service delivery considerations.
The Regional Agency is expected to retain a qualified consultant to assist with the work plan, meeting facilitation, review of governing documents and franchise agreement provisions, preparation of analyses and evaluation criteria, and development of findings and recommendations. Integrated Waste Management staff would also provide technical and administrative support. Any future City fiscal impacts associated with consultant costs, governance changes, franchise agreement amendments, service changes, or related implementation actions would be brought back to the City Council for consideration as part of a future action.
Establishing a single coordinated Ad Hoc Committee is expected to reduce duplication of meetings and staff resources, maintain continuity among representatives, and allow the more time-sensitive Item No. 7.B
City Council Meeting
August 18, 2026
Page | 5
franchise agreement discussions to proceed while longer-term governance evaluations occur in parallel.
ATTACHMENTS:
1. Ad Hoc Committee Updates Slides
Item No. 7.C
City Council Meeting
August 18, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL REPORT
DATE: AUGUST 18, 2026
DEPARTMENT: COMMUNITY DEVELOPMENT / CITY CLERK
FROM: ELIZABETH SOTO, CITY CLERK / ADMINISTRATIVE
SERVICES DIRECTOR
BY: ELIZABETH SOTO, CITY CLERK / ADMINISTRATIVE
SERVICES DIRECTOR
TITLE: HISTORIC RESOURCES BOARD/PLANNING COMMISSION
VACANCY
RECOMMENDED MOTION:
Consider the recommendation of the City Council Ad Hoc Committee and appoint two applicants to the Planning Commission/Historic Resources Board: one to fill the unexpired term ending December 2026 and one to fill the unexpired term ending December 2028.
RECOMMENDATION:
Staff recommends that the City Council receive the recommendations of the Ad Hoc Committee, comprised of Mayor Jordan and Mayor Pro Tem Sabathia, and consider the appointment of two applicants to fill the vacancies on the Planning Commission/Historic Resources Board.
EXECUTIVE SUMMARY:
The Planning Commission/Historic Resources Board currently has two vacancies. Following an active recruitment process, the city received five applications by the August 11, 2026, deadline.
The City Council’s Ad Hoc Committee is currently comprised of Mayor Jordan and Mayor Pro Tem Sabathia, who were formally reappointed to the Committee at the October 21, 2025, City Council meeting. The Ad Hoc Committee reviewed the applications and conducted interviews with qualified candidates in accordance with San Juan Bautista Municipal Code Section 2-3- 110(D).
The Ad Hoc Committee will present its recommendations to the City Council for consideration and appointment to the two vacant seats.
BACKGROUND:
Item No. 7.C
City Council Meeting
August 18, 2026
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The Planning Commission, which also serves as the City’s Historic Resources Board, advises the City Council on land use, development applications, and the preservation of San Juan Bautista’s historic character. The Commission consists of five members appointed by the City Council, as outlined in Chapter 2-3, Article 1 of the San Juan Bautista Municipal Code.
On October 7, 2025, Commissioner Iraida H. Pisano announced her resignation during the regularly scheduled Planning Commission meeting. Her resignation took immediate effect, creating a vacancy with a term scheduled to expire in December 2026.
On June 23, 2026, Commissioner Eddie Sanchez notified City staff of his resignation. His resignation was effective immediately, creating a second vacancy for a term scheduled to expire in December 2028.
The City continued its recruitment efforts to fill the vacancies, with the most recent recruitment period closing on August 11, 2026. Five applications were received by the deadline.
Pursuant to San Juan Bautista Municipal Code Section 2-3-110(D), the Ad Hoc Committee reviewed the applications, selected qualified candidates for interviews, and conducted interviews. The Committee will present its recommendations to the City Council for consideration and appointment.
Any appointments made by the City Council will be for the remainder of the respective unexpired terms. The appointment to the seat previously held by Commissioner Pisano will serve through December 2026, and the appointment to the seat previously held by Commissioner Sanchez will serve through December 2028.
STRATEGIC ALIGNMENT:
This action supports the City’s commitment to effective governance, transparency, and civic engagement by ensuring that all advisory bodies remain fully staffed and representative of the community. A complete Planning Commission is essential for maintaining timely review of development applications and safeguarding the City’s historic resources, consistent with the goals of the City Council’s strategic priorities.
FISCAL IMPACT:
None
ATTACHMENTS:
1. San Juan Bautista Municipal Code, Chapter 2-3 Boards and Commissions, Article 1.
Planning Commission
Planning Commission
2-3-110 Qualifications – Appointment – Term.
(A) Members of the Planning Commission shall be residents and registered voters of the City of San Juan Bautista and shall not be officers or management-level employees of the City at the time of their appointment and continuously during their terms of office. A Commissioner who has moved residence from the City shall be considered to have resigned from the Commission office.
(B) Planning Commission members’ terms shall be four (4) years, which terms shall be staggered.
(C) Any vacancy in the Planning Commission from whatever cause arising, including expiration of term, shall be filled by appointment by the Council. Upon a vacancy occurring, leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term.
(D) When there is a vacancy to be filled on the Planning Commission, except for a successful reappointment of a Planning Commission member for a successive, consecutive term as defined in subsection (E) of this Section, the City Council shall appoint an ad hoc subcommittee of two (2) members to receive applications and/or resumes, select qualified candidates for interviews, conduct interviews and make a brief report with a recommendation to the City Council. The City Council shall consider and vote on the recommendation and shall appoint the applicant who receives a majority of votes to the Planning Commission. If an applicant does not receive a majority of votes, the ad hoc subcommittee shall select a new candidate and present that candidate to the City Council at the following meeting. (E) The City Council may, upon expiration of a Planning Commission member’s term, reappoint the Planning Commission member for a successive, consecutive term, without requiring an ad hoc subcommittee to conduct interviews and make a recommendation. If the Planning Commissioner, whose term has expired, is not reappointed, the Council may direct the ad hoc subcommittee to review credentials and interview that Planning Commissioner, or to also consider other candidates for appointment to the Planning Commission, as set forth in subsection (D) of this Section.