City of San Juan Bautista
The “City of History” www.san-juan-bautista.ca.us
CITY COUNCIL
REGULAR MEETING
TUESDAY, SEPTEMBER 15, 2026, 6:00 P.M.
HYBRID MEETING
City Hall, Council Chambers
311 Second Street, San Juan Bautista, California
AGENDA
ZOOM WEBINAR PARTICIPATION
The meeting can also be accessed by the public in the following ways: via Zoom (https://zoom.us/join) per the instructions below, and on Facebook.
Please note: If all Council Members are present in person, public participation via Zoom or Facebook viewing is for convenience only and is not required by law. If the Zoom or Facebook feed is lost for any reason, the meeting may be paused while a fix is attempted, but the meeting may continue at the discretion of the presiding officer.
JOIN ZOOM WEBINAR TO PARTICIPATE LIVE
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To participate telephonically:
call 1 (669) 900-6833
Webinar ID: 883 7332 0235
1. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
2. CLOSED SESSION 5:00 P.M. – 6:00 P.M.
Receive public communication from the audience on Closed Session items. The City Council will recess to closed session pursuant to:
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista et al. (California Government Code section 54956.9(d)(1)) b. Conference with Legal Counsel—Anticipated Litigation – Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9(e)(2): (2 cases) c. Public Employee Performance Evaluation – (California Government Code section §54956.7(b)(1)) – the City Attorney.
Page | 2 City Council September 15, 2026
3. PROCLAMATION / COMMENDATION
A. Childhood Cancer Awareness Month, September 2026
4. PUBLIC COMMENT
Public comments generally are limited to three minutes per speaker on items that are not on the agenda and are under the City’s subject matter jurisdiction. The Mayor may further limit the time for public comments depending on the agenda schedule.
5. PUBLIC HEARING
A. Introduce an Ordinance Amending Chapter 11 of the San Juan Bautista Municipal Code pertaining to the Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU)
Recommendation: Hold a Public Hearing to consider adoption of an ordinance amending Section 11-02- 050 (Zoning Districts), Chapter 11-04.5 (Accessory Dwelling Units), and Chapter 11- 29 (Definitions) of Title 11 of the San Juan Bautista Municipal Code pertaining to accessory dwelling unit (ADU) and junior accessory dwelling unit (JADU).
6. CONSENT
All matters listed under the San Juan Bautista City Council Consent Agenda may be enacted by one motion unless a member of the City Council or the public requests a separate vote.
A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Treasurer’s Report and Monthly Financial Statements
Recommendation: Accept the financial report for July 2026.
D. Conflict of Interest Code - Biennial Review
Recommendation: Approve a RESOLUTION approving amendments to Appendix B (Designated Positions) of the City's Conflict of Interest Code following the required biennial review.
E. Approval of Amendment No. 1 to the Professional Services Agreement with Robert D.
Niehaus, Inc. for Water Rate Study.
Recommendation: Approve A RESOLUTION authorizing Amendment No. 1 to the Professional Services Agreement with Robert D. Niehaus, Inc. (RDN) to add a concurrent Water Rate Study for a firm-fixed amount of $29,860, increasing the total agreement amount from $28,320 to $58,180, and authorize the City Manager to execute the amendment subject to approval as to form by the City Attorney and incorporation of RDN's written scope clarification.
F. Approval of Updated Agreement with Ridgeline Municipal Strategies, LLC for Municipal Advisory and Consulting Services Related to Water and Wastewater System Compliance Projects.
Recommendation: Approve a RESOLUTION approving the updated Agreement for Municipal Advisory and Consulting Services with Ridgeline Municipal Strategies, LLC through June 30, 2028, and authorize the City Manager to execute the agreement, subject to completion of the Task 1 not-to-exceed budget in Exhibit B and availability of budgeted funds.
Page | 3 City Council September 15, 2026
G. Authorize Reimbursement to the San Benito County Water District for Water Supply Plan Cost
Recommendation: Approve a RESOLUTION authorizing reimbursement to the San Benito County Water District in the amount of $234,914.70 for costs incurred in support of the San Juan Bautista Water Supply Plan and authorizing the City Manager or designee to process payment following final verification of funding eligibility and accounting requirements
H. Día de los Muertos Procession Rolling Street Closures Recommendation: Approve a RESOLUTION authorizing temporary rolling street closures on November 2, 2026, for the Día de los Muertos Procession.
I. Consideration of City Co-Sponsorship and Fee Waiver for the 2026 Día de los Muertos Procession
Recommendation: Approve a RESOLUTION designating the 2026 Día De Los Muertos Procession as a city co-sponsored event and approving a waiver of permit fees and City costs associated with the event in the amount of $2,413.19.
J. Temporary Street Closure for a California State Parks Event (Vertigo Movie Showing) Recommendation: Approve a RESOLUTION to authorize the temporary closure of Second Street between Mariposa Street and Washington Street on September 26, 2026, from 5:00 p.m. to 10:00 p.m., in connection with Encroachment Permit Application ENC314, subject to the conditions set forth in the Resolution.
K. Consideration of City Co-Sponsorship and Fee Waiver for the California State Parks Vertigo Movie (ENC314)
Recommendation: Approve a RESOLUTION designating the California State Parks Vertigo Screening event as a city co-sponsored event and approving a waiver of permit fees and City costs associated with Encroachment Permit Application ENC314 in the amount of $770.39
L. Digital Communication and Social Media Policy
Recommendation: Approve a RESOLUTION repealing Resolution No. 2017-23 and adopting the City of San Juan Bautista’s updated Digital Communications and Social Media Policy M. Authorization to Issue a Request for Proposals for City Attorney and Municipal Legal Services
Recommendation: Approve a RESOLUTION authorizing issuance of a Request for Proposals (RFP) for City Attorney and Municipal Legal Services; directing staff to conduct a qualifications-based, best-value evaluation of proposals and present the results and ranking to the City Council; and providing for finalist interviews by the full City Council prior to final selection, appointment, and contract approval.
N. Accept The Alameda Hwy 156 Right Turn Lane Retaining Wall CIP Project 20.03 Completed by L.
Loduca Co.
Recommendation: Approve a RESOLUTION accepting the Alameda/Highway 156 Right-Hand Turn Lane Retaining Wall Improvements Project as complete; and release the retention and applicable construction bonds in accordance with legal requirements.
O. Authorize the City Manager and/or Designee to Conduct AB 52 and SB 18 Tribal Consultation
Recommendation: Approve a RESOLUTION authorizing the City Manager, and/or designee, to initiate, conduct, coordinate, and conclude consultation with California Native American tribes Page | 4 City Council September 15, 2026
on behalf of the City of San Juan Bautista pursuant to Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18), as applicable to City projects and land use actions.
P. Public Safety Update
Recommendation: Receive an Update on the Monthly Public Safety statistics for June and August 2026 Q. Public Works, Library and Recreation Department Update Recommendation: Receive an Update for August 2026.
R. Community Development Department Update
Recommendation: Receive an Update for August 2026.
S. Minutes
Recommendation: Approve the Regular Meeting Minutes of May 19, 2026; Special Meeting Minutes of May 26, 2026; Special Meeting Minutes of June 16, 2026; Special Meeting Minutes of August 11, 2026; and Regular Meeting Minutes of August 18, 2026.
7. ACTION
A. League of California Cities (LCC) Voting Delegate
Recommendation: Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 23-25, 2026.
B. Approval of Amendment No. 1 to Engagement Agreement with Kennedy, Archer & Giffen, P.C, for City Attorney and Municipal Legal Services Recommendation: Approve a resolution approving the First Amendment to the Engagement Agreement with Kennedy, Archer & Giffen, P.C. for City Attorney and municipal legal services and authorizing the City Manager to execute the amendment on behalf of the City.
C. Discuss and Provide Direction on the Proposed Chapter 9-5 Mobile Food Facilities and Sidewalk Vending Ordinance
Recommendation: Review and discuss the proposed Chapter 9-5 Mobile Food Facilities and Sidewalk Vending Ordinance and provide direction to staff on policy and drafting revisions identified by the City Council at its June 16, 2026, meeting.
8. INFORMATIONAL ITEMS AND REPORTS
A. City Manager’s Report
B. Reports from City Council Representatives to Regional Organizations and Committees C. City Council Announcements
This is an opportunity for the Council to share the community calendar and announce upcoming dates of interest to the public.
9. ADJOURNMENT
________________________
Elizabeth Soto, City Clerk
AGENDA MATERIAL / ADDENDUM
Page | 5 City Council September 15, 2026
Any addenda will be posted not later than 72 hours before regular meetings or 24 hours before special meetings unless otherwise allowed under the Brown Act. City Council reports may be viewed at the City of San Juan Bautista City Hall at 311 Second Street, San Juan Bautista, and are posted on the City website www.san-juanbautistaca.gov subject to Staff’s ability to post the documents before the meeting, or City Clerk Elizabeth Soto at [email protected] or calling (831) 623-4661 during normal business hours.
In compliance with the Americans with Disabilities Act and Govt. Code 54953(a), the City will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the City Clerk at least 48 hours prior to the meeting at (831) 623-4661 or (831) 453-8992.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising only those issues you or someone else raised at the public hearing held at this meeting, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Please take notice that the time within which to seek judicial review of any final administrative determination reached at this meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
A Closed Session may be called during this meeting pursuant to Government Code §54956.9 (d)(2) if a point has been reached where, in the opinion of the legislative body of the City on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
PUBLIC COMMENT PROCEDURES
If you wish to make a public comment and are attending in person, please fill out a speaker card. If you are attending via Zoom, join the Zoom Webinar and use the "Raise Hand," or, if joining by telephone, press *9 on your telephone keypad icon.
SUBMISSION OF PUBLIC COMMENTS
Written comments may be submitted via mail to the City Clerk at City Hall (P.O. Box 1420, San Juan Bautista, CA 95045) or emailed to [email protected] no later than 3:00 p.m. on the day of the meeting. Written comments will be read into the record provided that the reading does not exceed three (3) minutes.
PUBLIC NOTIFICATION
This agenda was posted on Friday, August 14, 2026, on the bulletin board at City Hall, 311 Second Street; the bulletin board at the City Library, 801 Second Street; the bulletin board at the entrance to the United States Post Office, 301 The Alameda; and the City’s website. Meetings are streamed live on YouTube at https://www.youtube.com/@cityofsanjuanbautista4658.
San Juan Bautista
California
~ HONORING JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES & DECLARING SEPTEMBER 2026 AS CHILDHOOD CANCER AWARENESS MONTH ~ WHEREAS, cancer is the leading cause of death by disease after infancy among children in the United States, and approximately 1,600 children and adolescents continue to die from cancer each year; and WHEREAS, Childhood Cancer Awareness Month is recognized each September to increase awareness of pediatric cancer, honor children and families affected by the disease, remember those whose lives have been lost, and encourage continued research, treatment, and family support; and WHEREAS, the 2026 awareness theme, “Protecting Childhood Potential,” recognizes that every child deserves the opportunity to learn, play, grow, pursue their talents, and look forward to the future, regardless of a cancer diagnosis; and
WHEREAS, the gold ribbon is the recognized symbol of childhood cancer awareness and represents the courage and resilience of children facing cancer, their families, survivors, caregivers, and those who carry forward the memories of children who have been lost; and WHEREAS, since its founding in 1998, Jacob’s Heart Children’s Cancer Support Services has provided family-centered assistance to children with cancer and other serious illnesses throughout the Central Coast, including emotional support, financial assistance, groceries and essential goods, and safe and reliable transportation to medical appointments; and
WHEREAS, Jacob’s Heart works to relieve the financial and practical burdens experienced by families so parents and caregivers can focus their attention on the health and well-being of their children; and WHEREAS, through its Heart on Wheels transportation program and partnerships with pediatric treatment providers, including Lucile Packard Children’s Hospital Stanford and the University of California, San Francisco, Jacob’s Heart helps ensure that children from our region can reach lifesaving specialty care; and
WHEREAS, Jacob’s Heart honors the lives and legacies of children from our local community who have been lost to cancer and provides compassionate, continuing support to their families; and NOW, THEREFORE, I, Mayor Leslie Q. Jordan, on behalf of the San Juan Bautista City Council, hereby declare September 2026 as CHILDHOOD CANCER AWARENESS MONTH in the City of San Juan Bautista, and do hereby honor JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES for outstanding support to our community and acknowledge the organization’s contributions to Childhood Cancer Awareness Month.
Dated this 15th day of September 2026.
____________________________________
Leslie Q. Jordan, Mayor
Item: 6A
City Council Meeting
September 15, 2026
AFFIDAVIT OF POSTING
I, Elizabeth Soto, Do Now Declare, under the Penalties of perjury, that I am the City Clerk / Administrative Services Director in the City of San Juan Bautista and that I Posted Three (3) True Copies of the attached City Council Agenda. I Further Declare That I Posted Said Agenda on the 11th day of September 2026 and in the Following Locations in the City of San Juan Bautista, County of San Benito, California.
1. On The Bulletin Board at City Hall, 311 Second Street.
2. On The Bulletin Board at The City Library, 801 Second Street.
3. On The Bulletin Board at The Entrance to The United States Post Office, 301 The Alameda
Signed at San Juan Bautista, County of San Benito, California, on the 11th day of September 2026.
____________________________________________
Elizabeth Soto, CMC, CPMC
City Clerk / Administrative Services Director
Item: 6A
City Council Meeting
September 15, 2026
WAIVER OF READING
OF ORDINANCES
State law requires that an ordinance be read in its entirety prior to adoption unless the City Council waives reading beyond the title. Reading an entire ordinance at the meeting is extremely time-consuming; reading of the title alone usually gives the audience sufficient understanding of what the Council is considering.
To ensure that this waiver is consistently approved by the Council, Council should make the waiver at each meeting, thus, you should do it at this point on the Consent Agenda. The Council then does not have to worry about making this motion when each ordinance comes up on the agenda.
GC36934
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2026
Item #6.C
City Council Meeting
September 15, 2026
REVENUES FY26 FY27 Annual YTD
Fund Actuals Actuals Budget Difference 8% Notes
General Fund 243,332 234,974 2,581,790 (2,346,816) 9%
Special Revenue Funds:
Capital Projects Fund 127,952 10,717 3,010,168 (2,999,451) 0% Community Development 2,288 2,575 156,150 (153,575) 2%
COPS 8,333 8,333 100,000 (91,667) 8%
Parking & Restroom Fd 3,819 2,289 28,000 (25,711) 8%
Gas Tax Fund 8,640 9,909 122,750 (112,841) 8%
Valle Vista LLD 3,257 3,393 40,716 (37,323) 8%
Rancho Vista CFD 5,626 5,837 70,043 (64,206) 8%
Copperleaf CFD 2,486 2,589 31,071 (28,482) 8%
Internal Service Funds:
Blg Rehab. & Replace 3,167 3,167 38,000 (34,833) 8%
Vehicle Replacement 5,000 5,000 60,000 (55,000) 8%
Enterprise Funds:
Water
Operations 172,812 174,345 1,845,000 (1,670,655) 9%
Sewer
Operations 173,539 174,821 2,095,000 (1,920,179) 8%
TOTAL Funds 760,251 637,949 10,178,688 (9,540,739) 6%
City of San Juan Bautista
Revenues ~ Budget Vs. Actual
For the One Month Period Ended July 31, 2026
Item #6.C
City Council Meeting
September 15, 2026
EXPENDITURES FY26 FY27 Annual YTD
Fund Actuals Actuals Budget Variance 8% Note
General Fund 157,449 204,846 3,064,667 (2,859,821) 7%
Special Revenue Funds:
Capital Projects Fund 127,952 10,717 3,010,168 (2,999,451) 0% A Community Development 19,836 72,890 674,354 (601,464) 11% COPS 8,333 8,333 100,000 (91,667) 8%
Gas Tax Fund 1,669 1,663 122,750 (121,087) 1%
Valle Vista LLD 2,570 4,274 49,714 (45,440) 9%
Rancho Vista CFD 2,649 4,987 58,352 (53,365) 9%
Copperleaf CFD 2,003 3,702 37,086 (33,384) 10%
Development Impact Fee Funds
Public/Civic Facility 225 225 2,700 (2,475) 8%
Library 370 370 4,440 (4,070) 8%
Storm Drain 286 286 3,432 (3,146) 8%
Park In-Lieu 25 25 300 (275) 8%
Public Safety 71 71 852 (781) 8%
Traffic 36 36 432 (396) 8%
Enterprise Funds:
Water:
Operations 45,750 63,345 926,400 (863,055) 7%
Capital - 79,126 1,968,962 (1,889,836) 4% A
Sewer
Operations 112,245 129,095 1,319,897 (1,190,802) 10%
Capital 8,431 2,056 725,298 (723,242) 0% A
TOTAL Funds 489,900 586,047 12,069,804 (11,483,757) 5%
Footnotes:
A ~ Capital fund transfers/costs are budgeted to be incurred by these funds. Since the costs/transfers occur sporadically during the year, they do not always align with the to date percentages, or prior year amounts.
Additionally, some projects have been moved to the next fiscal year.
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 7/1/2026 Through 7/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
7/15/2026 219361 ACWA Health Benefits Authority 22,154.17 7/15/2026 219362 All Clear Water Services 4,100.00
7/15/2026 219363 Alliant Insurance Services 1,092.00
7/15/2026 219364 Association of Monterey Bay Area Governments 908.78 7/15/2026 219365 att.com 67.39
7/15/2026 219366 Baker Supplies and Repairs 27.31
7/15/2026 219367 Burke, Williams & Sorensen, LLP 12,845.00 7/15/2026 219368 Canon Financial Services, Inc 849.27
7/15/2026 219369 Charter Communications 642.95
7/15/2026 219370 WEX BANK 977.35
7/15/2026 219371 City of Hollister 116,072.43
7/15/2026 219372 Clark Pest Control 537.00
7/15/2026 219373 CMAP 832.16
7/15/2026 219374 Craig Evans Pump Testing Service 325.00 7/15/2026 219375 Cypress Water Services 11,225.00
7/15/2026 219376 Data Ticket Inc. 200.00
7/15/2026 219377 Design Line & Granger 522.22
7/15/2026 219378 EMC Planning Group Inc. 2,292.11
7/15/2026 219379 ID Concepts 34.96
7/15/2026 219380 Mission Linen Service 84.25
7/15/2026 Mission Linen Service 305.85
7/15/2026 219381 MNS Engineers, Inc. 2,637.48
7/15/2026 MNS Engineers, Inc. 31,237.50
7/15/2026 219382 Monterey Bay Analytical Services 4,397.00 7/15/2026 219383 Monterey Bay Economic Partnership 5,000.00 7/15/2026 219384 New SV Media 267.12
7/15/2026 219385 P G & E 10,343.39
7/15/2026 P G & E 6,011.45
7/15/2026 219386 Pacific Library Partnership 750.00
7/15/2026 219387 Pet Waste Co 185.28
7/15/2026 219388 Pure Water Bottling Company 69.25
7/15/2026 219389 Ridgeline Municipal Strategies, LLC 1,868.75 7/15/2026 219390 Rojas Communications Group 1,500.00
7/15/2026 219391 Rx-Tek 637.50
7/15/2026 219392 San Benito Leadership Institute 2,000.00 7/15/2026 219393 Sentry Alarm System 135.00
7/15/2026 219394 Sound Design A/V Contractors 580.00
7/15/2026 Sound Design A/V Contractors 91.48
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 7/1/2026 Through 7/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
7/15/2026 219395 Specialty Construction, Inc. 892,473.72 7/15/2026 219396 Stoel Rives 104.00
7/15/2026 219397 T-Mobile 628.14
7/30/2026 219398 AFLAC 978.67
7/30/2026 219399 Agile Occupational Medicine 175.00
7/30/2026 219400 California Preservation Foundation 500.00 7/30/2026 219401 CALNET 330.40
7/30/2026 219402 Charter Communications 643.10
7/30/2026 219403 WEX BANK 580.36
7/30/2026 219404 California Municipal Clerks Association 300.00 7/30/2026
219405 City of Hollister 46,976.44
7/30/2026 City of Hollister 281.00
7/30/2026 219406 Clark Pest Control 229.00
7/30/2026 219407 Data Ticket Inc. 200.00
7/30/2026 Data Ticket Inc. 200.00
7/30/2026 Data Ticket Inc. 200.00
7/30/2026 219408 Department of Transportation 804.06
7/30/2026 219409 Discover San Juan Bautista 25.00
7/30/2026 219410 Elizabeth Soto 42.50
7/30/2026 219411 F. Loduca Co. 38,988.95
7/30/2026 219412 FedEx 46.49
7/30/2026 219413 Greenfields Outdoor Fitness 643.10
7/30/2026 219414 Kennedy, Archer & Giffen 62.00
7/30/2026 Kennedy, Archer & Giffen 465.00
7/30/2026 Kennedy, Archer & Giffen 4,061.00
7/30/2026 Kennedy, Archer & Giffen 186.00
7/30/2026 Kennedy, Archer & Giffen 310.00
7/30/2026 Kennedy, Archer & Giffen 930.00
7/30/2026 Kennedy, Archer & Giffen 93.00
7/30/2026 Kennedy, Archer & Giffen 910.00
7/30/2026 Kennedy, Archer & Giffen 1,365.00
7/30/2026 Kennedy, Archer & Giffen 806.00
7/30/2026 Kennedy, Archer & Giffen 155.00
7/30/2026 Kennedy, Archer & Giffen 1,116.00
7/30/2026 219415 Meyer Nave 5,839.50
7/30/2026 219416 Mission Linen Service 321.46
City of San Juan Bautista
Check/Voucher Register - Check Register Current Month
From 7/1/2026 Through 7/31/2026
1110 - Operating
Acct. 1948
Effective Date Check Number Vendor Name Check Amount
7/30/2026 219417 MNS Engineers, Inc. 1,050.00
7/30/2026 MNS Engineers, Inc. 990.00
7/30/2026 MNS Engineers, Inc. 2,302.50
7/30/2026 MNS Engineers, Inc. 2,310.00
7/30/2026 MNS Engineers, Inc. 8,370.00
7/30/2026 MNS Engineers, Inc. 5,571.25
7/30/2026 MNS Engineers, Inc. 55.00
7/30/2026 219418 Monterey Bay Analytical Services 3,056.00 7/30/2026 219419 Rx-Tek 675.00
7/30/2026 219420 Samuel Juarez 700.00
7/30/2026 219421 San Benito County Assessor 2,873.00
7/30/2026 219422 San Benito County Business Council 1,250.00 7/30/2026 219423 San Benito County Lulac Council 2890 200.00 7/30/2026 219424 Smith & Enright Landscaping 1,605.00
7/30/2026 Smith & Enright Landscaping 2,180.00
7/30/2026 Smith & Enright Landscaping 2,175.00
7/30/2026 219425 Stantec Consulting Services Inc. 72,433.57 7/30/2026 219426 T-Mobile 527.73
7/30/2026 219427 Hollister True Value 18.56
7/30/2026 Hollister True Value 100.97
7/30/2026 Hollister True Value 30.02
7/30/2026 Hollister True Value 38.19
7/30/2026 Hollister True Value 6.54
7/30/2026 219428 Tucker Construction, Inc 1,189.60
7/30/2026 219429 Univar Solutions 777.93
7/30/2026 Univar Solutions 1,384.14
7/30/2026 219430 US Bank 8,533.00
7/30/2026 219431 Wendy L. Cumming, CPA 7,743.75
7/30/2026 219432 at&t 156.70
7/30/2026 219433 Mission Linen Service 0.00
7/30/2026 219434 Department of Conservation 863.51
Report Total 1,374,943.25
Item No. #6.D
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY CLERK
FROM: ELIZABETH SOTO, CITY CLERK
BY: ELIZABETH SOTO, CITY CLERK
TITLE: CONFLICT OF INTEREST CODE - BIENNIAL REVIEW
RECOMMENDED MOTION:
Approve a Resolution approving amendments to Appendix B (Designated Positions) of the City's Conflict of Interest Code following the required biennial review.
RECOMMENDATION:
Staff recommends that the City Council approve revisions to Appendix B (Designated Positions) of the City's Conflict of Interest Code following the required 2026 biennial review. Staff's review determined that designated positions remain appropriate, existing vacant positions should be retained because they remain authorized classifications, and updates are necessary to clarify designated positions and disclosure category assignments EXECUTIVE SUMMARY:
The Political Reform Act of 1974 requires local agencies to review their conflict-of-interest codes every even-numbered year to ensure designated positions and disclosure requirements remain current. The City completed its required 2026 biennial review and determined that amendments to Appendix B, Designated Positions, are necessary to reflect organizational and classification changes. Adoption of the attached resolution will maintain compliance with the Political Reform Act and Fair Political Practices Commission (FPPC) requirements.
BACKGROUND:
The Political Reform Act of 1974 requires state and local government agencies to adopt and maintain conflict-of-interest codes identifying officials and employees whose governmental decisions may foreseeably affect their financial interests. Designated employees are required to file Statements of Economic Interests (Form 700) and disclose financial interests in accordance with their assigned disclosure categories.
Item No. #6.D
City Council Meeting
September 15, 2026
Page | 2
The Fair Political Practices Commission (FPPC) requires every local agency to review its conflict-of-interest code during each even-numbered year to determine whether amendments are necessary due to organizational changes, new positions, eliminated positions, renamed positions, or changes in responsibilities.
Staff conducted the required 2026 biennial review and reviewed the City's designated positions and disclosure category assignments. The city retained authorized positions that are currently vacant because they remain in the City's organizational structure and have not been eliminated by City Council action. Proposed revisions to Appendix B clarify designated positions and disclosure category assignments consistent with current job responsibilities.
CEQA CONSIDERATION:
Not a Project. The City of San Juan Bautista has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378(b)(5).
STRATEGIC PLAN:
This action supports the City’s goal of effective, transparent, and accountable government by maintaining compliance with the Political Reform Act and ensuring that required officials and employees disclose potential financial conflicts of interest.
DEPARTMENTAL COORDINATION:
The City Clerk/Administrative Services Director coordinates with all City departments to ensure the City's Conflict of Interest Code accurately reflects current organizational classifications and reporting responsibilities. The City Clerk serves as the City's filing officer for Statements of Economic Interests (Form 700) and is responsible for administering the City's annual, assuming office, and leaving office filing requirements; monitoring compliance with statutory deadlines; and coordinating with designated employees, commissioners, and department representatives to ensure timely and complete filings. Staff conducted the required biennial review of the City's Conflict of Interest Code in coordination with all departments to verify designated positions and disclosure requirements.
FISCAL AND SUSTAINABILITY IMPACT:
No fiscal impact.
ATTACHMENTS:
Resolution
Item #6.D
City Council Meeting
September 15, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
APPROVING REVISIONS TO APPENDIX B OF THE CITY'S CONFLICT OF INTEREST CODE FOLLOWING THE REQUIRED 2026 BIENNIAL REVIEW WHEREAS, the Political Reform Act of 1974 (Government Code Sections 81000 et seq.) requires local agencies to adopt and maintain a Conflict-of-Interest Code identifying designated officials and employees who make or participate in making governmental decisions; and
WHEREAS, designated officials and employees are required to file Statements of Economic Interests (Form 700) and disclose financial interests in accordance with the disclosure categories established by the City's Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission requires local agencies to review their Conflict-of-Interest Codes during each even-numbered year to determine whether amendments are necessary to reflect organizational changes, position reclassifications, additions, eliminations, or changes in responsibilities; and
WHEREAS, City staff conducted the required 2026 biennial review of the City's Conflict of Interest Code and determined that revisions to Appendix B are necessary to clarify designated positions and disclosure category assignments while retaining authorized positions that remain part of the City's organizational structure; and WHEREAS, vacant positions that remain authorized by the City and have not been eliminated by City Council action continue to be subject to the City's Conflict of Interest Code and therefore remain listed in Appendix B.
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.
Appendix B, "Designated Positions," attached hereto and incorporated herein by reference, is hereby approved and adopted as the revised Appendix B of the City's Conflict of Interest Code.
Section 3.
Except as amended herein, all other provisions of the City's Conflict of Interest Code shall remain in full force and effect.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on September 15, 2026, by the following vote:
Item #6.D
City Council Meeting
September 15, 2026
Page | 2
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_______________________
Leslie Q. Jordan, Mayor
ATTEST:
________________________
Elizabeth Soto, City Clerk
Page | 1
APPENDIX B
DESIGNATED POSITIONS
Department Position Category
Administration City Manager 1
Administration Assistant to the City Manager 1
City Attorney City Attorney 1
Community
Development
Assistant City Manager/Community Development
Director 1
Community
Development Building Official 1
Community
Development Associate Planner 3, 4
Community
Development Senior Planner 1
Community
Development Planning Manager 1
Public Works Public Works Supervisor 1
Public Works Water Pollution Control Superintendent 3, 4 Public Works Industrial Waste Inspector 4
City Clerk City Clerk/Administrative Services Director 1 City Clerk Deputy City Clerk 1
City Engineer City Engineer 1
City Engineer Deputy City Engineer 1
Finance City Treasurer 1
Finance City Accountant 1
Fire Department Fire Chief 1
Page | 2
Public Safety Public Safety Coordinator 1
Public Safety Code Enforcement and Community Services Officer 1 Item No. 6.E
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: APPROVAL OF AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH ROBERT D. NIEHAUS, INC.
FOR A WATER RATE STUDY
RECOMMENDED MOTION:
Approve a Resolution authorizing Amendment No. 1 to the Professional Services Agreement with Robert D. Niehaus, Inc. (RDN) to add a Comprehensive Water Rate Study for a firm-fixed amount of $29,860, increasing the total agreement amount from $28,320 to $58,180, and authorize the City Manager to execute and administer the amendment, subject to approval as to form by the City Attorney.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving Amendment No. 1 to the Professional Services Agreement with Robert D. Niehaus, Inc. for a Comprehensive Water Rate Study in the amount of $29,860.
EXECUTIVE SUMMARY:
On August 18, 2026, the City Council awarded a Professional Services Agreement to Robert D.
Niehaus, Inc. (RDN) for a Comprehensive Sewer Rate Study in the firm-fixed amount of $28,320. Following the award, staff met with RDN to discuss the City's need for an updated Water Rate Study and opportunities to coordinate the two utility rate studies.
RDN subsequently proposed performing the Water Rate Study for a firm-fixed amount of $29,860 when coordinated with the Sewer Rate Study, compared with $38,620 if performed independently. The coordinated approach provides a savings of $8,760 by reducing duplicative project management, data analysis, modeling, reporting, meetings, public outreach, and Proposition 218 activities.
The Water Rate Study will include a ten-year financial forecast supporting a proposed five-year rate schedule, cost-of-service analysis, evaluation of the City's existing rate structure and customer classifications, incorporation of regional water supply and capital obligations, rate design alternatives, financial modeling, peer-rate comparisons, community outreach, and Proposition 218 support. Amendment No. 1 would increase the total RDN agreement from $28,320 to $58,180 while allowing the City to coordinate key elements of its water and sewer financial planning.
BACKGROUND:
The City's current water rates are based on a Water Rate Study prepared by Bartle Wells Associates in 2022. The resulting five-year rate schedule culminates in FY 2026-27. Since that study was prepared, the City's water utility planning assumptions have continued to evolve, including the timing and cost of regional treated water supply, development of the Water Transmission Pipeline, capital improvement needs, grant funding, debt financing, reserve requirements, and future operating costs.
The 2022 study anticipated significant changes to the water enterprise associated with the City's transition toward imported treated surface water. An updated rate study is now appropriate to replace planning assumptions with the most current project, financing, operating, and customer information and to establish a new five-year rate framework supported by a longer-term financial forecast.
RDN is currently under contract to perform the City's Sewer Rate Study. Staff requested pricing to determine whether coordinating the Water Rate Study with the sewer work could provide cost and administrative efficiencies. RDN proposed performing the Water Rate Study for $29,860 when coordinated with the Sewer Rate Study, compared with $38,620 if performed independently. The coordinated approach reduces duplicative project management, data collection, meetings, modeling, reporting, and public-engagement efforts while maintaining the financial and cost-of-service analyses necessary to support rates for each utility enterprise.
DISCUSSION:
Water Rate Study Scope
RDN's proposed scope consists of six major work areas: project management, long-term financial planning, cost-of-service analysis, rate design, reports and models, and Proposition 218 assistance. The study will use a ten-year financial planning horizon to support development of a proposed five-year water rate schedule. RDN's existing Sewer Rate Study project team will also perform the water work, providing continuity in the review of City financial data, utility operations, capital planning, and policy objectives.
Approach Firm-Fixed Fee Difference
Independent Water Rate Study $38,620 —
Water Rate Study coordinated with Sewer Rate Study $29,860 $8,760 less Item No. 6.E
City Council Meeting
September 15, 2026
Page | 3
Scope and Deliverables
The Water Rate Study will include:
• A ten-year Water Enterprise financial forecast addressing operating costs, regional water supply and wholesale cost obligations, capital needs, debt service, reserves, grants, and other available funding sources;
• Cost-of-service analysis and review of existing customer classifications and cost allocations; • Evaluation of the City's existing fixed and volumetric charges, meter-size relationships, consumption patterns, and alternative rate structures;
• Incorporation of the planned Water Transmission Pipeline and other capital needs, anticipated grant and debt financing, and sensitivity or scenario analysis where project timing or costs remain uncertain;
• Evaluation of whether a pass-through or similar mechanism for future regional or wholesale water cost changes would be appropriate and legally supportable; • Development of a proposed five-year water rate schedule, peer-rate comparisons, financial modeling, and customer bill-impact information; and
• Proposition 218 assistance, including preparation and mailing of the notice, community workshops, and presentation at the Proposition 218 public hearing.
To achieve efficiencies, certain deliverables and public-engagement activities may be coordinated with the Sewer Rate Study, including reports, financial models, Proposition 218 notices, and hearings. The water and sewer analyses and rate justifications will be separately identified and documented as necessary to support the City's Proposition 218 administrative record for each utility enterprise.
Benefits of Coordinated Delivery
Coordinating the two studies provides both financial and administrative advantages. The City can reduce duplicative data requests, project onboarding, meetings, modeling, reporting, and public outreach while using the same consulting team for both utility enterprises. RDN's pricing reflects an $8,760 savings compared with performing the Water Rate Study independently.
Coordinated delivery will also allow staff and the City Council to consider the timing and affordability of potential utility rate adjustments within the same general planning period while maintaining separate cost-of-service analyses and rate justifications for each enterprise.
Contract Amendment
Amendment No. 1 would add the Comprehensive Water Rate Study to RDN's existing Professional Services Agreement for a firm-fixed amount of $29,860 and increase the total notto-exceed agreement amount from $28,320 to $58,180. All other terms and conditions of the existing Professional Services Agreement remain in effect except as expressly modified by the amendment.
Schedule
RDN anticipates performing the Water Rate Study from September 2026 through approximately April 2027, including the Proposition 218 process. The schedule is dependent upon timely receipt of City data and policy direction, availability of updated capital and financing information, and scheduling of public meetings. The water and sewer studies will be coordinated where practical.
CEQA REQUIREMENT:
The proposed action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5) because approval of a professional services amendment for preparation of a utility rate study is an organizational and administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment. Approval of the amendment does not itself establish or increase water rates. Any future water rate action will be considered separately following the applicable Proposition 218 process.
FISCAL IMPACT:
The proposed concurrent Water Rate Study is a firm-fixed amount of $29,860 and would be funded through the Water Enterprise Fund. The existing Sewer Rate Study contract is $28,320; Amendment No. 1 would increase the total agreement amount to $58,180. The concurrent water option is $8,760 less than RDN's $38,620 standalone Water Rate Study proposal. No General Fund contribution is proposed.
STRATEGIC PLAN ALIGNMENT:
• Infrastructure Investment and Modernization;
• Transparent and Responsive Government; and
• Organizational Capacity and Professionalization.
CONCLUSION:
The City is approaching the end of its current water-rate planning period while significant watersupply, capital, operating, and financing assumptions continue to be updated. Staff recommends approving Amendment No. 1 to add a Comprehensive Water Rate Study to RDN's existing engagement. Coordinating the water and sewer studies provides the City with a comprehensive, Proposition 218-focused analysis while reducing the cost of the Water Rate Study by $8,760 compared with performing the study independently.
ATTACHMENTS:
1. Resolution
2. Professional Services Agreement Amendment No. 1 with Robert D. Niehaus, Inc.
3. RDN Water Rate Study Proposal dated August 31, 2026
Item No.: ___
City Council Meeting
September 15, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH ROBERT D. NIEHAUS, INC. TO ADD A COMPREHENSIVE
WATER RATE STUDY
WHEREAS, on August 18, 2026, the City Council awarded a Professional Services Agreement to Robert D. Niehaus, Inc. ("RDN") for preparation of a Comprehensive Sewer Rate Study for a firm-fixed amount not to exceed Twenty-Eight Thousand Three Hundred Twenty Dollars ($28,320); and
WHEREAS, the City's current water rates are based on a Water Rate Study prepared in 2022 and a five-year rate schedule that culminates in FY 2026-27; and WHEREAS, since preparation of the prior Water Rate Study, the City's water utility planning assumptions have continued to evolve, including regional treated water supply costs, the Water Transmission Pipeline and other capital needs, grant and debt financing, reserve requirements, and future operating costs; and
WHEREAS, City staff evaluated whether cost and administrative efficiencies could be achieved by coordinating an updated Water Rate Study with RDN's existing Sewer Rate Study; and
WHEREAS, RDN proposed performing the Water Rate Study for a firm-fixed amount of Twenty-Nine Thousand Eight Hundred Sixty Dollars ($29,860) when coordinated with the Sewer Rate Study, compared with Thirty-Eight Thousand Six Hundred Twenty Dollars ($38,620) if performed independently; and
WHEREAS, coordinating the two studies provides a savings of Eight Thousand Seven Hundred Sixty Dollars ($8,760) by reducing duplicative project management, data analysis, modeling, reporting, meetings, public outreach, and Proposition 218 activities while maintaining the financial and cost-of-service analyses necessary to support rates for each utility enterprise; and
WHEREAS, the proposed Water Rate Study includes a ten-year financial forecast supporting a proposed five-year rate schedule, cost-of-service analysis, evaluation of the City's existing rate structure and customer classifications, incorporation of regional water supply and capital obligations, rate design alternatives, financial modeling, peer-rate comparisons, community outreach, and Proposition 218 assistance; and WHEREAS, Amendment No. 1 would add the Comprehensive Water Rate Study for a firm-fixed amount of Twenty-Nine Thousand Eight Hundred Sixty Dollars ($29,860), increasing the total not-to-exceed amount of the Professional Services Agreement from Twenty-Eight Thousand Three Hundred Twenty Dollars ($28,320) to Fifty-Eight Thousand One Hundred Eighty Dollars ($58,180); and
Item No.: ___
City Council Meeting
September 15, 2026
Page | 2
WHEREAS, approval of Amendment No. 1 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 approves Amendment No. 1 to the Professional Services Agreement with Robert D. Niehaus, Inc. to add a Comprehensive Water Rate Study for a firm-fixed amount of $29,860, thereby increasing the total not-to-exceed amount of the Agreement to $58,180.
SECTION 3.
The City Manager is authorized to finalize and execute Amendment No. 1, subject to approval as to form by the City Attorney.
SECTION 4.
The City Manager is authorized to administer the amended Agreement consistent with the City's purchasing policies and delegated contracting authority. Any future amendment that materially expands the scope or exceeds the City Manager's delegated authority shall be presented to the City Council for approval.
SECTION 5.
The additional $29,860 authorized by this Resolution shall be funded from the Water Enterprise Fund.
SECTION 6.
The City Council finds that approval of Amendment No. 1 is exempt from CEQA pursuant to CEQA Guidelines Section 15378(b)(5).
SECTION 7.
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 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Item No.: ___
City Council Meeting
September 15, 2026
Page | 3
APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
_____________________
Elizabeth Soto, City Clerk
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT
ROBERT D. NIEHAUS, INC.
This Amendment No. 1 ("Amendment") to the Professional Services Agreement is made and entered into as of September 15, 2026 ("Amendment Effective Date"), by and between the City of San Juan Bautista, a California general law city ("City"), and Robert D. Niehaus, Inc. ("Consultant"). City and Consultant may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. The Parties entered into a Professional Services Agreement effective August 18, 2026 ("Agreement") for Consultant to prepare a Comprehensive Sewer Rate Study for a firm-fixed amount not to exceed $28,320.
B. The City desires to obtain a Comprehensive Water Rate Study and has determined that coordinating the water work with Consultant's existing Sewer Rate Study can provide cost and administrative efficiencies.
C. Consultant submitted a revised proposal dated August 31, 2026, to perform the Comprehensive Water Rate Study for a firm-fixed amount of $29,860.
D. The Parties desire to amend the Agreement to add the Water Rate Study scope and increase the total not-to-exceed compensation accordingly.
NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
1. ADDITIONAL SCOPE OF SERVICES
The Scope of Services in the Agreement is amended to add the Comprehensive Water Rate Study described in Exhibit A-1, attached hereto and incorporated herein by this reference.
2. WATER RATE STUDY DELIVERABLES
Consultant shall perform the Comprehensive Water Rate Study in accordance with Exhibit A-1.
The Water Rate Study shall include a ten-year financial forecast supporting a proposed five-year rate schedule and shall incorporate the City's regional water supply and wholesale cost obligations, planned capital improvements, anticipated grants and debt financing, reserve requirements, and other relevant Water Enterprise financial obligations.
The Water and Sewer Rate Studies shall be coordinated, where practical, through combined reports, financial models, public outreach, Proposition 218 notices, and hearings, provided that the analysis and rate justification for each utility enterprise are separately identified and documented as necessary to support the City's Proposition 218 administrative record.
3. COMPENSATION
Section 3.1 of the Agreement is amended to increase the total not-to-exceed compensation by Twenty-Nine Thousand Eight Hundred Sixty Dollars ($29,860) for the Comprehensive Water Rate Study. Total compensation under the Agreement, as amended, shall not exceed Fifty-Eight Thousand One Hundred Eighty Dollars ($58,180) without further written authorization in accordance with the Agreement and applicable City authority.
The $29,860 Water Rate Study fee is firm-fixed and includes all labor, project management, overhead, travel, meetings, presentations, materials, and other costs necessary to complete the Water Rate Study as described in Exhibit A-1. The fixed fee includes preparation, printing, postage, and mailing of a combined Water and Sewer Proposition 218 notice to approximately 800 City utility customers.
4. INVOICING
Consultant may invoice monthly based upon percentage completion of each major Water Rate Study task. Each invoice shall identify the applicable task, percentage completed, amount billed during the period, and cumulative amount billed to date. Total compensation attributable to the Water Rate Study shall not exceed $29,860.
5. SCHEDULE
Consultant shall coordinate the Water Rate Study with the Sewer Rate Study where practical.
The Water Rate Study is anticipated to proceed from September 2026 through approximately April 2027, subject to timely receipt of City data and policy direction, availability of updated capital and financing information, and scheduling of public meetings.
6. NO OTHER CHANGES
Except as expressly modified by this Amendment, all terms and conditions of the Agreement remain unchanged and in full force and effect.
7. COUNTERPARTS AND ELECTRONIC SIGNATURES
This Amendment may be executed in counterparts, each of which shall be deemed an original.
Electronic and PDF signatures shall have the same force and effect as original signatures.
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the Amendment Effective Date.
CITY OF SAN JUAN BAUTISTA ROBERT D. NIEHAUS, INC.
By: ______________________________
Ashley Collick, City Manager
By: ______________________________
Jack Lyon, Director of Business Development
Date: ____________________________ Date: ____________________________ APPROVED AS TO FORM:
__________________________________
City Attorney
EXHIBIT A-1
COMPREHENSIVE WATER RATE STUDY SCOPE OF SERVICES
Robert D. Niehaus, Inc.'s revised Water Rate Study Proposal dated August 31, 2026, is incorporated herein by reference as the Scope of Services for the Comprehensive Water Rate Study, subject to the terms and conditions of Amendment No. 1.
In the event of any inconsistency between the proposal and Amendment No. 1, the terms of Amendment No. 1 shall control.
RDN Page 1 Water Rate Study
Robert D. Niehaus, Inc.
City of San Juan Bautista
Proposal for
Water Rate Study
August 31, 2026
Submitted By:
Robert D. Niehaus, Inc.
140 East Carrillo Street
Santa Barbara, CA 93101
Authorized Representative: Jack Lyon
Title: Director of Business Development
Email: [email protected]
Phone: 805.618.1356
Submitted To:
Attn: Ashley Collick
City Manager
311 2nd Street / P.O. Box 1420
San Juan Bautista, CA 95045
[email protected]
RDN Page 2 Water Rate Study
This Page Intentionally Left Blank
RDN Page 3 Water Rate Study
August 31, 2026
Ashley Collick Jack Lyon, Director of Business Development City Manager (805) 618-1356 | [email protected]
City of San Juan Bautista Robert D. Niehaus, Inc.
311 2nd Street / P.O Box 1420 140 E Carrillo Street
San Juan Bautista, CA 95045 Santa Barbara, CA 93101
Subject: Proposal for Water Rate Study
Dear Ms. Collick and the City of San Juan Bautista,
Robert D. Niehaus, Inc. (RDN) is pleased to submit this proposal to the City of San Juan Bautista (City) to conduct a Water Rate Study (Study). At the City’s request, RDN has developed two cost options. The first provides for a standalone Water Rate Study conducted on a separate timeline from the City’s already-contracted Sewer Rate Study, given the City’s desire to execute the Sewer Rate Study expeditiously. The second reflects the cost and administrative efficiencies available by conducting the Water and Sewer Rate Studies concurrently. RDN is well qualified to support the City in this effort and offers the benefit of an existing project team already executing the City’s Sewer Rate Study.
RDN is an employee-owned economic and financial consultancy specializing in rate- and fee-setting services for California utilities. Founded in 1983, RDN has over 40 years of experience and has completed more than 1,000 successful projects. Through this experience, our team has developed a deep understanding of the economic, financial, political, and regulatory challenges involved in designing and adopting utility rates in California.
Our team is particularly adept and experienced working with utilities with fewer than 3,000 connections. RDN has worked with over 40 utilities across California with fewer than 3,000 connections and is a preferred partner of the California Rural Water Association (CRWA). This includes over 20 utilities in northern California, where we strive to take the lead on data synthesize to alleviate the burden from staff as much as possible.
Dr. Robert Niehaus will serve as Project Director and brings more than 45 years of experience. He will provide overall accountability for the Study and ensure the project is completed on time, withing budget, and to the City’s satisfaction. Anthony Elowsky will serve as Project Manager with 10 years of consulting experience and more than 50 rate studies managed. Ichiko Kido will serve as QA/QC Consultant and brings more than 20 years of experience in utility financial analysis. In addition, RDN will draw upon a bench of 16 highly skilled Californiabased consultants to support analyses and deliverable preparation as needed.
Please coordinate with Jack Lyon if you would like to discuss our proposal, which is valid for a 90-day period.
Jack is authorized to negotiate and execute contracts. We have reviewed the City’s Professional Services Agreement and confirm that the terms are acceptable without exception. RDN exceeds City insurance requirements. We appreciate your consideration and would be honored to assist the City on this important project.
Sincerely,
Robert D. Niehaus, Ph.D. Jack Lyon
Managing Director, Principal Economist Director of Business Development RDN Page 4 Water Rate Study
TABLE OF CONTENTS
Table of Contents...........................................................................................................................................4 Background on Firm.......................................................................................................................................5 Qualifications..........................................................................................................................................................5 Statement of Understanding and Approach ....................................................................................................7 Related Experience.................................................................................................................................................8 Scope of Work ...............................................................................................................................................9 Task 1. Project Management..............................................................................................................................9 Task 2. 10-year Financial Plan ..........................................................................................................................10 Task 3. Cost of Service Analysis........................................................................................................................11 Task 4. Rate Design...........................................................................................................................................12 Task 5. Reports and Models.............................................................................................................................13 Task 6. Proposition 218 Assistance ..................................................................................................................15 Schedule......................................................................................................................................................16 References...................................................................................................................................................17 Fee Proposal................................................................................................................................................18 Option 1 – Independent Water Rate Study..........................................................................................................18 Option 2 – Concurrent Water & Sewer Rate Study..............................................................................................19 RDN Page 5 Water Rate Study
BACKGROUND ON FIRM
Company Overview
RDN is an employee-owned economic and financial
consulting firm with 24 consultants, headquartered
in Santa Barbara, delivering solutions to California
utilities and Federal agencies since 1983. Our utility
rate practice group specializes in financial planning,
cost-of-service analysis, and rate and connection fee
design for California water and Water utilities.
Project Team Experience & Qualifications
Our proposed project team has decades of experience conducting California rate and fee studies. Dr.
Robert Niehaus, proposed Project Director, has successfully assisted over 1,000 government projects and over 100 water and Water agencies in California with financial planning and rate-setting consulting for over 45 years. Anthony Elowsky, proposed Project Manager, has managed over 50 California rate and fee studies over 10 years of consulting. Ichiko Kido, proposed QA/QC Consultant, has assisted over 100 agencies with more than 20 years of industry experience.
Our team has a deep understanding of the economic, financial, political, and regulatory challenges for adopting rate and fee studies in California under Proposition 218. We are adept at facilitating policy discussions to understand project goals and objectives and presenting at public meetings with elected officials and customers throughout the rate-setting process. This includes rate workshops, customer outreach, and Proposition 218 hearings. We also excel at distilling complex technical concepts and data into easy-to-understand presentations, reports, and models. We think big picture while paying close attention to details. Finally, we are an outcome-based team: your utility rate success is our success.
QUALIFICATIONS
We propose a project team of four as presented below. Our deep bench of 20 California consultants will be leveraged as needed. Requested project team qualifications and information are highlighted below.
Please refer to our resumes appended to this proposal for detailed qualifications.
Robert Niehaus
Project Director
Anthony Elowsky
Project Manager
Ichiko Kido
QA/QC Consultant
Zachary Van Dinther
Consultant
RDN BY THE NUMBERS
➢ $8M Annual Revenue | 24 Consultants
➢ 1,000+ Projects Accomplished Worldwide
➢ 100+ Years of Project Team Experience
➢ 50 States Served | 16 Countries Served
➢ 42 Years Consulting for Utility Systems
RDN Page 6 Water Rate Study
Robert Niehaus, Project Director
Key Tasks: Oversee project methodology, assumptions, deliverables; responsible for overall project staffing, budget, and schedule.
Summary of Qualifications: Robert has more than 45 years of consulting experience and has served as Project Director for more than 100 cost of service rate and capacity fee studies in California, and more than 1,000 economic and financial projects across all 50 states and 16 countries. He holds a Ph.D. in Economics from the University of Maryland.
Anthony Elowsky, Project Manager
Key Tasks: Serve as primary contact for City staff; manage project schedule and budget; lead data collection, project tasks, and analysis; review project deliverables; and ensure timely, on-budget, successful execution of the scope of work.
Summary of Qualifications: Anthony has 10 years of consulting experience, eight with RDN, managing over 50 California water, recycled water, and Water rate and fee studies. His expertise lies in water and Water financial planning, cost of service analysis, and rate and fee design. Anthony is well-versed in Proposition 218 requirements. He has also conducted comparative water rate analyses and compiled and analyzed data on water rates and financial information for more than 100 purveyors throughout California. He promotes best practices in the AWWA’s Manual M1 Principles of Water Rates, Fees and Charges and the WEF Manual of Practice Number 27. Anthony received his M.A. from California State University, Fullerton.
Ichiko Kido, QA/QC Consultant
Key Tasks: Quality assurance and quality control; technical guidance; model and report review.
Summary of Qualifications: Ichiko has more than 20 years of public-sector consulting experience and specializes in financial planning and rate design for California utilities. Ichiko is passionate about finetuning customized Excel financial models to best meet each client's needs. She has reviewed water and Water rates and financial plans for more than 200 utilities in California. Ichiko received her MBA from the Martin V. Smith School of Business & Economics, California State University, Channel Islands.
Zachary Van Dinther, Consultant
Key Tasks: Conduct financial, economic, and rate analysis; collect and analyze data; draft reports; work with the Project Manager to complete project tasks.
Summary of Qualifications: Zachary has more than six years of economic and financial rate consulting experience, working with over 25 water, recycled water, and Water utilities. He is an expert in Excel and adept at econometric customer-demand projections and visualizing proposed bill impacts, leveraging coding skills. Zachary received his B.A. in Environmental Economics from Michigan State University, where he researched with Dr. Jan Beecher for the Institute of Public Utilities.
RDN Page 7 Water Rate Study
STATEMENT OF UNDERSTANDING AND APPROACH
Study Objectives:
• Developing Sound Financial Planning – RDN’s experience working with smaller agencies ensures that our financial planning process results in adequate revenues to maintain the increasing cost of operations, fund historically deferred maintenance of infrastructure, meet all existing and future debt that may be needed to finance capital improvements, and establish reserve policies. • Applying Appropriate Cost of Service – RDN’s focus on customer equity will inform the appropriateness of existing or proposal of new user classifications. We have worked extensively with heterogeneous communities across California, including agricultural communities, and understand the unique demands these customer classes place on utility systems. • Designing Flexible Rates – No rates designed by RDN have ever been contested under Proposition 218.
We will work with City staff and community to initiate a comprehensive rate plan in accordance with Proposition 218. Rates will be designed to not overburden customers and only collect the true cost of providing service.
Task Summary:
• Project Management: We will request City data prior to project kickoff to support an informed kickoff meeting. At the kickoff meeting, we will solidify the project timeline and priorities. Bi-weekly progress meetings will be held as appropriate.
• Financial Plan: Review City data to develop 10-year financial plans, carefully considering current and projected Water connections, operations and maintenance expense, capital needs, debt, and reserves. • Cost of Service: Follow the American Waterworks Association M1, and Proposition 218 and 26 to allocate costs equitably to customers, and carefully consider recent California case law. • Rate Design: Offer different rate options for City leadership to evaluate, highlighting the pros and cons of each option relative to City policy objectives and risk while ensuring sufficient revenues. • Reports & Models: Draft comprehensive, detailed reports clearly demonstrating the nexus between City costs and proposed rates, serving as the City’s Administrative Record. Excel models are built for annual financial planning and executive review.
• Proposition 218 Assistance: Develop Proposition 218 Notification with City attorney. Attend two inperson community workshops. Attend in-person hearing to explain the study inputs, methodologies, and results.
City and Consultant Responsibilities:
• Consultant Responsibilities: RDN will develop project timelines, produce interim reports, and host remote meetings with staff. We will also ensure that all rate proposals are consistent with all State regulations. RDN will actively educate chosen staff on the decisions made during each stage of the rate process.
• City Responsibilities: Staff will be responsible for providing timely feedback and direction for project deliverables, as well as submitting and reviewing data as needed.
RDN Page 8 Water Rate Study
RELATED EXPERIENCE
Presented below is a partial list of financial planning, cost of service rate studies, or fee studies that our proposed project manager, Anthony Elowsky, recently served in the role of Project Manager or Lead Analyst for RDN.
# Agency Project
1 City of Alhambra Water Rate Study
2 City of California City Water and Wastewater Rate Study; Capacity Fee Study 3 City of Corona Water Budget, Recycled Water, Wastewater, Electric Rate Study 4 City of Greenfield Water and Wastewater Rate Study
5 City of Huntington Beach Wastewater Rate Study
6 City of Loyalton Wastewater Rate Study
7 City of Lynwood Water and Wastewater Rate Study
8 City of San Fernando Water and Wastewater Rate Study
9 City of Santa Ana Water, Recycled, and Wastewater Rate Study 10 Costa Mesa Sanitary District Wastewater Rate Study
11 Greenfield CWD Water Rate Study
12 Hi-Desert MWC Water Rate Study
13 Hilton Creek CSD Wastewater Rate Study
14 Juniper Riviera CWD Water Rate Study
15 Jurupa CSD Water and Wastewater Rate Study
16 Lake Arrowhead CSD Water and Wastewater Rate Study
17 Lone Pine CSD Wastewater Rate Study
18 Lost Hills Utility District Wastewater Rate Study
19 Mammoth Community Water District Water and Wastewater Rate Study 20 Meiners Oaks Water District Water Rate Study
21 Mid Peninsula Water District Water Capacity Fee Study 22 Montecito Sanitary District Wastewater Rate and Fee Study 23 Moulton Niguel Water District Water, Wastewater, Recycled Water Cost of Service Peer Review 24 Napa County (LBRID/NBRID) Water and Wastewater Rate Studies 25 Orosi Public Utility District Wastewater Rate Study
26 Palmdale Water District Water Budget Rate Study
27 Patterson Tract CSD Water Rate Study
28 Quartz Hill Water District Water Rate Study
29 Rand CWD Water Rate Study
30 Redway CSD Water and Wastewater Rate Study
31 Rosamond CSD Water and Wastewater Rate Study
32 Santa Clarita Valley Water Agency Ratepayer's Advocate for Water, Recycled Water, Wholesale Rate Study 33 Serrano Water District Water Budget Rate Feasibility Study 34 Sheep Creek WC Water Rate Study
35 South Coast Water District Water, Recycled, and Wastewater Rate Study; Water Budget Feasibility Study 36 Thunderbird CWD Water Rate Study
37 Ventura River Water District Water Budget Rate Study 38 Victor Valley Wastewater Reclamation Authority Wastewater Financial Plan 39 West Valley CWD Water Rate Study
40 West Valley Water District Development Impact Fee Study RDN Page 9 Water Rate Study
SCOPE OF WORK
Task 1. Project Management
Project Management
RDN is committed to providing transparent project management and open communication with the City.
Throughout the Study, RDN will schedule interim status webinars to discuss progress, schedule, and to present preliminary results for City feedback. RDN will develop an internal Project Management Plan (PMP) that serves as a roadmap for the project team, defining project goals and objectives, scope of work, deliverables, budget, schedule, administrative procedures, and filing requirements.
Kick-Off Meeting/Progress Meetings
Prior to the kickoff meeting, RDN will submit a detailed data request to the City. The data request will include audits, budgets, general plans, capital improvement plans, customer billing records, debt service schedule, prior financial plan and cost allocation models, reserve policies, among other data. For data validation and quality assurance, RDN may request additional data throughout the study to reconcile any inconsistencies.
The kickoff meeting will serve as a forum where City staff and RDN will meet to discuss project objectives, approach, work plan, schedule, and priorities. Bi-weekly progress meetings with staff will be held via webinar. Each month RDN will provide a summary report charting the current progress on each task, data needs, current issues that need to be resolved, project schedule update, and status of action items from the previous report.
Table 1. Task 1 – Project Management Deliverables
Meetings ▪ Kickoff meeting
▪ Bi-weekly progress meetings via teleconference
RDN Deliverables
▪ Data request
▪ Meeting agendas and minutes
▪ Monthly progress reports and invoices
City Deliverables ▪ Response to data request
Objective: RDN is committed to providing transparent project management that fosters collaboration and ensures study success. We will prepare a Project Management Plan that will guide project administration. Our quality assurance processes will ensure that products are delivered error-free. Ahead of the kickoff meeting, we will provide the City with a detailed data request form. At the kickoff meeting, we will solidify the project timeline and priorities. We will also hold bi-weekly meetings to discuss project progress.
RDN Page 10 Water Rate Study
Task 2. 10-year Financial Plan
Demand Projections/Revenue Analysis
RDN will conduct detailed demand and growth projections to ensure the City’s revenue forecast and cash flow analysis are accurate. Based on the growth and demand projections, we will forecast revenue using the existing rates. We will also identify any changes to other revenues such as miscellaneous charges, property taxes, and investment income.
Operation and Maintenance Expenses
Using the City’s budgetary documents, we will
project operating and maintenance (O&M)
expenses and develop reasonable inflationary
factors for relevant itemized expenses using reliable
published sources or the City’s historical data. We
will compare the utility’s costs against appropriate
industry benchmarks. We also incorporate any
known changes to personnel, level of service, or
projected growth. RDN will incorporate the City's regional water supply and wholesale/fixed-cost obligations, planned Water Transmission Pipeline and other capital needs, anticipated grant and debt financing, and scenario/sensitivity analysis where the timing or amount of those costs remains uncertain.
Each expense item will be categorized as either fixed or variable and direct or indirect to ensure that costs are allocated to the correct rate structure components when designing rates.
Capital Improvement Funding
RDN will review the capital projects plan and explore financing options based on the timing of proposed revenue adjustments and scheduled repairs and replacements. We will also incorporate long-term replacement needs detailed in the City’s Master Planning documents. Funding sources may include cash reserves, grant funding, debt proceeds, or PAYGO (pay as you go), each with different rate impacts. The City may also consider changes in capital expenditure timing to mitigate short-term rate impacts and smooth revenue requirements.
Reserve Funding
RDN will recommend how to best build ideal reserve targets. We will review the City’s reserve policies and develop an implementation plan that maintains recommended balances for each fund that are consistent with the City’s financial goals, risk tolerance, and capital improvement projects.
Revenue Requirements
Objective: RDN will review City data to develop a 10-year financial plan based on revenue generated from current rates, fees, and other revenue sources, budgeted and projected expenses, potential debt service payments, and reserve contributions. The cash flow projections and revenue requirements will plan for the study period. To project revenue and costs, we use an econometric, data-driven approach that provides the highest level of accuracy and reliability for the City’s financial plan.
Fixed/Variable Costs
RDN will identify fixed and variable costs
through a detailed analysis of the City’s current
expenses. Fixed cost recovery will ideally be
apportioned through guaranteed revenue
sources to ensure that the City will not fall short
on necessary revenues.
RDN Page 11 Water Rate Study
The cash flow analysis will project revenues, expenses, debt obligations, and future funding needs to determine necessary revenue adjustments for the study period. The total cost will be offset by other sources of revenue such as property taxes, investment earnings, and rental income. RDN will assess if revenue adjustments are needed to eliminate cumulative revenue deficiency or surplus by the end of the study period. Revenue adjustments will also meet debt covenants by maintaining the required debt service coverage ratio. The objective is to develop rates which minimize customer impacts while achieving a healthy cash flow mechanism for the next five years.
Table 2. Task 2. – Long-Term Financial Plan Deliverables Meetings ▪ Progress meetings via teleconference
RDN Deliverables ▪ Financial planning models in Excel
▪ Summary Report
City Deliverables ▪ Comments, responses, and recommendations to draft report Task 3. Cost of Service Analysis
Review Customer Classes
RDN will evaluate the City’s customer classifications and recommend any necessary changes. Assigning costs accurately to classes of customers based on their service requirements is critical to designing Proposition 218-compliant rates. We will explore alternative cost allocations to find which best aligns with the City’s goals.
Cost Functionalization
A utility system is composed of various facilities that serve a particular function. With input from City staff, each expense identified in the financial plan will be carefully allocated to the industry standardized functions of each system in our model. These functions can be customized based on the City’s organizational structures and account for fixed and variable costs.
Cost Allocation to Cost Causative Components
For Water utilities, cost causative components can include water supply costs, delivery costs, meter related services, fire protection, and customer-related services. We will ensure that costs are appropriately allocated to their respective cost component to ensure cost proportionality between customers.
Cost Allocation to Customer Classes
As a final step of the cost of service analysis, the costs of each component are allocated back to each customer class based on their service requirements. This analysis permits the utility to adhere to the Objective: RDN will allocate costs among customers commensurate with their service requirements. We will evaluate existing customer classes and recommend changes to cost allocations, as necessary. The cost of service analysis will ensure that costs are equitably distributed to ratepayers in compliance with Proposition 218 and that established rates adequately cover the costs to provide reliable service.
RDN Page 12 Water Rate Study
general principle of cost proportionality (particularly relevant under Proposition 218), under which the rates paid by customer classes are directly proportional to the costs each class imposes on the City as a whole.
Table 3. Task 3. – Cost of Service Analysis Deliverables Task 4. Rate Design
Evaluate the Current Rate Structures & Identify Rate Alternatives We will perform a comprehensive review of the utility’s current rate structures to assess the advantages and disadvantages of the existing rates. We will evaluate rate adjustment alternatives designed to recover the revenue requirements identified in the financial plan, the City's existing fixed and volumetric charges, meter-size relationships, customer classifications, and consumption patterns. We will provide rate options for City staff and Council that adequately fund the revenue requirements and the City can choose the option that best conforms with stated goals.
Develop Recommended Rates
RDN will develop Water rates with the flexibility to evaluate alternative rate structures. We will review customer class water use patterns and recommend any necessary rate adjustments. We will also determine whether a pass-through or similar mechanism for future regional/wholesale water cost changes would be appropriate and legally supportable. The result will be rate structure recommendations that are easy to understand and administer, provide revenue adequacy, and comply with Proposition 218. We will ensure that rates can be administered through the City’s billing software, Muni. Rates will be developed for a five year period.
Rate Comparison Survey
We will prepare a rate comparison survey of at least five comparable agencies to benchmark the City’s current and proposed Water rates. We will request City input on agencies to include in the survey and summarize the results for public outreach, presentations, and the report.
Meetings ▪ Progress meetings via teleconference
RDN Deliverables ▪ Cost of service analysis in Excel
▪ Summary Report
City Deliverables ▪ Cost of service analysis feedback
Objective: RDN will design five years of Water rates that follow cost-of-service ratemaking principles as outlined in the AWWA M1. We will review the Water utility’s current rate structures for all customer classes and provide recommendations to ensure revenue adequacy while maintaining rate affordability.
Recommended rates will have a clear connection between the costs and pricing to ensure compliance with all legal requirements, including Proposition 218.
RDN Page 13 Water Rate Study
Table 4. Task 4 – Rate Design Deliverables
Task 5. Reports and Models
Rate Models
The models will be developed in an easy-to-use Microsoft Excel format designed to allow staff to conduct sensitivity scenarios by testing various assumptions through an interactive dashboard. Factors that may be adjusted in the rate models include staff levels and salaries, operating expense levels, CIP spending, capital equipment funding, impacts of rate increases, and pass-through charges. The models will be introduced to staff early in the study process. We will add worksheets gradually as we perform key analyses through the study and ask for the City’s review. By the time the study is complete, staff will be fully familiarized with the models and be able to use the models to make data-driven decisions. Any changes to the underlying models will appear instantly in a dashboard for quick executive evaluation.
Rate Study Reports
The draft rate study reports will contain an overview, study objectives, assumptions, regulatory requirements, and methodologies. They will discuss short- and long-term financial planning, capital planning, cost of services, rate-setting analysis, bill impacts, and comparison surveys. Key outputs of data, analysis, and rationale will be visualized in the reports. The visualizations provided in the reports will be an effective tool to communicate conclusions to the City Council, customers, and other stakeholders.
We will incorporate City feedback into the final report and clearly demonstrate the nexus between costs and recommended rates in simple terms to fulfill all Proposition 218 reporting requirements.
Table 6. Task 5. – Reports and Models Deliverables
Meetings ▪ Progress meetings via teleconference
RDN Deliverables ▪ Final Rate models in Excel
▪ Draft and final reports in Word and PDF formats
City Deliverables ▪ Comments, responses, and recommendations to draft report Meetings ▪ Progress meetings via teleconference
RDN Deliverables
▪ Recommended rate adjustments
▪ Draft rate models in Excel
▪ Rate comparison survey
City Deliverables ▪ Policy goals and objectives for rates ▪ Rate feedback
Objective: RDN will provide final executive reports and Microsoft Excel models for the rate studies to City staff upon project completion. Our reports will describe the process of the rate studies in sufficient detail to meet Proposition 218 and all other relevant legal requirements.
RDN Page 14 Water Rate Study
RDN Page 15 Water Rate Study
Task 6. Proposition 218 Assistance
Proposition 218 Notice
We will work with City staff and legal counsel to prepare a Proposition 218 notice within the 45-day noticing period. The notice will outline the proposed rate changes, the reasons for the changes, and the right for customers to challenge the rates. It is our understanding that the RDN will print and mail the notices.
Two Community Outreach Workshops
RDN will conduct two rate workshopsfor the community and the City Council to explain the relative pros and cons for various rate scenarios and to promote the value of the water system. We will answer any questions about rate study inputs and results. We will prepare a PowerPoint presentation and handouts discussing the goals and objectives of the study, the financial plan, proposed rate structure modifications, and customer bill impacts. The presentations will be available for City review prior to the meetings.
Proposition 218 Hearing
RDN will present the results of the Study at the Proposition 218 Public Hearing and answer questions from the City Council and public. RDN uses clear, concise language and visual messaging to clearly communicate the rate study process and why the recommended rate structure was selected. We will provide a draft presentation for City review and incorporate any feedback into the final presentation.
Table 7. Task 6 – Meetings and Proposition 218 Deliverables Meetings ▪ Two community outreach workshops
▪ Proposition 218 Public Hearing
RDN Deliverables
▪ Workshop presentations
▪ Proposition 218 Hearing Notice
▪ Draft and final Hearing presentations
City Deliverables ▪ Comments and recommendations to draft presentation ▪ Mailing Proposition 218 notices
Objective: RDN will attend the Proposition 218 Hearing in person. We will also attend two community workshops to discuss rate study results and any questions that may arise. RDN’s Proposition 218 support will include Proposition 218 notice design and an engaging presentation at a City Council meeting that effectively communicates the City’s message, financial standing, and outlook.
RDN Page 16 Water Rate Study
SCHEDULE
RDN will complete the scope of services within the timeframe scheduled below. The proposed schedule assumes a notice to proceed by mid-September 2026, that RDN will receive data requested in a timely manner, and that RDN will be able to schedule necessary meetings. We have an exceptional track record of delivering rate studies on schedule and invite you to connect with our references to validate our schedule control.
TASKS
1. Project Management ●
2. Long-Term Financial Plan ● ● ●
3. Cost of Service Analysis ●
4. Rate Design ● ●
5. Reports & Models ●
6. Proposition 218 Assistance ●● ● ●
● Web Meetings
● In-Person Meetings
● Proposition 218 Notice
SEP
2026 2027
OCT NOV DEC JAN FEB MAR APR
RDN Page 17 Water Rate Study
REFERENCES
With over 90 percent of our work resulting from repeat business, RDN prides itself on continuing relationships that we have developed over four decades of consulting. We invite you to contact our references to verify our quality of service on similar engagements.
City of Greenfield
Water Rate Study (May 2022 – July 2023)
Water Rate and Fee Study (June 2025 – December 2025)
RDN staff: Niehaus, Elowsky, Van Dinther, Kallerud
The City of Greenfield retained RDN to conduct water and Water rate studies 2022. RDN supported the Proposition 218 hearing in June 2023 with successful rate adoption. The City again retained RDN to evaluate a series of potential private and public debt options in addition to or instead of grant funding. In October 2025, the City Council moved to adopt the rate study recommendations and move forward with the Proposition 218 Hearing in December 2025.
City of Corona
Tiered Water Budget, Reclaimed Water, Water, Electric Rates April 2024 – January 2025
RDN staff: Niehaus, Elowsky, Van Dinther, Kallerud
The City of Corona retained RDN to develop tiered water budget, reclaimed water, Water, and electric utility rates. RDN assisted the City with detailed financial plans for each utility. We recommended the District issue debt to fund long-term capital budgets to increase equity between current and future customers. The study was on schedule and within budget. New rates were implemented on January 1, 2025.
City of Santa Ana
Water, Recycled Water, Water Financial Plan Review (May 2023 – February 2025)
Long-term Financial Planning and Water Rate Study (June 2025 – April 2026)
RDN staff: Niehaus, Kido, Elowsky, Kallerud, Van Dinther The City of Santa Ana retained RDN in 2023 to review each utility’s financial performance. In 2025, the City retained RDN to complete the financial analysis and rate study necessary to develop rate options that would fully fund the Financial Plan Review.
Paul Wood
City Manager
831-674-5591
[email protected]
559 El Camino Real
Greenfield, CA 93927
Armando Fernandez
Deputy Public Works Director
714-647-3316
[email protected]
20 Civic Center Plaza
Santa Ana, CA 92701
Tom Moody
Director of Utilities
951-736-2477
[email protected]
400 S. Vicentia Avenue
Corona, CA 92882
RDN Page 18 Water Rate Study
FEE PROPOSAL
OPTION 1 – INDEPENDENT WATER RATE STUDY
We propose completing Option 1 – Independent Water Rate Study on a firm-fixed-price basis with the hours and fees shown below, totaling $38,620. We are amenable to a time and materials basis if preferred by the City. The table below presents our anticipated hours, rates, and total fees for completing a Water Rate Study. This proposal is valid for 90 days.
Tasks
In-Person
Meetings
Web
Meetings PD PM QA/QC C Total
Total Fees &
Expenses
1. Project Management 1 2 6 0 2 10 $2,720
2. Long-Term Financial Plan 3 2 16 4 20 42 $10,320
3. Cost of Service Analysis 1 1 10 2 4 17 $4,360
4. Rate Design 2 1 8 2 6 17 $4,280
5. Reports & Models 1 2 8 4 20 34 $8,240
6. Proposition 218 Assistance 3 0 20 1 12 33 $8,100
Total Estimated Meetings / Hours 3 8 8 68 13 64 153
Hourly Billing Rates $360 $260 $260 $220
Total Professional Fees $2,880 $17,680 $3,380 $14,080
Total Fees $38,020
PD - Project Director, Robert Niehaus Total Expenses $600 PM - Project Manager, Anthony Elowsky
QA/QC - QA/QC Consultant, Ichiko Kido Total Fees & Expenses C - Consultant, Zachary Van Dinther
Hours
City of San Juan Bautista
$38,620
RDN Page 19 Water Rate Study
OPTION 2 – CONCURRENT WATER & SEWER RATE STUDY
The table below presents our anticipated hours, rates, and total fees for completing Option 2 - Water Rate Study concurrently with the already-contracted Sewer Rate Study. This fee proposal assumes that data analysis, modeling, reporting, Proposition 218, and meetings will occur simultaneously for both utilities.
The additional cost to perform Water Rate Study services at the same time as the Sewer Rate Study is $29,860. We propose a firm-fixed-price agreement, consistent with the existing contract for the Sewer Rate Study, though we are amenable to a time and materials basis if preferred by the City. This proposal is valid for 90 days.
Tasks
In-Person
Meetings
Web
Meetings PD PM QA/QC C Total
Total Fees
&
Expenses
1. Project Management 1 2 6 0 2 10 $2,720
2. Long-Term Financial Plan 3 2 16 4 8 30 $7,680
3. Cost of Service Analysis 1 1 8 2 4 15 $3,840
4. Rate Design 2 1 8 2 4 15 $3,840
5. Reports & Models 1 2 8 4 12 26 $6,480
6. Proposition 218 Assistance 3 0 16 1 4 21 $5,300
Total Estimated Meetings / Hours 3 8 8 62 13 34 117
Hourly Billing Rates $360 $260 $260 $220
Total Professional Fees $2,880 $16,120 $3,380 $7,480
Total Fees $29,860
PD - Project Director, Robert Niehaus Total Expenses $0 PM - Project Manager, Anthony Elowsky
QA/QC - QA/QC Consultant, Ichiko Kido Total Fees & Expenses C - Consultant, Zachary Van Dinther
$29,860
City of San Juan Bautista
Hours
Item: 6.F
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT WITH
RIDGELINE MUNICIPAL STRATEGIES, LLC FOR MUNICIPAL
ADVISORY AND CONSULTING SERVICES RELATED TO
WATER AND WASTEWATER SYSTEM COMPLIANCE
PROJECTS
RECOMMENDED MOTION:
Adopt a Resolution approving Amendment No. 1 to the Agreement for Municipal Advisory and Consulting Services with Ridgeline Municipal Strategies, LLC, extending the term through June 30, 2028, continuing Task 1 services on a time-and-materials basis in an amount not to exceed $50,000, and adding Task 2 municipal advisory services with compensation as set forth in Exhibit B; and authorize the City Manager to execute and administer the Amendment, subject to approval as to form by the City Attorney.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution approving Amendment No. 1 to the Agreement with Ridgeline Municipal Strategies, LLC for municipal advisory and consulting services related to the City's Water and Wastewater System compliance projects.
EXECUTIVE SUMMARY
The City continues to advance significant Water and Wastewater infrastructure projects necessary to address regulatory compliance, long-term utility needs, and related financing requirements. These efforts require ongoing financial planning, coordination with funding agencies and project consultants, and municipal advisory services to evaluate and secure appropriate financing.
In May 2025, the City entered into an agreement with Ridgeline Municipal Strategies, LLC to provide financing strategy development and implementation services for the City's Water and Wastewater System compliance projects. The proposed Amendment No. 1 would continue those services as Task 1 on a time-and-materials basis in an amount not to exceed $50,000 and add Task 2 municipal advisory services associated with financing the City's Water System Page | 2
compliance projects, with compensation based on the type and amount of each financing transaction as set forth in Exhibit B.
Amendment No. 1 would also extend the term of the Agreement from June 30, 2027 through June 30, 2028.
BACKGROUND:
In May 2025, the City Council approved an agreement with Ridgeline Municipal Strategies, LLC to provide municipal advisory and consulting services in support of the City's Water and Wastewater System compliance projects. The existing agreement provides for financing strategy development and implementation, including financial modeling, grant and financing coordination, document review, and coordination with consultants and governmental agencies, and has a term through June 30, 2027.
As the City's Water System project has advanced, additional municipal advisory services are needed to support the City's pursuit and execution of project financing. The proposed amendment would continue Ridgeline's existing financing strategy services, add municipal advisory services associated with Water System financing transactions, update the applicable compensation provisions, and extend the agreement through June 30, 2028.
DISCUSSION:
Amendment No. 1 would update the scope of services to provide for two categories of work.
Task 1 would continue financing strategy development and implementation for the City's Water and Wastewater System compliance projects on a time-and-materials basis in an amount not to exceed $50,000. Task 2 would add municipal advisory services associated with Water System financing, including government loans, private placements, or public sales, as applicable. Task 2 compensation would be transaction-based and vary depending on the financing method and amount of financing proceeds, as detailed in Exhibit B.
Amendment No. 1 would also extend the term of the existing Agreement from June 30, 2027 through June 30, 2028. All other terms of the existing Agreement would remain in effect except as expressly modified by the Amendment.
Task 2 fees are established in Exhibit B and remain in effect through December 31, 2027, after which they may be revised to reflect inflationary impacts. Government loan financing fees are paid in stages based on application submission and loan approval. Grant applications associated with government financing are subject to a separate $9,500 fee.
FISCAL IMPACT:
Under Amendment No. 1, Task 1 services will be provided on a time-and-materials basis in an amount not to exceed $50,000. Task 2 compensation is transaction-based and will depend on the financing method and amount of each financing transaction, as set forth in Exhibit B. Applicable Item: 6.F
City Council Meeting
September 15, 2026
Page | 3
expenditures will be charged to the appropriate Water and/or Wastewater Enterprise Fund and are subject to available budget authority.
CEQA:
The proposed action is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(5) because approval of Amendment No. 1 for municipal advisory and consulting services is an organizational and administrative activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment.
STRATEGIC PLAN ALIGNMENT:
• Infrastructure Investment and Modernization;
• Transparent and Responsive Government; and
• Organizational Capacity and Professionalization.
CONCLUSION:
The City's ongoing Water and Wastewater System compliance projects require continued financial planning, funding coordination, and municipal advisory expertise. Amendment No. 1 will continue Ridgeline's financing strategy and implementation services, add municipal advisory services necessary to pursue Water System financing, and extend the existing Agreement through June 30, 2028. Staff recommends approval of Amendment No. 1.
ATTACHMENTS:
1. Resolution
2. Amendment 1 to Agreement for Municipal Advisory and Consulting Services with Ridgeline Municipal Strategies, LLC
Item No.: 6. F
City Council Meeting
September 15, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH RIDGELINE
MUNICIPAL STRATEGIES, LLC FOR MUNICIPAL ADVISORY AND CONSULTING
SERVICES RELATED TO WATER AND WASTEWATER SYSTEM COMPLIANCE
PROJECTS
WHEREAS, on May 5, 2025, the City Council approved an Agreement with Ridgeline Municipal Strategies, LLC to provide municipal advisory and consulting services in support of the City’s Water and Wastewater System compliance projects; and WHEREAS, the existing Agreement provides for financing strategy development and implementation for the City’s Water and Wastewater System compliance projects and designates Ridgeline as the City’s Independent Registered Municipal Advisor for the scope of services specified in the Agreement; and
WHEREAS, as the City’s Water System compliance projects have advanced, the City requires additional municipal advisory services associated with securing and implementing project financing; and
WHEREAS, Amendment No. 1 continues Ridgeline’s financing strategy development and implementation services for the City’s Water and Wastewater System compliance projects, adds municipal advisory services associated with financing the Water System compliance projects, and extends the term of the Agreement through June 30, 2028; and WHEREAS, under Amendment No. 1, Task 1 services will be provided on a time-andmaterials basis in an amount not to exceed $50,000, and Task 2 compensation will be transaction-based as set forth in the amended Exhibit B; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Bautista hereby approves Amendment No. 1 to the Agreement with Ridgeline Municipal Strategies, LLC, substantially in the form presented to the City Council, and authorizes the City Manager to execute and administer Amendment No. 1, subject to approval as to form by the City Attorney and available budget authority.
PASSED AND APPROVED by the San Juan Bautista City Council on this 15th day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
Item No.: 6. F
City Council Meeting
September 15, 2026
Page | 2
ABSTAIN:
APPROVED:
___________________
Leslie Q. Jordan, Mayor
ATTEST:
_____________________
Elizabeth Soto, City Clerk
Page | 1
AMENDMENT NO. 1 TO AGREEMENT FOR MUNICIPAL ADVISORY AND
CONSULTING SERVICES
This Amendment No. 1 to the Agreement for Municipal Advisory and Consulting Services ("Amendment No. 1") is entered into as of September 15, 2026, by and between the City of San Juan Bautista, a California general law city ("Client" or "City"), and Ridgeline Municipal Strategies, LLC, a California limited liability company ("Ridgeline").
RECITALS
WHEREAS, the City and Ridgeline entered into an Agreement for Municipal Advisory and Consulting Services dated May 5, 2025 ("Agreement"), pursuant to which Ridgeline provides financing strategy development and implementation services for the City's Water and Wastewater System compliance projects; and
WHEREAS, the Agreement currently extends through June 30, 2027 and provides that material changes or additions to the Scope of Services may be incorporated through a written supplement or amendment; and
WHEREAS, the City continues to require financing strategy and implementation services for its Water and Wastewater System compliance projects and now requires additional municipal advisory services associated with securing financing for its Water System compliance projects; and
WHEREAS, the parties desire to amend the Agreement to update the Scope of Services, compensation provisions, and term of the Agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Ridgeline agree as follows:
1. Term
Section V.A of the Agreement is hereby amended to read as follows:
A. Unless otherwise provided, the term of this Agreement shall begin on the date of its original execution and shall expire on June 30, 2028, unless extended by amendment or terminated earlier as provided herein.
Page | 2
2. Scope of Services
Exhibit A, Scope of Services, is hereby replaced in its entirety with the Amended Exhibit A attached to this Amendment No. 1 and incorporated herein by reference.
3. Compensation
Exhibit B, Compensation for Services, is hereby replaced in its entirety with the Amended Exhibit B attached to this Amendment No. 1 and incorporated herein by reference. The compensation budget outlined in Exhibit B is in addition to the original compensation budget included in the Agreement.
5. Remaining Terms
Except as expressly modified by this Amendment No. 1, all terms and conditions of the Agreement dated May 5, 2025 shall remain unchanged and in full force and effect.
In the event of any conflict between this Amendment No. 1 and the Agreement, the terms of this Amendment No. 1 shall control.
6. Counterparts
This Amendment No. 1 may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
CITY OF SAN JUAN BAUTISTA
By: ______________________________
Ashley Collick, City Manager
Date: ____________________________
RIDGELINE MUNICIPAL STRATEGIES, LLC
By: ______________________________
Dmitry Semenov, Principal
Date: ____________________________
Page | 3
APPROVED AS TO FORM:
By: ______________________________
Jon R. Giffen, City Attorney
Date: ____________________________
Page | A-1
EXHIBIT A
SCOPE OF SERVICES
TASK 1: FINANCING STRATEGY DEVELOPMENT AND IMPLEMENTATION
FOR THE WASTEWATER AND WATER SYSTEM COMPLIANCE PROJECTS Ridgeline will assist the Client with the development and implementation of the financing strategy for the Client’s Wastewater and Water System Compliance Projects, as follows:
• Prepare financial models and calculations as necessary, if not covered by any other agreement between Ridgeline and the Client;
• Review documents prepared by third parties at the Client’s request; • Assist with the project and process management tasks related to the Project; • Assist with grant application process, if not covered by any other agreement between Ridgeline and the Client;
• Prepare documents and review documents prepared by others related to the Wastewater and Water System Compliance Projects financing; • Initiate, maintain, and manage communications with third parties, including consultants and government/public agencies, as requested by Client; • Perform other tasks, as requested by Client.
TASK 2: MUNICIPAL ADVISORY SERVICES FOR WATER SYSTEM
COMPLIANCE PROJECTS
The following Municipal Advisory Services are covered by this Agreement. Some of the Services are specific to certain methods of sale and may not be applicable. • Issuer Preparation. Prepare education materials and workshops for Client staff and Board to ensure that all decision-makers have a good understanding of the financing process and requirements. Review Client’s policies, financial statements, budgets, and other materials to identify any issues of concern and develop mitigation steps.
• Financing Team Selection. Assist with the selection of the financing team members, including underwriter / placement agent, bond and disclosure counsel, trustee, rating agency, bond insurer, etc., as necessary.
• Financing Schedule. Manage the financing process and coordinate activities of financing team members. Prepare a schedule of activities and ensure the financing is completed in a timely manner.
Page | A-2
• Method of Sale, Timing, Sizing, and Structure of Debt Obligations. Develop the financing plan for Debt Obligations including timing, sizing, and structure. o Method of Sale. Advise as to the appropriate method of sale for Debt Obligations.
o Preparation of Lender Request for Proposals. Assist with the preparation and distribution of Request for Proposals to banks and analyze the responses of the responding banks, if applicable.
o Official Statement. Advise regarding disclosure obligations under the federal securities laws and review the Preliminary and Final Official Statement, if applicable.
o Timing of Issues. Advise on the timing for each series of Debt Obligations based upon Client’s historical and projected revenues and expenses, market interest rates, and other factors.
o Sizing of Issues. Advise on the sizing of Debt Obligations based on the nature of the financing, federal tax law limitations, state regulatory restrictions, targeted rates, goals of the financing program, and other matters. o Structure of Debt Obligations. Advise on the repayment structure of Debt Obligations based on targeted rates, impact on interest costs, prudent debt management practices, and other considerations.
• Rating Agency Presentation. Develop the rating strategy and prepare the credit rating agency presentation to optimize the credit rating assigned to Debt Obligations, if applicable.
• Lender Due Diligence Assistance. Assist the Client in providing due diligence information requested by lenders, if applicable.
• Documentation. Provide bond counsel with information necessary for the preparation of authorizing documentation. Review authorizing documentation before approval. Assist Client with the preparation of staff reports for financing approval and prepare good faith estimates.
• Pricing Strategy. Assist Client throughout the sale negotiation process. o Advise Client on the propriety of the Underwriter’s or Placement Agent’s proposed pricing and compensation relative to the current market conditions;
o Negotiate to obtain the optimal rates and costs for Debt Obligations; o Prepare pricing analysis of proposed financing alternatives; and o Provide quantitative schedules showing the final pricing results. • Closing Process. Prepare closing memorandum, review closing documents, and assist in the closing of the transaction.
Page | A-3
Costs That Are the Responsibility of the Client
Certain financing / third-party costs required for completion of Debt Obligations are not covered by this proposal and shall be the responsibility of the Client. Such costs may include fees of placement agents, accountants, trustees, bond and disclosure counsel and other third parties, the underwriter’s discount, the cost of printing and distributing the Official Statements, notices, insurance, title reports, rating services, bond insurance, regulatory fees, etc.
Page | B-1
EXHIBIT B
COMPENSATION FOR SERVICES
Task 1: Financing Strategy Development and Implementation for the Wastewater and Water System Compliance Projects
For the Services described under Task 1 (Financing Strategy Development and Implementation for the Wastewater and Water System Compliance Projects), Ridgeline will be compensated on a time and materials basis, not to exceed total budget, as shown below. The invoices will be submitted to the Client on quarterly basis.
If there are material changes to the Scope of Services, a revised budget may be negotiated by a mutual written agreement between Ridgeline and the Client.
Task 2: Municipal Advisory Services for Water System Compliance Projects For services associated with Task 2 (Municipal Advisory Services for Water System Compliance Projects), Ridgeline will be paid a flat fee based on the method of sale and amount of financing proceeds for each individual financing transaction, according to the schedule below:
Proceeds Amount Private Placement Public Sale Government Loan Less than $2 million $20,500 $30,500 $35,500
$2 million to $5 million $25,500 $35,500 $40,500
$5 million to $10 million $30,500 $40,500 $45,500
$10 million to $20 million $35,500 $45,500 $50,500
$20 million to $30 million $40,500 $50,500 $55,500
$30 million to $50 million $45,500 $55,500 $60,500
$50 million to $75 million n/a $60,500 $65,500
Over $75 million n/a Based on par
amount
Based on par
amount
Hours [1] Amount @
$330/hr [1]
22 $7,150
130 $42,250
$600
152 $50,000
[1] Time and cost are estimates and will vary. Billings will be done on T&M basis for actual amount of time required, not to exceed total amount shown.
Water Project
TOTAL
Direct Expenses
City of San Juan Bautista
Wastewater and Water Compliance Project
Financing Strategy Development and Implementation
Description
Wastewater Project
Page | B-2
Direct expenses and travel fees related to financing transaction work are included in the fee amount.
Payments for private placement and public sale financings are contingent upon financing closing and due at work completion, with invoices payable at transaction closing, usually from financing proceeds.
If multiple series of financing are completed through the same method of sale at the same time, fee discounts may be available for the concurrent funding series.
Government loan financing work includes application preparation and filing (nonfinancial portions of the application are the responsibility of the Client and its consultants)
Fees for government loans (USDA, IBank, SRF, WIFIA, etc.) are paid as follows:
• 50% of the fee is due and payable when the complete application is submitted, regardless of whether the loan is approved or not.
• The balance of the fee is due when the loan is approved and funds are ready to be obligated, regardless of whether the Client accepts the loan terms and closes on the loan.
• Non-financing post-approval support (review and tracking of conditions, communication with the agency, draw processing, compliance support, etc.) is not covered by the flat fee and will be compensated at hourly rates, should the Client require such support.
The Task 2 compensation amounts stated above shall be in effect through December 31, 2027 and may be revised thereafter to reflect inflationary impacts.
Grant Applications Associated with Financing
If a grant is included as a part of a government loan, a flat fee of $9,500 per application will be due at the time of loan closing. The fee covers the preparation and submittal of application only. All post-application support is compensated at hourly rates.
Page | C-1
EXHIBIT C
DISCLOSURE OF CONFLICTS OF INTEREST AND OTHER INFORMATION
RIDGELINE MUNICIPAL STRATEGIES, LLC
I. Introduction
Ridgeline Municipal Strategies, LLC (hereinafter, referred to as “Ridgeline”) is a registered municipal advisor with the Securities and Exchange Commission (the “SEC”) and the Municipal Securities Rulemaking Board (the “MSRB”), pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2.
The MSRB is the primary rulemaking body for the municipal securities industry in general and municipal advisors in particular. Their website can be accessed at www.msrb.org. The website includes, among other things, the municipal advisory client brochure, which describes protections that are provided by the MSRB’s rules and the process for filing complaints with appropriate regulatory authorities. The municipal advisory client brochure can be accessed at:
https://www.msrb.org/sites/default/files/MSRB-MA-Clients-Brochure.pdf.
In accordance with MSRB rules, this disclosure statement is provided by us to each client prior to the execution of our advisory agreement with written disclosures of all material conflicts of interests and legal or disciplinary events that are required to be disclosed with respect to providing financial advisory services pursuant to MSRB Rule G-42(b) and (c)(ii). Ridgeline employs a number of resources to identify and subsequently manage actual or potential conflicts of interest in addition to disclosing actual and potential conflicts of interest provided herein.
Fiduciary Duty
Ridgeline has a fiduciary duty to the Client and must provide both a Duty of Care and a Duty of Loyalty that includes the following.
Duty of Care:
• Exercise due care in performing its municipal advisory activities; • Possess the degree of knowledge and expertise needed to provide the Client with informed advice; • Make a reasonable inquiry as to the facts that are relevant to the Client’s determination as to whether to proceed with a course of action or that form the basis for any advice provided to the Client; and,
• Undertake a reasonable investigation to determine that we are not providing any recommendations on materially inaccurate or incomplete information. • We must have a reasonable basis for:
o Any advice provided to or on behalf of the Client;
o Any representations made in a certificate that we sign that will be reasonably foreseeably relied upon by the Client, any other party involved in the municipal securities transaction or municipal financial product, or investors in the Client’s securities; and, o Any information provided to the Client or other parties involved in the municipal securities transaction in connection with the preparation of an official statement.
Page | C-2
Duty of Loyalty:
We must deal honestly and with the utmost good faith with the Client and act in the Client’s best interests without regard to the financial or other interests of Ridgeline. We will eliminate or provide full and fair disclosure (included herein) to the Client about each material conflict of interest (as applicable). We will not engage in municipal advisory activities with the Client, as a municipal entity, if we cannot manage or mitigate our conflicts in a manner that permits us to act in the Client’s best interest.
How We Identify and Manage Conflicts of Interest
Code of Ethics. Ridgeline requires all of its employees to conduct all aspects of our business with the highest standards of integrity, honesty and fair dealing. All employees are required to avoid even the appearance of misconduct or impropriety and avoid actual or apparent conflicts of interest between personal and professional relationships that would or could interfere with an employee’s independent exercise of judgment in performing the obligations and responsibilities owed to a municipal advisor and our clients.
Policies and Procedures. Ridgeline has adopted policies and procedures that include specific rules and standards for conduct. Some of these policies and procedures provide guidance and reporting requirements about matters that allow us to monitor behavior that might give rise to a conflict of interest.
These include policies concerning the making of gifts and charitable contributions, entertaining clients, and engaging in outside activities, all of which may involve relationships with clients and others that are important to our analysis of potential conflicts of interest.
Supervisory Structure. Ridgeline has both a compliance and supervisory structure in place that enables us to identify and monitor employees’ activities, both on a transaction and firm-wide basis, to ensure compliance with appropriate standards. Prior to undertaking any engagement with a new client or an additional engagement with an existing client, appropriate municipal advisory personnel will review the possible intersection of the client’s interests, the proposed engagement, our engagement personnel, experience and existing obligations to other clients and related parties. This review, together with employing the resources described above, allows us to evaluate any situations that may be an actual or potential conflict of interest.
Disclosures. Ridgeline will disclose to clients those situations that it believes would create a material conflict of interest, such as:
1) any advice, service or product that any affiliate may provide to a client that is directly related to the municipal advisory work of Ridgeline;
2) any payment made to obtain or retain a municipal advisory engagement with a client; 3) any fee-splitting arrangement with any provider of an investment or services to a client; 4) any conflict that may arise from the type of compensation arrangement we may have with a client; and 5) any other actual or potential situation that Ridgeline is or becomes aware of that might constitute a material conflict of interest that could reasonably be expected to impair our ability to provide advice to or on behalf of clients consistent with regulatory requirements.
If Ridgeline identifies such situations or circumstances, we will prepare meaningful disclosure describing the implications of the situation and how we intend to manage the situation. Ridgeline will also disclose any legal or disciplinary events that are material to a client’s evaluation or the integrity of our management or advisory personnel. Ridgeline will provide this disclosure (or a means to access this information) in writing prior to starting our proposed engagement, and will provide such additional information or clarification as the client may request. Ridgeline will also advise clients in writing of any subsequent Page | C-3
material conflict of interest that may arise, as well as the related implications, its plan to manage that situation, and any additional information such client may require.
II. General Conflict of Interest Disclosures
Disclosure of Conflicts Concerning the Firm’s Affiliates Ridgeline does not have any affiliates that provide any advice, service, or product to or on behalf of the Client that is directly or indirectly related to the municipal advisory activities to be performed by Ridgeline.
Disclosure of Conflicts Related to the Firm’s Compensation Ridgeline has not made any payments directly or indirectly to obtain or retain the Client’s municipal advisory business.
Ridgeline has not received any payments from third parties to enlist Ridgeline’s recommendation to the Client of its services, any municipal securities transaction or any municipal finance product.
Ridgeline has not engaged in any fee-splitting arrangements involving Ridgeline and any provider of investments or services to the Client.
From time to time, Ridgeline may be compensated by a municipal advisory fee that is or will be set forth in an agreement with the client to be, or that has been, negotiated and entered into in connection with a municipal advisory service. Payment of such fee may be contingent on the closing of the transaction and the amount of the fee may be based, in whole or in part, on a percentage of the principal or par amount of municipal securities or municipal financial product. While this form of compensation is customary in the municipal securities market, it may be deemed to present a conflict of interest since we may appear to have an incentive to recommend to the client a transaction that is larger in size than is necessary. Further, Ridgeline may also receive compensation in the form of a fixed fee arrangement. While this form of compensation is customary, it may also present a potential conflict of interest if the transaction ultimately requires less work than contemplated and we are perceived as recommending a more economically friendly pay arrangement. Finally, Ridgeline may contract with clients on an hourly fee basis. If Ridgeline and the client do not agree on a maximum amount of hours at the outset of the engagement, this arrangement may pose a conflict of interest as we would not have a financial incentive to recommend an alternative that would result in fewer hours. Ridgeline manages and mitigates all of these types of conflicts by disclosing the fee structure to the client, and by requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, after reasonable inquiry, including the client’s needs, objectives, and financial circumstances.
Disclosure Concerning Provision of Services to State and Local Government, and Non-Profit Clients Ridgeline regularly provides financial advisory services to state and local governments, their agencies, and instrumentalities, and non-profit clients. While our clients have expressed that this experience in providing services to a wide variety of clients generally provides great benefit for all of our clients, there may be or may have been clients with interests that are different from (and adverse to) other clients. If for some reason any client sees our engagement with any other particular client as a conflict, we will mitigate this conflict by engaging in a broad range of conduct, if and as applicable. Such conduct may include one or any combination of the following: 1) disclosing the conflict to the client; 2) requiring that there be a review of the municipal securities transaction or municipal financial product to ensure that it is suitable for the client in light of various factors, including the client’s needs, objectives and financial circumstances; 3) implementing procedures that establish a “firewall” that creates physical, technological and procedural barriers and/or separations to ensure that non-public information is isolated to a particular area such that certain governmental transaction team members and supporting functions operate separately during the Page | C-4
course of work performed; and 4) in the rare event that a conflict cannot be resolved, we will withdraw from the engagement.
Disclosure Related to Legal and Disciplinary Events
As registered municipal advisors with the SEC and the MSRB, pursuant to the Securities Exchange Act of 1934 Rule 15Ba1-2, our legal, disciplinary and judicial events are required to be disclosed on our Forms MA and MA-I filed with the SEC, in ‘Item 9 Disclosure Information’ of Form MA, ‘Item 6 Disclosure Information’ of Form MA-I, and if applicable, the corresponding disclosure reporting page(s). To review the foregoing disclosure items and material change(s) or amendment(s), if any, clients may electronically access Ridgeline filed Forms MA and MA-I on the SEC’s Electronic Data Gathering, Analysis, and Retrieval system, listed by date of filing starting with the most recently filed at www.sec.gov/edgar/searchedgar/companysearch.html.
Ridgeline does not have any legal or disciplinary events or disciplinary history on its Form MA and Form(s) MA-I, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgements, liens, civil judicial actions, customer complaints, arbitrations, and civil litigation.
There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC.
Disclosure Related to Recommendations
If Ridgeline makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the Client and is within the scope of the engagement, Ridgeline will determine, based on the information obtained through reasonable diligence of Ridgeline whether a municipal securities transaction or municipal financial product is suitable for the Client. In addition, Ridgeline will inform the Client of:
• the evaluation of the material risks, potential benefits, structure, and other characteristics of the recommendation;
• the basis upon which Ridgeline reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the Client; and, • whether Ridgeline has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the Client’s objectives.
If the Client elects a course of action that is independent of or contrary to the advice provided by Ridgeline, Ridgeline is not required on that basis to disengage from providing services to the Client.
Disclosure Related to Record Retention
Pursuant to the SEC record retention regulations, Ridgeline is required to maintain in writing, all communications and created documents between Ridgeline and the Client for five (5) years.
III. Specific Conflicts of Interest Disclosures – Client To our knowledge, following reasonable inquiry, as of the commencement of the Scope of Services, we are not aware of any actual or potential conflict of interest that could reasonably be anticipated to impair our ability to provide advice to or on behalf of the Client in accordance with applicable standards of conduct of MSRB Rule G-42. If we become aware of any potential conflict of interest that arises after this disclosure, we will disclose the detailed information in writing to the Client in a timely manner.
Ridgeline does not act as principal in any of the transactions related to its role / work on the Scope of Services.
Page | C-5
Ridgeline does not have any other engagements or relationships that might impair Ridgeline’s ability to either render unbiased and competent advice to or on behalf of the Client, or to fulfill our fiduciary duty to the Client, as applicable.
Item No.:6.G
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: AUTHORIZATION TO REIMBURSE THE SAN BENITO
COUNTY WATER DISTRICT FOR WATER SUPPLY PLAN
COSTS
RECOMMENDED MOTION:
Adopt a resolution authorizing reimbursement to the San Benito County Water District of $234,914.70 for documented Water Supply Plan costs incurred in support of the City’s regional water supply project, and authorize the City Manager or designee to process payment from the Water Transmission Pipeline Design Phase project budget following final verification of grant eligibility and accounting requirements.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution authorizing reimbursement to the San Benito County Water District of $234,914.70 for documented Water Supply Plan costs advanced pursuant to the 2021 Memorandum of Understanding and associated with the City's regional water supply project.
EXECUTIVE SUMMARY:
In February 2021, the City and the District entered into a Memorandum of Understanding (MOU) to cooperatively develop a comprehensive Water Supply Plan for importing treated surface water from the West Hills Water Treatment Plant to San Juan Bautista. The MOU provided that the District would initially advance the costs of the feasibility phase and that those costs would be incorporated into the final project cost if the City proceeded with implementation.
The District has now submitted Invoice No. 883 in the amount of $234,914.70, together with supporting accounting records and consultant invoices. The submitted costs include work performed by HDR Engineering, District consultants, and legal counsel in support of the Water Supply Plan and the San Juan Bautista pipeline connection. Some consultant costs were initially tracked under the District's Accelerated Drought Response Project for accounting purposes. The District has identified those costs as directly attributable to the San Juan Bautista Water Supply Plan and has included supporting documentation demonstrating their allocation to the City's project.
Page | 2
The City is proceeding with implementation of the regional water supply project and is currently in the design phase of the Water Transmission Pipeline Project. The approved design-phase project budget includes $300,000 for San Benito County Water District design and related project costs. The City has secured grant funding for the Pipeline Design Phase, and eligible costs associated with the Water Supply Plan and development of the pipeline project may be reimbursed from those grant funds, subject to applicable grant eligibility and accounting requirements. Although the requested amount exceeds the preliminary feasibility planning estimate identified in the MOU, the agreement characterizes that amount as an initial planning budget and does not establish it as a reimbursement cap.
Prior to payment, staff has confirmed that the requested costs have not previously been reimbursed through another City funding source and that the requested reimbursement is consistent with the cost allocation contemplated by the parties' agreements. The reimbursement represents planning and feasibility expenditures incurred for the benefit of the City's regional water supply project.
BACKGROUND:
In February 2021, the City of San Juan Bautista and the San Benito County Water District entered into a Memorandum of Understanding (MOU) to collaboratively evaluate a long-term potable water supply solution for the City. Under the MOU, the District agreed to advance the costs associated with preparing the San Juan Bautista Water Supply Plan and related technical, engineering, environmental, legal, and financial analyses. The parties estimated the initial feasibility effort at approximately $180,000, recognizing that this was an initial planning budget.
The MOU anticipated two possible outcomes. If the City elected not to proceed with implementation, it would reimburse the District for the costs incurred. Alternatively, if the City proceeded with implementation of the project, the feasibility costs would become part of the overall project costs.
Since execution of the MOU, the City has elected to proceed with the implementation of a regional water supply project. The City subsequently entered into the Urban Area Water Supply and Treatment Agreement and has advanced the design of the transmission pipeline and associated infrastructure necessary to receive treated surface water from the regional system. The Water Supply Plan developed under the MOU formed the technical foundation for the City's current regional water supply project, including the design of the transmission pipeline and related facilities now underway.
DISCUSSION:
As part of implementation, the District has submitted documentation requesting reimbursement of $234,914.70 for feasibility and planning costs advanced on behalf of the City. The submitted documentation includes consultant invoices, legal services, accounting records, and detailed expenditure summaries supporting the costs incurred during development of the Water Supply Plan.
Item No.:6.G
City Council Meeting
September 15, 2026
Page | 3
While the amount exceeds the preliminary planning estimate identified in the 2021 MOU, the agreement does not establish the estimate as a maximum reimbursement amount. Rather, it contemplates that the actual costs incurred in developing the Water Supply Plan would become part of the project's implementation costs if the City elected to move forward.
Staff has reviewed the supporting documentation and finds that the requested reimbursement is consistent with the scope of work contemplated by the 2021 MOU. The documented expenditures represent planning, engineering, legal, and project development activities undertaken for the benefit of the City's regional water supply project. Reimbursement at this time formally recognizes those previously advanced project costs as implementation expenses of the City's water supply project.
POLICY CONSIDERATIONS:
The 2021 MOU contemplated that, if the City elected to proceed with implementation of the Water Supply Plan, the feasibility costs advanced by the District would become part of the overall project cost. Although the MOU did not establish a process or timing for reimbursement during implementation, staff believe that Council authorization is appropriate to formally recognize these documented project costs, provide transparency regarding the expenditure, and establish a clear legislative record supporting reimbursement.
FISCAL IMPACT:
Approval of the resolution authorizes reimbursement of $234,914.70 to the San Benito County Water District for documented planning and feasibility costs incurred in support of the City’s regional water supply project. These costs are included within the City’s approved Water Transmission Pipeline Design Phase project budget, which includes $300,000 for San Benito County Water District design and related project costs.
The City has secured grant funding for the Pipeline Design Phase. To the extent that the documented Water Supply Plan costs are eligible under the applicable grant agreements, the reimbursement will be charged to the Water Transmission Pipeline project and reimbursed from available design-phase grant funds. Any portion determined to be ineligible for grant reimbursement would be funded from the Water Enterprise Fund within available budget authority.
Design Budget Summary
Budget Item Amount
SBCWD Design Costs (Approved Budget) $300,000.00
Proposed Reimbursement ($234,914.70)
Remaining Budget $65,085.30
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CONCLUSION:
The Water Supply Plan prepared under the 2021 MOU provided the technical and institutional foundation for the City's ongoing regional water supply project. Authorizing reimbursement of the documented planning costs recognizes the District’s advance funding of that work, incorporates those costs into the City's Water Transmission Pipeline Design Phase project budget, and provides clear Council authorization for payment. Staff therefore recommend adoption of the attached resolution.
CEQA REQUIREMENT:
This is not a project under the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378(b)(4) and (5).
ATTACHMENTS:
1. Resolution
2. Memorandum of Understanding - San Juan Bautista Water Supply Plan
3. San Benito County Water District Invoice No. 883 and Supporting Documentation Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AUTHORIZING REIMBURSEMENT TO THE SAN BENITO COUNTY WATER
DISTRICT FOR SAN JUAN BAUTISTA WATER SUPPLY PLAN COSTS
WHEREAS, the City of San Juan Bautista and the San Benito County Water District entered into a Memorandum of Understanding in February 2021 for the development of the San Juan Bautista Water Supply Plan; and
WHEREAS, the City has elected to proceed with implementation of the regional water supply project and is advancing design of the water transmission pipeline needed to deliver treated surface water to the City; and
WHEREAS, pursuant to the Memorandum of Understanding, the San Benito County Water District advanced costs for engineering, planning, environmental, legal, financial, and related professional services necessary to prepare the San Juan Bautista Water Supply Plan; and WHEREAS, the Memorandum of Understanding contemplated that, if the City elected to proceed with implementation of the Water Supply Plan, the costs advanced by the District would become part of the overall project costs; and
WHEREAS, the San Benito County Water District has submitted documentation supporting $234,914.70 in planning and feasibility costs incurred on behalf of the City, and City staff has reviewed that documentation; and
WHEREAS, the City Council has reviewed the supporting documentation and finds that the requested reimbursement is consistent with the Memorandum of Understanding and represents documented project costs incurred for the benefit of the City's regional water supply project; and
WHEREAS, the City’s approved Water Transmission Pipeline Design Phase project budget includes funding for San Benito County Water District design and related project costs, and the City has secured grant funding for the Pipeline Design Phase that may be used to reimburse eligible project costs consistent with applicable grant requirements; and WHEREAS, the City Council desires to authorize reimbursement of the documented costs, subject to final verification of accounting, grant eligibility, and confirmation that the costs have not been reimbursed from another source; and
WHEREAS, the City Council finds that authorizing reimbursement at this time is consistent with the intent of the 2021 Memorandum of Understanding and provides a clear legislative record incorporating the documented feasibility costs into the City's regional water supply project; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista that:
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Section 1. The City Council finds that the documented planning and feasibility costs incurred by the San Benito County Water District in the amount of $234,914.70 were advanced pursuant to the 2021 Memorandum of Understanding and constitute project implementation costs associated with the City's regional water supply project.
Section 2. The City Council authorizes reimbursement to the San Benito County Water District in the amount of $234,914.70. Eligible costs shall be charged to the Water Transmission Pipeline Design Phase project and reimbursed from available grant funds to the extent permitted by the applicable grant requirements. Any costs determined to be ineligible for grant reimbursement shall be funded from the Water Enterprise Fund within available budget authority.
Section 3. The City Manager or designee is authorized to take all actions necessary to implement this Resolution, including verifying funding eligibility, executing administrative documents, and processing payment consistent with applicable grant requirements and accounting standards.
Section 4. 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 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
SAN BENITO URBAN AREA
WATER SU PPLY AN D TREATMENT
AGREEMENT
Sunnyslope County
Water District
/\
c,
,otrl>
ltl lU44
1869
4936-8823-1 989.8 0091 40.01 8
DEFINED TERMS...
TERIVI OF AGREEIVIENT ..,..,..,,...
QUANTITY OF TREATED WATER TO BE PROVIDED .
Amount of De|ivery........
Sources of Water ..........
(a) Central Valley Project Water.....
(b) Water Transfers.
(c) Groundwater
Selection of Water Sources and Schedule of Water Demands Limitations in Supply...........
Water Quality
(a) Water Quality Goals ............
(i) TDSConcentration..
(ii) Halidness . ... ... . ... ..... .
(b) Future Projects to Meet Water Quality Goa|s...................... (c) District Responsible for Quality of Treated Water Delivered ADVISORY COMMITTEE,..,.
Function of Advisory Committee.........
Limit of Authority of Advisory Committee.........
Meetings of the Advisory Committee.........
TREATI\i!ENT FACILITIES AND ADROP
TREATMENT FACILITIES........
Paqe
ARTICLE 1 :
ARTICLE 2:
ARTICLE 3:
3.1 .
3.2. 2
2 J
J
3 3
J
4 3.3.
3.4. 3.5.
4 4
5 E
E
6 t)
6 o
ARTICLE 4:
4.1. 4.2.
4.3. ARTICLE 5:
5.1. ..7
(a)
(b)
District Commitment of Funds...
Lessalt WTP......
7 7
7 7
7 8
8 R
(1) Location and Capacity ....
(2\ lncluded Costs...
(3) Pipeline to High Pressure Zone ...
(4) Ownership ....
West Hills WTP
(1) Location and Capacity .
(2) lncluded Capital Costs.
(3) Ownership ....
(c)
..8
..8
..8
TABLE OF CONTENTS
(d) Non-Conveyance Covenant........
(e) Operation and Maintenance of Treatment Faci|ities................... (1) Operation Pursuant to Operation and Maintenance
Agreement.........
(2) Wholesale Customers Responslb/e for Operation of
Distribution Pipelines
(3) Dlslnct Responsible for WTP lnflow and Outflow.....................9 (0 Wholesale Customers' Respective Shares of Treatment Capactty............9 .9
.9
.9
.9
ADROP.,
(a) Project Description and Capacity...
5.3 (b) lncluded Capital Costs.....
(c) Grant Funding
(d) Operation and Maintenance of ADRoP..........
(1) Expansion of West Hills WTP ..................
(2) ASR Weils and Pipelines.....
CAPITAL I M PROVEMENTS ........,..,..,..,..,..
(a) Capital lmprovements to Comply with Law or Regulation......... (b) Capital lmprovements to Accommodate Future Growth Demands..........
PAYMENT FOR TREATED WATER SERVICE..........,......,..,...
Wholesale Customers' Payment Obligations and Covenants.........
Wholesale Customers' Obligation to Take Delivery of Water............
Costs to Be Paid to District .............
.......10
ARTICLE 6:
6.1. 6.2.
6.3. 10
10 10
10 10
11 11
11 11
12 12
12 12
13 .....13
(a) Capital Costs
(1) Capital Treatment Component -Treatment Facilities............. 13 (2) Reliability Fee Component - ADRoP .
(b)
(c)
(d)
(e)
5.2. 6.4.
6.5 FinancialCovenants..
(a) Adequacy of \/vholesale Customers' Revenue Sources...............-.. (b) Financial Reporting Requirements ........
(c) \Nholesale Customers' Pledge of Revenues.
Billing and Payment...
(a) |nvoices......................
(b) Non-reimbursable District Credit - SJ8..........
(c) Payment.....................
Accounting..
(a) Application of Vvholesale Customer Payments
(b) Accountlvlanagement
DISPUTES AND ATTORNEYS' FEES..,,..
LtM tTATtON OF LIABt 1Iry ...........................
TERI\4INATION,,,,,,,,,,
DEFAU1T,,.,,,..,,,.,,,.,,,
Notice and Right to Cure...................
Consequences of Def au|t.............................
AMENDMENTS,,,.
Amendment Only by Writin9............................
Changes in Parties Service Areas...............
SUCCESSORS AND ASSIGNS,,.,,,.,,,.,,,.
ASS IG N I\4 E NT
NOTICES,,,,,,,.,,,,.,,,.,,
NO THIRD PARTY BENEFICIARIES.,,,
OTHER PROVISIONS
1ntegration..................
(a) l\,4emorandum of Understanding, December 2004 and as amended in February 2008... ... ... ...
(b) Hollister Urban Area Water and Wastewater Master Plan, 2008..... (c) Coordinated Water Supply and Treatment Agreement, 2010.......... (d) Water Supply and Treatment Agreement Statement of lntent, 2011 .. .. ..
(e) Hollister Urban Area Water Supply and Treatment Agreement, 2013 ... ............ .
(0 San Benito Urban Areas Water Supply and Treatment Master Plan Update,2023.
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ARTICLE 7:
ARTICLE 8:
ARTICLE 9:
ARTICLE 1O:
'10.'1.
10.2. ARTICLE 11:
11.1. 11.2.
ARTICLE 12:
ARTICLE 13:
ARTICLE,I4:
ARTICLE 15:
ARTICLE,I6:
16.1. 23
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23 16.2. Relationshipof Parties...................... ..... 16 3. Controlling Law
16.4. Captions
EXHIBIT A: Caprtal Recovery Schedule..
EXHIBIT B: Description of ADRoP and Associated Costs..
EXHIBIT C: Explanation of Cost Components
EXHIBIT D: Wholesale Customers' Water ServiceAreas..
EXHIBIT E District s Zone 6 Boundary............................. 23 23
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SAN BENITO URBAN AREA WATER SUPPLY AND TREATMENT AGREEMENT This SAN BENITO URBAN AREA WATER SUPPLY AND TREATMENT AGREEMENT ("Agreement") by and among the CITY OF HOLLISTER ("Hollistef'), SAN BENITO COUNTY WATER DISTRICT ('Districf'), SUNNYSLOPE COUNTY WATER DISTRICT ("SSCWD"), and CITY OF SAN JUAN BAUTISTA ("SJB"), sometimes referred to herein as the "Parties" or individually as a "Party," shall be effective as of the date is fully executed by the Parties.
EXPLANATORY RECITALS:
A. WHEREAS, pursuant to the Hollister Urban Area Water Supply and Treatment Agreement entered into on May 29, 2013, by and among Hollister, District, and SSCWD ("Former Agreement"), the Parties, but not including SJB, established principles and objectives for the development of a Water and Wastewater Master Plan ("Master Plan") and for a Coordinated Water Supply and Treatment Plan ("Coordinated Plan") (collectively "Plans") for the Hollister Urban Area ("HUA"), which efforts have been memorialized in the documents enumerated in Article 16.1 of this Agreement; and
B. WHEREAS, pursuant to the Former Agreement, the Parties, but not including SJB, agreed to equitably allocate the capital costs and the costs for the operation and maintenance of certain facilities which were necessary for the implementation of the Plans and consisted of: the upgrade to the Lessalt Water Treatment Plant ("Lessalt WTP"); the construction of the West Hills Water Treatment Plant ("West Hills WTP"); a transmission pipeline from the West Hills WTP to the distribution system; and a transmission pipeline from the Lessalt WTP to the High Pressure Zone (collectively, "Treatment Facilities"); and C. WHEREAS, District advanced from its reserves $34,000,000 to fund the aggregate costs of the Treatment Facilities, consisting of construction costs, final design, environmental review, permitting, and construction management services; and D. WHEREAS, the construction and land acquisition necessary for the Treatment Facilities has been completed; and
E. WHEREAS, the Treatment Facilities are being operated and maintained pursuant to an operation and maintenance agreement executed on August 14, 2013 by and between District and SSCWD ("O&M Agreement"), and last renewed for a five-year term on July 26, 2023, including as it may be amended, replaced, or renewed in the future; and F. WHEREAS, the Parties, now including SJB, have determined that it is in their mutual interests to continue implementing the Plans in the Urban Area ("UA") under this Agreement and to assure the District's recovery of the capital costs of the Treatment Facilities 1 by equitably allocating the costs of those Treatment Facilities among Hollister, SSCWD, and now SJB (collectively, "Wholesale Customers", or individually, "Wholesale Customer"); and G. WHEREAS, the Parties have determined that it is in their mutual interests to terminate the Former Agreement and replace it with this Agreement, to add SJB as a Party, and to update the terms of the Former Agreement to reflect developments since 201 3, and H. WHEREAS, the Parties have determined that it is in their mutual interest to also include in this Agreement terms and conditions to account for the capital costs and the operation and maintenance of a project to improve water supply reliability for the region, the Accelerated Drought Response Project ("ADRoP"); and
l. WHEREAS, the Parties contemplate the construction of a transmission pipeline to provide treated water to SJB's area of service, the full costs of which shall be incurred and paid solely by SJB, and the construction, operation, and maintenance costs of which shall be subject to a separate agreement; and
J. WHEREAS, District holds water entitlements necessary for the provision of wholesale treated water to Wholesale Customers; and
K. WHEREAS, pursuant to this Agreement, District will provide wholesale treated water to Wholesale Customers for their use in supplement to their existing groundwater wells to provide municipal and industrial ("M&|") water service within Wholesale Customers' respective service areas.
NOW THEREFORE, in consideration of the terms and conditions contained herein and the covenants entered into herein, the Parties hereby agree as follows:
ARTICLEl: DEFINEDTERMS
Deflned terms are indicated by quotation marks, and sometimes also with parentheses, when first used in this Agreement, and the defined terms are thereafter capitalized. Such defined terms shall have the meaning that is provided when the term is first used, regardless of whether the term is defined in the Explanatory Recitals or in Articles 2 through 16 herein.
ARTICLE2: TERMOFAGREEMENT
Upon execution of this Agreement by all of the Parties, the Agreement shall become effective and shall remain in force until the capital costs of the Treatment Facilities and ADRoP described in Article 5 herein, including applicable interest, have been fully recovered by District, or until 30 years after its execution, whichever period shall be longer Thereafter, this Agreement shall be 2 automatically renewed as to each Wholesale Customer for subsequent 10-year terms unless a written request for non-renewal is delivered by a Party to each of the other Parties to this Agreement no later than twelve ('12) months prior to the expiration of any renewal period. Notice of non-renewal given by one Wholesale Customer shall not affect the right of the other Wholesale Customers to renew this Agreement.
ARTICLE 3: QUANTITY OF TREATED WATER TO BE PROVIDED
3.1. Amount of Delivery
District, subject to supply limitations and exercise of District's discretion each year as described herein and in Articles 3.3 and 3.4 herein, shall deliver to the Lessalt WTP and the West Hills WTP an aggregate of 5,060 acre-feet ("AF") annually of untreated water, at an average rate of
4.25 million gallons per day ("mgd") for treatment and subsequent delivery to Wholesale Customers for distribution to their municipal and industrial customers, provided however, that District's obligation shall be limited to a maximum delivery rate of no more than 6.5 mgd. District will retain discretion concerning the allocation of water deliveries between the Lessalt WTP and West Hills WTP, respectively, but shall seek input from Wholesale Customers concerning their desired allocations. Water will be deemed delivered by the District to a Wholesale Customer when it passes into the transmission pipelines at the Lessalt WTP or the West Hills WTP used for the conveyance of water to that Wholesale Customer. The quantity delivered will be as measured by the meter on each such transmission pipeline.
3.2. Sources of Water
The Parties acknowledge that District has the following sources of untreated water available to satisry its obligations under this Agreement:
(a) Central Valley Proiect Water
Episodic purchases of imported surface water, including permanent sales and long-term transfers, out-of-basin banked water, and spot market purchases that can, from time to time, be supplied to District through the San Luis Reservoir, San Felipe Project, Hollister Conduit and San Justo Reservoir; and
M&l water delivered to District from the federal Central Valley Project ("CVP") through the San Luis Reservoir, San Felipe Project, Hollister Conduit and San Justo Reservoir pursuant to Contract No. 8-07-20-W0130A-P between the United States and District. as amended and supplemented ("CVP Contract"); and
(b) Water Transfers
(c) Groundwater
Groundwater supplies and surface diversions that District may develop from subbasins to the north of the HUA, including any supplies that may become available through a North County Groundwater Bank generally described in the l\raster Plan and coordinated Plan but yet to be developed, and subject to uncertainty due to unknown results of field testing, regulatory and permitting conditions, and operational limitations.
3.3. Selection of Water Sources and Schedule of Water Demands District shall prepare and provide to Wholesale Customers a written projection estimating the quantity of water to be supplied that year from each of the sources of supply described in Article
3.2 above, by March 1 of each year, or within '14 days of the initial CVP allocation, whichever is later. Within 14 days of receiving District's written projection, each Wholesale Customer shall provide to District a schedule of its estimated monthly water demand for that year The actual quantity of water supplied from each source may vary from District's projection due to hydrologic conditions, pumping restrictions in the Sacramento-San Joaquin Delta, aquifer conditions, or other unanticipated factors affecting availability or cost. The choice of how much water to deliver each year from each source of supply, including whether District supplements its sources of supply using ADRoP, described in Article 5.2 herein, is a matter within District's sole discretion.
Wholesale Customers acknowledge that the CVP Contract supplies available to them are subject to the entitlements and allocations established annually by District.
3.4. Limitations in Supply
The Wholesale Customers acknowledge that District has no control over hydrologic conditions, administrative decisions affecting the Delta, or other factors that may reduce the availability and delivery of imported surface water supplies from the San Luis Reservoir and the San Felipe Project. District shall determine the total available supply each year District shall work together with Wholesale Customers to maximize District's entitlement to CVP M&l deliveries under any Water Shortage Policy adopted by the U.S. Bureau of Reclamation for water allocation during times of shortage. lf, in any year, CVP Contract supplies and other imported supplies are reduced to a level that prevents District from delivering to Wholesale Customers the full amount specified in Article 3.1 above, no liability shall accrue against District or any of its officers, agents or employees for any damage, direct or indirect, arising therefrom. ln the event that District is unable to deliver the full amount specified in Article 3.1 above in any year, the total available supply shall be allocated between the Lessalt WTP and West Hills WTP in proportion to their respective projected annual production requirements provided to District pursuant to 4 Article 3.3 above. The Wholesale Customers further acknowledge that District has an obligation to deliver water to M&l customers other than Wholesale Customers. District shall utilize the water shortage contingency plan included in its most recent urban water management plan adopted pursuant to the Urban Water Management Planning Act (Water Code section 10610 et seq.), as the water shortage contingency plan may be amended and updated from time to time, to allocate water during a condition of water shortage and shall reduce allocations to Wholesale Customers and to such other M&l customers by the same percentage.
3.5. water Quality
(a) Water Qualitv Goals
District shall have the sole discretion as to the sources of water used for treated water deliveries in any year, but shall exercise such discretion only after consultation with the Advisory Committee, as provided in Article 4. t herein with the goal of achieving, in combination with groundwater from the municipal wells of Hollister, SSCWD, and SJB, drinking water of the lowest hardness and mineral content practicable, which, in any event, shall meet all regulatory requirements for drinking water. Water quality goals not included in this Agreement shall be identified in future Water Master Plans and reflected by an amendment to this Agreement. The Water Quality Goals for drinking water are agreed to be both:
(D TDS Concentration
A Total Dissolved Solids (TDS) concentration target of 500 milligrams per liter (mgil) but not greater than 700 mg/L; and
(iD Hardness
A hardness of not greater than 120 mg/L (calcium carbonate). (b) Luture Proiects to t\,4eet Water Quality Goals
The Parties acknowledge that these Water Quality Goals will not be fully achieved solely through the Treatment Facilities as described herein. ln furtherance of achieving the Water Quality Goals, the Parties agree to use their best efforts to plan and implement additional projects in the future to acquire additional surface water supplies and/or implement additional groundwater demineralization projects pursuant to separate agreements. Any such separate agreement shall be among the District and those Wholesale Customers who commit to, and contribute towards, the additional funding for such projects. 5 (c) Diskict Responsible for Qualitv of Treated Water Delivered Except as otherwise provided in the O&M Agreement, District shall be responsible for meeting treated water quality requirements established by the California Department of Public Health ("DPH") Drinking Water Program, shall provide required reports to DPH and shall be responsible for any fines resulting from violation of water quality parameters due to the quality of water produced at the Lessalt WTP and West Hills \NTP, provided, however, that the amount of any such fines that are not a result of District's negligence may be recovered as part of the Treated Water Component of rates. Wholesale Customers shall be responsible for meeting water quality requirements in their respective portions of the water distribution systems and for reports required by DPH regarding such distribution systems.
ARTICLE 4: ADVISORY COMMITTEE
Upon execution of this Agreement, the Parties shall form a four-member Advisory Committee composed of one management representative of each Party, who shall serve at the pleasure of the elected body of such Party. Changes in the designated representatives may be made only upon written notice to each other Party at the addresses set forth in Article 14.
4.1. Function of Advisory Committee
The function of the Advisory Committee will be to facilitate communication among the Parties and to coordinate responses to mutual concerns regarding water supply, water quality, and related issues including the selection of sources of water as such sources influence costs and quality. Potential activities to be addressed include the design, permitting, construction, operation, maintenance, repair and replacement of surface water treatment plants, including, but not limited to, the operation and maintenance of the Treatment Facilities; ADRoP: regulatory requirements for drinking water quality; response to droughts or other water supply disruptions; and allocation of treated surface water supplies in times of shortage, emergencies or other unique needs of the Parties that may arise. The communication, coordination, and cooperation provided for by the establishment of the Advisory Committee shall extend to all provisions of the Agreement, provided fhat, each Party shall retain exclusive decision making authority for all actions, opinions and determinations to be made concerning facilities owned by that Party.
4.2. Limit of Authority of Advisory Committee
Final responsibility and discretion for any decisions relating to construction, operation or maintenance of a distribution system or facility shall remain with the Party that owns the affected distribution system or facility, including that decisions relating to the operation or expansion of 6 the Treatment Facilities and the West Hills transmission pipeline shall be the responsibility of District unless otherwise provided in the O&M Agreement. The Advisory Committee shall be consulted by District each year concerning District's preliminary projection of the selection and proportions of water to be used from the various sources available to District during that year, and shall be advised by District of the potential impacts of such selection and proportions on rates and water quality. The Parties will strive to agree on such selection and proportions of water sources, but District shall have the ultimate authority and discretion on these issues in the event that agreement cannot be reached by April 1 .
4.3. Meetings of the Advisory Committee
Regular meetings of the Advisory Committee shall be held quarterly in the months of February May, August and October of each year at a date and time agreed upon by all Parties. However, special meetings may be called by any Party on ten days'written notice to each other Party, as necessary to address specific subjects related to the implementation of this Agreement, or upon 72 hours prior written notice in the event of circumstances that require a decision before a regularly noticed meeting can be called. lt is anticipated that a special meeting may need to be called in April of each year so that the Parties can consider proposed budgets for the ensuing flscal year. Agendas for all meetings, together with documents to be considered at such meetings, shall be provided to each member at least one week before each meeting of the Advisory Committee, or in the event of emergency, as soon as possible before a meeting.
ARTICLE 5: TREATMENT FACILITIES AND ADROP
5.{. TREATMENTFACILITIES
(a) District Commitment of Funds
District has advanced the amount of $34,000,000 to fund the completion of the Treatment Facilities described below in Articles 5.1(b) and (c), which included the design, permitting and construction of the Treatment Facilities. Pursuant to the payment structure and related terms as provided in Article 6 herein, Wholesale Customers have agreed to repay District for the full cost of design, construction and financing of said Treatment Facilities. (b) Lessalt WTP
(1) Location and Capacity
The Lessalt WTP is located at the intersection of Fairview Road and Sunnyslope Road in San Benito County. lt currently has a production capacity of approximately 2 mgd. 7 (2) lncluded Costs
The costs of the Lessalt Upgrade Project incurred after September 1, 2011, includang but not limited to design, engineering, environmental review, permitting, construction and related legal expenses, have been borne by District and shall be recovered from \Molesale Customers as described in Article 6 hereof.
(3) Pipeline to High Pressurc Zone
A dedicated distribution pipeline was constructed and financed by District to serve the "High Pressure Zone" from the Lessalt WTP, for which the costs of such construction, including design, engineering, land acquisition, permitting, environmental review and legal expenses, have been borne by District and shall be recovered from Wholesale Customers as described in Article 6 hereof.
(4) Ownership
The Lessalt WTP, together with all real property and related appurtenances, is owned by District, with the exception of the distribution pipeline described in Article 5.1(bX3) above which is owned by SSCWD.
(c) West Hills WTP
(1) Location and Capacity
The West Hills WTP is located on the western side of the City of Hollister, north of Union Road.
The West Hills WTP has a capacity of 4.5 mgd and is designed for possible future expansion to I mgd. As of the date this Agreement is executed, the Parties expect that the West Hills WTP will be expanded to 6.75 mgd to accommodate the component of ADRoP described in Article
5.2(d)(1) herein.
(2) lncluded Capital Costs
The costs of the West Hills WTP, including but not limited to design, engineering, environmental review, permitting, construction and related legal expenses, have been borne by District and shall be recovered from Wholesale Customers as described in Article 6 hereof. (3) Ownership
The West Hill WTP, together with all real property and related appurtenances necessary to its operation, including the water transmission line to the connection point of Hollister's distribution system at Nash Road, is owned by District.
8 (d) Non-Convevance Covenant
District covenants that, during the term of this Agreement or subsequent extensions of this Agreement, it shall not convey title to any such real property or to any portion of the Treatment Facilities without amendment to this Agreement.
(e) Operation and Maintenance of Treatment Facilities
(1) Operation Pursuant to Operation and Maintenance Agreement The Treatment Facilities, including the Lessalt WTP, the West Hills WTP and the distribution mains between the treatment plants and each Wholesale Customer's distribution system, shall be operated and maintained pursuant to the O&M Agreement. (2) Wholesale Cusfomers Responsible for Operation of Distribution Pipelines
Wholesale Customers shall be responsible for meeting all statutory and regulatory requirements related to the operation of their respective water distribution systems, including water quality, and shall make all required reports to the DPH and any other applicable entities. Each Wholesale Customer shall ensure that each water service connection in its service area is metered and shall impose on its customers all water conservation requirements imposed on District by state or federal law and by District's CVP Contract, and shall provide District with such information as may be requested by District so that District can comply with such requirements.
(3) Disfrict Responsible for WTP lnflow and Outflow
District shall provide and maintain meters, valves and controls, and instrumentation at connections to the Hollister Conduit, at the turnouts to the Lessalt WTP and West Hills WTP, and at the outlets of the Lessalt WTP and West Hills WTP where the outlet connects to Wholesale Customers' distribution systems. District shall have the meters tested and calibrated annually. A copy of the annual test report will be provided to Wholesale Customers. (0 ers' Res ive Shares of Treatment Ca a
The respective annual treatment capacity of the Treatment Facilities reserved for each Wholesale Customer shall be as follows:
Hollister: Forty-six percent (46%).
SSCWD: Forty-six percent (46%).
SJB: Eight percent (8%).
There shall be no changes in a Wholesale Customer's respective percentage of the treatment capacity absent a separate agreement or an amendment to this Agreement.
I
5.2. ADROP
(a) Proiect Descri n and Caoacitv
The Accelerated Drought Response Project ("ADRoP") includes the expansion of the West Hills WTP to a capacity of 6.75 mgd ("West Hills Expansion"); construction and development of up to five aquifer storage and recovery well sites, including the wells, pumps, disinfection building, electrical cabinets, transformers, appurtenant structures, and security fences ("ASR Wells"); and the installation of water transmission pipelines to convey recharge and recovery water to and from the ASR Wells ("ASR Pipelines"). ADRoP is expected to have the capacity to inject, store, and recover up to 2,700 acre-feet of water each year. ADRoP, including the associated costs and funding, is described further in Exhibit B hereto.
(b) lncluded Caoital Costs
The costs of ADRoP will include, but are not limited to, design, engineering, environmental review, permitting, construction and related legal expenses, for which District, at District's discretion, will seek bond revenues or advance such costs from District's undesignated reserves. The costs of ADRoP shall be recovered by District from Wholesale Customers as described in Article 6 herein.
(c) Grant Fund inq
District has been awarded three grants, totaling $20,000,000, to fund the construction and implementation of ADRoP District received $1 ,800,000 from the California Department of Water Resources ('DWR) funded through the lntegrated Regional Water Management program; $11,500,000 from DWR funded through the Sustainable Groundwater Management Grant Program; and $6,700,000 from the U.S. Bureau of Reclamation funded through the Small Surface Water and Groundwater Storage Projects program. Such grant funding, including any grants that may be secured in the future for funding ADRoP, shall offset \Molesale Customers' repayment obligalions described in Article 6.3(a)(2). Any capital costs not recovered through grant funding shall be recovered from Wholesale Customers as described in Article 6. (d) Ooeration and Maintenance of ADRoP
(1) Expansion of West Hills WTP
Upon completion of the West Hills Expansion, the West Hills WTP, as expanded, shall continue to be operated and maintained pursuant to the O&M Agreement. 10 (2) ASR Wells and Pipelines
The construction, operation, and maintenance of the ASR Wells and ASR Pipelines may be operated and maintained under a separate operation and maintenance agreement. Whether the ASR Wells and ASR Pipelines are operated under the existing O&M Agreement or a separate agreement shall be determined at District's sole discretion. (e) Ownership of ADRoP
All buildings, storage tanks, pipelines, structures, improvements, appurtenances, and fixtures associated with ADRoP, including the West Hills Expansion, ASR Wells, and ASR Pipelines, shall be owned by District.
5.3. CAPITALIMPROVEMENTS
(a) Capital lmprovements to Complv with Law or Requlation District shall have the responsibility to construct additional capital improvements for the Treatment Facilities and ADRoP necessary to comply with law or regulation, up to a total expenditure equal to the amount then accumulated in a fund for such improvements ("Capital Replacement Reserve"), provided that this responsibility shall not require the District to expand the capacity of the Treatment Facilitres beyond the level necessary to meet District's obligation to treat 5,060 AF of untreated water each year as described in Article 3.1 herein. Should the costs for such required capital improvements exceed the amount then accumulated in the Capital Replacement Reserve, District shall be required to acquire funding at the best available rate. lf District must acquire third-party financing, each Wholesale Customer agrees to pay District its actual true principal and interest costs, plus 25 basis points, in equal monthly installments on a twenty-year amortization schedule. District shall provide notice to Wholesale Customers at least six months prior to acquiring such third-party financing to the extent reasonably practicable under the circumstances.
(b) CaDital lmorovements to Accommodate Future Growth Demands District shall not be obligated to plan, design or construct future improvements for increased capacity of the Treatment Facilities or ADRoP or of raw water supply to the Treatment Facilities to accommodate future growth and demand, nor shall Wholesale Customers be obligated to pay for such improvements. Notwithstanding, District and one or more Wholesale Customer may agree to assume such obligations through a separate agreement, or, if all Parties agree, by an amendment to this Agreement.
11 ARTICLE 6: PAYMENT FOR TREATED WATER SERVICE
6.1. Wholesale Customers' Payment Obligations and Covenants The full cost of treated water service for which Wholesale Customers shall collectively be obligated to pay District shall include the whole of the Capital Costs, Fixed Operational Costs, and Variable Operational Costs of the Treatment Facilities and ADRoP, which are comprised of the various cost components set forth herein in Article 6.3, subparagraphs (a) through (c) ("Full Costs"). With respect to the cost components that obligate Wholesale Customers to pay costs based upon their respective share of treatment capacity, Article 5.1(f) herein shall govern each Wholesale Customer's respective share. Wholesale Customers confirm, represent, and warrant to maintaln fully effective water rates sufficient to meet Wholesale Customers' payment obligations hereunder during the term of the Agreement.
6.2. Wholesale Customers' Obligations and Delivery of Water No Wholesale Customer shall be required to take delivery of the full amount of water it has requested from District pursuant to Article 3.3 herein. Provided, however, that each Wholesale Customer shall remain obligated to pay the whole of their respective amount of the Capital Costs and Fixed Operational Costs described in Article 6.3 herein each year, regardless of whether they request or accept delivery of water lf a Wholesale Customer requests water for a given year, regardless of whether the Wholesale Customer takes delivery of the full requested quantity, that Wholesale Customer shall remain obligated to pay at least seventy-five percent (75%) of the Variable Operational Costs, described in Article 6.3 herein, for the quantity of water the Wholesale Customer requested.
6.3. costs to Be Paid to District
Except as provided in Article 6.3(f) herein, each Wholesale Customer shall make monthly payments to District for its respective percentage of the Full Cost based on the structure of payment obligations and cost components outlined in subparagraphs (a) through (c) below. For purposes of subparagraphs (b) and (c) below, the Wholesale Customers' obtigation to pay Fixed Operational Costs and Variable Operational Costs for the Treatment Facilities shall include those costs associated with the West Hills WTP following completion of the West Hills Expansion. A description of each cost component of the Full Cost, including the methodology for calculatrng each, is described further in Exhibit C hereto. 12 (a) Capital Costs
Wholesale Customers shall pay the capital costs for the Treatment Facilities and ADRoP Such capital costs include, but are not limited to, the cost of developing, permitting, preparing environmental review documents, designing, bidding, and constructing, including legal consultation ("Capital Costs"), for the Treatment Facilities and ADRoP Wholesale Customers agree to reimburse District for the Capital Costs pursuant to the cost components set forth herein.
(1) Capital Treatment Component - Treatment Facilities
The Capital Treatment Component shall be calculated such that when paid through completion of the Wholesale Customer's amortized monthly installment payments ("Capital Recovery Schedule"), District shall have recovered the entirety of the Capital Costs for the Treatment Facilities. The amount payable by each Wholesale Customer shall be based on the percentage of the treatment capacity to which each Wholesale Customer is entitled pursuant to this Agreement. Subject to Article 6.3(0, the Capital Recovery Schedule, set forth in Exhibit A hereto, shall describe the payment schedule for the Capital Treatment Component Payable by each Wholesale Customer.
(2) ReliabilW Fee Component - ADRIP
The Reliability Fee Component shall be based on an amount determined by District to be sufficient for District to recover any remaining Capital Costs for ADRoP not recovered through grant funding, which shall be derived via bond financing or from District's undesignated reseryes, the option of which shall be at District's sole discretion. ln the event District issues bonds to cover the remaining Capital Costs associated with ADRoP, either in whole or in part, the Reliability Fee Component shall include repayment of the principal of the bonds but shall not include any applicable interest accrued on those bonds, and payment of such interest shall remain District's obligation. The amount of the Reliability Fee Component payable by each Wholesale Customer shall be on a per-acre-foot basis of treated water delivered to each Wholesale Customer, including that District shall also collect the Reliability Fee Component from each of District's other M&l customers, including those not receiving water pursuant to this Agreement. The Wholesale Customers' obligation to pay the Reliability Fee Component shall be terminated as of the date that District has collected the whole of the unfunded Capital Costs associated with ADRoP, excluding interest.
13 (3) Capital Replacement Reserve Component
The Capital Replacement Reserve Component shall be established and maintained in a manner consistent with District's Policy on Restriction and Designation of Net AssetsiCash ("Reserve Policy"), attached hereto as Exhibit F, including as that Policy may be amended from time to time by District upon 30 days' notice to Wholesale Customers. As set forth in the Reserve Policy, last adopted on May 28, 2025, the amount collected through the Capital Replacement Reserve Component will be used only for capital replacement of assets to account for depreciation of the Treatment Facilities, and funds so expended will be replaced through subsequent contributions. The obligation of Hollister and SSCWD to pay the Capital Replacement Reserve Component under this Agreement shall be postponed until SJB has fully paid its respective share of the Capital Replacement Reserve Component, upon which Hollister and SSCWD shall begin payment of their respective shares. (b) Fixed Operational Costs
Wholesale Customers shall pay the flxed operational costs for the Treatment Facilities. "Fixed Operational Costs" consist of the operation and maintenance expenses associated with the Treatment Facilities that do not vary or depend on the amount of water that is treated or delivered. Each year, when District makes its preliminary supply projection as described in Article 3.3 herein, District shall identify the anticipated costs for each component of the Fixed Operational Costs. The amount of the aggregate Fixed Operational Costs payable to District by each Wholesale Customer, comprised of the cost components below, shall be based on the percentage of the treatment capacity to which each Wholesale Customer is entitled pursuant to this Agreement.
(1) Administrative Fee Component
The Administrative Fee Component shall be based on an amount equal to five percent (5%) of District's total payroll expenses, enabling District to recover a share of its costs of management, supervision, accounting, and the legal and general administrative costs of owning, managing, and operating the Treatment Facilities and ADRoP
14 (2) Direct Cost Component
The Direct Cost Component shall be based on the amount necessary for District to recover the fixed costs of ownership of the Treatment Facilities, including property insurance, fees imposed by the State Water Resources Control Board Division of Drinking Water, and other similar costs of ownership.
(3) Fixed Treatment Component
The Fixed Treatment Component shall be based on the amount necessary for District to recover the fixed costs of treating water using the Treatment Facilities. (c) Variable Operational Costs
The Water Supply Component shall be based on the amount necessary for District to obtain raw water for the ensuing year from the Central Valley Project (CVP) and other sources delivered to the Treatment Facilities. District's revenue requirements shall be determined in conformity with District's normal rate-setting process, which District reserves the right to modify upon one year's notice to Wholesale Customers.
Shoftage Conditions - Additional Cosfsi During periods of shortage, should the actual cost of raw water exceed the amount projected by District in its normal rate-setting process, District shall consult with the Advisory Committee to determine if additional costs shall be incurred. Should the recommendation of the Advisory Committee be to incur additional costs, such costs shall be borne by \Molesale Customers and recovered through the Water Supply Component. Recovery of such additional costs shall be included in the Water Supply Component of rates and charges invoiced to Wholesale Customers, amortized over a twelvemonth period beginning on the date when District obligates itself to incur such additional costs.
Requesls for Additional Water: ln any year, any Wholesale Customer may request additional water to be delivered that year, and District shall accommodate the request provided it determines that additional water is available and delivery of the additional water does not affect 15
Wholesale Customers shall pay the variable operational costs for the Treatment Facilities and ADRoP "Variable Operational Costs" consist of the operation and maintenance expenses associated with the Treatment Facilities and ADRoP that vary depending upon the volume of water that is treated and delivered. The amount of the aggregate Variable Operational Costs payable to District by each Wholesale Customer, comprised of the cost components below, shall be based on the percentage of treated water delivered to each Wholesale Customer pursuant to this Agreement.
(1) Water Supply Component
the other Wholesale Customers' costs or allocation of water for that year. All costs incurred by District to deliver such requested additional water shall be borne by the Wholesale Customer or Wholesale Customers making the request and recovered through the Water Supply Component. (2) Vaiable Treatment Component
The Variable Treatment Component shall be based on the amount necessary for District to recover the Variable Operational Costs of treating raw water using the Treatment Facilities and for delivering treated water to the ASR Wells for purposes of ADRoP (d) ADRoP - Deferred Pavment of Costs lncurred Durinq Storaqe Years Notwithstanding the foregoing, in years when District's total water supply is determined by District to be sufficient to store water using the ASR Wells, payment for any costs associated with the Water Supply Component or Variable Treatment Component attributable to water stored using the ASR Wells and ASR Pipelines shall be deferred and those costs shall be borne by District until such time that any stored water is recovered from the ASR Wells and delivered to Wholesale Customers. District shall account and bill for water recovered from the ASR Wells in the same manner it would account and bill for transfer water acquired by District, and District shall recover such deferred payments through the Water Supply Component. District shall also recover such unpaid costs for water stored using the ASR Wells and ASR Pipelines from its other M&l customers, including those not receiving water pursuant to this Agreement, in the same manner as from the Wholesale Customers.
(e) Extraordinarv Operations and Maintenance
Extraordinary operations and maintenance costs outside of the anticipated annual budgeted amount shall be discussed by the Advisory Committee before District commits to such costs or includes them in a Wholesale Customer's invoice. Nevertheless, if District determines after discussion with the Advisory Committee that such costs are necessary to provide a safe reliable source of potable water that meets all regulatory requirements, or if such costs are required to provide for the continuing safe operation of the Treatment Facilities or ADRoP, District shall have authority to incur such costs and include them in the Wholesale Customers' invoice, itemizing such costs under the cost component District determines is appropriate, amortized ovet a 12 month period.
(0 SJB'S Deferred P nt Oblioations
Notwithstanding the foregoing payment obligations, SJB shall not be obligated to pay any cost components set forth in Article 6.3 herein until (i) SJB first takes delivery of water pursuant to this Agreement, or (ii) two (2) years has passed from the date of execution of this Agreement, 16 whichever shall occur first (the "Payment Commencement Date"), provided, however, that SJB shall not be obligated to pay Variable Operational Costs or the Reliability Fee Component until SJB first takes delivery water. During the period from the date of executron of this Agreement to the Payment Commencement Date, Hollister and SSCWD shall collectively be obligated to pay the whole of the Fixed Operational Costs, with each paying one-half of such costs. On the Payment Commencement Date, or within a reasonable time thereafter, District shall prepare an updated Capital Recovery Schedule to incorporate SJB'S obligation to pay the whole of its respective share of the Capital Treatment Component. The updated Capital Recovery Schedule shall also reflect the contribution applied against SJB's payment obligations as set forth in Article 6.5(b) herein. District shall provide each Wholesale Customer a reasonable time to review the updated Capital Recovery Schedule. Upon the approval of the updated Capital Recovery Schedule by all Parties, which approval shall not be unreasonably withheld, the updated Capital Recovery Schedule shall replace and supersede the original Capital Recovery Schedule set forth in Exhibit A hereto without the need for a formal amendment.
6.4. FinancialCovenants
(a) Adequacv of Wholesale mers' Revenue Sources
Wholesale Customers shall maintain adequate revenue sources to pay the whole of their respective share of the annual Full Cost of treated water service during the term of this Agreement.
(b) Financial Reportinq Requirements
The financial reporting requirements shall be as follows: (i) Each Party shall provide audited financial statements to each other Party within nine (9) months of the fiscal year end, and (ii) each Wholesale Customer shall provide to District an annual budget for its respective water enterprise within 30 days of its approval, demonstrating compliance with Wholesale Customer's financial obligation set forth in Article 6.4(a) herein. (c) Wholesale Customers' Pledqe of Revenues
ln order to secure the payment of the Capital Treatment Component payable by Wholesale Customers to the District, each Wholesale Customer hereby pledges its "Net Revenues", hereby defined as the amount equal to all of the gross revenues received by Wholesale Customers during any period, less the amount required by the Wholesale Customer to pay for all Fixed Operatronal Costs and Variable Operational Costs which are payable during any such period.
Subject to preexisting pledges or liens on the Wholesale Customers' Net Revenues, this pledge shall constitute a first pledge of and charge and lien upon the Wholesale Customers' Net 17 Revenues for the repayment of the Capital Treatment Component and shall be valid and binding from and after execution of this Agreement, without any physical delivery thereof or further act. The pledge to District under this Paragraph shall be on parity with any pledges or liens against the Wholesale Customers' revenues prior in time to the execution of this Agreement. After execution of this Agreement and upon written request by any Wholesale Customer, District shall promptly consider, in good faith, any request by the Wholesale Customer that District consent to subordination or other modification of District's secured position to the extent that subordination or other modification does not materially impair District's secured position, and shall not unreasonably withhold consent to that request. 18 6.5. Billing and Payment
(a) lnvoices
District will issue invoices to each Wholesale Customer by the 1oth day of each month- The invoices shall show the total amount due, and the amounts owed by Wholesale Customers for Capital Costs, Fixed Operational Costs, and Variable Operational Costs, separately stated in the categories and components described above and illustrated in Exhibit C attached hereto. (b) Non-Reimbursable District Contribution - SJB
District shall contribute a non-reimbursable contribution to be applied against SJB's payment obligations for the Full Cost of treated water service in a total aggregate amount of $869,565. (c) Pavment
Wholesale Customers shall remit payments due and owing after application of available credits to District on or before the 1sth of the month following receipt of the invoice. District may assess a late charge to a Wholesale Customer that fails to make full and timely payment. The late charge payable to District shall be ten percent (10%) of the amount of the late payment that is overdue for ten (10) or more days. The late charge shall increase by an additional ten percent (10%) each year that the late payment remains outstanding, Any amount in dispute must be paid pending resolution of the disputed amount. A dispute concerning the amount owed on an invoice does not relieve a Wholesale Customer of the obligation to pay the full invoice amount in a timely manner.
6.6. Accounting
(a) Application of Wholesale Customer Pavments
ln the event a Wholesale Customer's payment for any given invoice is insufficient to meet the Wholesale Customer's obligation to pay the Full Cost of treated water service, District shall apply the revenue received for that invoice to satisfy the Wholesale Customer's obligation, in whole or in part, for payment of any cost component of the Full Cost of treated water service, the allocation of which is to be determined at District's sole discretion. (b) Account Manaqement
District shall keep its accounts pertaining to this Agreement separate and distinct from its general funds, and consistent with generally accepted accounting principles. District shall, each year, upon request of a Wholesale Customer, provide the Wholesale Customer a detailed accounting of costs and expenses for the Treatment Facilities and ADRoP, disposition of all Wholesale Customer revenues, and a summary of all water deliveries made during the year.
Wholesale Customers and District shall enter into good faith negotiations to resolve any discrepancies or disputes relating to accountings, reports, or records of use.
ARTICLE 7: DISPUTES AND ATTORNEYS, FEES
lf a dispute arises between the Parties regarding breach of this Agreement or interpretation of any term of this Agreement, the Parties shall flrst attempt to resolve the dispute by good faith negotiation, followed by mediation if negotiation fails to resolve the dispute. The steps for dispute resolution agreed by the Parties are as follows:
Steo One:
The managers or other persons designated by the disputing Parties will negotiate on behalf of the entities they represent. The nature of the dispute shall be reduced to writing by each such Party together with the relevant facts asserted and shall be presented to the manager of the other Party who shall then meet and attempt to resolve the issue. lf the dispute is resolved at this step, there shall be a written memorialization of such resolution, signed by each disputing Party's manager and ratified by each Party which shall be binding upon the Parties.
Steo Two:
lf the dispute cannot be resolved within ten (10) days at Step One, the disputing Parties shall submit the matter to non-binding mediation. The dispute shall be heard by a mutually acceptable mediator and any common costs of mediation shall be borne equally by the disputing Parties. The Parties shall each bear their own costs and fees therefore. lf the issue is 19 resolved at this step, a written memorialization of such resolution shall be signed by each manager and approved by the respective disputing Party.
Step Three:
lf a dispute cannot be resolved through negotiation or mediation, a disputing Party may bring an action in the Superior Court of the State of California to resolve the issue. The prevailing Party in such an action shall be entitled to its reasonable attorney fees as may be awarded by the trial court or upon appeal.
ARTICLE 8: LIMITATION OF LIABILITY
Wholesale Customers and each of them recognize and agree that no liability for damages shall attach to District, its officers, employees, agents and representatives hereunder on account of any failure to accurately anticipate availability of water, or because of actual failure of supply due to any damage to District equipment, pipelines, or facilities caused by vandalism, war, riot, invasion, fire, governmental restrictions, shikes, inability to procure supplies, Acts of God, or other causes beyond its control. Wholesale Customers and each of them shall indemnify, hold District harmless from and defend District against all claims of damage to persons or property or regulatory enforcement actions that may be asserted due to conditions within Wholesale Customers' dishibution system or systems that are beyond Dishict's control. District shall indemnify, hold Wholesale Customers and each of them harmless from, and defend Wholesale Customers and each of them against all claims of damage to persons or property or regulatory enforcement actions that are a result of District's negligence that may be asserted due to conditions within District's distribution system or systems that are beyond the control of Wholesale Customers and each of them.
ARTICLE 9: TERMINATION
This Agreement is condrtioned upon the faithful performance by all Parties of all the terms and provisions herein. Pursuant to Article 10, any Party may give notice of termination for breach of a material term of this Agreement and shall thereupon commence dispute resolution pursuant to Article 7; one of the remedies in dispute resolution may be termination of the Agreement.
ARTICLE l0: DEFAULT
10.1. Notice and Rightto Cure
Upon default of any of the terms of this Agreement including but not limited to failure to make required payments, violation of any material provision of this Agreement, law, or regulation, the 20 non-defaulting Party or Parties may terminate this Agreement by giving a 180-day notice; however, during the 180-day notice period, the defaulting Party shall have the right to cure any such default. The right-to-cure period may be extended upon mutual written agreement of all Parties.
10.2. Consequences of Default
lf a Wholesale Customer defaults on its obligations under this Agreement, it will be required to pay all resulting direct damages including its respective share of all remaining Capital Costs incurred by District for development and construction of the Treatment Facilities and a percentage of the outstanding Capital Costs for ADRoP based on its respective share of treatment capacity as described in Article 5.1(f) herein, including interest, in addition to its financial obligations to District that remain unpaid as of the date of the default, together with District's reasonable attorney's fees incurred in a successful enforcement of the Agreement.
Should any incidence of default not be resolved within one hundred eighty (180) days as same may be e)dended, all applicable legal and equitable remedies shall be available to the Parties, including an injunction requiring a defaulting Party that operates the Treatment Facilities under contract to continue such operations on a time and materials basis for no less than one yeat ARTICLEll: AMENDMENTS
11.1. Amendment Only by Writing
This Agreement may be amended only by a writing executed by all Parties unless expressly provided otherwise herein.
11.2. Changes in Parties' Service Areas
The Parties hereby agree that any change in a Wholesale Customer's service area shall modify Exhibit D hereto upon such Wholesale Customer's submission of a map showing the adjusted service area. Any area added to a Wholesale Customer's Service Area that receives treated water pursuant to this Agreement must be within the boundaries of District's Zone 6, as shown on Exhibit E, and as Zone 6 may be amended from time to time. Upon any change in the boundaries of Zone 6, Wholesale Customers shall be provided an updated map of Zone 6 without the need for formal amendment of this Agreement. 21 ARTICLE 12: SUCCESSORS AND ASSIGNS
Sub.iect to the provisions of Article 13 herein, this Agreement and all terms and conditions herein shall inure to the benefit of and be binding upon the successors and assigns of the Parties hereto.
ARTICLE 13: ASSIGNMENT
No assignment or transfer by a Wholesale Customer of the Agreement or any part thereof, or any rights hereunder or interest herein of a Wholesale Customer, shall be valid unless approved by District. Such approval by District shall not be unreasonably withheld.
ARTICLE 14: NOTICES
Any notice required under this Agreement shall be in writing and shall be effective three days after it is sent by United States mail, addressed to all Parties at the addresses set forth below, or as such addresses may be modified by a Party upon written notice to each other Party. A copy of the mailed notice shall also be provided to each other Party by electronic mail sent to the email addresses provided below:
SAN BENITO COUNry WATER DISTRICT CITY OF HOLLISTER
30 Mansfield Road 375 Fifth Street
Hollister, CA 95023 Hollister, CA 95023
[email protected] [email protected]
SUNNYSLOPE COUNTY WATER DISTRICT
3570 Airline Highway CITY OF SAN JUAN BAUTISTA
Hollister, CA 95023 311 2nd Street [email protected] San Juan Bautista, CA 95045 [email protected]
ARTICLE 15: NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement is intended to confer any rights or remedies upon any person other than the Parties.
22 ARTICLE 16: OTHER PROVISIONS
Other provisions pertinent to this Agreement are as follows:
16.1. lntegration
This Agreement embodies the entire agreement among the Parties relating to the subject matter hereof and supersedes all prior agreements and understandings, written or oral, relating to such subject matter, provided, however, that, in the event of dispute arising under this Agreement the Parties agree that the following documents may be referred to as an aid in determining the intent of the Parties in entering inlo this Agreement:
(a) Memorandum of Understandinq, December 2004 and as amended in Februarv 2008.
(b)
(c)
(d)
(e)
(0
n Area Water and Wastewater Maste
Coordinated Water Suoplv and Treatment Aoreement. 2010.
Water SuoDlv and Treatment Aq ment Statement of lntent. 2011 Hollister Urban Area Water Supplv and Treatment Aoreement. 2013 San Benito Urban Areas Water oolv and Treatment Master Plan Uodate. 2023.
16.2. Relationship of Parties
Each Party is an independent entity and is not the agent of any other Party, except as otherwise expressly provided in the Agreement or as otherwise agreed by the Parties in writing. This Agreement shall not be construed as constituting the Parties as partneE or joint ventures for common law purposes, federal, state or local income tax purposes, or otherwise.
16.3. Controlling Law
This Agreement shall be construed, governed, and applled in accordance with the laws of the State of California.
16.4. Captions
Captions of the Articles and subsections of this Agreement are intended solely for the convenience of the Parties and shall not be used to discern of the meaning of the Agreement.
ZJ
lN WITNESS WHEREOF, the Parties hereto hereby agree to be bound by the provisions, terms and covenants of the San Benito Urban Area Water Supply and Treatment Agreoment.
SANBENITO COUNTY WATER DISTRICT
By Date: Z Z
(Print name) ill; 9
Its: fuira id,oi'*
CITY OF HOLLISTER
, Board of Directors
Date: \O')Q'25
c e ollister Council
{gan;kNdu-or{+t
A
the Board
etutuq. L, rYtatro
Ltl^l
lu,l) (Print name):
Its: Ituto-yo/ Attest
(Print name):
Its: lJoord Presrdent
SUNNYSLOPE COUNTY WATER DISTRICT
A
CITY OF SAN JUAN BAUTISTA *Oa4, l-ardlr
By:
(Pri
Its:
me): Lesue
lrloYoe. V-,pr-"t\
24 Attest
ncil
\--4^ / )4arr.
By:
By: o.e, 091J3/J5
Datet Oc-xc'E<*- 1),2-0?3
EXHIBIT A: Capital Recoverv Schedule
Tranche 1-City of Hollister
Loan amount
Annuat interest rate
Loon period in years
Start date of loan
Monthly payment
Number of payments
Total interest
Total cost of loan
Enter values
:.t". 4,500,000.00
4.50ff/6
30 ..- .". ,!/_1/t_01-3-
360. .-.--.----4
s 3,708,302.02 ,
'l----t
'ia,f9l:0-11
BilH to Drtc
tltlz0L{ 5
71u2015 $
TlUZOti 5
7h/2017 5
7hl20t8 5
7lrl20t9 s
Tltlzozo s
7lLl202t 5
7lL/2022 5
lllzaB 5
7lLl20Z4 s
7l1l7O2S 5
7ftno26 5
7lu202r $
7lU2O28 5
7lu202e 5
7lrt2ola 5
uy203L 5
7lL/2O32 5
711t2031 5
tht2oy $
TlLno3s 5
7hl2o36 5
71112037 5
7lu2a38 5
7/1/2039 S
7fipw 5
7llllop,t 5
-tlt/}c/;z I
7lu2w? I
eElza{3 s
Et8lnnin8
Bahncc
4,445,860.12 s
4,370,778.06 $
4.292.246.42 s
4,210,r07.05 s
4,1t4,194.23 $
4,A34,334.57 $
3,940,346.79 $
3"842,041.21 s
3,739,219.50 $
3,631,674.18 5
3,519,188.24 $
1,40t,s11.72 $
32't9,476.2r s
3,149,764,42 s
3,015,r39.64 s
2,874,330.21 $
2)2?,c5,.02 s
2,S73,007.90 s
2.411,887,02 s
2,24r,364.27 s
2,067,099.62 s
1,882,717.10 s
1.589,905.62 s
1,488,215,17 s
r,277,259.L0 s
1,056,611.7S s
823,827.89 s
584,441.87 s
331,966.51 s
67,892.69 s
22,715.66 s
EndlnS
Erhncc
4,439,731.55
4.364357.54
4.285,541.51
{,203,094.12
4,r15,859.12
4,026,562.49
3,932,322.2S
3.833,548.03
3,730,W.74
1,622,492.t2
3,509,s84.35
3,391,489.63
3.267,969.66
3,L38,775.20
3,003,645.57
2,852.308.11
2,7t4,477.61
2,559,855.84
2,398, r30.76
2,228,976.05
2,0s2,050.41
1,866,996.83
1,673,441.92
1,470,995.14
7,259,t47.99
1,0?7,77!.20
806,123.91
s63,832.59
t10,410.65
45,346.45
0,00
Flscrl Yer
Prlnclpal
s 50,25t.44
s 75,353.92
5 78,826.13
s 82,447.39
s 86,23s.01
s 90,196.63
s 94,340.24
S 98,674.22
S tot,zoz.zg $ 107,948.62
$ tt2,9oz,z6
s 118,094.72
S rzl,srs.gz
S 129,194.'t6
s 135,129.63
s 141,337.46
$ rcz,s3o.48
S rs+,ezr.zs
S 161,725.08
s 169,154.71
5 t76,92s.il
S 18s,083.58
S rgl,ss+.gr
5 202,4d,5,78
s 211,747.15
5 22L,474.78
s 231,649.29
s 242,29L.22
5 253,422.04
s 255.041.20
S 45,346.45
Flscal Year
lntlrtst
$ 167,739.95
5 198,246.14
s 194,7&'.s4
$ rgr,roz.sg
s 187,37s.06
S 1E3,413,44
I 179,259.t2
$ 174,935.85
S t70,4o2.77
$ 165,661.45
s 160,70231
$ 155,515.34
S 1so,o9o.o9
$ r44,ars.or
s 138,480.44
5 L?2,272.6t
$ 125,779.59
S 118,988.28
$ u1,884.98
S r04,45s.36
$ 96,684.42
s 88,555.49
s 80,05s.15
S 71,163.2E
5 51,862.91
$ 52,135.29
s 4l,9fi.77
s 31,318.t4
$ 20,188.03
5 8,545.86
s 2s5.23
25 , s 22,800,84
Tranche 2 of Hollister
Enl€r values
Loan amount
Annual intertst rate
Loan period ln years
Start date ofloen
Monthly payment
Numbrrof payments
Total interest
Total cost ofloan
I "..
240
a
Billed to Datc
7lrl20t5 I
71112016 5
Tlr/aOLt 5
7lLl20LE 5
7la701e i
Tltlla?o 5
7lr/7021 5
'uL17022 5
7lL/2O23 5
7lt/2o2.4 5
7lrl7.O7s 5
71u7026 s
71u2027 5
TlLlZo?* $
7l:.l2a29 5
1lL/7010 5
71u1037 s
71L12032 s
7/u2033 $
711/2034 s
5/U203s S
Ecglnnlq fBeil Ytar
Balrnce Prtnclpel
5,435,sS{,.42 5 ro,o4r.rs
5,301,110.49 s ra*,sos,g0
5,109,724.4s $ 192,024,00
4,910,s41.04 $ 199,847.35
4,703/42ff $ 207,989./t4
4,/t87,498.49 $ ?16,463.25
4,?62,964,54 $ 225,282.30
4029,282,93 $ 134,460,55
3,786,080.67 I 244,012,93
3,s32,e69.e8 $ 253,954,40
3,269,s47.16 s 254,3m.89
2,995,392.0s $ 275,068.92
:,710,067.52 $ zag,zzs,6s
1,413,118.39 $ 297,938.96
2,104,071.10 $ 310,077.46
r,?82,132.71 5 322,710.49
1,44?,690.33 s 335,858.21
1,0ee,31o.oo 5 l+g,sqr.ss
736,736.12 $ 363,782.ttg
359,3S.43 $ 378,603,52
33.218.19 $ 327,259.48
F.lcil VCET
lmcrert
I 35,616.68
$ 215,440.12
$ 2oz,9z3.oz $ zm,osg.6r
S 191,957.58
5 183,483.77
$ u4,654.72
$ r6s,485.37
$ 155,934.09
s 145,992.62
s 135,645.12
s 124,878.10
I ttt,6zt.lz
s 102,008.05
$ 89,869.56
$ 77,235.53
5 54,0E8.80 $ so,aos.ar
$ 36,1&4,56
$ 21,343.50
5 5,029.71
26 LQa!
zo,
,hl2o7s
Tranche 1"- Sunnyslope Counry Water Dist.
laan amount
Annual interest rate
Loan period in years
Start date sf loan
Monthly payment
Numher ofpayments
T0tEl interest
Total cost oF loan
Enter values
6,900,000.00
4.599%
30 9/r/2013
32,934.55
360
5,356,436.25
11,856,436,25
s
s
Btllcd tq Drt
717/2Ot4
Thl2ots
?l7l2a,6
7lLlaAfi
7ltl?frr
7lu20L9
7/u?I.70
711t202t
7/un77
Tl1lwzg
7lu20l4
7/rla0?s
7l]/7AZ6
rhl&z7
7lt/N28
ilu20t9
7lt20n
IILI?JJ.IL
711170,32
Tluzars
71112014
7lyzals
Tnlm!$
71112fl37
7lya0?8
711120?9
7lr{zw
Thlwt
7l1l?p,.2
1/11?fp.3
elll?s4.}
Ec$nnlry
6alancr
6.421,798,39 $
6,313,346.08 s
6,199,91r.5S $
5,081,265.75 s
5,957,L69,44 s
5,827,372.15 3
5,691,612.02 $
5,549,615.O9 s
5,401,094.&l s
5,245,751.59 $
5,083,271.90 S
4.913,327.93 S
4,735,576.15 $
4,549,659.72 s
4,355,201.70 s
4,151,810.30 s
3,939,075.14 5
3,716,566"97 S
3,483,836.81 s
3,2$,415.06 s
2,985,810.57 5
2,719.509.58 s
?,44r.,97*."t8 5
2,149.644.14 5
1.844,929.81 S
1,526,216.97 s
1,192,862.51 S
8tr4,193.8r 5
479,507.33 I
98,067.21 S
32,811.s0 5
Faym€rt
32,934,55 s
32,934.55 s
32,934.55 $
32,934.s5 $
32,934.ss s
32,934.ss $
32,934.5s S
32,934.Ss I
32,934.55 I
32,934.55 S
32,934.Ss $
32,934 55 S
32,934.55 s
32,934.ss S
32,934.55 S
32,934.s5 S
32,934.55 S
32,934.55 S
32,934.55 $
32,934"55 s
32,934.55 S
32.934.ss S
t2,9y.s5 5
32,934.5s $
32,934.!5 S
12,914"55 s
32,934.55 S
32,934.55 S
32,934,55 S
32.934.55 s
32,93,+.55 s
Endlng
Bilance
64r2,945,59
5,304,086,59
6190,226.61
6.07r,,135.95
5,945,574.28
5,815,290,?6
5,680,021.02
5,337,491,60
5,38{3,414.40
5,232,488.61
5,059,399.63
4,898,818.36
4,720/04.62
4,533,785.40
4,338,599.16
4,134,445.O5
3,920,9L2.t3
3,697,569,s5
3,463.966,65
3,2r9,632.O7
2,96/.,O72.A1
2,695,7n.14
2,417,193.89
2,124,17A.76
1,818,913.76
1,499,005.74
1,164,401.20
814,424 99
448,370.9'l
65,s00.42
0.00 tr3€el Yeer
Prirdpal
s 87,054.41
$ 108,8s9.00
$ 113,859.95
S 1il,,090.6r
S 124,s51.67
s 130,284.02
s 136,259,24
$ 142,s29.43
s 149,077.20
$ 155,92s.78
s 163,088.99
I 170,581.27
$ 178,417.74
s 186,514.22
S 195,187.ztt
I 204,154.11
s 213,532.92
$ 223,342.58
$ 2t3,602.90
$ 244,334.58
s 25s,5s9.25
s 267,299.61
5 279,579.31
s 292,423.13
s 305,857.00
s 319,908.{t2
S 334,604.54
s 349,975.21
$ 366,054.06
s 382,870.s2
$ 65,s00.42
ll'ciil lear
lnt€frst
s $ 242,29r.04
s
s
s
s
s
S
s
s
I
S
I
s
s
s
5 s
s
s
s
s
$
s
5 s
s
s
s
s
s
s
s
s
s
5 )
5 )
s
$
S
s
5 s
S
$
s
s
s
5 s
5 $
s
s
s
s
5 $
s
s
286,355.54
281,354.58
276,L23.87
270,652.57
264,930.s3
258,945.30
252,585.12
246,L37.31
239,288.76
232,125.s6
224,633.28
216,796.80
208,500.32
200,027.30
191,060.43
181,681.53
171,871.96
150,8?9.97
139,65s.28
127,914.93
115,635.23
102,791.41
89,357.54
75,306.52
60,610.01
45,238.33
29,160.49
12,3114.03
368.67
161.6 11.64
27 Tranche 2 - Sunnyslope Coun{y Water Dist.
Enter values
Loan amount
Annual interast rate
Loan period in years
Start date of [oan
Monthly payment
Number of payments
Total interest
Total cost of loan
Billed to Date
8,!99,.S0,@
4.000%
20 317/2OL5
$ _1.1,508.33
240
,$
i_
'-'
:S
.i* - 1,9919_91.7-2
12.361,998.72
7/g29l5 s
7lL/2016 s
7/1/2017 s
7/r/2018 S
7/u2019 5
ila202a 5
lfil2Ab 5
7hl2o72 s
7l{2A?3 5
7lLl2A24 s
7/Ll2A?5 5
7/112076 s
TlllzozT $
7lLlzAZg $
71u2029 s
7ltl203a s
7lL/2A3! 5
7/L/2032" 5
7ly2a* 5
7l{2a3p 5
s/1/203s s
Beginning
Balance
8,476,825.01 5
8,192,62s.31 s
7.895,846.88 $
7,589,017.98 s
7,26,8,tu7.65 5
6,93s,224.95 $
6,588,218.08 $
6,227,073.53 $
5.851,215.59 s
5,4tr,044.51 $
5,052,935.52 s
4,529,242.33 $
4,188,286.17 s
3,729,36/.79 5
3,251,746.24 $
2,754,668.77 s
2,237,339.50 s
1,698,933.64 5
1,13L,592.19 $
555,421.57 s
51,337.20 s
Ending
Balance
8,453,572.76
8,168,42s.73
7,871,651.37
?,562,906.39
7,24r,368.15
6,906,834.03
6,558,570.48
6,t96,372.21
5,819,2r1i1
5,425.736.33
5,018,27L,32
4,593,154.81
4,150,739.80
3,690,287.68
3,211,077.06
2,7!2,342.67
2,193,289.07
1,653,088.42
1,090,879.17
505,764.64
to.ooll
Flscal Ytar
Principal
$ 45,437.24
s 285,147.03
5 296,7ffi.36
s 308,855.00
$ 321,438.23
s 334,534.12
S 348,153.55
s 362,348.27
$ 377,110.90
$ 392,47,t.99
5 tto8,46s.o2
$ 425,10S-51
5 442,426"01
$ 460,451.12
s 479,210.61
s 498,734.39
$ 519,053"60
s 540,200.65
s 562,28.25
s 585,114.53
S sos,ze*.o+
Flscal Year
lntersst
$ 56,589.42
s 332,952.91
S 321,335.58
s 309,244.94
$ 296,661.71
s 283.56s.82
S 259,936.38
s 255,751.65
s 240,989"04
s 225,624.e6
$ zog,oa+.gr
s 192,993.43
s 175,673.93
$ 157,648.81
s 138,889.32
S ttg,:ss.sq
s 99,046.33
s 77,899.29
s 55,890.68
s 32,985.41
$ g,ars.oa
28 Tranche 3 as billed to Agencies
Agencies are billed each month in advance. Charge to agencies includes .25% markup.
The Ioan payment to the bank is due the first of the month 4/l/2016.
Beg Principal Per
Agency
$ 2,000,000 Per Agency
Principal billed in Principrl Balance
Agency Bill Date FYE perAgency Intere*tbyyr
7/n/2076 $
7/fi/2a17 $
7/10/2018 $
7/10/201e $
7lL0/202A i
7/fi/2a21. $
7/fi/2a22 $
7lfi/za?j fi
7110/2024 i
7/10/2025 *
7/10/2026 $
v/10/2027 5
7/10/2CI28 *
7lwlzaze $
7/10/2030 $
12/10/2A3A S
1,938,748 $
1,831,09ti $
1,7\9,963 $
1,6t5,22fr $
7,4&,7n $
7,3&,4W $
1,?38,243 $
7lu7,94J7 $
973,3fr $
834,435 $
697,07',t" $
542,9ffi $
390,10q $
232,306 $
69,391 $
(0) $
61,?32 $
707,649 S
1.11,L36 I
174,735 $
118151 $
722,257 $
126,247 $
130,336 $
13{5SZ $
138915 $
143A14 $
148,058 $
152,853 $
157r8U1 $
162,914 $
69,391 $
35,985
&,757
57,770
53,671
49,%5.32
45,119.16
42,L58.W
x,wv.72
33,849.05
29A9r,.?8
24,9y2.#
20,y7.n
15,552.7$
10,602.43
5,491.79
2,80.84
29 EXHIBIT B: Description of ADRoP and Associated Costs The Accelerated Drought Response Pro.ject (ADRoP) ADRoP is intended to provide water supply reliability for the District's municipal and industrial customers during periods of extended drought. lt is designed to take full advantage of water available to the District through its contract with the U.S. Bureau of Reclamation whereby excess surface water would be stored in the local aquifer in wet years for later use when allocations from the Central Valley Project combined with water previously stored by the District locally are insufficient to meet the District's stated level of service goals. The decision to pursue ADRoP occurred through a collaborative process, which included the Wholesale Customers, as documented in the San Benito Urban Area Water and Wastewater Master PIan Update 2023.
ADRoP includes the construction of up to five Aquifer Storage and Recovery (ASR) wells, the expansion of the West Hills Water Treatment Plant (WHWTP), and the installation of pipelines for water transmission. lt will have the capacity to inject, store, and recover up to 2,700 AFY of water. The WHWTP will be expanded from its current design capacity of 4.5 mgd to 6.75 mgd, which will provide additional treatment capacity to serve San Juan Bautista and deliver treated water to theASR wells while still meeting current demands. The WHWTP will need to be modified to provide an alternative point of delivery for San Juan Bautista, the costs of which will be borne exclusively by San Juan Bautista.
ln the years when water is being stored, the heated water will be delivered into the distribution system using the existing gravity flow pipeline, at which point it will be conveyed through pipelines owned by Hollister and then to theASR wells through a new dedicated transmission pipeline owned by the District. ln years when water is recovered from storage, the water will be pumped from theASR wells, disinfected, and delivered into Hollister's distribution system. The ASR wells will be located along Fallon Road while the transmission pipeline will be located along San Felipe Road.
Various components ofADRoP are either under active construction or are in the final design phase.Thefinal capital costs will not be known at the time this Agreement is executed. The current estimated capital cost of ADRoP is approximately $54 million. The District has been awarded $20 million in grant funding from DWR and USBR and will be applying for up to $6 million in additional grant funding from USBR. Any grant funds received will offset the Wholesale Customer's capital obligation forADRoP The District intends to fund the remaining capital costs with the issuance of $40 million in revenue bonds, which will be used for cashflow during construction and the bulk of which will need to be repaid through the Reliability Fee described in this Agreement.
Summary of Estimated Capital Costs
Component Estimated Capital Cost*
West Hills Water Treatment Plant Expansion
ASR Wells and Pipelines
$13,500,000
$27,800,000
Consulting Services $11 ,000,000
Total Estimated Capital Costs $52,300,000
Note: Capital costs are estimated as of August 25,2025. Costs include program management, legal, financial, stakeholder outreach, design, environmental permitting and mitigation, construction, construction management, and engineering services during construction 30 Explanation of Cost Comoonent Calculation Methodoloov CAPITAL COSTS Each lMolesale Customer shall be obligated to pay a respective share of the capital costs offhe Treatment Facilities and ADR,P, the terms of which vary for each cost component as descibed below.
The Capital Treatment Component and Capibl Replacement ReseNe Component are "take or pay," Each Wholesale Customet must pay the whole of theh respective amount of lese cost comDonents reqardless of whether a Wholesale Customer takes delivery of wate,l Capital Treatment
Component
The Capital Treatment Component includes the costs
District incurred for the development and construction of the Treatment Facilities, including costs for legal review, fi nancing, planning, design, engineering, permitting,
construction, and construction management.
The Capital Treatrnent Component will be
collected from V\iholesale Customers on a
monthly amortized basis, with each
Wholesale Customer paying a percentage
reflecting the treatment capacity they are
entitled to, as set forth in Article 5.2(0 of the
Agreement.
Reliabilitv Fee
ComDonent
The Reliability Fee Component includes the remaining
principal ofthe costs District incurred for the
development and construction ofADRoP (wells,
pipelines, and expansion of the West Halls WTP) not
recovered by District via grant funding, including costs for legal review, fnancing, plannrng. design. engineering, permittinq, construction, and construction manaqement.
The Reliability Fee will be mllected from
Vvholesale Customers on a monthly basis at
the rate established by District multiplied by
the number of acre feet delivered to each
Wholesale Customer. The Reliability Fee will
also be collected from each of District's other
M&l customers.
Capital Replacement
Reserve ComDonent
The Capital Replacement Reserve Component shall be
an amount established by District each year to cover
annual depreciation of the Treatment Facilities.
The annual amount established by District
will be collected from each Wholesale
Customer on a monthly amortized basis
FIXED OPERATIONAL
cosrs
Each wholesale Customer's obligation for thei respective amount of the aggregate Fixed Operational Costs sha// be based on the percentage of the treatment capacity to which each Wholesale Customer is entitled pursuant to this Agreement.
fhese cosfs are "take ot pay," Each Wholesate Customer must pay the whole of their respective amount of the Fixed Opentional Costs regardless ol whethet a Wholesale Customer takes delivery ot watetl
Administrative Fee
Comoonent
The Administrative Fee Component includes, but is not
limited to, District s actual costs for owning managrng. and operating the Treatment Facilities and ADRoP;
general overhead for general and administrative
expenses necessary for operations; employee benefits
and payroll expenses, including, but not limited to,
compensated absences, retirement benefits, Medicare,
worker's compensation, unemployment insurance,
payment for cafeteria tax benefits. lifu insurance.
employee assistance programs, and other postretirement benefits.
The aggregate amount of the Administrative
Fee Component shall be 5% of District's total
payroll expenses, collected from VVholesale
Customers on a monthly basis, with each
Vvholesale Customer paying a percentage
reflecting the treatment capacity they are
entitled to, as set forth in Article 5.2(0 of the
Agreement.
Direct Cost Component The Direct Cost Component includes District's fixed costs of ownership of the Treatment Facilities and
ADRoP including property insurance, DPH fees and
other similar costs of ownership.
The Direct Cost Component will be collected
from Vvholesale Customers the following
month in which such costs were incurred,
with each Vvholesale Customer paying a
perc€ntage reflecting the treatrnent capacity
they are entitled to, as set forth in Article
5.2(f) of the Aqreement.
Fixed Treatment
Comoonent
The Fixed Treatment Component includes the costs for
treating raw water that remain constant regardless of the volume of water that is treated.
The Fixed Treatment Component will be
collected from Vvholesale Customers on a
monthly basis, with each Wholesale
Customer paying a percentage reflecting the
treatment capacity they are entitled to, as set
forth in Article 5.2(D ofthe Agreement.
31 ExHlBlT C: Exolanation of Cost Components
VARIABLE
OPERATIONAL
cosrs
Each Wolesale Customer's obligation for their respective amount of the aggregate Vaiable Operational Cosfs sha// be based on the percentage of treated water delivered to each Vvholesale Customer pursuant to this Agreement.
(Example: Assume District delivers 10,000 AF of water in a given year. Wtolesale Customers A and B each received 40yo of those total deliveries, and Wholesale Customer C received 20%. ln this case, Wholesale Customers A and B will each pay 40o/o of the Variable Operational Costs, and Wholesale Customer C will pay 20% of the Vaiable Operational Costs.) Comoonent
Water Suoolv The Water Supply Component ancludes District's costs of obtaining raw water for the ensuing year from the CVP
and other sources to the Treatment Facilities.
District will calculate the aggregate of the
Water Supply Component each year during
its normal rate-setting process based on the
sources and costs of water supplied during
the prior three years of deliveries, together
with projections of water availability and
costs for the ensuing 36 months of water
deliveries as requested by Vvholesale
Customers. The Water Supply Component
will be collected from Vlholesale Customers
on a monthly basis, with each V\/holesale
Customer paying its respective percentage of
the water delivered to the \/vholesale
Customers.
Variable Treatment
Comoonent
The Variable Treatment Component includes the costs
for treating raw water that vary depending upon the
volume of water that is treated by the Treatrnent
Facilities, including such variable costs associated with delivering treated water to the ASR Wells for purposes of ADRoP
District will calculate the aggregate of the
Variable Treatment Component based on
actual costs, which will be collected from the
V\,/holesale Customers on a monthly basis.
with each V\,/holesale Customer paying its
respective percentage of the water delivered
to the V\,iholesale Customers.
ADROP - DEFERRED
PAYMENT OF COSTS
INCURRED DURING
STORAGE YEARS
ln years when District's totalwater supply is determined by District to be sufficient to store water using the ASR Wells, payment for any costs associated with the Water
Supply Component or Variable Treatment Component
attributable to water stored using the ASR \ /ells and
ASR Pipelines shall be deferred and those costs shall be borne by District until such time that any stored water is recovered from the ASR V1/ells and delivered to
Wholesale Customers.
Distnct shall account and bill for water
recovered from the ASR Wells in the same
manner it would account and bill for transfer
water acquired by District, calculated by
multiplying the amount of recovered water by
the aggregate unit cost of all water previously
stored, into its subsequent rate study. District
shall recover such deferred payments
through the Water Supply Component.
District shall also recover such unpaid costs
for water stored using the ASR Weils and
ASR Pipelines from its other M&l customers,
including those not receiving water pursuant
to this Agreement, in the same manner as
from the Vvholesale Customers.
Extraordinary operations and maintenance costs outside of the anticipated ann be discussed by the Advisory Committee before District commits to such costs wholesale customer's invoice. Nevertheless, if District determines after discussion with the Advisory Committee that such costs are necessary to provide a safe reliable source of potable water that meets all regulatory requirements, or if such costs are required to provide for the continuing safe operation of the Tr6atment Facilities or ADR9P, District shall have authority to incur such costs and include them in the vvholesale customers' invoice, itemizing such costs under the cost component District determines is ual budgeted amount shall
or includes them in a
riate amortized over a 12 month od
EXTRAORDINARY
OPERATIONS AND
MAINTENANCE
32 EXHIBIT D: Wholesale Customers'Water Service Areas
City of Hollister and Sunnyslope County Water District Seruice Areas t
t{
I
Ll '
-
1,1 {: i
t= {.rlxrr, Urbilr ArB
[r:,I] .Appurinre* 2Ot0 Citt q, ttrr*lb Sdvics tuld
L t{{'"*'oc2o2oSSCrrYqSflieArE TODDI Figur8 3.1
Sorvbe Aress, City of
6ROUT{D\trATEN tl,ollister and SSCWD
Source: Hollister Urban Area Urban Water Management Plan, July 2021 33 \
City of San Juan Bautista Service Area
Source: City of San Juan Bautista Water Master Plan, November 2O2O :ti
L.gild
l-J cqbE
f,l]s*..ama*r
ES.1
Plrontrlg Eondaler
wMIeh
cryds.6affi
o
34 <\i .\t
q)\' Y. I
ry
a
+
EXHIBIT E: District's Zone 6 Boundarv
t
35 EXHIBIT F: District Policv on Restriction and Desiqnation of Net Assets/Cash The District Policy on Restriction and Designation of Nef Assefs/Case as sef forth herein was adopted by the San Benito County Water District on May 28, 2025, pursuant to Resolution No 202512. This Policy may be amended by the Distict annually.
Adequate reserved funds (net assetsicash) are a necessary component ofthe District's overall financial management plan and are required to meet various enernally imposed constraints.
POLICY:
Restricted Net Assets/Cash
ln accordance with GASB Statement 34 and FASB Statement 71, net assets are restricted when constraints placed on their use are externally imposed by creditors, grantors, contributors, or laws or regulations of other governments. They are also restricted if their use is constrained by law through constitutional provisions or enabling legislation. Restricted Net Assets/Cash, the source of Restriction, the purpose of the Restriction, the method of determining the amount of Restriction and the treatment of interest is shown on Table l.
Designated Nets Assets/Cash
ln accordance with GASB Statement 34, designations of net assets represent management's intended use of resources and should reflect plans approved by the government's senior management. Designations reflect a government's self-imposed limitations on the use of otherwise available current financial resources. Designated Net Assets/Cash, the purpose of the Designation, the method of determining the amount of Designation and the treatment of interest is shown on Table 2.
Restrictions are to be reviewed by the Finance Committee annually including but not limited to a review of statutory and regulatory changes impacting or creating Restriction of Dishict Net Assets/Cash together with any new or pending constraints resulting from business relationships with creditors, grantors or contributors.
For any new or amended contract or other business relationship or action that creates or changes a restriction of Net Assets/Cash, the nature and amount of that restriction or change in restriction shall be specifically and fully detailed in the documents supporting action by the Board and only the Board shall have the authority to take or approve any action which has the effect of creating or changing such restriction(s) of Net Assets/Cash.
36 PURPOSE:
Funds are reserved to meet specific future financial obligations and to mitigate natural, economic, political and regulatory risks. This policy is intended to document the business practices of the District and accurately reflect the nature, purpose and management of restricted and designated net assets and accurately reflect the financial condition of the District to its constituents, creditors, financial institutions, regulatory agencies, State and Federal agencies and the general public.
PROCEDURE:
Designations are to be reviewed by the Finance Committee annually and any changes approved by the Board on or before June 30 each year.
Adding a designation category requires specific approval of the Board. This action will include: 'l ) the purpose of the designation, 2) the dollar amount of the designation, 3) the method for calculating any annual ad.iustment(s), if the dollar amount is to change each year, and 4) whether or not the interest accrued on the designated amount is to be added to the designation at the end of each fiscal year.
Removing a designation category requires specific approval of the Board Changing the method for calculating the annual adjustment(s) of the designation requires approval of the Board.
Designated net assets will be segregated into separate financial accounts An identical amount of cash will be designated for annual financial reporting purposes in order to reflect management's intention to fund the commitment of designated net assets. Designated cash will not be segregated from undesignated cash either in banUinvestment accounts or in financial accounts except when that cash is separately invested in a manner specifically approved by the Board.
The General Manager shall have full authority and responsibility to carry out actions of this policy.
The actual dollar amounts ofthe designation shall be calculated based on the defined method and adjusted at year-end for financial reporting purposes.
Table #1
RESTRICTED NET ASSETS/CASH
Name of
Restricted
Net
AsseUCash Source Of Restriction Purpose
Method for Galculating
Amount of Restriction
Treatment of
Accrued
lnterest
District
Revolving
Fund
San Benito County Water
Conservation and Flood
Control District Act (Section
70-7.1(a))
To provide
funds which
may be used
for
emergencies
and to pay
costs
necessary for
the
establishment
of a zone
within the
District.
Amount specified in the District
Act.
lnterest
accrued as
specified in
the District
Act.
San FelipeHollister
Conduit
Reserve
USBR Contract Central
Val ley P roject-Contract
Between the United States
and the San Benito County
Water Conservation and
Flood Control District for
Water Service and for
Operation and maintenance
of Certain Works of the San
Felipe Division (Contract #8-
07-20-
w0130)
To meet
unforeseen
extraordinary
costs and
emergencies.
Amount specified in the
Contract.
As specified
in contract.
38 Table #1
RESTRICTED NET ASSETS/CASH
Name of
Restricted Net
AsseUCash Source Of Restriction Purpose
Method for Calculating Amount
of Restriction
Treatrnent of
Accrued
lnterest
San FelipeReach I
Reserve
USBR San Felipe
Division- Contract for
the Transfer of the
Operation and
Maintenance of Certain
San Felipe Division
Facilities (Contract # 6-
07-20- X0290): United
States, Santa Clara
Valley Water District,
and San Benito County
Water Conservation
and Flood
Amount specitied in the Contract As specified in
contract.
?o
To meet
operations and
maintenance
cosls incurred
during period
of special
stress and
extraordinary
repair or
replacement
costs
associate with
Reach 1 .
Table #1
RESTRICTED NET ASSETS/CASH
Name of
Restricted Net
Asseucash
Source Of
Restriction Purpose
Method for Calculating Amount
of Restricton
Treatnent of
Accrued
lnterest
USBR
Contract
Repayment
and Rate
l\4anagement
Reserve
Agreement Between
Santa Clara Valley
Water District and
San Benito County
Water District for
Repayment and
Management of San
Felipe Division
Facilities.
Funds to pay for San
Felipe Division
costs, including
existing foreseeable
and unforeseeable
costs that may result
from catastrophic
failure of San Felipe
Division facilities.
Funds from this
restricted reserve
are to be used for
USBR Amendatory
Contract Repayment
. This USBR
Contract
Repayment and
Rate Managemenl
Reserve is intended
to provide funds to
make interest and
principal payments
on the Amendatory
contract in an effort
to minimize the
impact of the
repayment schedule
on water rates and
taxes.
At each Iiscal year end, the
amount added to the reserve
would be the annual allocation
from the land tax, interest accrued
on the restricted reserve, and the
amount associated with the
interest component in M&l water
rates. Wthdrawals may be made
for the USBR principal and interest
payments required during the liscal
year as outlined in Exhibit D ofthe
Amendatory contract NO. 8-07-20-
W0130A and for costs associated
with WIN Act USBR in-basin
capital repayment costs. Effective
Iiscal year end 2017-2018, the
annual allocation for the Zone 6
land tax is 30% of the land tax and
is subject to annual review by the
Board. For fiscal year end 2013,
the reserve balance will be
adjusted to the target minimum of
one and one half years of USBR
Amendatory Contract payments
and the remaining balance will be
transfened to the Designation for
Hollister Urban Area Water
Treatment Plants. The Capital
Recovery components (principal
and interest) as identilied in the
Water Supply and Treatment
Agreement will be added to the
reserve each year in relative
proportion to the reserves funding
of the project costs. Repayment
costs associated \,vith repayment of
the in-basin capital costs will be
added back to the reserve on an
amortized basis over the remaining
life of the USBR Amendatory
Contract (2036).
Added to the
Restricted
Reserve to
meet future
obligations
associated
with San
Felipe Division
costs.
40 Table #1
RESTRICTED NET ASSETS/CASH
Name of
Restricted
Net
AsseUCash Source Of Restriction Purpose
Method for Calculating
Amount of Restiction
Treatment of
Accrued
lnterest
Reach 1
Major Repair
and
Replacement
Reserve
To provide funds for
major repair and
replacement
associated with
Reach 1 .
lnitial balance to be transferred
from the fiscal year end 2006
balance of the designation
USBR Contract Renewal.
Review amounl of restriction
annually to be in compliance
with Section 4(a) of the
Agreement Between Santa
Clara Valley Water District and
San Benito County Water
District for Repayment and
Management of San Felipe
Division Facililies. When funds
are used from this reserve to
pay for Reach 1 lvlajor repair
and replacement, they will be
replenished from the operating
budget over 5 to 10 years,
depending on life of asset,
beginning in the initial poject
year. Replenishmentwill
also include a 3% inflation
factor. Target minimum
established at $500,000.
Accrued
interest is to
be added to
the
Restricted
Reserve until
such time that
the minimum
aggregate
amount is
achieved.
Once the
minimum
aggregate
amount is
achieved, the
interest will
be added to
the
undesignated
cash of the
District.
41 Agreement Between
Santa Clara Valiey
Water District and San
Benito County Water
District for Repayment
and l\ilanagement of
San Felipe Division
Facilities.
Table #1
RESTRICTED NET ASSETS/CASH
Name of
Restricted
Net
AsseUCash Source Of Restriction Purpose
Method for Calculating
Amount of Restiction
Treatnent of
Accrued
lnterest
Reserved for
Water
Treatment
Plants-Asset
Replacement
Reserve
Hollister Urban Area Water
Supply and Treatment
Agreement: Article
6.3(a)(a)
To provide funds
for capital
replacement of
assets of the
Water Supply
and Trealmenl
Program, and
funds so
expended will be
replaced through
subsequent
contributions.
Annual contribution of
$190,000 for the Lessalt
water treatment plant through
Iiscal year end 20'17.
Effective f scal yea|l 7-1 8,
the annual amount collected
is established al I.5o/o ot
constructed cost of water
treatment plants. Amount is
collected through the capital
replacement cost component
of the monthly billing to the
Hollister Urban Area retailers
to cover anticipated costs for
future capiial replacements for
both water lreatment plants as
reviewed annually by District
Engineer. Effective fiscal year
end 20'18-2019, any balance
remaining in the Reserve for
Hollister Utban Area Water
Treatment Facilities wll be
transferred to the ReseNe for
Wate r Tre atme nt Pl antsAsset Replacement Reseve.
lnteresl will
accrue. lnterest
accrued on
restricted balance
is added to the
restriction each
,iscal year-end.
Average LAIF
interest rate is
applied to the
amount of
restriction during
that liscal year.
Reserve for
Other PostEmployment
Benefits
(oPEB)
Trust
CERBT Trust Account To provide
restricted funds
for reliree future
medical
payments.
Amount will be reviewed
annually by the Board during
the budget process.
As specified in
CERBT contract.
42 Name of Designated
Net
AsseUCash
Purpose Method for Calculating Amount of
Designation
Treatment of
Accrued
lnter€st
Reserved for Operations The reserves designated
for operating
contingencies are
established to provide for
unforeseen needs,
revenue shortfalls, and
emergency
appropriations during the
year.
At riscal year-end, the District will
move from fifry percent to one
hundred percent of an average ofthe
most recenl 3 years'annual operating
expense (excluding depreciation,
amortization and operating expense
associated with the Hollister urban
Area water treatment plants)by
increasing the amount to be sixty
seven percenl, then the next fiscal
year to eighty four percent, and then
final one hundred percent in the next
following fiscal year.
No interest accrual
Established by board
action(s) to fund future
capital improvement
projects. The purpose of
this designation is to
accumulate funds for
specific projects or utility
Puncose to Provide all or a
portion of the cost.
These designations are for specific
new capital improvement projects.
The board decides how much to fund
and for which projects. Funding level
is reviewed annually. Any use of
funds is replenished from the
operating budget on an amortized
basis over the assigned life of the
project. Use of funds from this
reserve for preliminary survey and
investigation, will be replenished from
the operating budgel on an amortized
basis over 5 years.
No inlerest accrual
Reserved for SelflnsuranceEstablished by board
policy to fund the
contingent liability for the
District's self-insured
portion of vehicle
coverage.
Adequacy offunding level will be
reviewed annually.
No interest accrual
Table #2
DESIGNATED NET ASSETS/CASH
Reserved for Capital
lmprovements
43 rab|e#2
DESIGNATED NET ASSETS/CASH
Name of
Designated
Net
Asseucash
Purpose Method for Calculating Amount
of
Designation
Treatment
of Accrued
lnterest
Reserved for
CapitalAsset
Replacement
This designation is to accrue funding for
asset purchase and replacement in the
period of use. Through this funding
reservalion, monies are set aside for
planned fulure asset expenditures within
specified categories. ln addition. this
reserve provides a funding source for
unanticipated asset needs, mitigates the
impact of Iarge budget expenditures, and
assists with asset management and long
range planning.
The designation will be increased by
the amount of the annual depreciation
expense for each asset multiplied by a
factor for each asset group based on
their assigned life. Assets with
assigned lives of 1-15 years are
reserved at 100% of their annual
depreciation expense. Assets with
assigned lives of 't6 to 49 years are
reserved at 50% of their annual
depreciation expense. Assets with
assigned lives of 50+ years and land
are not reserved for.
lnterest will
accrue. lnterest
accrued on
designated
balance is
added to the
designation at
Ilscal year end.
Average LAIF
interest rate is
applied to the
amount of
designation
during that
fiscal year.
Water Supply
Revolving
Reserve
To provide additional source of funds for
Zone 6 water supply augmentation
through local or imported water
purchases.
Amount of administrative fee from
water sales/transfers and/or funding
from operations. Funding level is
reviewed annually. Use of funds will be
replenished from the operating budget
over 5 years on an amortized basis.
Target minimum of $3 million funded
over 5 years.
No interest
accrual
Expanded
Pacheco
Reservoir
To provide funds for the pre- construction
(planning and design) phase ofthe
project.
Effective July 1, 2018, the reserve will
be initially funded at $1,000,000. At
FYE Amount will be reviewed annually
by the Board during the budget
process.
No inlerest
accrual.
Reserved for
Reliability
Charge l\4&l
Established to fund future water reliability
improvement projects. The purpose of this
designation is to accumulate funds for
specific reliability projects to provide all or
a portion of the cost.
These designations are for specific
new reliability capital improvement
projects. The funds are accumulated
from the reliability fee charged each
fiscal year.
No interest
accrual.
44 Item No.:6.H
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: 2026 DÍA DE LOS MUERTOS CELEBRATION – CITY
PARTNERSHIP AND EVENT SUPPORT
RECOMMENDED MOTION:
Approve a resolution approving the City’s continued partnership in and support of the 2026 Día de los Muertos celebration, including associated City in-kind support and fee waivers; and approve a resolution authorizing temporary street closures for the November 1, 2026, Cityhosted celebration and the November 2, 2026, El Teatro Campesino Día de los Muertos Procession.
RECOMMENDATION:
Staff recommends that the City Council approve the City’s continued partnership in the 2026 Día de los Muertos celebration, including the City’s lead role in hosting the November 1 community celebration, and authorize the temporary street closures associated with the November 1 Cityhosted celebration and the November 2 El Teatro Campesino procession.
City support for the 2026 celebration will include event planning and coordination, promotion, in-kind City services and equipment, public safety and traffic-control coordination, and waiver or reduction of applicable City fees and costs, subject to available resources and applicable permit and public safety requirements.
EXECUTIVE SUMMARY:
In 2025, the City Council formally approved the City’s partnership in the Día de los Muertos celebration, recognizing the event’s cultural significance and contribution to community vitality, civic identity, and the local economy. The Council authorized City support through promotion, use of public facilities, in-kind services, and waiver or reduction of applicable permit fees, subject to staff capacity and demonstrated public benefit.
The City proposes to continue that partnership in 2026 and take the lead in hosting a community Día de los Muertos celebration on Sunday, November 1, 2026, on the California State Parks lawn along Second Street. City staff has been coordinating with El Teatro Campesino, Mission San Juan Bautista, California State Parks, and other participating agencies and community Page | 2
partners regarding event planning, site use, logistics, public safety, traffic control, promotion, and other operational needs.
The 2026 activities will also include Día de los Muertos processions associated with El Teatro Campesino and Mission San Juan Bautista. El Teatro Campesino’s procession is scheduled for Monday, November 2, 2026, and will begin and end at El Teatro Campesino, 705 Fourth Street, traveling along portions of Fourth Street, Washington Street, Third Street, and Muckelemi Street.
Temporary street closures are also proposed in connection with the November 1 City-hosted celebration. The attached street-closure Resolution would authorize both the November 1 eventarea closures and the November 2 temporary rolling closures for the El Teatro Campesino procession. Mission San Juan Bautista is separately coordinating a procession from the Mission to the cemetery. The route, timing, and traffic-control requirements for that procession are still being developed, and staff anticipates returning to the City Council on October 20, 2026, for consideration of the necessary street closures.
As part of the 2026 partnership, El Teatro Campesino has requested waiver of the $2,032.00 Special Event Permit application fee and $381.19 in in-kind Public Works support associated with its November 2 procession. The proposed partnership Resolution includes approval of this support, totaling $2,413.19, as part of the City’s contribution to the coordinated 2026 Día de los Muertos activities.
BACKGROUND:
Día de los Muertos is a cultural tradition centered on remembrance of family members, ancestors, and community members who have died. The celebration has particular significance in San Juan Bautista, where cultural traditions, historic institutions, and community identity are closely connected.
In September 2025, the City Council approved the City’s formal partnership in the Día de los Muertos celebration. The Council authorized City support that could include promotion through City platforms, waiver or reduction of permit fees, use of public facilities, and in-kind City services. The Council further provided that City support would be based on available capacity and demonstrated public benefit.
The City is continuing that partnership in 2026 while taking a more active role in the November 1 community celebration. Staff has been coordinating with El Teatro Campesino, Mission San Juan Bautista, California State Parks, and other participating organizations and agencies to provide a coordinated Día de los Muertos observance that reflects San Juan Bautista’s history, cultural heritage, and community traditions.
DISCUSSION:
The 2026 Día de los Muertos activities will include a City-hosted community celebration and related procession activities involving several of San Juan Bautista’s cultural and historic Item No.:6.H
City Council Meeting
September 15, 2026
Page | 3
institutions. The City’s role includes overall coordination of the November 1 celebration as well as support and coordination for the related procession activities.
November 1 – City-Hosted Día de los Muertos Celebration On Sunday, November 1, 2026, the City will take the lead in hosting a community Día de los Muertos celebration on the California State Parks lawn along Second Street. The City is coordinating the celebration with El Teatro Campesino, Mission San Juan Bautista, California State Parks, participating agencies, and other community partners.
City staff is coordinating event planning and logistics, use of the State Parks lawn, participating organizations, public safety, traffic control, community outreach and promotion, and other operational needs associated with hosting the celebration.
The event is intended to provide a community gathering centered on remembrance, cultural traditions, and the history and heritage of San Juan Bautista. Hosting the event on the State Parks lawn also provides an opportunity to connect the celebration with the community’s historic downtown and several of its principal cultural and historic institutions.
Temporary street closures and traffic-control measures are proposed to establish a safe pedestrian environment around the event. The proposed closure includes Second Street between Polk Street and Franklin Street; Mariposa Street between Third Street and Second Street; Washington Street between Third Street and Second Street; and Franklin Street between Third Street and Second Street.
The attached street-closure Resolution would authorize these temporary closures for the November 1 City-hosted celebration from 4:00 p.m. to 10:00 p.m. City staff will coordinate placement of barricades and traffic-control devices, emergency access, traffic circulation, and other operational requirements with participating partners and reviewing agencies.
November 2 – El Teatro Campesino Procession
El Teatro Campesino has submitted Special Event Permit Application No. SEP260359 for a Día de los Muertos walking procession scheduled for Monday, November 2, 2026. The event will begin and end at El Teatro Campesino, 705 Fourth Street, and the application anticipates approximately 150 participants.
The proposed route begins at 705 Fourth Street and proceeds along Fourth Street to Washington Street; Washington Street to Third Street; Third Street to Muckelemi Street; Muckelemi Street to Fourth Street; and Fourth Street back to El Teatro Campesino.
Temporary rolling street closures are proposed from 5:30 p.m. to 7:30 p.m., with the procession scheduled from 6:30 p.m. to 7:30 p.m. The closures will advance with the procession rather than continuously closing the entire route.
Page | 4
The submitted application describes a walking procession led by a decorated vehicle and including pageantry elements such as puppets and costumed performers. City staff will continue coordinating applicable traffic-control, public-safety, emergency-access, permitting, and agency requirements prior to the event.
The proposed procession route is included as an attachment to this report. The attached streetclosure Resolution would authorize the temporary rolling street closures for the November 2 procession together with the temporary street closures associated with the November 1 Cityhosted celebration.
Mission San Juan Bautista Procession
Mission San Juan Bautista is also coordinating a separate Día de los Muertos procession from the Mission to the cemetery.
Staff is continuing to work with the Mission and participating agencies regarding the route, timing, traffic control, public safety, and other operational requirements. These details are not sufficiently developed for City Council action at this meeting.
Once the route and associated traffic-control requirements are finalized, staff anticipates returning to the City Council on October 20, 2026, for consideration of the necessary temporary rolling street closures.
CITY SUPPORT AND COORDINATION:
As the lead host of the November 1 celebration and a community partner supporting the broader 2026 Día de los Muertos activities, City support may include:
1. Event planning, administration, and coordination with El Teatro Campesino, Mission San Juan Bautista, California State Parks, participating agencies, community organizations, and other event partners;
2. Coordination of site use, special-event permitting, and other operational requirements;
3. Promotion and community outreach through City communication platforms;
4. Public Works assistance and use of City equipment and materials, including barricades, cones, signage, and other traffic-control equipment;
5. Traffic-control, public-safety, and emergency-access coordination with the San Benito County Sheriff’s Office, Hollister Fire Department, California State Parks, and other applicable agencies;
6. Use of City facilities and equipment, as available and appropriate; and
7. Waiver or reduction of applicable City permit fees, administrative charges, staff costs, equipment costs, and other City costs associated with the 2026 Día de los Muertos activities.
Consistent with this partnership, El Teatro Campesino has requested waiver of the $2,032.00 Special Event Permit application fee and $381.19 in in-kind Public Works support for barricades, staff time for placement and removal, and associated administrative processing for the November Item No.:6.H
City Council Meeting
September 15, 2026
Page | 5
2 procession. The total requested City support is $2,413.19. The proposed partnership Resolution would approve these costs as part of the City’s support for the coordinated 2026 Día de los Muertos activities.
City support will be provided within available staff and departmental resources and subject to applicable permits, agency requirements, and public-safety conditions.
COMMUNITY AND ECONOMIC BENEFIT:
The Día de los Muertos celebration supports the City’s goals of strengthening community identity, preserving and celebrating San Juan Bautista’s cultural heritage, and creating opportunities for residents and visitors to gather in the historic downtown.
The celebration also contributes to community vitality and economic development by attracting regional visitors, increasing activity within the downtown, supporting local businesses, and providing opportunities for cultural exchange and community participation. These community and economic benefits were among the considerations supporting the City Council’s establishment of the partnership in 2025.
Coordination among the City, El Teatro Campesino, Mission San Juan Bautista, and California State Parks provides an opportunity to present the 2026 Día de los Muertos activities as a broader community celebration connecting several of San Juan Bautista’s significant cultural and historic institutions.
CEQA:
The City’s participation in the 2026 Día de los Muertos celebration and associated temporary event activities are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15304(e), which applies to minor temporary uses of land having negligible or no permanent effects on the environment.
FISCAL IMPACT:
City costs associated with the 2026 Día de los Muertos activities may include staff time for event planning, administration, permitting, Public Works, traffic-control and public-safety coordination, community outreach, and event support; use of City equipment and materials, including barricades, cones, and signage; and foregone revenue associated with applicable City fees or costs waived by the City Council.
Costs associated with the November 1 City-hosted celebration will constitute the City’s in-kind contribution to the event and will be absorbed within the approved operating budgets of participating departments.
For the November 2 El Teatro Campesino procession, the proposed City contribution totals $2,413.19, consisting of waiver of the $2,032.00 Special Event Permit application fee and $381.19 in in-kind Public Works support for barricades, staff time for placement and removal, Page | 6
and associated administrative processing. Approval of the partnership Resolution would authorize these costs as part of the City’s support for the 2026 Día de los Muertos partnership.
No direct cash contribution is proposed.
ATTACHMENTS:
1. Resolution Approving the City’s Partnership in and Support for the 2026 Día de los Muertos Celebration
2. Resolution Authorizing Temporary Street Closures for the 2026 Día de los Muertos Celebration
Item No. 6.H
City Council Meeting
September 15, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING THE CITY’S PARTNERSHIP IN AND SUPPORT FOR THE 2026 DÍA DE
LOS MUERTOS CELEBRATION
WHEREAS, the City of San Juan Bautista recognizes the cultural and historical importance of Día de los Muertos and its longstanding role in honoring family, community, memory, and cultural heritage; and
WHEREAS, Día de los Muertos reflects San Juan Bautista’s history, cultural identity, and community values and provides an opportunity for residents and visitors to gather, reflect, and celebrate through remembrance; and
WHEREAS, in 2025, the City Council approved the City’s partnership in the Día de los Muertos celebration and authorized City support through promotion, use of public facilities, inkind services, and waiver or reduction of applicable permit fees, subject to available City resources and demonstrated public benefit; and
WHEREAS, the City desires to continue that partnership in 2026 and will take the lead in hosting a community Día de los Muertos celebration on Sunday, November 1, 2026, on the California State Parks lawn along Second Street; and
WHEREAS, City staff has been coordinating the November 1 celebration with El Teatro Campesino, Mission San Juan Bautista, California State Parks, and other participating agencies and community partners regarding programming, site use, logistics, public safety, traffic control, and event operations; and
WHEREAS, El Teatro Campesino will separately conduct a Día de los Muertos procession on Monday, November 2, 2026, which will begin and end at El Teatro Campesino and travel through portions of the downtown; and
WHEREAS, Mission San Juan Bautista is also coordinating a separate Día de los Muertos procession from the Mission to the cemetery, with the route, timing, and associated traffic-control requirements to be presented separately to the City Council once finalized; and WHEREAS, the City Council finds that the 2026 Día de los Muertos activities support community vitality, cultural preservation, civic engagement, tourism, and local economic activity; and
WHEREAS, the City’s participation may include staff coordination, event promotion, use of City facilities and equipment, in-kind services, and waiver or reduction of applicable City fees and costs, subject to available resources and applicable permit and public safety requirements.
Item No. 6.H
City Council Meeting
September 15, 2026
Page | 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista as follows:
1. The City Council hereby approves the City’s partnership in and support for the 2026 Día de los Muertos celebration.
2. The City is authorized to take the lead in hosting the November 1, 2026 Día de los Muertos community celebration in coordination with El Teatro Campesino, Mission San Juan Bautista, California State Parks, and other participating agencies and community partners.
3. City support may include, subject to available resources and operational needs: event planning, coordination, and administration; promotion and community outreach; use of City facilities and equipment; in-kind staff services; traffic-control and public-safety coordination; and waiver or reduction of applicable City permit fees, administrative charges, staff costs, and other City costs associated with the 2026 Día de los Muertos activities.
4. As part of the City’s support for the 2026 Día de los Muertos partnership, the City Council hereby approves waiver of the $2,032.00 Special Event Permit application fee associated with El Teatro Campesino’s November 2, 2026 Día de los Muertos procession and approves $381.19 in in-kind Public Works support for barricades, staff time for placement and removal, and associated administrative processing, for total City support of $2,413.19.
5. No direct cash contribution is authorized by this Resolution. City participation shall be limited to in-kind support, waived or reduced fees and costs, and use of available City resources within approved departmental budgets.
6. The City Manager or designee is authorized to coordinate with participating agencies and event partners and to take such administrative actions as are reasonably necessary to implement the City’s participation in the 2026 Día de los Muertos activities, subject to applicable laws, permits, public-safety requirements, and available City resources.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
Item No. 6.H
City Council Meeting
September 15, 2026
Page | 3
ATTEST:
______________________
Elizabeth Soto, City Clerk
Item No. 6.H
City Council Meeting
September 15, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA AUTHORIZING TEMPORARY STREET CLOSURES FOR THE 2026 DÍA DE LOS
MUERTOS CELEBRATION
WHEREAS, the City of San Juan Bautista is coordinating with El Teatro Campesino, Mission San Juan Bautista, California State Parks, and other community partners for the 2026 Día de los Muertos celebration; and
WHEREAS, authorization for temporary street closures from the City Council is necessary for the following Día de los Muertos activities:
City of San Juan Bautista Día de los Muertos Celebration Sunday, November 1, 2026, from 4:00 p.m. to 10:00 p.m.
Closure of Second Street between Polk Street and Franklin Street; Mariposa Street between Third Street and Second Street; Washington Street between Third Street and Second Street; and Franklin Street between Third Street and Second Street, as generally shown in Exhibit A.
El Teatro Campesino Día de los Muertos Procession
Monday, November 2, 2026
Rolling Street Closure: 5:30 p.m. to 7:30 p.m.
Temporary rolling closures along the procession route beginning at El Teatro Campesino, 705 Fourth Street; proceeding on Fourth Street to Washington Street; Washington Street to Third Street; Third Street to Muckelemi Street; Muckelemi Street to Fourth Street; and Fourth Street back to 705 Fourth Street, as generally shown in Exhibit B. The closures will advance with the procession.
BE IT RESOLVED that the City Council does hereby authorize the temporary street closures identified above for the November 1, 2026 City of San Juan Bautista Día de los Muertos Celebration and the November 2, 2026 El Teatro Campesino Día de los Muertos Procession, subject to the following requirements:
1. All applicable conditions and requirements of agencies, including the Fire Marshal, San Benito County Sheriff’s Office, Building Official, Public Works Director, San Benito County Health Department, San Benito County Integrated Waste Management, Planning Manager, and other reviewing agencies shall be met prior to, during, and after the events in the manner deemed necessary by the City Manager or designee.
2. For the November 2 procession, the temporary rolling closures shall advance with the procession and shall not constitute a continuous closure of the entire route.
3. Event organizers shall comply with all applicable Special Event Permit conditions, traffic-control requirements, emergency-access requirements, and public-safety measures.
4. The City Manager or designee is authorized to make minor operational adjustments to the approved closure plans as reasonably necessary to address traffic control, emergency Item No. 6.H
City Council Meeting
September 15, 2026
Page | 2
access, public safety, or agency requirements, provided such adjustments do not materially alter the approved closure areas or procession route.
BE IT FURTHER RESOLVED that any additional temporary street closures associated with the Mission San Juan Bautista Día de los Muertos procession shall be presented separately to the City Council for consideration and authorization prior to the event.
PASSED AND APPROVED by the San Juan Bautista City Council on this 15th day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Item No. 6.H
City Council Meeting
September 15, 2026
Page | 3
Exhibit A
Item No. 6.H
City Council Meeting
September 15, 2026
Page | 4
Exhibit B
Item No.6.J
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: VICTOR M. TAFOYA, ASSOCIATE PLANNER
TITLE: TEMPORARY STREET CLOSURE FOR A CALIFORNIA STATE
PARKS EVENT (VERTIGO MOVIE SCREENING)
RECOMMENDED MOTION:
Adopt a Resolution authorizing the temporary closure of Second Street between Mariposa Street and Washington Street on September 26, 2026, from 5:00 p.m. to 10:00 p.m., in connection with California State Parks' Vertigo film screening and Encroachment Permit Application ENC314, and approving City support for the event through waiver of $583.00 in permit fees and $187.39 in Public Works costs, for a total City contribution of $770.39, subject to the conditions set forth in the Resolution.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution authorizing the temporary closure of Second Street in connection with California State Parks’ Vertigo film screening and approving City support through waiver of applicable permit fees and Public Works costs totaling $770.39.
EXECUTIVE SUMMARY:
California State Parks, through San Juan Bautista State Historic Park, has submitted Encroachment Permit Application ENC314 requesting the temporary closure of Second Street between Mariposa Street and Washington Street on Saturday, September 26, 2026, from 5:00 p.m. to 10:00 p.m., in connection with an outdoor screening of Vertigo on the State Historic Park Plaza Lawn.
The temporary closure would support safe pedestrian access during the event and allow electrical cords to cross Second Street from the Plaza Hotel to the movie, sound, and screen equipment without exposure to vehicle traffic. The closure would be subject to applicable traffic control, emergency access, pedestrian access, and other permit conditions.
California State Parks has also requested City support through waiver of fees and costs associated with Encroachment Permit Application ENC314. The requested City contribution Page | 2
totals $770.39, consisting of $583.00 in waived encroachment permit charges and $187.39 in Public Works services provided in-kind.
Approval of the Resolution would authorize the temporary street closure and approve the requested City support for the event, while maintaining all applicable permit, traffic control, accessibility, and public safety requirements.
BACKGROUND INFORMATION:
California State Parks, through San Juan Bautista State Historic Park, submitted Encroachment Permit Application ENC314 requesting temporary use and closure of Second Street between Mariposa Street and Washington Street in connection with an outdoor screening of Vertigo on the State Historic Park Plaza Lawn. The event is scheduled for Saturday, September 26, 2026, with the requested street closure from 5:00 p.m. to 10:00 p.m. Julio Ortiz, State Park Interpreter I, is the applicant’s contact.
According to the application materials, electrical cords are proposed to cross Second Street from the Plaza Hotel to provide power for the movie, sound, and screen equipment. Temporarily restricting vehicular access to this block would prevent vehicles from driving over the electrical cords and provide safer pedestrian access to the event, including for individuals using wheelchairs or other mobility devices.
The proposed closure would restrict vehicular traffic on Second Street between Mariposa Street and Washington Street during the approved closure period. Traffic control, barricades, pedestrian access, and emergency access would be maintained in accordance with the encroachment permit and applicable City requirements. The City's encroachment permit conditions require approved traffic control for street closures and appropriate measures to protect the public and maintain access.
California Vehicle Code Section 21101(e) authorizes local authorities to temporarily close streets under their jurisdiction when the closure is necessary for the safety and protection of persons using the street during the closure. Approval of the Resolution would authorize the temporary closure and allow staff to finalize Encroachment Permit ENC314 and coordinate applicable traffic control, public safety, and operational requirements with California State Parks.
California State Parks has also requested that the City waive the fees and costs associated with ENC314. The requested City support consists of $583.00 in encroachment permit charges and $187.39 in Public Works services, for a total City contribution of $770.39. Approval of the requested support would not waive or modify the applicant's obligation to comply with applicable permit conditions, traffic control requirements, accessibility requirements, or public safety measures.
CEQA REQUIREMENT:
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(2).
Item No.6.J
City Council Meeting
September 15, 2026
Page | 3
FISCAL IMPACT:
Approval of the requested City support would result in a total City contribution of $770.39 associated with Encroachment Permit Application ENC314, consisting of:
Minor Encroachment Permit: $494.00
Encroachment Permit Fee: $89.00
Public Works – Hourly: $187.39
The $583.00 in encroachment permit charges would be waived, and $187.39 in Public Works services would be provided in-kind. Approval would forgo collection of these amounts and leave the City responsible for the associated service costs. The waiver would be limited to the fees and costs identified in City Invoice No. 314-1, dated September 8, 2026.
ATTACHMENTS:
1. Resolution
2. California State Parks Application Materials
Item No. 6.J
City Council Meeting
September 15, 2026
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AUTHORIZING A TEMPORARY CLOSURE OF SECOND STREET ASSOCIATED WITH ENCROACHMENT PERMIT APPLICATION ENC314.
WHEREAS, the City has received Encroachment Permit Application ENC314 from California State Parks / San Juan Bautista State Historic Park, through Julio Ortiz, State Park Interpreter I, requesting authorization for the following temporary street closure in connection with an outdoor screening of Vertigo on the State Historic Park Plaza Lawn:
California State Parks — Second Street Closure
Saturday, September 26, 2026, from 5:00 p.m. to 10:00 p.m.
Temporary closure of Second Street between Mariposa and Washington Streets, as generally shown in the submitted closure plan attached as Exhibit A.
BE IT RESOLVED that the City Council does hereby authorize California State Parks / San Juan Bautista State Historic Park to temporarily close Second Street within the limits and on the date and times referenced herein, subject to the following requirements:
1. All applicable conditions and requirements of reviewing agencies, including the Fire Marshal, San Benito County Sheriff, Building Official, Public Works Director, and Planning Manager, shall be met prior to, during, and after the temporary closure in the manner deemed necessary by the City Manager. Traffic-control, pedestrian-access, emergency-access, and barricade arrangements remain subject to review and approval under the encroachment permit.
2. The City Council hereby approves waiver of the City fees and costs associated with Encroachment Permit Application ENC314, consisting of the $494.00 Minor Encroachment Permit charge, the $89.00 Encroachment Permit Fee, and $187.39 in Public Works services, for a total City contribution of $770.39, as identified in City Invoice No. 314-1, dated September 8, 2026. Public Works services shall be provided inkind.
3. The waiver of fees and costs authorized herein shall be limited to the amounts identified in City Invoice No. 314-1, dated September 8, 2026, and shall not waive or modify any other applicable permit conditions, traffic-control requirements, accessibility requirements, public-safety requirements, insurance requirements, or other applicable City regulations.
PASSED AND APPROVED by the San Juan Bautista City Council on this 15th day of September 2026 by the following vote:
AYES:
NOES:
Item No. 6.J
City Council Meeting
September 15, 2026
Page | 2
ABSENT:
ABSTAIN:
APPROVED:
_____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Item No. 6.J
City Council Meeting
September 15, 2026
Page | 3
Exhibit A
7/31/2015
P:\Forms\Encroachment Permit.doc
CITY OF SAN JUAN BAUTISTA
ENCROACHMENT PERMIT
GENERAL CONDITIONS OF APPROVAL
_________________________________________________________________________________ The following are general requirements for work within all public street or utility easement areas. The Permittee also must comply with all the terms, conditions, rules and procedures of the Encroachment Permit, City Encroachment Permit Ordinance, Encroachment Permit, and the City’s Standard Specifications and Details (Note: San Juan Bautista has adopted by reference the City of Hollister Engineering Design Standards, Standard Specifications and Standard Plans, latest edition). 1) Encroachment Permit Compliance Required. No person shall make a right-of-way encroachment or cause any street cut to be made without having secured an Encroachment Permit two (2) working days in advance of the date specified to begin work except when an emergency street cut is necessary. All work shall be performed in strict compliance with the terms and conditions of this permit.
2) Failure to Comply. Failure to comply with the requirements of this permit may result in one or more of the following:
a) City Engineer may order immediate suspension of work until compliance is resolved. b) Should the Permittee or the Permittee's contractor fail to correct the non-compliances, the City Engineer may cause removal and replacement of deficient work and/or completion of work to bring the project into compliance at the Permittee's expense. c) The City Engineer may cause traffic controls to be set, as deemed necessary by the City Engineer, at the expense of the Permittee.
d) If the City Engineer deems emergency repairs necessary, he or she will attempt to notify the Permittee. If the Permittee cannot be contacted or fails to respond in a timely fashion, the City Engineer shall cause the work to be done at the Permittee's expense.
Where corrective work described above is ordered by the City Engineer, the cost of that work shall be charged to the Permittee on a Labor, Equipment and Materials basis plus overhead to reimburse the City for its actual costs.
3) Notification. The Permittee shall notify the City at least two (2) working days prior to start of work and at that time shall provide a project schedule. Permittee shall notify the Police Department if the work may impede the passage of emergency vehicles
4) Emergency Street Cut. A permit for an emergency street cut shall be secured not later than the working day immediately following the emergency street cut. If the emergency street cut is performed during business hours, the Permittee shall attempt to reach the City Engineer by telephone in advance of the work.
5) Time Extension. If the completion/expiration date stated on the permit will be exceeded, the Contractor must apply for an extension. The extension may be approved by the City Engineer, and shall be indicated on the permit.
6) Construction Review. Work shall be inspected as indicated on the permit. Uninspected work shall be removed as deemed appropriate by the City Engineer. To request an inspection, call (408) 842- 2173 at least one (1) working day in advance of requested inspection time. Inspection shall be scheduled Monday through Friday, except holidays, from 8:15 A.M. to 4:15 P.M. 7) Underground Alert. The Permittee must telephone Underground Service Alert (USA) at (800) 227- 2600 to verify utility locations at least two (2) working days prior to any excavation. Failure to do so shall result in issuance of a Stop Work Notice. Permittee is responsible for all utility relocations. 7/31/2015
P:\Forms\Encroachment Permit.doc
8) Unknown Underground Facility. If an unknown underground facility is encountered, work shall cease immediately and both the City Engineer and the utility believed to own the facility shall be notified. Work shall not proceed until permission is granted by the City Engineer. 9) Posting. The Permittee must keep the signed permit at the worksite or on the premises of the encroachment at all times.
10) Emergency Call-out. A Permittee shall provide a 24-hour emergency telephone number on the application and shall display its company name and emergency telephone number on its barricades.
Failure to respond to an incident promptly shall require corrective measures by the City, the cost of which shall be borne by the Permittee.
11) Other Regulations. It is the Permittee's responsibility to comply with all City laws and regulations and to obtain all necessary permits. Such laws, regulations and permits include, but are not limited to, the City Business License, Americans with Disabilities Act (ADA) and Division of Occupational Safety & Health standards.
12) Public Safety. The Permittee shall furnish, erect, and maintain barricades, lights, signs, flagmen, fencing, and other safety measures to give adequate protection to the public at all times. Failure of the Permittee to set required warning devices may result in a project shutdown, and charges to the Permittee for costs incurred by the City.
13) Vehicle & Pedestrian Traffic. The Permittee shall follow Caltrans standards for traffic control. The Parking of any construction-related vehicles or storage of any material is not allowed on a public street or sidewalk unless approved in advance by the City Engineer. 14) Travel Lane & Sidewalk Closures. The Permittee shall provide access to all areas in the vicinity of the encroachment and shall provide necessary temporary sidewalk and warning signs. The Permittee shall assure that all City streets, travel lanes and sidewalks remain open at all times unless a traffic control plan has been approved in advance by the City Engineer or his or her representative. A traffic control plan shall be submitted to the City Engineer or his or her representative for review and approval at least five (5) working days prior to the date of any requested for closure. The approval of the traffic control plan must precede notification of closure. The City Engineer shall be notified of any closure date and its duration at least five (5) working days in advance of closure. 15) Construction Staging Areas. Proposed locations of construction staging areas shall be approved by the City Engineer. Any construction staging area proposed outside of the public right-of-way shall be disallowed unless the Permittee has secured the prior written approval of the owner. 16) Site Maintenance. Work areas shall be maintained in a neat, clean and safe condition at all times.
Debris shall be removed daily. The site shall be treated for dust control as necessary. Dirt tracked from the work site shall be cleaned from City streets, curbs, gutters, and sidewalks. The flushing of dirt and debris to storm drain or sanitary sewer facilities is strictly prohibited. The Permittee shall employ construction practices which will prevent pollutants such as mud, silt, chemical residue, and washings from concrete and saw-cutting from entering storm drains. The site shall be properly secured during non-work hours.
17) Excavations. All excavations and trenches created in existing concrete or pavement shall be neatly saw cut. Trench spoils shall be removed from the job site. Backfill shall consist of sand or approved granular material compacted to 95% Relative Compaction. Excavations within the public right-of-way shall be backfilled, compacted, and temporarily paved with cold mix "cut back" type A.C. prior to 4:00 P.M. to allow for vehicular and pedestrian traffic. The use of non-skid trench plates is allowed, provided the Contractor covers all edges of the plates with cold mix material. It shall be the Permittee's and the Contractor's responsibility to maintain on a daily basis, including weekends and holidays, the amount of material necessary to maintain the trench surface flush with the existing street or sidewalk. In addition, the Contractor shall respond to and correct shifting trench plates regardless of the time of day. If Contractor fails to correct sinking backfill material or shifting trench plates in a timely manner, City reserves the right to correct the problem at the expense of the Contractor. All trenches shall be fully restored within ten (10) days of first street cut. 7/31/2015
P:\Forms\Encroachment Permit.doc
18) Street Cuts. The Permittee shall use boring and jacking as an alternative to open cut of streets if required by the City Engineer. No street pavement shall be cut unless specifically approved in writing pursuant to an Encroachment Permit. 19) Surface Restoration (Pavement, Curb, Gutter, Sidewalk, and Driveway): Method of excavation and surface restoration including but not limited to Pavement, Curb, Gutter, Sidewalk, and Driveway Restoration shall be according to the San Juan Bautista Standards, except as modified by Special Provisions on Permit.
20) Hazardous Materials. The Permittee is responsible for satisfying all applicable procedures and regulations in the event hazardous materials are encountered. This includes notification to emergency phone number 911.
21) Monument Preservation. Location of Monuments shall be tied out prior to work. Any City monument damaged, displaced, or destroyed by Permittee's work shall be replaced by Permittee at Permittee's sole expense.
22) Removal of Markings. All sidewalk and/or pavement markings painted by Underground Service Alert (USA), utility companies, or Permittee shall be removed to the satisfaction of the City Engineer within ten (10) working days after completion of construction. 23) Work Hours. All work in the public right-of-way is restricted to non-holiday weekdays 8:00 A.M. to 5:00 P.M. except if agreed to by City Engineer.
24) Traffic Striping and Pavement Markings. Any traffic striping and/or pavement markings damaged or destroyed by Permittee's work shall be replaced by Permittee to the satisfaction of the City Engineer at Permittee's sole expense. The Permittee is responsible for furnishing a completed Certificate of Insurance.
25) State and City License. All work shall be done by a Contractor and/or subContractor with appropriate State Contractor’s license(s) to do work. All Contractors including subcontractors shall have a current City Business License. All Contractors and/or subcontractors shall be able to provide a Certificate of Insurance, including endorsement, with a recommended $2,000,000 General Liability policy naming the City of San Juan Bautista, and Hanna & Brunetti as an “Additional Insured” on the policy.
26) Indemnification. To the fullest extent permitted by law, Permittee shall defend through counsel approved by City (which approval shall not be unreasonably withheld,) indemnify and hold harmless City, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly from or indirectly from any act, errors or omissions of Permittee or Permittee's assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property 27) Permit Commencement and Duration. This Permit is valid for ninety (90) days from date of issuance unless stated otherwise in the Permit. This Permit will become void if work is not begun within sixty (60) days from date of issuance. Final inspection and acceptance of work shall close this Permit.
28) Two-Year Warranty. The Permittee shall assume a two (2) year warranty period from the date of acceptance for all material and workmanship for all work performed under this Permit in the City right-of-way. Between thirty (30) and forty-five (45) days after notice of completion, the Permittee shall check for trench settlement and make necessary adjustment, if any, and then call for an inspection. Permittee shall be released two (2) year after completion notice from all requirements to maintain trench pavement and patches.
29) Additional Conditions
a) Design and construction of the encroachment that is the subject of this Permit shall be coordinated with City Engineer, San Juan Bautista Staff, and all affected utilities. b) Schedule of Work shall be updated weekly.
c) Work site(s) shall have full-time Site Superintendence. d) 24-hour emergency phone numbers shall be updated as changes occur. 30) Application Processing Fee and Construction Review Costs. The Encroachment Permit Application and related Construction Activities require review to ensure that proposed work is performed to the Conditions of Approval, Special Provisions on Permit, and to City Standards. 7/31/2015
P:\Forms\Encroachment Permit.doc
The Permittee shall deposit with the City a fee for Processing Application, and (if required) a deposit for Construction Review prior to any encroachment activity.
The INITIAL APPLICATION PROCESSING FEE shall be based on the following table Location and Estimated Costs of
Encroachment Permit Activities (Estimated
Cost of Work & Improvements)
Encroachment Permit Initial Application
Processing Fee
Along Frontage of Applicant’s Lands and
Estimated Cost Less than $4000
Application Fee of $50
Along Frontage of Applicant’s Lands and
Estimated Cost Greater than $4000
Application Fee of $50 plus 2% of Estimated
Costs of Encroachment Activities
In City Lands Not Along Frontage of
Applicants Lands
Application Fee of $150 plus 3% of Estimated
Costs of Encroachment Activities
Additional Application Processing Fees may be charged for incomplete submittals, or changes to initial application submittal. Additional fees shall be on a time and materials basis.
The CONSTRUCTION REVIEW FEE, initial deposit shall be based on the following table Location and Estimated Costs of
Encroachment Permit Activities (Estimated
Cost of Work & Improvements)
Deposit for Construction Review
Along Frontage of Applicant’s Lands and
Estimated Cost Less than $4000
If Construction Review is required, $50 plus
5% of Estimated Costs of Encroachment
Activities
Along Frontage of Applicant’s Lands and
Estimated Cost Greater than $4000
$150 plus 5% of Estimated Costs of
Encroachment Activities
In City Lands Not in Frontage of Applicants
Lands
$250 plus 6% of Estimated Costs of
Encroachment Activities
All Construction Review shall be on a Time and Materials Basis and/or if the Encroachment Permit Activities are not performed to the Conditions of Approval, City Standards, Special Provisions on Permit, and/or are not acceptable for other reasons, the work/improvements shall be removed and replaced and additional Fees shall be deposited to the City to cover additional processing and/or construction review costs, as determined by the City Engineer or Manager.
31) Bonding. On all Projects where the Estimated Costs for the Encroachment Permit Activities is greater than $4,000, the Permittee is responsible for furnishing security or a performance bond to be executed in the face amount not less than one hundred percent (100%) of the total construction cost. 32) Acceptance. The Permittee's acceptance of this Permit shall constitute acceptance of and agreement to all of the conditions and requirements of this Permit and the ordinance authorizing issuance of such permit. Permittee's acceptance of this Permit acknowledges that it is revocable by the City of San Juan Bautista, and that upon notification of revocation Permittee shall remove the encroachment at Permittee's own expense, without cost or obligation to the City. The Permittee acknowledges that the Permittee is subject to, and must comply with, all sections of the City Code.
Item: 6.J
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: DIGITAL COMMUNICATIONS AND SOCIAL MEDIA POLICY
RECOMMENDED MOTION:
Approve a resolution repealing Resolution No. 2017-23 and adopting the City of San Juan Bautista’s updated Digital Communications and Social Media Policy.
RECOMMENDATION:
Staff recommends that the City Council adopt the updated Digital Communications & Social Media Policy. The proposed policy replaces the City's 2017 Social Media Policy and establishes a modern framework for administering official City digital communications and social media platforms. The policy promotes transparency, public engagement, accessibility, legal compliance, cybersecurity, and responsible records management while providing flexibility to adapt to future technologies and communication needs. The policy also acknowledges the City's ongoing efforts to strengthen records management practices through the future development of a comprehensive Records Retention Schedule and related records management policies.
EXECUTIVE SUMMARY:
The City Council adopted the City's original Social Media Policy in 2017. Since that time, digital communications have evolved significantly and now serve as one of the City's primary methods of communicating with residents, businesses, visitors, partner agencies, and the media.
The proposed policy replaces the 2017 policy in its entirety and establishes updated standards governing the use of official City social media accounts while reaffirming that the City's official website remains the primary source of official public information.
The revised policy incorporates current best practices related to public engagement, accessibility, cybersecurity, records management, public comment moderation, artificial intelligence, and compliance with applicable California law, including the Ralph M. Brown Act, the California Public Records Act, and evolving requirements related to public access and participation in local government meetings.
The policy also recognizes that content maintained on official City digital communication and social media platforms may constitute public records. The City Clerk's Department is currently Page | 2
evaluating citywide records management practices and anticipates bringing forward a comprehensive Records Retention Schedule and related records management policies for City Council consideration. These future efforts will provide additional guidance regarding the retention and disposition of social media content and other City records in accordance with applicable law.
After adopting the policy, the City Manager and/her designee will implement administrative procedures and Standard Operating Procedures (SOPs) to provide staff with operational guidance for administering the City's digital communications program.
BACKGROUND:
On July 18, 2017, the City Council adopted Resolution No. 2017-23 approving the City's original Social Media Policy.
Since adoption of that policy, the City's communication practices have expanded considerably.
The City now utilizes multiple official communication channels to provide timely information regarding City Council meetings, public notices, infrastructure projects, recreation programs, library services, emergency notifications, economic development initiatives, and other municipal services.
At the same time, legal guidance and industry best practices governing public agency use of social media have continued to evolve. Public agencies are expected to address issues including accessibility, public records retention, cybersecurity, viewpoint-neutral moderation of public comments, and responsible management of official digital communication platforms.
In addition, public agencies have experienced increased emphasis on electronic records management and retention requirements associated with digital communications and social media content. To support compliance with applicable public records laws and records management standards, the City Clerk's Department is evaluating citywide records retention needs and anticipates bringing forward a comprehensive Records Retention Schedule and related records management policies for future City Council consideration.
The proposed policy has been comprehensively updated to reflect these developments while providing flexibility to adapt to future technologies and communication platforms without requiring frequent amendments by the City Council.
DISCUSSION:
Modernizing the City's Communications Policy
The proposed policy also recognizes the importance of public access and participation in local government communications and is intended to remain consistent with evolving requirements affecting public meetings, accessibility, and community engagement.
Item: 6.J
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Key policy updates include:
• Establishing City Manager authority over official communication accounts; • Clarifying the appropriate use of official digital communication platforms; • Updating standards for public participation and comment moderation; • Incorporating accessibility and public records requirements; • Providing guidance regarding the use of artificial intelligence in preparing public communications;
• Strengthening account security expectations; and
• Reinforcing compliance with applicable federal and California law.
The revised policy establishes broad governance principles while authorizing the City Manager to develop the administrative procedures needed for implementation.
Administrative Implementation
Following adoption, the City Manager will implement administrative Standard Operating Procedures governing the day-to-day management of the City's website and official social media accounts.
These administrative procedures will address operational matters including account administration, approval workflows, branding standards, accessibility practices, website management, cybersecurity, records management, and staff responsibilities.
Separating policy from administrative procedures allows the City to adapt to evolving technology, staffing, and operational needs without amending the Council-adopted policy.
Separately, the City Clerk's Department anticipates bringing a comprehensive Records Retention Schedule and related records management policies to City Council for consideration. Those efforts will establish citywide guidance regarding the retention and disposition of social media content and other City records in accordance with applicable law.
Public Communication
The updated policy reinforces the City's commitment to providing timely, accurate, and accessible public information while recognizing that the City's official website remains the official source of public notices, agendas, documents, and other official records.
Social media will continue to serve as a supplemental communication tool supporting community engagement, public education, emergency notifications, recreation programming, library services, tourism promotion, and economic development initiatives.
CEQA REQUIREMENT:
Not a Project. The City of San Juan Bautista has determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5).
FISCAL IMPACT:
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Adoption of the updated policy is not anticipated to have a significant fiscal impact. Existing staff will continue to administer the City's digital communications program. The City will incorporate administrative procedures, account management practices, and cybersecurity measures into ongoing operations.
STRATEGIC PLAN ALIGNMENT
The proposed policy supports several Strategic Plan goals, including:
• Transparent & Responsive Government;
• Organizational Capacity & Professionalization;
• Community Engagement;
• Economic Development & Tourism Promotion; and
• Operational Excellence.
CONCLUSION
The proposed Digital Communications & Social Media Policy modernizes the City's governance of official digital communications while providing flexibility to adapt to future technology and communication platforms. Adoption of the policy will strengthen transparency, improve consistency, support legal compliance, and establish a durable framework for the City's ongoing public communications efforts.
ATTACHMENTS
1. Resolution
2. Exhibit A – Digital Communications & Social Media Policy
3. Appendix A – Public Comment Policy.
Item: 6.J
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RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA REPEALING RESOLUTION NO. 2017-23 AND ADOPTING AN UPDATED SOCIAL
MEDIA POLICY FOR THE CITY OF SAN JUAN BAUTISTA
WHEREAS, the City of San Juan Bautista is committed to maintaining open, transparent, and effective communication with residents, businesses, visitors, partner agencies, and other stakeholders; and
WHEREAS, social media has become an important communication tool for providing timely information regarding City services, public meetings, emergency notifications, infrastructure projects, community events, economic development, and other municipal activities; and
WHEREAS, the City Council adopted Resolution No. 2017-23 on July 18, 2017, approving the City's original Social Media Policy; and
WHEREAS, since adoption of the original policy, technology, social media platforms, public expectations, and legal requirements governing public agency use of social media have evolved significantly; and
WHEREAS, the City desires to modernize its Social Media Policy to reflect current best practices for public engagement, accessibility, cybersecurity, records management, and compliance with applicable federal and California law, including the Ralph M. Brown Act and the California Public Records Act; and
WHEREAS, the updated Social Media Policy establishes clear standards for the creation, administration, security, and management of official City social media accounts while preserving the City's official website as the primary source of official public information; and WHEREAS, the City Council finds that adoption of the updated Social Media Policy promotes transparency, accountability, operational consistency, and responsible stewardship of the City's public communications.
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.
Resolution No. 2017-23 is hereby repealed in its entirety.
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SECTION 3.
The City Council hereby adopts the Digital Communications & Social Media Policy attached hereto as Exhibit A, including Appendix A, which shall govern the creation, administration, and management of official City digital communication and social media accounts.
SECTION 4.
The City Manager, or designee, is authorized to administer the policy and establish administrative procedures consistent with its provisions.
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: Councilmembers:
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Item: 6.J
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City of San Juan Bautista
Digital Communications & Social Media Policy
SECTION 1. PURPOSE
The purpose of this policy is to establish standards governing the creation, management, and use of official City digital communication and social media accounts to enhance communication with residents, businesses, visitors, and partner agencies while ensuring compliance with applicable federal and California law.
This policy applies to official City digital communication and social media accounts, City departments, authorized employees, contractors, consultants, and elected officials when using official City accounts.
This policy does not govern personal social media accounts except as otherwise required by applicable law or City policy.
SECTION 2. AUTHORITY
The City Manager shall designate employees authorized to administer official social media accounts.
No department, committee, commission, or employee may create an official City social media account without written approval from the City Manager.
The City shall maintain an inventory of all official communication accounts in accordance with administrative procedures established by the City Manager.
SECTION 3. OFFICIAL SOCIAL MEDIA PLATFORMS
Official City digital communication and social media accounts may be used to communicate information related to official City business, including public meetings and hearings, municipal services, programs, projects, public safety information, emergency notifications, community engagement opportunities, employment opportunities, and other matters of public interest.
The City's official website shall remain the official and primary source of public notices, agendas, meeting materials, forms, public records, and other official City information. Whenever practical, digital communications and social media content should direct users to the City's official website for additional information.
SECTION 4. APPROPRIATE CONTENT
Official City digital communication and social media accounts may be used to communicate information related to official City business, including public meetings and hearings, City services, programs, projects, operations, public safety information, emergency notifications, Item: 6.J
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community engagement opportunities, employment opportunities, and other matters of public interest.
The City's official website shall remain the official and primary source of public notices, agendas, meeting materials, forms, public records, and other official City information. Whenever practical, digital communications and social media content.
SECTION 5. PUBLIC COMMENT POLICY
The City encourages public participation and constructive dialogue on its official digital communication and social media platforms. Public comments are subject to the City's social media Public Comment Policy attached as Appendix A.
The City will administer and moderate public comments in a viewpoint-neutral manner and in accordance with applicable law. Comments shall not be removed solely because they express disagreement with City policies, actions, decisions, or viewpoints.
Comments that violate the standards set forth in Appendix A may be removed, hidden, restricted, or otherwise moderated in accordance with applicable law. The City shall maintain records of moderated content in accordance with applicable records and retention requirements and City policies.
SECTION 6 EMPLOYEE RESPONSIBILITIES
Employees authorized to administer official City communication accounts shall comply with this policy and any administrative procedures established by the City Manager.
SECTION 7. ELECTED OFFICIALS AND BROWN ACT COMPLIANCE
Members of the City Council and members of other legislative bodies shall comply with the Ralph M. Brown Act when using digital communication and social media platforms. Members shall not use social media or other digital communication platforms to develop a collective concurrence, directly or indirectly, regarding matters within the jurisdiction of their legislative body.
Nothing in this policy shall be interpreted to permit communications, discussions, deliberations, or actions that would violate the Ralph M. Brown Act or other applicable open meeting laws.
The City shall administer its digital communications practices in compliance with applicable public meetings, accessibility, and public participation laws.
SECTION 8. PUBLIC RECORDS
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Content created, received, or maintained on official City digital communication and social media accounts may constitute public records under California law.
The City shall retain records in accordance with applicable law, adopted records retention schedules, and records management policies.
The City Clerk's Department is responsible for coordinating records management and retention practices for the City and may develop administrative procedures consistent with City policy and applicable law.
The City anticipates further addressing records retention requirements by developing and adopting a comprehensive Records Retention Schedule and related records management policies.
Deleting or removing content from a social media platform does not eliminate any applicable public records retention obligations.
SECTION 9. ACCESSIBILITY
The City is committed to making its digital communications and social media content accessible to members of the public, including individuals with disabilities, consistent with applicable federal and state laws. The City shall strive to incorporate accessibility considerations into its digital communications and may adopt administrative procedures, standards, and practices to support ongoing accessibility compliance and improvements.
SECTION 10. ARTIFICIAL INTELLIGENCE
Artificial intelligence tools may be utilized to assist in drafting digital communications and social media content. Employees remain responsible for ensuring that all AI-assisted content is accurate, complete, compliant with applicable law, and appropriately reviewed prior to publication. Use of artificial intelligence does not relieve employees of responsibility for the content of official City communications.
SECTION 11. ACCOUNT SECURITY
Official communication accounts shall be managed in accordance with administrative security procedures established by the City Manager.
SECTION 12. EMERGENCY COMMUNICATIONS
Social media may supplement emergency communications but shall not replace official emergency notification systems.
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Residents should contact emergency services by calling 911 whenever immediate assistance is required.
SECTION 13. DISCLAIMER
Comments by members of the public do not necessarily reflect the views of the City, the City Council, commissions, committees, officers, or employees.
SECTION 14. POLICY ADMINISTRATION
The City Manager is responsible for administration of this policy and may develop administrative procedures consistent with this policy.
SECTION 15. ADMINISTRATIVE PROCEDURES
The City Manager is authorized to establish, revise, and implement administrative procedures, standard operating procedures, forms, checklists, account inventories, branding standards, and other guidance necessary to implement this policy. Such administrative procedures may be modified from time to time without further action of the City Council, provided they remain consistent with this policy and applicable law.
SECTION 16. REVIEW
This policy shall be reviewed periodically and may be amended by City Council resolution.
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APPENDIX A
CITY OF SAN JUAN BAUTISTA
SOCIAL MEDIA PUBLIC COMMENT POLICY
The City of San Juan Bautista welcomes comments and encourages respectful public participation on its official social media platforms. Social media is intended to facilitate communication between the City and the public regarding municipal programs, services, projects, events, and other matters of public interest.
The City moderates its social media sites in a viewpoint-neutral manner and in accordance with applicable law. Content will not be removed solely because it expresses disagreement with City policies, actions, decisions, or viewpoints.
To maintain a safe, respectful, and legally compliant forum, the City reserves the right to remove or hide content that falls within one or more of the following categories:
Comments that contain true threats of violence or unlawful conduct. Content that incites imminent unlawful activity.
Obscene material or sexually explicit content.
Content that constitutes harassment directed at an individual through repeated abusive conduct.
Spam, repetitive postings, or content intended to disrupt discussion. Commercial advertising, promotions, or solicitation of products or services unrelated to City business.
Fraudulent or deceptive content, including phishing attempts or malicious links. Content that violates copyright, trademark, or other intellectual property rights. Disclosure of confidential, protected, or private information, including personal identifying information that should not be publicly disclosed. Content that impersonates another individual or organization. Malware or other content intended to compromise the security of users or City systems.
The City may also limit duplicate comments posted repeatedly across multiple discussions when they substantially interfere with the intended purpose of the forum.
Comments removed or hidden under this policy shall be retained in accordance with applicable public records laws, adopted records retention schedules, and the City's records management practices.
The City may temporarily or permanently restrict users who repeatedly violate this policy, consistent with applicable law and the terms of service of the applicable social media platform.
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Comments posted by members of the public do not reflect the views of the City of San Juan Bautista, the City Council, City commissions, committees, officers, employees, or agents.
Official City social media accounts are not continuously monitored and are not a substitute for emergency services or official reporting channels.
For emergencies, call 911. For routine City service requests, contact City Hall at (831) 623-4661 or visit www.sanjuanbautista-ca.gov.
Thank you for helping us maintain a respectful and productive online community.
Item No.:6.K
City Council Meeting
September 15, 2026
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CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: AUTHORIZATION TO ISSUE REQUEST FOR PROPOSALS
(RFP) FOR CITY ATTORNEY AND MUNICIPAL LEGAL
SERVICES
RECOMMENDED MOTION:
Approve a resolution authorizing issuance of a Request for Proposals (RFP) for City Attorney and Municipal Legal Services; directing staff to conduct a qualifications-based, best-value evaluation of proposals and present the results and ranking to the City Council; and providing for finalist interviews by the full City Council prior to final selection, appointment, and contract approval.
RECOMMENDATION:
Staff recommends that the City Council authorize issuance of a Request for Proposals (RFP) for City Attorney and comprehensive municipal legal services. The RFP is intended to identify a qualified City Attorney and legal team that can provide responsive, practical, solution-oriented counsel across the City’s broad municipal legal needs.
EXECUTIVE SUMMARY:
The City of San Juan Bautista relies on the City Attorney for day-to-day legal advice, City Council and public-meeting support, review of agreements and ordinances, land use and CEQA matters, public works and utility issues, employment matters, code enforcement, risk management, claims, and other municipal legal services. The City’s prior three-year engagement for City Attorney services commenced August 16, 2023, and concluded August 15, 2026.
The proposed RFP updates the City’s prior procurement approach and places increased emphasis on municipal-law expertise, responsiveness, availability, continuity, practical problem solving, institutional knowledge, and cost transparency. The solicitation also incorporates input from City leadership regarding the service model and areas of expertise needed to support a small organization with significant infrastructure, regulatory, land-use, and operational responsibilities.
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Authorization of the RFP does not appoint a new City Attorney or approve a long-term legal services agreement. Following evaluation of the proposals, staff will present the results and ranking to the City Council. The City Council will then interview the highest-ranked finalists and determine which proposer, if any, should proceed to final contract negotiations. Final appointment of the City Attorney and approval of the professional services agreement will remain subject to City Council action at a duly noticed public meeting.
BACKGROUND:
In 2023, the City conducted a competitive Request for Qualifications process for City Attorney and City legal services. Following proposal review, interviews, and reference checks, the City Council adopted Resolution No. 2023-58 appointing Jon R. Giffen of Kennedy, Archer & Giffen, P.C. as City Attorney and directing negotiation of a three-year engagement.
The resulting engagement commenced August 16, 2023 and continued through August 15, 2026.
With the conclusion of that term, staff recommends that the City conduct a new competitive solicitation so the City Council can evaluate the current market for municipal legal services and select counsel based on the City’s present and anticipated needs.
The City Council appoints the City Attorney. The proposed procurement therefore provides for staff review and scoring of proposals, reference and conflict checks, and other appropriate due diligence. Staff will present the results and ranking to the City Council, which will interview the highest-ranked finalists as a full Council. This approach allows the administrative and technical evaluation to be completed by staff while reserving assessment of the finalists and ultimate appointment of the City Attorney to the full City Council.
Milestone Tentative Date
City Council authorization September 15, 2026
RFP issued September 21, 2026
Deadline for written questions October 19, 2026
City responses/addenda posted October 30, 2026
Proposals due November 30, 2026
Staff evaluation, scoring and due diligence completed December 15, 2026 Staff presents ranking/finalists to City Council December 2026 / January 2027 Full City Council finalist interviews Week of January 4, 2027 Council identifies preferred proposer January 2027
Contract negotiations/finalization January 2027
Council appointment and contract consideration January 19, 2027 DISCUSSION:
The proposed RFP is structured as a qualifications-based, best-value procurement. Cost will be considered, but the City is not required to select the lowest-cost proposal. The evaluation Item No.:6.K
City Council Meeting
September 15, 2026
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framework gives substantial weight to the qualifications of the proposed City Attorney and legal team, relevant California municipal experience, responsiveness, availability, continuity, service delivery, professional judgment, and overall value.
The scope of services reflects the legal needs of the City and includes general municipal counsel; Brown Act, Public Records Act, Political Reform Act and conflict-of-interest matters; land use, planning and CEQA; public works and contracting; water and wastewater utilities; real property and rights-of-way; labor and employment; code enforcement; public safety and risk management; litigation and claims; elections; legislation; and intergovernmental matters.
Based on staff input, the RFP also emphasizes several service expectations that are particularly important to San Juan Bautista:
Timely and practical legal guidance, including clear options and legally defensible pathways for accomplishing City objectives rather than solely identifying legal obstacles;
Defined response standards for urgent and routine matters, together with dependable backup coverage and emergency availability;
Regular City Attorney office hours of up to one eight-hour workday per week, with proposers asked to describe and price an in-person, remote, or hybrid service model; Experience with comprehensive municipal code review, modernization, and recodification;
Proactive monitoring of new legislation, regulations, and court decisions, with actionable updates tailored to affected City departments; Experience with state and federal regulatory requirements affecting municipal infrastructure and utility projects;
Development and preservation of institutional knowledge regarding the City’s organization, agreements, projects, policies, and pending matters; and A detailed transition plan and organized matter-management system to protect continuity of representation.
Proposers will also be required to identify the attorneys responsible for major practice areas and provide pricing sufficient to compare different staffing and service models. The RFP includes a standardized hypothetical monthly workload to assist the City in evaluating the practical cost of each proposal rather than relying only on stated hourly rates.
The proposed initial contract term is two years, with up to three optional one-year extensions subject to Council approval, satisfactory performance, funding, and mutually acceptable compensation. This structure provides continuity while preserving regular opportunities for the City to evaluate performance and service delivery.
Following Council authorization, staff anticipates the following general sequence:
• Finalize procurement dates, contact information, and any non-substantive administrative edits to the RFP;
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• Release the RFP and provide an approximately four-week proposal period, including time for written questions and City responses;
• Conduct responsiveness review, evaluation, reference checks, conflict review, and other due diligence;
• Interview the highest-ranked firms using a separately scored finalist interview process; • Negotiate proposed terms with the preferred firm, subject to Council approval; and • Return to the City Council with the results of the process, recommended City Attorney appointment, and proposed professional services agreement.
The schedule may be adjusted based on the number of proposals received, interview availability, negotiations, and the time necessary to provide for an orderly transition of legal services.
Selection Process
Staff will conduct the initial administrative and technical evaluation of responsive proposals using the evaluation criteria contained in the RFP. This review will include proposal scoring, reference checks, conflict review, verification of qualifications, review of proposed costs and contract exceptions, and other appropriate due diligence.
Following completion of that review, staff will present the proposal rankings and recommended finalists to the City Council. Rather than utilizing a Council subcommittee for finalist interviews, the highest-ranked firms will be interviewed by the full City Council. The interviews will be separately scored using the criteria established in the RFP.
Following finalist interviews, the City Council may identify a preferred proposer and direct staff to proceed with negotiations. Final appointment of the City Attorney and approval of the professional services agreement will return to the City Council for formal action.
FISCAL IMPACT:
Authorization to issue the RFP does not itself authorize a new long-term expenditure. Proposer costs will be evaluated as part of the competitive process. The recommended firm’s proposed compensation and contract terms will be presented to the City Council for approval before execution of a long-term agreement. Staff time associated with administration of the procurement will be absorbed within existing resources.
CONCLUSION:
City Attorney services are integral to the City Council’s decision-making and to the effective operation of every City department. Conducting a competitive solicitation at the conclusion of the prior three-year engagement provides an opportunity to evaluate available municipal legal providers against clearly defined service expectations and the City’s current needs.
The proposed RFP is designed to identify counsel with strong California municipal-law experience, sound judgment, dependable availability, practical problem-solving skills, and the ability to build an effective working relationship with the City Council, City Manager, Item No.:6.K
City Council Meeting
September 15, 2026
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department heads, and staff while maintaining the professional independence required of the City Attorney.
Staff recommends authorization to issue the RFP and proceed with the competitive selection process, with final appointment and contract approval returning to the City Council for consideration.
CEQA REQUIREMENT:
The proposed action involves authorization to issue a Request for Proposals for professional legal services. This action is administrative in nature and does not constitute a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5).
ATTACHMENTS:
1. Request for Proposals – City Attorney and Municipal Legal Services
2. Resolution
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RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AUTHORIZING ISSUANCE OF A REQUEST FOR PROPOSALS FOR CITY
ATTORNEY AND MUNICIPAL LEGAL SERVICES
WHEREAS, the City of San Juan Bautista requires professional legal services to advise and represent the City Council, City Manager, officers, departments, boards, commissions, and authorized staff in matters of California municipal law; and WHEREAS, the City previously conducted a competitive solicitation for City Attorney services in 2023, following which the City Council appointed Jon R. Giffen of Kennedy, Archer & Giffen, P.C. as City Attorney and authorized a three-year engagement; and WHEREAS, the three-year engagement commenced August 16, 2023 and concluded August 15, 2026; and
WHEREAS, the City Council desires to conduct a new competitive selection process to evaluate qualified municipal law firms and attorneys based on the City’s current and anticipated legal-service needs; and
WHEREAS, the City Manager has prepared a Request for Proposals for City Attorney and Municipal Legal Services using a qualifications-based, best-value selection process that considers municipal experience, proposed personnel, responsiveness, availability, continuity, service approach, professional judgment, cost, and overall value; and WHEREAS, the proposed Request for Proposals includes service expectations addressing timely legal advice, public meetings and governance, land use and CEQA, public works and contracting, utilities, employment, code enforcement, risk management, municipal code modernization, legislative updates, institutional knowledge, and transition of legal matters; and
WHEREAS, the City Council desires to authorize issuance of the Request for Proposals and direct staff to conduct the competitive selection process, with final selection and appointment of the City Attorney and approval of a professional services agreement reserved for future City Council action;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista that:
1. The City Council hereby authorizes the City Manager to issue the Request for Proposals for City Attorney and Municipal Legal Services substantially in the form presented to the City Council.
2. The City Manager is authorized to make non-substantive administrative revisions to the Request for Proposals, including final procurement dates, submission information, Page | 2
formatting, clarifications, and addenda, provided such revisions do not materially alter the scope or selection framework approved by the City Council.
3. City staff is authorized to receive and evaluate proposals, score responsive proposals in accordance with the evaluation criteria established in the Request for Proposals, conduct reference and conflict checks and other appropriate due diligence, and present the results, ranking, and recommended finalists to the City Council.
4. The highest-ranked finalists, as determined through the evaluation process and City Council direction, shall be invited to participate in interviews with the full City Council.
No City Council subcommittee is required for the evaluation or interview process.
5. Following finalist interviews, the City Council may identify a preferred proposer and authorize staff to negotiate proposed contract terms. Final selection and appointment of the City Attorney and approval of a professional legal services agreement shall remain subject to City Council action at a duly noticed public meeting.
6. This Resolution does not authorize execution of a long-term City Attorney services agreement or expenditure of funds beyond existing authority.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 15th day of September 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
City of San Juan Bautista
REQUEST FOR PROPOSAL
CITY ATTORNEY AND MUNICIPAL LEGAL SERVICES
Proposals Due November 30, 2026 at 5:00 P.M. PST
City of San Juan Bautista
311 2nd Street / P.O. Box 1420
San Juan Bautista, CA 95045
SEPTEMBER 21, 2026
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NOTICE OF REQUEST FOR PROPOSALS
The City of San Juan Bautista (City) invites qualified law firms and attorneys to submit proposals to provide comprehensive City Attorney and municipal legal services. The selected firm will designate a primary attorney to serve as City Attorney, together with qualified backup and specialty counsel as needed and approved by the City.
The City seeks a trusted legal advisor with substantial California municipal-law experience, sound judgment, practical problem-solving skills, strong communication, dependable availability, and the ability to support a small general law city with a broad range of governmental, operational, land-use, employment, contracting, public-safety, utility, and risk-management matters.
Selection method
This is a qualifications-based, best-value procurement. The City will consider professional qualifications, the proposed legal team, responsiveness, service approach, continuity, municipal experience, and overall value. The City is not required to select the lowest-cost proposal.
The City Council appoints the City Attorney pursuant to California Government Code section 36505. The selected City Attorney will represent the City as a municipal entity and will serve at the pleasure of the City Council, subject to the terms of the final professional services agreement and applicable law.
SOLICITATION OVERVIEW
Issuing agency City of San Juan Bautista
Services requested City Attorney and comprehensive municipal legal services Contract type Professional services agreement; hourly, retainer, hybrid, or other clearly defined fee structure may be proposed
Anticipated term Two years, with up to three optional one-year extensions, subject to Council approval, satisfactory performance, funding, and contract terms Proposal validity Minimum 120 days after the proposal deadline Submission format Electronic PDF proposal and separate electronic cost proposal Primary contact Ashley Collick, City Manager
DOCUMENT MAP
1 City Background and Objectives
2 Procurement Schedule and Communications
3 Scope of Services
4 Service Delivery and Performance Expectations
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5 Minimum Qualifications
6 Proposal Content and Organization
7 Cost Proposal Instructions
8 Evaluation and Selection Process
9 General Solicitation Terms
10 Contract Requirements
11 Submission Instructions
A-D Proposal Checklist, Cost Form, Certifications and Professional Services Agreement
1. CITY BACKGROUND AND OBJECTIVES
1.1 City Background
San Juan Bautista is a California general law city located in San Benito County. The City is governed by a five-member City Council and operates with a lean municipal staff. The City provides water and wastewater utility services and relies on a combination of City employees, consultants, intergovernmental agreements, and contracted services to deliver municipal services, including public safety, engineering, planning, building, and other specialized functions.
The community includes a nationally recognized historic mission, a state historic park, a historic downtown, residential neighborhoods, local businesses, agricultural surroundings, tourism activity, public facilities, parks, and ongoing infrastructure and land-use needs. These characteristics create a varied municipal legal workload requiring responsive general counsel and access to specialized expertise when necessary.
1.2 Procurement Objectives
Through this RFP, the City intends to select a law firm or attorney that will:
• Provide clear, timely, practical, and legally sound advice to the City Council, City Manager, City Clerk, department heads, boards, commissions, and authorized staff; • Build a collaborative working relationship while maintaining independent professional judgment and the City Attorney's ethical duties;
• Provide solution-oriented legal advice that identifies risk while also developing legally defensible options and practical pathways for accomplishing the City’s objectives; • Maintain continuity through a designated City Attorney, qualified deputy or backup attorneys, and a disciplined matter-management system;
• Control legal costs through appropriate staffing, efficient work allocation, transparent billing, budgets, and early communication concerning material cost changes;
• Provide reliable attendance and support for public meetings, urgent matters, litigation, transactional work, and day-to-day municipal operations;
• Complete an orderly transition from outgoing counsel and preserve the confidentiality, integrity, and accessibility of City legal files.
• Develop and maintain institutional knowledge of the City’s organization, policies, significant agreements, infrastructure projects, regulatory obligations, pending matters, and history relevant to effective representation.
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1.3 Nature of the Engagement
The City anticipates appointing one individual as City Attorney. Proposals from law firms must identify the individual proposed for that appointment and the attorneys who will provide deputy, backup, and specialized services. The City expects most routine work and most public-meeting attendance to be performed by the designated City Attorney or an approved deputy City Attorney.
The City does not guarantee a minimum number of hours, matters, meetings, or fees. Work will fluctuate based on City operations, development activity, public meetings, claims, litigation, projects, emergencies, and other needs.
2. PROCUREMENT SCHEDULE AND COMMUNICATIONS
2.1 Tentative Schedule
Milestone Tentative Date
RFP issued SEPTEMBER 21, 2026
Deadline for written questions OCTOBER 19, 2026
City responses/addenda posted OCTOBER 30, 2026
Proposals due NOVEMBER 30, 2026
Initial evaluation completed DECEMBER 15, 2026
Interviews, if conducted WEEK OF JANUARY 4, 2027
Identification of preferred
proposer/commencement of negotiations JANUARY 11, 2027
Council consideration and appointment JANUARY 19, 2027
The City may amend this schedule, cancel the solicitation, extend deadlines, request additional information, or modify the selection process by written notice or addendum.
2.2 Designated Contact and Questions
All communications regarding this RFP must be directed to the City's designated contact identified below.
Proposers must not contact individual Councilmembers, commissioners, or other City personnel regarding this solicitation except as expressly authorized in writing.
Designated contact ASHLEY COLLICK, CITY MANAGER
Email [email protected]
Question deadline OCTOBER 19, 2026
Questions must be submitted in writing. The City may consolidate questions and issue written responses. Only written addenda issued by the City modify this RFP. Proposers are responsible for checking the City's website or designated posting location for addenda before submitting a proposal.
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3. SCOPE OF SERVICES
The selected City Attorney will provide comprehensive municipal legal services. The following scope describes anticipated areas of work but is not exhaustive. The City may assign related legal services consistent with the final agreement and the selected firm's qualifications.
3.1 General Municipal Counsel
• Advise the City Council, City Manager, City Clerk, department heads, authorized staff, boards, commissions, and committees on municipal authority, procedure, governance, ethics, conflicts, due process, and legal risk.
• Provide oral and written legal opinions and practical recommendations. • Review or prepare ordinances, resolutions, staff reports, policies, procedures, administrative rules, notices, forms, and other municipal documents.
• Assist with interpretation and enforcement of the San Juan Bautista Municipal Code and other applicable laws.
• Assist the City with a comprehensive review and modernization of the San Juan Bautista Municipal Code, including identification of outdated, inconsistent, duplicative, or legally deficient provisions; prioritization of amendments; preparation of ordinances and code revisions; and coordination with City staff and the City’s code publisher as necessary.
• Advise regarding governmental immunities, claims, records retention, confidentiality, privileges, and risk management.
3.2 Public Meetings, Transparency, and Governance
• Attend regular and special City Council meetings and closed sessions, in person unless the City authorizes remote attendance.
• Attend Planning Commission and other board, commission, committee, or staff meetings when requested. • Advise on the Ralph M. Brown Act, California Public Records Act, Political Reform Act, Government Code section 1090, due process, public hearing procedures, conflicts of interest, and parliamentary or procedural matters.
• Review agenda materials and identify legal issues sufficiently in advance of meetings, with the goal of resolving or flagging legal concerns before agenda publication whenever reasonably practicable and consistent with the City’s agenda-production schedule.
• Provide training to officials and staff on governance, ethics, records, meetings, and other legal compliance topics.
3.3 Land Use, Planning, Housing, and Environmental Law
• Advise on general plans, zoning, subdivisions, development agreements, conditions of approval, variances, use permits, housing law, density bonus law, accessory dwelling units, historic resources, code amendments, and land-use entitlements.
• Advise on the California Environmental Quality Act, including review of notices, exemptions, environmental documents, findings, mitigation measures, and administrative records. • Support public hearings, appeals, enforcement, and litigation involving land use, development, housing, environmental review, and historic preservation.
• Advise regarding state housing mandates, regional planning obligations, and related compliance.
3.4 Contracts, Public Works, Utilities, Real Property, and Municipal Finance • Draft, review, and negotiate professional services agreements, construction and public works contracts, purchase agreements, leases, licenses, franchises, joint powers agreements, memoranda of understanding, grants, easements, encroachments, and intergovernmental agreements.
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• Advise regarding procurement, competitive bidding, prevailing wage, public contracting, change orders, claims, project delivery, and contractor disputes.
• Advise on water and wastewater utility operations, rates, capacity charges, service rules, infrastructure, regulatory compliance, Proposition 218 and Proposition 26 issues, and state and federal regulatory requirements applicable to municipal utility and infrastructure projects. • Assist with real-property acquisition, disposition, leasing, dedications, rights-of-way, easements, abandonment, eminent domain, and title or access issues. • Advise regarding taxes, fees, assessments, liens, cost recovery, municipal finance, debt, grants, special districts, and ballot measures.
3.5 Labor, Employment, and Personnel
• Advise on personnel policies, employee discipline, investigations, leaves, disability accommodation, discrimination, harassment, wage-and-hour issues, workplace safety, workers' compensation coordination, labor relations, bargaining, and employment agreements. • Review sensitive personnel matters and support closed-session discussions consistent with applicable law. • Assist with administrative hearings, grievances, appeals, and employment-related claims or litigation. • Provide preventive training and legal updates to management and staff.
3.6 Code Enforcement, Public Safety, and Regulatory Matters • Advise regarding municipal code enforcement, nuisance abatement, administrative citations, receiverships, warrants, liens, vehicle abatement, dangerous buildings, and judicial or administrative enforcement. • Review public-safety service agreements, emergency-management matters, law-enforcement and fireservice coordination, and related liability issues. • Advise on licensing, permits, special events, street vending, alcohol-related municipal issues, parks and facilities, and other local regulatory programs.
• Coordinate with prosecutors, outside agencies, consultants, and specialized counsel when authorized.
3.7 Litigation, Claims, Investigations, and Special Counsel • Evaluate claims and threatened litigation; advise regarding strategy, settlement, preservation of evidence, and risk exposure.
• Represent the City in litigation, administrative proceedings, writs, appeals, enforcement actions, and other contested matters when within the firm's approved assignment. • Coordinate with the City's risk pool, insurers, claims administrators, defense counsel, labor counsel, bond counsel, and other outside counsel.
• Recommend specialized counsel when a matter exceeds the firm's expertise, presents a conflict, or is more efficiently handled by another provider.
• Conduct or oversee legally sensitive investigations when requested and ethically permissible.
3.8 Elections, Legislation, and Intergovernmental Matters • Advise on elections, initiatives, referenda, recalls, vacancies, campaign-related municipal restrictions, ballot measures, and election procedures.
• Monitor significant legislation, regulations, Attorney General guidance, and court decisions affecting California local governments; proactively advise the City Manager and affected departments of material changes, compliance deadlines, and recommended actions; and provide periodic legal updates tailored to City operations.
• Support intergovernmental negotiations, regional partnerships, special-district matters, and agreements with county, state, federal, and local agencies.
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3.9 Legal Records, Matter Management, and Transition
• Maintain organized electronic matter files, including correspondence, advice, pleadings, agreements, research, deadlines, and final work product.
• Use matter numbers and descriptive billing entries that permit the City to understand the work performed and its cost.
• Provide a current matter list and status report at least monthly and whenever reasonably requested. • At commencement, coordinate an orderly transfer of active and closed matters from outgoing counsel. • At conclusion, promptly transfer City files and provide a transition memorandum identifying active matters, deadlines, risks, and recommended next steps, consistent with applicable law and ethical obligations.
• Maintain institutional knowledge in a manner that supports continuity when assigned attorneys change, including organized matter histories, key agreements, recurring legal issues, and significant City-specific background relevant to ongoing representation.
4. SERVICE DELIVERY AND PERFORMANCE EXPECTATIONS
4.1 Designated City Attorney and Key Personnel
• The proposal must identify the attorney proposed to serve as City Attorney and the primary deputy or backup attorney.
• The designated City Attorney is a key component of the City's selection. Replacement or material reassignment of key personnel will require advance written approval by the City. • The selected firm must maintain adequate backup coverage for vacations, illness, emergencies, conflicts, workload peaks, and specialized matters.
• Work should be assigned to the lowest-billing qualified professional consistent with quality, continuity, efficiency, and the City's direction.
4.2 Availability and Response Standards
Proposers must explain their service standards. At a minimum, the City expects:
• Urgent or time-sensitive matters: acknowledgment as soon as practicable and generally within the same business day;
• Routine inquiries: acknowledgment within one business day and a substantive response or estimated completion date generally within two business days;
• Meeting agenda review: timely completion coordinated with the City's agenda-production schedule; • Emergency availability: a defined method for contacting an attorney outside normal business hours when necessary;
• Proactive communication when an assignment may exceed the requested timeline or budget.
4.3 Meeting Attendance and Local Presence
The designated City Attorney or approved deputy must attend regular City Council meetings, special meetings, and closed sessions as requested. The City prefers in-person attendance for regular Council meetings unless remote attendance is authorized. The City may also request Planning Commission attendance, trainings, project meetings, and other meetings with staff.
The City desires regular, scheduled City Attorney office hours to facilitate direct access by the City Manager, department heads, and authorized staff; strengthen familiarity with City operations and ongoing matters; and address legal questions before they become more significant issues. Proposers should describe their ability to provide up to one regularly scheduled eight-hour workday per week dedicated to City business, whether in person, remote, or through a proposed hybrid arrangement. Proposers must separately identify the staffing and cost assumptions associated with this service.
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The proposal must identify the office location from which services will be provided, anticipated travel time, availability for in-person service, and any travel-time or mileage charges.
4.4 Budgeting, Billing, and Reporting
• Provide monthly itemized invoices organized by matter number, attorney or professional, date, task description, time, rate, amount, and reimbursable cost. • Avoid block billing. Descriptions must be sufficiently specific for meaningful review while preserving privilege and confidentiality.
• Provide matter budgets, phase budgets, or not-to-exceed estimates when requested, particularly for litigation, complex transactions, investigations, and significant projects. • Notify the City promptly of material changes in scope, risk, strategy, schedule, or projected cost. • Provide a monthly open-matter status report identifying responsible attorney, status, next steps, deadlines, risk, and budget information as appropriate.
• Participate in periodic performance and cost reviews with the City Manager or designee and in a formal annual performance review addressing responsiveness, communication, legal quality, staffing continuity, cost management, and progress on City priorities. Contract extensions will be subject to satisfactory performance and Council approval.
4.5 Technology, Confidentiality, and Information Security • Use secure and reliable systems for email, document exchange, remote meetings, electronic signatures, calendaring, and file retention.
• Protect attorney-client privileged, confidential, personnel, litigation, security, and personally identifiable information.
• Describe cybersecurity practices, access controls, backup procedures, business continuity, and incidentresponse protocols applicable to City information. • Notify the City promptly of any actual or suspected unauthorized access, disclosure, loss, or compromise of City information.
• Maintain City files in a manner that supports prompt transfer, public-records review, litigation hold obligations, and continuity of representation.
5. MINIMUM QUALIFICATIONS
A proposal may be rejected as nonresponsive if the proposer does not demonstrate the following minimum qualifications:
1. The proposed City Attorney is an active member in good standing of the State Bar of California and is authorized to practice law in California.
2. The firm and proposed team possess substantial experience advising California cities or comparable local public agencies.
3. The proposed City Attorney has at least ten years of relevant legal experience, including significant California municipal-law experience. The City may consider an equivalent combination of experience and demonstrated capability.
4. The proposed team has demonstrated competence in the principal scope areas described in this RFP, including municipal governance, public meetings, public records, contracts, land use, CEQA, public works, employment, code enforcement, and litigation or litigation management.
5. The proposed team must demonstrate experience with municipal code modernization, recodification, or systematic code-update projects and with communicating significant changes in California municipal law to client agencies.
6. The firm can provide dependable backup coverage and access to specialized expertise without sacrificing continuity.
7. The firm can identify and appropriately manage conflicts of interest and has no conflict that would materially impair representation of the City.
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8. The firm can satisfy the City's insurance and contract requirements or clearly identify requested exceptions.
9. The proposer is able to commence services and complete the required transition on the schedule proposed by the City.
6. PROPOSAL CONTENT AND ORGANIZATION
Proposals should be concise, complete, and organized in the order below. Marketing materials may be included only when directly relevant. The main proposal should not exceed 35 single-sided pages, excluding the cover, table of contents, resumes, required forms, and separate cost proposal.
6.1 Cover Letter
• Identify the proposer and the individual authorized to bind the firm. • Confirm the proposer's interest, availability, and understanding of the engagement. • Identify the attorney proposed to serve as City Attorney. • State that the proposal will remain valid for at least 120 days after the due date. • Acknowledge all addenda.
6.2 Executive Summary
• Summarize the firm's qualifications, service approach, distinguishing strengths, proposed team, local availability, and overall value.
• Identify any material assumptions or limitations.
6.3 Firm Profile and Capacity
• Legal name, business address, office locations, ownership form, year established, and number of attorneys and support staff.
• Office from which City services will primarily be performed. • Organizational structure, areas of practice, municipal-client workload, and capacity to accept the engagement.
• Description of the firm's quality-control, supervision, continuity, and backup-coverage practices.
6.4 Proposed City Attorney and Legal Team
• Name, title, office location, California Bar number, admission date, current status, education, relevant certifications, professional affiliations, and resume for each proposed attorney. • Specific role, estimated level of participation, municipal clients, public-meeting commitments, and availability for the City.
• Relevant experience in each major scope area and examples of comparable assignments. • Identify attorneys or other professionals who may perform specialized, litigation, research, paralegal, or administrative work.
• Explain how the firm will maintain continuity and how substitutions will be managed. • Provide a Legal Expertise Matrix identifying the primary and backup attorney for each practice area listed below, years of relevant experience, office location, and proposed billing rate. The matrix should cover at least: Brown Act/Public Records Act/governance; Political Reform Act/FPPC/section 1090; land use/planning; CEQA/environmental; code enforcement; public works/contracts; water/wastewater/Proposition 218; labor and employment; litigation/risk; municipal code modernization; and state/federal regulatory matters affecting municipal infrastructure.
6.5 Relevant Municipal Experience
• Describe recent work for California cities or comparable local agencies.
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• Provide representative examples involving general municipal counsel, Brown Act, Public Records Act, land use, CEQA, public works, utilities, employment, code enforcement, contracts, public safety, municipal finance, elections, and litigation.
• Identify experience representing small cities with limited internal staffing and substantial contract-service relationships.
• Describe any experience relevant to historic communities, tourism, municipal utilities, special districts, regional partnerships, or intergovernmental service agreements. • Describe experience conducting comprehensive municipal code reviews, recodification projects, or systematic code updates for California cities, including the approach used to prioritize and manage a multiyear modernization effort. • Describe experience advising on state and federal regulatory requirements affecting municipal infrastructure, utilities, public works, grants, or interagency projects.
6.6 Service Delivery Approach
• Describe how the firm will provide day-to-day advice, manage assignments, triage urgent matters, review agendas, attend meetings, communicate status, and control cost. • Provide proposed response-time standards and emergency-contact procedures. • Explain how the firm will determine when to use the City Attorney, a deputy, an associate, a paralegal, or specialized counsel.
• Describe the proposed process for legal intake, prioritization, matter tracking, deadlines, monthly reports, budgets, and invoice review.
• Describe in-person availability, remote-work practices, travel, technology, and the proposed approach to regular City Attorney office hours, including frequency, whether services would be in person, remote, or hybrid, which attorney would provide them, and associated cost assumptions. • Describe how the firm identifies significant changes in California municipal law and communicates actionable legal and legislative updates to City management and affected departments. • Describe how the firm will develop, document, and preserve institutional knowledge of San Juan Bautista so that continuity is maintained over the life of the engagement.
6.7 Transition Plan
• Provide a detailed plan for the first 30, 60, and 90 days. • Address file transfer, privilege, matter inventory, deadlines, litigation, contracts, pending advice, openrecords issues, and coordination with outgoing counsel. • Identify information and assistance required from the City. • Describe how the proposer will minimize disruption and establish working relationships with the Council and staff.
6.8 Conflicts of Interest and Independence
• List current and former clients within the last five years that have a substantial property, business, regulatory, contractual, or adversarial interest involving the City. • List current public-agency clients and identify foreseeable conflicts, including overlapping meeting schedules or regional matters.
• Describe the firm's conflict-checking procedures and proposed method for addressing actual or potential conflicts.
• Disclose any relationship that could reasonably be perceived as affecting independence or professional judgment.
• Do not assume that a future waiver will be granted.
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6.9 Claims, Litigation, Discipline, and Professional Responsibility Disclosures • Disclose material malpractice claims, lawsuits, arbitration, settlements, or professional-liability claims involving the firm or proposed team during the last five years. • Disclose public discipline or currently pending public disciplinary proceedings involving proposed attorneys, to the extent legally disclosable.
• Disclose contract terminations for cause or material performance disputes involving public-agency clients during the last five years.
• Explain the circumstances, status, outcome, and corrective action for each disclosed matter.
6.10 References
• Provide three to five references from California local public agencies for which the proposed City Attorney or key team members performed comparable work within the last five years. • For each reference, provide the agency, services, dates, lead attorney, contact name, title, email, and telephone number.
• The City may contact any listed or known client and may independently verify information.
6.11 Exceptions and Requested Contract Revisions
• Identify every requested exception to this RFP, the City's standard professional services agreement, insurance requirements, indemnity provisions, or other anticipated terms. • Provide proposed replacement language and the business or legal reason for the request. • Failure to identify an exception may be treated as acceptance of the requirement. Excessive or material exceptions may reduce the proposal's score or result in rejection.
6.12 Cost Proposal
• Submit the cost proposal as a separate electronic file labeled COST PROPOSAL - [FIRM NAME]. • Use Appendix B and provide all requested supporting details. • Do not include pricing in the main technical proposal except for a general description of the proposed fee structure.
7. COST PROPOSAL INSTRUCTIONS
The City will evaluate cost as one component of overall best value. The cost proposal must be complete and must identify all rates, retainers, minimums, assumptions, exclusions, reimbursable costs, and escalation provisions. Proposers may offer more than one pricing alternative.
7.1 Required Pricing Information
• Hourly billing rates for the proposed City Attorney, deputies, partners, counsel, associates, paralegals, law clerks, investigators, and other billable personnel;
• Any monthly retainer, flat fee, blended rate, meeting package, or hybrid arrangement, with a precise description of included and excluded services;
• Rates for litigation, labor and employment, investigations, land use, CEQA, public finance, code enforcement, or other specialized work if different from general rates; • Rates or treatment for travel time, waiting time, after-hours work, emergency work, and attendance by more than one attorney;
• Reimbursable costs and any markup. Ordinary office overhead, word processing, routine electronic research, local telephone charges, standard postage, and administrative time should be included in professional rates unless expressly stated otherwise;
• Mileage and travel charges, including geographic areas for which mileage will not be charged; • Proposed annual rate adjustments. Rates should remain fixed for the first 12 months. Any later increase will require City approval and should not exceed the lesser of the applicable CPI-U change or five percent unless the City expressly approves otherwise;
• Any proposed discounts, public-agency rates, volume adjustments, or not-to-exceed amounts; Page | 12
• A sample monthly invoice showing the level of detail the City would receive. • Separate pricing for the proposed weekly City Attorney office-hours model, including the attorney expected to provide the service, whether travel time is billed, and any minimum commitment or retainer assumptions.
7.2 Pricing Assumptions
State all assumptions used to prepare the cost proposal. The City prefers transparent pricing that allows comparison across firms. Ambiguous, conditional, or materially incomplete pricing may reduce the proposal's score.
8. EVALUATION AND SELECTION PROCESS
8.1 Responsiveness Review
City staff will review proposals for timely submission, required content, minimum qualifications, and material responsiveness. The City may reject incomplete or nonresponsive proposals or may waive minor irregularities when in the City's interest.
8.2 Written Proposal Evaluation
No. Evaluation Criterion Points
1 Qualifications and relevant municipal experience 25
2 Proposed City Attorney and legal team 25
3 Service delivery, responsiveness, continuity, and transition approach 25
4 References, conflicts, disclosures, and demonstrated
professional judgment 10
5 Cost, fee transparency, and overall value 10
6 Clarity, completeness, and responsiveness of proposal 5 TOTAL 100
8.3 Interviews and Additional Information
Following staff evaluation and ranking of responsive proposals, the results and recommended finalists will be presented to the City Council. The City Council will determine the firms to be invited to finalist interviews.
Finalist interviews will be conducted by the full City Council and evaluated as a separate 50-point phase.
Interviews may include judgment, communication, solution-oriented problem-solving, municipal-law expertise, staffing, availability, conflicts, hypothetical municipal issues, office-hours approach, institutional knowledge, transition, cost management, and the working relationship with the City Council and staff. The City may request presentations, writing samples, supplemental disclosures, revised pricing, best-and-final offers, or contract discussions.
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Staff may conduct reference checks, State Bar status checks, conflict reviews, background verification, and other due diligence before or after interviews. Final evaluation may consider both the written-proposal score and the separately scored City Council interview results, together with verified references, conflicts, contract exceptions, and other due diligence relevant to the City’s best interests.
No. Interview Criterion Points
1 Judgment, practical problem solving,
and solution-oriented legal approach 15
2 Communication, responsiveness,
accessibility, and working relationship 10
3 Municipal-law expertise and application
to City scenarios 10
4 Proposed staffing, continuity, officehours model, and institutional knowledge
10 5 Transition approach, cost awareness,
and overall fit 5
TOTAL 50
8.4 Final Selection and Appointment
The City may negotiate with the highest-ranked proposer or with more than one proposer. If negotiations are unsuccessful, the City may discontinue negotiations and proceed to another proposer. Final selection, appointment of the City Attorney, and approval of the professional services agreement are subject to City Council action at a duly noticed public meeting.
The City reserves the right to consider any information it deems relevant to the City's best interests, including qualifications, trust, judgment, responsiveness, conflicts, proposed personnel, cost, references, interview performance, and contract terms.
9. GENERAL SOLICITATION TERMS
9.1 City Rights
The City may amend, suspend, cancel, reissue, or terminate this RFP; reject any or all proposals; waive minor irregularities; request clarification or additional information; negotiate with one or more proposers; make a partial or multiple award; or decide not to award a contract. Issuance of this RFP does not commit the City to award or pay any cost.
9.2 Proposal Preparation Costs
All costs of preparing, submitting, presenting, negotiating, and contracting are the proposer's responsibility.
The City will not reimburse such costs.
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9.3 Public Records and Confidential Information
Proposals and related records may be subject to disclosure under the California Public Records Act. Proposers must clearly identify material claimed to be exempt and state the legal basis for the claim. Blanket designations such as “confidential” are discouraged and may not be honored. The City will determine disclosure obligations under applicable law and does not guarantee confidentiality.
9.4 Proposal Ownership
Proposals and materials submitted become City records and will not be returned. Copyrighted material remains subject to applicable law, but the proposer grants the City the right to use proposal content for evaluation, contracting, administration, and public-agency purposes.
9.5 Addenda and Interpretations
Only written addenda issued by the City are binding. Oral statements, informal interpretations, and information from unauthorized persons do not modify this RFP.
9.6 No Improper Contacts or Lobbying
From issuance through final Council action, proposers must not attempt to influence the procurement through unauthorized contact with Councilmembers, commissioners, employees, consultants, or evaluators. This restriction does not prohibit participation in public meetings or communications expressly authorized by the City.
9.7 Collusion and Ethical Conduct
By submitting a proposal, the proposer certifies that the proposal was independently prepared without collusion and that no improper benefit, gift, or inducement has been offered. The proposer must comply with applicable ethics, conflict, anti-fraud, and professional-responsibility requirements.
9.8 Proposal Modification or Withdrawal
A proposer may modify or withdraw its proposal by written notice received before the submission deadline.
After the deadline, proposals may not be withdrawn except with the City's written consent.
9.9 Protest Procedure
A proposer wishing to protest an intended award must submit a detailed written protest to the City Manager within five business days after the City issues notice of intended selection. The protest must state the specific factual and legal grounds and include supporting documents. Challenges to the professional judgment or relative weighting of evaluation criteria will not, by themselves, establish grounds for protest. The City may proceed with the procurement while a protest is considered.
9.10 Governing Law and Venue
This solicitation and any resulting agreement will be governed by California law. Venue for disputes will lie in San Benito County unless otherwise required by law or agreed in writing.
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10. CONTRACT REQUIREMENTS
The selected proposer will be required to execute a professional services agreement acceptable to the City. The following summarizes anticipated requirements. The final agreement will control.
10.1 Contract Term
The anticipated initial term is two years, with up to three optional one-year extensions exercisable by the City, subject to Council approval, satisfactory performance, funding, and mutually acceptable compensation. The City anticipates conducting a formal performance review at least annually, and no extension is guaranteed.
10.2 Appointment and Representation
The City Council will appoint the designated individual as City Attorney. The attorney and firm represent the City as an entity and not individual Councilmembers, officers, employees, or agents in their personal capacities unless separately authorized and ethically permissible.
10.3 Key Personnel
The City may approve or reject proposed key personnel and may require replacement of personnel whose performance, availability, communication, or conduct is unsatisfactory. Material substitutions require advance written approval.
10.4 Independent Contractor
The selected firm and its personnel will act as independent contractors and not City employees. The firm is responsible for compensation, taxes, benefits, supervision, licensing, and employment obligations for its personnel.
10.5 Insurance
Before commencing work, the selected firm must provide insurance acceptable to the City, anticipated to include professional liability/errors and omissions of not less than $1,000,000 per claim and $2,000,000 aggregate; commercial general liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate; automobile liability of not less than $1,000,000 combined single limit when applicable; and workers' compensation as required by law with employer's liability of not less than $1,000,000. Requirements are subject to the City's standard agreement and risk review.
10.6 Indemnification
The agreement will include indemnification and defense provisions appropriate for professional legal services and consistent with applicable law and the City's standard contract requirements.
10.7 Licenses and Professional Standing
All attorneys performing legal services must remain duly licensed and in good standing. The firm must promptly notify the City of any change that could affect eligibility, availability, professional standing, insurance, or ability to perform.
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10.8 Conflicts and Waivers
The firm must perform ongoing conflict checks and promptly disclose actual or potential conflicts. No conflict waiver is effective unless approved in writing by an authorized City representative after consultation as appropriate. The City is not obligated to grant a waiver.
10.9 Subcontractors and Special Counsel
The firm may not delegate material services or retain subcontractors or special counsel at City expense without advance written authorization. Approved outside services must be billed without markup unless expressly approved.
10.10 Records, Work Product, and Transition
City matter files and work product prepared for the City will be maintained and transferred consistent with applicable law, ethical duties, privileges, confidentiality, and the agreement. The firm must cooperate in orderly transition at commencement and termination.
10.11 Billing and Audit
Invoices must comply with the RFP and agreement. The City may review supporting billing records, matter budgets, and reimbursable costs, subject to privilege and confidentiality. Disputed charges must be addressed promptly.
10.12 Termination
The agreement will recognize the City Council's appointing authority and will include termination provisions, transition obligations, final billing, file transfer, and cooperation with successor counsel. Proposers must identify any requested notice period or termination-related condition in their exceptions.
10.13 Non-Discrimination and Compliance With Law
The firm must comply with applicable federal, state, and local laws, including non-discrimination, accessibility, privacy, records, ethics, licensing, and professional-responsibility requirements.
11. SUBMISSION INSTRUCTIONS
11.1 Deadline and Delivery
Proposals must be received no later than the date and time stated on the cover page. Late submissions may be rejected. The proposer is responsible for confirming timely delivery and readable files.
Proposal due NOVEMBER 30, 2026 AT 5:00 P.M. PST
Submit to [email protected]
Email subject CITY ATTORNEY RFP - [FIRM NAME]
Technical proposal file CITY ATTORNEY PROPOSAL - [FIRM NAME].pdf Cost proposal file COST PROPOSAL - [FIRM NAME].pdf
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11.2 Required Files
• One searchable PDF containing the complete technical proposal and appendices, excluding cost; • One separate searchable PDF containing the cost proposal; • Any requested contract redline or exceptions in a separate PDF or editable Word file, if applicable; • Files should not be password protected unless the City gives prior written approval.
11.3 Submission Certification
Submission of a proposal constitutes the proposer's certification that the information is accurate, the signer is authorized, required disclosures have been made, the proposer has reviewed the RFP and addenda, and the proposer is prepared to negotiate and perform the proposed services.
APPENDIX A - PROPOSAL CHECKLIST
Include this checklist or an equivalent index with the technical proposal.
No. Required Item Included
1 Signed cover letter and authorized representative information ☐ 2 Acknowledgment of all addenda ☐
3 Executive summary ☐
4 Firm profile and capacity ☐
5 Proposed City Attorney, deputy/backup, team resumes, and Legal Expertise Matrix ☐
6 Relevant California municipal experience ☐
7 Service delivery, responsiveness, weekly office-hours, legislativeupdate, and institutional-knowledge approach ☐ 8 30/60/90-day transition plan ☐
9 Conflicts and independence disclosure ☐
10 Claims, litigation, discipline, and performance disclosures ☐ 11 At least five public-agency references ☐
12 Requested exceptions and proposed contract revisions ☐ 13 Appendix C certification ☐
14 Separate cost proposal using Appendix B ☐
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APPENDIX B - COST PROPOSAL FORM
Submit separately
Complete this appendix and submit it as a separate file labeled COST PROPOSAL - [FIRM NAME]. Pricing must include all information necessary to understand and compare the proposed fee structure.
Firm name ____________________________________________________________ Proposed City Attorney ____________________________________________________________ Pricing option ☐ Hourly ☐ Monthly retainer ☐ Hybrid ☐ Other: __________ Proposal valid through ____________________________________________________________ B.1 Hourly Rates
Role / Name General Rate Specialized Rate Travel Rate
Proposed City Attorney $________ $________ $________
Deputy/backup City Attorney $________ $________ $________ Partner/counsel $________ $________ $________
Associate attorney $________ $________ $________
Paralegal/law clerk $________ $________ $________
Other billable professional $________ $________ $________ B.2 Retainer or Alternative Pricing
Monthly amount $________________________
Services included
Services excluded
Included hours or meetings
Overage or additional-work rates
B.3 Expenses and Adjustments
Item Proposed Treatment / Amount
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Item Proposed Treatment / Amount
Mileage rate and no-charge geographic area
Travel-time billing policy
Copying, postage, delivery, filing, and court costs
Electronic research and database charges
Outside vendors, experts, investigators, or special counsel Administrative, clerical, or file-management charges
Annual rate-adjustment formula and effective date
Other fees, minimums, surcharges, or assumptions
Weekly City Attorney office-hours model
B.4 Sample Monthly Cost
For evaluation only, estimate the monthly cost of the following hypothetical service mix. State all assumptions.
This scenario does not represent a commitment or guaranteed workload.
Hypothetical Service Quantity
General advice, document review, and staff consultation 20 attorney hours One regular City Council meeting, including preparation 6 attorney hours Planning/land-use and CEQA advice 6 attorney hours
Employment/personnel advice 4 attorney hours
Contract and public-works review 6 attorney hours
Paralegal or law-clerk support 4 hours
Estimated professional fees $________________________
Estimated reimbursable expenses $________________________ Estimated total $________________________
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APPENDIX C - DISCLOSURE AND CERTIFICATION
Complete and sign this certification. Attach additional pages when necessary.
Legal name of proposer ____________________________________________________________ Business address ____________________________________________________________ Authorized representative ____________________________________________________________ Title ____________________________________________________________ Email / telephone ____________________________________________________________ ☐The proposer has reviewed the RFP and all addenda and has provided complete and accurate information to the best of the signer's knowledge.
☐ The signer is authorized to submit the proposal and bind the proposer during negotiations and contract execution.
☐ The proposal was independently prepared without collusion, fraud, or improper influence. ☐ All actual or potential conflicts known after reasonable inquiry have been disclosed, and the proposer will promptly disclose newly identified conflicts.
☐ All material claims, litigation, discipline, terminations, and professional-responsibility matters required by the RFP have been disclosed.
☐ The proposed attorneys are licensed and authorized to practice as represented, and the proposer will promptly report any material change in professional standing or ability to perform. ☐ The proposer understands that proposal materials may be public records and that confidentiality is not guaranteed.
☐ The proposer can satisfy the stated insurance and contract requirements except as expressly identified in the proposal.
☐ The proposal will remain valid for at least 120 days after the proposal deadline.
Signature Date
________________________________ ________________________________ Printed name Title
________________________________ ________________________________ Page | 21
APPENDIX D - PROFESSIONAL SERVICES AGREEMENT
CITY OF SAN JUAN BAUTISTA
PROFESSIONAL SERVICES AGREEMENT
CITY ATTORNEY AND MUNICIPAL LEGAL SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into as of ____________, 20__ ("Effective Date"), by and between the CITY OF SAN JUAN BAUTISTA, a California general law city ("City"), and ________________________________, a ________________________________ ("Firm"). City and Firm may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. The City requires comprehensive City Attorney and municipal legal services to advise and represent the City Council, City Manager, City Clerk, departments, boards, commissions, committees, and authorized staff in matters arising under California municipal law and related federal, state, and local law.
B. The City issued a competitive Request for Proposals for City Attorney and Municipal Legal Services ("RFP") and evaluated proposals based on qualifications, proposed personnel, responsiveness, service approach, municipal experience, continuity, cost, and overall value.
C. Firm submitted a proposal dated ____________ ("Proposal") and represented that it possesses the experience, personnel, professional qualifications, capacity, and resources necessary to perform the services described in this Agreement.
D. On ____________, the City Council selected Firm and appointed ________________________________ to serve as City Attorney, subject to the terms of this Agreement and applicable law.
NOW, THEREFORE, in consideration of the mutual covenants and conditions stated below, the Parties agree as follows:
1. APPOINTMENT; REPRESENTATION OF THE CITY
1.1 Appointment. The City Council appoints ________________________________ ("Designated City Attorney") to serve as City Attorney. The Designated City Attorney is a key person under this Agreement and shall serve at the pleasure of the City Council, subject to the termination provisions of this Agreement and applicable law.
1.2 Client. Firm represents the City of San Juan Bautista as a municipal entity. Unless separately authorized in writing and ethically permissible, Firm does not represent any individual Councilmember, officer, employee, consultant, volunteer, board member, commissioner, or agent in that person’s individual capacity.
1.3 Professional Independence. Firm shall exercise independent professional judgment and comply with all duties imposed by the California Rules of Professional Conduct, the State Bar Act, and other applicable law governing attorneys and the attorney-client relationship.
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2. SCOPE OF SERVICES
2.1 General Scope. Firm shall provide comprehensive City Attorney and municipal legal services as described in Exhibit A, incorporated by reference. The scope includes routine general counsel services and specialized legal services as authorized by the City.
2.2 Authorized Direction and Coordination. The City Council establishes policy direction and retains authority over the appointment and performance evaluation of the City Attorney. The City Manager shall serve as the primary administrative contact for the Firm and shall coordinate day-to-day legal assignments, priorities, service delivery, and communications on behalf of the City. Other City officers, employees, or consultants may request legal services when authorized by the City Manager or City Council. Nothing in this section limits the City Attorney's professional independence or responsibility to the City Council or the City as the organizational client.
2.3 Practical and Solution-Oriented Advice. Firm shall provide clear, timely, practical, and legally sound advice. When identifying legal risk or a legal constraint, Firm should, when reasonably possible, identify lawful and operationally practical alternatives for accomplishing the City’s underlying objective.
2.4 No Guarantee of Work. City does not guarantee a minimum number of hours, matters, meetings, assignments, or fees. Work will vary according to City operations, projects, development activity, claims, litigation, personnel matters, emergencies, and other needs.
3. TERM; EXTENSIONS; PERFORMANCE REVIEW
3.1 Initial Term. The initial term of this Agreement shall begin on the Effective Date and continue for two (2) years unless earlier terminated in accordance with this Agreement.
3.2 Optional Extensions. The City may extend the Agreement for up to three (3) additional one-year periods by written amendment approved by the City Council, subject to satisfactory performance, available funding, mutually acceptable compensation, and any other terms approved by the City.
3.3 Performance Review. The City Council will conduct performance reviews annually of the Designated City Attorney. They may evaluate responsiveness, quality of advice, communication, availability, continuity, meeting support, institutional knowledge, and other performance expectations. Any extension may be conditioned on satisfactory performance.
4. KEY PERSONNEL; STAFFING; CONTINUITY
4.1 Key Personnel. The Designated City Attorney and primary Deputy/Backup City Attorney identified in Exhibit A are material to the City’s selection. Firm shall not materially reassign or replace key personnel without prior written approval of the City.
4.2 Backup Coverage. Firm shall maintain qualified backup coverage for vacations, illness, emergencies, conflicts, workload peaks, and specialized matters. If the Designated City Attorney is unavailable, an approved deputy or other qualified attorney shall be available to protect the City’s interests and maintain continuity.
4.3 Efficient Staffing. Firm shall assign work to the lowest-billing qualified professional consistent with quality, continuity, efficiency, professional responsibility, and City direction. Firm shall avoid unnecessary duplication of attorney attendance or review.
4.4 Institutional Knowledge. Firm shall develop and maintain an understanding of the City’s organizational structure, policies, significant agreements, infrastructure projects, regulatory obligations, pending matters, and institutional history relevant to effective representation. Firm shall maintain systems that preserve this knowledge and facilitate continuity among assigned attorneys.
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5. AVAILABILITY; RESPONSE STANDARDS; OFFICE HOURS
5.1 Urgent Matters. Firm shall acknowledge urgent or time-sensitive matters as soon as practicable and generally within the same business day.
5.2 Routine Matters. Firm shall acknowledge routine inquiries within one (1) business day and generally provide a substantive response, requested work product, or an estimated completion date within two (2) business days, unless the nature or complexity of the assignment reasonably requires additional time.
5.3 Proactive Communication. Firm shall promptly advise the City when an assignment may exceed the requested timeline, approved budget, or expected scope, and shall identify recommended next steps.
5.4 Emergency Availability. Firm shall maintain a reliable method for the City Manager and other authorized officials to reach an attorney outside normal business hours when reasonably necessary to protect the City’s interests.
5.5 Regular Office Hours. Firm shall provide regular scheduled City Attorney office hours in accordance with Exhibit A. Unless otherwise agreed, the service model will include up to one eight-hour workday per week available for City business, which may be provided in person, remotely, or through an approved hybrid arrangement. The Designated City Attorney or approved deputy shall use these office hours for staff consultations, document review, meetings, training, matter follow-up, and other authorized City business.
6. PUBLIC MEETINGS; AGENDA REVIEW; TRAINING
6.1 Council Meetings. The Designated City Attorney or approved deputy shall attend regular and special City Council meetings and closed sessions as requested by the City. Regular Council meetings are expected to be attended in person unless the City authorizes remote attendance.
6.2 Other Meetings. Firm shall attend Planning Commission, board, commission, committee, staff, project, interagency, or other meetings when requested.
6.3 Agenda Review. Firm shall coordinate with City staff regarding agenda production and shall review agenda materials and identify legal issues sufficiently in advance of publication whenever reasonably practicable.
6.4 Training. Firm shall provide periodic training or briefings on the Brown Act, Public Records Act, ethics and conflicts, land use, CEQA, code enforcement, employment, contracting, records, and other legal topics affecting City operations as requested.
7. LEGISLATIVE AND LEGAL UPDATES
Firm shall monitor significant new legislation, regulations, Attorney General guidance, and court decisions affecting California local government and shall proactively advise the City Manager and affected departments of material changes, compliance deadlines, and recommended actions. General client alerts alone shall not satisfy this requirement when a change materially affects City operations and individualized guidance is reasonably necessary.
8. MUNICIPAL CODE REVIEW AND MODERNIZATION
As authorized by the City, Firm shall assist with a comprehensive review and modernization of the San Juan Bautista Municipal Code. Services may include identifying outdated, inconsistent, duplicative, or legally deficient provisions; prioritizing amendments; preparing ordinances and code revisions; coordinating departmental review; and working with the City’s code publisher or other service providers.
Any significant code modernization project may be phased or separately budgeted by mutual agreement.
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9. COMPENSATION; BILLING; COST CONTROL
9.1 Compensation. City shall compensate Firm in accordance with the rates and fee structure in Exhibit B.
No other rate, retainer, minimum, surcharge, or fee shall apply unless expressly stated in Exhibit B or approved in writing by the City.
9.2 Rate Adjustments. Rates shall remain fixed for the first twelve (12) months. Thereafter, any increase is subject to City approval and shall not exceed the lesser of the applicable CPI-U increase or five percent (5%) unless the City Council expressly approves otherwise.
9.3 Monthly Invoices. Firm shall submit itemized monthly invoices organized by matter number and identifying the professional, date, task description, time, rate, amount, and reimbursable cost. Firm shall avoid block billing and shall provide sufficient detail for meaningful review while preserving privilege and confidentiality.
9.4 Matter Budgets. Upon request, Firm shall provide matter budgets, phase budgets, not-to-exceed estimates, or cost forecasts for litigation, investigations, transactions, public works matters, land-use matters, code enforcement, or other significant assignments.
9.5 Reimbursable Costs. Reimbursable expenses shall be limited to those expressly identified in Exhibit B and actually incurred. Ordinary office overhead, clerical time, word processing, routine electronic research, local telephone charges, and standard administrative expenses shall not be separately billed unless expressly authorized in Exhibit B.
9.6 Payment. Undisputed invoices are payable in accordance with the City’s normal accounts-payable procedures. The City may request clarification or supporting records for invoiced amounts, subject to attorney-client privilege and other applicable protections.
10. MATTER MANAGEMENT; REPORTING; RECORDS
10.1 Matter Management. Firm shall maintain organized electronic matter files containing, as applicable, correspondence, advice, pleadings, agreements, research, key deadlines, and final work product.
10.2 Status Reports. Firm shall provide a current open-matter list and status report at least monthly and whenever reasonably requested. Reports should identify the responsible attorney, status, next steps, key deadlines, material risk, and budget information when appropriate.
10.3 City Files. Subject to applicable law, ethical obligations, privilege, and retention requirements, City matter files and work product prepared for the City shall be maintained so they can be promptly transferred to the City or successor counsel upon request or termination.
10.4 Public Records and Litigation Holds. Firm shall maintain records in a manner that reasonably supports the City’s obligations concerning public records, litigation holds, discovery, confidentiality, and records retention.
11. CONFIDENTIALITY; INFORMATION SECURITY
11.1 Confidentiality. Firm shall protect attorney-client privileged, confidential, personnel, litigation, security-sensitive, and personally identifiable information in accordance with applicable law and professional obligations.
11.2 Information Security. Firm shall maintain reasonable administrative, technical, and physical safeguards for City information, including access controls, secure document exchange, backup, business continuity, and incident-response practices appropriate to the nature of the information handled.
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11.3 Security Incidents. Firm shall promptly notify the City Manager of any actual or suspected unauthorized access, disclosure, loss, or compromise of City information and shall cooperate with reasonable investigation and remediation efforts.
12. CONFLICTS OF INTEREST; WAIVERS
12.1 Conflict Checks. Firm shall conduct ongoing conflict checks and promptly disclose actual or potential conflicts that may affect representation of the City.
12.2 No Automatic Waiver. The City is not obligated to waive any conflict. No waiver is effective unless approved in writing by an authorized City representative after appropriate consultation and disclosure.
12.3 Regional and Adverse Matters. Firm shall promptly disclose representation of clients whose interests may be adverse to the City in regional, regulatory, contractual, transactional, litigation, land-use, utility, public works, or other matters in which the City has a material interest.
13. CLAIMS; LITIGATION; SPECIAL COUNSEL; OUTSIDE SERVICES
13.1 Litigation and Claims. Firm shall evaluate claims and threatened litigation, advise regarding strategy and settlement, coordinate preservation of evidence, and represent the City in contested matters when authorized and within Firm’s approved assignment.
13.2 Coordination. Firm shall coordinate as authorized with the City’s risk pool, insurers, claims administrator, defense counsel, labor counsel, bond counsel, consultants, and other outside counsel.
13.3 Special Counsel. Firm shall advise the City when a matter exceeds Firm’s expertise, presents a conflict, or would be more efficiently handled by specialized counsel. Firm shall not retain subcontractors, investigators, experts, or special counsel at City expense without prior written authorization. Approved outside services shall be billed without markup unless expressly approved.
14. INSURANCE
Before commencing services and throughout the term, Firm shall maintain insurance acceptable to the City, including: (a) professional liability/errors and omissions insurance of not less than $1,000,000 per claim and $2,000,000 aggregate; (b) commercial general liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate; (c) automobile liability of not less than $1,000,000 combined single limit when applicable; and (d) workers’ compensation as required by law with employer’s liability of not less than $1,000,000. Specific insurance requirements may be stated in Exhibit C. The City may approve reasonable modifications based on risk review.
15. INDEMNIFICATION
To the fullest extent permitted by law and consistent with obligations applicable to professional legal services, Firm shall indemnify, defend, and hold harmless the City and its officers, officials, employees, and agents from and against claims, damages, losses, liabilities, and expenses arising from the negligent acts, errors, omissions, recklessness, or willful misconduct of Firm or persons for whom Firm is legally responsible in the performance of this Agreement. The Parties acknowledge that any defense obligation for professional negligence shall be interpreted and applied consistent with applicable California law.
16. INDEPENDENT CONTRACTOR
Firm and its personnel are independent contractors and not employees of the City. Firm is solely responsible for compensation, payroll taxes, benefits, supervision, licensing, and employment obligations for its personnel. Nothing in this Agreement creates a partnership, joint venture, or employment relationship between the Parties.
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17. TERMINATION; TRANSITION
17.1 Termination by City. The City may terminate this Agreement, with or without cause, upon sixty (60) days’ prior written notice to Firm, unless the City Council approves a shorter notice period in a written amendment or termination agreement.
17.2 Termination by Firm. Firm may terminate this Agreement upon sixty (60) days’ prior written notice to the City, subject to applicable professional obligations and any requirements concerning withdrawal from representation.
17.3 Immediate Action for Cause or Ethical Necessity. Nothing in this Agreement limits the City’s authority to take immediate action concerning the appointment of the City Attorney or key personnel when permitted by law, or limits Firm’s professional obligations when continued representation is prohibited or otherwise governed by ethical rules.
17.4 Transition Duties. During any notice or transition period, Firm shall continue to provide services reasonably necessary to protect the City’s interests and shall cooperate in an orderly transfer of active matters, files, deadlines, litigation, pending advice, agreements, institutional knowledge, and responsibilities to the City or successor counsel.
17.5 Final Billing and Files. Firm shall promptly submit final invoices and transfer City files and work product upon termination, subject to applicable law, privilege, ethical obligations, and any lawful lien rights. Firm shall provide a transition memorandum identifying active matters, key deadlines, risks, responsible personnel, and recommended next steps.
18. STANDARD OF PERFORMANCE; COMPLIANCE WITH LAW
Firm shall perform services with the skill, care, diligence, and professional competence ordinarily exercised by qualified California municipal attorneys performing similar services. Firm and all attorneys providing services shall remain duly licensed and in good standing and shall comply with applicable federal, state, and local law and professional-responsibility requirements.
19. NOTICES
All formal notices under this Agreement shall be in writing and delivered personally, by nationally recognized overnight delivery service, or by certified mail, return receipt requested, to the addresses below. Courtesy copies may also be provided by email.
CITY: FIRM:
City Manager
City of San Juan Bautista
311 Second Street │P.O. Box 1420
San Juan Bautista, CA 95045
Email: [email protected]
[Firm Name]
Attn: [Name / Title]
[Address]
[City, State ZIP]
Email: [Email]
20. ASSIGNMENT; DELEGATION
Firm may not assign this Agreement or delegate material responsibilities to another firm without prior written approval of the City. Internal assignment among approved Firm attorneys is permitted subject to the key-personnel, staffing, conflict, and continuity provisions of this Agreement.
21. OWNERSHIP AND USE OF WORK PRODUCT
Subject to applicable law, attorney-client privilege, ethical obligations, and rights in Firm’s pre-existing forms or proprietary practice materials, work product prepared specifically for the City in the course of Page | 27
representation shall be available for the City’s use and shall be included in City matter files. Firm may retain copies as required or permitted by law and professional obligations.
22. GENERAL PROVISIONS
22.1 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California.
Venue for any action arising from this Agreement shall lie in San Benito County unless otherwise required by law.
22.2 Entire Agreement. This Agreement, including its exhibits, the RFP, and the portions of Firm’s Proposal expressly incorporated by reference, constitutes the entire agreement between the Parties concerning the subject matter. In the event of conflict, the order of precedence shall be: (1) this Agreement; (2) Exhibit A; (3) Exhibit B; (4) Exhibit C; (5) the RFP; and (6) the Proposal, unless the City expressly agrees otherwise in writing.
22.3 Amendment. This Agreement may be amended only by a written instrument executed by authorized representatives of both Parties and approved as required by City law and policy.
22.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in effect to the maximum extent permitted by law.
22.5 Waiver. A waiver of any breach is not a waiver of any other or subsequent breach. No waiver is effective unless in writing.
22.6 Counterparts and Electronic Signatures. This Agreement may be executed in counterparts and by electronic or PDF signature, each of which shall be deemed an original and all of which together constitute one instrument.
22.7 Authority. Each person signing this Agreement represents that he or she is authorized to execute it on behalf of the Party identified below.
SIGNATURES
CITY OF SAN JUAN BAUTISTA [FIRM NAME]
By: ______________________________ By: ______________________________ Ashley Collick, City Manager Name: ____________________________ Date: ____________________________ Title: _____________________________ Date: _____________________________
Page | 28
EXHIBIT A
SCOPE OF SERVICES, KEY PERSONNEL, AND SERVICE DELIVERY
A.1 Designated Personnel
Designated City Attorney: ________________________________ Primary Deputy/Backup City Attorney: ________________________________ Additional approved attorneys/professionals: ________________________________ A.2 Core Municipal Legal Services
• General municipal counsel, governance, ethics, conflicts, due process, and legal-risk advice. • Brown Act, California Public Records Act, Political Reform Act, Government Code section 1090, public hearing procedure, elections, and transparency matters. • Preparation and review of ordinances, resolutions, staff reports, policies, procedures, notices, agreements, contracts, leases, licenses, forms, and other City documents. • Land use, planning, zoning, subdivisions, development agreements, housing law, historic resources, entitlements, CEQA, environmental review, and related litigation or administrative proceedings. • Public works, procurement, competitive bidding, prevailing wage, construction and consultant contracts, change orders, claims, infrastructure, easements, rights-of-way, encroachments, acquisition, disposition, and eminent domain.
• Water and wastewater utility matters, rates, fees, capacity charges, Proposition 218, Proposition 26, infrastructure, regulatory compliance, grants, and interagency agreements. • Labor, employment, personnel, investigations, discipline, leaves, disability accommodation, labor relations, discrimination, wage-and-hour, workplace safety, and employment agreements. • Code enforcement, nuisance abatement, administrative citations, liens, warrants, dangerous buildings, vehicle abatement, and other regulatory enforcement.
• Public safety, emergency management, fire and law-enforcement service agreements, claims, risk management, litigation, and coordination with insurers and claims administrators. • Legislative monitoring, legal updates, municipal code modernization, and training for elected officials and staff.
• Intergovernmental, regional, state, and federal regulatory matters affecting municipal infrastructure and City operations.
A.3 Office Hours and Availability
Regular City office hours/service model: ________________________________________________ In-person frequency: __________________ Remote availability: __________________ Emergency contact method: __________________________________________________________ A.4 Performance Standards
• Urgent/time-sensitive matters acknowledged generally within the same business day. • Routine inquiries acknowledged within one business day, with a substantive response or estimated completion date generally within two business days.
• Agenda review coordinated with the City’s agenda-production calendar. • Monthly open-matter status report and itemized invoices. • Prompt notice of material changes in risk, strategy, schedule, scope, or projected cost. • Orderly transition of files, deadlines, and institutional knowledge at commencement and termination.
Page | 29
A.5 Transition Plan
Within the first 30, 60, and 90 days, Firm shall complete the transition activities described in its Proposal, including matter inventory, file transfer, deadline review, litigation and claims review, pending legal advice, key agreements, recurring compliance obligations, and establishment of working relationships with the City Council and staff.
Page | 30
EXHIBIT B
COMPENSATION AND BILLING
The compensation structure below shall be completed based on the selected Firm’s final negotiated proposal. No amount is authorized unless stated below or subsequently approved in writing by the City.
Role / Name General Rate Specialized Rate Travel Rate
Designated City Attorney $_______ $_______ $_______
Deputy/Backup City
Attorney $_______ $_______ $_______
Partner/Counsel $_______ $_______ $_______
Associate Attorney $_______ $_______ $_______
Paralegal/Law Clerk $_______ $_______ $_______
Other Billable Professional $_______ $_______ $_______
B.1 Retainer / Alternative Pricing
Monthly retainer or alternative fee, if any: $________________ Services included: _________________________________________________________________ Services excluded: _________________________________________________________________ Included meetings/hours: __________________________________________________________ Overage/additional work rates: _____________________________________________________ B.2 Office Hours Pricing
Weekly office-hours model and pricing: ______________________________________________ Travel-time treatment: ______________________________________________________________ Mileage/no-charge geographic area: _________________________________________________ B.3 Reimbursable Costs
Mileage: __________________
Court/filing fees: __________________
Copying/postage/delivery: __________________
Electronic research/database charges: __________________ Outside vendors/experts/investigators: __________________ Other approved costs: __________________
Page | 31
B.4 Annual Adjustment
Rates remain fixed for the first twelve (12) months. Thereafter, any requested adjustment is subject to City approval and the limitations in Section 9.2 of the Agreement.
Page | 32
EXHIBIT C
INSURANCE REQUIREMENTS
Firm shall maintain the following insurance for the duration of the Agreement unless the City approves a modification in writing:
• Professional Liability / Errors and Omissions: not less than $1,000,000 per claim and $2,000,000 aggregate.
• Commercial General Liability: not less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability: not less than $1,000,000 combined single limit when applicable. • Workers’ Compensation: statutory coverage as required by law; Employer’s Liability not less than $1,000,000.
• Certificates of insurance and any required endorsements shall be provided before commencement of services and upon renewal. General Liability and Automobile Liability policies shall name the City, its officers, officials, employees, and agents as additional insureds when appropriate and legally available.
• Professional Liability coverage shall be maintained for the term and, if written on a claims-made basis, for an appropriate period following completion or termination of services as required by the City’s risk review.
Item No. 6.L
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: ENGINEERING
FROM: JERRY SANGUINETTI, PUBLIC WORKS
BY: DOUG PIKE, CITY ENGINEER
TITLE: ACCEPT THE ALAMEDA/HWY 156 RIGHT-HAND TURN LANE
RETAINING WALL CIP PROJECT 20.03 COMPLETED BY F.
LODUCA CO.
RECOMMENDED MOTION:
Approve a Resolution accepting the Alameda/Highway 156 Right-Hand Turn Lane Retaining Wall Improvements Project as complete; and release the retention and applicable construction bonds in accordance with legal requirements.
RECOMMENDATION:
Staff recommends that the City accept the Alameda/Hwy 156 Right-Hand Turn Lane Retaining Wall CIP Project 20-03.
BACKGROUND INFORMATION:
On April 21, 2026, the City Council approved a resolution awarding a public works construction contract in the amount of $41,041.00 to F. Loduca Co. to construct a new Garden Retaining Block Wall to replace the existing retaining wall, which must be relocated to accommodate a new sidewalk associated with a right-turn lane improvement and conformance to existing improvements.
Construction Dates
The City issued the construction contractor a Notice to Proceed on April 21, 2026. Construction began on June 8, 2026. The original contract performance period was 30 working days. The project was completed on June 16, 2026.
Final Construction Budget Accounting
The project was completed within the approved budget set by Council. Council approved and appropriated the authorized budget for combined project construction and construction management & inspections on April 21, 2026, for $45,145.00.
Contractor Construction Costs:
Original Contract Amount: $41,041.00
Item No. 6.L
City Council Meeting
September 15, 2026
Page | 2
Contract Change Orders: $ 0.00
Total Final Contract Amount: $41,041.00
There were no change orders; therefore, the total construction cost is $41,041.00, which is within the $45,155.00 budget approved and appropriated by the Council for these services.
ACCEPTANCE OF PUBLIC IMPROVEMENTS
The improvements are guaranteed by a 1-year maintenance contract provision in effect for 1 year from the time of acceptance.
The City Engineer has inspected all improvements and is satisfied that they have been completed in a professional manner and recommends the City accept the improvements, release the construction bond(s) as appropriate, and authorize release of progress payment retention and payment of a final invoice.
BUDGET AND FINANCIAL IMPACT
The project is eligible for reimbursement pursuant to the Development Agreement, as provided in Ordinance No. 2025-04.
ATTACHMENTS
1. Resolution
RESOLUTION NO. 2026- xx
A RESOLUTION OF THE CITY OF SAN JUAN BAUTISTA ACCEPTING THE ALAMEDA/HWY 156 RIGHT-HAND TURN LANE RETAINING WALL
IMPROVEMENTS CONTRACT FOR THE ALAMEDA/HWY 156 RIGHT-HAND TURN
LANE RETAINING WALL IMPROVEMENTS PROJECT
WHEREAS, On April 21, 2026, the City Council approved a resolution awarding a public works construction contract in the amount of $41,041.00 to F. Loduca Co. to construct a new Garden Retaining Block Wall to replace the existing retaining wall, which must be relocated to accommodate a new sidewalk associated with a right-turn lane improvement and conformance to existing improvements; and
WHEREAS, the project funds are eligible for reimbursement pursuant to the Development Agreement, as provided in Ordinance No. 2025-04; and WHEREAS, the City contracted with F. Loduca Co. for construction of The Alameda/Hwy 156 Right-Hand Turn Lane Retaining Wall Improvements; and WHEREAS, the work was contracted for and completed in compliance with the State Public Contract Code, and the City’s procurement procedures set forth in section 2-8-050 of the municipal code; and
WHEREAS, all work as authorized in the Contract and subsequent change orders was inspected, corrections made as necessary, and completed within the requirements of the plans and specifications of the contract; and
WHEREAS, the Acting City Engineer for the City of San Juan Bautista recommends that the City Council accept the improvements constructed by F. Loduca Co.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA NOW HEREBY FINDS:
1. The City Council hereby accepts the improvements constructed by F. Loduca Co.; and
2. The City Manager is authorized to approve the final invoice and release of retention withheld from previous invoices submitted by F. Loduca Co.; and
3. The City Manager is authorized to release any portion of the construction bond(s) as appropriate upon satisfaction of the Contractor’s legal responsibility.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista at a regular meeting held on the 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
___________________________
Elizabeth Soto, CMC, CPMC,
City Clerk
Item No.: 6. M
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: AUTHORIZE THE CITY MANAGER AND/OR DESIGNEE TO
CONDUCT AB 52 AND SB 18 TRIBAL CONSULTATION
RECOMMENDED MOTION:
Approve a Resolution authorizing the City Manager, and/or designee, to initiate, conduct, coordinate, and conclude consultation with California Native American tribes on behalf of the City of San Juan Bautista pursuant to Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18), as applicable to City projects and land use actions.
RECOMMENDATION:
Staff recommends that the City Council designate the City Manager, or the City Manager’s designee, as the City representative authorized to conduct government-to-government tribal consultation required by AB 52 and SB 18. This authorization provides a clear, consistent administrative process while preserving all consultation, confidentiality, notice, and decisionmaking requirements established by State law.
EXECUTIVE SUMMARY:
California law requires local agencies to consult with California Native American tribes in specified circumstances. AB 52 establishes a consultation process under the California Environmental Quality Act (CEQA) when a tribe that is traditionally and culturally affiliated with the geographic area of a proposed project timely requests consultation. SB 18 requires consultation with California Native American tribes before adopting or amending a general plan or specific plan, and for certain related open-space actions.
Tribal consultation often requires timely coordination, meetings, exchange of project information, discussion of tribal cultural resources or cultural places, consideration of avoidance or mitigation measures, and protection of confidential information. Designating the City Manager and a designee will allow the City to respond consistently and efficiently to consultation requests and to coordinate appropriate City staff, consultants, legal counsel, and project representatives as necessary.
Page | 2
The proposed Resolution delegates authority to conduct the consultation process on behalf of the City. It does not delegate legislative authority to approve a General Plan amendment, Specific Plan, ordinance, CEQA document, project entitlement, or other action reserved to the City Council or another City decision-making body.
BACKGROUND:
AB 52 added specific tribal consultation requirements to CEQA, including Public Resources Code Sections 21080.3.1 and 21080.3.2. When the City is the CEQA lead agency and receives a qualifying request from a California Native American tribe that is traditionally and culturally affiliated with the project area, the city must provide the notices required by law and, when timely requested, begin consultation regarding potential significant effects to tribal cultural resources, alternatives, and measures for preservation or mitigation. Consultation must be undertaken in good faith and concluded in the manner provided by State law before the environmental review process is completed where consultation is required.
SB 18, codified in part at Government Code Sections 65352.3 and 65352.4, requires a city or county to consult with California Native American tribes for the purpose of preserving or mitigating impacts to places, features, and objects described in Public Resources Code Section 5097.9 before adopting or amending a general plan or specific plan. SB 18 consultation is separate from, and may apply in addition to, AB 52 consultation.
The two consultation processes have different triggers, procedures, and timelines. Accordingly, the Resolution authorizes the City Manager or designee to determine, in coordination with the City Attorney and appropriate staff or consultants, which consultation requirements apply to a particular City action; issue and respond to consultation correspondence; schedule and participate in meetings; exchange appropriate information; document consultation; discuss potential avoidance, preservation, or mitigation measures; and conclude consultation consistent with applicable law.
The authorization also permits the City Manager or designee to include other City staff, consultants, technical specialists, and legal counsel in consultation meetings when their participation would assist the consultation. The designated representative will maintain the government-to-government nature of consultation and comply with applicable confidentiality requirements for information concerning tribal cultural resources, sacred places, and other confidential tribal information.
For projects or legislative actions requiring subsequent approval by the City Council, Planning Commission, or another decision-making body, the designated representative will report the outcome of consultation as legally appropriate and incorporate agreed-upon or recommended measures into the applicable staff report, environmental document, conditions, or other materials for consideration by the authorized decision-maker. Confidential tribal information will not be publicly disclosed except as permitted or required by law.
Item No.: 6. M
City Council Meeting
September 15, 2026
Page | 3
DISCUSSION:
Assembly Bill 52 (AB 52) and Senate Bill 18 (SB 18) establish separate, but related, requirements for consultation with California Native American tribes. Depending on the type of City action being considered, one or both consultation processes may apply. The purpose of this item is to establish clear administrative authority for the City Manager, or the City Manager’s designee, to represent the City during required tribal consultation and to ensure that consultation can proceed efficiently and consistently.
Under AB 52, the California Environmental Quality Act (CEQA) establishes a formal consultation process with California Native American tribes that have requested notification from a lead agency. When a tribe timely requests consultation regarding a project subject to CEQA, the City, as lead agency, must consult in good faith regarding potential impacts to tribal cultural resources and appropriate measures for avoiding or mitigating significant impacts. The consultation process may include discussion of the significance of tribal cultural resources, the project’s potential effects, alternatives, avoidance or preservation measures, and mitigation measures.
SB 18 establishes a separate tribal consultation process applicable to certain General Plan and Specific Plan actions. When applicable, the City must contact and consult with California Native American tribes regarding the potential presence and protection of traditional tribal cultural places before adopting or amending a General Plan or Specific Plan. Although AB 52 and SB 18 have different statutory requirements and applicability, both processes require timely communication, meaningful consultation, appropriate documentation, and respect for confidential information provided by tribes.
Because tribal consultation is primarily an administrative and intergovernmental process conducted during project review, staff recommends that the City Council formally designate the City Manager and the City Manager’s designee to conduct consultation on behalf of the City. This authorization would allow the City Manager to designate appropriate staff, including Community Development Department staff, to serve as the City’s representative based on the particular project or planning action.
The authorization would include the ability to issue and respond to consultation correspondence; schedule and participate in consultation meetings; coordinate with tribal representatives, City consultants, project applicants, and the City Attorney; discuss potential project modifications, avoidance measures, and mitigation measures; maintain the administrative record of consultation; protect confidential information as required by law; and take other administrative actions reasonably necessary to fulfill the City’s consultation obligations.
Delegating consultation authority would also provide continuity in circumstances where consultation extends over multiple meetings or project-review stages. Establishing the authority by resolution will clarify for consulting tribes and City staff who is authorized to speak on behalf of the City and will allow consultation to proceed without requiring separate City Council authorization for staff participation in each individual consultation.
Page | 4
The proposed delegation is limited to conducting the consultation process and does not transfer the City Council’s, Planning Commission’s, or other decision-making body’s authority over a project or legislative action. The City Manager or designee may discuss potential avoidance measures, mitigation measures, project modifications, or other possible resolutions during consultation; however, any action requiring approval by the City Council, Planning Commission, or another authorized decision-making body would remain subject to the applicable public review and approval process.
Approval of the Resolution would therefore establish a consistent Citywide procedure for AB 52 and SB 18 consultation while preserving the authority of the appropriate decision-making body to take final action on the underlying project, CEQA document, General Plan or Specific Plan amendment, entitlement, or other matter.
CEQA REQUIREMENT:
Adoption of the proposed Resolution is an administrative action establishing internal authority and procedures for conducting tribal consultation. The action does not approve a development project, authorize physical changes to the environment, or commit the City to a particular project outcome.
Accordingly, the action is not a project under CEQA pursuant to CEQA Guidelines Section 15378(b)(5), because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
There is no direct fiscal impact associated with the adoption of the Resolution. Tribal consultation will require staff time and, depending on the project or planning action, may require participation by the City Attorney, environmental consultants, archaeologists, cultural resources specialists, or other technical consultants. The City will address project-specific costs through the applicable City budget, consultant contract, cost-recovery agreement, or applicant deposit, as appropriate.
ATTACHMENTS:
1. Resolution
Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA
AUTHORIZING THE CITY MANAGER AND DESIGNEE TO CONDUCT TRIBAL CONSULTATION PURSUANT TO ASSEMBLY BILL 52 AND SENATE BILL 18 WHEREAS, the City of San Juan Bautista serves as a lead agency under the California Environmental Quality Act (CEQA) for City projects and discretionary actions and periodically considers general plan amendments, specific plans, and other land use actions that may require consultation with California Native American tribes; and WHEREAS, Assembly Bill 52 (AB 52), codified in part at Public Resources Code Sections 21080.3.1 and 21080.3.2, establishes procedures for consultation between a CEQA lead agency and California Native American tribes that are traditionally and culturally affiliated with the geographic area of a proposed project when consultation is timely requested; and WHEREAS, AB 52 consultation may include discussion of the type of environmental review necessary, the significance of tribal cultural resources, the significance of a project’s impacts on tribal cultural resources, project alternatives or recommended mitigation measures, and measures for preservation or mitigation; and
WHEREAS, Senate Bill 18 (SB 18), codified in part at Government Code Sections 65352.3 and 65352.4, requires cities and counties to consult with California Native American tribes prior to the adoption or amendment of a general plan or specific plan for the purpose of preserving or mitigating impacts to certain Native American places, features, and objects; and WHEREAS, AB 52 and SB 18 establish distinct consultation processes with different triggers, timelines, and procedural requirements, and a city action may require consultation under one or both statutes; and
WHEREAS, the City Council desires to establish clear administrative authority for timely, consistent, and good-faith government-to-government consultation with California Native American tribes while preserving the authority of the City Council, Planning Commission, and other City decision-making bodies over actions assigned to them by law; and WHEREAS, the City Council finds that designating the City Manager and the City Manager’s designee to conduct tribal consultation will facilitate timely notices, meetings, coordination, documentation, consideration of avoidance and mitigation measures, and compliance with applicable confidentiality requirements; and WHEREAS, the City Manager or designee may coordinate with the City Attorney, Planning Manager, other City staff, consultants, technical specialists, and project representatives as reasonably necessary to support consultation, while maintaining the government-to-government nature of the process and protecting confidential tribal information as required by law; and Page | 2
WHEREAS, this Resolution delegates authority to administer and conduct tribal consultation and does not delegate legislative or adjudicatory authority to approve any General Plan amendment, Specific Plan, ordinance, CEQA document, development entitlement, or other action reserved to the City Council or another authorized decision-making body.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Juan Bautista hereby designates and authorizes the City Manager, or the City Manager’s designee, to act as the City’s representative for purposes of initiating, conducting, coordinating, documenting, and concluding consultation with California Native American tribes pursuant to AB 52, SB 18, and their implementing statutes, as applicable.
BE IT FURTHER RESOLVED that this authority includes, but is not limited to: issuing and responding to required notices and correspondence; requesting or obtaining tribal contact information through the appropriate State agencies; scheduling and participating in consultation meetings; providing non-confidential project and planning information; receiving information from tribes; discussing tribal cultural resources, cultural places, alternatives, avoidance measures, preservation measures, and mitigation measures; coordinating participation by appropriate City staff, legal counsel, consultants, and technical specialists; documenting the consultation record; and determining, in consultation with the City Attorney as appropriate, when consultation has concluded in accordance with applicable law.
BE IT FURTHER RESOLVED that the City Manager or designee shall protect confidential information obtained during tribal consultation in accordance with applicable State law and shall ensure that any public staff report, environmental document, or other City record does not disclose confidential tribal cultural resource information except as permitted or required by law.
BE IT FURTHER RESOLVED that any agreement, mitigation measure, project condition, plan amendment, environmental determination, or other substantive action requiring approval by the City Council, Planning Commission, or another City decision-making body shall remain subject to approval by that body. Nothing in this Resolution authorizes the City Manager or designee to bind the City to an action beyond the authority otherwise granted to that official.
BE IT FURTHER RESOLVED that this authorization shall apply to current and future City projects, plans, and land use actions for which AB 52 or SB 18 consultation is required, unless otherwise directed by the City Council.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 15th day of September, 2026, by the following vote:
AYES
NOES:
ABSENT:
Page | 3
ABSTAIN:
APPROVED:
____________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Item No.: 6.N
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 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 August 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 provide 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:
• 45 Emergency 911 calls
• 41 non-emergency calls for service
• 18 self-initiated contacts
• 25 reports taken
Page | 2
o 2 burglaries
o 5 city code violations
o 3 domestic violence
o 3 vehicle citations
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:
• 0 Fires
• 2 Vehicle accidents / 1 within city limits
• 9 Medical calls
• 1 Inspections: Movies in the Park
ATTACHMENTS:
1. San Benito County Sheriff’s Office August 2026 calls for service report
2. City of Hollister Fire Department August 2026 calls for service report Item No.: 6.O
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 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 August 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
• Repaired two minor water system leaks, including a leaking water service line and a leaking water meter spud.
• The City’s water wells and treatment plant operated without issue throughout the month. • Worked on squealing noise from the treatment plant caused by the auger system. The auger was found to have a mechanical malfunction and was fixed. • A large elm tree fell at Verutti Park, damaging a small section of the fencing. The area was immediately secured and the remanence of the tree was removed by a contractor. • Staff re-painted red curbs throughout the city.
• Several stop signs were replaced throughout the city.
Library
• Family workstation was installed on the end of August from CA State Library Empowered Access Grant.
Recreation
• Movies in the Park summer series at Abbe Park. Great attendance by local residents. • Started August 8th and ends on September 12th, 2026.
• Special thanks to Councilman Aranda for loaning his equipment to Recreation.
Item: 6.P
City Council Meeting
September 15, 2026
Page | 1
CCITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 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 August 2026.
RECOMMENDATION:
Staff recommends that the City Council review and receive the Community Development Department status report.
EXECUTIVE SUMMARY:
This report updates activities within the Community Development Department, including Planning, Building, and Code Enforcement functions, for August 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. Code Enforcement continued its focus on case management, parking compliance, and implementation of the City's vehicle abatement efforts.
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 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 summarizes Community Development Department activities during August 2026.
Page | 2
Building
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 on existing open cases throughout June and July, emphasizing 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.
August 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.
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.Q
City Council Meeting
September 15, 2026
6. CONSENT
Approve the Regular Meeting Minutes of May 19, 2026.
Approve the Special Meeting Minutes of May 26, 2026.
Approve the Special Meeting Minutes of June 16, 2026.
Approve the Special Meeting Minutes of August 11, 2026.
Approve the Regular Meeting Minutes of August 18, 2026
Page | 1 City Council Meeting Minutes (May 19, 2026)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
MAY 19, 2026
1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 5:32 p.m. in the Council Chambers, located at 311 Second Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was conducted.
ROLL CALL Present:
Councilmember Scott Freels
Councilmember Jackie Morris-Lopez
Mayor Pro Tem EJ Sabathia
Mayor Leslie Q. Jordan
Absent:
Councilmember Jose Aranda
Staff Present:
Ashley Collick, City Manager
Jon R. Giffen, City Attorney
Victor Tafoya, Associate Planner
Also present:
Roy Morales, Assistant to the City Manager
Arielle Goodspeed, Planning Manager
2. CLOSED SESSION – 5:30 P.M. – 6:12 P.M.
a. Conference with Legal Counsel—Anticipated Litigation - Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9(e)(2): (1 case)
b. Conference with Legal Counsel—Existing Litigation - Orozco v. City of San Juan Bautista et al. (California Government Code section 54956.9(d)(1)) No public comments were received.
Mayor Jordan reconvened the regular meeting at 6:12 p.m.
City Attorney Giffen reported there was no reportable action.
Page | 2 City Council Meeting Minutes (May 19, 2026)
Mayor Jordan called for a moment of silence in recognition of the passing of Karen Freels, the mother of Councilmember Scott Freels.
3. PROCLAMATION / COMMENDATION
A. Proclamation Recognizing and Thanking the Donald R. Clausen Trust for its Generous Donation to the San Juan Bautista Library
The City Council presented a proclamation recognizing the Donald R. Clausen Trust and thanking it for its generous donation to the San Juan Bautista Library.
B. Historical Preservation Month, May 2026, and Historical Preservation Awards:
Private: 39 Washington Street / Public: VFW Post #6359, 58 Monterey Street The City Council recognized 39 Washington Street for the preservation of a Queen Anne cottage constructed in 1906, and VFW Post #6359 at 58 Monterey Street for stewardship of an important community landmark.
The City of San Juan Bautista proclaimed:
C. Public Works Week, May 17-23, 2026
D. Older Americans Month, May 2026
E. Asian American and Pacific Islander Heritage Month, May 2026 F. LGBTQ+ Pride Month, June 2026
4. PUBLIC COMMENT
Bill Adams commented on traffic visibility and safety concerns related to a hedge and fence on Second Street.
Linda Jin commented on downtown street fairs and requested operations and greater City oversight or a different promoter.
5. PUBLIC HEARING
At the request of Mayor Jordan, the City Council heard Item 5B before Item 5A.
A. Weed Abatement
Charlie Bedolla, Deputy Fire Marshal, presented the item and stated that letters had been sent following the first meeting. He reported that many properties had since been cleaned up, some had regrowth, and a few remained unresolved. He stated that, after Council action, the City could begin the abatement process for properties that had not been addressed, while continuing to work with property owners and code enforcement where appropriate.
Mayor Jordan opened the public hearing.
The following members of the public commented on the report:
Chris Mortarana commented on a property included on the weed abatement list.
Michael Ponce commented regarding vegetation management and City-owned properties.
Page | 3 City Council Meeting Minutes (May 19, 2026)
Mayor Jordan closed the public hearing.
Deputy Fire Marshal Bedolla clarified that the weed abatement program focuses on empty lots for abatement and liens, but that fire staff can also work with code enforcement and send courtesy letters for overgrown occupied properties when appropriate.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Freels, the resolution declaring the condition of certain properties to constitute a public nuisance and ordering the abatement of weeds thereon was approved.
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Aranda
B. Approve a Resolution Updating the Master Fee Schedule for City Services City Manager Ashley Collick stated that many City fees had not been meaningfully updated for more than a decade while the cost of providing services continued to increase. She explained that the fee study was intended to improve long-term fiscal sustainability, transparency, operational stability, and legal compliance, and to reduce pressure on the General Fund.
Kushboo Ingle of Matrix Consulting Group presented the fee study. She explained the purpose of fee studies, the distinction between services with broad public benefit and those with highly individualized private benefit, and the methodology for calculating full-cost recovery. The presentation covered time estimates, fully burdened hourly rates, overhead, legal limits on fees, comparative information from other agencies, a proposed annual escalator, and a recommended reevaluation cycle of approximately five to seven years. She said the study reviewed more than 200 fee line items and modernized fees for engineering, planning, building, recreation, special events, vacancy registration, and other City services.
Mayor Jordan raised questions about implementing the proposed fee schedule, the proposed annual adjustment provision, vacancy registration fees, appeals, and the potential impact of fee increases on residents and businesses. She supported additional public review before adoption.
Mayor Pro Tem Sabathia discussed the City's ability to establish fees below full cost recovery where appropriate and raised questions regarding development-related and permit fees. He expressed interest in providing additional opportunities for public review before adopting the fee schedule.
Councilmember Morris-Lopez raised questions regarding affordability, community access to City services, and the potential impact of fee increases on residents and local organizations. She supported additional public reviews of the proposed fees prior to adoption.
Councilmember Freels raised questions regarding facility rental fees, nonprofit use of City facilities, recreation-related fees, and other proposed fee increases. He discussed balancing cost recovery with community benefit considerations.
Page | 4 City Council Meeting Minutes (May 19, 2026)
Mayor Jordan opened the public hearing.
The following members of the public commented on the report:
Chris Mortarana stated that the packet appeared to include full-cost recovery amounts without fully addressing policy decisions regarding subsidies or community benefit. He requested a public workshop, raised questions about tree permit requirements, dog tags, garage sale permits, annual utility encroachment permits, and investigation fees, and questioned whether the Council could approve the resolution that evening because he did not see the fee schedule attached to the resolution in the binder.
Cara Vonk raised concerns regarding the proposed fees for historic resource review, administrative historic review, Planning Commission review, appeals, tree removal, and Community Hall use. She said high fees could discourage compliance and burden owners of historic properties.
Michael Ponce requested an additional public meeting so the community could review and comment on the more than 200 proposed fees. He questioned the consultant cost, the proposed CPI adjustment language, and the increase to the yard sale permit fee.
Mayor Jordan closed the public hearing.
The City Council directed staff to bring the fee schedule back for additional public review on May 26, 2026, with final approval anticipated for June 16, 2026.
C. An Ordinance of the City of San Juan Bautista Amending Title 11 Zoning of the Municipal Code to add Chapter 11-16 Mobile Food Truck Vending Ordinance (Tabled to June 16, 2026)
The item was continued until the June 16, 2026, meeting.
6. CONSENT
A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Treasurer’s Report and Monthly Financial Statements
Recommendation: Accept the financial report for March 2026.
D. November 3, 2026, General Municipal Election
Recommendation: Approve a RESOLUTION ordering an election, requesting the San Benito County Elections Department to conduct the election, and requesting consolidation of the November 3, 2026, election.
E. Valle Vista Lighting and Landscaping Maintenance District Recommendation: 1.) Approve A RESOLUTION of the City Council of The City Of San Juan Bautista Ordering Preparation of An Engineer’s Report for Fiscal Year 2026-27 For Valle Vista Landscape and Lighting Maintenance Assessment District No. 1
2.) Approve A RESOLUTION of the City Council of The City Of San Juan Page | 5 City Council Meeting Minutes (May 19, 2026)
Bautista Declaring Its Intention to Levy and Collect Assessments Within Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 For Fiscal Year 2026-27 And Setting the Time and Place for A Hearing on Said Assessment
3.) Receive and consider the attached draft Assessment Report to be the subject of final acceptance at the Public Hearing.
4.) Approve A RESOLUTION Of the City Council of The City Of San Juan Bautista Ratifying the Report Prepared in Connection with The Fiscal Year 2026-27 Levy of Assessments in Connection with Valle Vista Landscape and Lighting Maintenance Assessment District No. 1
F. Community Facilities District No. 2018-01
Recommendation: 1.) Approve A RESOLUTION of the City Council of The City of San Juan Bautista Ordering Preparation of An Engineer’s Report for Fiscal Year 2026- 27 For Community Facilities District No. 2018-01
2.) Approve A RESOLUTION of the City Council of the City Of San Juan Bautista Declaring its Intention to Levy and Collect Assessments Within Community Facilities District No. 2018-01 for Fiscal Year 2026-27 and Setting the Time and Place for a Hearing on Said Assessment
3.) Receive and consider the attached draft Engineer’s Report to be the subject of final acceptance at the Public Hearing.
4.) Approve A RESOLUTION of The City Council of The City of San Juan Bautista Ratifying the Report Prepared in Connection with the Fiscal Year 2026-27 Levy of Assessments in Connection with Community Facilities District No. 2018-01 For Fiscal Year 2026-27
G. Authorize the City Manager to Reissue a Request for Proposals for Professional Certified Public Accountant (CPA) Advisory Services
Recommendation: Approve a RESOLUTION authorizing the City Manager to reissue a Request for Proposals (RFP) for Professional Services Accountant (CPA) Advisory Services.
H. Street Closure for Los Padrinos Annual Car Show event on June 27, 2026 Recommendation: Approve a RESOLUTION authorizing the closure of streets on Saturday, June 27, 2026, for the Los Padrinos Annual Car Show.
I. Department Updates
Recommendation: Receive an update on Public Safety, Public Works, Recreation, Library, and Community Development for April 2026.
J. Minutes
Recommendation: Approve the Regular Meeting Minutes of April 21, 2026.
MOTION:
Upon motion by Councilmember Morris-Lopez, seconded by Mayor Pro Tem Sabathia, consent agenda Items A-H and J were approved.
Page | 6 City Council Meeting Minutes (May 19, 2026)
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Aranda
Item I. Department Updates.
Assistant to the City Manager Roy Morales briefly summarized the public safety statistics report.
Planning Manager Arielle Goodspeed briefly summarized the Community Development Department activities for April 2026 and announced the upcoming meetings.
The following members of the public commented on the report:
Michael Ponce pulled item I and asked about the recreation and whether the Abbey Park Sports Group Use Procedure was an existing City procedure or a proposed procedure being developed.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Freels, the Department Updates were received.
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Aranda
7. INFORMATIONAL ITEMS AND REPORTS
A. City Manager's Report
There is no information to report.
B. Reports from City Council Representatives to Regional Organizations and Committees Mayor Jordan reported that she attended a fire protection advisory committee meeting regarding a possible fire district. She said Baker Tilly is the consultant for the effort, that several committee members recently responded to information requests, and that Baker Tilly is compiling information for a future report.
C. City Council and Staff Announcements
Councilmember Morris-Lopez announced an upcoming Council of Governments meeting scheduled for Thursday at 4:00 p.m. and encouraged members of the public to participate. She raised concerns about traffic safety on State Route 156 near Mission Vineyard Road, including vehicle speeds, turning movements, and the potential for accidents, and urged continued attention from Caltrans and regional representatives.
Mayor Jordan announced the Rainbow Run on Saturday, June 6, 2026; the Los Padrinos Annual Car Show on Saturday, June 27, 2026; and San Juan Day on Sunday, August 9, 2026.
8. ADJOURNMENT
Motion to adjourn the meeting by Mayor Pro Tem Sabathia, seconded by Councilmember Morris-Lopez.
Page | 7 City Council Meeting Minutes (May 19, 2026)
There being no other business, Mayor Jordan adjourned the meeting at 8:12 p.m.
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Page | 1 City Council Meeting Minutes (May 26, 2026)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
MAY 26, 2026
1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 5:56 p.m. in the Council Chambers, located at 311 Second Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Sabathia led the Pledge of Allegiance
ROLL CALL Present:
Councilmember Jose Aranda – arrived at 5:56 p.m.
Councilmember Scott Freels – via teleconference (AB 2449) Councilmember Jackie Morris-Lopez
Mayor Pro Tem EJ Sabathia - arrived at 5:57 p.m.
Mayor Leslie Q. Jordan
Absent:
Staff Present:
Ashley Collick, City Manager
Jon R Giffen, City Attorney
Elizabeth Soto, City Clerk
Also present:
Roy Morales, Assistant to the City Manager
Arielle Goodspeed, Planning Manager
Councilmember Freels participated via teleconference pursuant to AB2449 for just cause.
Councilmember Freels announced that he was participating via teleconference due to illness and that no person over the age of 18 was present in the room.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Aranda, to allow Councilmember Freels to participate via teleconference under AB2449 for just cause.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan NOES: None; ABSENT: None; ABSTAIN: None:
Page | 2 City Council Meeting Minutes (May 26, 2026)
2. CLOSED SESSION 5:00 P.M. – 5:30 P.M.
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista et al. (California Government Code section 54956.9(d)(1)) Item was tabled due to lack of quorum.
Mayor Jordan announced that the closed session item was not heard due to a lack of quorum.
3. STUDY SESSION
A. Proposed Draft Budget and Capital Improvement Plan for Fiscal Year 2026-27 City Manager Ashley Collick presented the proposed Fiscal Year 2026-27 budget and Capital Improvement Plan. She stated that the budget process reflected an evaluation of the City's finances, operations, infrastructure obligations, service delivery, staffing capacity, public safety costs, development processes, and long-term economic conditions. She explained that the proposed budget is intended to address deferred investments, aging infrastructure, rising service costs, outdated fees, limited staffing capacity, and the City's small revenue base.
City Manager Collick outlined key budget priorities, including infrastructure reliability, public safety, organizational consistency, downtown revitalization, and long-range financial planning.
City Manager Collick noted that although the City remains financially stable, its limited revenue base and growing infrastructure and service obligations require proactive planning, timely investment, and policy direction from the City Council.
The presentation reviewed several financial and operational issues, including modest revenue growth, public safety costs representing nearly one-third of General Fund spending, the cost recovery gap in community development, internalization of planning, engineering coordination, building services, and code enforcement oversight, water infrastructure investment, completion of the sanitary sewer force main project, fee updates, fire protection costs, law enforcement service evaluation, and downtown economic development opportunities.
Mayor Pro Tem Sabathia asked about revenue peaks shown in the presentation. Wendy L.
Cumming, CPA, explained that the 2018 increases likely reflected housing development activity, including impact fee revenue from Rancho Vista and Copper Leaf. She also explained that certain fund balances are held in specific funds and may be used, as allowed, to offset capital improvement costs. Discussion also addressed Water Enterprise Fund revenues, prior water fee increases, and impact fee revenue received during the same period.
The following members of the public commented on the item:
Cara Denny encouraged the city to prioritize basic community needs and use community volunteers and local energy to help address maintenance and beautification needs.
Michael Ponce stated that the City needs to build the General Fund through sales tax, transient occupancy tax, and other revenues. He said the City needs to bring more people to town, encourage visitors to stay and spend money, and hold town hall meetings to discuss community ideas.
Page | 3 City Council Meeting Minutes (May 26, 2026)
Mark supported downtown rejuvenation and said vacant buildings and inconsistent business hours affect the visitor experience. He stated that downtown revitalization is important to increasing tax revenue and supporting the City's financial position.
Chris Mortarana commented on the need for sinking funds and long-term planning for water and sewer infrastructure replacement. He stated that impact fees are a buy-in for existing infrastructure and do not replace the need for long-term funding plans, and urged the City Council to provide an overarching vision for the community.
John Freeman stated that the budget discussion should address both expenses and revenues. He encouraged the City to increase revenues without raising taxes by stimulating hotel activity and transient occupancy tax revenues, bringing more visitors to town, and considering changes to the cannabis ordinance to allow a downtown dispensary.
Jennifer Clark of The Hideaway supported downtown revitalization and stated that the current level of foot traffic does not support being open every day. She also encouraged the City to review existing fee schedules, website materials, and current collections, noting her experience with uncertainty regarding the sign permit fee.
The City Clerk read a written public comment from Rachel Ponce requesting that the City Council include funds in the 2026 budget for marking parking spaces on Fourth Street. The comment described concerns regarding blocked driveways, increased traffic, speeding, and impacts occurring beyond City events.
The City Council on June 16, 2026, recommended balancing the budget, and June 30, 2026, could be used for an additional review if needed.
The following members of the public commented on the report:
Kara Denny encouraged the city to prioritize essential community needs and community involvement.
Michael Ponce emphasized increasing revenues, strengthening the General Fund, and obtaining additional community input.
Mark Mason supported downtown revitalization and reducing vacancies.
Chris Martorana advocated for long-term infrastructure planning and community vision.
John Freeman encouraged revenue generation through tourism and economic development opportunities.
Jennifer Clark supported downtown revitalization and recommended reviewing City fees and permit information.
Rachel Ponce (written public comment) requested funding for Fourth Street parking striping.
B. Comprehensive User Fee Study
Khushboo Ingle, Vice President of Matrix Consulting Group, presented revisions to the City's Comprehensive User Fee Study based on feedback received from the City Council and the public. She explained that the City had not conducted a comprehensive fee review in more than 20 years and that the study was intended to ensure legal compliance, accurately identify the cost Page | 4 City Council Meeting Minutes (May 26, 2026)
of providing services, improve cost recovery, and support transparent policy decisions.
Ms. Ingle explained that the original proposal generally reflected full cost recovery for City services. After feedback from prior discussions, staff and the consultant revised several proposed fees to reduce financial barriers and address community concerns while still improving cost recovery. Proposed revisions included adjustments to appeal deposits, historic resource review fees, recreation-related fees, dog licensing fees, and Community Hall rental fees. She stated that the revised schedule would maintain approximately 95 percent cost recovery overall.
Ms. Ingle also explained that many of the revised fees would remain deposit-based, allowing the City to recover actual costs if staff time and expenses exceeded the initial deposit amount. She further noted that development-related fees would become effective 60 days after adoption, while other fees would typically become effective 30 days after adoption.
Councilmember Jose Aranda thanked staff and the consultant for responding to prior feedback and said he appreciated the revisions made to the proposed fee schedule. He indicated support for continued discussion regarding public engagement and opportunities for community input before final adoption.
Councilmember Scott Freels expressed support for moving the fee schedule forward and noted that it could be revisited after implementation. He suggested reviewing the fees after a period of use to determine whether further adjustments may be warranted.
Councilmember Jackie Morris-Lopez discussed concerns related to historic resource review fees, Community Hall rental fees, baseball field rental fees, and dog licensing fees. She supported minimizing or waiving Community Hall fees for local San Juan Bautista nonprofit organizations and community-serving activities and requested consideration of alternative fee structures where appropriate.
Mayor Pro Tem EJ Sabathia requested clarification regarding the City's overall cost recovery percentage following the proposed revisions and discussed the relationship between service costs and fee revenues. He supported a fee schedule that would improve cost recovery while remaining responsive to community concerns.
Mayor Leslie Q. Jordan supported the revised proposal and discussed the importance of maintaining a transparent, understandable fee schedule. She said consolidating fees into a clear schedule would reduce confusion and improve public understanding of City charges and services.
The following members of the public commented on the report:
Chris Martorana requested additional information and clarification regarding proposed fees.
John Freeman supported the fee study but requested that Community Hall fees remain waived for local nonprofits.
Michael Ponce supported fee updates but recommended phased implementation and additional community outreach.
Page | 5 City Council Meeting Minutes (May 26, 2026)
Kara Denny supported community events, phased fee increases, and expressed concern regarding impacts on local businesses.
Cara Vonk expressed concerns regarding historic property fees and Community Hall fees for community programs.
4. ADJOURNMENT
Motion to adjourn the meeting by Councilmember Aranda, seconded by Councilmember MorrisLopez. All in favor.
There being no other business, Mayor Jordan adjourned the meeting at 7:47 p.m.
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Page | 1 City Council Meeting Minutes (June 16, 2026)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
JUNE 16, 2026
1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 6:05 p.m. in the Council Chambers, located at 311 Second Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE
Councilmember Aranda led the Pledge of Allegiance.
ROLL CALL Present:
Councilmember Jose Aranda
Councilmember Jackie Morris-Lopez
Mayor Pro Tem EJ Sabathia.
Mayor Leslie Q. Jordan
Absent:
Councilmember Scott Freels
Staff Present:
Ashley Collick, City Manager
Jon R Giffen, City Attorney
Elizabeth Soto, City Clerk
Also present:
Arielle Goodspeed, Planning Manager
Jerry Sanguinetti, Engineer
2. PUBLIC HEARING
A. Valle Vista Landscape and Lighting Maintenance Assessment District No. 1 for Fiscal Year 2026-27
Jerry Sanguinetti, City Engineer, presented the annual levy of assessments for the Valle Vista Landscape and Lighting Maintenance Assessment District No. 1. He reviewed the proposed assessment rates, reserve balances, and district finances, noting that the proposed assessments reflected the allowable CPI adjustment and would maintain current service levels while supporting long-term financial sustainability.
Mayor Jordan opened the public hearing.
No comments were received.
Page | 2 City Council Meeting Minutes (June 16, 2026)
Mayor Jordan closed the public hearing.
Councilmember Aranda disclosed for the record that he resides within the affected community but stated that he did not have a financial interest or material financial benefit requiring recusal under applicable FPPC regulations.
The motion was amended during consideration to include both resolutions.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Morris-Lopez, the resolution approving the report prepared in connection with the Fiscal Year 2026-27 levy of assessments in connection with Valle Vista Landscape and Lighting Maintenance Assessment District No. 1; and the resolution confirming a diagram and assessment in connection with the Fiscal Year 2026-27 levy of assessments in connection with Valle Vista Landscape and Lighting Maintenance Assessment District No. 1, was approved as amended.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
B. Community Facilities District No. 2018-1 ("Copperleaf" and "Rancho Vista" Neighborhoods) Annual Levy
City Engineer Jerry Sanguinetti provided the report. The annual tax levy for Community Facilities District No. 2018-01 in San Juan Bautista funds the maintenance of public improvements such as landscaping, lighting, streets, and sidewalks in the Copperleaf (Zone 1) and Rancho Vista (Zone 2) neighborhoods. For fiscal year 2026/27, the maximum allowable tax per parcel is $1,085 for Copperleaf and $1,385 for Rancho Vista, but the actual proposed levies are $731 and $872 per parcel, respectively. These amounts match the budgeted maintenance costs for each zone, with anticipated revenues covering all expenses and contributing to reserve balances. The tax rates are adjusted annually based on the greater of 2% or the local Consumer Price Index, which is 3.8% for this year. The levy ensures each neighborhood pays only for its own maintenance needs, and it has no impact on the City’s General Fund as long as the special taxes collected are sufficient to cover annual costs.
Mayor Jordan opened the public hearing.
No public comments were received.
Mayor Jordan closed the public hearing.
MOTION:
Upon motion by Councilmember Aranda, seconded by Mayor Pro Tem Sabathia, the resolution levying the annual special tax for Community Facilities District No. 2018-01 for Fiscal Year 2026-27 was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; Page | 3 City Council Meeting Minutes (June 16, 2026)
ABSTAIN: None; ABSENT: Freels
C. Master Fee Schedule for City Services
City Manager Ashley Collick presented the updated Master Fee Schedule and stated that the item followed prior review at the April 21 informational presentation, the May 19 public hearing, and the May 26 study session. She explained that staff had evaluated Council and public input and made limited revisions, primarily reducing the Community Hall rental fee for local nonprofit organizations to zero. She said the fee schedule is intended to improve cost recovery, modernize outdated fees, establish fees for services that had not been codified, and provide a transparent, consistent framework for City services.
Council discussion included questions regarding whether nonprofit applicants must provide documentation and be in good standing, how to distinguish City nonprofits from countywide nonprofits, resident and nonresident Community Hall rental rates, and whether future policy direction should be brought back for county nonprofits that serve City residents. During discussion, the meeting was briefly paused due to a technical interruption and later resumed.
Council discussion also addressed special event and activity fees, private promoters, nonprofit and government agency events, multiday events, street closures, vendor-related fees, and the continued availability of fee-waiver requests for eligible events. Arielle Goodspeed and Kushboo Ingle clarified that the proposed fees reflect the calculated full cost of staff processing time and that private promoter fees cannot exceed full cost, while the Council retains discretion to reduce or waive certain fees as a policy decision when legally appropriate.
The City Council also discussed fire review and inspection fees for special events.
Councilmember Aranda asked whether applicants would be charged for services that do not apply to a particular event. Ms. Goodspeed and Deputy Fire Marshal Charlie Bedolla explained that fire permits and inspections depend on the scope of each event, that life-safety coordination may still be needed, and that not all events are charged for every possible fire-related review.
Mayor Jordan opened the public hearing.
The following members of the public commented on the report:
Cara Vonk expressed concerns about proposed tree removal fees and historic resource review fees, saying the costs could discourage maintenance and improvement of historic properties.
Michael Ponce supported charging for use of the baseball field at Abbey Park and suggested dedicating revenues to park maintenance. He also expressed concern regarding some fee increases.
Elise Brentnall requested postponement of the item to allow additional community outreach and discussion regarding the proposed fees
Mayor Jordan closed the public hearing.
Councilmember Morris-Lopez discussed nonprofit facility rental fees, documentation requirements for nonprofit status, and special event fees.
Page | 4 City Council Meeting Minutes (June 16, 2026)
Councilmember Aranda asked how fees apply to special events and whether applicants are charged only for services actually required.
Mayor Pro Tem Sabathia stated that the fee study had been discussed at multiple public meetings and supported moving forward with adoption while allowing future review of individual fees if necessary.
Mayor Jordan and Councilmembers discussed the need for cost recovery while retaining flexibility to adjust fees that provide community benefit.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Morris-Lopez, the resolution adopting the City of San Juan Bautista Master Fee Schedule for City services, effective August 15, 2026, and authorizing the City Manager or designee to implement annual increases to applicable fees based on the Consumer Price Index (CPI), was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
D. Ordinance Amending the San Juan Bautista Municipal Code to Add Chapter 9-5 Mobile Food Facilities and Sidewalk Vending to Title 9. (Introduction) Planning Manager Arielle Goodspeed presented the proposed first reading of the Mobile Food Facility and Sidewalk Vending Ordinance. She explained that the ordinance establishes a regulatory framework for mobile food facilities and sidewalk vendors operating within the City.
It expands beyond traditional food trucks to include all mobile food facilities recognized under California law, incorporates SB 946 sidewalk vending requirements, and sets objective operational standards to protect public health, safety, accessibility, and community character while supporting economic opportunity.
Ms. Goodspeed summarized the ordinance's history, including Planning Commission discussions, public workshops in May 2024, vendor and staff analysis in July 2024, Planning Commission Resolution 2024-05, and the City Council's prior first reading on November 19, 2024. She said the updated ordinance includes California Retail Food Code terminology, a dedicated sidewalk vendor section, ADA accessibility standards, and provisions for sanitation, waste, noise, permitting, renewal, suspension, revocation, definitions, and enforcement.
The proposed approved locations included the Alameda soccer field, McMullamy Street across from the gas station, Abbey Park, and a private commercial or mixed-use property. Ms.
Goodspeed explained that applicants would be required to submit a site plan, insurance, vehicle registration, county health permits, a fire permit or inspection documentation if necessary, and other applicable documentation. She also summarized operational standards for hours of operation, signage, trash, recycling, compost, grease and wastewater disposal, cleanliness, noise, ADA access, emergency access, and prohibition on overnight parking at approved locations.
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Councilmember Aranda expressed support for mobile food facilities and sidewalk vending opportunities and noted that the ordinance had been previously reviewed by the Planning Commission. He stated that mobile food vendors could support economic development in the community but emphasized the need to obtain input from local businesses. He also suggested exploring future economic development opportunities, including the possibility of an entertainment district and other activities to increase downtown activity and visitation.
Councilmember Morris-Lopez expressed support for the ordinance while emphasizing the need to consider potential impacts on existing downtown restaurants and businesses. She suggested evaluating operating days to minimize impacts on local establishments, particularly on days when many restaurants are closed. She asked whether existing restaurants could participate through temporary food vending operations and raised concerns about the proposed location near the Chevron station due to pedestrian safety. She also suggested evaluating additional locations, including Verutti Park, and requested clarification on vendors operating near the Mission and on compliance with health permit requirements.
Mayor Pro Tem Sabathia expressed support for continuing the ordinance's development and discussed the need to avoid regulations that could be interpreted as limiting lawful business competition. He asked questions about operating-hour limitations, private-property operations, existing conditional-use permits, and the process for incorporating Council revisions into the ordinance. He also supported further review of the proposed regulations before adoption.
Mayor Jordan requested clarification on several provisions of the ordinance, including approved vendor locations, sidewalk vending, operating hours, permit requirements, and operations on private property. She raised concerns about potential future conflicts at the proposed location near the future San Benito Health Foundation site and identified inconsistencies in the ordinance regarding operating hours. Mayor Jordan also expressed interest in initially limiting operations to specific days of the week and requested further review of the ordinance before proceeding with adoption.
The City Council directed staff to conduct additional outreach to local businesses, review potential operating days and locations, clarify operating-hour limitations, evaluate provisions related to private-property operations and existing land-use approvals, and return with revised ordinance language for further discussion before adoption. Staff was also directed to bring the item back for additional discussion before scheduling a second reading.
Mayor Jordan opened the public hearing.
No public comments were received.
Mayor Jordan closed the public hearing.
The City Council directed staff to return on August 18, 2026, with the ordinance as a discussion item, including redline options and responses to the Council comments, before bringing the ordinance back for a later second reading and adoption.
Page | 6 City Council Meeting Minutes (June 16, 2026)
E. Adoption of the 2025 San Benito Urban Water Management Plan and Water Shortage Contingency Plan
Dana Jacobson presented the 2025 San Benito Urban Area Urban Water Management Plan and Water Shortage Contingency Plan. She explained that the plan is a state-required compliance document prepared every five years and that San Juan Bautista is included through the regional Water Resources Association partnership with the City of Hollister, Sunny Slope County Water District, and the San Benito County Water District. She said Todd Groundwater prepared the plan, which addresses water supplies, projected demands, conservation, drought risk, and shortage response. The plan is necessary to remain eligible for certain state grant and loan funding.
The presentation noted that future demand estimates rely on the 2023 Water and Wastewater Master Plan, that each agency now reports water demand and the aggregate, and that future updates should incorporate updated growth assumptions from the City's Housing Element and planning work. Ms. Jacobson reported that local water supplies are generally healthy, that imported water and groundwater blending remain important for water quality and wastewater compliance, and that conservation efforts have reduced overall urban water use compared with prior decades.
Mayor Jordan opened the public hearing.
The following members of the public commented on the report:
Michael Ponce commented on the growth-rate assumptions used in the plan and stated that the Urban Growth Boundary/Sphere of Influence Committee and Housing Element work referenced a 1.9 percent growth rate rather than 3.5 percent. He also suggested that local and regional agencies consider asking the State to provide flexibility on wastewater permit limits during drought years when less imported water is available for blending.
Mayor Jordan closed the public hearing.
MOTION:
Upon motion by Councilmember Morris-Lopez, seconded by Mayor Pro Tem Sabathia, the resolution adopting the 2025 San Benito Urban Water Management Plan and Water Shortage Contingency Plan was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
3. CONSENT
A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Treasurer's Report and Monthly Financial Statements
D. Environmental Purchasing Policy (SB 1383)
Page | 7 City Council Meeting Minutes (June 16, 2026)
Recommendation: Approve a RESOLUTION adopting the Environmental Purchasing Policy to help comply with the post-consumer recycled content paper product requirements required by SB 1383.
E. Approve a RESOLUTION of the City Council of the City of San Juan Bautista adopting a City Holiday Schedule for Fiscal Year 2026-2027.
F. Adopting a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act of 2017
Recommendation: Approve a RESOLUTION subject to final review, revision, and approval by the City Manager and the City Engineer, adopting the Fiscal Year 2026/27 List of Projects Funded by SB 1: The Road Repair and Accountability Act.
G. San Juan Day Street Closure
Recommendation: Approve a RESOLUTION authorizing temporary street closures on Sunday, August 9, 2026, for San Juan Day.
H. 2026 San Juan Day Co-Sponsorship and Fee Waiver
Recommendation: Approve a RESOLUTION authorizing the City to co-sponsor the 2026 San Juan Day, provide in-kind services, and waive applicable City fees associated with the event.
I.2026 Market and Food Truck Series
Recommendation: Approve a RESOLUTION authorizing staff to organize, administer, and implement a city-sponsored limited-term 2026 Market and Food Truck Series.
J. Downtown Trash Enclosure Feasibility, Funding, and Potential Locations to Support Compliance with Mandatory Refuse and Recycling Collection Requirements
Recommendation: Approve a RESOLUTION authorizing staff to evaluate the feasibility of shared trash, recycling, and organic waste enclosures within the downtown area and return to the City Council with findings and recommendations.
K. Recognition of S&P Global Ratings Affirmation of the City's A- Enterprise Revenue Bond Rating and Revision of Outlook to Stable
Recommendation: Approve a Resolution acknowledging S&P Global Ratings' affirmation of the City's A- Enterprise Revenue Bond Rating and revision of the rating outlook from Negative to Stable.
L. Direction Regarding Level of Service Assumptions for the San Benito County Traffic Impact Mitigation Fee (TIMF) Nexus Study
Recommendation: Approve a RESOLUTION directing SBCOG and the TIMF Nexus Study consultant to utilize Level of Service (LOS) C as the City of San Juan Bautista's traffic operations assumption for purposes of preparing the regional Traffic Impact Mitigation Fee Nexus Study.
M. Public Safety, Public Works, and Community Services Department Update Recommendation: Receive an update on Public Safety, Public Works, Recreation, and the Library Departments for May 2026.
N. Community Development Department Update
Recommendation: Receive an update on the Community Development Department for May 2026.
Page | 8 City Council Meeting Minutes (June 16, 2026)
O. Minutes
Recommendation: Approve the Meeting Minutes of May 19, 2026, and May 26, 2026.
May 19 and May 26 minutes were tabled.
MOTION:
Upon motion by Councilmember Aranda, seconded by Mayor Pro Tem Sabathia, consent agenda Items A- E, G-H, K-L, and N were approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
Item F. Adopting a List of Projects for Fiscal Year 2025-26 Funded by SB 1: The Road Repair and Accountability Act of 2017.
The following members of the public commented on the report:
Cara Vonk requested that the public be notified and provided an opportunity to comment on proposed road repair projects and design details, particularly where historic hardscape, scoring, texture, color, and tactile warning materials may be affected.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Morris-Lopez, Item F was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
Item I. 2026 Market and Food Truck Series.
City Manager Collick explained that the item would allow the City to work with the community to activate spaces for economic development and to plan summer activities, including possible movie nights and food trucks, while the mobile food facility ordinance continues to be developed.
MOTION:
Upon motion by Councilmember Aranda, seconded by Mayor Pro Tem Sabathia, Item I was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
Item J. Downtown Trash Enclosure Feasibility, Funding, and Potential Locations to Support Compliance with Mandatory Refuse and Recycling Collection Requirements.
Page | 9 City Council Meeting Minutes (June 16, 2026)
Cara Vonk asked whether the item would apply only to commercial businesses or also to public trash facilities. She noted the rustic public barrels in the National Register Historic District and said any future approach should maintain the City's historic character.
MOTION:
Upon motion by Councilmember Aranda, seconded by Mayor Pro Tem Sabathia, Item J was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
Item M. Public Safety, Public Works, and Community Services Department Update.
The following members of the public commented on the report:
Michael Ponce, Vice Chair of the San Juan Bautista Service Club, requested a monthly report on Abbey Park activities and discussed park use, administration, and ongoing efforts related to the Abbey Park Sports Group Use Procedure
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Morris-Lopez, the Public Safety, Public Works, and Community Services Department Update was received.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
4. ACTION ITEMS
A. Adoption of the FY 2026-27 Operational and Capital Budget and Related Fiscal Balancing Adjustments
City Manager Ashley Collick presented the Fiscal Year 2026-27 operating budget, capital improvement plan, and fiscal balancing plan. She stated that the budget reflects the priorities discussed at the May 26 budget study session, along with additional public input and staff analysis. She explained that the City continues to face financial challenges, but the proposed budget maintains essential municipal services, advances critical infrastructure projects, and provides a balanced financial plan for the upcoming fiscal year.
City Manager Collick stated that the budget process focused on long-term fiscal sustainability, infrastructure obligations, operational pressures, and structural financial challenges. She reported that additional departmental review and allocation refinements identified a combined General Fund and Community Development funding gap of approximately $775,000.
City Manager Collick reviewed cost-containment measures, including staffing adjustments, operational restructuring, consultant reductions, service internalization, position management, and a line-by-line review of needs versus wants. She noted that the proposed budget does not include a cost-of-living adjustment for employees for the second consecutive year and that nonessential requests were reduced, deferred, or eliminated. She also explained that code Page | 10 City Council Meeting Minutes (June 16, 2026)
enforcement was aligned with Community Development, and engineering functions were aligned with Public Works to better reflect operational responsibilities and cost recovery.
The City Manager presented the proposed fiscal balancing strategy, which includes approximately $220,000 from the Library Impact account, $300,000 from PARSAC funds, and $255,000 from a partial repayment of interfund loan obligations owed by the water and sewer enterprise funds to the General Fund. She clarified that the enterprise repayment is not a new loan but a partial repayment of an existing obligation and stated that the water and sewer enterprise funds could accommodate the repayment without adversely affecting operations, capital projects, regulatory compliance, debt obligations, or reserve levels. She reported that the combined funding sources eliminate the remaining budget gap and result in a balanced Fiscal Year 2026-27 budget.
The presentation also addressed long-term strategies, including implementing the user fee study, improving cost recovery, advancing economic development, strengthening revenue, and diversifying revenue. Ms. Collick highlighted capital improvement projects, including the Imported Water Project, Pavement Management Program, downtown revitalization, fire engine procurement, urban boundary and sphere planning, and the Sewer Force Main Project. She clarified that the urban boundary and sphere planning work is not intended to expand the City's boundaries but to implement prior Council direction and complete related planning, environmental review, and LAFCO coordination.
Mayor Jordan opened the public hearing.
Cara Vonk expressed support for adopting a balanced budget and requested that the City profile in the budget document reference the City's National Register Historic District.
Michael Ponce expressed concerns regarding the City's long-term financial sustainability, staffing costs, departmental expenditure, capital purchases, and future budget obligations.
Mayor Jordan closed public comment.
Mayor Jordan closed the public hearing.
Councilmember Aranda thanked staff for the budget preparation process and efforts to balance the budget. He discussed service improvements, organizational changes, updating the City's fee schedule, infrastructure investments, and the importance of long-term fiscal planning.
Councilmember Morris-Lopez thanked staff and City employees for their work on the budget and acknowledged employees for foregoing cost-of-living adjustments for a second consecutive year. She discussed fiscal sustainability, responsible growth, economic conditions, and the importance of maintaining a balanced budget while continuing to meet community needs.
Mayor Pro Tem Sabathia thanked staff for developing a balanced budget and discussed the need for long-term financial sustainability, maintaining service levels, improving economic activity, and building upon recent organizational improvements. He also discussed balancing community expectations with available resources.
Page | 11 City Council Meeting Minutes (June 16, 2026)
Mayor Jordan thanked staff for their work on the budget, acknowledged employees for foregoing cost-of-living adjustments, and discussed fiscal balancing measures, departmental accountability, and the importance of maintaining core municipal services while planning for future financial needs.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Aranda, the resolution adopting the Fiscal Year 2026-27 Operating and Capital Budget, including revised appropriations, expenditure reductions, operational adjustments, and related fiscal balancing measures, was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
Mayor Jordan adjourned to a brief recess at 9:04 p.m., and reconvened at 9:20 p.m.
B. Disruption of Telephonic or Internet Service During Public Meetings Policy City Clerk Elizabeth Soto presented the proposed policy regarding disruption of telephonic or internet service during public meetings. She stated that the policy implements recent Brown Act amendments under Senate Bill 707 and establishes procedures for responding when remote public access is interrupted due to technology failures. She explained that the policy addresses announcing a disruption, recessing the meeting while staff makes good faith efforts to restore service, reconvening the meeting when appropriate, and documenting restoration efforts in the meeting record. She stated that the policy must be implemented by July 1.
Council discussion included questions regarding how long the City Council must recess during a technology disruption, whether the Council could continue a meeting if remote access could not be restored, and how the City would notify the public. City Clerk Soto stated that the policy provides for at least a one-hour recess, that additional time may be taken if needed, and that the City Council could decide whether to continue without full remote technology or continue the meeting to another date, provided the required steps and restoration efforts are documented in the minutes.
Councilmember Aranda asked about procedures if staff could not restore service and whether the City would provide public notification. In response, City Clerk Soto explained that the Council could recess the meeting while staff attempted to restore service and that the meeting record would document restoration efforts and notifications.
Councilmember Morris-Lopez asked whether the Council could continue a meeting if remote participation services could not be restored. In response, City Clerk Soto explained that the Council could determine whether to continue the meeting or continue the item to a future meeting, consistent with the policy requirements.
No public comments were received.
Page | 12 City Council Meeting Minutes (June 16, 2026)
MOTION:
Upon motion by Councilmember Aranda, seconded by Councilmember Morris-Lopez, the resolution adopting Policy Regarding Disruption of Telephonic or Internet Service During Public Meetings to establish procedures for responding to disruptions in remote public access during City Council meetings was approved.
AYES: Councilmembers: Aranda, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Freels
5. ADMINISTRATIVE REPORT
A. The Urban Land Institute (ULI) Technical Assistance Panel (TAP) Program and Potential Application for Downtown Evaluation
Claire Lowe, Public Sector and Community Engagement Coordinator for Urban Land Institute San Francisco, presented information regarding ULI and the Technical Assistance Panel program with Mariana Ricker and Jason Dries-Daffner. Ms. Lowe explained that ULI is a global memberbased nonprofit focused on land use and the built environment, and that ULI San Francisco has more than 2,300 members across the Greater Bay Area representing public, private, nonprofit, academic, development, design, engineering, legal, and real estate sectors.
Ms. Lowe explained that a TAP is an intensive two-day workshop that brings together volunteer expert panelists to provide objective and implementation-oriented recommendations for complex land use issues. She described the process as including City preparation of a briefing book, development of focused questions, a site tour, stakeholder interviews, a closed-door working session, presentation of findings, a final report, a public webinar, and later follow-up with the City.
Ms. Ricker and Mr. Dries-Daffner described prior TAP examples, including Orinda, St. Helena, Dublin, Vacaville, and other communities. They explained that TAPs may address downtown revitalization, retail, housing, affordability, policy or regulatory questions, placemaking, branding, site-specific challenges, development economics, land use, and community compatibility. They emphasized that panel recommendations typically identify near-term actions, medium-term steps, and longer-term strategies.
Councilmember Aranda asked about the cost of the TAP program, the panel's ability to complete its work within the proposed timeframe, potential funding sources for implementing recommendations, and whether the City budget currently identified funding. He expressed concern that recommendations could be difficult to implement without available funding.
Councilmember Morris-Lopez discussed the unique historic character of San Juan Bautista, including its relationship with the State Historic Park and Mission, and asked how the TAP process would address historic preservation, local stakeholder involvement, and the unique needs of a small community. She emphasized the importance of including property owners and preserving the community's historic character in any future planning effort.
Page | 13 City Council Meeting Minutes (June 16, 2026)
Mayor Pro Tem Sabathia said the presentation was informative and that the program could provide value to the City; however, he expressed concerns about the financial commitment and indicated he would support pursuing the program only if outside funding became available.
Mayor Jordan thanked the presenters for their time and discussed pursuing the TAP program if grant funding, donations, or other funding opportunities become available in the future.
The following members of the public commented on the report:
Cara Vonk stated that the City has participated in numerous studies and assessments over the years and expressed concern that additional studies would not address existing issues. She suggested directing available funds toward business assistance and downtown economic support efforts.
Michael Ponce suggested holding a community town hall meeting to gather residents' ideas on downtown revitalization. He expressed concerns regarding the cost of the TAP program and whether recommendations would be financially feasible for a small community such as San Juan Bautista.
The City Council received the presentation and directed staff to continue monitoring potential grant or outside funding opportunities for a future TAP application. The Council expressed interest in revisiting the program if funding becomes available.
6. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees
B. City Council and Staff Announcements
Item 6, Informational items and reports, was tabled to the August 18, 2026, meeting.
7. ADJOURNMENT
Upon motion by Councilmember Aranda, seconded by Councilmember Morris-Lopez, the meeting was adjourned.
There being no other business, Mayor Jordan adjourned the meeting at 10:08 p.m.
APPROVED:
______________________
Leslie Q. Jordan, Mayor
Page | 14 City Council Meeting Minutes (June 16, 2026)
ATTEST:
______________________
Elizabeth Soto, City Clerk
Page | 1 City Council Meeting Minutes (August 11, 2026)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
AUGUST 11, 2026
1. CALL TO ORDER
Mayor Jordan called the special meeting to order at 5:39 p.m. in the Council Chambers, located at 311 Second Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE
Councilmember Freels led the Pledge of Allegiance
ROLL CALL Present:
Councilmember Scott Freels
Councilmember Jackie Morris-Lopez
Mayor Pro Tem EJ Sabathia - arrived at 5:56 p.m.
Mayor Leslie Q. Jordan
Absent:
Councilmember Jose Aranda (excused)
Staff Present:
Ashley Collick, City Manager
Jon R. Giffen, City Attorney
Elizabeth Soto, City Clerk
Also present:
Roy Morales, Assistant to the City Manager
Arielle Goodspeed, Planning Manager
Victor M. Tafoya, Associate Planner
2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista et al. (California Government Code section 54956.9(d)(1)).
No public comments were received.
Mayor Jordan adjourned the meeting to closed session at 5:41 p.m. and reconvened the special meeting at 6:04 p.m.
City Attorney Giffen reported that the City Council heard from the City Attorney and outside counsel, considered its options, and took no reportable action.
Page | 2 City Council Meeting Minutes (August 11, 2026)
3. PRESENTATION
A. Monterey Bay Economic Partnership Update – Matt Huerta, Senior Advisor, Housing Matt Huerta, Senior Advisor for Housing with the Monterey Bay Economic Partnership (MBEP), provided an update on MBEP’s regional work in economic and workforce development, housing, broadband and digital access, and innovation and technology. He highlighted housing advocacy and employer-sponsored housing, regional broadband funding and digital-skills programs, the Farm Robotics Challenge, the California Air Mobility Corridors initiative, and upcoming MBEP events.
No public comments were received.
4. CONSENT
A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Development Impact Fee Nexus Consideration Review and Confirm the Continuation of the City’s Existing Development Impact Fees Recommendation: Approve a RESOLUTION of the City Council of the City of San Juan Bautista Accepting the Development Impact Fee Nexus Consideration Review and Confirming Continuation of the City’s Existing Development Impact Fee.
D. Use of City Property for Banners and Temporary Signage Policy Recommendation: Approve a RESOLUTION adopting a Policy on the Use of Property for Banners and Temporary Signs
E. City Parks and Facilities Use Policy
Recommendation: Approve a RESOLUTION Adopting the City of San Juan Bautista Parks & Facilities Use Policy and authorize the City Manager to administer city park and facility reservations in accordance with the adopted Policy.
F. Update on State Route 156 At the Alameda Eastbound Right-Hand Turn Lane Improvement Project
Recommendation: Receive an update on State Route 156 at the Alameda Eastbound RightHand Turn Lane Improvement Project G. Municipal Communications Facilities Policy
Recommendation: Approve a RESOLUTION adopting the City of San Juan Bautista Municipal Communications Facilities Policy, and authorize the City Manager to develop administrative procedures, standard agreements, and forms necessary to implement the policy.
MOTION:
Upon motion by Councilmember Morris-Lopez, seconded by Councilmember Freels, consent agenda Items A, B, F, and G were approved.
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Councilmember Aranda
Item C. Development Impact Fee Nexus Consideration Review and Confirm the Continuation of the City’s Existing Development Impact Fees
Page | 3 City Council Meeting Minutes (August 11, 2026) Planning Manager Arielle Goodspeed and City Manager Ashley Collick presented the Development Impact Fee Nexus Consideration Review, prepared in accordance with state law requirements, and recommended continuing the City's existing development impact fees.
Councilmember Morris-Lopez questioned the findings that did not support increasing development impact fees despite anticipated development activity. She expressed concern about relying on projected growth assumptions from the 2035 General Plan while Urban Growth Boundary and Sphere of Influence amendments remain pending. She emphasized the need to ensure future development contributes adequately toward infrastructure needs and requested clarification regarding the relationship between future growth projections and impact fee calculations.
Planning Manager Goodspeed explained that state law requires a demonstrated nexus between projected development and infrastructure impacts. Based on current growth projections and planned development activity, the review did not support increasing fees at this time. She noted that impact fees may be reevaluated as future growth occurs.
City Manager Collick explained that development agreements remain available to address project-specific infrastructure and operational impacts associated with future development proposals.
Mayor Pro Tem Sabathia noted that the review maintained existing fee levels and did not recommend reductions. He acknowledged the limitations imposed by state nexus requirements and supported periodic reevaluation as development occurs.
Councilmember Freels stated that nexus studies must comply with strict state standards and supported maintaining the current fee structure based on the review's findings.
No public comments were received.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Freels, the resolution accepting the Development Impact Fee Nexus Consideration Review and confirming continuation of the City’s existing development impact fees was approved.
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Councilmember Aranda
Item D. Use of City Property for Banners and Temporary Signage Policy Mayor Jordan requested that the policy be amended to replace “may” with “shall” in the enforcement provisions so that unauthorized items on City-owned property are removed and installations that damage property, interfere with maintenance, or create hazards are prohibited and removed.
No public comments were received.
Page | 4 City Council Meeting Minutes (August 11, 2026) MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Freels, the resolution adopting a Policy on the Use of City Property for Banners and Temporary Signs, was approved as amended.
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Councilmember Aranda
Item E. City Parks and Facilities Use Policy
Councilmember Freels supported adopting a formal policy and stated that clear rules were needed to govern park and facility reservations, maintenance responsibilities, enforcement, and liability. He emphasized protecting City facilities, ensuring maintenance remains the responsibility of City staff, and giving priority consideration to City residents when reserving facilities.
Councilmember Morris-Lopez supported establishing clear policies and discussed resident priority, recurring reservations for community programs, volunteer participation, facility uses, administrative procedures, and fee administration. She requested additional clarification regarding reservation procedures and implementation.
Mayor Jordan stated that the Junior Giants program is a City-sponsored program and that the City's fee schedule already established applicable fees. She expressed support for the policy and noted it provides necessary authority to manage City facilities and reservations.
The following members of the public commented on the report:
Michael Ponce requested additional clarification regarding the Abbey Park deed restriction, resident priority, reservation procedures, annual scheduling, maintenance activities, fees, appeals, and administration of Abbey Park revenues. He recommended revising the policy and returning it for additional consideration.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Freels, the resolution adopting the City of San Juan Bautista Parks & Facilities Use Policy and authorizing the City Manager to administer City Park and facility reservations in accordance with the adopted policy was approved.
AYES: Councilmembers: Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES: None; ABSTAIN: None; ABSENT: Councilmember Aranda
Page | 5 City Council Meeting Minutes (August 11, 2026)
5. ACTION
A. Historic Downtown Revitalization Strategy: Economic Development Priorities Planning Manager Arielle Goodspeed presented findings from the Downtown Economic Development Survey and Business Community Listening Session. Staff identified four focus areas: business support and investment, tourism and visitor experience, regulatory improvements and business-friendly processes, and downtown experience and public realm improvements.
Staff requested City Council direction on downtown economic development priorities and potential amendments to formula business regulations outside the historic downtown area.
The following members of the public commented on the report:
Cara Vonk recommended providing clearer permit guidance, identifying desired business types, and considering incentives to attract compatible businesses. She cautioned that reopening formula business regulations could be divisive.
Michael Ponce emphasized improving communication between the City and businesses, increasing outreach efforts, supporting downtown beautification, and exploring partnerships to assist new businesses.
Councilmember Freels supported improving permitting processes and communication with applicants. He emphasized the importance of downtown cleanliness, maintenance, beautification, and providing clearer explanations of permit requirements and timelines.
Councilmember Morris-Lopez supported continued outreach with business owners and property owners. She discussed the importance of identifying vacant commercial inventory, engaging property owners regarding building conditions and occupancy challenges, and evaluating strategies to attract desired businesses to downtown.
Mayor Pro Tem Sabathia supported continued evaluation of formula business regulations outside the historic downtown area. He emphasized permit streamlining, improved communication, tourism promotion, business attraction efforts, and development of implementation priorities.
Mayor Jordan supported downtown beautification, accessibility improvements, wayfinding, business attraction efforts, and evaluation of formula business regulations. She emphasized the importance of maintaining downtown's historic character while encouraging economic activity and property reinvestment.
The City Council identified Regulatory Improvements and Business-Friendly Processes, Tourism and Visitor Experience, and Business Support and Investment as the City's initial economic development priorities.
The Council directed staff to focus on permitting streamlining, communication improvements, vacant-building inventory and outreach, vacancy registration implementation, tourism initiatives, and potential amendments to formula business regulations for commercial mixed-use properties outside the historic downtown area. Staff was further directed to return with implementation plans, timelines, fiscal analysis, and any necessary policy or ordinance amendments.
No formal action was taken.
Page | 6 City Council Meeting Minutes (August 11, 2026)
6. ADJOURNMENT
Motion to adjourn the meeting by Mayor Pro Tem Sabathia, seconded by Councilmember Freels.
There being no other business, Mayor Jordan adjourned the meeting at 7:53 p.m.
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Page | 1 City Council Meeting Minutes (August 18, 2026)
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL
UNOFFICIAL MEETING MINUTES
AUGUST 18, 2026
1. CALL TO ORDER
Mayor Jordan called the regular meeting to order at 5:04 p.m. in the Council Chambers, located at 311 Second Street, San Juan Bautista, California.
PLEDGE OF ALLEGIANCE
Councilmember Morris-Lopez led the Pledge of Allegiance.
ROLL CALL Present:
Councilmember Jose Aranda
Councilmember Scott Freels
Councilmember Jackie Morris-Lopez
Mayor Pro Tem EJ Sabathia - arrived at 6:02 p.m.
Mayor Leslie Q. Jordan
Absent:
Staff Present:
Ashley Collick, City Manager
Jon R Giffen, City Attorney
Elizabeth Soto, City Clerk
Also present:
Roy Morales, Assistant to the City Manager
Arielle Goodspeed, Planning Manager
Victor M Tafoya, Associate Planner
2. CLOSED SESSION – 5:00 P.M. – 6:00 P.M.
a. Conference with Legal Counsel—Existing Litigation – Orozco v. City of San Juan Bautista et al. (California Government Code section 54956.9(d)(1)). b. Conference with Legal Counsel—Anticipated Litigation – Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9(e)(2): (1 case).
c. Public Employee Performance Evaluation – (California Government Code section 54957(b)(1)) – City Attorney.
No public comments were received.
Mayor Jordan recessed the meeting to Closed Session at 5:06 p.m. and reconvened the regular Page | 2 City Council Meeting Minutes (August 18, 2026) meeting at 6:02 p.m.
City Attorney Giffen reported on Item 2A, with no reportable action; provided direction on Item 2B; and continued Item 2C until later in the meeting.
3. PROCLAMATION / COMMENDATION
The City of San Juan Bautista proclaimed:
A. National Health Center Week, August 2-6, 2026
B. National Breastfeeding Awareness Month, August 2026
4. PUBLIC COMMENT
Received comments from the following members of the public:
Beth Welch raised concerns about delays and communication related to an insurance claim and business license renewal.
Michael Ponce commented on a private-property dispute and requested removal of vehicles and debris.
Chris Perez requested consistent enforcement of fence requirements and a written response regarding the property at 701 Second Street.
Casey Anderson raised privacy and data-security concerns regarding automated license-plate reader cameras.
Megan Ring introduced herself as PG&E’s new Government Relations Director.
5. PUBLIC HEARING
A. Recology Annual Rate Adjustment and Maximum Allowable Solid Waste Collection Rates
Kathryn Ramirez, Staff Analyst with San Benito County Integrated Waste Management, presented the proposed solid waste rates and Proposition 218 protest process. She explained that the franchise agreement establishes the annual adjustment methodology, the proposed fiscal year 2026-27 increases approximately 0.5 percent across service categories, and the multi-year schedule allows maximum annual adjustments of up to 5 percent in later years. She stated that the hearing had been continued from June so additional notice could be provided.
Staff received 18 written protests, and 296 were required for a majority protest. Staff also clarified that the first notice was sent to customers and the re-notice to property owners.
Mayor Jordan opened the public hearing.
The following members of the public commented on the report:
Lenora and John Ursula (email submitted) raised concerns regarding the effect of the rates on seniors with fixed incomes and part-time residents. They requested consideration of reduced or seasonal service rates and questioned the multi-year maximum schedule.
Mayor Jordan closed the public hearing.
Page | 3 City Council Meeting Minutes (August 18, 2026) MOTION:
Upon motion by Councilmember Aranda, seconded by Mayor Pro Tem Sabathia, the Council approved the resolution adopting the annual adjustment and establishing the maximum allowable solid waste collection rates.
AYES: Councilmembers: Aranda, Sabathia, and Mayor Jordan; NOES: Councilmembers Freels and Morris-Lopez; ABSTAIN: None; ABSENT: None
6. CONSENT
A. Approve the Affidavit of Posting Agenda
B. Waive Reading of Resolutions and Ordinances on the Agenda Beyond Title C. Treasurer's Report and Monthly Financial Statements
Recommendation: Accept the financial report for June 2026.
D. Approve the On-Call Consultant List of Fourteen (14) Consultants for Environmental Review and Planning Consulting Services
Recommendation: Approve a RESOLUTION approving 14 consultants for inclusion on the City's On-Call Environmental Review and Planning Consulting Services List for a three-year term beginning August 18, 2026, and ending June 30, 2029; and authorize the City Manager to execute on-call Professional Services Agreements for the approved term.
E. Award of Professional Services Agreement to Robert D. Niehaus, Inc. for a Sewer Rate Study
Recommendation: Approve a RESOLUTION awarding a Professional Services Agreement to Robert D. Niehaus, Inc. in an amount not to exceed $28,320 for preparation of the City's Sewer Rate Study; authorize the City Manager to execute the agreement and make minor, nonsubstantive modifications approved by the City Attorney.
F. Joint Agreement with Community Media Access Partnership (CMAP) for Public, Educational, and Government (PEG) Media Services
Recommendation: Approve a RESOLUTION authorizing a joint services agreement between the City of San Juan Bautista, City of Hollister, and Community Media Access Partnership for PEG media services; and authorize the City Manager to execute the agreement.
G. Public Safety Update
Recommendation: Receive an update on monthly public safety statistics for June and July 2026.
H. Public Works, Library and Recreation Department Update Recommendation: Receive an update for June and July 2026.
I. Community Development Department Update
Recommendation: Receive an update for June and July 2026.
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.
Page | 4 City Council Meeting Minutes (August 18, 2026) The minutes were tabled.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Freels, consent agenda Items A-C, E-H, and I were approved.
AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
Item D. Approve the On-Call Consultant List of Fourteen (14) Consultants for Environmental Review and Planning Consulting Services
Planning Manager Goodspeed explained that an on-call list would shorten the procurement period for future project-specific environmental or planning work. Individual scopes would still be competitively requested, the lowest qualified proposal would be selected, and any project contract and budget amendment would return for approval as required. She stated that approval of the list did not add a current budget expense and that applicant-funded work would be supported by applicant deposits.
Councilmember Freels questioned the number of firms and requested removal of Four Leaf, Inc. based on the City's prior experience with the firm. Council discussion also addressed staff capacity, the consultant review process, and whether the City could choose which qualified firms to include.
The following members of the public commented on the report:
Michael Ponce questioned the need for 14 consultants, whether existing staff could perform some of the work, the inclusion of Four Leaf, Inc., and the inclusion of BKF Engineers while it was already working with the City.
MOTION:
Upon motion by Councilmember Freels, seconded by Mayor Pro Tem Sabathia, the resolution approving 13 consultants for inclusion on the City's On-Call Environmental Review and Planning Consulting Services List for the stated term, excluding Four Leaf, Inc., and authorizing the City Manager to execute the on-call Professional Services Agreements was approved as amended.
AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
7. ACTION
A. Authorization for Design and Construction of a Downtown Shared Trash, Recycle, and Organics Enclosure on Mariposa Street
Planning Manager Goodspeed presented the proposal to begin design and outreach for a shared trash, recycling, and organics enclosure serving downtown businesses that lack space outside the public right-of-way. Staff evaluated Mariposa, Washington, and Polk Streets with Public Works, Page | 5 City Council Meeting Minutes (August 18, 2026) engineering, Recology, and Integrated Waste, and identified Mariposa Street as the preferred operational location. The preliminary authorization was not to exceed $100,000 from restricted solid-waste revenues and grant funds, including approximately $60,000 in SB 1383 grant funding with a November 1 deadline.
Councilmember Aranda asked about project funding, affected businesses, future maintenance responsibilities, enclosure size, and compatibility with downtown events.
Councilmember Freels supported the project, suggested evaluating locations closer to Fourth Street and outside the Historic District, and discussed operational considerations.
Councilmember Morris-Lopez raised concerns regarding business access, parking impacts, visibility, and whether the issue warranted a centralized facility.
Mayor Pro Tem Sabathia supported evaluating locations outside the Historic District and requested stakeholder outreach that considers walking distances and operational equity among businesses.
The following members of the public commented on the report:
John Hopper expressed concerns regarding traffic visibility and safety, questioned the origin of the complaints prompting the proposal, suggested researching the adjacent parcel's history, and encouraged equitable enforcement.
MOTION:
Upon motion by Mayor Pro Tem Sabathia, seconded by Councilmember Aranda, the resolution was amended to evaluate a Mariposa Street location closer to Fourth Street and outside the Historic District while conducting stakeholder outreach, including consideration of potential easement opportunities.
AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
B. Appointment of Representatives to the Regional Agency Governance and Franchise Review Ad Hoc Committee
City Manager Collick explained that the regional agency proposed a staff-level committee to review its governance structure and prepare for the next solid waste franchise agreement. She said staff participation would allow the City to address concerns raised about rates and the future hauler-selection and negotiation process. Councilmembers supported having the City Manager and Planning Manager participate.
No public comments were received.
MOTION:
Upon motion by Councilmember Aranda, seconded by Mayor Pro Tem Sabathia, the City Manager and Planning Manager were appointed as the City's representatives to the Regional Agency Governance and Franchise Review Ad Hoc Committee.
Page | 6 City Council Meeting Minutes (August 18, 2026) AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
C. Historic Resources Board / Planning Commission Vacancy The City Council Ad Hoc Committee reported that it invited six applicants to interviews, four complete interviews, and all four candidates demonstrated strong qualifications and interest in serving the community. The committee recommended appointing Nick Leggett to the term ending December 2026 and Stephanie Correa to the term ending December 2028.
No public comments were received.
MOTION:
Upon motion by Councilmember Aranda, seconded by Councilmember Freels, the ad hoc committee's recommendation was accepted, and Nick Leggett was appointed to the term ending December 2026 and Stephanie Correa was appointed to the term ending December 2028.
AYES: Councilmembers: Aranda, Freels, Morris-Lopez, Sabathia, and Mayor Jordan; NOES:
None; ABSTAIN: None; ABSENT: None
8. INFORMATIONAL ITEMS AND REPORTS
A. Reports from City Council Representatives to Regional Organizations and Committees
Councilmember Aranda reported that he could not attend the AMBAG meeting, attended an Integrated Waste meeting that led to the formation of the regional governance and franchisereview committee, and participated in a San Benito Health Foundation food-distribution event.
Mayor Pro Tem Sabathia reported on a Green Business event with Senator Laird and regional waste-management representatives. He also reported on a regional wastewater governance meeting regarding the A-DROP groundwater project, results from five test wells, and a proposal to add capacity at San Luis Reservoir.
Mayor Jordan reported that she also attended the regional wastewater governance meeting. She reported that LAFCO received an inquiry about forming a special district, approved written determinations for the San Juan Bautista and Hollister Municipal Service Reviews, and approved the annexation of the Toro Petroleum County island into the City of Hollister. She also reported on Water Resources Association rebates and exchange programs for turf, toilets, and water softeners.
B. City Council Announcements
Councilmember Aranda announced Play Music on the Porch Day on Saturday, August 22, 2026, beginning at 11:00 a.m.; free Movies in the Park on Saturdays through September 12; and Frolic & Revel events, planned by the San Juan Bautista Business Association, on Saturdays from Page | 7 City Council Meeting Minutes (August 18, 2026) September 19 through October 24.
Councilmember Freels announced that the Native Daughters would host early California-style music at approximately 10:30 a.m. on Play Music on the Porch Day and encouraged the public to support VFW Post 6359 at football-season potlucks.
Councilmember Morris-Lopez announced vacancies on the San Benito County Council of Governments Measure G Committee and encouraged interested representatives from education, the Latinx community, seniors, and the disabled community to contact the Council of Governments.
Mayor Pro Tem Sabathia had no announcements. Mayor Jordan encouraged the public to attend Movies in the Park.
CLOSED SESSION
c. Public Employee Performance Evaluation – (California Government Code section 54957(b)(1)) – City Attorney.
Mayor Jordan adjourned the meeting to closed session at 8:06 p.m., and adjourned at 8:20 p.m.
The Mayor reconvened open session at 8:21 p.m.
City Attorney reported that direction was provided on item 2.c.
9. ADJOURNMENT
Motion to adjourn by Councilmember Morris-Lopez, seconded by Councilmember Freels.
There being no other business, the Mayor adjourned the meeting at 8:22 p.m.
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
______________________
Elizabeth Soto, City Clerk
Item: 7.A
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: ADMINISTRATION/CITY CLERK
FROM: ELIZABETH SOTO, CMC, CPMC, CITY CLERK /
ADMINISTRATIVE SERVICES MANAGER
BY:
TITLE: LEAGUE OF CALIFORNIA CITIES (LCC) VOTING DELEGATE RECOMMENDED MOTION:
Delegate a Voting Delegate and Alternate for the League of California Cities Annual Conference and Expo, September 23-25, 2026.
RECOMMENDATION:
It is recommended that the City appoint a delegate and an alternate voting delegate for the annual League of California Cities General Assembly on policy resolutions and further authorize the City’s delegate to vote on the Cal Cities’ proposed policy resolutions.
EXECUTIVE SUMMARY:
The League of California Cities 2025 Annual Conference and Expo is scheduled for September 23-25, 2026, in Long Beach, California. A voting delegate is a councilmember who will be representing the City of San Juan Bautista at the General Assembly. Delegates during the General Assembly will be voting on resolutions, which, if approved, become Cal Cities policy.
Voting delegates must attend the full conference (September 23-25, 2026), including the General Assembly, which takes place on Fridays of the annual conference.
The General Assembly is a meeting of the collective body of all voting delegates — one from every member city. During the General Assembly, voting delegates debate and consider general and petitioned resolutions forwarded by the Resolutions Committee. Potential Cal Cities bylaws amendments are also considered at the General Assembly meeting.
BACKGROUND:
Seven Policy Committees meet throughout the year to review and recommend positions to take on bills and regulatory proposals. Policy committees include members from each Cal Cities Page | 2
diversity caucus, regional division, municipal department, as well as individuals appointed by the Cal Cities president.
FISCAL IMPACT:
None
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). 2025-2026
CAL CITIES OFFICERS
President
Gabe Quinto
Mayor
El Cerrito
First Vice President
Teresa Acosta
Council Member
Carlsbad
Second Vice President
David Cohen
Council Member
San Jose
Immediate Past President
Lynne B. Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 10, 2026
TO: Cal Cities Members
RE: Cal Cities 2026 Resolution Packet
Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the July 25 deadline.
The attached packet contains the proposed resolution, background information, supporting letters from cities and city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process and the next steps for the resolution.
We encourage each city council to consider the resolution and determine a position so your voting delegate can represent your city’s position on the resolution.
Voting Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Tuesday, Sept. 1, 2026. The voting delegate packet contains more information.
The 2026 General Assembly will be held Friday, Sept. 25, at 8:30 a.m. in the Anaheim Convention Center during the Annual Conference and Expo.
For questions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.
Item No.:7.B_
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
TITLE: APPROVAL OF AMENDMENT NO. 1 TO ENGAGEMENT
AGREEMENT WITH KENNEDY, ARCHER & GIFFEN, P.C. FOR
CITY ATTORNEY AND MUNICIPAL LEGAL SERVICES
RECOMMENDED MOTION:
Approve a resolution approving the First Amendment to the Engagement Agreement with Kennedy, Archer & Giffen, P.C. for City Attorney and municipal legal services and authorizing the City Manager to execute the amendment on behalf of the City.
RECOMMENDATION:
Staff recommends that the City Council approve the First Amendment to the Engagement Agreement with Kennedy, Archer & Giffen, P.C. (KAG). The amendment continues City Attorney and municipal legal services on a month-to-month basis and provides that either party may terminate the agreement, with or without cause, upon sixty (60) days' written notice.
EXECUTIVE SUMMARY:
The City entered into an engagement agreement with Kennedy, Archer & Giffen, P.C. in August 2023 for City Attorney and municipal legal services. The agreement commenced August 16, 2023, and provided for a three-year term ending August 15, 2026.
The City is conducting a competitive Request for Proposals process for City Attorney and municipal legal services so that the City Council may evaluate available options for future legal representation. To avoid disruption to ongoing legal matters while that process is underway, staff recommends approval of a First Amendment continuing the existing agreement on a month-tomonth basis effective August 16, 2026.
The amendment provides a sixty (60) day written termination provision for either party, requires continued service and cooperation during any transition period, and leaves the remaining compensation, billing practices, responsibilities, service requirements, and other terms of the existing engagement agreement unchanged.
Page | 2
BACKGROUND:
On August 15, 2023, the City Council adopted Resolution No. 2023-58 appointing Jon R. Giffen of Kennedy, Archer & Giffen, P.C. as City Attorney and directing negotiation of a three-year agreement for City Attorney services. The resulting engagement agreement was executed on August 24, 2023, with a service term beginning August 16, 2023 and ending August 15, 2026.
The City relies on the City Attorney for day-to-day legal advice, City Council and publicmeeting support, review of ordinances, resolutions, agreements and other documents, land-use and CEQA matters, public works and utility issues, personnel matters, code enforcement, risk management, claims, and other municipal legal services.
The City is now moving forward with a competitive solicitation for future City Attorney and municipal legal services. Because that process will require time for proposal review, interviews, Council consideration, contract negotiations, and any necessary transition to selected counsel, an interim continuation of the existing engagement is necessary to maintain uninterrupted legal representation.
DISCUSSION:
The proposed First Amendment is limited in scope. It does not create a new long-term engagement and does not modify the existing compensation structure or other substantive terms of the 2023 agreement except for the term and termination provisions necessary for the interim period.
Effective August 16, 2026, the existing engagement will continue on a month-to-month basis.
Either the City or KAG may terminate the agreement, with or without cause, upon sixty (60) days' prior written notice to the other party. During any notice period, KAG will continue to provide services reasonably necessary to protect the City's interests and, as directed by the City, cooperate in an orderly transition of active matters, files, deadlines, and responsibilities to successor counsel.
The amendment also expressly confirms that no lapse in representation is intended following expiration of the original three-year term. Except for the changes stated in the amendment, all compensation, billing practices, responsibilities, service requirements, and other terms and conditions of the original engagement remain in effect.
The month-to-month structure gives the City sufficient flexibility to complete the competitive RFP process and allows the City Council to consider its options without interrupting ongoing legal services or creating an unnecessary long-term commitment.
FISCAL IMPACT:
Approval of the First Amendment does not change the compensation or billing terms of the existing engagement agreement. Legal services will continue to be billed under the rates and practices currently in effect, with actual costs dependent on the volume and nature of legal Item No.:7.B_
City Council Meeting
September 15, 2026
Page | 3
services requested by the City. Any future long-term City Attorney agreement resulting from the competitive RFP process will be presented separately to the City Council for approval.
CONCLUSION:
Approval of the First Amendment provides continuity of City Attorney services while preserving the City Council's flexibility during the competitive selection process. The month-to-month structure and sixty-day termination provision allow the City to maintain uninterrupted legal representation, complete the RFP process in an orderly manner, and transition matters appropriately if the Council ultimately selects different counsel.
Staff recommends approval of the First Amendment and authorization for the City Manager to execute the amendment on behalf of the City.
CEQA REQUIREMENT:
Approval of an amendment for professional legal services is an administrative and organizational activity of government that will not result in direct or indirect physical changes in the environment and is therefore not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5).
ATTACHMENTS:
1. Resolution
2. First Amendment to Engagement Agreement for City Attorney and Municipal Legal Services Page | 1
RESOLUTION NO. 2026-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN BAUTISTA APPROVING AMENDMENT NO. 1 TO THE ENGAGEMENT AGREEMENT WITH KENNEDY, ARCHER & GIFFEN, P.C. FOR CITY ATTORNEY AND MUNICIPAL
LEGAL SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT
WHEREAS, the City of San Juan Bautista requires professional legal services to advise and represent the City Council, City Manager, officers, departments, boards, commissions, and authorized staff in matters of California municipal law; and WHEREAS, on August 15, 2023, the City Council adopted Resolution No. 2023-58 appointing Jon R. Giffen of Kennedy, Archer & Giffen, P.C. ("KAG") as City Attorney and directing negotiation of a three-year engagement for City Attorney services; and WHEREAS, the City and KAG entered into an engagement agreement dated August 24, 2023, with a service term commencing August 16, 2023, and ending August 15, 2026, unless terminated earlier in accordance with its terms; and
WHEREAS, the City is conducting a competitive Request for Proposals process for City Attorney and municipal legal services so that the City Council may evaluate available options for future legal representation; and
WHEREAS, continuity of City Attorney services is necessary during the solicitation, evaluation, selection, negotiation, and any transition period in order to protect the City's interests and avoid disruption to ongoing legal matters; and
WHEREAS, the proposed Amendment No. 1 continues the existing engagement on a month-to-month basis effective August 16, 2026, and permits either party to terminate the agreement, with or without cause, upon sixty (60) days' prior written notice; and WHEREAS, during any termination notice period, KAG will continue to provide services reasonably necessary to protect the City's interests and will cooperate, as directed by the City, in an orderly transition of active matters, files, deadlines, and responsibilities to successor counsel; and
WHEREAS, except as expressly modified by Amendment No. 1, all compensation, billing practices, responsibilities, service requirements, and other terms and conditions of the existing engagement agreement remain unchanged and in full force and effect; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Juan Bautista that:
Page | 2
1. The City Council hereby approves Amendment No. 1 to the Engagement Agreement with Kennedy, Archer & Giffen, P.C. for City Attorney and municipal legal services, substantially in the form presented to the City Council.
2. The City Manager is authorized to execute the First Amendment on behalf of the City and to make non-substantive administrative revisions necessary to effectuate the Council's action, provided such revisions do not materially alter the approved term, termination provisions, or compensation structure.
3. Amendment No.1 shall continue the existing engagement on a month-to-month basis effective August 16, 2026, subject to termination by either party upon sixty (60) days' prior written notice.
4. Except as expressly amended, the terms and conditions of the August 24, 2023 engagement agreement remain in full force and effect.
5. This Resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of San Juan Bautista on this 15th day of September 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________
Leslie Q. Jordan, Mayor
ATTEST:
__________________________
Elizabeth Soto, City Clerk
Page | 1
CITY OF SAN JUAN BAUTISTA
AMENDMENT NO. 1 TO ENGAGEMENT AGREEMENT
FOR CITY ATTORNEY AND MUNICIPAL LEGAL SERVICES
This Amendment No. 1 to the Engagement Agreement for City Attorney and Municipal Legal Services ("First Amendment") is entered into by and between the City of San Juan Bautista, a California general law city ("City"), and Kennedy, Archer & Giffen, P.C. ("KAG"), effective as of August 16, 2026 ("Effective Date").
RECITALS
A. The City and KAG entered into an engagement agreement dated August 24, 2023 ("Agreement") for KAG to provide City Attorney and municipal legal services to the City. The Agreement commenced on August 16, 2023, and provided for a three-year term ending August 15, 2026, unless terminated earlier in accordance with its terms.
B. The City Council has directed staff to conduct a competitive Request for Proposals process for City Attorney and municipal legal services so that the Council may evaluate available options for future legal representation.
C. The City Council has directed staff to prepare an interim continuation of KAG’s services during the solicitation and transition period in order to maintain continuity of legal representation and avoid disruption to ongoing City matters.
D. The parties desire to amend the Agreement to continue services on a month-to-month basis, subject to a sixty (60) day written termination notice, while leaving the remaining terms of the Agreement unchanged except as expressly provided herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and KAG agree as follows:
1. Amendment to Term of Agreement. Section B, "Term of Agreement," is amended and restated in its entirety as follows:
"Effective August 16, 2026, the Agreement shall continue on a month-to-month basis unless and until terminated in accordance with this section. Either the City or KAG may terminate the Agreement, with or without cause, upon sixty (60) days' prior written notice to the other party.
During any notice period, KAG shall continue to provide services reasonably necessary to protect the City's interests and, as directed by the City, shall cooperate in an orderly transition of active matters, files, deadlines, and responsibilities to successor counsel."
2. Continuity of Services. The parties acknowledge and agree that this First Amendment is intended to provide uninterrupted continuation of the legal services provided under the Agreement beginning August 16, 2026. No lapse in representation is intended by the expiration of the original three-year term.
Page | 2
3. Compensation and Other Terms. Except as expressly modified by this First Amendment, all compensation, billing practices, responsibilities, service requirements, and other terms and conditions of the Agreement remain unchanged and in full force and effect.
4. Conflict. If there is any conflict between this First Amendment and the Agreement, the provisions of this First Amendment shall control.
5. Counterparts and Electronic Signatures. This First Amendment may be executed in counterparts and by electronic or PDF signature, each of which shall be deemed an original and all of which together shall constitute one instrument.
6. Authority. Each person signing this First Amendment represents that he or she is authorized to execute it on behalf of the party identified below.
IN WITNESS WHEREOF, the parties have executed this Amendment No.1 effective as of the date stated above.
CITY OF SAN JUAN BAUTISTA
By: ______________________________
Ashley Collick
City Manager
Date: ____________________________
KENNEDY, ARCHER & GIFFEN, P.C.
By: ______________________________
Jon R. Giffen
Authorized Representative
Date: ____________________________
Item No. 7.C
City Council Meeting
September 15, 2026
Page | 1
CITY OF SAN JUAN BAUTISTA
CITY COUNCIL STAFF REPORT
DATE: SEPTEMBER 15, 2026
DEPARTMENT: CITY MANAGER
FROM: ASHLEY COLLICK, CITY MANAGER
BY: ARIELLE GOODSPEED, PLANNING MANAGER
TITLE: DISCUSS AND PROVIDE DIRECTION ON THE PROPOSED
CHAPTER 9-5 MOBILE FOOD FACILITIES AND SIDEWALK
VENDING
RECOMMENDED MOTION:
Review and discuss the proposed Chapter 9-5 Mobile Food Facilities and Sidewalk Vending Ordinance, and provide direction to staff on policy and drafting revisions identified by the City Council at its June 16, 2026, meeting.
RECOMMENDATION:
Staff recommends that the City Council review the discussion items and redline options summarized in this report and provide direction regarding operating locations, days and hours, the four-hour operating limit, private-property operations, sidewalk vending, permit administration, and other policy matters before staff returns with a revised ordinance for future introduction and adoption.
No action to introduce or adopt the Ordinance is requested at this meeting.
EXECUTIVE SUMMARY:
On June 16, 2026, the City Council considered a first reading of an Ordinance adding Chapter 9- 5 Mobile Food Facilities and Sidewalk Vending to Title 9 of the San Juan Bautista Municipal Code. The proposed ordinance was intended to establish a regulatory framework for Mobile Food Facilities and Sidewalk Vendors, incorporate California Retail Food Code terminology, comply with Government Code Sections 51036 through 51039 (SB 946), and establish objective standards addressing public health, safety, ADA accessibility, circulation, sanitation, noise, permitting, and enforcement.
During the June 16 hearing, the Council expressed general support for mobile food vending while identifying several policy questions requiring additional discussion. No action was taken to introduce the ordinance. By consensus, the Council directed staff to return on August 18, 2026 as a discussion item with redline options and responses to Council comments before a future Item No. 7.C
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ordinance introduction and adoption. This report organizes those comments into policy topics for Council direction.
BACKGROUND:
The City began considering regulations for mobile food vending in 2024 in response to increasing interest in Mobile Food Facilities and the need for clear standards governing their operation within public rights-of-way and on private property. The Planning Commission discussed the topic beginning in April 2024, followed by community workshops in May 2024 and additional staff and vendor review of potential operating locations in July 2024. On August 27, 2024, the Planning Commission adopted Resolution No. 2024-05 recommending City Council approval and added a third public operating location.
The City Council reviewed an earlier version of the ordinance on November 19, 2024. The ordinance was not returned for a second reading. Staff subsequently rewrote and expanded the proposal to use broader Mobile Food Facility terminology, add a dedicated sidewalk vending section consistent with SB 946, strengthen ADA and circulation protections, clarify County Environmental Health and Fire requirements, and add permit renewal, suspension, revocation, sanitation, waste, and noise standards. The June 16, 2026 staff report identified the Alameda soccer field, Muckelemi Street across from the Valero Gas Station, Abbe Park along Fourth Street, and private property within Commercial or Mixed-Use designations as proposed operating locations or areas.
At the June 16, 2026 meeting, Planning Manager Arielle Goodspeed presented the updated ordinance and summarized the permitting process, operational standards, County health permit requirements, and sidewalk vending requirements. No public comments were received. Council discussion focused on the policy issues summarized below.
DISCUSSION:
The following topics reflect the City Council discussion on June 16, 2026. Staff is seeking policy direction before preparing the next ordinance draft. Where appropriate, the future redline may present alternatives so the Council can select the preferred approach.
Topic June 16 Council Discussion Direction / Redline Options
1. Operating Days and
Hours
Council discussed whether
Mobile Food Facilities should be
encouraged or limited to days
when many local restaurants are
closed, particularly Mondays;
whether local restaurants should
be able to participate through
tents, carts, or other mobile
operations; and the need to
reconcile inconsistent hour
references.
Provide direction on whether to
retain a broad daily operating
window, establish specific
operating days for designated
public locations, or use locationspecific schedules. Staff should also clarify that the four-hour limit,
if retained, is the maximum
duration at a location within the
allowed operating window.
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2. Four-Hour Limit and
Time Slots
Council discussed the ordinance's
four-hour limit and whether
vendors should operate through
defined time slots.
Provide direction on whether to
retain the four-hour maximum,
modify it, or establish reservable
time blocks for designated public
locations. If time slots are used,
staff can develop an administrative
scheduling process.
3. Public Operating
Locations
Council raised traffic, pedestrian,
ingress/egress, and future
development concerns regarding
Muckelemi Street near the gas
station and the future San Benito
Health Foundation site. Verutti
Park/Rudy Park was suggested as
a possible alternative. Council
also discussed potential
restrictions on Third Street.
Direct staff to retain, remove, or
further evaluate the Muckelemi
location; evaluate Verutti/Rudy
Park; and consult Public Works
regarding site capacity, safe
ingress/egress, number of vendors,
ADA access, and any locationspecific restrictions. Additional possible location to consider could
be Polk Street between Second and
Third, along another section of
Third Street, or Washington Street
between Second and Third. Or
provide staff with additional
locations to consider.
4. Private Property
Operations
Council requested clarification
regarding Mobile Food Facilities
on private property and the
relationship between Chapter 9-5
and existing Conditional Use
Permits, Temporary Use Permits,
or other land-use approvals.
Clarify under Chapter 9-5 to
provide an independent
administrative pathway on
Commercial and Mixed-Use
property. The revised ordinance
should avoid duplicative or
conflicting permit requirements.
5. Existing Restaurants and
Downtown Activation
Council expressed support for
mobile vending but raised
concerns about effects on
existing restaurants.
Councilmember Aranda
suggested outreach to local
businesses and exploration of a
future entertainment district with
music, food vending, and related
downtown activation.
Provide direction on whether staff
should conduct targeted business
outreach and whether a separate
downtown entertainment/event
program should be developed
outside this ordinance. Economic
competition alone should not be
used as the basis for sidewalk
vending restrictions under State
law.
6. Sidewalk Vending / SB
946
Council discussed where
sidewalk vendors may be
restricted, including possible
Third Street restrictions, and the
difference between stationary and
roaming sidewalk vendors.
Maintain objective health, safety,
accessibility, and welfare standards
consistent with Government Code
Sections 51036-51039. Any
location restriction should be tied
to an objective basis such as ADA
clearance, emergency access,
Item No. 7.C
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traffic safety, construction, or a
permitted special event.
7. Mission, Church, and
Other Institutional
Property
Council asked how vendors
associated with Mission or
church property would be treated
and whether health permits and
other compliance requirements
apply.
Clarify that food vendors remain
subject to applicable San Benito
County Environmental Health
requirements and other generally
applicable permits regardless of
property ownership, while City
land-use requirements depend on
the type and location of the
operation.
8. Noise, Lighting, and
Residential Compatibility
Council raised concerns about
generator noise, lighting, and
impacts where vending occurs
near residential uses.
Consider objective performance
standards tied to the City's noise
regulations, limits on amplified
sound or lighting spillover, and
location-specific operating hours
were supported by health, safety,
or welfare concerns.
9. Permit Administration
and Enforcement
Council discussed application
review timelines, duplicate or
overlapping provisions,
revocation for non-use of an
approved location, and general
permit administration.
Streamline duplicative provisions;
confirm a reasonable review
timeline; reconsider automatic
revocation based solely on nonuse; and distinguish clearly between permit denial, suspension,
revocation, renewal, and appeals.
Staff requests that the City Council provide direction on the policy choices above. Following Council direction, staff will prepare a revised ordinance and redline for a future meeting. The revised ordinance can then be scheduled for introduction as a first reading; because no ordinance was introduced on June 16, 2026, the future action should be treated as the ordinance introduction rather than a second reading.
ENVIRONMENTAL REVIEW:
This item is for discussion and policy direction only, and no ordinance is being introduced or adopted at this meeting. The June 16, 2026 staff report concluded that the proposed ordinance would be exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and 15183 because it establishes general operational regulations and permitting procedures and does not approve a site-specific development project or physical construction activity. Staff will return with the appropriate CEQA determination when the revised ordinance is scheduled for formal action.
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September 15, 2026
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FISCAL IMPACT:
No significant fiscal impact is anticipated from Council discussion and direction at this meeting.
Future implementation of Chapter 9-5 would require staff time for application processing, permit issuance, sidewalk vendor registration, administration, and enforcement. Permit and registration fees established through the City's Master Fee Schedule are intended to recover those administrative costs to the extent permitted by law.
ATTACHMENTS:
1. None.