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Agenda packet

Hollister City Council
March 7, 2022

Document
Agenda packet
Meeting
March 7, 2022
Body
Hollister City Council
Pages
24
Original file
1.1 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

MAYOR
Ignacio Velazquez

COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4

CITY MANAGER
Brett Miller

CITY ATTORNEY
Jason S. Epperson

CITY CLERK
Christine Black

POLICE CHIEF
Carlos Reynoso

CITY TREASURER
Anietra Gomez

CITY COUNCIL AGENDA
Regular Meeting
March 7, 2022
6:30 PM

CITY OF HOLLISTER

CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov

NOTICE TO PUBLIC

Persons who wish to address the City Council are asked to complete a Speaker’s Card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an Agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the Agenda will be heard under the Public Input Section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9.

After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.

Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. Power Point presentations must be presented to the City Clerk by Noon on the day of the City Council meeting.

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY
This meeting is conducted in compliance with the substantive and procedural requirements of AB 361 to conduct a remote teleconference meeting without adhering to the requirements of Government Code section 54953 allowing for a deviation of teleconference rules required by the Brown Act. The purpose of this is to provide a safe environment for staff and the public to conduct city business, while allowing for public

City Council Monday, March 7, 2022 Page 2 of 10

participation during the COVID-19 global emergency. The hybrid meeting will be held by teleconference, and the public may attend in person. The public may watch the meeting via live stream at:

City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx

or

Community Media Access Partnership (CMAP) at:
http://cmaptv.com/watch/

or

City of Hollister YouTube Channel:
https://www.youtube.com/channel/UCu_SKHetqbOiiz5mH6XgpYw/featured

Public Participation:

The public may attend meetings; a face mask is required to be worn regardless of vaccination status. Due to recent outbreaks of COVID, remote public participation is strongly encouraged. If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:

https://us02web.zoom.us/webinar/register/WN_tMy5SjmyRfGxFpR7PlaHvA

CALL TO ORDER
CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

1. Public Employee Evaluation per Government Code section 54957

Title: City Manager

2. Conference with Legal Counsel, Anticipated Litigation, Pursuant to Government Code section 54566.9(b)

Two (2) potential cases

3. Threat to Public Services or Facilities pursuant to Government Code Section 54957: Consultation with Chief of Hollister Fire Department

PLEDGE OF ALLEGIANCE

ROLL CALL

VERIFICATION OF AGENDA POSTING

City Council Monday, March 7, 2022 Page 3 of 10

PROCLAMATIONS
Proclamation - March as American Red Cross Month (City Clerk)

PRESENTATIONS
San Benito High School District Proposed Plans for a Second High School (City Manager)

BRIEF DESCRIPTION: Dr. Shawn Tennenbaum, Superintendent of San Benito High School will provide City Council with a presentation on how the City can collaborate on a Second High School.

RECOMMENDATION: Staff recommends that the City Council receive a presentation from Dr. Shawn Tennenbaum, Superintendent of San Benito High School.

CLOSED SESSION - REPORT OUT
A. CONSENT ITEMS
All items listed under consent Resolution will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a Staff member, or a Citizen.

Consent items are numbers: A1, A2, A3, A4, A5, A6, A7, and A8.

1. The minutes of the Regular Meeting of City Council February 22, 2022

2. Claim Against the City - Filed by Reyna Candela Martinez (City Clerk)

BRIEF DESCRIPTION: A claim against the City was filed by Daniel J. Rafii, Esq. on behalf of his client, Reyna Candela Martinez, on February 23, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

3. Claim Against the City - Filed by Valera Key (City Clerk)

BRIEF DESCRIPTION: A claim against the City was filed by Valera Key on February 17, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

4. Claim Against the City - Filed by Mercury Insurance on behalf of Kenneth Gelhaus (City Clerk)

BRIEF DESCRIPTION: Mercury Insurance Company filed a claim against the City on February 4, 2022, on behalf of their insured, Kenneth Gelhaus.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

City Council Monday, March 7, 2022 Page 4 of 10

5. Resolution No. 2022-24 a Resolution of the City Council of the City of Hollister Re-ratifying Resolution 2022-18, Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Hollister During a Declared State of Emergency and Pursuant to Government Code Section 54953 (AB 361) (City Clerk)

BRIEF DESCRIPTION: Government Code Section 54953 (AB 361) allows legislative bodies to continue remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. In compliance with AB 361, City Council must review these requirements every 30 days to determine if Council should continue remote participation options for the health and safety of the public and staff.

RECOMMENDATION: That City Council consider whether to ADOPT a Resolution to re-ratify Resolution No. 2022-18, authorizing remote teleconference meetings of the legislative bodies of the City of Hollister during a declared State of Emergency and pursuant to Government Code Section 54953 (AB 361).

6. Resolution No. 2022-25 a Resolution of the City Council of the City of Hollister Approving the Temporary Closure of Fifth Street from San Benito Street to Monterey Street, Sunday April 3, 2022, from 1:00 p.m. to 4:30 p.m. for Flag Raising Ceremony (City Clerk)

BRIEF DESCRIPTION: This item is requesting the temporary closure of 5th Street from San Benito Street to Monterey Street, for a Flag Raising Ceremony on Sunday, April 3, 2022 from 1:00 p.m. to 4:30 p.m .

RECOMMENDATION: Staff recommends that Council ADOPT a Resolution approving the temporary closure of 5th Street from San Benito Street to Monterey Street, for a Flag Raising Ceremony on Sunday, April 3, 2022 from 1:00 p.m. to 4:30 p.m.

7. Resolution No. 2022-26 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 440 San Benito Street Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 49 (Public Facilities Services) (Planning)

BRIEF DESCRIPTION: The City Council will consider including the 440 San Benito Street Project into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructure related to the project. Only property within the City boundaries may be added to CFD No. 4, and the 440 San Benito Street Project is within the City.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 440 San Benito Street Project for the annexation of territory into CFD No. 4.

City Council Monday, March 7, 2022 Page 5 of 10

8. Resolution No. 2022-27 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 90 Fallon Road Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 50 (Public Facilities Services) (Planning)

BRIEF DESCRIPTION: The City Council will consider including the 90 Fallon Road Project into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructure related to the project. Only property within the City boundaries may be added to CFD No. 4, and the 90 Fallon Road Project is within the City.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 90 Fallon Road Project for the annexation of territory into CFD No. 4.

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

Receive report from City Manager.

2. Trainings and Conferences

Receive reports from staff on Training and Conferences.

E. PUBLIC HEARINGS
F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Ordinance No. 1207 an Ordinance of the City of Hollister Amending Chapter 8.28 (Noise Ordinance) Restrictions on Noise Levels in Residential and Adding Section 8.28.025 Downtown Mixed Use District Noise Standards (Police)

DESCRIPTION: This Ordinance will amend the established noise ordinance and include decibel level and time restrictions to noise being generated and add a new section (8.28.025) concerning the Downtown Mixed Use District noise levels.

City Council Monday, March 7, 2022 Page 6 of 10

RECOMMENDATION: Read by title only, waive full reading, and ADOPT an Ordinance of the City of Hollister amending Chapter 8.28 (Noise) by adding section 8.28.025 Downtown Mixed Use District Noise Standards.

2. Resolution No. 2022-28 a Resolution of the City Council of the City of Hollister Authoring the Release of the Request for Proposals for City Attorney/Legal Services for the City of Hollister by an Individual or Firm (City Manager)

BRIEF DESCRIPTION: This item would approve and authorize the release of a Request for Proposals for City Attorney/ Legal Services.

RECOMMENDATION: Staff recommends that the City Council Approve a Resolution to release the Request for Proposals for City Attorney/ Legal Services for the City of Hollister by an individual or firm.

3. Resolution No. 2022-29 a Resolution of the City Council of the City of Hollister Authorizing to Release a Request for Proposals (RFP) to Executive Recruiting Firms to Assist in Hiring of an Assistant City Manager, Administrative Services Director and Potentially other Department Heads (City Manager)

BRIEF DESCRIPTION: The City Council will consider a Resolution authorizing staff to release a Request for Proposals (RFP) to executive search firms to assist the City Manager in hiring an Assistant City Manager, an Administrative Services Director and potentially other Department Heads.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing staff to release a Request for Proposals (RFP) to executive search firms to assist the City Manager in hiring an Assistant City Manager, an Administrative Services Director and potentially other Department Heads.

4. Resolution No. 2022-30 a Resolution of the City Council of the City of Hollister Approving an Appropriation from the General Fund Reserves in an Amount Not to Exceed $436,436.89 for Fiscal Year 2021-2022, Authorizing an Agreement with Silver Lining Solutions, LLC, Carahsoft Technology Corp, and Accela Inc. for the Implementation and Ongoing Licensing of the Accela Civic Platform for the City of Hollister Development Services and Fire Departments in a Total Contract Amount Not to Exceed $812,884.07 over Three (3) Years (Planning)

BRIEF DESCRIPTION: Implementation of the Accela Civic Platform for the Development Services and Fire Departments to allow for electronic document, application, and inspection processing; online payments; live updates for staff and the public on application review; and to provide interconnectivity between the Planning, Engineering, Building, Code Enforcement, Cannabis Affairs, Housing, and the Fire Department for accurate project tracking and reporting from project conceptualization to construction.

City Council Monday, March 7, 2022 Page 7 of 10

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the City of Hollister to enter into an agreement with Carahsoft Technology Corp., not to exceed $812,884.07 over three (3) years for the implementation and ongoing licensing of the Accela Civic Platform and approving an appropriation for those services for Fiscal Year 2021-2022 of $436,462.89 from the General Fund.

5. Resolution No. 2022-31 a Resolution of the City Council of the City of Hollister Authorizing an Appropriation of $34,000 for the Hollister Fireworks Show on July 4, 2022 and approving a location to host the event. (Recreation)

BRIEF DESCRIPTION: This action appropriates $34,000 from the Gen eral Fund for the July 4, 2022 Fireworks Show and a kick off for the City of Hollister 150 year celebration. In addition, staff recommends City Council approve a location for the event.

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution to approve the appropriation in the amount of $34,000 for t he Fireworks Show on
July 4, 2022. In addition, staff recommends City Council approve a location for the event.

6. Resolution No. 2022-32 a Resolution of the City Council of the City of Hollister to accept the bids received, approve a supplemental appropriation, award a contract in the amount of $1,383,555.80 to McKim Corporation and authorize the execution of a contract and change order for the Road Rehabilitation Program 21/22 Project, CIP C2101 (Administrative Services)

BRIEF DESCRIPTION: This resolution will accept the bids opened on February 16, 2022, approve a supplemental appropriation and award a contract to McKim Corporation.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approving a supplemental appropriation, and awarding the contract to McKim Corporation for the Road Rehabilitation Program 21/22 Project, CIP C2101

7. Resolution No. 2022-33 a Resolution of the City Council of the City of Hollister to approve a supplemental appropriation, award a contract in the amount of $596,336.50 to Precision Grade and authorize the execution of a contract and change order for the Ladd Lane/Southside Road Traffic Calming Project, CIP C2006 (Administrative Services)

BRIEF DESCRIPTION: This resolution will approve a supplemental appropriation and award a contract to Precision Grade and authorize the execution of contract and change orders.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving a supplemental appropriation, and awarding the contract

City Council Monday, March 7, 2022 Page 8 of 10

to Precision Grade for the Ladd Lane/Southside Road Traffic Calming Project, CIP C2006 and authorize the execution of a contract and change orders.

8. Resolution No. 2022-34 a Resolution of the City Council of the City of Hollister approving a supplemental appropriation in the amount of $3,680,897.00 for design engineering services for the preparation of plans and specifications for multiple Capital Improvement Projects (Administrative Services)

BRIEF DESCRIPTION: This resolution will authorize a supplemental appropriation to cover costs for design engineering services for various Capital Improvement Projects as indicated in the City’s Sanitary Sewer, Water, and Storm Drain Master Plans as well as the Pavement Condition Evaluation.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the supplemental appropriation in the amount of $3,680,897.00 for design engineering services for multiple Capital Improvement Projects.

9. Resolution No. 2022-35 a Resolution of the City Council of the City of Hollister to accept the bids received, approve a supplemental appropriation, and award a contract in the amount of $409,576.00 to Monterey Peninsula Engineering and authorize the execution of the contract and change orders for the Fremont Way Rehabilitation Project, CIP C2102 (Administrative Services)

BRIEF DESCRIPTION: This resolution will accept the bids opened on February 15, 2022, approve a supplemental appropriation and award and authorize the execution of a contract with Monterey Peninsula Engineering.

RECOMMENDATION: Staff recommends that the City Council adopt the resolution accepting the bids, approving a supplemental appropriation, and awarding the contract to Monterey Peninsula Engineering for the Fremo nt Way Rehabilitation Project, CIP C2102
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Receive oral reports from members regarding the activities of various Ad Ho c and Standing City Council Committees.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other Staff as applicable.

3. Microenterprise Home Kitchen Operations (City Manager)

BRIEF DESCRIPTION: City Council will receive an informational presentation regarding California Assembly Bill 626 and 377 - Microenterprise Home Kitchen Operations, and

City Council Monday, March 7, 2022 Page 9 of 10

discuss next steps.

RECOMMENDATION: Staff recommends that the City Council receives the presentation and discuss next steps.

4. Compensation for City Council Members (City Manager)

BRIEF DESCRIPTION: This item will allow City Council to receive information regarding compensation provided to City Council Members and provide direction on any potential modifications.

RECOMMENDATION: Staff recommends that the City Council receive information regarding compensation provided to City Council Members and provide direction on any potential modifications.

5. City Council Vision and Goals Workshop (City Clerk)

BRIEF DESCRIPTION: A group facilitation to share goals and visions for the community, and City Departments. Also, to work on team building. This item will allow City Council to have the discussion.

RECOMMENDATION: That the Council have a discussion on what their desires are for goals for the City of Hollister workshop. Direct the City Clerk to work on securing a facilitator, location and provide a date range to work from for the workshop. The City Clerk will come back with a Resolution requesting approval for a Facilitator contract and an appropriation for a not to exceed amount.

6. City of Hollister Commission filling vacancies (City Clerk)

BRIEF DESCRIPTION: Staff is requesting City Council direction on current Commission vacancies.

RECOMMENDATION: Staff seeks Council direction to advertise again and accepting applications to fill Commissioner vacancies.

7. 2022 Independence Day Motorcycle Rally (City Manager)

BRIEF DESCRIPTION: City Council will have a follow-up conversation about the 2022 Independence Day Motorcycle Rally and provide staff direction.

RECOMMENDATION: Staff recommends that the City Council discuss the 2022 Independence Day Motorcycle Rally and provide staff with direction on how to proceed.

H. UNFINISHED BUSINESS
None.

I. NEW BUSINESS
None.

J. MISCELLANEOUS

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None.

K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

L. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636 -4300.

Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102 -35.104 ADA Title II].

Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the C ity Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:00 a.m. to noon, 1:00 p.m. to 5:00 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)

Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.

The next City Council Meetings are scheduled as follows:

Regular City Council Meeting -- Monday, March 21, 2022, at 6:30 p.m.

Regular City Council Meeting -- Monday, April 4, 2022, at 6:30 p.m.

Regular City Council Meeting -- Monday, April 18, 2022, at 6:30 p.m.

Regular City Council Meeting -- Monday, May 2, 2022, at 6:30 p.m.

Proclamation

AMERICAN RED CROSS MONTH
March 2022

WHEREAS, in times of crisis, people in Hollister come together to care for one another.

This humanitarian spirit is part of the foundation of our community and is exemplified by American Red Cross volunteers and donors.

WHEREAS, in 1881, Clara Barton founded the American Red Cross, turning her steadfast dedication for helping others into a bold mission of preventing and alleviating people’s suffering. Today, more than 140 years later, we honor the kindness and generosity of Red Cross volunteers here in Hollister, who continue to carry out Clara’s lifesaving legacy. They join the millions of people across the United States who volunteer, give blood, donate financially, or learn vital life -preserving skills through the Red Cross.

WHEREAS, in San Benito County, the contributions of local Red Cross volunteers give hope to the most vulnerable in their darkest hours, whether it’s providing emergency shelter, food and comfort for families devastated by local disasters such as home fires; donating essential blood for accident and burn victims, heart surgery and organ transplant patients, and those receiving treatment for leukemia, cancer or sickle cell disease; supporting service members and veterans, along with their families and caregivers, through the unique challenges of military life; helping to save the lives of others with first aid, CPR and other skills; or delivering international humanitarian aid.

WHEREAS, their work to prevent and alleviate human suffering is vital to strengthening our community’s resilience. We dedicate this month of March to all those who continue to advance the noble legacy of American Red Cross founder Clara Barton, who lived by her words, “You must never think of anything except the need, and how to meet it.” We ask others to join in this commitment to give back in our community.

NOW, THEREFORE, I, Ignacio Velazquez, Mayor, do hereby proclaim March 2022 as American Red Cross Month. I encourage all citizens of Hollister to reach out and support this organization and its noble humanitarian mission.

IN WITNESS WHEREOF, I have hereunto set my hand this day 7th day of March, 2022.

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk
a
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Presentations DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: SAN BENITO HIGH SCHOOL DISTRICT PROPOSED PLANS FOR

A SECOND HIGH SCHOOL

BRIEF DESCRIPTION: Dr. Shawn Tennenbaum, Superintendent of San Benito High School will provide City Council with a presentation on how the City can collaborate on a Second High School.

RECOMMENDATION: Staff recommends that the City Council receive a presentation from Dr. Shawn Tennenbaum, Superintendent of San Benito High School.

DEPARTMENT SUMMARY: The Intergovernmental Committee received a presentation from Dr. Shawn Tennenbaum, Superintendent of San Benito High School related to the impact new development has had on San Benito High School. On January 18, 2022, City Council requested that Dr. Tennenbaum share with Council this presentation and potential solutions on how to mitigate this problem.

ATTACHMENTS:

1. SBHS March 7, 2022

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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San Benito High School District
Wo rking with the City of Hollister and
County of San Benito on a Second High School
March 7, 2022
a
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District Team
2 San Benito High School District
•John Corrigan, President, Board of Tr ustees
•Shawn Tennenbaum, Ed.D., Superintendent
•Ro seanne Lascano, Chief Business Officer
Capitol Public Finance Group
•Jeffrey Small, Municipal Financial Advisor
a
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The Problem
3 •Any additional students from
new development will diminish
the educational program for
students in our community
San Benito High
School is full
•The District needs assistance to
fund construction of the school
A n ew high school is
needed
a
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Objective
4 Wo rk collaboratively with the
City of Hollister and the County
of San Benito to ensure
adequate funding for a new high
school serving our common
constituents
a
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Agenda
5 Moving Forward
Re sidential Development
Funding
Background
a
Packet Pg. 17

6 Background
a
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School Capacity and Student Enrollment
7 San Benito High School
has capacity for
approximately 3,437
students.

Enrollment
currently stands
at 3,423
students
Current projections show
enrollment growth of 237
students over the next
two years from existing
development
Does not include
future
residential units
a
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A N ew High School is Estimated to Cost
$123 Million (in 2020$)
8 u The District currently has 2
available funding sources:
u Developer Fees
u State Funding
u A s ignificant funding shortfall is
anticipated
a
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1S
--Level II ··-------
Developer Fees ......,_____
$13,800,000
Potential State
Funding
$36,000,000

9 Fu nding
a
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Po ssible Funding Sources for New School Construction
10 Level 2 Developer Fees
State School Facility
Pr ogram Funding
General Obligation
Bonds
General Fund
Contributions
Mitigation Agreements
(including
supplemental
mitigation fees and
Community Facilities
Districts)
a
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Developer Fees
11 School districts collect fees from new development to mitigate their impact The amount of fees a district can collect is limited under the law Developers applying for residential building permits in the District currently pay “Level 2 Fees” of $1.75 per square foot
Level 2 Fees are insufficient to construct a new high school, as an estimated $13.8 million would be generated from all anticipated new development a
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Historical Developer Fees
12 Year
Residenti al
Permi ts
Residenti al Fees
Co lle cted
Co mmerc ial
Permits
Co mmerc ial
Fees Collected To ta l
2008-09 N/A N/A N/A N/A $113,824
2009-10 N/A N/A N/A N/A $177,757
2010-11 N/A N/A N/A N/A $129,737
2011-12 N/A N/A N/A N/A $33,323
2012-13 N/A N/A N/A N/A $57,635
2013-14 N/A N/A N/A N/A $52,681
2014-15 N/A N/A N/A N/A $169,756
2015-16 N/A N/A N/A N/A $1,022,677
2016-17 N/A N/A N/A N/A $940,139
2017-18 298 $815,999 1 $600 $816,599
2018-19 460 $1,359,754 5 $19,875 $1,379,629
2019-20 508 $1,451,716 7 $9,902 $1,461,618
2020-21 658 $2,259,238 10 $48,975 $2,308,212
Tota l $8,663,588
Historical Dev eloper Fees Collected
Year
Residenti al
Permi ts
Residenti al Fees
Co lle cted
Co mmerc ial
Permits
Co mmerc ial
Fees Collected To ta l
2008-09 N/A N/A N/A N/A $113,824
2009-10 N/A N/A N/A N/A $177,757
2010-11 N/A N/A N/A N/A $129,737
2011-12 N/A N/A N/A N/A $33,323
2012-13 N/A N/A N/A N/A $57,635
2013-14 N/A N/A N/A N/A $52,681
2014-15 N/A N/A N/A N/A $169,756
2015-16 N/A N/A N/A N/A $1,022,677
2016-17 N/A N/A N/A N/A $940,139
2017-18 298 $815,999 1 $600 $816,599
2018-19 460 $1,359,754 5 $19,875 $1,379,629
2019-20 508 $1,451,716 7 $9,902 $1,461,618
2020-21 658 $2,259,238 10 $48,975 $2,308,212
Tota l $8,663,588
Historical Dev eloper Fees Collected
u The District has
collected
approximately $8.6
million in developer
fees over the past 13
years
u Over the last four
years, the District has
received payment for
1,924 building
permits
a
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State School Facility Program Funding
13 The State School Facility Program is funded through statewide general obligation bonds
The District has been an active participant in the State School Facility Program, receiving approximately $28 million in matching funds and submitted applications for another $6.8 million
Currently, there is no State Funding available until California voters approve a new Statewide bond measure
If available in the future, State funding will likely fund only 30%-35% of the cost of the new high school, and funds will likely be received after the project is complete a
Packet Pg. 25

Local General Obligation Bonds
14 General Obligation Bonds (“GO Bonds”) are authorized by the voters and repaid from an ad valorem tax levy on property within the District’s boundaries
District voters authorized Measure G (2014) and Measure U (2016) totaling $102.5 million to fund improvements to San Benito HS, in order to serve the existing student population
Without obtaining a waiver from the State to issue additional GO Bonds, the District is at its upper limit on its legal bonding capacity a
Packet Pg. 26

San Benito HSD is a Good Fiscal Steward
15 *Tax rates are based on $100,000 of Assessed Value
** The District has authorization for 2 separate bonds measures, so the Maximum Tax Rate listed are 2 times the maximum tax rate limitation.
u The District has maximized its bonding authority while only utilizing 68% of the maximum tax rate cap
u San Benito HSD is a great investment!
Agenc y
Bond
Amount a s
of 4/1/21 Tax Rate*
Maxi mum
Tax Rate**
% o f Tax
Rate
Utilizatio n
San B enito High School Distri ct 96,005,856$ $40.78 $60.00 68% Tax Rate Utilization
Agenc y
Bond
Amount a s
of 4/1/21 Tax Rate*
Maxi mum
Tax Rate**
% o f Tax
Rate
Utilizatio n
San B enito High School Distri ct 96,005,856$ $40.78 $60.00 68% Tax Rate Utilization
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General Fund Support
16 u Not a substantial revenue source
for facilities as revenues are used
to operate schools
u Approximately 81% of the
District’s budget is spent on
salaries and benefits
u Can be used to secure a capital
facilities financing when the
intended source of repayment is
developer fees and/or State
funding
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Books and Supplies,

6.24%
2021-22 General Fund Expenditures
Services and other
Operating
other Outgo, 5.08%
Capital Outlay, I

0.00%
Management Salaries,

6.10%
Certificated Non Mgmt
Sa laries, 33.45%

Mitigation Agreements are Crucial Partnerships
17 A n egotiated agreement between a school district and landowner/developer is called a “mitigation agreement”
Mitigation agreements may contain provisions for:

Pa yment of
alternative fees
•Pe r square foot basis
•Pe r unit basis
•Ti ered fees based on
size/type of unit
Designation of school
site
•Acquisition cost
•Improvements to site
Creation of a
Community Facilities
District (“CFD”)
•All or a portion of the
mitigation fee funded
by a future tax on
homes
Other conditions
•e.g., traffic patterns,
safe routes to school,
timing for new school
construction, etc.
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Developer/Landowner Initiated CFD
18 Special taxing district initiated by one or more landowners with each landowner vote weighted on the number of acres owned
Flexible taxing formula on a square foot or per unit basis Landowner(s) initiate formation through the District, a joint powers authority, other public agency such as the City or County
Future property owners within the CFD pay an annual special tax City/County consideration of how a school CFD could fit into the overall tax burden on property (e.g., 1.75% of assessed value)
Ta x revenues can be bonded against or used for pay-go projects a
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19 Residential
Development
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20 As the community grows, all public
infrastructure grows, including
schools.

The District needs assistance from the
City and County to ensure developers
assist in funding a new high school.

Shared Goal with the City and County
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Without Another High School, New Development
Will Erode our Educational Quality for Students
Ø There is no room in San Benito High School for any students generated from these new homes. The implication for our programs is significant. 21 There are 36 different development projects currently identified within the County of San Benito and the City of Hollister at various stages of the development process
An estimated 4,700 new units would be built over the next 10 years a
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.....
...
-
...

State Actions Wi ll Boost California’s Housing Supply
22 Re quiring Hollister, the County, and San Juan Bautista to allocate 5,005 housing units during the next 8 years
$22 billion allocated statewide with $10.3 billion for new housing and $12 billion for the unhoused. This will create 84,000 new affordable homes and 44,000 new housing units
Extension of the Housing Crisis Act of 2019 (SB 330) from 2025 to 2030 Streamlined process for cities to zone for multi-unit housing Ø No new money allocated to school districts to expand public facilities that are needed for a growing population.
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The District has Been Active in Voicing Concerns with
Development, But it is Not Enough
23 District focus is on seeking Voluntary Mitigation from projects seeking development approvals
District provides written comment on applications
•Significant impacts such as new developments claiming the same available capacity at High School, traffic and safety concerns Mandated meeting with developers should occur prior to
any City/County land use action
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The City of Hollister Is Considering Policies to Assist the District with its Funding Challenge
24 District is actively involved in the update to the City’s General Plan, providing output on policies that support schools
•Additional voluntary school funding when City agrees to additional density or flexibility for projects
•When a specific plan and/or financing plan are required for annexation or re- designation of land for urban use, the plan shall identify means to ensure adequate funding for public schools
Ø The County could consider similar policies that support schools during the development process.
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How Can the City
and County Help?
u Ensure coordination between the City,
County, and School Districts so all agencies
are aware of the cumulative impacts of
residential construction.
u Consider the funding need for a new high
school prior to any land use actions.
u Pr ovide residents with accurate, complete
information regarding high school capacity
and the impacts of each new residential
development in all project and
environmental analyses.
u Encourage developers to use CFDs to
generate funds from future units and
condition environmental approvals on the
use of CFDs.
25 a
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__.I

26 Other Concerns
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27 Pr operty tax bills show a
separate line item for each
series of bonds issued, leading
taxpayers to believe they pay on
more than the District’s 2
authorized GO Bonds
Concerns with Property Tax Bills
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Packet Pg. 39

San Benito County 2021-22 Tax Bill
28 Based on Net Taxable Value of $500,038
Rates (%)Amount

LAND, IMPROVMENTS, PERSONA L PROPERTY
GENE RAL PROPERTY TAX 1.000000 5,000.38
GAVILAN 3-2-04 D .S.0.017900 89.50
GAVILAN D.S. 11-6-18 0.024100 120.50
HE SD 2014 S ERIE S B 0.013506 67.54
HE SD 2015 S ERIE S A 0.007580 37.90
HE SD 2016 S ERIE S A 0.006801 34.00
HE SD 2016 S ERIE S B 0.017744 88.72
SAN BE NITO HS D BOND #2015 0.003068 15.34
SBHS BOND E2014 -#17 0.009013 45.06
SBHS BOND E2016 -#17 0.007166 35.84
SBHS BOND E2016 -#18 0.017783 88.92
SBHS E2014 2021 RFND 0.003751 18.76
SB HO SPITAL BOND #1024 0.019376 96.88
SB WATE R-SAN FELIPE (LAND VALUE ONLY)0.250000 380.78
SBC MOSQUITO ABATEME NT DIRE CT CHARGE 11.22
ADVANC ED LIFE SUPPORT DIRE CT CHARGE 20.00
ME LLO ROOS DIST 2 DIRE CT CHARGE 466.28
LANDSCAPE & LIGHTING DIRE CT CHARGE 51.24
TOTA L 1.397788 6,668.86
TA XES DUE 6,668.86
San Benito County Detail of Taxes
Taxing Enti ty Rates (%)Amount

LAND, IMPROVMENTS, PERSONA L PROPERTY
GENE RAL PROPERTY TAX 1.000000 5,000.38
GAVILAN 3-2-04 D .S.0.017900 89.50
GAVILAN D.S. 11-6-18 0.024100 120.50
HE SD 2014 S ERIE S B 0.013506 67.54
HE SD 2015 S ERIE S A 0.007580 37.90
HE SD 2016 S ERIE S A 0.006801 34.00
HE SD 2016 S ERIE S B 0.017744 88.72
SAN BE NITO HS D BOND #2015 0.003068 15.34
SBHS BOND E2014 -#17 0.009013 45.06
SBHS BOND E2016 -#17 0.007166 35.84
SBHS BOND E2016 -#18 0.017783 88.92
SBHS E2014 2021 RFND 0.003751 18.76
SB HO SPITAL BOND #1024 0.019376 96.88
SB WATE R-SAN FELIPE (LAND VALUE ONLY)0.250000 380.78
SBC MOSQUITO ABATEME NT DIRE CT CHARGE 11.22
ADVANC ED LIFE SUPPORT DIRE CT CHARGE 20.00
ME LLO ROOS DIST 2 DIRE CT CHARGE 466.28
LANDSCAPE & LIGHTING DIRE CT CHARGE 51.24
TOTA L 1.397788 6,668.86
TA XES DUE 6,668.86
San Benito County Detail of Taxes
Taxing Enti ty
u Ta x rates on San Benito
HSD Bonds should be
consolidated by bond
measure, similar to
Gavilan CCD.
u Gavilan CCD has 7
series of bonds from
two bond measures
combined into 2 line
items
1 2
3 4
5 1
2 a
Packet Pg. 40

29 Moving Forward
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Summary
•San Benito High School is at capacity and does not have space to accommodate students from new development
•The District wants to work with the City and County to create the public infrastructure needed to accommodate future
students
•Without the assistance from the land use agencies and
development community, the High School District will not be able to adequately serve students
30 a
Packet Pg. 42

Re commendations
31 u Ensure project and environmental documents include an accurate picture of the high school capacity and the impacts of any new residential development so the public is aware.
u Adopt the school facility mitigation proposed in the City of Hollister updated General Plan, including:
u Granting development incentives for projects that voluntarily provide additional school funding
u Re quiring preparation of a Specific Plan, Financing Plan or similar document as a precondition of project approval, that identifies the means for funding all public facilities, including schools
u Condition environmental approvals and encourage developers to use CFDs to fund school needs and require a meeting prior to any land use action. u Consolidate bond series on a single line on tax bills to eliminate taxpayer confusion. a
Packet Pg. 43

32 Questions/Discussion
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Packet Pg. 44

33 Appendix
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Packet Pg. 45

34 a
Packet Pg. 46
.......

Non-R.esider«lal
County Development Proj<l<l5
~R~i.,I
~ Non•Rl!'<ick,ntlal
Parllblty V.-ainl/Unden,l;llzed
-Vacant
V'IO!nl PMU I$ w,th Urbl!n U,r,d lJ<I!$
I Panlalty Vllalnl/UncleMIJIZed
-Vacant
Sour,:e: C,"'1v'"'o""""'=c---
c.:1 Plonr,ing-
, __ 1 Sphere d lnll<lenoe
D Urban servlc<! Ama
□ atylimt
Creob ~ Waten,ays
~nos
\
o County. i-020~~5,ffif§ ..'..,

35 u Re cent
entitlement
projects could
yield 3,114
residential units
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Packet Pg. 47
Entitlement Projects in the City of Hollister and San Benito High School District
-City of Hollister Boundaries
ft San Benito High School
.. 70 Acre Site Owned by SBHSD
1 -Gonzalez Annexation North of Buena Vista
2 -Woodle
3 -Chappell
4 -Rosati Prezone
S -Spring Meadows Estates
6 -Lee Project
7 -Lico Project
8 -Ridgemark
9 -Lima Property Specific Plan • Capitol I PFG
6 R1 gem r 8 Jt
9 Tres P.,
July 28, 2020

Gavilan Joint CCD Has 7 SERIES of Bonds
From 2 Bond Measures
36 Issuance
Ini ti al
Pr incipa l
Amount
Pr incipa l
Outsta ndi ng Da te o f Delivery
Election of 2004,Series D $28,000,000 $305,000 May 12,2011 2012 Re fund ing Bo nd s $12,120,000 $6,525,000 Ap ri l 3,2012 2012 Re fund ing Bo nd s,Series B $11,800,000 $10,615,000 Ap ri l 19,2012 2015 Re fund ing Bo nd s $42,320,000 $39,700,000 Aug ust 20,2015 2017 Re fund ing Bo nd s $27,045,000 $25,935,000 December 20,2017 Election of 2018,Series A $26,600,000 $22,325,000 Ap ri l 18,2019 Election of 2018,Series A-1 $11,400,000 $7,725,000 Ap ri l 18,2019 Out st anding General Obl igation Bo nd Issuanc es
Gavilan Jo int C ommuni ty C olle ge Distric t
Issuance
Ini ti al
Pr incipa l
Amount
Pr incipa l
Outsta ndi ng Da te o f Delivery
Election of 2004,Series D $28,000,000 $305,000 May 12,2011 2012 Re fund ing Bo nd s $12,120,000 $6,525,000 Ap ri l 3,2012 2012 Re fund ing Bo nd s,Series B $11,800,000 $10,615,000 Ap ri l 19,2012 2015 Re fund ing Bo nd s $42,320,000 $39,700,000 Aug ust 20,2015 2017 Re fund ing Bo nd s $27,045,000 $25,935,000 December 20,2017 Election of 2018,Series A $26,600,000 $22,325,000 Ap ri l 18,2019 Election of 2018,Series A-1 $11,400,000 $7,725,000 Ap ri l 18,2019 Out st anding General Obl igation Bo nd Issuanc es
Gavilan Jo int C ommuni ty C olle ge Distric t
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Santa Clara County Tax Bill
37 Excludes Direct Charges
Value Rates (%)Amount

LA ND, IMPROVMENTS, PERSONAL PR OPERTY
1%MAXIMUM LEVY 1,205,432 1.000000 12,054.32
CO BOND 2008 HO SP FAC 1,205,432 0.006100 73.53
CO RE TIRE ME NT LE VY 1,205,432 0.038800 467.70
CO HO USING BOND 2016 1,205,432 0.012660 152.60
è COMM C OLLEGE BONDS 1,205,432 0.030400 366.42
è ELEM OR UNIF S CH BONDS 1,205,432 0.101400 1,222.28
TOTAL A SSESSED VALUE TA XES 1.189360 14,336.85

LA ND AND IM PR OVEMENTS
SCVWD-STATE WATE R PROJ 1,212,432 0.005100 61.83
TOTAL LA ND & IMPR OVEMENT TAXES 0.005100 61.83
TAXES DUE 14,398.68
Santa Clara Count y Detail of Taxes
Taxing Agenc y Value Rates (%)Amount

LA ND, IMPROVMENTS, PERSONAL PR OPERTY
1%MAXIMUM LEVY 1,205,432 1.000000 12,054.32
CO BOND 2008 HO SP FAC 1,205,432 0.006100 73.53
CO RE TIRE ME NT LE VY 1,205,432 0.038800 467.70
CO HO USING BOND 2016 1,205,432 0.012660 152.60
è COMM C OLLEGE BONDS 1,205,432 0.030400 366.42
è ELEM OR UNIF S CH BONDS 1,205,432 0.101400 1,222.28
TOTAL A SSESSED VALUE TA XES 1.189360 14,336.85

LA ND AND IM PR OVEMENTS
SCVWD-STATE WATE R PROJ 1,212,432 0.005100 61.83
TOTAL LA ND & IMPR OVEMENT TAXES 0.005100 61.83
TAXES DUE 14,398.68
Santa Clara Count y Detail of Taxes
Taxing Agenc y
u Other counties
group multiple
series of bonds
into a single tax
rate category.
u It would
eliminate
taxpayer
confusion if San
Benito County
did so as well.
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Packet Pg. 49

City of Hollister CFD No. 2
38 Formation Date –
July 6, 1995
Purpose –Formed
for Police and Fire
Services
Collections for FYE
June 30, 2020 -
$789,684
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Packet Pg. 50

City of Hollister CFD No. 2
39 a
Packet Pg. 51
COMMUNITY FACILITIES DISTRICT NO. 2
(Po l ice and Fire Services)
FISCAL YEAR 2021 /22

SPECIAL TAX RATES
Base Year for CFO No. 2 Tax FY 21/22 Maximum Tax Rate
FY 1995 $505.62
FY 1999 $466.28
FY 2000 $449.20
FY 2003 $397.78

City of Hollister CFD No. 2
40 a
Packet Pg. 52
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BOUNDARIES OF
COMMUNITY FACIL ITY DISTRICT NO. 2

CITY OF HOLLISTER, COUNTY OF SAN BENITO, ST ATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNI NG DEPAR TMENT, DECEMBER 2020 --·1
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City of Hollister CFD No. 4
41 Fo rmation Date –
July 21, 2014
Purpose –Fo rmed
for Public Facilities
Collections for FYE
June 30, 2020 -
$225,008
a
Packet Pg. 53

City of Hollister CFD No. 4
42 a
Packet Pg. 54
COMMUNITY FACILITIES DISTRICT NO. 4
(Public Services)
FISCAL YEAR 2021/22

SPECIAL TAX RATES
Tax Zone Tax Per Tax per Tax per Tax Per
Number DU SFD MF Acre
1 $ 248 .02 $ 248.02 $ 248.02 $ 1,730.07
2 $ 341.75 $ 341.75 $ 341.75 $ 2,411.99
3 $ 238 .40 $ 238.40 $ 238.40 $ 2,295 .19
4 $ 83.38 $ 83.38 $ 83.38 $ 2,506.11
5 $ 129.18 $ 129 .18 $ 129.18 $ 1,713.45
6 $ 481.51 $ 481 .51 $ 481.51 $ 3,721.74
7 $ 458.02 $ 458.02 $ 458.02 $ 5,714.16
8 N/A $ 123.31 $ 77.51 N/A
9 $ 211.39 $ 211.39 $ 211.39 $ 1,789.43
10 $ 375.81 $ 375 .81 $ 375.81 $ 1,716.86
11 $ 187.91 $ 187.91 $ 187.91 $ 2,595.69
12 N/A N/A N/A $ 2,721.57
13 $ 557.47 $ 557 .47 $ 557.47 $ 2,665.12
14 N/A $ 945 .77 $ 719.83 $ 7,918.62
15 $ 521.84 $ 521 .84 $ 521.84 $ 2,665 .12
16 N/A $ 688.48 $ 564.60 $ 11,541.91
17 N/A $ 790.44 $ 647.92 $ 5,650.36
18 N/A $ 285 .04 $ 158.96 $ 3,420.48
19 N/A $ 1,044.50 $ 835.60 $ 4,575.20
20 Reserved -(Ta x Rates to be determined upon
anne xation)
21 N/A $ 1,117 .56 $ 894.25 $ 7,241.49

City of Hollister CFD No. 4
43 a
Packet Pg. 55
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EXHIBIT A: BOUNDAR IES OF CO MMUN ITY FAC ILITI ES DISTR ICT NO. 4 BOUNDARIES OF COMMUNITY FACILITY DISTRICT NO. 4
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COUNTY RECORDERS STATEMENT
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City of Hollister CFD No. 5
44 Fo rmation Date –
June 18, 2018
Purpose –Fo rmed
for Police and Fire
Services
Collections for FYE
June 30, 2020 -
$19,436
a
Packet Pg. 56

City of Hollister CFD No. 5
45 a
Packet Pg. 57
COMMUNITY FACILITIES DISTRICT NO. 5
(Police and Fire Services)
FISCAL YEAR 2021/22

SPECIAL TAX RATES
Fiscal Year 2021/22
Land Use Class Description Maximum Special Tax per
Unit
1 Residential Property $846.32 per Unit
2 Multi-Family Property $693.44 per Unit
No Tax for Undeveloped Property
No Tax for Tax-Exempt Property

City of Hollister CFD No. 5
46 a
Packet Pg. 58
EXH IBIT A: BOU ND A RIES OF COMM UNI TY FAC ILIT IES D IS TR ICT No . 5 I
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CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, DECEMBER 2020 ~r~)
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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Regular Meeting
February 22, 2022

REMOTE PARTICIPATION DURING THE COVID-19 EMERGENCY

CALL TO ORDER
CLOSED SESSION - 5:00 P.M.

Public Comment (limited to any item listed on the Closed Session agenda)

None.

Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:

City Attorney Epperson stated that if the Council so moves, they will go to closed session to discuss the items agendized for closed session.

Council Member Resendiz motioned to move to closed session. Motion seconded by Vice Mayor Perez.

City Clerk Black called the vote with the following results: Council Member Resendiz voted Yes, Council Member Burns voted Yes, Vice Mayor Perez voted Yes, and Mayor Velazquez voted Yes. Motion carried by a 4-0-0-1 vote. Council Member Morales was absent.

1. Public Employee Evaluation per Government Code section 54957

Title: City Clerk

2. Public Employee Evaluation per Government Code section 54957

Title: City Manager

3. Conference with Legal Counsel, Anticipated Litigation, Pursuant to Government Code section 54566.9(b)

Two (2) potential cases

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Burns.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Ignacio Velazquez on February, 22, 2022 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.

A.1
Packet Pg. 59

City Council Tuesday, February 22, 2022 Page 2 of 11

Attendee Name Title Status Arrived
Ignacio Velazquez Mayor Present
Rick Perez District 1 Present
Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Jason S. Epperson City Attorney Present
Christine Black City Clerk Present
Carlos Reynoso Police Chief Present
Brett Miller City Manager Present

Council Member Morales arrived in Council Chambers and moved to closed session at 5:55 p.m.

VERIFICATION OF AGENDA POSTING
The Agenda for the City of Hollister City Council meeting of February 22, 2022, was posted on the bulletin board at City Hall on February 16, 2022, at 3:05 p.m. per Government Code section 54954.2.

CLOSED SESSION - REPORT OUT
City Attorney Epperson stated that City Council discussed in Closed Session those items that appeared on the agenda which was read into the record before closed session. Direction was given to staff, no other reportable action. City Council recessed from closed session at 6:34 p.m.

BOY SCOUT TROUP 455
Mayor Velazquez welcomed Boy Scout Troup 455, and thanked them for attending.

A. CONSENT ITEMS
All items listed under the Consent Resolution will be enacted in one motion authorizin g the actions indicated for those items so designated.

All items were approved with the exception of Item A2 which was pulled by Council member Morales and moved to Items pulled from consent.

RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

Consent items are numbers: A1, A2, and A3

1. City Council - Special Meeting - Jan 22, 2022 9:00 AM

A.1
Packet Pg. 60

City Council Tuesday, February 22, 2022 Page 3 of 11

2. has been moved to Items Pulled From Consent Agenda

3. Resolution No. 2022-18 a Resolution of the City Council of the City of Hollister Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Hollister During a Declared State of Emergency and Pursuant to Government Code Section 54953 (AB 361)

ITEMS PULLED FROM CONSENT AGENDA
City Council - Regular Meeting - Feb 7, 2022 6:30 PM

Item A2. pulled from consent by Council Member Morales.

Requested on page 17, of the agenda packet the word responsible to be changed to irresponsible.

RESULT: Accepted as Amended [Unanimous]
MOTION: Rolan Resendiz
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
None.

C. PUBLIC INPUT
The following members of our community addressed the Council.

Anne Hall
Mia Casey
Robin Pollard
Susan Logue
Randy Logue
Elia Salinas
Robb Rodriquez
D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

None.

2. Trainings and Conferences

City Manager Miller attended the California Society of Municipal Finance Officers Training last week.

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Police Chief Reynoso attended along with Captain Olson, the California Police Chief's Association Symposium in Sacramento last week, received training and attended the Expo with the equipment for Police Departments.

E. PUBLIC HEARINGS

1. Ordinance No. 1207 an Ordinance of the City of Hollister Amending Chapter 8.28 (Noise Ordinance) Restrictions on Noise Levels in Residential and Adding Section 8.28.025 Downtown Mixed Use District Noise Standards

Received report from Chief of Police Reynoso.

Opened Public Hearing at 7:09 p.m.

Jennifer Coile, addressed the Council.

Closed Public Hearing at 7:11 p.m.

RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Rolan Resendiz
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Ordinance No. 1206 an Ordinance of the City of Hollister Adjusting Council District Boundaries in Accordance with the Results of the 2020 Federal Decennial Census per California State Law AB 1276, and Amending Municipal Code Chapter 2.04

Received report from City Clerk Black.

Council Member Morales stated that she is voting no and wanted to restate her reasons. The Redistricting, we asked for input, and received one email by one of her residents in District 3, which had thoughtful analysis on why Plan #1 would work best for the City. Considerations made here on the dais were for a future growth plan and recommendations for future housing over 5000 and that will not happen in one area of District 4, it would happen in a broad area of various districts. Other maps had moved some of the Council Members to other Districts so they would have to run against an incumbent. She believes that Plan #1 was a reflection of what the community is in terms of the representation of the purpose of the redistricting process.

Elia Salinas, addressed the Council.

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RESULT: Adopted [3 to 2]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Resendiz, Burns
NOES: Perez, Morales
RECUSED:

ABSTAIN:

ABSENT:

2. Resolution No. 2022-19 a Resolution of the City Council of the City of Hollister to allow the Hollister Fire Department to appl y for the Department of Forestry and Fire Protection (CAL FIRE) California Climate Investments Grant FY 2021-2022

Received report from Fire Chief Martin Del Campo.

RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

3. Resolution No. 2022-20 a Resolution of the City Council of the City of Hollister to allow the Hollister Fire Department to submit a 2022 Senate District 12 Budget Request to the office of Senator Anna M. Caballero

Received report from Fire Chief Martin Del Campo.

Elia Salinas addressed the Council.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

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4. Resolution No. 2022-21 a Resolution of the City Council of the City of Hollister to allow the Hollister Fire Department to apply for the California Governor's Office of Emergency Services - Hazard Mitigation Assistance - Prepare CA Match - FEMA HMGP and Prepare CA Jumpstart Funding Opportunity

Received report from Fire Chief Martin Del Campo.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

5. Resolution No. 2022-22 a Resolution of the City Council of the City of Hollister adding Veteran Preference in Police Officer hiring process

Received report from Police Chief Reynoso.

Council Member Resendiz supported this and would like to see what/if other cities have a policy and would like this not just for the Police Department, but as a policy throughout the City in general.

Council Member Burns supported Council Member Resendiz, and would like to see it happen as soon as possible. Requested from Police Chief Reynoso and City Manager the current statistics on how many police officers are veterans in the City of Hollister and other City departments, including the Fire Department.

Police Chief Reynoso stated he could formulate that information for the Police Department.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Rick Perez
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

6. Resolution No. 2022-23 a Resolution of the City Council of the City of Hollister Adopting the Job Description for the Position of Assistant City Manager

Received report from City Manager Miller.

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Council Member Burns requested we consider one of the duties listed to be to work as a Council liaison.

Council Member Resendiz questioned if they may assist or help with public records requests, and if not, if we could place some type of language in there, as short term.

RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Velazquez, Perez, Resendiz, Morales, Burns
NOES:

RECUSED:

ABSTAIN:

ABSENT:

G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES

1. Reports from City Council Members regarding Committees on which they serve

Council Member Burns - attended the AdHoc Committee for Campaign Finance along with our City Clerk and City Attorney. We held a zoom meeting with outside Council and are looking forward to bringing something to Council when we are prepared.

Council Member Resendiz - Council of Governments (COG) - discussions on the Highway 156 expansion and CALTrans presented the turbo round-a-bout at Highways 25 and 156.

Vice Mayor Perez - met with Area Aging Agency and welcomed Bea Gonzales onto the committee. He looks forward to bringing more information back on meals on wheels.

Council Member Morales - met with Central Coast Community Energy (3CE) very interesting meeting the Policy board had changes to their bylaws to eliminate public input, or bringing anything forth from the community, with only staff bringing forward items to the board. The Policy Board requested an Adhoc committee to resolve the issues between staff and the CAC (Community Advisory Council). She was appreciative of San Benito County Supervisor Kollin Kosmicki for his comments and keeping lines of communication open.

Mayor Velazquez - attended Council of Governments (COG) and the turbo round-a- bout does not mean you go faster through it, it means it is a more efficient design, with less conflict points. This is a CALTrans project funded by them 100%. W e have been clear that we are not happy about the whole project, but Cal Trans had to do this, due to the number of fatalities at that intersection. The overpass is still moving forward and it will phase out the round-a-bout with a permanent overpass on the Highway 156 side going over Highway 25. Highway 156 between San Juan Bautista and Hollister should start construction around May or June. He will meet with the Mobility Partners which includes VTA (Valley Transit Authority), and Santa Clara A.1
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County where they will discuss the new interchange on Highways 101 and 25, which is scheduled to start in 2023.

2. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff

Council Member Burns - Received information about Catalytic converters being stolen in the Sunnyslope area. Requested cameras to be placed in that area to come back on a future agenda. There was a fire in the County off of John Smith Road and there are some K-Rails blocking Union Avenue. If they have to remain in place, may we look at that, as minutes count significantly with Fire, and Police response. Recognized and thanked Parks and Recreation Department and the City Manager for the reopening of Klauer Park. Invited the public to please come, enjoy your park, celebrate, have fun and play. He has been walking and cleaning the neighborhoods and purchased a grabber, and challenged other Council Members to go out and clean their neighborhoods. Requested Council consensus to consider purchasing 400-500 of these grabbers to give away at the park reopening, and have each Council member receive 100 each to give out to the community to help.

Requested again a detailed conversation about the Safer Grant. If it is not renewed, and he understands that it will not be. He requested an update on the Appeal Costs related to someone who is not a developer or builder or contractor wanting to appeal a planning commission decision. With the Redistricting, he believes, if our Parks Manager would confirm, the Skate Park will be in District 4. He has pictures and great ideas in mind, and would like to have an engaged conversation on that. He would like us to invest more into the park and clean it up, it is a great resource.

Requested on a future agenda conversation on salary increases for Council Members, per Government Code. Requested on a future agenda Charter City and Term Limits and would like to have that conversation. We do have time to place that on the ballot and would like to have that conversation. Requested a report on what the Cities intention and ideas are for the property on Park Hill. He would like placed on the agenda a discussion on acquiring a commercial vacant parcel on Sunnyslope, east of Airline Highway and South of Memorial on the South side of the road, which is commercially zoned, and believes it would be an amazing location for community park. Included in or in addition to the vacant lot downtown San Benito at 7th Street, across the street from the Memorial Building be a park for green space downtown.

Questioned the City Attorney and that public comment was stopped, and he would like to allow it to go forward. He requested a legal opinion provided to us at the next meeting.

Council Member Resendiz - nothing to report.

Vice Mayor Perez - Thanked Anne Hall for beating him to the punch, on the parking on 5th street across from Court House and library. He would like to see the parking Ordinance revamped, taking into account the changes in our city. He would like that brought back before Council and requested the parking enforcement be suspended until we are able to place this on the agenda.

Police Chief Reynoso - stated not enforcing (parking) is not the answer. We may come back with Council consensus and discuss options to amend the Parking Ordinance.

Vice Mayor Perez - stated the public should be allowed to talk. We should not shut them down. We should explain to them what the process is if they have a complaint.

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Requested an update on the ARPA funds and when it will come back, and received the email on the tree beautification process, and the tree ordinance, and requested what may we do to replace the trees.

Council Member Morales - She is in agreement with the ARPA funds, Safer Grants, the appeals, parking, and Park Hill. Requested a report on our 2021 goals and accomplishments and what is our road map for 2022. She is in support of bringing back the discussion on the pay for Council and requested a report on the Planning Department and projects significantly delayed and what the problems are. She requested a report on Measure G that lists the projects, and dollar amounts.

Supports term limits to be on the ballot. Requested the percent of our budget that are grants and what the grants are (for), and if they are recurring. These should be separated by entitlement grants, those are just pass through money and that should not count. Requested an update on her request for a study for speed bumps on San Benito Street and 7/11. She is interested in the receipts for our budget. Requested the Ordinance of Code of Conduct brought back for review if there are concerns from our residents. Report update on 311 application update.

Information Systems and Technology Director Da Silva - stated there is still much to be worked on with other Departments before it is finalized and is looking at probably the next three or four months.

Council Member Morales - requested a list of the IT projects that we have to help with streamlining.

Mayor Velaquez - he looks forward to going out along with Mr. Burns to pick up trash. They have done it before and these are conversations we have been having with the Beatification Ad Hoc. He specially thanked our Parks department that have been on a roll getting things done, and Recreation, there are some bigger projects coming up and the community will be very excited once they see some of these plans for the near future. He thanked Engineering for their work and plans that are being done to repair our streets. Our road index is 74 which is actually pretty good and higher than most communities. On the issue of public comments, every election year there is a tendency for certain groups to make accusations of Council Members, whether true or not, without explaining background. Council Chambers should not be a place for running campaigns, it should be a place where we do our business.

He encourages anybody outside of here to do it if they want, against people they don't favor in office. But not here. You hear only one side of a story and usually that is not correct. This is not the place for that. We may not agree, but we have accomplished a lot. If we have rules for ourselves we need to be sure that the public is held to the same standards.

City Manager Miller - Requested consensus on items to bring back for

1. Cameras at Sunnyslope area. Consensus received.

2. Trash Grabbers - we will find room (in the budget) to accommodate those.

Consensus received.

3. Park Hill burn area and what council would like for a goal. Consensus to have Parks and Recreation Commission bring us a recommendation.

4. Vacant lots in town to purchase for parks. Consensus received.

5. Parking on Fifth Street and in the city, parking garage, permits to be purchased for long term. Consensus received.

6. ARPA will be brought back by April 1.

7. Ad Hoc will bring back review of HMC 2.04.

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8. Beautification AdHoc committee to bring an update in March. Consensus.

9. Increase on Council salaries. Consensus.

10. Term limits be included with Charter City. Direction to City Clerk to find out how much it costs to add items to the ballot.

City Attorney Epperson - nothing to report.

Police Chief Reynoso - during December we were in a routine audit from the Department of Justice to verify that we are using appropriately our automated criminal history system of Federal Bureau of Investigation Interstate and Indemnification index. Of all the random samples, 71 inquiries and several others from the other categories, they sent us a letter commending our Department in compliance with statues and regulations governing these highly restricted systems.

He thanked Administrative Supervisor Valerie Reyna for her assistance, she was very helpful through the audit. One of our graveyard teams have taken it upon themselves for parking enforcement and have been ticketing and tagging abandoned vehicles. They tagged over 50 vehicles. Anyone in the community who would like to report abandoned vehicles, please call our regular line (831) 636-4330.

City Clerk Black - nothing to report.

3. Update on Public Records Act Requests and authorize staff to discuss a possible MOU with San Benito County to share costs for a paralegal

Received a report from City Clerk Black.

Council direction to staff was:

· Implement our system to obtain a true number of public records requests.

· Requested if we do hire a paralegal, to hire them in house under the City only, working for either City Clerk or City Attorney.

· If there is a relationship between the County and City what the privacy component is and how privacy will be addressed. They will need access to emails and some of those may be confidential. When you are reviewing the information, not just providing the information.

We need more information on what the requests are about, if this is temporary or a new trend.

H. UNFINISHED BUSINESS
None.

I. NEW BUSINESS
None.

J. MISCELLANEOUS
None.

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K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE

REDEVELOPMENT AGENCY
None.

L. ADJOURNMENT
There being no further business to discuss Council Member Resendiz moved to adjourn at 8:47 p.m. Motion seconded by Council Member Morales and carried by a unanimous vote.

Respectfully submitted,

Christine Black
City Clerk
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY REYNA CANDELA

MARTINEZ

BRIEF DESCRIPTION: A claim against the City was filed by Daniel J. Rafii, Esq. on behalf of his client, Reyna Candela Martinez, on February 23, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

DEPARTMENT SUMMARY: Daniel J. Rafii, Esq. filed a claim against the City on behalf of his client, Reyna Candela Martinez, on February 23, 2022. Staff sent a copy of this claim to the City’s Risk Manager/Claims Adjuster and recommends denial of the claim.

Staff further requests authorization to send the Notice of Rejection of claim to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. Claim against the City - Reyna Candela Martinez_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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CITY OF HOLLISTER

CLAIM FORM
(To Be Completed By Claimant)
Claimant Reyna, Martinez Candela Telephone
Received
FEB 2 3 2022
By:U;;)
Address'---------------
Address to Which Response Should be Sent ________________ _ Rafii & Associates P .C -9100 Wilshire Blvd . Suite 465£ Beverly Hills , CA 90212 Description of Occurrence ________________________ _
Claimant is informed and believes on or about August 23rd, 2021 at or around 7·) 5 PM, a transit service driver was pushing claimant while she wa unrestrained on h e r wheelchair. Claimant was rolhng off a wheelchair ramp when her wheelchair was caught on protruding pavement causing claimant to faH fotwaid uffofbe1 wheekhait which caused serious injuties and lastmg facial l..u..sa.rull,tJJ;:i.__ __________________________ _
Location of Occurrence At or near sidewalk in front of 31 Hawkins St. Hollister CA 95023 Date and Time of Occurrence August 23rd, 2021 approx. 7:15 PM Witnesses to Occurrence (Name and Address) _________________ _ Claimant is informed and believes employee and/or driver of IDA Transportation Service. name currently unknown to claimant
Amount of Claim Claimant is unable to determine amount at this time as claimant is still treating. (Attach supporting invoices, etc.)
City Employees Involved Claimant is not aware of the name of the said employee however claimant believes City of Hollister through its employees and/or agents has a duty/responsibility to use the highest care, vigilance, and foresight to avoid harm to its residents as a public entity.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date 2/21 /2022
Send completed ti
City Clerk
City of Hollister
375 Fifth Street
Hollister, CA 95023
(831) 636-4304

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RAFI! & NAZARIAN LLP
EXCEU.ENCE I COM.\UTMENT I IIESL'LTS
Sent Via FedEx & Email
[email protected]
City Clerk
City of Hollister
375 Fifth Street
Hollister, CA 95023
Re: Our Client
Date of Accident
Dear Sir or Madam:
9100 ,VILSHIRE BOULEVARD, S U I TE 46SE
BEVERLY H ILLS , C LIFOR. I A 902 1 2
TELEPH O E (31 0 ) 777 -787 7
FAC Sll\il LE (31 0) 777 -7855
February 21, 2022
Reyna Martinez Candela
08/23/2 021
Enclosed, please find a properly executed Government Claim Form concerning the above- referenced accident.

Kindly provide an acknowledgment letter as soon as possible and thank you for your prompt attention and anticipated cooperation in this matter.

Should you have any questions or concern , please do not hesitate to contact me directly.

Very truly yours,

RAFII & NAZARIAN, LLP
Jonathan Perez, Legal Assistant to
Daniel J. Rafii, Esq.

B EVERLY HiilS I S. l B E ARDINO I AJ I D IEGO I S_\.N FR.Al ClSCO P AGE I O F 1

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 22, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY VALERA KEY

BRIEF DESCRIPTION: A claim against the City was filed by Valera Key on February 17, 2022.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

DEPARTMENT SUMMARY: A claim against the City was filed by Valera Key on February 17, 2022. Staff has sent a copy of this claim to the City’s Risk Manager/Claims Adjuster and recommends denial of the claim. Staff furth er requests authorization to send the Notice of Rejection of claim to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. Claim Against the City - Valera Key_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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Claiman
Address

CITY OF HOLLISTER

CLAIM FORM
(To Be Completed By Claimant)
--------4---------
Address to Which Response Should be Sent -==
Received
FEB 18 20
By:~
Description ofO~currence r ~ \~v~v-a cuo1l l. \ :yu.tb~ '-\'\r\;Ojs \n ·--H1\.L ~S ~e( s ~ a loov o+ m y c~ o...vv) ffi\{ fo crr VY\\/ 'coot- \ I l ,
got c~ _ ,')y"'OL(' \::1\vi. -&Xf o ~d ~ o\-'\4 :pa.rt ~Cj Q.ud.a -t..e.w,n g V\cC-Lvl '=f CA. VlP k \,v, 'IJUf \aoot \u,.c.Ju,\:, ..L uhS oJolQ -\-D CtL+rn ~~~? ~M1 ~ll1~ h=>~ ~ovnd .

Location of Occurrence 'po..UL ?O..X-\L..\q§ \of c>t 3cA f1_-f+,h S\r-ee..t- Date and Time ofOccurrence 2-lr-z/z.oZJ Ct---ff '°)l ~-I S p m Witnesses to Occurrence (Name and Address) _ ____,_N=o-'-'rJc.....:e..,=------------ Amount of Claim ~ \ \ 5 :7 7 ------'------------------- (Attach supporting invoices, etc.)
City Employees Involved __ \1-"--0Wl--'-_ll_h:;~'---lY"--------------- I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature
Send completed form to:

City Clerk
City of Hollister
3 7 5 Fifth Street
Hollister, CA 95023
(831) 636--4304
--,

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Packet Pg. 75
Pl ace your o rder
By placmq our o~der you agree o Amazons
privacy ot ice and con ditions o use .

Order Summary
Items:

Shippi & and h g :

Total be o r e ta :
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A.3.a
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 28, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY MERCURY INSURANCE

ON BEHALF OF KENNETH GELHAUS

BRIEF DESCRIPTION: Mercury Insurance Company filed a claim against the City on February 4, 2022, on behalf of their insured, Kenneth Gelhaus.

RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.

DEPARTMENT SUMMARY: Mercury Insurance Company filed a claim against the City on February 4, 2022, on behalf of their insured, Kenneth Gelhaus. Staff sent a copy of this claim to the City’s Risk Manager and Claims Adjuster. On February 11, 2022, the claims manager mailed the claimant a letter to inform them that the location (place) of incident is missing, and needs to be included in order to process the claim. The letter gave the deadline of February 25, 2022, to file an amended claim to include this missing information; however, the claimant did not file an amended claim as of February 28, 2022.

Staff recommends that Council deny the claim, and requests authorization to send the formal Notice of Rejection of Claim letter to the claimant.

FINANCIAL IMPACT: Unknown

CEQA: Exempt

ATTACHMENTS:

1. Claim against the City - Gelhaus, Kenneth_Redacted

2. Claim Letter - Failure to comply with CGC providing location

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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A MERCURY ~~ INSURANCE
January 26, 2022
RE :

CITY OF HOLLI STER

CITY CLERK
375 FIFTH ST
HOLLISTER , CA 95023
OUR INSURED :

OUR CLAIM NUM BER:

DATE OF LOSS :

DEAR CIT Y OF HOLLISTER:

KE NNETH GELHAUS
CAPA-01771225
DECEMBER 13 , 2021
P .O. Box 10 730
Santa Ana , CA 92711-0730
Received
FEB ·o-4 2022
BY:-~ C::::

We have obta ined information suggesting that th e damages incurred from the above-referenced lo ss were cau sed by your insured's negligence.

En cl osed for your review , please find cop ies of our supporting documentation. The breakdown of our payments is as follows:

Initial Repa irs $8,637.54
Deductible $500.00
Supplements
Renta l Expense $1,450 .00
O ut of Pocket Expense $178 .06
Othe r
Salvage
VLF, if appl ica ble
Tota l $10 ,765 .60
Total Amount Due $10 ,765 .60
Other:

Please address out of pocket ren t al in the amoun t of $178 .06 di rec tly w ith our insured.

If we receive a payment that is less than the amo unt shown above, it will be processed and applied as a partial payment only.

Th is will not indicate any acceptance of liab ility or agreement to compromise the claim amount. Note that "Full or final settlement" or similar wording, wh ether on the payment itself or on accompanying correspondence, does not function as a release.

Should you have any question s or need add iti ona l inform ation , please do not he sitate to contact me . Thank you for your cooperat ion.

Sin cere ly ,
Mercury In sura nce Compa ny
Claim s Departmen t
888-917-6372
Encl.

C2 1 04 /202 1

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CITY OF HOLLISTER

CLAIM FORM
(To Be Completed By Claimant)
Mercury Insurance Co m pany as subrogee of
Claimant Kenneth Gelhaus Telephone .._(8_8_8) .... 9_1_7_-6_3_7_2 _____ _ Address PO Box 10730 Sa nta Ana....CA 92711
Address to Which Response Should be Sent _________________ _ ATTN : CAPA-0177 1225 PO Box 10730 San ta Ana , CA 92711 Description of Occurrence Our in sured drove over pothole on road causing damage to vehicle Damage to 2022 BMW 530E suspensio n and steerin g.

Location of Occurrence Off 101 on HWY 25 Hollister CA
Date and Time of Occurrence 12/13/2021 5 :45 P .M . ----------------------- Witnesses to Occurrence (Name and Address) ________________ _ Amount of Claim $10 ,?65.60 --------------------------- (Attach supporting invoices, et c.)
City Employees Involved ________________________ _
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date 01 /26/2022 Sign a tu re ~ Soz/4¥1 ea: it,,.&.ff-~ 74ry ci-=~"'r7- Send completed fonn to:

City Clerk
City of Hollister
375 Fifth Street
Hollister, CA 95023
(831) 636-4304

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Fi nancials (Tota l l ncu ed : $10 087 .54): Summary
Scheduled
► Issue Date ... Check Number
01/18/2022 01 /18 /2022
12 /27 /2021 12 /27 /2021
Payment Channel .

Digital Vendor
I terna l
Payment Method
Direct Deposit
Check
Chec k Type
Indemnity
Indemnity
Pay To

E TE PRISE RENT-A-CA

EAST BAY BMW & KENNCTH

GELHAUS
Amount ·•· Status
.SJ,150 .00 Cleared
5],637.54 Cleared ·

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.._____.I I
_.ARMS MERCURY INSURANCE SERVICES
Rental Company:

Invoice:

Enterprise Rent-A-Car
2387D579HMD
BIii To: MER32CC

MERCURY INSURANCE SERVICES
ATTN :UN IT .RE TAL
PO BOX 1150
BREA, CA 92 8221150
RENTER INFORMATION:

Renter: GELHAUS,KENNETH
Address : --■--■-Home Pho n e : --Office Phone : -RENTA L IN FORMAT ION:

Rental Branch Location:

ENTERPRISE R E NT-A-CAR(2387)
14 CALIFORNIA AVE
PLEASANTON. CA 945664916
ADDITIONAL CLAIM INFORMATION:

Cla im Number: CAPA-01771225
Cla im Type: Insured
Veh icle Condition : Driveable
Date Of Lo ss: 12/13 /202 1
Insured Nam e :

Owne r's Vehicle: 2022 BMW
Department Code :

Br a nch/ Unit#: 2022
Best Contact#:

C la im ant # for Payment:

Applicatio n: G WCC
CARS Shop Type: No
Repair Facility:

EAST BAY B MW
PLEASANTO , CA 945883002
(925) 463-2 5 55
VEH ICLES RENTED:

Effective Date Time
12/20/2021 4:08 PM
Please Return Th is Po rti on wit Remittance
Mak.e Payment To:

Year
2020
ENTERPRISE RENT-A-CAR (32LB)
F ILE 50727
LOS ANGELES, CA 900740727
Federa l ID : 95-34758 10
Make
BMW
Alternate Invoice
Number: 579HMD
RENTAL DETAIL:

Rental Period: 12/20/202 1 to 01 /1 7/2022 (29 days)
BIiied Period: 12/20/2021 to 01 /17/2022 (29 days)
Description

TIME & DISTANCE

VEHICLE LICENSE

RECOVERY FEE

SALE S TAX
Quantity
29 29
Total Charges:

Lass Amount Received :

Total Amount Due:

Rate Amount
$48.00 $1392.00
$3.22 $93 .38

10.25% $142 .68
$1628 .06
$178 .0 6
$1450.00
Model VIN Mllea e
2 3301
Rental Invoice
Tota J Charges:

Less Amount Received :

Total Amount Due .......... .

Ple ase Include on your Check:
lnvoice :23870579HMD
$1628 .0 6
$178 .0 6
$1450.00

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l in e
Item
1 2
3 4
5 6
7 8
9 10
11 12
13 14
Date : 12/23/2021 09 :15 AM
Estimate ID: 290
Esti mate Vers ion : O
Committed
Profile ID: • Mercury Gibson

NO SUPPLEMENT S WILL BE HONORED WITHOUT PRIOR INSPECTION OR APPROVAL

CALL FILE ADJUSTER TO CONFIRM COVERAGE

GIBSON APPRAISAL LLC
PO BOX 1325 [email protected], ROHNERT PARK , CA 94928 (7 07 ) 843-7169
Fax : (530 ) 663-8401
Damage Assessed By : V ince Gutsch
Classification : None
Appraised For: MERCURY INSURANCE -TAMMY MOURTHI
(800 ) 521-9693 ext. 21860
Type of L oss: Co llision
Date of Loss: 12/13/2021
Contact Date: 12/21/2021
Deductible: 500 .00
File Number: 21-12111
Claim Number: CAPA--0 177122500101
Insured:

Owner:

KENNETH GELHAUS

KENNETH GELHAUS
Address:

Telephone: l!r-Home Phone : --
Mitchell Service: 912017
Descri p tion : 2022 BMW 530e Vehicle Prod uction Date : 7/21 Body Style : 40 Sed
VIN : 3,040 4
M ileage :

Drive Train : 2.0 L Turbo lnj 4 Cyl BA RWO
license: -■
OEM /ALT : A Search Code : None
Color: BLUE
Entry Labor line Item Part Type/ Dollar
Number Type Operati on Descript ion Part Number Amount
201225 MCH* REMOVE/REPLACE Wheel Ti re Pressure Se n sor [email protected] 36 10 6 887 147 220 .04 • 900500 MCH* REMOVE/REPLACE R Front & Rear Tire Goodyear Eagle 245/40R19 New 655.98 • 203116 MCH REMOVE/REPLACE R Frt Susp Wheel Hub -M 31 20 6 899 176 353 .50 • 201485 MCH REMOVE/REPLACE Steeri ng Gear Assembly -M 32 10 5 AJA OA3 3,725.72 • 201498 MCH REMOVE/REPLACE R Steering Bolt ·M [email protected] 07 14 6 887 645 17.76 • 202559 BOY REMOVE/REPLACE R Steering Bolt 2@6 .66 32 10 6 765 080 13.32 202561 BOY REMOVE/REPLACE R Steering Nut 2@4 .74 33 30 6 787 062 9.48 900500 BOY * REMOVE/REPLACE Tone Bolt 32 30 6 778 609 2.21 900500 MCH* AOD'L LABOR OP Di agnostic C he ck Existing 900500 MCH* ADD'L LABOR OP 4 Wheel A lignment In House Sublet 299.99 • 900500 MCH* REMOVE/REPLACE 4 Wheel Hub Bolts 31 20 6 872 920 26 .40 • 900500 MCH* ADD'L LABOR OP Mount & Balance Ex i sting
203561 MCH* REMOVE/REPLACE Alloy Wheel 2@6 59.02 36 11 6 894 839 1,318.04 • R Front & Rear
. -Judgment Item
# -Labor Note Applies
Labor
Units
IN C"
INC'

2.8 #

3.8 #
INC'
INC'
INC *
INC*

1.0·
INC*
INC '
INC*

0.6 ESTIMATE RECALL NUMBER: 12/23/2021 09 :15:20 290
Mitchell Data Vers ion: OEM : OEC_21_V
Software Ve rs ion:

MAPP:OEC _21_V

7.1.241
Copyri g ht (C) 1994 -202 1 Mitchell International
All Rights Reserved

Page 1 ends

,______,I I

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,------.I I
Date: 12/23/2021 09 :15 AM
Estimate ID: 290
Estimate Vers ion : 0
Comm itted
Profile ID : • Mercury Gibson
Add'I
Labor
Estimate Totals
Sublet
I. Labor Subtotals
Mechanical
Units Rate Amount

8.2 225 .00 0.00
Amount Totals
299 .99 2,144.99
II. Pa rt Replacement Summary
Taxable Parts
Ill.

Non-Taxable Labor
Labor Summary 8.2
Additional Costs
Total Add itional Costs
Po i nt(s) of Impact
21 Undercarriage (P )
Body Shop: EAST BAY BMW
Address : 4350 ROSEWOOD OR
PLEASANTON , CA 94588
Telephone: (925 ) 463-2555
Fax Ph one: : (925 ) 463--0669
Inspection Site : EAST BAY BMW
Address : 4350 ROSEWOOD OR
PLEASANTON, CA 94588
Inspecti on Date : 12/21 /2021
2,144.99
2,144.99
Amount

0.00 Sales Tax @
Total Replacement Parts Amount
IV. Adjustments
Insurance Deductible
Customer Responsibili ty
I. Total Labor:

II. Total Replacement Parts:

Ill. Total Additional Costs:

Gross Total :

IV . Total Adjustments :

Net Total:
*** PURSUANT TO CALIFORNIA CODE OF REGULATIONS , TITLE 10 , CHAPTER 5, SUBCHAPTER 7.5 , SECTION 2695.8 THE INSURER WARRANTS THAT ANY

NON-ORIGINAL EQUIPMENT MANUFACTURER PARTS SPECIFIED IN THIS ESTIMATE

ARE AT LEAST EQUAL TO THE ORIGINAL EQUIPMENT MANUFACTURER PARTS IN TERMS OF KIND, QUALITY, SAFETY, FIT AND PERFORMANCE***
THIS IS NOT AN AUTHORIZATION TO REPAIR. THE UNDERSIGNED REPAIR

FACILITY AGREES TO REPAIR THIS VEHICLE USING INDUSTRY ACCEPTED

EQUIPMENT AND METHODS , AND TO COMPLETE AND GUARANTEE SAFE REPAIRS AT A PRICE OF$ _________ , INCLUDING ALL CHARGES. NO SUPPLEMENTS WILL BE HONORED WITHOUT PRIOR APPROVAL.

SIGNED:

IN THE EVENT THAT REPAIRS ARE COMMENCED, AND DURING SUCH REPAIRS IT

IS DETERMINED BY MERCURY THAT THE VEHICLE IS A TOTAL LOSS, THE

UNDERSIGNED SHOP AGREES NOT TO CHARGE STORAGE FEES FROM THE TIME THE

VEHICLE ARRIVES AT THE SHOP UNTIL THE TIME THAT REPAIRS ARE STOPPED DUE TO MERCURY'S TOTAL LOSS DETERMINATION .

ESTIMATE RECALL NUMBER : 12/23/2021 09:15:20 290
M itchell Data Version: OEM : OEC_2 1_V
MAPP :OEC_21_V Copyright (C) 1994 -2021 Mitchell International Software Version : 7.1.241 All Rights Reserved

10.250 "/o
Amount
6,342 .45
650.10
6,992 .55
Amount
500 .00-
500 .00-
2,144.99
6,992.55

0.00 9,137 .54
500.00-
8,637.54

Page 2 of 3 ends

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Packet Pg. 87
SIGNED :

PRINT NAME :

ESTIMATE RECALL NUMBER : 12/23 /2021 09 :15 :20 290
M itch ell Data Vers ion : OEM : DEC 2 1 V
Software Vers ion :

MAPP :DEC=2 1=V

7.1 .24 1
Copyri ght (C) 1994 • 202 1 M itchell International
A ll Ri ghts Reserved
Date : 12/23/2021 09 :15 AM
Estimate ID : 290
Esti mate Version : 0
Committed
Profile ID: • Mercury Gi bson

Page 3 of 3 ends

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Packet Pg. 88
Claim: CAPA-0177122500101 01 KENNETH GELHAUS
I Da mage RF Hu b Bearin g (1 ).J PG Damage R F Hu b Beari ng (2 ).JPG I
Da mage RF Tir e (1).JPG I Damage RF Tire (2).J PG

A.4.a
Packet Pg. 89
Claim: CAPA-0177122500101 01 KENNETH GELHAUS
Damage R F Whee l (1 ).JPG Damage R F Wheel (2 ).JP G
Damage R R Tire (1 ).JPG Damage R R Tire (2 ).JPG

A.4.a
Packet Pg. 90
Cla1m: CAPA-0177122500101 01 KENNETH GELHAUS
I Damage RR Wheel (1).J PG Damage R R Wh ee l (2).JPG
Front.JPG Int (1).JPG

A.4.a
Packet Pg. 91
Claim: CAPA-0177122500101 01 KENNETH GELHAUS
Int (2 ).J PG Int (3).J PG
I
!
, Int (4 ).J PG I I (5 ).JPG
L------------------~------------------__J

A.4.a
Packet Pg. 92
Claim: CAPA-0177122500101 01
1 In (6 ).JPG
, L Rear.JPG
I
L Fro nt.J PG
Odom .J PG

KENNETH GELHAUS
7 I
J

A.4.a
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I
l
i
i
Claim: CAPA-0177122500101 01
I R Front.JPG
Rear.JPG
l
i
I
I
I R Rear.J PG

KENNETH GELHAUS
Slt\iATIQN M•ll't-•------•-•-•-.f'~•-,L-•---•--~-----~-·~=--::=...~~7 ----
l
~ Repair Procedure (1 ).jpg

A.4.a
Packet Pg. 94
Claim: CAPA-0177122500101 01 KENNETH GE LHAUS
"5o-,._-=l'b ~·--------~~~--
1 :~=:::-:..-~ ...... -..L~=-~--="~~-----~----.....

I Re pair Proce dure (2).j pg Vin (1).JPG
Vin (2).J PG

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PROOF OF SERVICE BY MAIL
I declare I am emp loyed in the County of Sono ma, over the age of eighteen and not a party to the within cause .

My business address is P. 0. Box 278 Rancho Cordova, Ca 95741 I am readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Serv ice and that correspondence would be deposited with the United States Postal Service the sa me day in the ordinary course of business .

I placed a copy of the rejection letter regarding City of Hollister Claim No.:

GHC0041401 in an envelope, which envelope was then sealed and placed for collection and mailing on this date following ordinary business practices and addressed to the person listed as follows:

Mercury Insurance a/s/o Kenneth Gelhaus
c/o Mercury In sura nce Company
PO Box 10730
Santa Ana , CA 92711
I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed in the County of Sonoma on February 11, 2022 .

Sign ature

A.4.b
Packet Pg. 96

GEORGE HILL S
\ tercuf\ lnsuran ·e a.:, ~enndh (Jelhath
l1 \kr1.u~ In urn111.;l.' ( ompan~
RL: \I n .. u~ ln·ura1n .. ' ~n'-'" n JI th time l,f pn. •m:ni,,n 1'f cht:> ·la im ·c CC, O In, d l l Tile ·la1m fad-1t1 ·t atc-ti~ name l'r na1 h: ,,ftht:> puhli.: cmpl1)_1.c~ r ~n pit"': c-.:au·ing th inju . dama,; n In..,-.,. if !..:,w,, n. I e (iC 910( l)
lh ·I.nm foil 111 1at · the am unt l r tht: ha.:-i , ..,f .:, mput~llr n f h~ an1t1u111 daim · i a l I the ak: of the tr·· '111. ti11n l)I th . ..:laim. ( l I 91 Ot r
I he i.:lairn \\a-.. ,wr ... ign1:d h: the claimanr r b~ ln,e ixr ,m ,,n ·hal r of th 1: ·h1ima111 i.....: ( 1C q I 0.2) The dJilll for 111d ·mni~ t:irl h t.1t th· J Ill! '11 \, hi.:11 rh,._• unJerl~ Ill; l:l\\ 1111 ,,,h ' I. I ,..,.. l' 1l O I X \ltlwugh : ,-.ur cl, im rnd,call.:,-th' 1 a ·r ~i, ing ri i.: t1_i ~ l1tir damage-.._ it faib ll' link till "' fact. t l, t h· l it~ l r Holli h:r in '-Ul. h a \a: that it \\ U IJ ~·\ e n C [() ,I L Ill l,r ·1 "lll'l1

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\ R I G
't ur claim ma~ b~ rth.:n -:d ,II an~ tune b 'll r-: lhi.: -,p1r,111 n of the pcm: i de 1.!11, t ·d ! 1 ..... , ,. .::: of the { 1 \l:m111~111 l tdc. r bdi.m.' 1i11.1I ,1 ·tt II th ·r · in I tal-.-:n h. the< .. n~ ol 11 I Ii tcr. ,, lwh i . t... cc ·-: 1 )fl l) I 0.6 l I th Go, cmmcnt ode.
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 22, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017

TITLE OF ITEM: RESOLUTION NO. 2022-24, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RE-RATIFYING RESOLUTION 2022-18,

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF HOLLISTER DURING A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)

BRIEF DESCRIPTION: Government Code Section 54953 (AB 361) allows legislative bodies to continue remote meetings during a proclaimed local emergency, if social distancing measures are required or recommended. In compliance with AB 361, City Council must review these requirements every 30 days to determine if Council should continue remote participation options for the health and safety of the public and staff.

RECOMMENDATION: That City Council consider whether to ADOPT a Resolution to re-ratify Resolution No. 2022-18, authorizing remote teleconference meetings of the legislative bodies of the City of Hollister during a declared State of Emergency and pursuant to Government Code Section 54953 (AB 361).

DEPARTMENT SUMMARY: Beginning in March 2020, the Governor issued a series of Executive Orders relaxing certain provisions of the Brown Act in response to the COVD- 19 pandemic. In short, those orders allowed local governments to conduct their meetings 100% remotely, so long as members of the public still had the ability to view, listen, and comment on items on the agenda. The most recent of these Orders, EO N- 29-20, expired on September 30, 2021. On September 15, 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continues the Executive Orders allowing for the continuation of remote or “hybrid” (remote and in-person attendance options) meetings.

On November 1, 2021, City Council adopted Resolution No. 2021-202, and again on February 22, 2022, Resolution No. 2022 -18, which declared that a local emergency exists due to the COVID-19 pandemic, and local and state health departments have recommended social distancing and remote meeting options for legislative bodies for the health and safety of the public and staff. In compliance with AB 361, City Council must consider every 30 days if the declared state of emergency still exists, and if recommendations are still present to continue social distancing for the health and safety of the public and staff. If so, Council action is required to re-ratify Resolution 2022-18 to continue to conduct meetings remotely or hybrid remote meetings for an additional 30 days.

Analysis & Background

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AB 361 contains several requirements in order to continue the use of remote meetings.

These include:

 There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.

 During that State of Emergency, either State or local officials have imposed or recommended measures to promote social distancing, or determined that meeting in person would present an imminent risk to the health or safety of attendees.

 In order to continue to utilize remote meetings, the Council must take formal action within 30 days of the first AB 361 meeting, reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

At the time of this staff report, the State of California is still under an emergency declaration due to COVID-19, and both State and local health officials recommend continued social distancing to help stop the spread of the virus. The proposed resolution applies to all of the City’s legislative bodies (as defined by the Brown Act) and will remain in effect for the next 30 days. Thereafter, Council will consider current conditions and whether the emergency is still in effect, and renew the authorization of the continued remote hybrid meetings every 30 days.

FINANCIAL IMPACT: None

CEQA: N/A

ATTACHMENTS:

1. Bill Text - AB-361 Open meetings_ state and local agencies_ teleconferences_

2. Resolution No. 2020-46 Declaring State of Emergency - Hollister

3. Resolution No. 2022-18 - Authorizing Remote Meetings

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RE- RATIFYING RESOLUTION 2022-18, AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF HOLLISTER DURING

A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)

WHEREAS, ON March 4, 2020, Governor Newsom declared a State of Emergency to make addition resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19; and

WHEREAS, on March 13, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-46 declaring a local emergency due to COVID-19; and

WHEREAS, on March 17, 2020, in response to the COVID -19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.

Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and

WHEREAS, as a result of Executive Order N-29-20, staff set up Zoom meetings for all City Council and Commission meetings; and

WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08-21, which placed an end date of September 30, 2021, for agencies throughout the State and requiring local agencies to observe all the usual Brown Act requirements as they existed prior to the issuance of the orders; and

WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and

WHEREAS, on September 16, 2021, Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders; and

WHEREAS, on October 11, 2021, the San Benito County Public Health Department issued a press release stating that they “strongly recommend all legislative bodies continue social distancing measures for public meetings, including offering, at the legislative body’s discretion, a remote or hybrid format for public meetings” which allows “avenues for public access and input and minimizes the risk of contagion for not only the public, but for agency staff”; and

WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Council Members, and Commissioners in their respective meeting locations; and

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WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings.

NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Hollister declares the following:

1. In compliance with AB 361, and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:

a. The City Council has reconsidered the circumstances of the state of emergency; and

b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions, as well as staff and membe rs of the public from meeting safely in person; and

2. City Council and Commission meetings will continue to be conducted in a “hybrid” format, allowing for in-person and remote participation options for the next 30 days in compliance with AB 361, in order t o better ensure the health and safety of the public.

3. The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this Resolution.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-24, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 1/13 SHARE THIS:Date Published: 09/17/2021 09:00 PM
AB-361 Open meetings: state and local agencies: teleconferences.(2021-2022)

Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. [ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies: teleconferences. (1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency’s jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances.

Executive Order No. N-29-20 suspends the Ralph M. Brown Act’s requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites A.5.a
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~~-1 ~IVE INFORMATION

10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 2/13 have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified.

This bill would prohibit the legislative body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social distancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.

This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body. (2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor’s Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment.

The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in A.5.a
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The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location. Under the bill, a legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided.

The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature’s intent, consistent with the Governor’s Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing options. (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last. (6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. (b) (1) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:

A.5.a
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 4/13 (A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website. (f ) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 5/13 (2) For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding. (B) Each teleconference location be accessible to the public. (C) Members of the public may address the state body at each teleconference conference location. (D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment. (d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility. (2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e). (e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable. (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website. (f ) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings. (g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all A.5.a
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(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 7/13 (C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 8/13 (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f ) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 9/13 (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. (B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. (2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter. (B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.
(G) (i) A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed. (ii) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 10/13 (iii) A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. (3) If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing. (4) For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f ) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 A.5.a
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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 11/13 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a) All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both. Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations. (c) (1) No legislative body shall take action by secret ballot, whether preliminary or final. (2) The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 12/13 (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section. (3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members. (e) This section shall become operative January 1, 2024.

SEC. 5. Sections 3.1 and 4.1 of this bill incorporate amendments to Section 54953 of the Government Code proposed by both this bill and Assembly Bill 339. Those sections of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, but this bill becomes operative first, (2) each bill amends Section 54953 of the Government Code, and (3) this bill is enacted after Assembly Bill 339, in which case Section 54953 of the Government Code, as amended by Sections 3 and 4 of this bill, shall remain operative only until the operative date of Assembly Bill 339, at which time Sections 3.1 and 4.1 of this bill shall become operative.

SEC. 6. It is the intent of the Legislature in enacting this act to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options consistent with the Governor’s Executive Order No. N-29-20 dated March 17, 2020, permitting expanded use of teleconferencing during the COVID-19 pandemic.

SEC. 7. The Legislature finds and declares that Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, further, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

This act is necessary to ensure minimum standards for public participation and notice requirements allowing for greater public participation in teleconference meetings during applicable emergencies.

SEC. 8. (a) The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.

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10/22/21, 3:27 PM Bill Text - AB-361 Open meetings: state and local agencies: teleconferences. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB361 13/13 (b) The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1) By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2) By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

SEC. 9. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that state and local agencies can continue holding public meetings while providing essential services like water, power, and fire protection to their constituents during public health, wildfire, or other states of emergencies, it is necessary that this act take effect immediately.

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RESOLUTION NO. 2020-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER, COUNTY

OF SAN BENITO, STATE OF CALIFORNIA, PROCLAIMING THE EXISTENCE OF A

LOCAL EMERGENCY
WHEREAS, the Hollister Municipal Code Section 2.36.060 empowers the City Council to proclaim the existence or threatened existence of a local emergency when said City is affected or likely to be affected by a public calamity and the City Council is not in session, subject to ratification by the City Council within seven days; and WHEREAS, on March 4, 2020, the Executive Department of the State of California, issued Executive Order N-25-20 as a result of the threat of the COVID-19; and WHEREAS, the City of Hollister is proclaiming the existence of a local emergency therein; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and property have arisen within the City caused by a the threat of COVID-19, commencing on or about 3:00 p.m. on the 4th day of March 2020, at which time the City Council of the City of Hollister was not in session; and .

WHEREAS, said City Council does hereby find that the aforesaid conditions of extreme period did warrant and necessitate the proclamation of the existence of a local emergency.

NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said City on the 16th day of March, 2020; and IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of said local emergency, organization of this City shall be prescribed by law, by the State of California Executive Order N-25-20, by Ordinances and Resolutions of the City, and approved by the City Council; and
IT IS FURTHER PROCLAIMED AND ORDERED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Hollister, State of California.

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL
ON FILE: IN THE

OFFICE OF THE CITY CLERK

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Resolution No. 2020-46

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PASSED AND ADOPTED, by the City Council of the City of Hollister at an Emergency meeting held this 13th day of March, 2020, by the following vote:

A YES : Council Members Spencer, Resendiz, Lenoir, and Mayor Velazquez.

NOES: None.

ABSTAINED: None.

ABSENT: Council Member Richman. ----~:=::::---//
.==-----z__--,-/
ATTEST:

Christine Black , MMC, City Clerk
APPROVED AS TO FORM:

Epperson Law Group PC
Ignacio Velazquez, Mayor

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE
OFFICE OF THI:,,,....-----.....

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RESOLUTION NO. 2022-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE

BODIES OF THE CITY OF HOLLISTER DURING A DECLARED STATE OF EMERGENCY AND PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361) WHEREAS, ON March 4, 2020, Governor Newsom declared a State of Emergency to make addition resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID- 19; and
WHEREAS, on March 13, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-46 declaring a local emergency due to COVID-19; and WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issue(i Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, as a result of Executive Order N-29-20. staff set up Zoom meetings for all City Council and Commission meetings; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-oa..:21, which placed an end date of September 30, 2021, for agencies throughout the State and requiring local agencies to observe all the usual Brown Act requirements as they existed prior to the issuance of the orders; and
WHEREAS, since issuing Executive Order N-08-21, the Delta variant has emerged, causing a spike in COVID-19 cases throughout the state; and
WHEREAS, on September 16, 2021 Governor Newsom signed AB 361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders; and
WHEREAS, on October 11, 2021, he San Benito County Public Health Department issued a press release stating that they "strongly recommend all legislative bodies continue social distancing measures for public meetings, including offering, at the legislative body's discretion, a remote or hybrid format for public meetings " which allows "avenues for public access and input and minimizes the risk of contagion for not only the public, but for agency staff'; and
WHEREAS, the City cannot maintain social distancing requirements for the public, staff, Council Members, and Commissioners in their respective meeting locations; and WHEREAS, because of the rise in cases due to the Delta variant, the City is concerned about the health and safety of all individuals who intend to attend Council and Commission meetings.

CITY CF H~-c.'... . '::7
DUPUC .. rE OF 0 ,·/2,;~,-,L
ON FILE I:· . ,.::

OFFICE OF' _______ .....,

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Resolution No . 2022-18
NOW, THEREFORE BE IT RESOLVED THAT, the City Council of the City of Holfister declares the following:

1. In compliance with AB 361 , and in order to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council mak.es the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and its Commissions , as well as staff and members of the public from meeting safely in person; and

2. City Coundf and Commission meetings will continue to be conducted in a "hybrid" format, allowing for in-person and remote participation options for the next 30 days in compliance with AB 361, in order to better ensure the health and safety of the public;. 3 . The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of the Resolution .
. The City Council will revisit the need to conduct meetings remotely within 30 days of the adopt.ion of the Resolution .

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 22nd day of February, 2022 , by the following vote :

AYES: Council ~embers Perez, Resendz, Morales, Burns, and Mayor Velazquez.

NOES:None.

ABSTAJNED:None.

ABSENT:None.

Ar f-tST:

Ignacio Velazquez, Mayor
APPROVED AS TO FORM :

Epperson law Group PC
, .·. person, City Attorney
?
I
t t

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-
I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-18 is an original Resolution, or true and correct copy of a City Resolution. duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 22nd day of February, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 22nd day of February, 2022.
(Seal)

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 18, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Christine Black, City Clerk
CONTACT: Nova Romero, Deputy City Clerk
831-636-4300

TITLE OF ITEM: RESOLUTION NO. 2022-25, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY

CLOSURE OF FIFTH STREET FROM SAN BENITO STREET TO MONTEREY STREET, SUNDAY APRIL 3, 2022, FROM 1:00 P.M. TO 4:30 P.M. FOR FLAG

RAISING CEREMONY

BRIEF DESCRIPTION: This item is requesting the temporary closure of 5th Street from San Benito Street to Monterey Street, for a Flag Raising Ceremony on Sunday, April 3, 2022 from 1:00 p.m. to 4:30 p.m.

RECOMMENDATION: Staff recommends that Council ADOPT a Resolution approving the temporary closure of 5th Street from San Benito Street to Monterey Street, for a Flag Raising Ceremony on Sunday, April 3, 2022 from 1:00 p.m. to 4:30 p.m.

DEPARTMENT SUMMARY: The City Clerk’s Office received a request from Rick Perez for the temporary closure of 5th Street from San Benito Street to Monterey Street, for a Flag Raising Ceremony on Sunday, April 3, 2022 from 1:00 p.m. to 4:30 p.m. At the September 20, 2021 City Council Meeting, Council adopted Resolution 2021-187 (attached) approving a display of the Christian Flag at City Hall from April 3 to April 30, 2022.

The street closure application and public assembly permit application were reviewed and approved by the appropriate Department Heads. The street closure application and public assembly permit for the Flag Raising Ceremony event includes a signed hold harmless agreement, and the certificate of insurance is pending City Council approval.

FINANCIAL IMPACT: Staff time, set up and take down.

CEQA: N/A

ATTACHMENTS:

1. Block Party Permit - Rick Perez_Redacted

2. Public Assembly Permit - Rick Perez_Redacted

3. 2021-09-20 R 2021-187

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE TEMPORARY CLOSURE OF FIFTH STREET FROM SAN BENITO STREET TO MONTEREY STREET, SUNDAY APRIL 3, 2022, FROM 1:00 P.M. TO 4:30 P.M. FOR FLAG RAISING CEREMONY

WHEREAS, the City of Hollister Clerk’s Office received a block party application requesting the temporary closure of Fifth Street from San Benito Street to Monterey Street for a Flag Raising Ceremony; and

WHEREAS, City Council adopted Resolution No. 2021-187 on September 20, 2021, authorizing the display of the Christian Flag at City Hall from April 3 to April 30, 2022; and

WHEREAS, the temporary street closure is requested for Sunday, April 3, 2022, from 1:00 p.m. to 4:30 pm.; and

WHEREAS, the Police Department of the City of Hollister has deemed street closures appropriate for Public Safety issues.

NOW, THEREFORE, BE IT RESOLVED, that street closures pursuant to the following will ensure Public Safety:

Closure of Fifth Street, from San Benito Street to Monterey Street, from 1:00 p.m. to 4:30 p.m. on April 3, 2022.

Said streets will be temporarily closed pursuant to Section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said closing is necessary for the safety of persons.

Public works will put up barricades and signs to re-route traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote :

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC
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Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-25, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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DocuSign Enve lope ID: FCE50F3A-F539-4C8O-B047-5CD45037 F6A7

CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close: -~ >t)
__ SAt,,) ___ §f' ___ ,;J'"'--'\_:\7) __ · ~ __ (street) to Jl1 {) &4<-y' (street), from
(street), on
the 3 :()~ day of __ ~~~l__,\~-· 20~ between the hours of:
/ • ~ D op_and __ :f-,.._:..._.SC?"'----for a Neighborhood Block Party.

Contact Name : __ __,._, __ L~k"'--'""--~--"'--~~=---:L--"""'---Telephone No .:

Ce ll Phone No.: --
Emai l Address :

A lternate Contact Person or ay o e19 or oo oc
Name : . -l Ce ll hone N
Email:

Please provide a map of the party that shows the set up , and pro vide room in the m iddle of the street for emergency vehicle use , in case of an emergency.

LA, S-e G .f.-
l r ")I-'+-po\ e...
cuSI : t \ec.-\:Y",C' ~.
~PMeh1 Services Director 271 7120 22
b C
DocuSigned by:

Fire Chi ef bn1{-t\{illi,y
City Manager 2/17/2022

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DocuS ign Envelope ID: FCE50F3A-F539-4C8D-B047-5CD45037F6A7

GELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT ~ ,J_ :le.,-e.,,, , its employees , agents , officers , representatives, contractors, heirs and assigns, (collectively~pplicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents, or contractors, (collectively "City"), for death , personal injury, property damage , or any other damages which Applicant may have or suffer, or wh ich may hereafter accrue , as a result of the:

D Block Party
0 Parade
1( Public Event
D Banner/Flag
D Other
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity , even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents, whether of a serious or minor nature, occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister; and that participants may occasionally susta in morta l or serious personal injuries, and/or property damage, as a consequence thereof. Knowing the risks of the Act ivity, Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the C ity.

It is further understood and agreed that th is WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such ind ividuals or entities comp ri s in g Applicant, and Applicant will make no claim against, sue , attach the property of, or prosecute the City for injury or damage or economic loss resu lting from the negligence or other acts or omiss ions, howsoever caused , of C ity, as a result of Applicant's participation in, or City's authorization of the Activity , or any other act or om iss ion of City relating to the Activity.

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from :
(a) Any and all claims , demands , causes of action, damages , costs , expenses, losses, or liabilities , in law or in equity, of every kin d and nature whatsoever, for, but not limited to, injury to or death of any person including Applicant , and damages to or destruction of any property of City or Applicant. or any economic loss suffered by Applicant, arising out or of in any manner directly or indirectly connected with the Activity , however caused and regardless of whether or not caused in part by the City. (b) Any and all damages , costs, expenses , or penalties, imposed on account of the violation of any governmental law or regulation , compliance with which is the responsibility of Appl icant.

Applicant s hall, at its own cost. expense and risk, defend all suits, actions, or other legal proceedings of every kind that may be brought or instituted by third persons against the City , relating to the Activity , or to enforce any penalty relating to the Activity . Applicant sha ll pay and satisfy any judgment, award , decree or penalty assessment that may be rendered aga in st City, in any such suit, action or other legal proceedings. Appli cant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing, nothing herein shall be construed to require Applicant to indemnify the City from any claim aris ing from the sole negligence or willful misconduct of the City. /--Jtr&zz
DATE

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DocuSign Enve lope ID: FCE50F3A-F539-4C8D-B047-5CD45037F6A7 State of California
County of San Benito
}
}
}

AFFIDAVIT
I, ~ d;::., ¼Le..--:r affirm that the signatures included with the Block Party Permit are from a majority of residents in the affected area were obtained by me and are in support of:

The temporary closure of: __ ...;:,, .. _5""'-""(XL.JI. ____ _.(..,;:;..st=-re;;;...e ..... O ...... , from ____ _ a,4,v~ (street) to__,/U~[)_;_,""""'2 ...... ~4~--(street), on the 312} day of AtJ , 20 ?-1.-between the hours of:
_ ___._/_2=--____ and __ __,-L/.._-___ for a Neighborhood Block Party. (Start time) (End time)
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature:

Date :_------1-f--,,,,c..2__.f~-~---=---:)::=_:;z_. ______ _

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DocuS ign Env elope ID: FCE50F3A-F53 9-4 C8D -B047 -5CD450 37F6A7 Block Party Street Closure Resident's Signatures
Street to be closed: __ ----.:,:~,,....._,~,-,:;....__~------- from jM fu., b-, S C (street) to ;0,/U)! ~ ::,,:\:
on the 3&J day of ~ ( 20 )4,-between the hours of __ / __ .LI ',.,
and L: >D for a Neighborhood B lo ck Party .
(street).

We, the undersigned do hereby support and consent to the above street being closed based on the information pro vided above.
3 4
5 6
7 8
9 10
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NOMBRE

RESIDENCE

RESIDENCIA
Res idence Address ONLY fSOW la dir,ccJo,, en don« YPY I City or Town ICiJ,dad o L«vlidad1
Residence Address O:'.'IIL Y r.i<JLO la m6oo ni c1a,m FiffJ City or Town tCIJldodo /Jrolidai/J
Residence Address ONLY /SOLO la Ju,cclon ,,. donde vfr"J City or Town (Cilldod o localidadJ
Residen<.-e Addres5 ONLY fSOW la iDn«ion u dondl #wJ
City or Town rCitldodoLocalida;/J
Residence Address ONLY tsOlO la din,:oan.., don« .,;..,,J City or T 0\\n rCi,,dod a l.ocalidad)
Residen..~ Address ONLY rSOlO la dir=i6tr ea do,Je rm)
City or To"-n fCiudod o UiCOlidadJ
Residence Addres · ONLY tSOW la dinccioll e,, dantk •J
City or Town (CTudad o localida.Ji
Residaic-c Address ONLY (SOLO lo dir,mo,, e dtJlm mt}
City or Tov.n rC-radad o I.Da,Jidod)
Residence Address ONLY (SOLO lo dir<tt,,;n .,, do,,d, me) Ci1y or To"n (Ciwiod o loca/idadJ
Residence Addres ONLY (SOLO lo mr«<:ion ,,. dond, -J
City or T o\<11 i Ciudad o Loculidad/
(Duplicate this page as needed in ord er to submit the majority of residents in the affected area.)

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DocuSign Envelope ID : FCES0F3A-F539-4C8D-8047-5CD45037F6A7 ANTICJP,ffED RETURN PERMIT
ATTENDEES IYll1l1N
1000+
Date Received Q/;<p/z.2
By City Clerk~
60+ days
0-1000 45+ days Received
FEB 16 2022
{
-.....

CITY OF HOLLISTER By:.~_w:..~::....-.:;;..._

PUBLIC ASSEMBLY PERMIT
EVENT, tf)uR ~IV!ka &a?
WCATION: stf:It5=
Please complete the permit application and return to the City Clerk within the prescribed time period referenced above. Should you need further space to respond to these questions, please use page 7 or attach your responses to this application. Please attach Certificate of Insurance to th.is application.

I. Applicant
Name Address

2. Sponsoring group(s):

Name Address
Public Assembly Permit
w:
email :

Phone
h:
w:
email:
h:
w:
email:

Page I of9

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DocuS ign Envelope ID : FCE50F3A-F539-4C8O -B047-5CD45037F6A7

3. The person in charge of the Event:

4. Will monitors or security personnel be employed
during the event?
Name Address
Phone
h:
w:

YES @yes, please list below:

Phone
h:
w:
h:
w:
5 . Emergency contact (other than the person in charge of the Event):

6. If private property, please list all property owners:

Name Address Phone
µ Ir+-h:
w:
h:
w:

Public Assembly Permit

Page 2 ends

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DocuS ign Envelope ID : FCE50F3A-F539-4C8D-8047-5CD45037F6A7

7. Please describe the nature of the event:
&le~ 6# I¾ ~

8. Date and time of the Event:

I Datef-j-Jt) ') 2--I Start Tz, I Finis11ljme: 1:00p,n1 . _ ~

9. Please describe the location of the Event, including its boundaries: ·-------- 5--rtsr £.X:~~~~ k p~,,
l 0. Estimated number of participants: __ __,./; ........ t1'-=t:J'-----,

11. Please describe the number of vehicles, animals and/or structures that will be used in the Event: f.....5)C) 0 L
Items Number Describe
Vehicles
Animals
Structures
Other
Public Assembly Permit

Page 3 ends

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DocuSign Envelope ID : FCE50F3A-F539-4C8D-8047-5CD45037F6A7 12 . Please provide a brief description of any sound amplification equipment and illumination to be used at the Event:

Item Number of Units T
Sound/ Amplification
Illumination
Other
k: El
13 . Please provide a brief description of any const ruction of signs or banners to be used for the Event: ~rJ e_
Type Number Materials Location
Banner
Signs

14. Are there parking requirements for the Event: YES (!!§) Please describe:. __________________________ _

15. Will you provide water stations YES B If yes, how many'/ ___ _ Location(s):, _________________________ _
Will you provide first aid? YE~ If yes , how many? ___ _ Location(s): ________________________ _
Will you provide comfort stations
(portable restrooms)
YES @ Ifyes,howmany? ___ _
Location(s):. _________________________ _
Pub lic Assembly Permit
Pa ~4of 9

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DocuSign Envelope ID: FCE50F3A-F539--4C8D-B047-5CD45037F6A7

16. Will there be vendors at the Event?
Please describe:

YES t§) If yes, how many? ___ _
Type Number Description Business License
Food
Drinks
Other

17. Please list any and all government agencies requiring a permit for the Event:

Permit Agency Description Current Status
/i ) I I+-
ADDITIONAL INFORMATION (PARADES):

1. Parade assembly will begin to assemble at:. __ !v--4/_",_,t-__________ _ 2 . Parade assembly point will be:. __________________ _

3. Parade route will be: ______________________ _

4. Interval space to be maintained between units: _____________ _

5. Number of Floats:. _____ _ Other Vehicles: ---------- Sizes: ______________ _
Public Assembly Pennit

Page 5 ends

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DocuS ign Envelope ID: FCE50F3A-F539-4C8D-8047-SCD45037F6A7 I
Public Assembly Application for Event "our City under God" on April 3, 2022, 1-4:30 p.ml-·.---...J (includes street closure request , attached)
CITY USE 0 . Y
****************************************************************************** A PP LICATION IS:
[x] APPRO ED
0 DE IED
□ RETUR 1ED 2/17/2022
Explanatio n : _____________________________ _
□ THI PERMIT R EQUIRES FURTHER INFOR.M . TIO
Explanation :. _____________________________ _
□ TH[ PERMfT REQUIRES THE FOLLO\ NG CONDlTIO S:

FURTHER APPROVAL BY:
2/17/2022
0 a~v-~ Pv-o.-~ 211s12022
D T SER lCES DIR E TO R
□ r;:;ne~ms
~A~~m T SER VICES DIRECTOR
2/17/2022
Pubrc .lie ,i:m ly P :nni1
G,~ ... -•,,
□ ~se~ MAN GER 2/17/2022 ,~
0 ~DIRECTOR 2/1 712022

D -------------
OTH ER
Pa!-'<' 6 of9

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DocuSign Envelope ID: FCE5dt3A-F539-4C8D-B047-5CD45037F6A7 r Please use this page for any additional information you may need to provide. □
□
□
□
Public; Assembly Pen-nit

Page 7 ends

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DocuS i gn Enve lop e ID: FCE50 F3A-F539-4C8D-B047-5CD45037F6A7

EASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
-t~...,_.,":'-""'...-+"--""=~-+---' its employees, agents, officers, representatives, contractors, hetrs and assigns, (coUec e y "Applicant"), hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents, or contractors, (collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:
0 Block Party
D Parade
)i_ Public Event
D Banner/Sign
□ Other
(''the Activity"). This RELEASE is intended to discharge the City In advance from any and aJI liability arising out of or connected in any way with the Activity, even though that liability may arise out of ne.gligence or carelessness on the part of the City.

Applicant further understands that accidents, whether of a serious or minor nature, occasionally occur during the course of an Activity such as that for which Applicant has requested pennission from the City of Hollister, and that participants may occasionally sustain mortal or serious personal injuries, and/or property damage, as a consequence thereof. Knowing the risks of the Activity, Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City .

It is further understood and agreed that this WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individuals or entities comprising Applicant, and Applicant will make no claim against, sue, attach the property of, or prosecute the City for injury or damage or economic loss resulting from the negligence or other acts or omissions, howsoever caused , of City, as a result of Applicant's participation in, or City's authorization of the Acti vity, or any other act or omission of City relating to the Activity.

App li cant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from:
(a) Any and all claims, demands, causes of action, damages, costs , expenses , losses , or liabilities, in law or in equity, of every k ind and nature whatsoever, for, but not limited to, injury to or death of any person including Applicant, and damages to or destruction of any property of City or Applicant, or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity, however caused and regardless of whether or not caused in part by the City. (b) Any and all damages, costs, expenses, or penalties, imposed on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Applicant.

Applicant sha ll, at its own cost, expense and risk, defend all suits, actions, or other legal proceedings of every kind that may be brought or instituted by third persons against the City, relating to the Activity, or to enforce any pena lty relating to the Activity. Applicant shall pay and satisfy any judgment, award, decree or penalty assessment that may be rendered against City, in any such suit, action or other legal proceedings. Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing, nothing herein shall be construed to require Applicant to indemnify the City from any claim · ing from the sole negligence or · · ·
DATE
Public Assembly Permit
Page8 of9
._____,Jr

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RESOLUTION NO. 2021-187

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE DISPLAY OF THE CHRISTIAN FLAG DURING THE MONTH OF APRIL 2022 AT CITY HALL TO REPRESENT THE CHRISTIAN COMMUNITY AND

UNIFY THE CITY
WHEREAS, the City Council of the City of Hollister received a request from Council Member Perez to display the Christian flag to represent the Christian community and unify the City; and
WHEREAS, the City's flagpoles are not intended to be a forum for free expression by the public; and
WHEREAS, the Christian Flag will be flown on April 3 through April 30, 2022, at City Hall.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the display of the Christian Flag on the City flagpole located in front of City Hall April 3 through April 30 , 2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th day of September, 2021, by the following vote:

AYES: Council Members Perez, Burns, and Resendiz.

NOES: ~i.ayor Velazquez .

ABSTAINED: None.

ABSENT: None.

ATTEST :
~c~bcrerk
Ignacio Velazquez , Mayor
APPROVED AS TO FORM:

Epperson Law Group PC
L--__
CITY OF HOU.ISTER
D IC fE OF RIGI NAL
t, HU:: IN TH E
G t-~ .... vi-H E CITY CLERK

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-187 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a Regular Meeting of said Council held on the 20th day of September, 2021, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 20th day of September, 2021. y/U!----J;L__ P.r Christine Black, MMC
City Cierk of the City of Hollister
(Seal)
CITY O F HOWS ~R
D J PUCATE OF O IC. !\AL
ON FILE I '~
OFFICE OF Ev , ~L.ER K

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

Planning
Abraham Prado, Planning
Manager
CONTACT: Eva Kelly, Associate Planner
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-26, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 440 SAN BENITO STREET PROJECT FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 49 (PUBLIC FACILITIES SERVICES)

BRIEF DESCRIPTION: The City Council will consider including the 440 San Benito Street Project into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructure related to the project. Only property within the City boundaries may be added to CFD No. 4, and the 440 San Benito Street Project is within the City.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 440 San Benito Street Project for the annexation of territory into CFD No. 4.

DEPARTMENT SUMMARY: In 2014, Section 53340 of the Mello-Roos Act (the “Act”) was amended to allow parcels to be annexed into an existing Communities Facilitie s District with the unanimous approval of property owners in the impacted area. The change introduced an economical, streamlined and creative solution to providing public improvement maintenance services for development projects. The 440 San Benito Street Project will be included in Community Facility District No. 4 under this streamlined process. This is the 49th project to be annexed to CFD No. 4 since its creation in 2014.

The Site & Architectural Review for the 440 San Benito Street Project was approved by the planning commission with a condition of approval that the developer consents to include the project in the City’s CFD No. 4. The final map that will be recorded for the project includes an owner’s consent statement with regard to their participati on with the CFD No. 4. The developer/owners have each executed a “Unanimous Approval” and “Petition, Including Consent and Waiver” agreeing to this action.

FINANCIAL IMPACT: The property owners will pay all costs associated with including their project in CFD No. 4, and the special taxes collected by CFD No. 4 will pay for maintenance of the public facilities for the subdivision . Rates may vary by project as the actual cost of services for and services provided to each annexation area may be different. The maximum Special Tax for Fiscal Year 2021 -22 for all Parcels of Developed Property in Tax Zone 1 shall be $1,730.07 per acre of developed, non - residential property. On July 1, 2022 and each July 1 thereafter, the maximum special tax for Developed Residential units shall be increased by the amount equal to the percentage change in the Consumer Price Index.

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CEQA: This Annexation does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.

ATTACHMENTS:

1. 440 San Benito St CFD 4 Documents

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 440 SAN BENITO STREET

PROJECT FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 49 (PUBLIC FACILITIES SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Government Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and

WHEREAS, The City has received a consent and waiver from Mark Engstrom, which constitutes a portion of the future annexation area, for annexation into the District.

NOW, THEREFORE, the City Council of the City of Hollister, does hereby resolve as follows:

SECTION 1
The Council hereby determines to institute proceedings for the annexation of the 440 San Benito Street Project into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the 440 San Benito Street Project” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the 440 San Benito Street Project, which a rea is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adopti on of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall file a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedures contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by A.7
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recordation of a continuing lien against all non -exempt real property in the proposed 440 San Benito Street Project boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the 440 San Benito Street Project will not result in any change to the special tax rates levied in the District prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the 440 San Benito Street Project boundary.

SECTION 5
This Resolution shall take effect from and after the date of its passage and adoption.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the proposed boundary of the 440 San Benito Street Project for the annexation of Territory into Community Facilities District No. 4, Annexation No. 49 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-26, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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Recorded By and Return To:

City Clerk's Office
City of Hollister
375 Fifth Street
Hollister, CA 95023
To Be Recorded Without Fee Per Government Code Section 27383

REQUESTING THE ANNEXATION OF PROPERTY INTO
COMMUNITY FACILITIES DISTRICT NO. 4
(440 SAN BENITO STREET) ANNEXATION NO. 49
ASSESSOR PARCEL NUMBER (054-110-038)

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UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF HOLLISTER
Community Facilities District No. 4
To the Honorable City Council,
City of Hollister
375 Fifth Street
Hollister, CA 95023
Members of the City Council:
(Public Facilities Services)
Tax Zone No. 1
January 6, 2022
This constitutes the Unanimous Approval (the "Unanimous Approval") of the record owner(s) (the "Property Owner") of the fee title to the real property identified below (the "Property") contemplated by Section 53339.3 et seq. of the Mello-Roos Community Facilities Act of 1982, as amended (the "Act") to annexation of the Property to the City of Hollister Community Facilities District No. 4 (the "CFO"), and it states as follows:

1. Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee title to the Property. The Property Owner has supplied to the City current evidence of its ownership of fee title to the Property.

2. Approval of Annexation. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFO.

Exhibit A includes the area to be annexed. The CFO was formed to finance the municipal services (the "Services") described in the Notice of Special Tax Lien recorded in the Office of the County Recorder of the County of San Benito, State of California on June 22, 2015 at the hour of 10:40 am as Document No. 2015-0005911 ("CFO No. 4 Notice of Special Tax Lien").

3. Approval of Special Tax and the Services. This Unai-,ii-.,.::,i..i~ A;:,;:,;·.:,·;.:.: ~v;-,;:.-:;:~:.:.;; ~: . .:- unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the "Special Taxes") on the Property to finance the Services according to the Rate and Method of Apportionment of Special Taxes for the CFO attached hereto as Exhibit C the ("Rate and Method"). Exhibit B includes the cost estimate for the Services . ..... ".:'.:..;-.;,;·..:,, .::. .. ~ ',,\:,~e. T:,a Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339.3 et seq. of the Act and Article XIIIA of the California Constitution . The Property Owner hereby waives all time limits, notices, and procedures that might otherwise be required in connection with the annexation of the Property to the CFO.

5. Recordation of Amendment to Notice of Special Tax Lien. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the CFO No. 4 Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.

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The amendment to the CFD No. 4 Notice of Special Tax Lien shall include the Rate and Method as supplemented by the Supplement as an exhibit thereto.

6. Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFD shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property.

7. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

8. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval, including any cash deposit required to pay for the City's costs in annexing the Property to the CFD.

9. The Property. The Property is identified as follows:

Address:

APN:
440 San Benito Street
054-11 0-038
Acres: 0.16

10. Voting. As there are less than twelve registered voters within the area designated for this annexation, votes are allocated on a per-acre basis . The votes for and against this annexation area as follows:

Total Acres: 0.16
Total Votes: 1
No. of Votes Yes 1
No. of Votes No 0
By executing this Unanimous Approval, the Property Owner agrees to all of the above.

Annexation No. ~
Property Owner:

Community Foundation for San Benito County
By:~
Name: GUsyrne
Title: President/ CEO
Notice Address: 829 San Benito Street,
Suite 200, Hollister, CA 95023
(attach acknowledgment by notary)

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

State of California
County of San Benito
on _0_ll_l_ll_2_0_22 _____ before me, _M_I_C_KY_AS_W_O_U_B_N_E_H_N_O_T_A_R_Y_P_U_B_LI_C __ _ (insert name and title of the officer)
personally appeared _G_A_R_Y_B_Y_R_N_E ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official
(Seal)
e e tftd'J> dl>dh ♦ e ~

MICKYAS WOUBNEH
NotMy Public -California 2
San 8£'nito County f.

Commission ii 2278757 ·•
My Comm. Expires Feb 24, 2023

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EXHIBIT A

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BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 4

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, FEBRUARY 2022 I ANNEXATION N0.1 SUBDIVISION/PROJECT I TRACT NO. I
I 49 I 440 SAN BENITO STREET I I

CITY CLERK'S STATEMENT
t HEMBY CERTIFY THAT THE WTHIN WP SHOVlfNG PROPOSED BOUNOARJES OF HOWSTER COMMUNITY FACIUT/ES DISTRICT NO.S CITY OF HOW STER, COVNTY OF SAN BENITO, STA TE OF CALJFDRN/A ~S APPROVED BY THE CITY COUNCIL OF THE CITY OF HOW STER AT A MEET1NG THEROF, HELD ON THE _______ DAYOF ________ 2021BYITSRESOLIIT10NNO _______ .

CHRISTINE BLACK, MMC, CITY CLERK

CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON ____ IN THE HOWSTER CITY CLERK'S OFFICE.

MARK FALGOUT, P.E., CPSVIIO, 0S0. KIMLEY4iORN

INTERIM CITY ENGINEER FOR THE CITYOF HOWSTER

COUNTY RECORDER'S STATEMENT
FILED THI S ---~DAYOF=~===• 202' AT THE HOUR OF ____ O'CLOCK __ M., IN SOOK ____ OF MA.PS OF- ASSESSMENT AND COMMUNITY FACJUnES DISTRICT AT PAGE. IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO STATE OF

CAUFORNIA
COUNTY RECORDER, COUNTY OF SAN BENrTO
,__

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Cost Estimate (Fiscal Year 2021-22):

Cost Item
Annual Maintenance Costs:

Contingency (3%)
Annual Administrative Costs:

Total Annual Costs
Number of Acres

EXHIBIT B
Annual Costs
$251.00
$7.18
$25.00
$283.18

0.164

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EXHIBIT C

CITY OF HOLLISTER
Community Facilities District No. 4

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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CITY OF HOLLISTER
COMMUNITY FACILITIES DISTRICT NO. 4

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor's Parcel in the City of Hollister Community Facilities District No. 4 ("CFO'') shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property as described below. All of the property in CFO No. 4, unless exempted by law or by the provisions of Section E. below, shall be taxed for the pw:poses, to the extent and in the manner herein provided, including property subsequently annexed to the CFO unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accessory Unit" means a second residential unit of limited size e.g. granny cottage second unit that shares a Parcel with a single-family detached unit. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, set forth in Chapter 2.5 of division 2 of title S of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the formation and administration of CFD No. 4 including but not limited to the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs · to the City or CFD or any designee thereof of complying with CFD or obligated persons disclosure requirements associated with the Act, the costs associated with preparing Special Tax disclosure statements; the costs associated with responding to public inquiries, protests or appeals regarding the Special Taxes; the costs of the City annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or adv...:.~ ~j"" the City or CFO for any other administrative purposes of the CFO including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.

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City of Hollister, CFD No. 4 Rate & Method ~ Apportionment I

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"Administrator" means an official of the City, firm designated by the City, or any designee thereof responsible for detennining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
"Affordable Housing" means housing as defined in Section 16.64.025 of the City municipal code ( or as amended).
"Assessor" means the County assessor.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" or "APN" means a unique num~ assigned to an Assessor's Parcel by the Assessor for purposes of identifying a property. "Autb.oriud Services" means the public services authorized to be funded by the CFD as set forth in the documents adopted by the Council when the CFD was formed. "Building Permit" means a single permit or set of permits required to construct an entire residential or non-residential structure.
"CFD" or "CFD No. 4" means the City of Hollister Community Facilities District No. 4. "CFD Formation" means the date on which the Resolution of Formation to form CFD No. 4 was adopted by the City Council.
"City" means the City of Hollister.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bmeau of Labor Statistics for "All Items" in the San Francisco/ Oakland/ San Jose Area Urban Wage Earners and Clerical Workers, measured each calendar year. If this index ceases to be published, the Consumer Price Index will be another index as determined by the CFD Administrator or City that is reasonably comparable to the Consumer Price Index for the San Francisco Bay Area. "Council" means the City Council of the City acting as the legislative body ofCFD No. 4. "County" means the County of San Benito.

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"County Recorder" means the County of San Benito's Office of the Recorder. "Developed Property" means in any Fiscal Year all Parcels of Taxable Property for which Building Permits have been issued on or prior to June I of the preceding Fiscal Year. "Final Subdivision Map" or "Final Map" means a recorded subdivision map or recorded parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.).
"Fiscal Year" means the period starting on July I and ending on the following June 30. "Homeowners Association Property" or "HOA Property" means a property within the boundaries of the CFD that is owned by, or irrevocable dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association.
"L1111d Use Categories" means Single-Family Detached Property, Multi-Family Property, and Non-Residential Property.
"Maximum Special Tu" means the maximum Special Tax determined in accordance with Section C. that can be levied in any Fiscal Year.
"Multi-Family Property" means in any Fiscal Year, all Parcels of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more Residential Units that share a common wall.
"Non-Residential Property" means in any Fiscal Year, all Parcels of Developed Property which are not Single-Family Detach_ed Property or Multi-Family Property. Notwithstanding the foregoing, if a Building Permit is issued for a structure that will include both Residential Units and non-residential uses, the Administrator shall delineate the Land Use Categories on the Parcel in order to calculate Special Taxes pursuant to Section C. below. "Proportionately" means for Developed Property that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property Proportionately means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Undeveloped Property.

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"Public Property" means for each Fiscal Year (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the St.ate of California, the City or any other public agency provided however that any property leased by a public agency to a private entity and subject to taxation Wlder Section 53340.1 of the Act, (as such section may be amended or replaced), shall be taxed and classified in accordance with its use or (ii) any property within the boundaries of the CFD that is encumbered by an 1mmanned . utility easement making impractical its utili1Jltiou for other than the pmpose set forth in the easement.
"Residential Property" or "Residential Unit" means (i) Single-Family Detached Property and (ii) Multi-Family Property. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a Residential Unit for pwposes of this RMA. "RMA" means this Rate and Method of Apportionment of Special Tax. "Single-Family Detached Property" means in any Fiscal Year, all Parcels of Developed Property for which a Building Permit(s) was issued for construction of a Residential Unit that does not share a common wall with another Residential Unit "Special Tu" means any tax levied within the CFD to pay the Special Tax Requirement "Special Tu Requirement" means the amount of revenue needed in any Fiscal Year to pay for the following (i) Authorized Services, (ii) Administrative Expenses and (iii) if the Special Tax is not collected and apportioned under the Teeter ·Plan, amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or based on delinquency rates in prior years which may be expected to occur in the Fiscal Year in which the Special Tax will be collected, (iv) less a credit for the amount of the prior's years tax delinquencies plus penalties and interest collected and apportioned to the City for the Special Tax. "Tuable Property" means all Assessor's Parcels within the boundaries of CFD No. 4 that are not exempt from the Special Tax pursuant to law or Section E. below. "Tu Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All of the property within CFD No. 4 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to the CFO and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor's Parcels included within a new Tax Zone established when such Parcels are annexed to the CFO shall be identified by Assessor's Parcel Number in the Unanimous Approval Form that is signed by the owners of the Parcels at the time of annexation.

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City of Holllster, CFD No. 4 Rate & Method of ApportlOMlent I

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"Teeter Plan" means the alternative procedure for the distribution ·of property tax levies on the secured roll made by the County pursuant to Revenue and Taxation Code Sections 4701-4717. "Unanimous Approval Form" means that form executed by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner's approval and unanimous vote in favor of annexing into the CFD and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.
"Undeveloped Property" means in any Fiscal Year all Parcels of Taxable Property in CFO No. 4 that are not Developed Property.

B. ADMINISTRATIONOFANNUALTAXLEVY
Each Fiscal Year,~ Administrator shall identify the current Assessor's Parcel Numbers for all Parcels of Taxable Property within the CFD. The Administrator shall also determine: (i) whether each Assessor's Parcel of Taxable Property is Developed Property or Undeveloped Property, (ri) which Tax Zone each Assessor's Parcel is located in, and (iii) the Special Tax Requirement for the then-current Fiscal Year. In any Fiscal Year if it is determined that: (i) a Final Map or parcel map for a portion of property in CFO No. 4 was recorded after the last date upon which the Assessor will incorporate the newly-created parcels into the then current tax roll, (ii) because of the date the Final Map or parcel map was recorded the Assessor does not yet recognize the new parcels created by the Final Map or parcel map, and (iii) one or more of the newly-created parcels meets the definition of Developed Property, the Administrator shall calculate the S~~ Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly-created Parcel then applying the sum of the individual Special Taxes to the parcel that was subdivided by recordation of the Final Map or parcel map.

C. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Developed Property within Tax Zone 1 shall be:

Residential Property $205 per Unit
Non-Residential Property $1,430 per Acre

2. Undeveloped Property
The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Undeveloped Property within Tax Zone 1 shall be: $1,430 per Acre .

3. Escalation of Muimum Special Tu
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On July 1, 2015 and each July 1 thereafter the Maximum Special Tax for Developed Property and Undeveloped Property shall be increased by an amount equal to the percentage change in the Conswner Price Index. The maximwn increase in any Fiscal Year may not exceed 4.0%.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy the Special Tax on all Parcels of Taxable Property as follows:

Step 1: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.

Step 2: If additional revenue is needed after Step 1, the Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100°/4 of the Maximum Special · Tax for each Parcel for such Fiscal Year until the amount levied when combined with the amount levied pursuant to Step 1 is equal to the Special Tax Requirement.

The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however; that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFO, and the Special Tax shall be equally subject to foreclosure if delinquent
E. EXEMPTIONS
Notwithstanding any other provision of this RMA no Special Tax shall be levied on Parcels of Public Property except as otherwise provided in the Act F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition the interpretation and application of any section of this dQCument sball be left to the City's discretion. Interpretations may be made by the City by resolution or ordinance of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Special Tax sball be levied in perpetuity, as long as the Authorized Services are provided by the City, as necessary to pay the Special Tax Requirement.

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City of Holllster, a:o No. 4 Rate & Method of Apportionment I

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Consent Items DEPARTMENT:

DEPARTMENT HEAD:

Planning
Abraham Prado, Planning
Manager
CONTACT: Eva Kelly, Associate Planner
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-27, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 90 FALLON ROAD PROJECT FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 50 (PUBLIC FACILITIES SERVICES)

BRIEF DESCRIPTION: The City Council will consider including the 90 Fallon Road Project into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructure related t o the project. Only property within the City boundaries may be added to CFD No. 4, and the 90 Fallon Road Project is within the City.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 90 Fallon Road Project for the annexation of territory into CFD No. 4.

BRIEF DESCRIPTION: The City Council will consider including the 90 Fallon Road Project into Community Facilities District No. 4 (“CFD No. 4”) to fund public services necessary to maintain public infrastructure related to the project. Only property within the City boundaries may be added to CFD No. 4, and the 90 Fallon Road Project is within the City.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister approving the proposed boundary of the 90 Fallon Road Project for the annexation of territory into CFD No. 4.

ATTACHMENTS:

1. 90 Fallon Rd CFD 4 Documents

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSED BOUNDARY OF THE 90 FALLON ROAD PROJECT

FOR THE ANNEXATION OF TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 4 ANNEXATION NO. 50 (PUBLIC FACILITIES SERVICES)

WHEREAS, the City Council (the “Council”) of the City of Hollister (the “City”) has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) (the “District”) pursuant to the California Governmen t Code (the “Code”) sections 53328 and 53340; and

WHEREAS, the District will finance authorized services stated in the rate and method of apportionment of the special tax, which is on file with the City Clerk; and

WHEREAS, the Council has provided for the annexation of future territory (the “Future Annexation Area”) to the District pursuant to the terms and provisions of the Act; and

WHEREAS, The City has received a consent and waiver from Mark Engstrom, which constitutes a portion of the future annexation area, for annexation into the District.

NOW, THEREFORE, the City Council of the City of Hollister, does hereby resolve as follows:

SECTION 1
The Council hereby determines to institute proceedings for the annexation of the 90 Fallon Road Project into the District under the terms of the Act. The exterior boundaries of the area to be annexed are hereby specified and described to be as shown on that certain map now on file in the office of the City Clerk entitled “Proposed Boundary of the 90 Fallon Road Project” to Community Facilities District No. 4 of the City of Hollister (Public Facilities Services) which map indicates by a boundary line the extent of the territory included in the Annexation Boundary and shall govern for all details as to the extent of this project.

SECTION 2
The map showing the 90 Fallon Road Project, which area is to be subject to a special tax to be levied, is hereby approved and adopted. On the original and one copy of the map of such Boundary Map on file in the City Clerk’s office , the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolution. The City Clerk shall file the original of such map in her office and, within fifteen (15) days after the adoption of this Resolution, the City Clerk shall f ile a copy of such map so endorsed in the records of the County Recorder, County of San Benito, State of California.

SECTION 3
Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with procedu res contained in the Act a special tax (the “Special Tax”) sufficient to finance authorized services stated in the rate and method of apportionment of the Special Tax within the District. The Special Tax will be secured by recordation of a continuing lien against all non-exempt real property in the proposed 90 A.8
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Fallon Road Project boundary. The schedule of the rate and method of apportionment and manner of collection of the Special Tax is described in detail in Exhibit “C” attached to the Unanimous Approval. The annexation of the 90 Fallon Road Project will not result in any change to the special tax rates levied in the District prior to such annexation.

SECTION 4
Pursuant to the Act, no additional hearings or elections are required given the unanimous consent to the annexation by all property owners within the 90 Fallon Road Project boundary.

SECTION 5
This Resolution shall take effect from and after the date of its passage and adoption.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister approving the proposed boundary of the 90 Fallon Road Project for the annexation of Territory into Community Facilities District No. 4, Annexation No. 50 (Public Facilities Services).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-27, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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Recorded By and Return To:

City Clerk' s Office
City of Hollister
375 Fifth Street
Hollister, CA 95023
To Be Recorded Without Fee Per Government Code Section 27383

REQUESTING THE ANNEXATION OF PROPERTY INTO
COMMUNITY FACILITIES DISTRICT NO. 4
(90 FALLON ROAD) ANNEXATION NO. 50
ASSESSOR PARCEL NUMBER (051-120-018)

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UNANIMOUS APPROVAL
of Annexation to a Community Facilities District
and Related Matters

CITY OF HOLLISTER
Community Facilities District No. 4
(Public Facilities Services)
Tax Zone No. 1
January 11, 2022
To the Honorable City Council ,
City of Hollister
375 Fifth Street
Hollister, CA 95023
Members of the City Council :

This constitutes the Unanimous Approval (the "Unanimous Approval") of the record owner(s) (the "Property Owner") of the fee title to the real property identified below (the "Property") contemplated by Section 53339 .3 et seq . of the Mello-Roos Commun ity Facilities Act of 1982, as amended (the "Act") to annexation of the Property to the City of Hollister Community Facilities District No. 4 (the "CFO"), and it states as follows :

1. Property Owner. This Unanimous Approval is submitted by the Property Owner as the record owner(s) of fee t itle to the Property . The Property Owner has supp lied to the City current evidence of its ownership of fee title to the Property .

2. Approval of Annexation . This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the annexation of the Property to the CFO.

Exhibit A includes the area to be annexed . The CFO was formed to finance the municipal services (the "Services") described in the Notice of Special Tax Lien recorded in the Office of the County Recorder of the County of San Benito , State of California on June 22, 2015 at the hour of 10:40 am as Document No . 2015-0005911 ("CFO No. 4 Notice of Special Tax Lien").

3. Approval of Special Tax and the Services. This Unanimous Approval constitutes the unanimous approval and unanimous vote by the Property Owner in favor of the levy of special taxes (the "Special Taxes") on the Property to finance the Services according to the Rate and Method of Apportionment of Special Taxes for the CFO attached hereto as Exhibit C the ("Rate and Method"). Exhibit B includes the cost estimate for the Services .

4. Waivers and Vote. The Property Owner hereby confirms that this Unanimous Approval constitutes its approval and unanimous vote as described herein and as contemplated by Section 53339 .3 et seq . of the Act and Article XIIIA of the Californ ia Constitution. The Property Owner hereby waives all t ime limits, notices , and procedures that might otherwise be required in connection with the annexation of the Property to the CFO.

5. Recordation of Amendment to Notice of Special Tax Lien. The Property Owner hereby authorizes and directs the City Clerk to execute and cause to be recorded in the office of the County Recorder of the County of San Benito an amendment to the CFO No. 4 Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.

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The amendment to the CFO No. 4 Notice of Special Tax Lien shall include the Rate and Method as supplemented by the Supplement as an exhibit thereto.

6. Authority Warranted. The Property Owner warrants to the City that the presentation of this Unanimous Approval, any votes, consents or waivers contained herein, and other actions mandated by the City for the annexation of the Property to the CFO shall not constitute or be construed as events of default or delinquencies under any existing or proposed financing documents entered into or to be entered into by the Property Owner for the Property, including any "due-on-encumbrance" clauses under any existing security instruments secured by the Property.

7. Due Diligence and Disclosures. The Property Owner agrees to cooperate with the City and its attorneys and consultants and to provide all information and disclosures required by the City about the Special Taxes to purchasers of the Property or any part of it.

8. Agreements. The Property Owner further agrees to execute such additional or supplemental agreements as may be required by the City to provide for any of the actions and conditions described in this Unanimous Approval , including any cash deposit required to pay for the City's costs in annexing the Property to the CFO.

9. The Property. The Property is identified as follows :

Address :

APN:

Acres :
90 Fallon Street
051-120-018
4 .27

10. Voting. As there are less than twelve registered voters within the area designated for this annexation, votes are allocated on a per-acre basis . The votes for and against this annexation area as follows :

Total Acres : 4 .276
Total Votes : 5
No . of Votes Yes 5
No. of Votes No O
By executing this Unanimous Approval, the Property Owner agrees to all of the above .

Annexation No . ~O
Property o1wner:

Hollister Self Storage LLC
By:_-+--+---'--+--__,,,.._ _______ _
Name: o~ A r-. 0' S ~
Title : M~ l\g ['h__J µel-.,{~~
Notice Address : 1205 Freedom Boulevard
Watsonville, CA 95076
(attach acknowledgment by notary)

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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SANTA CRUZ
On ____ February 16, 2022 __ before me, Kelly Baldwin, a Notary Public, (here insert name and title of the officer) personally appeared, __ Joshua C. Fischer _______ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
(Seal)

OPTIONAL

KELLY BALDWIN
Notary Public • California 2
Santa Cruz County !
Commission If 2382981
c.;:,o••'• My Comm. Expires Nov 17, 2025
Although the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

DESCRIPTION OF ATTACHED DOCUMENT
Unanimous Approval of Annexation to a Community Facilities District of Related Matters

TITLE OR TYPE OF DOCUMENT

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EXHIBIT A

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BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 4

CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, FEBRUARY 2022 I ANNEXATION No.j SUBDIVISION/PROJECT
I so I 90 FALLON ROAD

I TRACT NO, I

CITY CLERK'S STATEMENT
I HEREBY CERnFY THAT THE 'MTHIN A«P SHD»fNG PROPOSED BOUNOARJES OF HOW STER COMMUNITY FACIUnEs DISTRICT N0.5 CITY OF HOW STER, COUNTY OF SAN BENITO, STATE OF CAUFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOW STER. AT A MEE TT NG THEROF, HELD ON THE _______ DAYOF ________ 2021BYITSRESOLt/T10NNO ______ _
CHRISTINE BLACK. MMC, CITY CLERK

CITY ENGINEER'S STATEMENT
THIS OIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON ____ IN THE HOWSTER CITY CLERK'S OFFIC£
MARK FALGOUT, P.E., CPS'Ml, aso. KlMLEY-HORN

INTERIM CITY ENGINEER FOR THE CITY OF HOWSTER

COUNTY RECORDER'S STATEMENT
FILEDTHIS====·DAYOF _____ .201/AT THEHOUROF ____ O'CLOCK __ M..INBOOK ____ OFMAPSOf ASSESSMENT AND COMMUNITYFACJUTTES DISTRICT AT PAGE ____ IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO STATE OF

CALJFORNIA
COUNTY RECORDER. COUNTY OF SAN BENITO
,__

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Cost Estimate (Fiscal Year 2021-22):

Cost Item
Annual Maintenance Costs:

Contingency (3%)
Annual Administrative Costs:

Total Annual Costs
Number of Acres

EXHIBIT B
Annual Costs
$7,150.00
$212.00
$25.00
$7,387 .00

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EXHIBIT C

CITY OF HOLLISTER
Community Facilities District No. 4

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

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EXHIBITC

CITY OF HOLLISTER
COMMUNITY FACILITIES DISTRICT No. 4

RA TE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor's Parcel in the City of Hollister Community Facilities District No. 4 ("CFD") shall be levied and collected according to the tax liability determined by the Administrator through the application of the appropriate amount or rate for Taxable Property as described below. All of the property in CFD No . 4, unless exempted by law or by the provisions of Section E. below, shall be taxed for the purposes, to the extent and in the manner herein provided, including property subsequently annexed to the CFD unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Accessory Unit" means a second residential unit of limited size e.g. granny cottage second unit that shares a Parcel with a single-family detached unit. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map or if the land area is not shown on an Assessor's _Parcel Map, the land area shown on the applicable Final Map or other recorded County parcel map. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, set forth in Chapter 2.5 of division 2 of title 5 of the California Government Code. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the formation and administration of CFD No. 4 including but not limited to the costs of computing the Special Tax and preparing the annual Special Tax collection schedules (whether by the City or any designee thereof or both); the costs of collecting the Special Taxes; the costs to the City or CFD or any designee thereof of complying with CFD or obligated persons disclosure requirements associated with the Act, the costs associated with preparing Special Tax disclosure statements; the costs associated with responding to public inquiries, protests or appeals regarding the Special Taxes; the costs of the City annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD for any other administrative purposes of the CFD including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes.

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City of Hollister, CFD No. 4 Rate & Method of Apportionment

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"Administrator" means an official of the City, firm designated by the City, or any designee thereof responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax.
"Affordable Housing" means housing as defined in Section 16.64.025 of the City municipal code ( or as amended).
"Assessor" means the County assessor.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number.
"Assessor's Parcel Map" means an official map of the County Assessor designating parcels by Assessor's Parcel Number.
"Assessor's Parcel Number" or "APN" means a unique number assigned to an Assessor's Parcel by the Assessor for purposes of identifying a property. "Authorized Services" means the public services authorized to be funded by the CPD as set forth in the documents adopted by the Council when the CFD was formed . "Building Pe1·mit" means a single pennit or set of permits required to construct an entire residential or non-residential structure.
"CFD" or "CFD No. 4" means the City of Hollister Community Facilities District No. 4. "CFD Formation" means the date on which the Resolution of Formation to form CFD No. 4 was adopted by the City Council.
"City" means the City of Hollister.
"Consumer Price Index" means the Consumer Price Index published by the U .S. Bureau of Labor Statistics for "All Items" in the San Francisco / Oakland / San Jose Area Urban Wage Earners and Clerical Workers, measured each calendar year. If this index ceases to be published, the Consumer Price Index will be another index as determined by the CFD Administrator or City that is reasonably comparable to the Consumer Price Index for the San Francisco Bay Area. "Council" means the City Council of the City acting as the legislative body of CFD No. 4.

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City of Hollister, CFD No. 4 Rate & Method of Apportionment

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"County" means the County of San Benito .
"County Recorder" means the County of San Benito's Office of the Recorder. "Developed Property" means in any Fiscal Year all Parcels of Taxable Property for which Building Permits have been issued on or prior to June 1 of the preceding Fiscal Year. "Final Subdivision Map" or "Final Map" means a recorded subdivision map or recorded parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410, et seq.).
"Fiscal Year" means the period starting on July 1 and ending on the following June 30 . "Homeowners Association Property" or "HOA Property" means a property within the boundaries of the CFD that is owned by, or irrevocable dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association.
"Land Use Categories" means Single-Family Detached Property, Multi-Family Property, and Non-Residential Property .
"Maximum Special Tax" means the maximum Special Tax determined in accordance with Section C. that can be levied in any Fiscal Year.
"Multi-Family Property" means in any Fiscal Year, all Parcels of Developed Property for which Building Permits were issued for construction of a residential structure consisting of two or more Residential Units that share a common wall.
"Non-Residential Property" means in any Fiscal Year, all Parcels of Developed Property which are not Single-Family Detached Property or Multi-Family Property. Notwithstanding the foregoing, if a Building Permit is issued for a structure that will include both Residential Units and non-residential uses, the Administrator shall delineate the Land Use Categories on the Parcel in order to calculate Special Taxes pursuant to Section C. below. "Proportionately" means for Developed Property that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property Proportionately means that the ratio of the actual annual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be levied in that Fiscal Year is equal for all Assessor's Parcels of Undeveloped Property.

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City of Hollister, CFO No. 4 Rate & Method of Apportionment

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"Public Property" means for each Fiscal Year (i) any property within the boundaries of the CFD that is owned by or irrevocably offered for dedication to the federal government, the State of California, the City or any other public agency provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act, (as such section may be amended or replaced), shall be taxed and classified in accordance with its use or (ii) any property within the boundaries of the CFD that is encumbered by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" or "Residential Unit" means (i) Single-Family Detached Property and (ii) Multi-Family Property. An Accessory Unit that shares a Parcel with a single-family detached unit shall not be considered a Residential Unit for purposes of this RMA. "RMA" means this Rate and Method of Apportionment of Special Tax. "Single-Family Detached Property" means in any Fiscal Year, all Parcels of Developed Property for which a Building Permit(s) was issued for construction of a Residential Unit that does not share a common wall with another Residential Unit. "Special Tax" means any tax levied within the CFD to pay the Special Tax Requirement. "Special Tax Requirement" means the amount of revenue needed in any Fiscal Year to pay for the following (i) Authorized Services, (ii) Administrative Expenses and (iii) if the Special Tax is not collected and apportioned under the Teeter Plan, amounts needed to cure any delinquencies in the payment of Special Taxes which have occurred or based on delinquency rates in prior years which may be expected to occur in the Fiscal Year in which the Special Tax will be collected, (iv) less a credit for the amount of the prior's years tax delinquencies plus penalties and interest collected and apportioned to the City for the Special Tax. "Taxable Property" means all Assessor's Parcels within the boundaries of CFD No . 4 that are not exempt from the Special Tax pursuant to law or Section E . below. "Tax Zone" means a mutually exclusive geographic area within which the Special Tax may be levied pursuant to this RMA. All of the property within CFD No. 4 at the time of CFD Formation is within Tax Zone 1. Additional Tax Zones may be created when property is annexed to the CFD and a separate Maximum Special Tax shall be identified for property within the new Tax Zone at the time of such annexation. The Assessor's Parcels included within a new Tax Zone established when such Parcels are annexed to the CFD shall be identified by

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City of Hollister, CFO No. 4 Rate & Method of Apportionment

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Assessor's Parcel Number in the Unanimous Approval Form that is signed by the owners of the Parcels at the time of annexation.
"Teeter Plan" means the alternative procedure for the distribution of property tax levies on the secured roll made by the County pursuant to Revenue and Taxation Code Sections 4701-4717. "Unanimous Approval Form" means that fonn executed by the record owner of fee title to a Parcel or Parcels annexed into the CFD that constitutes the property owner's approval and unanimous vote in favor of annexing into the CFD and the levy of the Special Tax against his/her Parcel or Parcels pursuant to this RMA.
"Undeveloped Property" means in any Fiscal Year all Parcels of Taxable Property in CFD No. 4 that are not Developed Property .

B. ADMINISTRATION OF ANNUAL TAX LEVY
Each Fiscal Year, the Administrator shall identify the current Assessor's Parcel Numbers for all Parcels of Taxable Property within the CFD . The Administrator shall also determine : (i) whether each Assessor's Parcel of Taxable Property is Developed Property or Undeveloped Property, (ii) which Tax Zone each Assessor's Parcel is located in, and (iii) the Special Tax Requirement for the then-current Fiscal Year. In any Fiscal Year if it is determined that: (i) a Final Map or parcel map for a portion of property in CFD No. 4 was recorded after the last date upon which the Assessor will incorporate the newly-created parcels into the then current tax roll, (ii) because of the date the Final Map or parcel map was recorded the Assessor does not yet recognize the new parcels created by the Final Map or parcel map, and (iii) one or more of the newly-created parcels meets the definition of Developed Property, the Administrator shall calculate the Special Tax for the property affected by recordation of the Final Map or parcel map by determining the Special Tax that applies separately to each newly-created Parcel then applying the sum of the individual Special Taxes to the parcel that was subdivided by recordation of the Final Map or parcel map.

C. MAXIMUM SPECIAL TAX

1. Developed Property
The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Developed Property within Tax Zone I shall be:

Residential Property $205 per Unit
Non-Residential Property $1,430 per Acre

2. Undeveloped Prnperty

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The Maximum Special Tax for Fiscal Year 2014-15 for all Parcels of Undeveloped Property within Tax Zone 1 shall be: $1,430 per Acre City of Hollister, CFO No. 4 Rate & Method of Apportionment

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3. Escalation of Maximum Special Tax
On July 1, 2015 and each July 1 thereafter the Maximum Special Tax for Developed Property and Undeveloped Property shall be increased by an amount equal to the percentage change in the Consumer Price Index. The maximum increase in any Fiscal Year may not exceed 4.0%.

D. METHOD OF LEVY AND COLLECTION OF SPECIAL TAXES
Each Fiscal Year the Administrator shall determine the Special Tax Requirement for that Fiscal Year and levy the Special Tax on all Parcels of Taxable Property as follows:

Step 1: The Special Tax shall be levied proportionately on each Parcel of Developed Property up to I 00% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied is equal to the Special Tax Requirement.

Step 2: If additional revenue is needed after Step 1, the Special Tax shall be levied proportionately on each Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for each Parcel for such Fiscal Year until the amount levied when combined with the amount levied pursuant to Step 1 is equal to the Special Tax Requirement.

The Special Tax for the CFD shall be collected at the same time and in the same manner as ordinary ad valorem property taxes provided, however; that the City may (under the authority of Government Code Section 53340) collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD, and the Special Tax shall be equally subject to foreclosure if delinquent.

E. EXEMPTIONS
Notwithstanding any other provision of this RMA no Special Tax shall be levied on Parcels of Public Property except as otherwise provided in the Act.

F. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that do not materially affect the rate and method of apportioning Special Taxes. In addition the interpretation and application ·of any section of this document shall be left to the City's discretion. Interpretations may be made by the City by resolution or ordinance of the Council for purposes of clarifying any vagueness or ambiguity in this RMA.

G. TERM OF THE SPECIAL TAX
The Special Tax shall be levied in perpetuity, as long as the Authorized Services are provided by the City, as necessary to pay the Special Tax Requirement.

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City of Hollister, CFD No . 4 Rate & Method of Apportionment

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 15, 2022 AGENDA ITEM:

DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330

TITLE OF ITEM: ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 8.28 (NOISE ORDINANCE) RESTRICTIONS ON NOISE LEVELS IN RESIDENTIAL AND ADDING SECTION 8.28.025 DOWNTOWN

MIXED USE DISTRICT NOISE STANDARDS

DESCRIPTION: This Ordinance will amend the established noise ordinance and include decibel level and time restrictions to noise being generated and add a new section (8.28.025) concerning the Downtown Mixed Use District noise levels.

RECOMMENDATION: Read by title only, waive full reading, and ADOPT an Ordinance of the City of Hollister amending Chapter 8.28 (Noise) by adding section 8.28.025 Downtown Mixed Use District Noise Standards.

DEPARTMENT SUMMARY: The Hollister Police Department has received numerous complaints from residents concerning noise violations in the residential areas of the city.

Many noise violations have continued in part because of the existing disturbance laws requiring a victim to step forward to sign a complaint for a peace disturbance. However, residents have elected to remain anonymous. Therefore, police have been unable to cite the offender for the noise violation without a citizen’s signed complaint.

Additionally, there is a need to establish a separate noise ordinance with a separate decibel level requirement for the downtown mixed used area of the Hollister. The noise level should be at a different level to take into consideration of entertainment that is part of our downtown businesses. The increasing number of residential apartments being built in our downtown area also calls for an established noise ordinance unique to the mixed use nature of our downtown.

The proposed amendments to our existing ordinance establish the reporting party may elect to remain anonymous. If a complaint has been received by the police department, officers may attempt to contact the person responsible for the disturbance and issue a warning. If the noise violation continues and a second call is received, the officers may issue a citation for the violation of this ordinance.

The ordinance does not require a warning and if the person responsible cannot be located, the property owner will be issued the citation for the violation of the noise ordinance.

This proposed ordinance also adds section 8.28.025 which specifica lly addresses the Downtown Mixed Use District Noise Standards. This section will allow for different decibel levels allowed depending on the time of day. It also establishes a process for the issuing of a citation if violations continue.

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The ordinance will read as follows under TITLE 8 – Health and Safety and will include the new section to the city municipal code, 8.28.025.

CHAPTER 8.28. - NOISE

8.28.010 - Declaration of policy.

It is declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community.

(Prior code § 3B-1; Ord. 882, § 1, 1996)

8.28.020 - Prohibited generally.

A. It is unlawful at any time, for any person to knowingly make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise.

B. The term "excessive, unnecessary or unusually loud noise" means a noise disturbance which occurs at any time of the day, not involving a barking dog, commercial construction or commercial landscaping noise, and, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity residing in the area.

C. For any kind of noise (with the exception of a barking dog, commercial construction or commercial landscaping noise) outside the DMU Downtown Mixed Use Zoning District, regardless of the time of day in which it occurs, the standards which shall be considered in determining whether a violation exists, may include, but shall not be limited to, the following:

1. The volume or intensity of the noise;

2. Resident complaints, regardless if the complainant wishes to remain anonymous;

3. The proximity of the noise to residential properties;

4. The nature and zoning of the area within which the noise emanates;

5. The time and/or day of the week the noise occurs;

6. The duration of the noise;

7. Whether the noise is recurrent, intermittent or constant;

8. Whether the noise is produced by a commercial or noncommercial activity; and

9. A noise level in residential districts exceeding 55 dBA during daylight hours, and 50 dBA after sunset, measured at the property line of the complaining party or inside an affected multiple-dwelling unit (Prior code § 3B-2; Ord. 882, § 1, 1996)

10. This section shall not apply to a noise violation involving a barking dog, commercial construction or landscaping noise. Please see section 6.08.060 for noise disturbances caused by a dog and section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

D. Noise complaints in residential areas can be subjective, therefore, city personnel cannot be the complaining party. Enforcement of the noise ordinances will only occur once a complaint has been made, regardless of the complaint being anonymous. When possible, a warning may be issued advising the violator a complaint has been filed and if officers have to respond back to the same address within 12 hours for a noise complaint, a citation will be issued to the responsible party or property owner. Repeated calls for noise complaints over a period of time can also lead to a citation being issued.

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A warning is not necessary and citations may be mailed to the property owner when a responsible party cannot be located during the investigation of the violation.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

8.28.025 – Downtown Mixed Use District Noise Standards

A. The Downtown Mixed Use (DMU) district was developed to facilitate an active daytime and nighttime city destination with restaurants, theaters, diverse retail and shopping opportunities and high-density residential uses.

B. Given the desired intensity of land use and activity in the DMU, daytime and nighttime ambient noise levels in the DMU district will exceed other mixed use, residential and commercial districts in the city.

C. Due to the range and level of outdoor and indoor activities in the DMU, sound from allowed uses in the DMU shall only be considered a noise violation under the following conditions:

1. The noise interrupts the operation of surrounding businesses;

2. The noise exceeds levels comparable to that typically associated with the allowed function of uses that are allowed in the DMU zone;

3. The noise is due to individuals congregating in public areas outside of an individual establishment for extended periods of time;

4. The noise is the result of pedestrian and traffic queueing associated with an establishment, business or event; or

5. The noise level exceeds 85 dBA from 8:00 AM to 10:30 PM, 65 dBA from 10:30 PM to 2:00 AM, or 50 dBA from 2:00 AM to 8:00 AM, measured at the property line where the noise is being generated.

D. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

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1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
(d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

FINANCIAL IMPACT: No financial impact. Existing employees already on patrol will respond and cite offenders. Possible additional revenues into the City’s general fund in the form of fines paid by violators.

CEQA: NA

ATTACHMENTS:

1. Noise Ordinance Changes

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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ORDINANCE NO. 1207

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 8.28 (NOISE

ORDINANCE) RESTRICTIONS ON NOISE LEVELS IN RESIDENTIAL AND ADDING SECTION 8.28.025 DOWNTOWN MIXED USE DISTRICT NOISE STANDARDS

WHEREAS, Noise complaints have been an ongoing problem within the City of Hollister; and

WHEREAS, residents have been reluctant to come forward and sign citizen’s arrest for noise violations because of fears of retaliation; and

WHEREAS, the city of Hollister has a need to establish a separate noise ordinance that applies to the downtown mixed use area of the city; and

WHEREAS, an established noise ordinance can lead to less large and noisy events in the residential areas and foster a quieter and safer community; and

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

An Ordinance of the City of Hollister restricting noise levels in residential and downtown mixed use areas of the city of Hollister, adding the following amendments and adding section 8.28.025 to the Hollister Municipal Code.

CHAPTER 8.28. - NOISE

8.28.010 - Declaration of policy.

It is declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community.

(Prior code § 3B-1; Ord. 882, § 1, 1996)

8.28.020 - Prohibited generally.

A. It is unlawful at any time, for any person to knowingly make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise.

B. The term "excessive, unnecessary or unusually loud noise" means a noise disturbance which occurs at any time of the day, not involving a barking dog, commercial construction or commercial landscaping noise, and, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity residing in the area.

C. For any kind of noise (with the exception of a barking dog, commercial construction or commercial landscaping noise) outside the DMU Downtown Mixed Use Zoning District, regardless of the time of day in which it occurs, the standards which shall be considered in determining whether a violation exists, may include, but shall not be limited to, the following:

1. The volume or intensity of the noise;
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2. Resident complaints, regardless if the complainant wishes to remain anonymous;

3. The proximity of the noise to residential properties;

4. The nature and zoning of the area within which the noise emanates;

5. The time and/or day of the week the noise occurs;

6. The duration of the noise;

7. Whether the noise is recurrent, intermittent or constant;

8. Whether the noise is produced by a commercial or noncommercial activity; and

9. A noise level in residential districts exceeding 55 dBA during daylight hours, and 50 dBA after sunset, measured at the property line of the complaining party or inside an affected multiple-dwelling unit (Prior code § 3B-2; Ord. 882, § 1, 1996)

10. This section shall not apply to a noise violation involving a barking dog, commercial construction or landscaping noise. Please see section 6.08.060 for noise disturbances caused by a dog and section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

D. Noise complaints in residential areas can be subjective, therefore, city personnel cannot be the complaining party. Enforcement of the noise ordinances will only occur once a complaint has been made, regardless of the complaint being anonymous. When possible, a warning may be issued advising the violator a complaint has been filed and if officers have to respond back to the same address within 12 hours for a noise complaint, a citation will be issued to the responsible party or property owner. Repeated calls for noise complaints over a period of time can also lead to a citation being issued.

A warning is not necessary and citations may be mailed to the property owner when a responsible party cannot be located during the investigation of the violation.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

8.28.025 – Downtown Mixed Use District Noise Standards

A. The Downtown Mixed Use (DMU) district was developed to facilitate an active daytime and nighttime city destination with restaurants, theaters, diverse retail and shopping opportunities and high-density residential uses.

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B. Given the desired intensity of land use and activity in the DMU, daytime and nighttime ambient noise levels in the DMU district will exceed other mixed use, residential and commercial districts in the city.

C. Due to the range and level of outdoor and indoor activities in the DMU, sound from allowed uses in the DMU shall only be considered a noise violation under the following conditions:

1. The noise interrupts the operation of surrounding businesses;

2. The noise exceeds levels comparable to that typically associated with the allowed function of uses that are allowed in the DMU zone;

3. The noise is due to individuals congregating in public areas outside of an individual establishment for extended periods of time;

4. The noise is the result of pedestrian and traffic queueing associated with an establishment, business or event; or

5. The noise level exceeds 85 dBA from 8:00 AM to 10:30 PM, 65 dBA from 10:30 PM to 2:00 AM, or 50 dBA from 2:00 AM to 8:00 AM, measured at the property line where the noise is being generated.

D. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

Effective Date
This Ordinance shall take effect and be in force thirty (30) days from and after its final passage.

INTRODUCED at a regular City Council meeting on the__day of ____________,2022.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

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Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1207 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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DEPARTMENT SUMMARY: The Hollister Police Department has received numerous complaints from residents concerning noise violations in the residential areas of the city.

Many noise violations have continued in part because of the existing disturbance laws requiring a victim to step forward to sign a complaint for a peace disturbance. However, residents have elected to remain anonymous. Therefore, police have been unable to cite the offender for the noise violation without a citizen’s signed complaint.

Additionally, there is a need to establish a separate noise ordinance with a separate decibel level requirement for the downtown mixed used area of the Hollister. The noise level should be at a different level to take into consideration of entertainment that is part of our downtown businesses. The increasing number of residential apartments being built in our downtown area also calls for an established noise ordinance unique to the mixed use nature of our downtown.

The proposed amendments to our existing ordinance establish the reporting party may elect to remain anonymous. If a complaint has been received by the police department, officers may attempt to contact the person responsible for the disturbance and issue a warning. If the noise violation continues and a second call is received, the officers may issue a citation for the violation of this ordinance.

The ordinance does not require a warning and if the person responsible cannot be located, the property owner will be issued the citation for the violation of the noise ordinance.

This proposed ordinance also adds section 8.28.025 which specifically addresses the Downtown Mixed Use District Noise Standards. This section will allow for different decibel levels allowed depending on the time of day. It also establishes a process for the issuing of a citation if violations continue.

The ordinance will read as follows under TITLE 8 – Health and Safety and will include the new section to the city municipal code, 8.28.025.

CHAPTER 8.28. - NOISE

8.28.010 - Declaration of policy.

It is declared to be the policy of the city that the peace, health, comfort, safety and welfare of its citizens require protection from excessive, unnecessary or unusually loud noises and vibrations from any and all sources in the community.

(Prior code § 3B-1; Ord. 882, § 1, 1996)

8.28.020 - Prohibited generally.

A. It is unlawful at any time, for any person to knowingly make, continue or cause to be made or continued, any excessive, unnecessary or unusually loud noise.

B. The term "excessive, unnecessary or unusually loud noise" means a noise disturbance which occurs at any time of the day, not involving a barking dog, commercial construction F.1.a
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or commercial landscaping noise, and, because of its volume level, duration or character, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitivity residing in the area.

C. For any kind of noise (with the exception of a barking dog, commercial construction or commercial landscaping noise) outside the DMU Downtown Mixed Use Zoning District, regardless of the time of day in which it occurs, the standards which shall be considered in determining whether a violation exists, may include, but shall not be limited to, the following:

1. The volume or intensity of the noise;

2. Resident complaints, regardless if the complainant wishes to remain anonymous;

3. The proximity of the noise to residential properties;

4. The nature and zoning of the area within which the noise emanates;

5. The time and/or day of the week the noise occurs;

6. The duration of the noise;

7. Whether the noise is recurrent, intermittent or constant;

8. Whether the noise is produced by a commercial or noncommercial activity; and

9. A noise level in residential districts exceeding 55 dBA during daylight hours, and 50 dBA after sunset, measured at the property line of the complaining party or inside an affected multiple-dwelling unit (Prior code § 3B-2; Ord. 882, § 1, 1996)

10. This section shall not apply to a noise violation involving a barking dog, commercial construction or landscaping noise. Please see section 6.08.060 for noise disturbances caused by a dog and section 17.16.100 for noise involving commercial construction and commercial landscaping noise.

D. Noise complaints in residential areas can be subjective, therefore, city personnel cannot be the complaining party. Enforcement of the noise ordinances will only occur once a complaint has been made, regardless of the complaint being anonymous. When possible, a warning may be issued advising the violator a complaint has been filed and if officers have to respond back to the same address within 12 hours for a noise complaint, a citation will be issued to the responsible party or property owner. Repeated calls for noise complaints over a period of time can also lead to a citation being issued.

A warning is not necessary and citations may be mailed to the property owner when a responsible party cannot be located during the investigation of the violation.

E. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance by the same person or address within one year;
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(c) A fine not exceeding $500.00 for each additional violation of the same ordinance by the same person or address within one year. (d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

8.28.025 – Downtown Mixed Use District Noise Standards

A. The Downtown Mixed Use (DMU) district was developed to facilitate an active daytime and nighttime city destination with restaurants, theaters, diverse retail and shopping opportunities and high-density residential uses.

B. Given the desired intensity of land use and activity in the DMU, daytime and nighttime ambient noise levels in the DMU district will exceed other mixed use, residential and commercial districts in the city.

C. Due to the range and level of outdoor and indoor activities in the DMU, sound from allowed uses in the DMU shall only be considered a noise violation under the following conditions:

1. The noise interrupts the operation of surrounding businesses;

2. The noise exceeds levels comparable to that typically associated with the allowed function of uses that are allowed in the DMU zone;

3. The noise is due to individuals congregating in public areas outside of an individual establishment for extended periods of time;

4. The noise is the result of pedestrian and traffic queueing associated with an establishment, business or event; or

5. The noise level exceeds 85 dBA from 8:00 AM to 10:30 PM, 65 dBA from 10:30 PM to 2:00 AM, or 50 dBA from 2:00 AM to 8:00 AM, measured at the property line where the noise is being generated.

D. Violation of this ordinance can be either an infraction or misdemeanor. Any person convicted of a misdemeanor under the provisions of a city code, unless expressly authorized otherwise, shall be punishable by a fine of not more than $1,000.00 or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

1. Every violation of a city code which is determined to be an infraction is punishable by:
(a) A fine not exceeding $100.00 for a first violation; (b) A fine not exceeding $250.00 for a second violation of the same ordinance within one year;
(c) A fine not exceeding $500.00 for each additional violation of the same ordinance within one year.
(d) This section shall not deprive the municipal court of jurisdiction to impose a term of imprisonment not to exceed three months when imposed by the court as a suspended sentence as a term of probation following a conviction of any code provision.

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FINANCIAL IMPACT: No financial impact. Existing employees already on patrol will respond and cite offenders. Possible additional revenues into the City’s general fund in the form of fines paid by violators.

CEQA: NA

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 15, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: RESOLUTION NO. 2022-28, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORING THE RELEASE OF THE

REQUEST FOR PROPOSALS FOR CITY ATTORNEY/LEGAL SERVICES FOR THE

CITY OF HOLLISTER BY AN INDIVIDUAL OR FIRM

BRIEF DESCRIPTION: This item would approve and authorize the release of a Request for Proposals for City Attorney/ Legal Services.

RECOMMENDATION: Staff recommends that the City Council Approve a Resolution to release the Request for Proposals for City Attorney/ Legal Services for the City of Hollister by an individual or firm.

DEPARTMENT SUMMARY: City Council directed Staff to prepare and release a Request for Proposals (RFP) by firm or individuals to provide City Attorney/Legal Services for the City of Hollister. Attached is a copy of the RFP.

If approved by Council, staff recommends the City Council authorize the release of the RFP.

FINANCIAL IMPACT: None at this time.

CEQA: N/A

ATTACHMENTS:

1. RFP for City Attorney Svcs 2022

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-28

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORING THE RELEASE OF THE REQUEST FOR PROPOSALS FOR CITY

ATTORNEY/LEGAL SERVICES FOR THE CITY OF HOLLISTER BY AN INDIVIDUAL

OR FIRM

WHEREAS, City Council directed Staff to prepare a Request for Proposals (RFP) for City Attorney/Legal Services; and

WHEREAS, Staff has prepared the RFP for the City Council to review; and

WHEREAS, City Council has reviewed the Request for Proposals and approves its release.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the release of the Request for Proposal for City Attorney/Legal Services for the City of Hollister by an individual or firm.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-28, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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REQUEST FOR PROPOSALS

City Attorney
Legal Services

For

City of Hollister, California

March 7, 2022

City of Hollister
375 Fifth Street
Hollister, CA 95023

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City of Hollister Request for Proposals - City Attorney Services 2

SECTION l

GENERAL INFORMATION

Introduction
The City Council of the City of Hollister invites all qualified individuals and firms to submit proposals for City Attorney Services as described in the scope of work set forth in Section ll of this Request for Proposals (RFP).

Background
The City of Hollister was incorporated in 1872 and is a residential community with a population of 34,928 (2010 Census). Hollister is a General Law City with one Mayor and four City Council members elected at large operating under a council-manager form of government. The City Council appoints the City Manager, City Attorney, and members of the City boards, commissions and committees. The City Attorney reports to the City Council. The City Council meets on the first and third Monday of the month at 6:00 p.m. and the Planning Commission meets as needed on the fourth Thursday of the month at 6:00 p.m.

Hollister encompasses approximately 5.5 square miles and is approximately 100 miles southeast of San Francisco and 40 miles east of Monterey. Services provided by the City include administration, police, fire, planning and building inspection, engineering, animal control, municipal airport, recreation services, street maintenance and water and wastewater management.

More information can be found on the City's website at www.hollister.ca.gov .

RFP Contract
Questions regarding the RFP should be directed to:

Brett Miller
City Manager
831-636-4300 x1015
[email protected]

Proposal Copies & Due Date
The firm must submit one (1) original copy, clearly marked "Original", three (3) bound copies and one (1) digital PDF copy of the proposal on media suitable for copying and distributing electronically. Proposals must be received no later than 5:00 p.m. on April 15, 2022. Proposals are to be sent to:

City of Hollister
375 Fifth Street
Hollister, CA 95023
Attn: City Manager

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Proposals should be marked "City of Hollister City Attorney RFP". Facsimile or electronic proposals will not be accepted. Proposals received after 5:00 p.m. on April 15, 2022 will be disqualified. All proposals delivered in an express courier package shall be sealed within a separate envelope within the courier package.

Incurred Costs
The City of Hollister is not liable for any costs incurred by a proposer in the preparation and/or presentation of the proposal.

Equal Opportunity
The City of Hollister requires all proposers to comply with equal opportunity policies.

The City of Hollister programs, services employment opportunities, and volunteer positions and contract are open to all persons without regard to race, religion, color, national origin, sex, age, marital status, handicap, or political affiliation.

Independent Contractor
The City of Hollister will be an independent contractor. All persons employed by a firm in accordance with a contract resulting from this RFP will be employees of the firm and not the City of Hollister.

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SECTION ll

LEGAL SERVICE REQUIREMENTS

SCOPE OF WORK

Services to be provided
The City Attorney is appointed by and reports to the City Council. The City Attorney is the chief legal counsel for the City of Hollister and, as such, is responsible for advising on all legal matters.

The following are the primary responsibilities for the legal services the City will require in a City Attorney:

 Advise the Council, City Boards and Commissions, and all City officials on municipal government legal matters including the Brown Act and parliamentary procedures for running meetings.
 Attend all City Council and select Planning Commission and Successor Agency meetings unless excused by the Mayor or Council. Attend other meetings as assigned by the City Manager or Mayor.
 Coordinate and manage the services and costs of all outside legal counsel.  Provide legal advice to staff, upon request of the City Manager.  Prepare and/ or review all ordinances, resolutions, municipal contracts, joint powers agreements, and other agreements and contracts entered into by the City.
 Research and submit legal opinions on municipal or other legal matters as requested by the City Council or City Manager.
 Provide written updates on new State or Federal legislation or judicial decisions impacting the City and suggested action or changes in operations or procedures to assure compliance.
 Provide guidance on personnel matters, including employee disciplinary and grievance matters.
 Perform legal work pertaining to land use issues including but not limited to property acquisitions, property disposals, public improvements, easements, dedications and right- of-way vacations.
 Enforce City codes, zoning regulations and building standards through administrative and judicial actions.
 Attend staff meetings at the request of the City Manager OR hold office hours at City Hall for at least four (4) hours on a day to be set by the City Manager. (twice a month, the week prior to City Council meetings).
 Communicate with the press, when authorized to do so by the City Manager or Mayor regarding City legal matters.
 Promptly return all calls and emails from the City Council and staff.

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SECTION lll

PROPOSAL FORM AND CONTENT

Proposal Form and Content
Proposers must include the following items in their proposals addressing the scope of work in Section II. All items must fall within the maximum page count. Proposals and cost schedule shall be valid and binding for ninety (90) days following the proposal due date and will become part of the contract that is negotiated with the City.

1. Letter of Transmittal
Include a cover letter signed by a duly authorized representative of the firm. The cover letter must include name, address, telephone number and email address of the proposer submitting the proposal. In addition, the name, title, address, telephone number, fax number and email address of the person or persons to contact whom are authorized to represent the proposer and to whom correspondence should be directed should also be included. Additionally, the cover letter must include the following table containing the requested information.

Name of the proposed City Attorney
Office address for the proposed City
Attorney

Monthly Retainer
Services included in monthly retainer
(include estimated weekly office hours on-
site in Hollister)

Hourly rates for services not included in
retainer

Area of expertise within your firm

References (name municipality, phone, and
email)

2. Table of Contents
Include a clear identification of the submitted material by section and by page number.

3. Executive Summary
Introduce the proposal and summarize the key provisions of the proposal.

Provide a statement describing why the proposer is qualified to perform this work, the name of the individual who would serve as the City Attorney, and the proposed fees.

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4. Statement of Understanding
Include a detailed statement of understanding of the City Attorney services to be provided. If there are services listed in this RFP that the proposer will not be able to provide, describe those services in this section.

5. Approach to Legal Services

1. Describe your view of the role of the City Attorney.

2. Describe how you will keep the City informed about the status of litigation and other legal matters.

3. Describe how you track and manage legal costs so that City legal costs are held to a minimum.

4. Describe how you would proactively advise the City Council about legal developments or issues of concern, without being asked.

5. Describe how as the City Attorney you would work with the City Manager and staff.

6. Describe how as the City Attorney you would work with the Mayor and City Council, and participate in City Council, Planning Commission, and other meetings. Would you describe your style of participation in such meetings as proactive or reactive?

7. How much over the retainer would you expect the City of Hollister to spend engaging the services of your firm for litigation, special expertise, or other services?

8. How do you evaluate the costs/ benefits of litigating or settling cases?

9. How would you evaluate whether to use an attorney within your law firm or an attorney from another firm to handle a case, provide expert advice, or provide other needed services? How will fees enter into your judgment of who to use in your role as City Attorney representing the interests of the City of Hollister.

10. Describe the firm’s practices regarding professional development, training, and keeping current in the law and legal matters affecting their clients.

11. Describe how you will work to achieve a seamless transition from the incumbent to the new contract and measures you will take to mitigate inherent contract transitions risk such as loss of continuity.

6. Background and Capacity

1. Describe your firm’s background and history; include number of years in business.

2. Describe your firm’s municipal legal services training, experience.

3. Location of office(s) that would serve the City of Hollister.

4. Staff services available (clerical support, paralegals, other non- attorney staff).

7. Proposed Attorney(s)
Name of person whom you propose to designate as City Attorney, as Assistant City Attorney(s). Provide the following for each:

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1. Certificates or licenses, including the date of admission to the State Bar of California;

2. Description of education ( including name of educational institutions, degrees conferred, and year of each degree);

3. Professional background and professional associations;

4. Experience with and knowledge of the law relating to general law cities related to land use and planning, environmental law including the California Environmental Quality Act (CEQA), redevelopment/ successor agency law, general plans, code enforcement and other related areas of law, administrative law; labor relations/ personnel law, and other areas of municipal law;

5. Expertise and training.

8. References
Provide contact information for three municipal clients for which services have been provided in the last five years, so reference checks can be conducted.

Please include the contact person’s name, municipality, phone and email address.

9. Clients/Potential Conflicts of Interest

1. List all public clients for whom your firm currently provides services under a fee for services basis or on a retainer basis. Indicate the services provided (e.g., City Attorney services, special legal expertise in specific disciplines, etc.) Identify any foreseeable or potential conflicts of interest that could result from such representation and the manner in which you would propose to resolve such conflicts.

2. For the person to be designated as City Attorney, list all public clients that person presently represents as city attorney or general counsel, along with the meeting dates
and times for each governing body.

3. List all private clients that could potentially pose a conflict of interest with your representing the City of Hollister. (ie) Please list any current council members, commissioners, and committee members.

4. Identify all situations in the last five years in which you have been adverse to public entities, either in litigation or administrative matters.

10. Fee Schedule
The selected City Attorney will be required to provide services under a monthly retainer fee format for regular City Council meetings, special City Council meetings, weekly staff meetings or office hours on site at the City of Hollister, communications with City of Hollister and legal work provided under the retainer.

1. Please describe what is included in the retainer (including typical number of office hours on site each week).

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2. Please provide an hourly rate for all of the individuals who may be working with the City of Hollister from the firm. In addition, please provide a rate for special legal services.

3. For purposes of this RFP, the City is requesting a minimum of 15 hours per week.

Please provide the retainer fee and rates in a table format.

11. Additional Information
Any other information that the proposer feels applicable to the evaluation of the proposal or of their qualification for accomplishing the legal services should be included in this section. You may use this section to address those aspects of your services that distinguish your firm from other firms.

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City of Hollister Request for Proposals - City Attorney Services 9

SECTION IV

PROPOSAL FORM AND CONTENT

Evaluation Criteria
The following information will be taken into consideration during the evaluation process:

1. Qualifications identified in the proposal.

2. Cost of providing services.

3. Complete and clear responses to items requested in the Proposal Form and Content Section.

4. Familiarity with laws and regulations governing California municipal governments and operating procedures relative to the conduct of City business.

5. Demonstrated expertise in the following areas as it relates to municipalities; a. Land use and zoning law
b. Building Code compliance law
c. Public construction law
d. Real estate law
e. Environmental law
f. Administrative law
g. Labor relations/ personnel law
h. Laws pertaining to fees/ taxes, including Proposition 218 i. Other relevant areas pertaining to municipal law

6. Adequate local availability, support staff and range of services offered.

7. Demonstration of workload capacity and level of experience commensurate with the level of service required by the City.

8. Professional reputation for providing high- quality services, ability to work cooperatively with City Council, City Manager, department directors and media.

9. Demonstrated sound judgment, integrity, and reliability as determined by references provided.

10. Results of interview(s) with the City Council.

Clarifications
The City of Hollister reserves the right to seek clarification of each proposal submitted.

The City also reserves the right to require other evidence of technical, managerial, financial, or other abilities prior to selection.

Method of Selection
The City Council will review the submitted proposals. After review, the Council and its advisors will interview the finalists. The City Council will choose a finalist with whom to negotiate a contract and will make the final determination.

Interviews
The City of Hollister may invite one or more proposers to be interviewed. Specific date and time to be determined by the City Council.

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Agreement
The successful firm shall prepare and cause to be executed between both parties, upon final review of the City, a Contract with the City for City Attorney Legal Services.

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City of Hollister Request for Proposals - City Attorney Services 11

SECTION V

TERMS AND CONDITIONS

Indemnification
The chosen attorney/ law firm will agree to indemnify, hold harmless and defend the City, the City Council, its offices, employees, agents and volunteers, from all liability or financial loss. This includes legal expenses and costs of expert witnesses and consultants, resulting from any suits, claims, losses or actions brought by any person or persons, by reasons of injury and arising directly or indirectly from the activities and operations by the chosen attorney/ law firm. Indemnification includes the chosen attorney/ law firm’s officers, agents, employees, subcontractors or any person employed by the attorney/law firm, in the performance of this Agreement, Attorney/ law firm agrees that the attorney/ law firm’s covenant under this section shall survive the termination of this agreement.

Insurance
Proposers are required to provide with their proposal, certificates of insurance verifying coverage, as well as a letter from the Proposer’s insurance agent or corporate Risk Management Department acknowledging that the Proposer is able to comply with all insurance requirements.
i. All insurance coverage shall be provided by insurers authorized by the California Insurance Commission to transact insurance business in California and with a rating of" A" or better in the Best' s Key Rating Guide. ii. During the term of this Contract, the attorney/ law firm shall maintain at attorney/ law firm’s sole expense, the following insurance. The City reserves the right to modify insurance limits as necessary.
iii. Minimum scope of insurance:

1. General Liability: $ 1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If the insurance includes a general aggregate limit, that limit shall apply separately to this contract or it shall be at least twice the required per occurrence limit.

2. Automotive Automobile Liability: $ 1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers Compensation and Employers Liability: Worker’s compensation limits as required by the Labor Code of the State of California.

4. Professional Liability, and Errors and Omissions Insurance with a limit not less than one million dollars ($1,000,000) per occurrence, and five million dollars ($5,000,000) in aggregate.

iv. Deductive and Self-Insured Retention:

Deductibles or self- insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the attorney/ law firm shall procure a bond F.2.a
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guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Public Record
Be advised that all information contained in proposals submitted in response to this solicitation shall become a matter of public record upon contract award, and be made available upon request, unless otherwise marked. The Proposer must identify, in writing, all copyrighted material, trade secrets or other proprietary information the Proposer claims are exempt from disclosure pursuant to the California Public Records Act. The Proposer who claims such an exemption must also state in the proposal that, "The Proposer agrees to indemnify and hold harmless the City and its officers, employees and agents from any claims, liability or damages against the City and to defend any actions brought against the City for its refusal to disclose such material, trade secrets or other proprietary information to any party.”

Business License
The professional services provider shall obtain a valid, current City of Hollister Business License on or before their commencement of work.

The City reserves the right to reject any and/ or all proposals, to request additional information relating to any proposal for clarification and to accept or negotiate modifications to any proposal following the deadline, for receipt of all proposals, and to waive any irregularities if such would serve the best interests of the City as determined by the City Council.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010

TITLE OF ITEM: RESOLUTION NO. 2022-29, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING TO RELEASE A REQUEST

FOR PROPOSALS (RFP) TO EXECUTIVE RECRUITING FIRMS TO ASSIST IN

HIRING OF AN ASSISTANT CITY MANAGER, ADMINISTRATIVE SERVICES

DIRECTOR AND POTENTIALLY OTHER DEPARTMENT HEADS

BRIEF DESCRIPTION: The City Council will consider a Resolution authorizing staff to release a Request for Proposals (RFP) to executive search firms to assist the City Manager in hiring an Assistant City Manager, an Administrative Services Director and potentially other Department Heads.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing staff to release a Request for Proposals (RFP) to executive search firms to assist the City Manager in hiring an Assistant City Manager, an Administrative Services Director and potentially other Department Heads.

DEPARTMENT SUMMARY: The City Council will consider a Resolution authorizing staff to release a Request for Proposals (RFP) to executive search firms to assist the City Manager in hiring an Assistant City Manager, and an Administrative Services Director.

If staff receives Councils approval, the proposed timeline is as followed:

Staff recommends the City Council adopt the attached Resolution authorizing the development and release of a RFP for executive search firms. In addition, the City of F.3
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MARCH 7
Receive
Authori zat io n f rom
Ci ty Council
MARC H 8
Re lease t he
Proposa l s to
Execu t ive Search
Firms
APR IL 15
Proposals a re Due City Manager w ill
have Rev iewed,
Chosen, a nd
Negot iate d w ith
an Execu ti ve
Searc h Fir m
MAY 4
Rece ive App roval
fro m Ci ty counc il
on an
Appropri at ion a nd
Pro f ess iona l
Serv ices
Agreement

Hollister has received applicants for other potentially Department Heads positions and will be holding interviews soon. In the event that we do not find a qualified candidate, staff is requesting City Council to allow staff too potentially add up to 4 Department Head positions to the RFP.

FINANCIAL IMPACT: No costs associated with this action.

CEQA: N/A

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-29

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING TO RELEASE A REQUEST FOR PROPOSALS (RFP) TO

EXECUTIVE RECRUITING FIRMS TO ASSIST IN HIRING OF AN ASSISTANT CITY

MANAGER, ADMINISTRATIVE SERVICES DIRECTOR AND POTENTIALLY OTHER

DEPARTMENT HEADS

WHEREAS, an Executive Search Firm is needed to assist the City Manager in hiring an Assistant City Manager and an Administrative Services Director; and

WHEREAS, Staff is requesting authorization to release a Request for Proposals (RFP) to Executive Search Firms; and

WHEREAS, the City Manager will review the RFPs received and will return to City Council on May 5, 2022 for final approval on the selected firm.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes staff to release a Request for Proposals (RFP) to executive search firms to assist the City Manager in hiring an Assistant City Manager and an Administrative Services Director.

BE IT FURTHER RESOLVED, that the City Council authorizes staff in the event that it may be needed, can potentially add up to 4 Department Head positions to the RFP.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-29, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 7, 2022
SUBMITTED: February 25, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Abraham Prado, Planning
Manager
CONTACT: Eva Kelly, Associate Planner
831-636-4360 x25

TITLE OF ITEM: RESOLUTION NO. 2022-30, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION FROM THE GENERAL FUND RESERVES IN AN AMOUNT NOT TO EXCEED $436,436.89 FOR FISCAL YEAR 2021-2022, AUTHORIZING AN AGREEMENT WITH SILVER LINING SOLUTIONS, LLC, CARAHSOFT TECHNOLOGY CORP, AND ACCELA INC.

FOR THE IMPLEMENTATION AND ONGOING LICENSING OF THE ACCELA CIVIC

PLATFORM FOR THE CITY OF HOLLISTER DEVELOPMENT SERVICES AND FIRE DEPARTMENTS IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $812,884.07 OVER THREE (3) YEARS

BRIEF DESCRIPTION: Implementation of the Accela Civic Platform for the Development Services and Fire Departments to allow for electronic document, application, and inspection processing; online payments; live updates for staff and the public on application review; and to provide interconnectivity between the Planning, Engineering, Building, Code Enforcement, Cannabis Affairs, Housing, and the Fire Department for accurate project tracking and reporting from project conceptualization to construction.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution authorizing the City of Hollister to enter into an agreement with Carahsoft Technology Corp., not to exceed $812,884.07 over three (3) years for the implementation and ongoing licensing of the Accela Civic Platform and approving an appropriation for those services for Fiscal Year 2021-2022 of $436,462.89 from the General Fund.

DEPARTMENT SUMMARY: The City of Hollister Development Services Department (Department) currently provides many different services to the Hollister Community including development review and planning; public works project implementation and inspection; building permit issuance, inspection, and review; cannabis business licensing and regulation; code enforcement; and affordable housing loan and program management. The Department consists of the Planning, Engineering, Building, Code Enforcement, Cannabis Affairs, and Housing Divisions.

At this time, the Building Division utilizes Tyler Technologies to track their building permits; however, it does not allow for easy tracking or reporting of permits by project or integrate the building inspection process. The remainder of the divisions with in the Department currently have no system or technology database to track the various applications, permits, and/or violations which are processed through the Department on a daily basis. Each Division – including the building division for needs which cannot be accomplished with their current technology – utilizes a combination of Excel or paper to track application and processes by hand.

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The tracking of projects by hand is inefficient, inaccurate, and makes it incredibly difficult to gather information from many different tracking modules to prepare reporting about development projects. The various divisions of the Department are intricately connected, for example development projects move from Planning to Engineering and ultimately to Building as they progress from concept to construction, or Code Enforcement Violations often requiring a building permit and/or a planning entitlement to be resolved and brought back into compliance. With all of the divisions currently operating on separate, by-hand tracking systems, and dozens of various permits active within each division at a time, keeping track of the permits and reviews and coordinating between divisions is incredibly difficult. This often results in delays in processing times and/or losing track of comments or requirements from various division stakeholders.

The Development Services Department has been in contact with Silver Lining Solutions, LLC, Carahsoft Technology Corp., and Accela Inc. (“Accela Team”), who provide a software program that can be customized for the City of Hollister to integrate permitting, reporting, and inspection processes for all of the divisions. This system, the Accela Civic Platform (“Accela”), will allow the City to move from paper application processing and tracking to on-line/electronic services. The system will allow each division to integrate all of the various permit and application processes, and will create workflows for each permit. The workflows will be customizable, but will integrate processes between different divisions for review and comment, and will collect all of the data from the course of project review which can then be made available in real time to the project applicant and ultimately to the public.

For the Planning Division: Accela will provide an opportunity for electronic application submittal and electronic payments by applicants. We will be able to establish workflows for each application type, and assign reviews to various divisions that are a part of each application review process – including to divisions that are not a part of Development Services, such as Police and Fire, who are an integral part of project entitlement review.

Accela will allow staff to set timeframes and to receive alerts of the various deadlines which are approaching that are regulated in the planning review process. It will also allow reviewers to collaborate and see others’ comments in real time, and will gather all of the comments together for each project. We will also be able to partially or fully automate the generation of reports and comment letters based on the comments that are received by reviewers throughout the process and provide those reports to project applicants within the system. The system will allow staff to connect all permits and/or violations to “parent” project applications to keep all future permits or processes together within the system. Project information will also integrate with GIS to allow for all applications to be geo-tagged to the subject property and will provide a history of the property or project through time.

For the Engineering Division: Accela will allow for integrated project and plan review and comments. The City Engineering Department recently began using the plan review program Bluebeam, which can be integrated into Accela. Improvement plan and tentative map reviews will be able to be completed within the Accela system and assigned to specific staff members. Plan reviews will be able to be connected to planning entitlements which are also within the system, to allow for easy review and tracking of conditions of approval and mitigation measures that are assigned to various F.4
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projects. Accela will also allow for the scheduling of public works inspections and has mobile capabilities to allow for inspection reports to be generated in the field.

Additionally, workflow checklists can be made to move projects through the inspection and review process.

For the Building Division: Accela will allow for the upload and download of electronic plans and files which can be integrated with the currently work flow for off-site plan check reviews that are completed by the City’s Building Department consulting firm, 4 - Leaf. Plan check comments will be able to be included within the Accela system and can be provided to the applicants in real time. Accela will also allow for online permitting for over-the-counter building permits to decrease processing times for customers. In addition, the system will include the ability to schedule inspections for various building permits and will provide a daily schedule to the assigned building inspectors. The system also has full mobile capabilities for inspectors to update and create inspection reports in the field, including uploading pictures or video directly into the permit file, rather than inspectors having to return to the office to complete reports at the end of the day. This will allow for more accurate real-time reporting and will save time travelling to and from the office. The mobile platform is fully compatible with a variety of mobile platforms and operating systems, and automatically uploads to the cloud upon connection, so even if the inspector loses data connection, the information uploaded into Accela will not be lost, and will update as soon as internet/cloud connection is regained.

For the Code Enforcement Division: Accela will provide mobile capabilities for code enforcement officers similar to building inspectors where they will be able to create new violation reports and inspection reports in the field, rather than having to return to the office to prepare a violation notice. Accela can also be integrated with other technology, such as mobile printing, to allow for violation notices to be created directly in the field and provided at the scene. In addition, standard violation notices can be integrated into the system, so that code enforcement staff can automatically generate standard letters or notices, rather than re-writing from scratch. All reports will be customizable to the situation as necessary. The Code Enforcement Division will be able to assign fees for administrative citations and violations which will appear to the property owner/violator within the system, and they will be able to view outstanding fees and pay them online.

The Citizen Portal will allow for members of the public to submit concerns directly to the Code Enforcement Division, and staff will be able to review the concerns and act upon them as appropriate. Citizens will be able to geo -tag the concern and provide evidence such as photos which will be formatted into the system for further review, and staff can generate a case file based off of the data provided. The system will also be able to allow for Code Enforcement to assign workflows for certain violations which may need a permit from, for example, building or planning, and will be ab le to track that application in connection with the outstanding violations. The system will also allow Code Enforcement to set alerts on properties with outstanding violations which will notify other staff or applicants who are working on other application s on the property. The system can set these alerts at various levels, from a simple notification to staff/applicant, all the way to blocking applications from being submitted or moving forward in a certain application process, depending upon outstanding violations that need to be resolved.

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For the Cannabis Affairs Division: The Cannabis Affairs Division of the Development Services Department works closely with the City of Hollister Police Department and Fire Department for both cannabis licensing and regul ation. Accela will allow for staff within the Police and Fire Departments to be integrated into the workflow of cannabis permit processes to allow for commentary, review, and facility inspections to be connected between various Department staff that are involved in the process. Accela will allow for online services, and will support physical application processing as well, as the division needs. Accela will also allow for mobile cannabis facility inspection and will allow for the easy exchange of information between staff and/or the applicants at a property and licensing level. It is important to note also that Accela can provide security and access levels for information to limit access to certain staff within the system, or to the public, as necessary so that only the information that is needed to be seen by staff or the public is available to them. Accela’s security customization is available for not only Cannabis Affairs, but can also be utilized for all processes and applications within the system as a whole.

For the Housing Division: Accela will provide the capabilities for connecting the terms and current financing of the various active housing loans to the City’s Finance Division and track payments and payoffs for those loans. With the GIS integration of Accela, all current loan documents and home owner information can be consolidated by address, and communications with home owners and refinancing & subordination information can be connected in one place for easy review over the term of the loan. The s ystem will also allow for annual monitoring to be submitted to the Housing Division electronically and can integrate the checklist of required documents into the submittal process, to ensure that all required documents are uploaded as needed for the monito ring review.

In addition, as the City of Hollister is currently in the process of developing an Inclusionary Housing Program, the Housing Division will be able to be incorporated into both the development review process as well as have the capability of creating and monitoring new affordable housing projects, loans, and/or rental agreements.

For the Fire Department: In addition to supporting the Development Services Department, the proposed system will also include a fire inspection process and workflow for the Fire Department. Fire Department Staff will be able to schedule, collect payments, and document fire inspections with Accela. Fire Inspections that are part of a building inspection can be connected in the system using the “parent -child” relationships that can be set up both automatically and manually, so that any comments or conditions generated from an inspection will become integrated with the applicable building permit and will not get lost through separate tracking. The Fire Department also perfo rms other annual inspections that can be assigned and tracked through the workflow process in the system.

Overall, Accela will provide a customizable dashboard for each user which will outline tasks and assignments for staff members, and will provide depa rtment- or division-wide information to management staff to track progress and provide reports on the various activities of the Department and staff.

Citizen Access: The Accela Citizen Portal will allow for the public and applicants to review current and past applications, and see the status of projects in real-time. This will not only help to increase transparency between the public and the Development F.4
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Services Department, but will also help to alleviate the many calls and inquiries that the Department receives with questions as to the status of certain applications or development projects because it will provide the information to the public as soon as it is available at any time. This will further increase staff’s ability to continue processing applications in a timely manner. Further, by interconnecting all of the applications, processes, and divisions, the Department will be able to generate reports about the status of multi-year/multi-division projects that it is currently not possible to prepare with the current tracking systems that are used. Staff will be able to track a project or projects from conception at the planning entitlement phase, through improvement plan review, and into the issuance of building permit(s), and provide all of that informati on to the public with ease.

Accela works with many jurisdictions throughout California, the United States, and internationally. They are partnered with many model jurisdictions in the neighborhood of Hollister, including San Benito County, Santa Clara County, Monterey County, City of Palo Alto, City of Oakland, City of Cupertino, City and County of San Francisco, City of Pleasanton, and many more where their permitting system has been successful in improving and streamlining the permitting process.

The proposed agreement (full scope of work and costs included as Exhibit A) with Carahsoft will include the implementation of the system as well as ongoing licensing fees for 50 users. This number of users was estimated based on the following assumed users (fully-staffed divisions) with a few additional licenses in case the city needs to add additional users in the future (could include consultants who are working on project reviews, or additional staff who need to be a part of any of the many processes):

Division Est. Users
Development Services (Director, SSA, Technician) 3
Planning 6
Engineering (Including Public Works Inspectors) 6
Building (Technicians, Building Official, and Inspectors) 12 Code Enforcement 3
Housing 1
Cannabis 1
Information Technology (IT) 2
Fire (Inspection and Development Review Staff) 4
Police (Cannabis and Development Review Staff) 5
City Manager 1
Total 44

City staff from all of the Divisions and various Departments have met with the Accela Team over the course of several months to ask questions and determine if this system is capable of meeting each division’s individual needs and goals for an online permitting system. The Accela Team has been incredibly thorough in their approach and have worked with our City staff to generate a proposal that will allow the City to create a full- service online system for the Development Services Department. Staff has been able to ask direct questions regarding certain system capabilities directly related to our current and envisioned processes, and Accela has been able to address all capabilities that we F.4
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feel are important to moving the City from its current by-hand system to an online, integrated permitting system and database.

The implementation and training process will be hands-on, with City and the Accela Team working closely together to create and customize the system to the City’s needs over the course of implementation. Accela has a base system which they will be able to kick-start right away, and from that base, their staff will work alongside City staff from all of the departments and divisions to customize the processes and workflows that are needed. Rather than Accela’s coding team preparing the system and then training City staff in one or two sessions, City staff will be a part of developing the system and will be capable of implementing reports and/or changing the system even after the implementation process is over. It will be built by staff, for the City, so that we can shape the system to best assist the City of Hollister a nd its citizens with their development needs.

The agreement proposed consists of implementation costs (one time), licensing fees (annual), and professional services assistance following implementation (annual) for a three year contract. Upon review of the contract, there are included “Year 1 Required SLS Services” and “Year 1 Optional SLS Services” which constitute the total “Implementation” costs broken down below. These “optional” services, while not required to implement a functioning Accela program for the City, include services that after detailed discussion with city staff and the Accela Team, are strongly recommended. These include additional hours dedicated to developing custom scripting and reporting for any services which are found to be unique to Hollister or require additional customization as staff works to implement the program; additional time to utilize the expertise of Accela staff to improve the City’s overall business processes for various applications and time to custom code those processes as needed; as well as assistance with migrating existing permit data into the new system. Staff feels strongly that these services will help us to create the best system possible and they are recommended based on the needs that City staff has identified during the scoping process. The recommended 3-year contract includes all of the following costs, by year:

Year 1
Required Implementation $246,850.00
Optional Implementation $43,137.50
Licensing $146,475.39
Year 1 Subtotal $436,462.89
Year 2
Licensing $150,869.25
Support $34,560.00
Year 2 Subtotal $185,429.25
Year 3
Licensing $155,395.13
Support $35,596.80
Year 3 Subtotal $190,991.93
Total Contract (3 Years) $812,884.07

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Accela has also offered the following licensing fees for two additional optional contract renewals:

Year 4 Optional Renewal
Licensing $160,057.28
Support $36,664.32
Year 4 Subtotal $196,721.60
Year 5 Optional Renewal
Licensing $164,858.92
Support $37,764.48
Year 5 Subtotal $202,623.40

The City Council adopted new user fees for the Development Services Department which came into effect on July 21, 2021. These fees included a 4% Technology Fee which is collected on all Planning, Engineering, and Building permitting fees, with the intent to purchase and maintain a permitting system for the Department. Since the creation of a separate General Ledger Account (101-1000-440058) to identify these fees in September 2021, the activity of the Development Services Department has generated $102,649.30 in Technology Fees (data as of February 25, 2022). The purpose of the Technology Fee is to assist in the implementation and ongoing fees associated with the implementation of technology such as Accela to aid the Department in providing up-to-date services to the Citizens of Hollister. While the collected Technology Fees to date do not rise to cover the costs of proposed implementation at this time, the history of the past 5 months of activity indicate that the City’s adjusted user fees and Technology Fee are in line with the costs of ma intaining a system like Accela which will allow us to provide high quality services and streamlined permit processes to the public for years to come.

It is staff’s recommendation that the City Council adopt a resolution authorizing the City to enter into an agreement with Carahsoft Technology Corp. and approving an appropriation of $436,462.89 from the General Fund for Fiscal Year 2021 -2022 (50% to Fund 101-4000-730000 Engineering Professional Services and 50% to Fund 101 -4010- 730000 Planning Professional Services). Additional annual licensing and ongoing fees will be submitted with the Development Services Department annual budget requests.

FINANCIAL IMPACT: $436,462.89 Fiscal Year 2021-2022; $185,429.25 FY 22-23; $190,991.93 FY 23-24; Fund 101. (Total: $812,884.07)

CEQA: N/A

ATTACHMENTS:

1. Budget Transfer-Appropriation Form

2. Exhibit A. Carahsoft - Accela, Inc. - 02.10.2022 - Quote 32624058

3. Exhibit B. 1508802991_Cloud Solutions-Carahsoft-CA-2016-2026-PA-Executed (3)

4. Attachment 1. Insurance_Carahsoft1

5. Attachment 2. Insurance_Carahsoft2

6. Attachment 3. Insurance_Carahsoft3

7. Attachment 4_2022.03.07_City Council_Accela PPT

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN APPROPRIATION FROM THE GENERAL FUND RESERVES IN AN AMOUNT NOT TO EXCEED $436,436.89 FOR FISCAL YEAR 2021-2022,

AUTHORIZING AN AGREEMENT WITH SILVER LINING SOLUTIONS, LLC, CARAHSOFT TECHNOLOGY CORP, AND ACCELA INC. FOR THE

IMPLEMENTATION AND ONGOING LICENSING OF THE ACCELA CIVIC

PLATFORM FOR THE CITY OF HOLLISTER DEVELOPMENT SERVICES AND FIRE DEPARTMENTS IN A TOTAL CONTRACT AMOUNT NOT TO EXCEED $812,884.07 OVER THREE (3) YEARS

WHEREAS, the City of Hollister Development Services Department consists of the Planning, Engineering, Building, Code Enforcement, Housing, and Cannabis Affairs Divisions; and

WHEREAS, the Development Services Department provides a wide range of services to the Hollister Community ranging from planning and development review, public works project review and inspections, code enforcement, building permitting and inspections, cannabis business regulation and enforcement, to affordable housing loan program management; and

WHEREAS, the various divisions of the Development Services Department currently have no system for processing and managing the intake of projects, plans, applications, or managing and tracking violations; and

WHEREAS, The Accela Civic Platform (“Accela” or “the System”) provides an all-in-one system which will be designed for each individual division as well as provide interconnectivity between the divisions as projects and violations move through the development and review processes; and

WHEREAS, the System will allow for real-time updates on application status for not only City Staff but also the project applicant and the public; and

WHEREAS, the System will interconnect with GIS to provide accurate historical permitting history for parcels within the City, which is impossible with the Development Services Department’s current operational setup for the various divisions; and

WHEREAS, the System will allow for the generation of customizable reports to provide information on current projects, issuances of building permits and final occupancy permits, among others, which can be both provided to the public and used to complete annual reports in a timely manner, where they are currently time-consuming and can contain inaccuracies; and

WHEREAS, in addition to incorporating Accela into the Development Services Department, it will also be integrated with the City of Hollister Fire Department to allow for processing fire inspections and coordinating with the City of Hollister Building and Code Enforcement Divisions; and

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WHEREAS, the System will also be integrated with the City of Hollister Finance Division to allow for online payments of all permits and violations within the Development Services and Fire Departments; and

WHEREAS, Accela provides continual updates and quality-of-life changes to their technology, and the City would receive these updates as they are released to keep the highest level of service and compatibility while using the system; and

WHEREAS, the City Council finds that the implementation of the Accela Civic Platform for the Development Services Department and Fire Department would increase productivity and the processing of applications as well as increasing transparency of the Departments to the public and applicants; and

WHEREAS, the scope of services and costs for the implementation of the Accela Civic Platform is hereby attached and incorporated by this reference as Exhibit A; and

WHEREAS, the City Council authorizes the purchase of the Accela Civic Platform from Carahsoft Technology Corp. under the State of California Participating Addendum No. 7-17-70-40-05 to the Utah NASPO ValuePoint Master Agreement No. AR2472, which is hereby attached and incorporated by this reference as Exhibit B.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes an agreement Carahsoft Technology Corp. to implement the Accela Civic Platform for the Development Services and Fire Departments, including ongoing licensing fees in an amount of $812,884.07, authorizes the Ma yor to sign on behalf of the City of Hollister, and approves an appropriation from the Gene ral Fund to Fund 101- 4000-740027 in the amount of $218,231.44 and an appropriation from the General Fund to Fund 101-4010-740027 in the amount of $218,231.45 for Fiscal Year 2021-2022 ($436,462.89 Total).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 7th day of March, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

Epperson Law Group PC

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Jason S. Epperson, City Attorney

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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-30, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 7th day of March, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of March, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease CONTRACT: Computer Programs 101 4000 740027 218,231.44$ CONTRACT: Computer Programs 101 4010 740027 218,231.44$ Fund Balance/Reserve 101 300101 436,462.88$
Total 436,462.88$ 436,462.88$

Explanation of Transaction:

Contract with Carahsoft, Silver Linings Solutions, and Accela to implement the Accela Civic Platform for the Development Services and Fire Departments.

Prepared by Abraham Prado Date 2/10/2022
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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~Accela

GOVERNMENT-PRICE QUOTATION
ACCELA GOVERNMENT AT CARAHSOFT carahsoft .

TO:

EMAIL:
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT .COM
Abraham Prado
Planning Manager, Interim Director of Development Services City of Hollister
375 Fifth Street
Hollister, CA 95023 USA
[email protected] .gov
FROM:

EMAIL:

Casey Oesterle
Carahsoft Technology Corp.
11493 Sunset Hills Road
Reston, Virginia 20190
[email protected]
PHONE: (831) 636-4360 PHONE: (571) 662-3010 FAX : (703) 871-8505 TERMS: Contract Number: 7-17-70-40-05
NASPO Master Contract Number: AR2472
Contract Term: 09/15/17-09/15/26
Sh ipp ing Po int: FOB Destination
Credit Cards: VISA/MasterCard/AMEX
Remit To : Same as Above
Payment Terms: Net 45 (On Approved Credit)
Sales Tax May Apply
QUOTE NO:

QUOTE DATE:

QUOTE EXPIRES:

RFQNO:

SHIPPING:

TOTAL PRICE:

TOTAL QUOTE:
32624058
02/10/2022
03/26/2022
ESD
$436 ,462 .89
$436 ,462 .89
LINE NO. PART NO. DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE AR2472-IQM201-
051820-089
2 SS36000SU700
11 AR2472-CAR001-8
12 AR2472-CAR001-8
13 AR2472-CAR001-8
14 AR2472-CAR001-8
15 AR2472-CAR001-8
16 AR2472-CAR001-8

CONFIDENTIAL
PAGE 1 of 5
YEAR 1 ACCELA SAAS
Multi User Saas -Accela Building 12 month
Accela Building and Planning
Accela Inc -SS21 000MU305
Single User Saas -Accela Cannabis Program Unit 12
Months
Includes up to 10 users
Accela Inc -SS36000SU700
YEAR 1 ACCELA SAAS SUBTOTAL:

YEAR 1 REQUIRED SLS SERVICES
Professional Services -Software Engineer -Per Hour
Project Management (for Required Services)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Scrum Methodology: Sprint Planning , Review, and
Retrospective (for Requ ired Services)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Scrum Methodology: Daily Standups (for Requ ired
Services)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Project Initiation
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Accela Civic Platform Environment Setup
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
System Architecture
Carahsoft Technology Corporation -PS-SE
$2 ,406 .27 COOP 50 $120 ,313 .50
$8 ,720 .63 COOP 3 $26 ,161 .89
$146 ,475 .39
$175 .00 COOP 135 $23 ,625 .00
$175 .00 COOP 22 .5 $3 ,937 .50
$175 .00 COOP 22 .5 $3 ,937 .50
$175 .00 COOP 32 $5 ,600 .00
$175 .00 COOP 48 $8 ,400 .00
$175 .00 COOP 16 $2 ,800 .00
QUOTE DATE : 02/10/2022
QUOTE NO: aaca,oco

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~Accela
LINE NO. PART NO.
17 AR2472-CAR001-8
18 AR2472-CAR001-8
19 AR2472-CAR001-8
20 AR2472-CAR001-8
21 AR2472-CAR001-8
22 AR2472-CAR001-8
23 AR2472-CAR001-8
24 AR2472-CAR001-8
25 AR2472-CAR001-8
26 AR2472-CAR001-8
27 AR2472-CAR001-8
28 AR2472-CAR001-8
29 AR2472-CAR001-8
30 AR2472-CAR001-8
31 AR2472-CAR001-8
32 AR2472-CAR001-8
33 AR2472-CAR001-8
34 AR2472-CAR001-8
35 AR2472-CAR001-8
36 AR2472-CAR001-8

CONFIDENTIAL
PAGE 2 of 5

GOVERNMENT-PRICE QUOTATION
ACCELA GOVERNMENT AT CARAHSOFT carahsoft .
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM

DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 20 $3 ,500 .00 Global Configuration
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 60 $10 ,500 .00 Analysis and Configuration -Building
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 24 $4,200 .00 Analysis and Configuration -Inspections
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 48 $8,400 .00 Analysis and Configuration -Planning
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 32 $5 ,600 .00 Analysis and Configuration - Fire Dept.

Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 32 $5 ,600 .00 Analysis and Configuration -Eng ineeri ng
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $0 .00 COOP 0 $0 .00 Analysis and Configuration -Police
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 40 $7 ,000 .00 Analysis and Configuration -Housing
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 32 $5 ,600 .00 Analysis and Configuration -Cannabis
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 32 $5 ,600 .00 Analysis and Configuration -Code Enforcement
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 8 $1,400 .00 Config Accela Insights
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 16 $2 ,800 .00 Config Accela Insights Query and Dashboard Assistance
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 16 $2 ,800 .00 Notifications
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 100 $17 ,500 .00 Data Migration : Express Legacy Transactional
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 40 $7 ,000 .00 Accela GIS Configuration
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 8 $1,400 .00 Accela Address, Parcel , and Owner Reference
Configuration (xAPO)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 8 $1,400 .00 Accela mobile
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 8 $1 ,400 .00 Accela Document Management
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 40 $7 ,000 .00 Accela Citizen Access Configuration -Rebrand ing
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 40 $7 ,000 .00 Accela Citizen Access Configuration -Advanced
Carahsoft Technology Corporation -PS-SE
QUOTE DATE: Q2tJQL2Q22
QUOTE NO:

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53 AR2472-CAR001-8
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GOVERNMENT-PRICE QUOTATION
ACCELA GOVERNMENT AT CARAHSOFT carahsoft .
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM

DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE
Services to support Customer Implementation -Requires $10 ,600 .00 COOP $10 ,600 .00 SOW (up to 12 months)
ACA customer portal Payment Adapter
Carahsoft Technology Corporation -PS-SUPP-1
Professional Services -Software Engineer -Per Hour $175 .00 COOP 40 $7,000 .00 Report Branding & Letter Content Mod ifications
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 100 $17 ,500 .00 Report Development
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 6 $1 ,050 .00 Microsoft Outlook Exchange Server
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 24 $4,200 .00 Interface -financial
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $0 .00 COOP 0 $0 .00 Interface -Docusign
Carahsoft Technology Corporation -PS-SE
Training Program (Hourly Rate) $175 .00 COOP 12 $2,100.00 Training -Project Readiness
Carahsoft Technology Corporation -PS-TRNG-GOV
Training Program (Hourly Rate) $175 .00 COOP 16 $2,800 .00 Training -End User
Carahsoft Technology Corporation -PS-TRNG-GOV
Training Program (Hourly Rate) $175 .00 COOP 16 $2,800 .00 Training -Administrator
Carahsoft Technology Corporation -PS-TRNG-GOV
Training Program (Hourly Rate) $175 .00 COOP 16 $2,800 .00 Training -Technical
Carahsoft Technology Corporation -PS-TRNG-GOV
Professional Services -Software Engineer -Per Hour $175.00 COOP 120 $21 ,000 .00 User Acceptance Testing
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 120 $21,000.00 Go-Live Support
Carahsoft Technology Corporation -PS-SE
YEAR 1 REQUIRED SLS SERVICES SUBTOTAL: $246,850 .00
YEAR 1 OPTIONAL SLS SERVICES
Professional Services -Software Engineer -Per Hour $175 .00 COOP 22 $3,850 .00 Project Management (for Optional Services)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 2.25 $393.75 Scrum Methodology: Sprint Planning , Review, and
Retrospective (for Optional Services)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 2.25 $393.75 Scrum Methodology: Daily Standups (for Optional Services) Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 60 $10,500 .00 Business Process Improvement
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175.00 COOP 60 $10,500 .00 Data Migration : Electronic Documents
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour $175.00 COOP 20 $3,500 .00 Data Migration : Conversion Assistance
Carahsoft Technology Corporation -PS-SE
QUOTE DATE: Q2tJQL2Q22
QUOTE NO:

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LINE NO. PART NO.
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4 SS36000SU700R1
5 AR2472-IQM201-
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6 SS36000SU700R2
7 AR2472-IQM201-
051820-092
8 SS36000SU700R3
9 AR2472-IQM201-
051820-093
10 SS36000SU700R4

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PAGE4 of 5

GOVERNMENT-PRICE QUOTATION
ACCELA GOVERNMENT AT CARAHSOFT carahsoft .
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM

DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE
Professional Services -Software Engineer -Per Hour $175 .00 COOP 80 $14 ,000 .00 Advanced Business Automation & Scripting
Carahsoft Technology Corporation -PS-SE
YEAR 1 OPTIONAL SLS SERVICES SUBTOTAL: $43 ,137.50
SUBTOTAL: $436 ,462 .89
TOTAL PRICE: $436,462.89
TOTAL QUOTE: $436,462.89

SUGGESTED OPTIONS

DESCRIPTION QUOTE PRICE QTY EXTENDED PRICE
YEAR 2 ACCELA SAAS
Multi-Solution -Accela Annual (1st Renewal Term) $2 ,478 .45 COOP 50 $123 ,922 .50 Accela Building and Planning
Accela Inc-SS21000MU305R1
Accela Cannabis Program Unit Annual -Saas (1st Renewal $8 ,982 .25 COOP 3 $26 ,946 .75 Term)
Includes up to 10 users
Accela Inc -SS36000SU700R1
YEAR 2 ACCELA SAAS SUBTOTAL: $150 ,869 .25
YEAR 3 ACCELA SAAS
Multi-Solution -Accela Annual (2nd Renewal Term) $2 ,552 .80 COOP 50 $127 ,640 .00 Accela Building and Planning
Accela Inc -SS21 000MU305R2
Accela Cannabis Program Unit Annual -Saas (2nd $9,251 .71 COOP 3 $27 ,755 .13 Renewal Term )
Includes up to 10 users
Accela Inc -SS36000SU700R2
YEAR 3 ACCELA SAAS SUBTOTAL: $155 ,395 .13
YEAR 4 ACCELA SAAS
Multi-Solution -Accela Annual (3rd Renewal Term) $2 ,629 .39 COOP 50 $131 ,469 .50 Accela Bu ild ing and Plann ing
Accela Inc -SS21 000MU305R3
Accela Cannabis Program Unit Annual -Saas (3rd $9 ,529 .26 COOP 3 $28 ,587 .78 Renewal Term)
Includes up to 1 o users
Accela Inc -SS36000SU700R3
YEAR 4 ACCELA SAAS SUBTOTAL: $160 ,057 .28
YEAR 5 ACCELA SAAS
Multi-Solution -Accela Annual (4th Renewal Term) $2 ,708 .27 COOP 50 $135 ,413 .50 Accela Bu ild ing and Plann ing
Accela Inc -SS21 000MU305R4
Accela Cannabis Program Unit Annual -Saas (4th Renewal $9 ,815 .14 COOP 3 $29,445.42 Term)
Includes up to 1 o users
Accela Inc -SS36000SU700R4
QUOTE DATE: Q2tJQL2Q22
QUOTE NO:

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58 AR2472-CAR001-8
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GOVERNMENT-PRICE QUOTATION

ACCELA GOVERNMENT AT CARAHSOFT
11493 SUNSET HILLS ROAD I SUITE 100 I RESTON, VIRGINIA 20190 PHONE (703) 871-8500 I FAX (703) 871-8505 I TOLL FREE (888) 66CARAH WWW.CARAHSOFT.COM

DESCRIPTION
YEAR 5 ACCELA SAAS SUBTOTAL:

POST IMPLEMENTATION SLS SERVICES
Professional Services -Software Engineer -Per Hour
Year 1 -SLS Services Program (16 hours per month)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Year 2 -SLS Services Program ( 16 hours per month)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Year 3 -SLS Services Program (16 hours per month)
Carahsoft Technology Corporation -PS-SE
Professional Services -Software Engineer -Per Hour
Year 4 -SLS Services Program (16 hours per month)
Carahsoft Technology Corporation -PS-SE
POST IMPLEMENTATION SLS SERVICES SUBTOTAL:

SUGGESTED SUBTOTAL:

QUOTE PRICE
$180 .00 COOP
$185 .40 COOP
$190 .96 COOP
$196 .69 COOP
carahsoft .

QTY EXTENDED PRICE
$164 ,858 .92
192 $34 ,560 .00
192 $35,596 .80
192 $36 ,664 .32
192 $37 ,764.48
$144 ,585 .60
$775,766.18
Use of the Accela Products and Services specified in this document is subject to the applicable terms and conditions provided at https://www .accela.com/terms/
*3 Year Agreement, with 2 Optional Renewal Years -Offer expires 3/26/22

CONFIDENTIAL
PAGE 5 of 5
QUOTE DATE: Q2tJQL2Q22
QUOTE NO:

Accela Civic Platform
Implementation Services
Statement of Work
City of Hollister California

ENHANCING

GOVERNMENT
Together we are transformin g
the way we serve ou r
co mmunities th rough
improved efficiency, reliability,
and transparen cy
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Table of Co nt ents
Corporate Overview ...........................................................................................4 Key Staff..............................................................................................................7 SLS Implementation Methodology...................................................................10 Statement of Wo rk...........................................................................................23 References ........................................................................................................43 Appendix A:Ma intenance and Support Program ............................................45 F.4.b
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Su bmittal Date: Janu ary 26, 2022
Valid for 60 da ys following date of su bmittal
Presented By:Silver Linin g Solu tions, LLC and Carahsoft Technology Corporation 20419 East Mansfield Avenue 11493 Sunset Hi lls Road
Aurora, CO 80013 Reston,VA 20190
720.789.1122 571-662-3010
Ven dor Officer:Eric Koontz,President
Addres s: 20419 East Mansfield Avenue Au rora , CO 80013 Email: [email protected]
Direct:720.789.1122
Ven dor Contact:Chad Weiffenbach, Director of Operations Addres s: 20419 East Mansfield Avenue Au rora , CO 80013 Email: ch ad @slsGov.com
Direct:914.228.1915
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January 26, 2021
Abraham Pr ado
Pl anning Ma na ger, Interim Di rector of Development Services City of Hol li ster CA
375 Fift h Street
Ho llister, CA 95023
RE: Accela Civic Platform Project
Dea r Ab raham Prado,
It our pleasure,on behalf of Si lver Lining Solutions,LLC (SLS), Ca rahsoft Technol ogy Corp. (Ca rahsoft), Velosimo, and Accela In c. to submit a p ro po sal to the City of Ho ll ister for your Accela Civic Platform Proj ect. We are enthusia stic to su bmit information about ou r co mp an ies, o ur product s ol utions, experience. We are con fi dent th at a pa rtnership with these exceptional co mpanies will p ro vide you with th e platform and lead ership you demand.

Fo r this project, SLS is t ea ming wi th our longtime pa rtners:

Accela Inc. -a cl ear industry leader in p ro vidi ng licensing and land management so ftware soluti on s. velosimo th e technical guru s t hat a re ensu ring t critical systems in tegrate effectively.

Carahsoft Government distributor and NASPO contract holder.

We are co nfident that our proposal wil l d emonstrate bo th a so ftware platform th at is revolutionizing the way agencies do bu siness wi th th eir constituents, and a services team that has helped to shape that vi si on for more than two decades.

If you have any additional questions related to our response, please con tact E ri c Koo nt z directly at 720.789.1122 or via email at [email protected]. Thank yo u for y ou r time and con sideration. We look forward to working wi th yo u.

Si ncerely,
SLS and Carahsoft
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Corporate Overview

Fo r this project,and after , we are proposing a team that includes Si lver Lining So lutions, Accela Inc., and potentially velosimo. This is a team that works together frequently,and all are certified partners wit h perhaps more combined industry experience than any ot her go vTech team in th e industry.
co mmitted to a col laborative project approach that ensures the cu stomer will experience a quality project enga gement and an impressive en terprise product solution.

Our team is con fident that the indu stry experience we possess with government agencies of all sizes makes us highly qu al ified for this project.

Accela was formed in 1981 and incorporated in California in 1999. We are a privately held corporation with headquarters in San Ramon,California. T o meet growing gl ob al demand,we employ approximately 400 technology professionals and maintain busi ness offices in the Un ited States,Au stralia, New Zea la nd , Ireland, Jordan, and the United Arab and the United Arab Emirates.

Throughout its hi story, Accela has served over 2,000 separate agencies and thousands of th eir d ep artments with its Civic Solutions.

In 1999, Accela laun ch ed the Civic Solutions, a web -enabled SaaS platform.For the la st 20 years , our fo cu s h as been delivering ad vanced web -based sol utions to back-office and field-based government workers, inclu ding the following:

St rong ma pp ing integrati on (Esri GIS), mobility ap ps,an d on line citizen services Cloud or on -premises deployments
Pe rp etual License or Subscription-based pricin g mod els Multitenant and regional solutions
Multilingual and intern at ionalized solutions
Established st rategic partnerships with in du stry leaders in cl ud ing Ado be, Apple, Bluefin,DocuSign , e - PlanSoft,Esri, Microsoft,Oracle,an d Selectron
Accela has con si stently been first to ma rket in the foll owing areas b ecause Accela continues to purposefully re- invest in technolo gy at nearly doub le the ind ustry average in each of the l ast 5 years -to en su re a leading ed ge for our agencies.

First web -based enterprise platform
First cl oud applicat ions
First fully customizable web in terface
First 508-co mpliant product
First internationalized product
First iPhone app
First tablet/PC app
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working with the City's Subject Matter Experts
Each of these companies has intimate familiarity with each other's products and services and is ~Accela
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Since 2009, Silver Lining Solutions has been focused on enhan cing how St ate and Local Govern ments do business. Th e SLS team strives to streamline business processes,increase citizen engagement,and empower government employees with improved anal ytics.

Fo r this en ga gement, the followin g credentials,acco mplishmen ts, and capabilities are ap pl icab le:

Certified Accela Partner (since 2009)
Certified e-PlanSoft Partner
Certified velosimo Pa rtner
Accela scripting certified
Accela analysis an d configuration certified
PMP certified Pro ject Manager
Agile / Scrum Master certified leadership
Our team speci al izes an d ha s extensive experience in:

The Accela Civic Platform
Document Management
Wide variety of in tegrations
La nd Management an d Li censin g solutions
Data Migrations
Designing and Imp lementing 311 solutions
Providing Bu siness Process Engineeri ng solutions that ensure Agen ci es create solid bu siness processes Leading Professional Services Projects
Working with Go vernment to extend services to the community Designing and implementing wo rkflow processes
Building Management tools and metrics that fa ci litate great management.

And so mu ch mo re!
v cl oud-na tive techn ol ogy fuels millions of
transactions across systems for go vernments that serve over 100 million ci tizens,while revolutionizing digital services interoperability with readymade government-specific conn ectors.

Our deep partnership with A ccela inclu des readymade con nectors for Bluebeam an d T yler Ca shiering, as well a s the additional prop osed solution,e-Pl an Review. As your future in tegrati on s needs gro w, Velosimo has a Marketplace that the Agency ca n easily identi fy and procure a dd itio nal integrations for s ol ut io ns that you already have in place. For example,with th e con nector between Accela and Cityworks, case da ta from ci tizen submissions and work orders can be handled automatically and specific to the agency records in both systems. Th is growth on a single integration pl atform will help your agen cy become more efficien t, and seamlessly co nnected.

Sh ould other integrations be needed, v model i s t o wo rk closely with the customer in di scovery to understand your goa ls,chal lenges thoroughl y, and req uirements so we can scope the co nstruction of th e resulting perfect-fit, no-cod e con nector.

The Velosimo team alone ha s a co mb in ed exp erience of mo re than 125 years of exp erience with the Acce la Civic Pl atform.Th is knowledge a nd understanding of both th e product and the market has enabled tens of agenci es using Accela to ut ilize the po wer of the Velosimo con nectors, resulting in seamless in teg ration s t hat b ring value to organizations such as yo urs. Speci fically, the Velosimo conn ectors provide:

Reliability
Predictable and foolproof i nteroperability, smart recovery from con nected syst em outages, and bulletproof throu gh fu tu re systems upgrades.

Prebuilt Integrations
A growin g Marketplace of off the shel f connectors to sp ecific pub lic sector use ca ses an d systems in teroperability.

Si mple an d easy no -co de setup and maintenance d esigned fo r business users.

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Accela Civic Pla tform I mplementation Services SOW
Page | 6
Lo wered Costs
Avoid costly legacy system replacement by con necting mo dern extensions,eliminate redundant systems,and extend use of en terprise agreements, and avoid costly do ub le data entry mistakes an d corrections.

Delighted Customers
Deliver a co nnected and un in terrupted experience for your st aff and ci tizens an d avoid staff frust rations and errors of double da ta entry and reconciliation.And gain i nsight into systems outages and recovery.

This value was sh ared multiple ti mes as recently as la st week, when fo ur joint Accela and velosimo cust omers turnaround time for pla n review, and th e ease of sharing results; and Macomb County, Michigan real izing immediate effici encies in issu ing permits after moving to DocuSign for digital signatu res bo th co nn ecting to th e Accela Civic Pla tform with vel osimo con nectors.

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Key Staff
Resumes
Key Staff Highlights: Eric Koontz (Project Director)
As the president and founder of Silver Li ni ng Solutions,Eric has formed a team of leading experts that are ch an ging the way agencies d o bu si ness to day.With a fo cu s on process improvement, cu tting-edge technology, and a pa ssion fo r collaboration Eric's leadership is redefining success. The Si lver Lining Solutions Team has been responsible fo r the success of hund reds of soft ware implemen ta tions. Si lver Li ning Solutions improves the wa y gove rnments do bu si ness an d ultimately the way their co nstituents experience t he benefits of go vernment a gencies .

Skills
Project Oversight an d Management
Certified ScrumMaster Scrum Alliance January 2017
Certified Asset Management Auditor August 2015
Business Process Engineering
Java, Ja vascript,SQL, CSS, HTML and other programming languages Project Experience
Eric ha s provided leadership an d t echni ca l s olutions for over 100 proj ects in the la st 12 years.The followin g projects are hi ghli ghted:

Boston Public Health Commission Mobility/Web CXM implementation, Boston, MA Sr PD respon sible for o verseeing the Co mmunity Develop ment Pla tform Implementation for Environmental Health and Permi ttin g services at BPHC. Provided project oversite, project management, end -user training, scripting,an d report development,as well as so lu ti on de sign s ervices resulting in a successful on -time an d on -budget project City of Salt Lake Citywide Enterprise Service Request and Licensing Solution,UT SR PM responsible fo r managin g th e implementation of a ci tywid e Community Development solution,consisting of 9 City Di visions for their Permitt in g an d Service Request processes.This One Stop solution drastically improved co mmu nicat io n a nd data sharing between these divisions, enhancin g the ab il ity for th e public to easily retrieve property data and initiate Service Requests with t he Ci ty of Sal t Lake.

City of Brookhaven Community Development Implementation,NY SR PM responsible fo r ensuring the implementation and delivery of a citywide Community Development solution, co nsisting of multiple departments for t heir Permitting an d Service Request processes.This Community Development solution significantly impro ved communication, data sharing, and documen t sharing between external departments,gi ving the city of Brookhaven its first city wide so lution for Permit processing and Service Requests.

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Key Staff Highlights: Chad Weiffenbach (Project Manager) Chad leads his clients to enable st rong co ll ab oration and empower teams to crush t heir go als!Accu mulating 26 years of professional experience, he has the skills to lead ma jor programs and p ro jects fo r established businesses and governments as well as start-up s.

Through his vast ex perience as a project m an ager has developed an expertise of delivery strategies whi ch has enabl ed Chad to su ccessfully lead projects to co mpletion.Ch ad also excels in lead in g la rge and small pro ject teams utilizing Agile methodology for software implemen tations.

Skills
Certified PMP, Scrum Master,Scrum Product Own er, SAFe Agil ist, and Six Sigma Bla ck Belt
Programming: C, C #,.NET,C++, HTML SQL, Java,Javascript, SQL, PL/SQL Systems: Windows Server (2003/2008 & 200 R2/2012 & 2012 R2), Linux (Ubuntu), UNIX (HP -UX, Solaris, AIX), Virtua li zati on (VMware Workstation/Virtual Bo x/Hyper -V) Databases an d Analytics: MS SQL, MySQL, Oracle, MS SSRS, Crystal Reports,Power BI, Training, IV&V, Business Process Anal ysis an d Business Process Re-design Project Experience
Boston Public Health Commission Mobility/Web CXM implementation, Boston, MA Sr PM responsible for su ccessfully managin g the Co mmunity Development Pla tform Implementation for Environmental Health and Permitting services at BPHC. Provided ch an ge management, project management, end - user training, architectural oversight,scripting and report development,an d solution design services resulting in a successfu l on-time and on-budget project
Enforcement Service Request, Permit Application/Processing Implementation -State of Michigan PgM a nd Scrum Master responsible for multiple projects including the implementation of Enforcement service requests, Permitting ap pl ication and processing, and a statewid e Busin ess Li ce nsing so lu tion.As a PM an d Scrum Master during this multi-year multi-phase project,was critical in the design for upwards of 500 un ique business processes.

City of Virginia Beach Planning Dept. Accela Implementation,VA Sr PM responsible for su ccessfully managin g the Ci ty Pl anning Department's system implementation of automated business processing, document review and document management. Provided cha nge management,project management, end-user training,architectural over sight,scripting, report development, and so lution desi gn services resulting in a successful on-ti me and on -bu dget project.

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Key Staff Highlights: Darren Koontz (Senior Consultant) Darren has spent th e last 11 years imple menting business solutions for government agenci es .

From working wi th new client implemen tations to enhancing and streamlining existing bu siness processes,Darren ha s a customer su ccess record that is second to none. Darren's customers have all experienced the same -a relentless passion to solving technical bu si ness problems,streamlining processes,in creasing publ ic transparency.Hi s un derstanding and experience in Business Licensi ng, Record Management, and Asset Management, has made him one of the most experienced Skills
Team Building and Leadership
Business Process Analysis
Microsoft Office Produ cts
Customer Relations
Software Training
Project Experience
City and County of Denver Permit Processing and Ser vice Requests Implementation,CO Sr Business An al yst responsible fo r redesigning and streamlining out of date bu siness processes, including the -
Stop Community Development so lution.As the lead consultant on this project,wa s also critica l in resolving upwards of 350 post go live issues id entified during the in itial implementation.

City of Lincoln Community Development Permit Processing/Service Request Implementation,NE Business Analyst in ch arge of i mp lementing a One-
in script development as well as report writing, was vital to the development stage of th e project e nsurin g th e success of script an d repo rt development for all city records.

City of Tempe Community Development Permit Processing and Service Request Implementation, AZ Sr Business An al yst tasked with implementing a Co mmunity Development solution,consisting of multiple unique Service Requests,an d Permi tting Pr ocesses. As a sea so ned business analyst,was key to the successful delivery of this jo int partn er implementati on of a Community Development platform wi th limited access to additional implemen ta tion resources.

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SLS Implementation Methodology

In this section,we pro vide our well-established approaches and methodologies f or project implementation. Our team has been performing these services for over a decade, and in so me cases approach in g 15 yea rs! Our processes ha ve been tested and con ti nu ously impro ved du rin g th is time an d toda y pro vide our project teams wi th a reliable ap proach!
A couple of the to pi cs p roposed in this section can be addressed simply.

Data Ownership:You own your data, Accela simply hosts your system and data in the Microsoft Azu re Cloud envi ronment
End of contract data transfer: Accela provides a simple Microsoft database backup of all your data.

Accela is PCI Compliant:

Audit Trackin g is a na tive function of th e A ccela Civic Platform and can be ad ministered using simple Admin Configurat ion.
and recommendations fo r bu siness processes.

The SLS Methodology
When you cho ose SLS, you are choo sing a wi nn ing formula.Project Success should not be an el usive goa l o r a shot in the dark. In fa ct, we have identified five key ingredients th at must be included to ensure a win ni ng outcome.

Dependable Implementation Methodology We love m ethodology!We rely on our processes and recogni ze that it is th e basis from which we methodology and refining it fo r a d ecade now. In fact,ou r partners have all cloned some form of our process. No problem,we are happ y to share it wit h ou r colleagues
Exceptional IT Professionals To create long-term and innovative solu tions for exce ptional organi zati on s we must ensure th at bu siness processes an d t he systems used co mmunicat e in perfect synchronization.

We rely on our architectural team to gu id e us an d our tech geeks to make it happen.

Extensive Platform Experience Our pl atform ex perience is second to none. We have a team o f e xperts that can perform al l p latform functio ns This Agil e /Scru m
implementation ap proach
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LEADERSHIP
IN

ACTIO N
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~ Business Process Flow : Accela has a library ("Civic Apps") that provides industry best practice standards •
create repeatable and dependable solutions . We've been using this -it's a form of flattery after all.
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from system deplo yment and implementa tion to report development, scripting, data migration an d interfacing. Ha ving a team that un derstands al l aspects of th e system and has the tenured experience is invaluable.

Enthusiasm for Success An often-overlooked corn er stone of su ccess is the pure j oy found in individua ls and teams that love what they do.En thusiasm is an in tangible element that is perhaps difficul t to measu re and seldom spoken of. Wh at we are certai n of i s t hat enthusiastic teams create synergy, they solve more complex problems in a sh orter duration , and they achieve greater su ccess than teams that are devoid of this attribute.

Brilliant Resources There is no substitute for having th e right people.People are our greatest res ource. driven by curiosity. We facili ta te calm, cool,an d collected decision making.

Methodology Overview
Ou r pro ject philosophy is to gu id e and en ab le ou r cu st omers to wa rds self -sustained support o f t heir new project.

Fo r new developmen t o r n ew projects, an organ ization should expect to spend about 70% of t he to tal effort expended by SLS. If you ha ve not al ready invested the effort to define your goals or may still be looking to con du ct some business process improvements, this number can easil y go hi gher. Fo r more simple tasks and modifications that resolve issues,expect your level of effort to be ap proximately 10 - adequate system testing and to adjust your processes when necessary. Ou r e xperience tells us that wh il e we are experts in implementing Accela Civic Platform for many customers, our customers are not always experts on th e new platform and therefore must invest adequate time to become fully s elf -su pp orting.

Si lver Lining So lutions wil l p rovide a Certified Scrum M aster who will lead the team f or all projects and tasks.Th e Agency should dedicate on e person to serve the role of the Scrum Product Owner full time for the du ration of the project (i f possible). Th e Agen cy Pro du ct Owner will be responsible for setting the overall priority of work for t he team. Si lver Li ni ng So lutions will advise and consult with the Product Owner to insure con si stency and success of the project,as necessary.

Project Kick off and Backlog Creation:

After con tract signi ng, SLS an d th e Agency will create the project charter and define the roles an d responsibilities of each t ea m member from both parties.After agreement of the charter, the Scrum Master and Product Owner wi ll lead efforts to pl an and b re ak down th e work encompassed in th e Scope of Wo rk.

The Agency Product Owner,Agency Staff, and Sil ver Lining So lutions consultants wi ll create a list (the project them for t he project. More Agency
staff experts may be needed to create the User St ories for th eir a rea of expertise. These initial User Stories will be the basis for the Silver Li ni ng So lutions Scrum Master to lead the team in initial sizing of ea ch Us e effort. Initial sizing (so metimes referred to as scoring in Agile me thodologies) will be relative to each ot her an d no t directlytied to actual work effort. Gi ven thi s initial estimating, the Product Owner can b etter understand how to priori ti ze work fo r t he team.

Bac klog Planni ng
The Agency Pr oduct Owner an d t he Sil ver Lining Solu tions Scru m Master will th en work collaboratively to create an agreed up on Sprint
Goal that sets the tone of what work will be completed in the sprint. The Sprint Go al will direct the Product Owner and Scrum Master to assess the project backlog to d et ermine what highest priority User Stories must be inclu ded in a sp rint to meet th e Spri nt Goal. Du ring each sprint the requirements will be elaborated on with the team to create Spri nt Backlo g o f U ser Stories and decide what work ca n b e co mmitted to being comp leted with in th e Sp rint . The Project Backlog will b e up dated
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backlog) of User Stories based on the Agency's requirements and prioritize r Story's work
overall work plan, dividing the work into "Sprints" of equal durations. Each Sprint will have an throughout the project's lifecycle (referred to as Backlog grooming)

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we reduce the risk of scope creep during a given sprin t.Experience tells us that projects ch an ge through their lifecycle cha nge is necessary and therefore th e backlog grooming is a perfect tool to discus s and introduce Sprint Overview
Sprint Planning:

During th e f irst 1 to 2 bu siness days of every Sp rint,the team wil l co llecti vely discuss and assign th e User Stories on the Sprint Backlog, con firming all th e work can b e completed by the team. At the end of the sprint planning all parties wil l a gree and commit to the work assi gn ed on the Sprint Backlo g.

Within a sprint each user story wi ll go through 5 processes as follows:

Daily Stand-up Meetings:

Daily Sta nd -Up Meetings wil l b e h el d on a mutualagreed up on sched ule. The purpose of the stand-up meetings i s to report progress of daily tasks util izing a Kanb an board (Trello)to track and report progress.Task assignments wi ll be ma deby th e Silver Lining Solu ti on s Scrum M aster and agreed to by the team in at tendance o f the stand-up ca lls. By meeting regularly for this purpose, the team will be in much closer communication and collaboration while reducing schedule ri sk as impact wil l be kn own much earlier fo r th e project.

Sprint Review:

A Sprint Review is held two da ys before the last da y of th e Sprint to inspect the work completed and adapt the Project Backlog if needed.This meeting is run by th e Product Owner. Du ri ng th e Sprin t Review, the project team and other stakeholders col laborate about wha t wa s done in the Sp ri nt . Based on th is discussion and any ch anges to the Project Backlog during the Sprint,attendees collaborate on wha t co uld be done to op timize value in the future.This is an in formal meeting, not a status meeting, and the presentation of the Increment is intended to elicit feedback and fo st er collaboration.This is typical ly a ½ day meeting.

Sprint Retrospective:

The Sprint Retrospective is an opportuni ty for the team to inspect itself an d create a pla n for i mp rovements to be enacted du ring the next Sp ri nt.

The Sprint Retrospective occurs after the Sprint Review an d p ri or to th e next Sprint Pl an ni ng. This is a t wo -hour time-bo xed meeting. The Silver Li ni ng Solutions Scrum Master ensures that the event takes place and that attendants understand its purp ose.

The purpose of th e Spri nt Retrospective is to in spect how th e last Spri nt went with re ga rds t o p eo pl e, relationships,process, and tools. Ident ify and order th e major items that went well and potential improvements.

Create a p la n for implemen ting improvements to th e way the Scrum Team does its work. By th e end of the Sprint

1.Requirements Elaboration Agency business processes will be an al yzed to take advantage of Accela Automation and a so lution will be agreed upon and documented by user stories.

2.Design Ta sks will be ad ded to further define t
requirement.At this stage test requirements for the tasks are also developed by Agency st aff.

3.Build all agreed to,in scope, solutions defined during the Design pro cess will be developed. This includes co nfigura ti on s, customizations,conversions, interfaces and reports,testing plan s, and training plans.

4.Test For e ach User Story,the system is tested, corrections are ma de as deemed necessary,the system is prepared for deployment to the next environment and users are trained.

5.Deploy The User Story solutions are mo ved to th e test environ ment.

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Retrosp ective, the Team should have identified improvements th at it wil l implement in the next Sprint,although improvements may b e i mp lemented at any time.The Sprint Retrospe cti ve provides a formal opportu nity to focus -improvement.

Ma nagement Approach
While traditional Project Management is not an official part of the Agile an d Scrum methodology it remains an essenti al rolein project delivery. For Management we identify 3 critical areas that must wo rk together to foster a successfu l project environment and su pp ort the project team in their mission.

Stakeholders
Often overlooked is th e invaluable role of the project stakeh olders,champions,an d sponsors.

These roles often enga ge only to initiate a p ro ject and then receive the final solution. Th is is a mist ake.

Stakeholders typically have th e power to ensure that a project i s p ri oritized suffici en tl y such that human resources, equipment,and budgets are always sup po rting th e mi ssion. When Stakeholders are not engaged, often the and engaged Stakehol ders th at consistently review an d evaluate the necessary.

Project Management Team
The PM team shoul d b e co mprised of at least on e indi vidual from both t he SLS an d Agency tea ms. Together the PMs en sure that administrative and con tractu al ex ecution of the project are met satisfactorily. Our PMs ensure resourcing is properl y p la nned, i mped iments th at the Scru m T eam ca nn ot resolved are properly expedited an d addres sed,an d St akeh ol ders receive the in formation necessary to assess project progress.

With an Agile/Scr um i
activities, progress,an d po tential impediments as they attend da il y standups.In this model,the PM has a primary responsibility fo r t he facilitation of impediment mitigati on when the core scru m team cannot resolve the prob lem.

It is very common an d b en eficial fo r a Project Manager to also be actively in cl ud ed on th e scrum team and participate in th e development of th e prod uct.This gives a PM even greater a wa reness of real project progress.

Together the Agency and SLS Proje ct Managers will determine exactly what project management to ols and artifacts wi ll be required du ring project ini tiation phase. The necessary project artifacts will vary based on the rsight requirements. These tools typically inclu de:

During Project Initiation:

Review Project Contract and Statement of Work maki ng mo di fications as necessary Develop an d Approve a Project Charter
Develop a Pro ject Sprint Pla n (Scrum version for a traditional Pro ject Pla n) Establish format for Status Report
Resource the project wit h T echnical an d SME resources as ap propriate Establish Scrum Spri nt sched ul e
Identify an Agency Product Owner that is empowered to make decis ions and has approval authorit y Identify a Stakeholder team and coordinate a regul ar Stakehold er meeting Ensure an es calation process is established
Establish Communication chan nels
Initiate th e Project Backlog using a Scrum B oard
Establish a master project repository
Establish a risk and issue register
Throughout Project Execution:

Sprint Status Meeting (a ligned with Sprint Sch edule)
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Sprint Retrospective
Sprint Review
Execute Pro ject Change Requests if necessary
Evaluate Project Progress to Pla n an d address issues as necessary Ensure Project Pl an is updated on a regular basis typically mo nt hly Faci litate resourcing cha llenges
Prepare project o verview for Stakeholders an d meet with Stakeholder team on a regular basis typically on a fo ur-to-six-week cycle.

Scrum Team
Though the Scru m team itself is no t officia lly a PM role, it is the most critical team in ensuring that th e final product and solution are excellent.The Scrum Team is a self-regulating an d self-go verning group that collectively ensures that each member gets the help an d ass istance needed,resolves imped iments together, and measures progress on a regular basis to beprovid ed to th e PM team.

The SLS Approach to discovery and business analysis
A successful approa ch to discovery and business anal ysis starts with ha ving th e right peop le engaged in the also takes leadership an d gu id an ce from a team that has significant experience.

The SLS team has co mplete confidence i n ou r ability to fo ster th e col laborative teamwork necessary to ensure project succe ss. The fol lo wi ng information illustrates the high-level approach our team takes for bu si ness an al ysis and di scovery.

Clearly Establish Goals
Well in ad vance of co nd ucting th e act ual business analysis and discovery all participants and oversight shou ld di scuss and agree to the goals a nd outcome of the work.

Define Criteria for Do ne
After goa ls are established,the team should agree to the outputs and format for work produced .

Identify expected challenges
Often overlooked is ou r ability to project challenges and get ahead of them.This step sets us apart as we co mmu ni ca te and plan for our hu rdles!
Verify the correct SMEs and Au th orized Approvers are involved people mu st be in vol ved from beginning to en d t o en sure continuity an d a ccu racy. It is also imperative that whoever owns th e responsibility fo r approval is involved and not s imply arrivi ng at the end of the process.

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Prepare
Prior to ex ecu ting wo rkshops, it is imperative that all members involved in the process arrive prep ar ed wi th their homework co mplete.

Execu te Workshops
We are wo rkshop expert s an d t ho rough ly enjoy the rewards of a t ea m that successfu ll y co ll ab orates and exceeds expect at ions and goa ls! Th is step is ea sy when the previous steps are execu ted properl y.

Unfortunately, too many teams start and end wi th th is step! Revi ew Solution
Before completion of th e Workshop,th e tea m s ho uld en su re that the soluti on meets the go al s and cr iteria established at th e onset. Often, the work performed wil l ca use th e go als an d criteria to be adjusted or revised.Th is is normal and should be documented.

Approve and Commit
This la st step seems to be obvious but is too often overlooked. It is never okay to wrap up the analysis an d di scovery without ha ving also in vested the time to en sure th at ap proval is imminent. experienced professionals will find the ap proach to
be refreshing. This approach has been refined by talented experts.It has been simplified so th at it can b e used co nsistently and with pred ictability.It has eliminated th e excessive tasks th at do not add val ue,an d i t reinforces a process that ensures quality and con fidence. We always follow these steps.

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SLS Training and Edu cation Approach
Training is a key factor of a successful project.Therefore, SLS has an established project go al for trainin g.

A primary reason th at we execute every project today using an Agile / Scrum methodology is that it emphasizes training, testing, and end user immersion th roughout the entire project! Our team has implemen ted nearly 80 pro jects and wo rked with hundreds of users of va rying degrees of business and techn ical skills. What we have experienced,is that th e degree to which users are t ra ined (or under -trained) has many common denominators regardless of their previous skills.

Agency users th at are well trained demonstrates the fo ll owin g a ttributes:

Confidence in th e product
Confidence in th e implementation
Demonstrates skills in pe rforming their j ob on day 1
Can easily na vigate th rough the platform
Can un derstand when they have encou ntered a system error or a user error Can communicate problems they are experien ci ng
Can id entify areas of the system that are ideal for future enhan cements an d auto ma ti on Become product and project Ch ampions!
Agency users th at are under trained demonstrate the following attribu tes:

La ck product and implementation confidence
Do no t understand how to navigate or use th e system
Panic and get frustrated when en co un tering a p ro blem Ha ve difficulty communication impediments
Become product and project detractors.

SLS Project Training Goal
Fo r every project that SL S executes it is essential to ensure that key IT and SME personnel receive both exceptio nal training and system experience durin g the project,thus ensuring tha t the Agency h as a high degree of expertise,experience, and confidence when the system is deployed to prod uction.

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People are our greatest resources . When we prepare them correctly and arm th em with knowledge and expertise they wil l flou rish.

Li ke any co mpetent implementation team, we provide co urse training. The ba sic cl asses
That al lo w new students to attend and go t hrough a curriculum with an in structor.

These classes al lo w students to ask questions and to follow along with their own laptop.

These courses ensure that students are exposed and learn abou t the basics o f the system.It provid es them wi th a foundation so that they ca n p erform their jo bs an d b egin their jo urney to greater system awarenes s.

What we d o d ifferently an d b el ieve sets us apart from others is our commitment to immediately ensuring th at the co urse is only th e first step in learnin g.After a cl ass it is important to put th e new skil ls to use on practical tasks. It is important to make mistakes and learn how to fix th em. It is important to attempt to create so lutions an d find ga ps in un derstanding. It isimportant to gai n experience.It is important to ga in expertise.It is importa nt to do this in an environment that allows for a n ew user to be comfortable.Therefore, it is critical to do th is du ring theproject and not wa it un ti l a fter the project i s do ne!
Therefore,ou r standard p ro ject training ap proach is t o:

Provide classroom trai ni ng to the team ju st before the skillslearned in the cl assroom are need ed on the project.

Include th e Agency team in both the an alysis an d co nfiguration tasks of the project.

Provide real op portunities for th e Agency team to utilize th e skills they have learned in cl ass th rough testing, training, and implementation.

Continue the training throughout the project on a regul ar basis.

This approach i s in ma ny ways more costly for our team. It takes longe them task assignments just like they are on e of ou r own teammates.

Fo r this project we will provide th e f ollowin g Classes:

Project Readiness Stan dard project ini tiation course that prepares the team fo r p ro ject execution,Agil e methodology, and basic system pl atform access.

End User Stand ard co urse for teaching the key project team on basic End User system cap abilities Administrator standard course for SME and IT personnel that need to develop system admi nistrator skills
Technical focus on Report Develop ment and Business Automation/Scripting Training Training Apprenticeship Free ongoing training throughout the project! To ensure real learning an d d evelop true expertise we must apply what we learn immediately was e stablished in the 1800s by Hermann
Ebbingha us this famous study demonstrated th at the loss of traini ng can be as much as 80% after 1 month if the knowledge gained is not practi ce d and ap pl ied!
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If the A gency has th e need for additional training on mo re advanced subjects,we are happ y to discuss these as well.

Fo r this project we believe that it will be necessary to cond uct all implementation and training off site via Zoom. it. The SLS team has been doing this remotely fo r m uch lo nger. 80% of all project work including training fo r the last decade have been con du cted using Zoo m. Should the current Pandemic and the travel challenges associated to it resolve during th e project,we are happy to discuss tra vel and onsite engagement.

The Accela Community
In addition to th e training con du cted during the project, the Agency can al so ta ke advanta ge of t he Accela Community and th e many benefits it offers.

Fo r example, training documents, how to guides, and video tu to rial s are ma de available by Accela and can be documents are made available to customers via the Accela Co mmunity immediately up on release.

Customer Imple mentation Responsibilities
SLS utilizes an Agil e / Scrum Implementation methodology that relies greatly on th e particip ation of th e customer or Agen cy SME and IT team.We know that there is a strong and direct correlation between the engagem ent of the cu stomer and the success of the product an d t he project. For this project,as wi th mo st projects we recommend the followin g cu stomer resourcin g for th e project.

Stakeholders A key su ccess factor for a project is the engagement of a Stakeh older team.Ideally, St akeholders are actively engaged on a regular basis with project o versight.We rely on Stakeholders to proacti vely sponsor the project, assist with p ro ject prio ritizat ion, facilitate resourcin g.Sta keholders sh ou ld pa rticipate in a St akeh o ld er meeting th at occurs every four to six weeks.

Project Manager The individual wit h th e PM responsibility sh ould expect to spend on average about 10 to 12 hours per week overseeing the project. This might be a bit on the hi gh side,bu t we prefer to sca le down and n ot have the Agen cy overburdened. This lo ad for th e PM wil l b e greatest at the project initiation and go-live ph ases of th e project.If possible, it would be advantageous for th e PM to also be an active member of th e project. This increased exp osure to th e project u su ally reduces th e PM effort and Scru m Team Co mp ri sed of Subject Matter Experts (SMEs) and IT personnel, the Scrum T eam is the heart of th
to attend daily stand ups an d frequent wo rkshops to an alyze product requirements, participate in product development,test product improvements an d ch anges, and al l project tasks. For this project,most team members should allocate between 25-50% o f th eir work capacity to the project du ring th e primary analysis an d co nfiguration phases of the project. They should expect to attend all trainings available, and their workload wil l b e s igni fi ca ntly reduced during later stages of the project wh en the focus of th e project turns toward more technical tasks. This estimate v aries greatly du e to many factors such as:
department preparation for th e project,th e resources co mputer skills,the resources business expertise autonomy, etc.

Product Owner The product owner is the most important project team member. This individ ual must be part of the scrum team and shoul d pa rticip ate i n all training, stand ups,an d most workshops. This role is ch arged with the responsibility o f making product requirem ent decisions and should have th e auth ority for approval . Ideally, the prod uct o wner is highly engaged in the project during all ph ases to ensu re co ntinuity and quality. Expect a mi ni mum of 50% enga gement for th is project.

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increases the PM's true ability to assess project performance and advocate for project needs . e Agency's implementation team . This team should be comprised of a representative from each of the Agency's departments and expect to be well immersed in the project. The Scrum team should expect and familiarity with existing business processes, the resource's ability to make decisions and execute with

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Accela Data Migration Methodolog y
Accela has a Dat a Mi grati on to ol that allows for the use of a SQL Server database backup fi le to map th e historical or legacy data to th eir destination fields in the Accela Civic Pl atform. Using th is to ol, it is possible to mi grate al l historical data.

When converting data from one system to another it is common an d should b e exp ected that some da ta wi ll have to be adjusted in th e process in formatting so that it can be stored based on th e rules of the destination system.

This is especially true for fees and payments. Th is type of in formation is often migrated as te xt since the formulas and processes of calculation would not align.

The Agency is responsible for data scrubb in g an d ensuring da ta in tegrity pri or to delivering a S QL Server database backu p with the source data need ed for th is process.Fail ure to do this can result in inaccurate data or in creased levels of effort. The agency will be expected t o provide a SQL Server and VPN access with SSMS access tothe data. If this cannot be provided by the agency, Silver Lini ng Solut io ns can provide a conversion envir onment for an addition al cost.

Definitions
·Record The Transactiona l entity within Accela (previously CAP /Case,Appl ication,or Permit)
·AMS Asset Management System
·APO An Address, Parcel, or Owner in Accela Automation
·APO Attribute A custom configured data field that can be used to store additiona l information about an Address,Parcel,or Owner
·Licensed Profess ional A person that has a unique combinatio n of license number and lic ense type.
·Licensed Profess ional At tribute A custom configured data field that is used to store additio nal information regarding a license d Professional ·Data Source A collection of data that will be mapped and converted to Acc ela Automation History Data Conversion Process Flow
This is th e overview of the History Co nversion Methodology. Each ph ase is associa ted to the overall p ro ject phase, a forma l r eview of the con version should be done at th e con cl usion of ea ch phase using the associated documen ts and provided to th e Agency for sign off prio r to co ntinuing on to the next ph ase.

History Data Co nversion Process Summary
Phase: Project Initiation
Su mmary:Review del iverables and set expectation s f or project related tasks. Co ordinate with project manager and lead to en sure prototyp e r ecord
Task:Co nd uct C on version Initiation
Document / To ol:Pr e-St art Qu estionnaire,Deliverable Expecta tion Document Percent Complete:5%
Phase: To-Be Analysis
Su mmary:Critical co mp on ent to dat a con version.

Review data an d gath er high l evel requirements to determine ri sks,da ta cleansing acti vi ti es, and lay the groundwork fo r d ata mapping.

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Business Overview Determine sp ecial processing (e.g. defaulting critical va lu es and phased conversion processing) need for history co nversion.

Technical Overview Determine fi le types, format of da ta,an d techn ical ch allenges.

Data Overview Identify data anomalies, required translations,and req ui red staging ta bl es Data Cleansing identify issues or areas of source that require cl eansing prior to conversion processing GAP & Excep tion
and development)
Task:Provide Data Sources in Acce ptable Fo rmats (Agency), Complete Data Conversion Anal ysis, Initiate Data Cleaning Efforts
Document / To ol:Co nversion Requirements Doc, An alysis Sp readsh eet Percent Complete:15%
Phase: So lution Foundation
Su mmary:A da ta map will be generated that wi ll define the relationship between the external data source and history Standardized Tables.Du rin g So lu ti on Foundation,an in itial data map wi ll be created mapping ba se Record/Asset,Contact, Owner, Fees, Payments,ASI, ASI Ta bl es, Inspection,and workflow data fo r one re cord type.

Da ta Conversion wi ll be prototyped to demonstrate the results of ma pp ing an d aid in finalizing data mapping.

Prototype Review sh ou ld be co nd ucted against da ta map. The review wi ll al so ai d in id enti fyin g ke y test poin ts and developing a fo rmal UAT plan .

Task:Dr aft Da ta Map, Develop Prototype Conversion, Execute Prototype Conversion, Review Prototype Data Document / To ol:Data Ma p Sp ecification, Dat a Map To ol , Accela Co nversion Tool Percent Complete:30%
Phase: Build
Su mmary:Up date and finalize data map after prototype i s co mplete, includi ng any agreed upon cust om processing.Th e bulk of development wi ll take p la ce du rin g th is ph ase after the data map is fin al ized .Iterative process of development and cli ent validation.

Task:Co mplete final Data Map , Bu il d an d Unit Test Data Co nversion , Execute da ta conversion cycl es 1-2*, Va li date co nverted da ta, Resolve da ta conversion defects
Document / To ol:Si gn ed -off Speci fication, Accela Conversion Tool, Conversion Release Notes (for each cycl e), Sh arePoint issue tracking list
Percent Complete:60%
Phase: Readiness
Su mmary:Th e data fro m the last execu ti on in build (e.g cycl e 2) should be cop ied as part of creating the UAT Test envi ronment.A 3rd execution of data conversion (if required) should be planned to init ialize data in to th e 2 nd UA T cycl e.

Task:Resolve da ta co nversion defects, Execute Da ta con version cycl e 3*, Validate co nverted data, Pa ckage co mplete conversion program, Ob ta in si gn off o n data con version Document / To ol:Accela Co nversion Tool, Conversion Release Notes (for each cycle), SharePoint issue Tracking, Conversion Progra m Pa ckage
Percent Complete:90%
Phase: Deploy
Su mmary:Data is converted fro m source to production
Task:Ex ecute final conversion into prod ucti on environment Document / To ol:Sharepoint issue Tracking
Percent Complete:100%
* This is dependent up on the n umber of iterations defined in the project Statement of Work F.4.b
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-Document gap's or exceptions that need to be addressed during future tasks (mapping

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Respon sibi lity Matrix
The followin g matrix d etails responsibilities of the various project roles for the tasks that are involved with th e data co nversion process.

RACI D efinition
·R = Respons ible This i s the role that will be responsible for the completing the task ·A = Accountable This is the role that is responsible for delegation, verifying completeness, and/or quality of the task
·C = Consulted Thi s is a role that is consulted with questions and looked to for key decisions (typically two-way communication)
·I = Informed This is a role that is inf ormed of status and progress of tasks (ty pically one- way communication)
Roles Definitions
·Accela PM The Accela Project Manager responsible for delivery of the project ·Accela TL The Accela Technica l Lead respo nsib le for all conversions ·Accela TC The Accela Technica l Consultant responsible for this conversion deliverable ·Agency PM The Agency Project Manager responsible for the Agency aspects of project de livery
·Agency SME The Agency subject matter expert for the data source being converted RACI Matrix
Phase Task Accela PM Accela TL Accela TC Agency PM Agency SME Project
Initiation Complete Questionnaire I C C A R
Provide Delivera ble Expectation
Documents I A*R C C
To-Be
Analysis
Provide Data Sources in
Ac ceptable Formats I I C A R
Complete Data Conversion
Analysis I C A/R I C
Initiate Data Cleaning Efforts I I C A R
So lution
Fo unda tion Draft Daft Map I C A/R I R
Develop Pro totype Conversio n I C A/R I C
Execute Prototype Conversio n I C A/R I C
Review Prototype Data I I C A R
Build Complete Final Data Map I A*R I C
Review and Sign Off Data Map I A*C R C
Build and Unit Test final Data
Conversion Program I C A/R I I
Execute data conversion cyc le 1
(refresh source data and execute
into test environment)I C A/R I C
Validate converted data (cycle 1)I C R A R
Resolve data conversion defects
(cycle 1)I C A/R I R
Execute data conversion cyc le 2
(refresh source data and execute
into test environment)I C A/R I C
Validate converted data (cycle 2)I C R A R
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Readiness
Resolve data conversion defects
(cycle 2)I C A/R I R
Execute data conversion cyc le 3
(refresh source data and execute
into test environment)I C A/R I C
Validate converted data I C R A R
Resolve data conversion defects I C A/R I R
Package complete conversion
pro gram I A*R I I
Deploy
Execute conversion to Productio n
environme nt I A*R I I
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St atement of Work
Project D eliverable Overview
SLS features the utilization of the Accela Civic Apps when available.

Accela, over th e last de ca de has developed a li brary of bu siness process for co mmunity developmen t,licensing, enforcement,an d o th er typi ca l go vernment business processes. This li brary has a few hu ndred specific processes that provide wo rking mo dels for t he Accela Civic Platform. These are pre-developed and purpose-built solution s wi ll provide th e team with th e basic functi on ality and all ow the project team to focus on performing gap analysis and more ta rgeted development.

This assumes th at each record
A general rule of thumb is that the Accela Civic App will p ro vide abou t 70 to 80 percent o f t hedesired functionality.

As with all aspects of the Accela Platform,there exi s ts an unlimited nu mber of modificat io ns an d enh ancements that can beperformed.For fixed price projects, SLS never describes unli mited services. The scope inclu ded for each deliverable assumes that together the Agency an d the SLS team will identify priori ty modifications necessary for initial depl oyment that can be addressed within the gi ven scope of the project.

We encourage Agenci es to take ad vantage o f thi s initial implementation project to identify all potenti al modifications an d create a future enhancement list that can be ad dresses in th e future.Pa rt o f t he scop e of th e co nfiguration deliverables is to coach and teach the agency SMEs ho w to beco me self -sufficient and co ntinue to make modifications after the initial project completes.

In the list Accela Civic Apps
specific indu stry experience, bel ieves th at most or all the business processes needed for the deliverable can be provided using the Accela Civic Ap p li brar y. Furt hermore, if th e agency has a unique business process that is not in the library,the project team wi ll select a business process that is mo st similar as a basis.

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type may require some small adjustments to align with the Agency's unique needs . of deliverables provided, look for "featuring ". This indicates that our team, based on

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Required Deliverables
Deliverable
Category
SKU Deliv erable Included Ag ency Sp ec ific
Description
General De scription
Project
Delive ry 01.PD.100
Project
Managemen t
(for Required
Se rvi ces)
Req
PM effort for this project's
required services is
estimated at 12%.This
includes an ex perienced
Project Manager that is
assigned to the project.

Project Mana gement is a critical
compo nent of every project.

The PM team oversees and
monitors every aspect of a
project fro m timelines ,
resourcing,and quality of
execution.SLS, unless otherwise
specif ied,executes all projects
using the SLS Scrum
Implementatio n A ppro ach. This
appro ach ensures that the
project leadershi p and t he
project team remain engage d in
the project and it's activities.

This has in impact on the
amount of traditional PM effort
that is required. Large Projects
should esti mate 15% of the
Project to be PM, Medi um
projects should f actor 10% and
Small projects can reduc e PM
time to 8% of the to tal project
cost.

Project
Delive ry 01.PD.110
Scrum
Methodology:

Da ily
Standups
(for Required
Se rvi ces)
Req
Standard Spri nt Meeti ngs
for the Required Services
is estimated as 10 Spri nts.

An accelerated pro ject
can help to save time as it
reduces the nu mber of
sprints.

Sc rum and Agile impleme ntation
methodo lo gy places an empha sis
on team engageme nt. An
impo rtant project feature is the
"Daily Standup".As the na me
suggest s, t his is a daily (o r nea r
da ily for smaller projects)
meeting w here the members of
the agile team meet for a brief
15 min ute meeti ng.This is a
forum that allows project
leadership and team membe rs
the opportunity to bri ng into
focus the work that is ongoing or
about to start and to quickly
identif y project impediments
and resolutions. Large pro jects
will require several SLS team
members in attendance 4 or 5
da ys a week. Medium sized
projects should meet 3 or 4
times a week with 2 or 3 SLS
team members in attendance at
all times, and smaller projects
can be scaled as appro pria te
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Project
Delive ry 01.PD.120
Scrum
Methodology:

Da ily
Standups
Req
This project is factored at
3 days per week for an
average of 3 SLS
attendees for the
estimated 10 Spri nts.

Sc rum and Agile impleme ntation
methodo lo gy places an empha sis
on team engageme nt. An
impo rtant project feature is the
"Daily Standup".As the na me
suggest s, t his is a daily (o r nea r
da ily for smaller projects)
meeting w here the members of
the agile team meet for a brief
15 min ute meeti ng.This is a
forum that allows project
leadership and team membe rs
the opportunity to bri ng into
focus the work that is ongoing o r
about to start and to quickly
identif y project impediments
and resolutions. Large pro jects
will require several SLS team
members in attendance 4 or 5
da ys a week. Medium sized
projects should meet 3 or 4
times a week with 2 or 3 SLS
team members in attendance at
all times, and smaller projects
can be scaled as appro pria te
Project
Delive ry 01.PD.130 Project
Initiation Req
Project Archives and tools
should be identified by
the Age ncy to ensure t ha t
the Age ncy's pro ject
management , oversight,
and do cumentation needs
are met.

Project initiation is the first
phase in any project life cycle.

It's where the Project
Management team ref ines the
project scope and go als, and
where logistically a plan is
finalized to meet the project
requi rements.During this phase
the Project Mana geme nt team
will develo p the project's control
do cs,resource the project
properly , a nd develop the
project's timeline.Project
Contro l Tools include:Project
Charter, Project Timeli ne,
Project Resourcing, Project
Status Report Template, Trello
Board for Project Backlog. Other
Agency re qui red project controls
should be bro ught to the
attention of the SL S PM team.

Glo bal Project 02.GP.100
Accela Civic
Platform
Enviro nment
Se tu p
Req
The scope of this task
assumes the set up f or
Building/Pe rmitti ng ,
Planni ng , Fire De pt,
Engineer in g, C anna bis ,
Po lice, Housing,and Code
Enforcement. For scoping
pur poses we estimate 1
da y for each mo dule.

Immediately after the Accela
environme nt is pro visioned i n
the clo ud, t he SLS project team
will prepare each Ac cela Civic
Platform Mo dule.This work is
focused on getting t he
environme nt ready for training
and the project team's
engageme nt. The goal for the
SL S team is to ensure t ha t the
ba sic elements of the system are
ready for the project and not
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necessarily to resolve all known
configuration needs.Those will
be focused on later in the
project. The team will focus
primaril y on the Accela
Platform's global setup s uc h a s:
the Super Agency setti ngs ,
ge nera l global module set up,
global ACA, E DMS securit y
po licy, organization, and the
Admi n Sec ur ity Groups. The
effort for this work is based on
the number of modules that will
be included in the project, t he
overall project requirements,
and the onli ne project
expectations
Glo bal Project 02.GP.110 System
Architectu re Req
Identify and pla n for inter-
dept. expectations for
communication, security ,
etc.

The SLS team will work with the
Agency to ens ure that overall
design and appro ach are well
communic ated and un derstood.

System Architecture i nc ludes
needs suc h as inter departme ntal
communic ation,
interdepartmental record
dependencies, module security ,
secure communication between
the Age ncy and t he Accela
Ho sted Clo ud environment and
other IT or Business needs
requi ring a Senior level
consultant to assist in the design
of solutions.Multiple
depa rtme nt and large projects
will require a greater amo unt of
work for System Architecture
compa red to Smaller single-
depa rtme nt im pleme ntations.

Glo bal Project 02.GP.120 Global
Co nfiguratio n Req
It is impo rtant to ensure
that the Age nc y
pa rticipates in Global
Configuratio n ef forts and
is trained i n this work -
thus ensuri ng f ut ure self -
sufficiency.The majority
of this work will be
conducted in wo rk s ho ps
to ensure the Age ncy's
administ rative and S ME
teams are include d in t he
work.

The Accela Civic Platform will be
configured at the Agency leve l
for several system
func tionalities.The SLS team
will work with the Age nc y in
workshops to identify Agency
level defaults for calendars,
logos, security, and SSO.As with
many Accela features, there is a n
endless number o f options and
configuration po ssibilities , so the
SL S team will work with the
Agency project leadershi p to
identif y and prioritize the
features that are most critical to
the project. We focus
significantly on training Age ncy
members on these settings so
that they can become self
sufficient
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Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Bu ild ing
Req
Exact number of record
types is u nknown at this
time.Prior to contra cting,
this can be furt her refined
if helpful. As with all
Ac cela Platform
configuratio n, there is an
unli mited ability to
configure and modif y
solutions. We will utilize
the Accela Civic Apps as a
pre-built solution and
then make adjustme nts
accordingly.This effort
will be augmente d by t he
pa rticipation o f the
Agenc y sta ff and by
incorporating economies
of sca le and re usability. If
additio na l work is
requi red b y the Age ncy
that exceeds this bud get a
change order must be
pro cessed.
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Inspectio ns
Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Planning
Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Fire Dept.

Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Engineering
Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Police
Req
Po lice Dept.scope should
already be included in t he
scope for o ther
depa rtme nts plan review,
cannabis,and
enforcement.
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Ho using
Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Ca nn abis
Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
Co nfig,
Analysis, and
Business
Improvement

03.CA.100
Analysis and
Co nfiguratio n
-Co de
Enfo rcement
Req
The approach will align
with the Bui lding
description a bo ve
featuring Accela Civic Apps
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Co nfig,
Analysis, and
Business
Improvement

03.CA.120 Co nfig Accela
Insights Req standard services
Ac cela Cloud MS Azu re Hosted
Environme nt now offers Power
BI data analytic tools and
da shboardin g features. This
feature is highly customiza ble
and desi gne d f or customers to
be able to create the managerial
views that will hel p d rive
business.SLS will hel p setup the
initial dash bo ard a nd services
that are include d with the MS
Azure Hosted environment
Co nfig,
Analysis, and
Business
Improvement

03.CA.125
Co nfig Accela
Insights
Qu ery and
Da shboard
Assistance
Req
The Age nc y will certainly
be intereste d in c reating
many da shboard widgets.

Far mo re tha n is pro vide d
in the scope of this
deliverable.In fact, we
expect and enco urage end
users to continuosly
develop new widgets t hat
use system i nf ormation
and da ta to improve on
the manageme nt of their
work.Therefore, we take
a workshop approach,
buil d a few example
solutions and f ocus
primaril y on teaching,
trainin g, and me ntoring
end use rs in t his process.

The SLS team can extend the
Ac cela Insights assistance to
include additio na l suppo rt ,
trainin g, a nd dashboard c reation
for the customer.This
da shboard is really designed to
allow individual users to be
empowered to build their own
views and create dashbo ards
that facilitate their busines s.

So metimes,ho wever we all need
a bit of assistance.

Co nfig,
Analysis, and
Business
Improvement

03.CA.130 Notifications Req
The Age nc y will certainly
be intereste d in c reating
many automated
no tifications fo r bo th
internal users and
external customers. Far
mo re than is provided in
the scope of this
deliverable.In fact, we
expect and enco urage end
users to continuosly
develop new notifications
when processes are being
repeated. Therefore, we
take a workshop
approach, build a few
example solutions and
focus primarily o n
teaching, t ra ining, a nd
mentoring end users in
this process.

One of the ma ny stren gths of
the Accela Civic Platform is it's
ability to keep collegues ,
management , and c ustomers
informed usi ng automated
no tific ations. There are several
oppo rtunities to utilize
notifications -Re vision requests ,
receipts, stop work order,
appro vals, per mit , etc.There is
nearly an endless oppo rt unity
for these notifications. SLS will
provide assistanc e to the Agency
to create several Notifications
and to train the Age ncy on how
to be self sufficent with further
creation of these impo rtant
communcations.

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Da ta Migratio n 04.DM.100
Da ta
Migration:

Express
Legacy
Transactio na l
Req
Several depa rt ments will
be included in the
transaction da ta
migration. This scope is
sufficent assuming t hat
the customer can provide
this information in a
single i mpo rt file or data
table.

Note that this express
solution do es require a
reasonable limit to the
specifically mapped da ta.

If more mapping is
necessary the SL S team
can pro vide this o n a n
ho urly basis.

The Express Legacy Transactiona l
migration is t he ideal solution
for mo st Agencies that need to
ha ve their current and archive d
electronic data moved into the
new Accela platform. This is a
budget conscious and
predictable solutio n.The
Express data migra tion wil l
impo rt all customer da ta. The
focus of this strategy is to import
all data so that it is available for
property research.In this
strategy, each record type will
be mappe d fro m the le ga cy
system to the new Ac cela
Platform using a single histo rical
record type.In additio n,the
owner, applicant,addres s, parcel
and u p to 6 other data fields will
be mappe d di rectly.The
remaining da ta will be im ported
into concatenated fields.

Accela
Platform
Enterp rise
So lu tio ns

05.ES.100 Accela GIS
Co nfiguratio n Req standard services
The Accela Civic Platform
provides a native ada pte r that
can consume and utilize an
Agency's GIS information. An
Agency is able to pro vide Accela
with access to multiple GIS
layers and control via security
what users have t his access.

Accela
Platform
Enterp rise
So lu tio ns

05.ES.110
Accela
Address,
Parcel, and
Owner
Reference
Co nfiguratio n
(xAPO)
Req standard services
The Accela Civic Platform
streamlines t he wo rk performed
by an Agency's use rs by ha ving a
Reference collection of the
juris dictions prope rty
informatio n.This reference
collection ca n be used for
va lidation and to ensure that
da ta integrity is ma inta ined. To
impleme nt this feature, t he
Agency must have Ac cela GIS
configured.SLS will configure
the Accela platform to use the
Ac cela GIS property inf ormation
as a reference collection
Accela
Platform
Enterp rise
So lu tio ns

05.ES.120 Accela mo bile Req
Inspectors, enforcement officers,
and o thers that take their jobs
into the field will benefit from
Ac cela's mobile capabilities.

Users can perf orm many tasks
such as inspection resulti ng,
capturing di gital signatures,
taking pictures,and rev iewing
permit and license i nf ormatio n.

The SLS team will conf igure t he
Ac cela Civic Platform to
accomodate mobile device
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usage and then demonstrate to
the Age ncy how to prepa re t heir
mobile devices for usage.

Accela
Platform
Enterp rise
So lu tio ns

05.ES.130
Accela
Do cu ment
Managemen t
Req
The Accela Platform includes a
standard docume nt
management solution. This
na tive solutions provides Accela
Agencys with a solution for
attaching electronic files to
Permits , A pplic ations, and
Licenses. SLS will assist the
Agency i n the simple
configuration requi red to
identif y do cume nt types a nd
do cument groups that the
Ac ency works with.

Online Citizen
Portal 06.CP.100
Accela Citizen
Access
Co nfiguratio n
-Rebran ding
Req
It is expected that the
initial project will focus on
deployment of on line
services for a limited
num ber of permit an d
case types.

Toda y, a strong on line precense
is nearly mandatory for
Agencies. Accela Citizen Access
will give your agency the ability
to increase transparancy, ena ble
citizens to self-serve, and
streamline business by
extendin g the Accela platf orm to
the internet.The portal can be
configured based on Age ncy
security and business nee ds to
offer application submit tal,
inspection re questi ng , do cument
attachment,prope rty research
and more.As the opt ions for
enhancing and mo difying the on
line po rtal is nearly limitless, t his
work will focus on bra ndin g,
simple adjustme nts,enha ncing
pa ge flows as necessary, and
other prioritize d modifications.

We also focus on training so that
Agency's can meet pro ject goals.

Our SL S team will work with the
Agency's mana gement team to
assess the scope and f ocus the
SL S team on critical project
needs with in t his time alloted for
this deliverable.

Online Citizen
Portal 06.CP.110
Accela Citizen
Access
Co nfiguratio n
-Advan ced
Req To be performed at the
discretion o f the Age nc y
In addition to the on li ne portal
rebranding work that should be
perf ormed for all Agencies , the
online portal can be furt her
enhanced to meet Age nc y work
flow, inc rease on line help
options,and o ther ref inement.

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Online Citizen
Portal 06.CP.121
ACA customer
portal
Payme nt
Adap ter
Req The Age nc y current ly uses
Open Ed ge
An online payme nt adapter
extends the Age nc y's customer
po rtal capabilities to include
customer pa yments.This
capability ensures that citizens
are able to pay via credit card
online usi ng a re direct style
merchant account while
maintainin g P MI level security.

Using Accela's construct API
services, the platform can
interface with merchant account
processors in real time.

Reportin g and
Do cumentatio n 07.RD.100
Report
Branding &
Letter
Co ntent
Modifications
Req standard services
SL S team will assist with
rebranding of standard reports
and provide traini ng f or the
Agency to hel p the m become
self-sufficient with Report
develo pment.The pre-pa ckaged
reports that Accela offers can be
replicated by the A gency for
other uses, and they can be
enhanced to add Age ncy specific
informatio n.As the options for
enhancing and mo difying repo rts
is nearly li mitless and
unpredictable,this work will
focus on branding and si mple
adjustme nts.We also focus on
trainin g so that Age ncy's can
meet project go als.Our SLS
team will work with the Age nc y's
management team to assess the
scope and focus the SLS team on
critical pro ject needs within this
time alloted for this delive rable.

Reportin g and
Do cumentatio n 07.RD.120 Report
Development Req Scope is not as solidified
The SLS team can pro vide
professional assistance with the
develo pment o f custom reports.

The SLS team can pro vide help
with the ma na gement of report
develo pment , p rioritization,
specif ication development,
report development,sql and
schema assistance,further
trainin g, complex iss ue
resolution, and other tasks
associated with repo rt
develo pment.
3rd Party
Enterp rise
So lu tio ns

08.3P.105
Micro soft
Outlook
Exchange
Se rver
Req standard services
The Accela Platform has the
ability to be conf igure d to
interact with an A genc y's
exchange environment for the
receipt and delivery of email.

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3rd Party
Enterp rise
So lu tio ns

08.3P.110 Interface -
financia l Req
End of Day Batch Report
for payment pro cessing.

The SLS team will develo p
an extract from the Accela
platform in a comma
delimite d f ormat that can
then be used by the
Agency to import into the
financ ia l system.

The Accela Platform is able to be
integrated wit h ma ny industry
leading Financ ial Syste ms. For
more information please contact
yo ur Accela representative. As
with any inte rf ace,the specific
needs and expectations for the
da ta import/export will be
reviewed and agreed to prior to
deliverable comme nc ement
Training 09.TR.110
Training -
Project
Readiness
Req standard services
At the onset of the pro ject, t he
SL S team will work with the
Agency to ens ure that the key
project team membe rs are ready
and pre pared f or the p ro ject.

During the Pro ject Initiation the
project leadershi p will assess the
Agency team's rea diness and
identif y key areas where the
team will need to be coached.

This traini ng ty pically focuses on
system platform access, project
impleme ntation metho do logies
for Agile, p ro ject tools that will
be utilize d, a nd any othe r a reas
identif ied by the team
Training 09.TR.120 Training -En d
User Req standard services
SL S will provide a standa rd
course for the Age nc y's project
team on basic End User traini ng.

This is a workshop style course
that requi res each member of
the course to have a computer
so that they can actively follow
along and experie nc e the syste m
while the i nstr uc to r trains.This
course is designed to teach
students how to navigate the
system and ho w to perform
ba sic system opera tions
includi ng record applic ation,
workflow processing, da ta
collection, report executio n, f ee
assessment,fee payme nts, and
other system capabilities as time
permits.Every cla ss moves at a
different pace depending on the
num ber of students and t heir
ge nera l capabilities and skills.

Training 09.TR.130 Training -
Admin istrator Req standard services
SL S will provide a standa rd
course for the Age nc y's techn ical
suppo rt staff on basic
Admi nistrator training.This is a
workshop style course that
requi res each member of the
course to have a computer so
that they can actively follo w
along and experie nc e the syste m
while the i nstr uc to r trains.This
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course is designed to teach
students how to navigate the
administ ra tive system and ho w
to perform basic administrative
operations includi ng new record
type creation,fee schedule
modifications, custom da ta field
modifications, and other syste m
capabilities as time per mits.

Every class moves at a different
pa ce depending on the number
of students and t heir general
capabilities and skills.

Training 09.TR.140 Training -
Technica l Req standard services
SL S o ffers several standard
courses / curriculu ms f or Report
Development , Scripti ng a nd
Business Automation,Interface
creation, Ad hoc report
develo pment , etc.

Go Live and
Prepatory
wo rk for
Production
Deployment

10.GL.100
User
Acceptance
Testing
Req
User Acceptance Testing (UAT) i s
an important ste p in t he project
where the Agency has the
oppo rtunity to conduc t full end-
to-end testing on t he f inal
solutio n.UAT is primaril y the
responsibi lity of the Age nc y.SLS
will provide assistanc e to the
Agency duri ng t his dedicated
Spri nt. This suppo rt will include
activities such as: test script
develo pment , test plan
develo pment , testi ng a ssistance,
issue resolution,oversight and
additio na l suppo rt and training.

The SLS team will work with the
Agency's management team to
assess the scope and f ocus the
SL S team on critical project
needs with in t his time alloted for
this deliverable.

Go Live and
Prepatory
wo rk for
Production
Deployment

10.GL.150 Go -Live
Su pport Req
An im portant and critical a ctivity
for every project is the pro cess
of production deployment.The
SL S team will provide support
such as: oversight and
management , iss ue triage and
resolution, end use r assistance,
ad hoc training,and any other
immediate needs as identified by
project leadershi p.

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Optional Deliverables
Deliverable
Category
SKU Deliverable Included Agency Specific
Description
General De scription
Project
Delive ry 01.PD.101
Project
Managemen t
(for Option al
Services)
Opt
PM ef fort for this project's
optional services is
estimated at 10%.This
includes an ex perienced
Project Mana ger that is
assigned to the pro ject.

Project Mana gement is a critical
compo nent of every project.The
PM team o versees and monitors
every aspect of a pro ject fro m
timelines , resourcing, a nd quality
of execution.SLS, unless
otherwise specified, executes all
projects using the SLS Scru m
Implementation Approach. This
appro ach ensures that the
project leadershi p and t he
project team remain engage d in
the project and it's activities.

This has in impact on the amount
of traditional PM effort that is
requi red. Large Projects should
estimate 15%of the Project to be
PM, Medi um pro jects should
factor 10% and Small projects can
reduce PM time to 8% of the
total project cost.

Project
Delive ry 01.PD.111
Scrum
Methodology:

Sp rint
Planning,
Review,and
Retrospective
(for Option al
Services)
Opt
Standard Spri nt Meeti ngs
for the Optional Services is
estimated as 1 Sprints.An
accelerated project can
help to save time as it
reduces the nu mber of
sprints.

Sc rum and Agile impleme ntation
methodo lo gy increases the
engageme nt of both the
impleme ntation team and t he
customer. This is inte ntional. As
engageme nt increases, many
impo rtant measurements of
success increase as well.

Knowledge t ra nsfer, training,
transparency, product accuracy,
customer confidence, go live
readiness are all measurably
improved. Standard Spri nt
Approach requires that each
Project Sprint will re qui re 1 S print
Planni ng (2 hours ), Review (2
ho urs) and Retrospective (1 hour )
Meetings as standard
Project
Delive ry 01.PD.121
Scrum
Methodology:

Da ily
Standups
(for Option al
Services)
Opt
This project is factored at 3
da ys per week for an
average of 3 SLS attendees
for the estimated 1 Sprints.

Sc rum and Agile impleme ntation
methodo lo gy places an empha sis
on team engageme nt. An
impo rtant project feature is the
"Daily Standup".As the na me
suggest s, t his is a daily (o r nea r
da ily for smaller projects)
meeting w here the members of
the agile team meet for a brief 15
minute meetin g.This is a forum
that allows project leadership
and team members t he
oppo rtunity to brin g i nto focus
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the work tha t is ongoing or about
to start and to quickly identify
project impe dime nts and
resolutions. Large projects will
requi re several SLS team
members in attendance 4 or 5
da ys a week. Medium sized
projects should meet 3 or 4 times
a week with 2 or 3 SLS team
members in attendance at all
times, and sma ller projects can
be scaled as appro pria te
Co nfig,
Analysis, and
Business
Improvement

03.CA.150
Business
Process
Improvement
Opt
The SLS team has
significant implementation
and industry experie nc e
that may be be nef icial to
the Age ncy when pro cess
changes and e nhanc eme nts
are identif ied.

In general, a n Ac cela project
makes an assumpt ion that the
Agency s ubjec t matter ex perts
(SMEs) understand their business
processes and if there are
adjustme nts bei ng made to the
process.SLS recognizes that an
impleme ntation project is an
oppo rtune ti me for Agencies to
make busi ness process
modifications. We respectfully
request t hat our Agenc y S MEs
arrive at workshops with business
requi rements a nd expectations
already prepared. But, if you
need hel p with this, SL S can
leverage our si gnif icant industry
expertise and help the Age nc y to
make these impro vents.

Da ta
Migration 04.DM.120
Da ta
Migration:

Electronic
Do cuments
Opt
standard services -This can
bring in ANY electronic file
and a ttach to a permit.

This is the migratio n o f the
electronic documents that are
attached to the historical permits
and lic enses.

Da ta
Migration 04.DM.150
Da ta
Migration:

Co nversion
Assistance
Opt
The SLS team can assist
with data cleansing,
consulting on t he
preparation o f
legacy/source data,and
Mappi ng o f fields from the legacy
system to the Accela platform is
the responsibility of the agency's
Data mapping team.It is also the
responsibi lity of the Age nc y to
perf orm any data scrubbin g, data
consolidation, da ta type
modification,or any other data
preparation.It is often beneficial
to have the SLS team a ug ment
this team and assist in t he
mappi ng a nd data pre pa ra tion.

Accela
Platform
Enterp rise
So lu tio ns

05.ES.150
Advanced
Business
Automatio n
& Scrip ting
Opt
The Accela Platform offers a
business automation and
scripting engine t hat can be use d
to make nearly unlimite d
enhancements to the standa rd
configuration.These
enhancements allo w Agencies to
automate Business needs for
va lidation, streamlining b usiness
processes, and many other
complex tasks. The SLS team will
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work with the Age nc y's
management team to assess the
scope and focus the SLS team on
critical pro ject needs within this
time alloted for this delive rable.

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Required Services Costs
Deliverable
Category
SKU Deliverable Included Hourly
Rate
Unit # of
Units
Cost
Project
Delive ry 01.PD.100 Project Management (for
Required Services)Req $175.00 12%135 $23,625.00
Project
Delive ry 01.PD.110
Scrum Methodology: Sprint
Planning, Review,an d
Retrospective (for Required
Se rvi ces)
Req $175.00 Ho urs 22.5 $3,937.50
Project
Delive ry 01.PD.120 Scrum Methodology: Daily
Standups (for Required Se rvices)Req $175.00 Ho urs 22.5 $3,937.50 Project
Delive ry 01.PD.130 Project Initiation Req $75.00 Ho urs 32 $5,600.00 Glo bal Project 02.GP.100 Accela Civic Platform
Enviro nment Setu p Req $175.00 Ho urs 48 $8,400.00
Glo bal Project 02.GP.110 System Archite ctu re Req $175.00 Ho urs 16 $2,800.00 Glo bal Project 02.GP.120 Global Configu ration Req $175.00 Ho urs 20 $3,500.00 Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Bu ild ing Req $175.00 Ho urs 60 $10,500.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Inspections Req $175.00 Ho urs 24 $4,200.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Planning Req $175.00 Ho urs 48 $8,400.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -Fire
Dept.Req $175.00 Ho urs 32 $5,600.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Engineering Req $175.00 Ho urs 32 $5,600.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Police Req $175.00 Ho urs 0 $0.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Ho using Req $175.00 Ho urs 40 $7,000.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Ca nnabis Req $175.00 Ho urs 32 $5,600.00
Co nfig,
Analysis, and
Business
Improvement

03.CA.100 Analysis and Con figu ratio n -
Co de Enforcement Req $175.00 Ho urs 32 $5,600.00
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Co nfig,
Analysis, and
Business
Improvement

03.CA.120 Co nfig Accela Insigh ts Req $175.00 Ho urs 8 $1,400.00 Co nfig,
Analysis, and
Business
Improvement

03.CA.125 Co nfig Accela Insigh ts Query
and Dashboard Assistance Req $175.00 Ho urs 16 $2,800.00 Co nfig,
Analysis, and
Business
Improvement

03.CA.130 Notifications Req $175.00 Ho urs 16 $2,800.00 Da ta Migratio n 04.DM.100 Da ta Migratio n:Express Legacy Transactio na l Req $175.00 Ho urs 100 $17,500.00
Accela
Platform
Enterp rise
So lu tio ns

05.ES.100 Accela GIS Configuration Req $175.00 Ho urs 40 $7,000.00 Accela
Platform
Enterp rise
So lu tio ns

05.ES.110
Accela Address, Parcel, and
Owner Reference Configu ra tion
(xAPO)
Req $175.00 Ho urs 8 $1,400.00
Accela
Platform
Enterp rise
So lu tio ns

05.ES.120 Accela mo bile Req $175.00 Ho urs 8 $1,400.00 Accela
Platform
Enterp rise
So lu tio ns

05.ES.130 Accela Document Management Req $175.00 Ho urs 8 $1,400.00 Online Citizen
Portal 06.CP.100 Accela Citizen Access
Co nfiguratio n -Rebran ding Req $175.00 Ho urs 40 $7,000.00 Online Citizen
Portal 06.CP.110 Accela Citizen Access
Co nfiguratio n -Advan ce d Req $175.00 Ho urs 40 $7,000.00 Online Citizen
Portal 06.CP.121 ACA customer portal Payment
Adap ter Req $10,600.00 Fixed 70 $10,600.00
Reportin g and
Do cumentatio n 07.RD.100 Report Branding & Letter
Co ntent Modificatio ns Req $175.00 Ho urs 40 $7,000.00 Reportin g and
Do cumentatio n 07.RD.120 Report Develo pment Req $175.00 Ho urs 100 $17,500.00 3rd Party
Enterp rise
So lu tio ns

08.3P.105 Micro soft Outlook Excha nge
Se rver Req $175.00 Ho urs 6 $1,050.00
3rd Party
Enterp rise
So lu tio ns

08.3P.110 Interface -financial Req $175.00 Ho urs 24 $4,200.00 3rd Party
Enterp rise
So lu tio ns

08.3P.111 Interface -Do cusign n/a $175.00 Fixed 0 $0.00 Training 09.TR.110 Training -Project Read iness Req $175.00 Ho urs 12 $2,100.00 Training 09.TR.120 Training -En d User Req $175.00 Ho urs 16 $2,800.00 Training 09.TR.130 Training -Ad min istra to r Req $175.00 Ho urs 16 $2,800.00 Training 09.TR.140 Training -Te ch nica l Req $175.00 Ho urs 16 $2,800.00 F.4.b
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Go Live and
Prepatory
wo rk for
Production
Deployment

10.GL.100 User Acceptance Testing Req $175.00 Ho urs 120 $21,000.00 Go Live and
Prepatory
wo rk for
Production
Deployment

10.GL.150 Go -Live Support Req $175.00 Ho urs 120 $21,000.00 Total $246,850.00
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Optional Services Costs
Deliverable
Category
SKU Deliv erable Included Ho urly
Rate
Unit # of
Units
Cost
Project Deliver y 01.PD.101 Project Manag ement (for Optional Services)Opt $175.00 10%22 $3,850.00
Project Deliver y 01.PD.111
Scrum Methodology:Sp rint
Planning, Review,and
Retrospective (for Optional
Services)
Opt $175.00 Ho urs 2.25 $393.75
Project Deliver y 01.PD.121 Scrum Methodology: Da ily
Standups (for Optional Services)Opt $175.00 Ho urs 2.25 $393.75 Co nfig, Analysis,
and Business
Improvement

03.CA.150 Business Pro cess Improvement Opt $175.00 Ho urs 60 $10,500.00 Da ta Migratio n 04.DM.120 Da ta Migratio n:Electro nic Do cuments Opt $175.00 Ho urs 60 $10,500.00
Da ta Migratio n 04.DM.150 Da ta Migratio n:Conversion
Assistance Opt $175.00 Ho urs 20 $3,500.00
Accela Platform
Enterp rise
So lu tio ns

05.ES.150 Advanced Bu siness Automation &
Scr ip tin g Opt $175.00 Ho urs 80 $14,000.00
Total $43,137.50
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Optional Licensing Costs
Velosimo Connector for Accela Civic Platform Laserfiche Item Year Start Date End Date
Term
(months)Price Quantity Net Total
Velosimo e-PlanSo ft /
Ac cela Adapter 1 1/1/2022 12/31/2022 12 $7,420.00 1 $7,420.00 Velosimo e-PlanSo ft /
Ac cela Adapter 2 1/1/2023 12/31/2023 12 $7,642.60 1 $7,642.60 Velosimo e-PlanSo ft /
Ac cela Adapter 3 1/1/2024 12/31/2024 12 $7,871.88 1 $7,871.88 Velosimo e-PlanSo ft /
Ac cela Adapter 4 1/1/2025 12/31/2025 12 $8,108.03 1 $8,108.03 Velosimo e-PlanSo ft /
Ac cela Adapter 5 1/1/2026 12/31/2026 12 $8,351.28 1 $8,351.28 *** Velosimo licensing is not curre ntly available us ing NASPO.We can discuss alternative options.

SLS On going Services Support [optional]
Item Year Start Date End Date
Term
(months)Price Quantity Net Total
SLS Services Program
(16 hours per mo nth)1 1/1/2023 12/31/2023 12 $180.00 192 $34,560.00 SLS Services Program
(16 hours per mo nth)2 1/2/2024 12/31/2024 12 $185.40 192 $35,596.80 SLS Services Program
(16 hours per mo nth)3 1/3/2025 12/31/2025 12 $190.96 192 $36,664.70 SLS Services Program
(16 hours per mo nth)4 1/1/2023 12/31/2026 12 $196.69 192 $37,764.65 SLS Services Program
(16 hours per mo nth)5 1/2/2024 12/31/2027 12 $202.59 192 $38,897.58 Travel
Due to th e currenthealth and safety challenges rel at ed to th e Covid -19 Pandemic,we are not p ro vidi ng on site services. Should the health and safety co ncerns,travel restricti on s, and comfort of our collaborative teams ch ange during th e proje ct we are happy to di scuss the inclusion of travel in to th e project which will require a purchase order.

We are successfully conducting bu siness using vi rtual meeting ro oms to da y!In fa ct, this is no th ing n ew to SLS or our industry. Over the last two years we have condu cted 100% of our work remotely, and historical ly we have performed at least 80% of our work remotely. Our projects co ntin ue to th rive an d experience fa ntastic results for team engagement,knowledge exchange, successful product d evelopment,and constructive communicat io n.

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Signature and Acceptance
Carahsoft Techn ology Corporation City of Hollister, CA By:_____________________________ By:_____________________________

Print Print
Name: __________________________ Name: __________________________ Title:___________________________ Title:___________________________ Da te: ___________________________ Da te: ___________________________

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References

City of Down ey, California
Aldo E.Schindler Dep ut y City Mgr / Commu ni ty Dev
Email: aschind [email protected] rg
or
Alvin Lam -IT Department Manager
Email: [email protected]
11111 Brookshire Avenue
Downey,CA 90241
Ph one 562.904.7266
Project Description :Accela Civic Pla tform Implementation.Th is was an enterprise project for Building, Planning, Enforcement,Engineering, Fire,an d Zoning departments. Th is project included data con version, financial in terfacing, mercha nt accoun t,an d o ther various configuration needs.This project wa s co mpleted in 9 months way ahead of the original 1-year project estimated timeline. The SLS team continues to provide ongoing maintenance and support for th is cu stomer. Popu la tion: 113,267 105 Agen cy Employees
Original Project E stimated at ap proximately $250K
Today, Maintenance and Sup po rt bu dget is approximately $70K Went live 2 011
City of Lan ca ster CA
Joe Haggard Senior IT Manager
44933 Fern Avenue
La ncaster,CA 93534
Ph one 661.723.6060
Email:jhagga [email protected]
Project Description :Th is implementation of the Accela Civic Pl atform was for th e Community Development Dep artment. Li censing (Cannabis an d Business) and p ermitting mo du les developed with Customer Request platform. SLS pro vided the primary s ervices l ead responsible fo r d esign,analysis,and implementation services.

Po pulation:160,106
127 Agency Employees
Original Project E stimated at ap proximately $190K
Today, Maintenance and Sup po rt bu dget is approximately $75K Went live 2015
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ancaster ca
J-} fOJ"tw c/u.r
Portals . SLS has become the preferred vendor for support, maintenance, and expansion of this agency's current

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City of Tempe,Arizon a
Gary Tasky Ta x &Li cense Manager
31 E 5th St
Tempe, AZ 85281
Ph one 480.350.8685
Email: ga [email protected]
Project Description :Accela Civic Platform Implementation in th e Cloud using a current version V21. This was a Business Li cense focused solution with on line services.Th e SLS team con tinu es to provide on goin g maintenance and su pp ort for th is customer. Popu la tion: 180,587 172 Agency Employees estimate
Original Project E stimated at ap proximately $124,950
Today, Maintenance and Sup po rt bu dget is approximately $21K Went live 2021
Select SLS Customers / P rojects
The SLS team has either provided key ro les or been th e primary consul tant for the following projects:

Adams County, CO Eastvale,CA Pim a County,AZ
Arapahoe County, CO Fort Collins,CO Rancho Cucamon ga, CA Aurora,CO Fresn o,CA Salt Lake City, UT
Bost on Health Herm osa Bea ch , CA San Diego County, CA Boulder County, CO Hillsb oro,OR San Dimas,CA
Boulder, CO King C ounty, WA San Francis co, CA
Brookhaven, NY Lancaster, CA Santa Barbara, CA
Caldwell,ID Larim er County,CO Santa Clarita, CA
Californ ia State Lincoln, NE South El Monte, CA
Chula Vista, CA Lone Tree,CO South Metro Fire Rescue, CO Cincin nati, OH Longmont, CO Surpr ise, AZ
City of Chandler, AZ Miam i Beach, FL Tempe,AZ
City of Perris,CA Miam i D ade,FL Toledo, OH
Cobb County,GA Michigan State Torrance,CA
Concor d,CA Menifee, CA Ventura County,CA
Cowlitz County, WA Mohave County, AZ Vi rginia Beach, VA Culver City, CA New Mexico State Vi rginia State
Dayton,OH Oklah om a C ity, OK Weld County, CO
Denver City and County, CO Oregon State Winter Park,CO
Downey, CA Peor ia, AZ Tempe,AZ
Virginia State ABC
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Appendix A: Maintenance and S upport Program
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Sih:cr Lining Solutions LLC
SLS
'-,jhl 'l l .11111 µ;Sol11t1c,r1s IJ .{'
for Professional Services and Maintenance
Support Package Options
SLA that meets the Agency's Expectations
Product Govern,mce
Enterprise So l utions and Architectural Services
Experienced Support Team
Project Leadersh ip
Silver Lining Sol tions LLC. contact: [email protected]
ustomers atter
"Silver Lining Solutions LLC is
the best Acceta partner we
could have chosen . Their work
is always top notch , and they
always find a way to make
even the strangest requests
happen . I recommend Silver
Lining Solutions to any
organization looking for an
Accela partner."
-Timika Hite, IT Manager
720.789.1122

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Sih-~r l .1ui1 ~ Solui1to11s I .Ll '
SLSServices and Maintenance Program
Key Offerings
Silver Uning Solutions is one of Accela's orig;nal certified Partners with over 12 years of platform experience .

We ofter support and solutions that are unmatched by any other Acee/a partner. Our team ron provide platform support for everything including system setup, 3rd party interfacing, report writing, analysis , configuration, scripting, project management, digitiwtian , etc. These offerings are included in any padmge selected !
Issue and Defect Management
A key expectation forongoilg support is a reliable
an cl experierced team that can acid re5,;:
• Triage
• Prioritization
• Research and categorization
• Config / A utamation Resolution
• System Pfattorm Detect Management
St.Soffers a ream that can address all aspects aJ;ssueand defer:! management ensuring you ha~ peace of mind.

Data Migration
Enrerp rise lmplementatioRS may experience post-
production data conversion ne eels.
• Identification ofnewdata to import
Additional data cleansing
Newdata relationshiprequiremffits
sis has been immersed in the dam conve1,ion ream,
undersrands the roo/s available., and can exrend dam
mlgrotion needs beyond the tool's ropabf/ities.

Small Project Execution
As the A,gency contirnes to grow ancl aclopt new
business rules and pol icies,small, focu5ed projects
will likely be initiated to me et new busiress
needs.

The Sl.S ream hos a team with robusr expefience and
skillsets that will ensure that these projera are su=sful.

This services and mainre.nance program ;s designed ta
etmly aca,mrnodate these needs within the scope of the
offering.

Busine~ Alla!ysis
Ove rthe life ofa sy.tem, an Agency will
experience the needto atld, modify, enhance, and
purge business processes.
sis platform experts can 111/ce the lead in identi[yingnew business requirements, aligning these requirements with platform ropobilities and stnngths, and th en implemenmg thecrmfigurotian and businessaurorrmim requiredro
meet the objectives.

Produc,t Governance
Successtu managemenl:ofenterprise platfonns
demand a rigoroU5 and we I-defined process_
• Upgrade policyandplan
• Prioritization and prooessfor modi'lcatims
• Testing and QA process
EnvironmentSync:hronization
SLS envisions a partnership with the Agency to de11elop and impJemen ta produa govemMce stro-regy thor ensures
pforform stability and predi.ctahilfty.
& System Architecture and Design
~ Continued grONth with the Accela pli!tform wil I
require the careful planring of new system and
server demands.

HavingrheSLS teomca/Jaborore with me Agency
leadership ream will produce posirM> impacts for system rontinuity whife reducingthe risks for new project
rollisions..

Silver Lining Solutions LlC. oontact: [email protected] 720.789.1122

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SLS
.~ih-<r l ,i111n_g-S ol 11ti01t.s Ll ,'
SLS Serv iices and Maintenance Program
Ex te n ded Offerings
Sifver Lining Solutions is committed to ensuring that the services and support provided to the Agency meets and exceeds expectations. To do this, we offer many extended services that can make a tremendous difference.

Here are some examples of extended offerings that are likely to be useful F,urthermore, ff the Agency identifies any p/atf arm issues or enhancement needs, the SIS team is yourpartner and eager to help.

Medium and Large Project Execution
Adding new b usi11ess fun::tions, sign if ant
overhauls of the system. and e11entheaddilloo of
new agericieswill reqlire more dedicated
resources and plannirg.

The SI.Steam has rob11stexperienceand skill9et5 rhatwr11 ensure that these projects are sucressful. This servires and maintenanre progrom is designed to easily accommodate
these needs within thesropeaftheojfering.
~ Project Governance V Stak"eholdersand Agency teader3t!ip demand accountability arid oversight to ensure that critical
imti.ni11es are properly executed.

SLS participation in the govemance process can help
facilitate tile distribution of p/atfo,m capatilities,
reasonable project expecr.ations, a~ assist with resaurcing and other paten rial risks.

Trer 1 & 2 overflow Assistance
It i.s ideal to have the Agency handle Tier 1 arid 2.
.support needs. Thoughthese support needs are
often straightforward and s.imple, the line
be~enthi.stype ofsupponcari often be
blurred.

TheSlS team stands ready ro help wilh issues regardless of whether they are deemed Tier 1, 2, 3, or higher! Noone
wamsto debare issue criticality orownership when they
.simply need help.

Silv er Lin ing Sol t ions !..LC. cont act: [email protected] 720.789.1122

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SLS
Software Sl.lpp ort Services
Service Le vel Agree m ent
SLS
Sih:cr Lini ng S o lutio n s LLC
Sil ve r Li ning Solutions, LLC ('The Company") agre es t o provide software su pport services t o Th e Agency ("The Client") w ith respect to The Clie nt 's on -p r em ises Acee la Civic Platform, Ve los im o, and e-PlanSoft so lu1:ion during ea ch ca len dar.

Up dates/Notice
This Serv ice Le v el Agreeme n t m ay be ame n ded by The Company, in its discret ion, but on ly after providing t hirty (30) day notice . Notices will be sufficient if provided t o a user design ated as an ad min istra t or o f yo u r account by email to t he r egistered email ad dress provided for t he adm inistra tor(s) for Th e Cli ent's account.

This Service Le v el Agreeme n t ca n not !Je amended or modified without a written signatu r e on paper by bot h parties agree ing to t he change. Not ice s w ill be sen t by Certified mafl, Re t urn Rece ipt Re qu ested , postage prepaid and will !Je deem ed rece ived t h ree (3) days afte r the date of deposit in t he US m ai l.

SLA Ex cl usio n of development, and te st environments Sandbox, Deve lop me nt , Test, and other n on-prod uct ion env iro nments ar e expr ess ly exclud ed from t h is or any othe r service leve l co mm itment.

Ser vi ce Supp ort Lev els
1st level Sup port:

Fi rst Leve l Support will be administe red by Th e Client. Primary Use r contact and .in teraction will be facilitated by Th e Clie nt's support St aff. If The Client's Fi rst Level Support staff ar e unab le to r es o lve the iss ue, t heywill engage The d ient Se cond Le ve lSu pport st aff.

2.nd Leve I Support:

Seco nd Level Su ppo rt wnl be administered and fa ci litated by The Client's Second Leve l Su pport staff . Second Leve l su pport staff will h ave a gr ea t er u ndersta nd ing of t he so f ti.va r e and bus in ess processes t o enab le issu e r esolurt:ion . Second Level Support staff w ill be able to e ngage Th e Company's Support Staff, On line Self Support, and in cid e nt hand li ng m echan is ms when issue root -caus e or reso lut io n ca nnot be provided by The Cl ien t's support staff.
3,d Leve l Support:

The Co mpany will prov ide Third Leve l Support services. A.II issues wrll be r eported v ia The Comp any's Onlin e Self Support system . The Co m pany will wo r k to resolve is sues accord ing to t he I ncident Han dling and Ti cke t Triage processes defin ed below. At t imes, The Company may need to involve software v endor su pport leve r aging The d ien t's ex isting software su pport or warranties. In such case.s, Th e Co m pa n y w ill act as the lead for all Ti cke t t r iage an d reso l ut ion wor king with vendors assign ed by The d ient as req uested by The Company su pport staff.

Sitver Lining Solutions I..LC. oon t act: [email protected] 720,789.1122

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Support H ours
carahsoft .

SLS
Software Support Services
Service Level1 Agreement cont.

SLS
Sih:cr Lini ng S o luti o n s LLC
Cl ie nt support is avanable M on day-Friday's from 7am -6pm Loca l Age ncy Ti m e, excluding t he followi ng ho lidays:
o New Year's Day,
Was hington's Birt hday,
Juneteenth,
Labor Day,
o Vete rans Day,
o Christ m as Day t hrough New Year's Day.

Martin Luth er King Jr. Day,
Memorial Day,
In dependence Da y,
Col u mbus Day,
Thanksgiving Day and Day After,
Live-Production Incident H andling -Standard Support
The fol lowing incident hand li ng and t ime f rames are applicab le t o live-product ion environme nts o n ly. The Cli en t w ill designate person nel who wfl l interface with The Company's Cl ien t Support Staff.

1. Onl ine Self Support: The Company will p rovide to The Cl'ient at no expe ns e an On line Self Support Site w here The Clien t may r esearch issues and questions, repo rt maint enance in cide nts an d r eceive information regarding Ge neralSyste m Su pport Notices.

2. Incident Handling: The Company will prov ide an inci de nt hand ling mechanis m for The Clie nt maintenance r eq u ests . Th e incident h and llng process w ill include t he following:
a. Access to t he online ticketing sys t em.
b. All suppo rt t ickets an d bu g reports will be recorded in t he t icketing syste m. c. The Company will only respond to incid e nts reported via th e on li ne t icketing system . d. Th e Cl ient will receive an e-m a11 w it h the ass igne d t ick et nu mber. e. Priority and Severity w il l be dete rmined by t he problem based u pon the de finit ions below.

3. Ticket Tri age: Ticket Triage defines t he priority assigned to a specif ic su p po rt r equ es t wh ich the re for e se ts t he order, t iming, and leve l of effort in resolving a case:

Sftv er Li ning So lut ions LLC. co nt act : e ric @St.Sg ov .com 720'789 .112 2

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5eWrity
Le ve.ll -
Critical
Le vel 2 -
Hi gh
Le vel3-
M edium
Le vel 4-
Low
carahsoft . SLS
Sih:cr Lining Solutions LLC
SLS
Sih er L i ning Sohttinns L l.{'
Software Support Services
Serv ice Le vel Agree m ent co nt.

DeKriptioaofsewrity ....,_lllM llnllllltioallml!
Issue occurring an pr oducti·o n 1'11e com pa ra y w i II resp ond U,p o n co nfinm atio n ofrec e i pt , T.h e sy ste m p re vent ing bu siness wirh confi r mation of Company b e:gi ns con tin uo us w a rk on ope ration s:. Users are preve nted re ce i pt of i nc ident. tbe pr obl e m and will p ut rorth the from wo:rl:i ng 'l.'1o'it1h no .r e aso:n ab [e
Fo ll ow_.,p will b e pres ided e ffort to provide a w or lcaJ"a und 1 fuc.. or wo:rt a rounct e stimated comptetiondate witlb in 72 vi a t he t icket svste m a:id ho u.rs after t h e pro blem h.a s ·bee n e mii e ve,y 60 min ut e.s. di a.g:o a.s:e,d and/or re plica ted o r proliided t here is .a n d i-e nt
rep resentative av.a il able t:o iW i.st wit h
i.s:sue diagn osis .and t e stlng d ur ing t h e
resoJution oro c:.e ss.

Issue o ccurring o II production 1'11e com p a ray w i II resp ond u p o n confirmatio n of re cei pt, TIi e syste m, impacting b.usine ss but witlh confirmation of comp any w i!! put forth t he be st e ffo rt not p revent in:g b usi ne'.S.S re ce i pt of inc ident . to provide a worlca round or fix or ope ratioru. Users. are impacted, Fo ll ow- da-,s.

NO TE:. The Co m pany m ay not be ab le t o r es o lve all i.ss ues w it hout th ird pa rty softwar e v e ndor(s) involvem ent. In su ch cas es The Com pa ny will act as a Lea d Lia ison w it h id ent ified vendo rs inv o lv ed and p rovid e u pda t es as defined above w ith in the lim its of any SLA ag r ee me nts Th e Clie nt m ay hav e w it h t hird pa rty sof tware v end or(s).

Si!Me r Lin ing So lut ions t.lC. co ntact: eric@SLSg ov .com 720.789.1122

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SLS
SLS Yearly SubscriptiornSupport Packages
Si lve r Gold Pl atin u m
Monthly labor hou rs ind uded in plan 40 hours 80 hours 120 hou rs Additional labor hours pla nn ed $180 .00 / hour $175.00 / hour $170 .00 / hour (,!reaterthan 30 dav noticel
Add itiona l labo r hou rs burst $195.00 / ho ur $185.00 / hour $1 80 / hour [less than 30 days notice}
Add itional labor ho urs em erge ncy $220.00 / hour $220.00 / hour $220.00 / hour (less t han 36 hours)
Standard support ho urs 7am to6pm 7a m to 6pm 7am t o 6p m Monday t hru Friday Monday t hru Fr iday Monday t hru Friday Exte nd ed su pport ho urs 1.SX L S X 1.5X
rate in cr ea se
Package Cost $86,400.00 $168,000.00 $244,800.00
(before add it ional labor requests)
* Pac kage rates are based on a yearly subs cr iption . * Subscription payme nt due u pon co nt ra ct execution. * If Custome r needsSLS to get direct sup port fro m Acee la, or any other 3r d Pa rty (Cust o me r does not wa nt to do it t hrough t hei r own m ainte nance/support contract) t he n t his rate w □I be based on t he act ual costs incurred .
* Wo rk suc h as system upgr ades t hat ma ndate no n-working hours wi'II not be subjected to t he extended suppo rt ho urs rate in cr ease.

Stive r Linin g Solu t ions LLC. con tact: [email protected] 720.789.112 2

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STATE OF CALIFORNIA
PARTICIPATING ADDENDUM NO. 7-17-70-40-05
Cloud Solutions
Utah NASPO ValuePoint Master Agreement No . AR2472
Carahsoft Technology Corp.

This Participating Addendum Number 7-17-70-40-05 is entered into between the State of California, Department of General Services (hereafter referred to as "State" or "DGS") and Carahsoft Technology Corp. (hereafter referred to as "Contractor") under the lead State of Utah NASPO ValuePoint Master Agreement Number AR2472.

1. SCOPE
A. This Participating Addendum covers the purchase of Cloud Solutions under the Utah NASPO ValuePoint Master Agreement. The Utah NASPO ValuePoint Master Agreement Number AR2472 is hereby incorporated by reference. The cloud solution services are identified in Section 5 (Available Services).

8. This Participating Addendum is available for use by all State Agencies including the Executive, Judicial and Legislative branches, and will include all California political subdivisions/local governments. A subdivision/local government is defined as any city, county, city and county, district, or other local governmental body or corporation , including the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds.

C . Each political subdivision/local government is to make its own determination whether this Participating Addendum and the Utah NASPO ValuePoint Master Agreement are consistent with its procurement policies and regulations .

2. TERM
A. The term of this Participating Addendum shall begin upon signature approval by the State and will end September 15, 2026, or upon termination by the State, whichever occurs first.

B. Lead State amendments to extend the Master Price Agreement term date are not automatically incorporated into this Participating Addendum. Extension(s) to the term of this Participating Addendum will be through a written amendment upon mutual agreement between the State and the Contractor.

3. TERMS AND CONDITIONS/INCORPORATION OF DOCUMENTS
A. Terms and conditions listed below are hereby incorporated by reference and made a part of this Participating Addendum as if attached herein and shall apply to the purchase of services made under this Participating Addendum.

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