3. Purchases of Securities under the DTC system must be made by or through Direct Participants, which will receive a credit for the Securities on DTC’s records. The ownership interest of each actual purchaser of each Security (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Securities are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Securities, except in the event that use of the book-entry system for the Securities is discontinued.
4. To facilitate subsequent transfers, all Securities deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Securities with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Securities; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Securities are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers.
5. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Securities may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Securities, such as redemptions, tenders, defaults, and proposed amendments to the Security documents. For example, Beneficial Owners of Securities may wish to ascertain that the nominee holding the Securities for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them.
6. Redemption notices shall be sent to DTC. If less than all of the Securities within an issue are being redeemed, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such issue to be redeemed.
7. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Securities unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to Issuer as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting E.1.e
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rights to those Direct Participants to whose accounts Securities are credited on the record date (identified in a listing attached to the Omnibus Proxy).
8. Redemption proceeds, distributions, and dividend payments on the Securities will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from Issuer or Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, Agent, or Issuer, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of Issuer or Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants.
9. DTC may discontinue providing its services as depository with respect to the Securities at any time by giving reasonable notice to Issuer or Agent. Under such circumstances, in the event that a successor depository is not obtained, Security certificates are required to be printed and delivered.
10. Issuer may decide to discontinue use of the system of book-entry-only transfers through DTC (or a successor securities depository). In that event, Security certificates will be printed and delivered to DTC.
11. The information in this section concerning DTC and DTC’s book-entry system has been obtained from sources that Issuer believes to be reliable, but Issuer takes no responsibility for the accuracy thereof.
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Stradling Yocca Carlson & Rauth
Draft dated 2/22/22
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HOLLISTER JOINT POWERS FINANCING AUTHORITY
2022 LEASE REVENUE BONDS
(Road Improvement Projects)
BOND PURCHASE AGREEMENT
March ____, 2022
Hollister Joint Powers Financing Authority
c/of City of Hollister
375 Fifth Street
Hollister, California 95023
Attention: Executive Director
City of Hollister
375 Fifth Street
Hollister, California 95023
Attention: City Manager
Ladies and Gentlemen:
The undersigned, Stifel, Nicolaus & Company, Incorporated (the “Underwriter”), acting not as a fiduciary or agent for you, but on behalf of itself, offers to enter into this Bond Purchase Agreement (which, together with Exhibit A and Exhibit B, is referred to as the “Purchase Agreement”) with the Hollister Joint Powers Financing Authority (the “Authority”) and the City of Hollister, California (the “City”), which, upon the acceptance of the Authority and the City, will be binding upon the Authority, the City and the Underwriter. This offer is made subject to acceptance by the Authority and by the City by the execution of this Purchase Agreement and delivery of the same to the Underwriter prior to 11:59 P.M., California Time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the Authority and the City at any time prior to the acceptance hereof by the Authority and the City. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Indenture of Trust, dated as of April 1, 2022 (the “Indenture”), by and between the Authority and U.S. Bank National Association, as trustee (the “Trustee”).
Section 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements herein set forth, the Underwriter hereby agrees to purchase from the Authority, and the Authority hereby agrees to issue, sell and deliver to the Underwriter all (but not less than all) of the Hollister Joint Powers Financing Authority 2022 Lease Revenue Bonds (Road Improvement Projects) in the aggregate principal amount of $_____ (the “Bonds”). The Bonds will be dated as of their date of delivery. Interest on the Bonds shall be payable semiannually on June 1 and December 1 in each year, commencing [June 1, 2022] and will mature, bear interest and be subject to redemption prior to maturity as set forth in Exhibit A hereto.
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The purchase price for the Bonds shall be equal to $_____ (being the aggregate principal amount thereof plus original issue premium of $_____, less an underwriter’s discount of $_____). [In addition, on behalf of the Authority, from the purchase price of the Bonds, the Underwriter shall wire the amount of $__________ to the Insurer (defined below) to pay the costs of the premium for the Policy (defined below).]
Section 2. The Bonds. The Bonds shall be secured by a pledge of Revenues consisting primarily of Lease Payments (the “Lease Payments”) to be paid by the City pursuant to the Lease Agreement, dated as of April 1, 2022 (together, the “Lease”), by and between the City and the Authority. The Authority’s right to receive the Lease Payments due under the Lease and to exercise remedies upon default under such Lease shall be assigned to the Trustee for the benefit of the owners of the Bonds pursuant to the Assignment Agreement, dated as of April 1, 2022 (the “Assignment Agreement”), by and between the Authority and the Trustee.
The Bonds shall be as described in, and shall be secured under and pursuant to the Indenture substantially in the form previously submitted to the Underwriter with only such changes therein as shall be mutually agreed upon by the Authority, the City and the Underwriter.
The proceeds of the Bonds shall be used to: (i) finance road improvement projects being undertaken by the City; and (ii) to pay the costs of issuance of the Bonds. [The Bonds shall be insured under a municipal bond insurance policy (the “Policy”) from __________ (the “Insurer”).]
The Bonds, this Purchase Agreement, the Indenture, the Lease, the Site Lease, dated as of April 1, 2022 (the “Site Lease”), by and between the Authority and the City, and the Assignment Agreement are collectively referred to herein as the “Authority Documents.” This Purchase Agreement, the Continuing Disclosure Certificate, dated April __, 2022 (the “Continuing Disclosure Certificate”), executed and delivered by the City, the Lease, and the Site Lease are collectively referred to herein as the “City Documents.” Section 3. Public Offering and Establishment of Issue Price. (a) The Underwriter agrees to make an initial public offering of all of the Bonds at the public offering prices (or yields) set forth on Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as the Underwriter deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth on Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. The City and the Authority acknowledge and agree that: (i) the purchase and sale of the Bonds pursuant to this Purchase Agreement is an arm’s-length commercial transaction between the City and the Authority, on one hand, and the Underwriter, on the other; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principal and is not acting as a Municipal Advisor (as defined in Section 15B of the Securities Exchange Act of 1934, as amended); (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the City or Authority with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided E.1.f
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other services or is currently providing other services to the City or Autho rity on other matters); (iv) the Underwriter has financial and other interests that differ from those of the City and the Authority; and (v) the City and Authority have consulted their own legal, financial and other advisors to the extent they have deemed appropriate.
(b) The Underwriter agrees to assist the Authority in establishing the issue price of the Bonds and shall execute and deliver to the Authority at Closing (as defined below) an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the Authority and Bond Counsel (as defined below), to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds. (c) Except as set forth in Exhibit A, the Authority will treat the first price at which 10% of each maturity of the Bonds (the “10% test”), identified under the column “10% Test Used” in Exhibit A, is sold to the public as the issue price of that maturity. At or promptly after the execution of this Purchase Agreement, the Underwriter shall report to the Authority the price or prices at which it has sold to the public each maturity of Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the Underwriter agrees to promptly report to the Authority the prices at which it sells the unsold Bonds of that maturity to the public. That reporting obligation shall continue, whether or not the Closing Date (as defined below) has occurred, until either (i) the Underwriter has sold all Bonds of that maturity or (ii) the 10% test has been satisfied as to the Bonds of that maturity, provided that, the Underwriter’s reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Authority or Bond Counsel. For purposes of this section, if Bonds mature on the sam e date but have different interest rates, each separate CUSIP number within that maturity will be treated as a separate maturity of the Bonds.
(d) The Underwriter confirms that it has offered the Bonds to the public on or before the date of this Purchase Agreement at the offering price or prices (the “initial offering price”), or at the corresponding price, set forth in Exhibit A attached hereto, except as otherwise set forth therein. Exhibit A also sets forth, identified under the column “Hold the Offering Pr ice Rule Used,” as of the date of this Purchase Agreement, the maturities, if any, of the Bonds for which the 10% test has not been satisfied and for which the Authority and the Underwriter agree that the restrictions set forth in the next sentence shall a pply, which will allow the Authority to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following:
(1) the close of the fifth (5th) business day after the sale date; or
(2) the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public.
The Underwriter will advise the Authority promptly after the close of the fifth (5th) business day after the sale date whether it has sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public.
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(e) The Underwriter confirms that:
(i) any selling group agreement and any third-party distribution agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group and each broker-dealer that is a party to such third-party distribution agreement, as applicable:
(A)(i) to report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, until either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter, and (ii) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter,
(B) to promptly notify the Underwriter of any sales of
Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and
(C) to acknowledge that, unless otherwise advised by the dealer or broker-dealer, the Underwriter shall assume that each order submitted by the dealer or broker-dealer is a sale to the public.
(ii) any selling group agreement relating to the initia l sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such third-party distribution agreement to (A) report the prices at which it sells to the public the unsold Bonds of each maturity allocated to it, whether or not the Closing Date has occurred, un til either all Bonds of that maturity allocated to it have been sold or it is notified by the Underwriter or the dealer that the 10% test has been satisfied as to the Bonds of that maturity, provided that, the reporting obligation after the Closing Date may be at reasonable periodic intervals or otherwise upon request of the Underwriter or the dealer, and (B) comply with the hold -the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (f) The Authority and the City acknowledge that, in making the representations set forth in this section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold -the-offering-price rule, if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a third-party distribution agreement was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold -the-offering-price rule, if applicable to the Bonds, as set forth in the third-party distribution agreement and the related pricing wires. The Authority and the City further acknowledge that the Underwriter shall not be liable for the failure of any dealer who is a member of a selling group, or of any broker-dealer that is a party to a third-party distribution E.1.f
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agreement, to comply with its corresponding agreement to comply with the requirements for establishing issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds. (g) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this section.
Further, for purposes of this section:
(i) “public” means any person other than an underwriter or a related party;
(ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the Authority (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a third-party distribution agreement participating in the initial sale of the Bonds to the public); (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities a re corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including dir ect ownership of the applicable stock or interests by one entity of the other); and (iv) “sale date” means the date of execution of this Purchase Agreement by the City and the Underwriter.
Section 4. The Official Statement. By its acceptance of this proposal, the Authority and the City ratify, confirm and approve of the use and distribution by the Underwriter prior to the date hereof of the preliminary official statement relating to the Bonds dated March [22], 2022 (including the cover page, all appendices and all information incorporated therein and any supplements or amendments thereto and as disseminated in its printed physical form or in electronic form in all respects materially consistent with such physical form, the “Preliminary Official Statement”) that authorized officers of the Authority and the City deemed “final” as of its date, for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934, as amended (“Rule 15c2-12”), except for certain information permitted to be omitted therefrom by Rule 15c2-12.
The Authority and the City hereby agree to deliver or cause to be delivered to the Underwriter, within seven business days of the date hereof, copies of the final official statement, dated the date hereof, relating to the Bonds (including all information previously permitted to have been omitted by Rule 15c2-12), including the cover page, all appendices, all information incorporated therein and any amendments or supplements as have been approved by the Authority, the City and the Underwriter (the “Official Statement”) in such quantity as the Underwriter shall reasonably request to comply with Section (b)(4) of Rule 15c2-12 and the rules of the Municipal Securities Rulemaking Board (the “MSRB”).
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The Underwriter hereby agrees that it will not request that payment be made by any purchaser of the Bonds prior to delivery by the Underwriter to the purchaser of a copy of the Official Statement. The Underwriter agrees: (i) to provide the Authority and the City with final pricing information on the Bonds on a timely basis; and (ii) to file a copy of the Official Statement, including any supplements prepared by the Authority or the City with the MSRB in accordance with MSRB rules at http://emma.msrb.org . The Authority and the City hereby approve of the use a nd distribution by the Underwriter of the Preliminary Official Statement in connection with the offer and sale of the Bonds. The Authority and the City will cooperate with the Underwriter in the filing by the Underwriter of the Official Statement with the MSRB.
Section 5. Closing. At 8:30 a.m., California Time, on April __, 2022, or at such other time or date as the Authority and the Underwriter agree upon (the “Closing Date”), the Authority shall deliver or cause to be delivered to the Trustee, the Bonds, in defini tive form, registered in the name of Cede & Co., as the nominee of The Depository Trust Company (“DTC”), so that the Bonds may be authenticated by the Trustee and credited to the account specified by the Underwriter under DTC’s FAST procedures. Concurrently with the delivery of the Bonds, the Authority and the City will deliver the documents hereinafter mentioned at the offices of Jones Hall, A Professional Law Corporation, San Francisco, California (“Bond Counsel”), or another place to be mutually agreed upon by the Authority, the City and the Underwriter. The Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof by wire transfer in immediately available funds. This payment for and delivery of the Bonds, together with the delivery of the aforementioned documents, is herein called the “Closing.” The Bonds shall be registered in the name of Cede & Co., as nominee of DTC in denominations of five thousand dollars ($5,000) or any integral multiple thereo f. The Authority and the City acknowledge that the services of DTC will be used initially by the Underwriter in order to permit the issuance of the Bonds in book-entry form, and agree to cooperate fully with the Underwriter in employing such services.
Section 6. Representations, Warranties and Covenants of the Authority. The Authority represents, warrants and covenants to the Underwriter and the City that:
(a) The Authority is a public body, duly organized and existing under the laws of the State of California (the “State”), including Article 1 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State (the “JPA Act”) and the Joint Exercise of Powers Agreement, dated as of December 1, 1989 (the “JPA Agreement”), between the City and the Redevelopment Agency of the City (now succeeded by the Successor Agency to the Redevelopment Agency of the City). (b) The Authority has full legal right, power and authority to adopt or enter into, as the case may be, and to carry out and consummate the transactions on its part contemplated by the Authority Documents and the resolution adopted by the Board of Directors of the Authority on [March 21], 2022 (the “Authority Resolution”) authorizing the issuance of the Bonds and the execution and delivery of the Authority Documents.
(c) By all necessary official action, the Authority has duly authorized and approved the Authority Documents, has duly authorized and approved the Preliminary Official Statement and the Official Statement, and has duly authorized and approved the execution and delivery of, and the performance by the Authority of the obligations on its part contained in, the Authority Documents and the consummation by it of all other transactions contemplated by the E.1.f
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Authority Documents in connection with the issuance of the Bonds. As of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered, and assuming due execution and delivery by the other parties thereto, if applicable, the Authority Documents will constitute the legally valid and binding obligations of the Authority enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar l aws or equitable principles relating to or affecting creditors’ rights generally, or by the exercise of judicial discretion and the limitations on legal remedies against joint powers authorities in the State. The Authority has complied, and will at the Closing be in compliance in all material respects, with the terms of the Authority Documents.
(d) The Authority is not in any material respect in breach of or default under any applicable constitutional provision, law or administrative regulation of any state or of the United States, or any agency or instrumentality of either, or any applicable judgment or decree, or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Authority is a party which breach or default has or may have a materially adverse effect on the ability of the Authority to perform its obligations under the Authority Documents, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute s uch a default or event of default under any such instrument; and the adoption, execution and delivery of the Authority Documents, if applicable, and compliance with the provisions on the Authority’s part contained therein, will not conflict in any material way with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Authority is a party, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Authority or un der the terms of any such law, regulation or instrument, except as may be provided by the Authority Documents. (e) All material authorizations, approvals, licenses, permits, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by the Authority of its obligations in connection with the Authority Documents have been duly obtained or, when required for future performance, are expected to be obtained, other than such approvals, consents and orders as may be required under the Blue Sky or securities laws of any stat e in connection with the offering and sale of the Bonds; except as described in or contemplated by the Preliminary Official Statement and the Official Statement, all authorizations, approvals, licenses, permits, consents and orders of any governmental auth ority, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by, the Authority of its obligations under the Authority Documents have been duly obtained.
(f) The Authority hereby agrees that it will notify the other parties hereto if, within the period from the date of this Purchase Agreement to and including the date twenty-five (25) days following the end of the underwriting period (as defined herein), the Authority discovers any pre-existing or subsequent fact or becomes aware of the occurrence of any event, in any such case, which might cause the Official Statement (as the sam e may have then been supplemented or amended) to contain any untrue statement of a material fact or to omit to state a material fact E.1.f
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necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
(g) As of the time of acceptance hereof and the Closing, except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental authority, public board or body, pen ding, with service of process upon the Authority having been accomplished, or threatened in writing to the Authority:
(i) in any way questioning the corporate existence of the Authority or the titles of the officers of the Authority to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of Lease Payments with respect to the Lease or any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity of the Bonds or the other Authority Documents or the consummation of the transactions contemplated thereby or hereby, or contesting the exclusion of the interest on the Bonds from taxation or contesting the powers of the Authority or its authority to issue the Bonds; (iii) which would be likely to result in any material adverse change relating to the business, operations or financial condition of the Authority; or (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
(h) To the Authority’s knowledge, there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of paragraph 6(g).
(i) As of its date, the information in the Preliminary Official Statement set forth under the caption “THE AUTHORITY” did not, and as of the date hereof does not, contain any untrue statement of a material fact, and as of its date did not, and as of the date here of does not, omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (j) As of the date hereof, the information in the Official Statement set forth under the caption “THE AUTHORITY” does not, and at all times thereafter up to and including the Closing will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading.
(k) The Authority will refrain from taking any action, or pe rmitting any action to be taken, with regard to which the Authority may exercise control, that results in the loss of the tax-exempt status of the interest on the Bonds.
(l) The Authority will refrain from taking any action, or permitting any action to be taken, to reduce the amount of the Lease Payments while the Bonds are Outstanding, and the Authority will collect the Lease Payments in accordance with the Lease. (m) Any certificate signed by any officer of the Authority authorized to execute such certificate in connection with the execution, sale and delivery of the Bonds and delivered to the E.1.f
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Underwriter shall be deemed a representation and warranty of the Authority to the Underwriter and the City as to the statements made therein but not of the person signing such certificate.
Section 7. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to the Underwriter and the Authority that:
(a) The City is a general law city duly organized and existing under and by virtue of the Constitution and laws of the State.
(b) The City has full legal right, power and authority to adopt or enter into, as the case may be, and to carry out and consummate the transactions on its part contemplated by the City Documents and the resolution adopted by the City Council of the City on [March 21], 2022 (the “City Resolution”) authorizing the execution and delivery of the City Documents. (c) By all necessary official action, the City has duly authorized and approved the City Documents, has duly authorized and approved the Preliminary Official Statement and the Official Statement, and has duly authorized and approved the execution and delivery of, and the performance by the City of the obligations on its part contained in, the City Documents and the consummation by it of all other transactions contemplated by the City Documents in connection with the issuance of the Bonds. As of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed a nd delivered, and assuming due execution and delivery by the other parties thereto, if applicable, the City Documents will constitute the legally valid and binding obligations of the City enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or affecting creditors’ rights generally, or by the exercise of judicial discretion and the limitations on legal remedies agai nst municipal corporations in the State. The City has complied, and will at the Closing be in compliance in all material respects, with the terms of the City Documents. (d) The City is not in any material respect in breach of or default under any applicable constitutional provision, law or administrative regulation of any state or of the United States, or any agency or instrumentality of either, or any applicable judgment or decree, or any loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party which breach or default has or may have a materially adverse effect on the ability of the City to perform its obligations under the City Documents, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; and the adoption, execution and delivery of the City Documents, if applicable, and compliance with the provisions on the City’s part contained therein, will not conflict in any material way with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the City is a party nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the City or under the terms of any such law, regulation or instrument, except as may be provided by the City Documents.
(e) All material authorizations, approvals, licenses, permits, consents and orders of any governmental authority, legislative body, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition E.1.f
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precedent to or the absence of which would materially adversely affect the due performance b y the City of its obligations in connection with the City Documents have been duly obtained or, when required for future performance, are expected to be obtained, other than such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the Bonds; except as described in or contemplated by the Preliminary Official Statement, all authorizations, approvals, licenses, permits, consents and orders of any governmental authority, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by, the City of its obligations under the City Documents have been duly obtained.
(f) As of its date, the Preliminary Official Statement did not, and as of the date hereof, does not, contain any untrue statement of a material fact, and as of its date did not, and as of the date hereof, does not, omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that this representation does not include statements in the Preliminary Official Statement under the captions “THE AUTHORITY” and “UNDERWRITING” and information regarding DTC and its book-entry only system, the Insurer or the Policy, as to which no view is expressed).
(g) As of the date hereof, the Official Statement does not, and at all times thereafter up to and including the Closing will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading (except that this representation does not include statements in the Official Statement under the captions “THE AUTHORITY” and “UNDERWRITING” and information regarding DTC and its book-entry only system, the Insurer or the Policy, as to which no view is expressed). (h) The City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement. The City will advise the Underwriter promptly of the institut ion of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. (i) As of the time of acceptance hereof and the Closing, except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, governmental authority, public board or body, pending, with service of process upon the City having been accomplished, or threatened in writing to the City: (i) in any way questioning the corporate existence of the City or the titles of the officers of the City to their respective offices; (ii) affecting, contesting or seeking to prohibit, restrain or enjoin the issuance or delivery of any of the Bonds, or the payment or collection of Lease Payments with respect to the Lease or of any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contesting or affecting t he validity of the Bonds, or the City Documents or the consummation of the transactions contemplated thereby or hereby, or contesting the exclusion of the interest on the Bonds from taxation, or contesting the powers of the Authority to issue the Bonds; (iii) which would be likely to result in any material adverse change relating to the business, operations or financial condition of the City; and (iv) contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserting that the Preliminary Official Statement or the Official Statement contained any untrue E.1.f
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statement of a material fact or omitted to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (j) To the City’s knowledge, there is no basis for any action, suit, proceeding, inquiry or investigation of the nature described in clauses (i) through (iv) of paragraph 7(i). (k) Until the date which is twenty-five (25) days after the “end of the underwriting period” (as hereinafter defined), if any event shall occur of which the City is aware that would cause the Official Statement to contain any untrue statement of a material fact or omit to st ate a material fact necessary in order to make the statements in the Official Statement, in light of the circumstances under which they were made, not misleading (except that this representation does not include information regarding DTC and its book entry only system, as to which no view is expressed), the City shall forthwith notify the Underwriter of any such event of which it has knowledge and shall cooperate fully in furnishing any information available to it for any supplement to the Official Statement necessary, in the Underwriter’s reasonable opinion, so that the statements therein as so supplemented will not be misleading in light of the circumstances existing at such time and the City shall promptly furnish to the Underwriter a reasonable number of copies of such supplement. As used herein, the term “end of the underwriting period” means the later of such time as: (i) the Authority delivers the Bonds to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless the Underwriter gives notice to the contrary, the “end of the underwriting period” shall be deemed to be the Closing Date. Any notice delivered pursuant to this provision shall be written notice delivered to the Underwriter at or prior to the Closing Date of the Bonds and shall specify a date (other than the Closing Date) to be deemed the “end of the underwriting period.” (l) Except as disclosed in the Preliminary Official Statement and the Official Statement, the City has not within the last five years failed to comply in any material respect with any continuing disclosure undertakings with regard to Rule 15c2-12, to provide annual reports or notices of material events specified in such rule.
(m) The City will refrain from taking any action, or permitting any action to be taken, with regard to which the City may exercise control, that results in the loss of the tax -exempt status of the interest on the Bonds.
(n) The financial statements rela ting to the receipts, expenditures and cash balances of the City as of June 30, [2020] attached as Appendix A to the Official Statement fairly represent the receipts, expenditures and cash balances of the City. Except as disclosed in the Official Statement, there has not been any materially adverse change in the financial condition of the City or in its operations since June 30, [2020] and there has been no occurrence, circumstance or combination thereof which is reasonably expected to result in any such materially adverse change. (o) To the extent required by law, the City will undertake, pursuant to the Continuing Disclosure Certificate and the other City Documents, to provide annual reports and notices of certain events, if material. A description of this u ndertaking is set forth in Appendix D to the Preliminary Official Statement and will also be set forth in the Official Statement. (p) Except in connection with the issuance of refunding bonds pursuant to the terms of the Indenture or as permitted under the Lease due to damage, destruction, or substantial interference with the use and occupancy by the City of the Leased Property or any portion thereof, E.1.f
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the City will refrain from taking any action, or permitting any action to be taken, to reduce the amount of the Lease Payments while the Bonds are Outstanding, and the City will pay the Lease Payments in accordance with the Lease.
(q) Any certificate signed by any officer of the City authorized to execute such certificate in connection with the execution, sale and delivery of the Bonds and delivered to the Underwriter shall be deemed a representation and warranty of the City to the Underwriter and the Authority as to the statements made therein but not of the person signing such certificate.
Section 8. Conditions to the Obligations of the Underwriter. The Underwriter has entered into this Purchase Agreement in reliance upon the representations and warranties of the Authority and the City contained herein. The obligations of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the statements of the officers and other officials of the Authority and of the City, as well as authorized representatives of Bond Co unsel and the Trustee made in any Bonds or other documents furnished pursuant to the provisions hereof; to the performance by the Authority and the City of their obligations to be performed hereunder at or prior to the Closing Date; and to the following additional conditions:
(a) The representations, warranties and covenants of the City and the Authority contained herein shall be true and correct at the date hereof and at the time of the Closing, as if made on the Closing Date.
(b) At the time of Closing, the City Documents and the Authority Documents shall be in full force and effect as valid and binding agreements between or among the various parties thereto, and the City Documents, the Authority Documents, the City Resolution, the Authority Resolution, and the Official Statement shall not have been amended, modified or supplemented except as may have been agreed to in writing by the Underwriter. (c) At the time of the Closing, no material default shall have occurred or be existing under the City Documents, Authority D ocuments, or any other agreement or document pursuant to which any of the City’s financial obligations were executed and delivered, and the City shall not be in default in the payment of principal or interest with respect to any of its financial obligations, which default would materially adversely impact the ability of the City to pay the Lease Payments.
(d) In recognition of the desire of the Authority, the City and the Underwriter to effect a successful public offering of the Bonds, and in view of the potent ial adverse impact of any of the following events on such a public offering, this Purchase Agreement shall be subject to termination in the discretion of the Underwriter by notification, in writing, to the Authority and the City prior to delivery of and payment for the Bonds, if at any time prior to such time, regardless of whether any of the following statements of fact were in existence or known of on the date of this Purchase Agreement:
(i) any event shall occur which makes untrue any material statement or results in an omission to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading, which event, in the reasonable opinion of the Underwriter would materia lly or adversely affect the ability of the Underwriter to market the Bonds; or
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(ii) the marketability of the Bonds or the market price thereof, in the opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the United States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or end orsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment of legislation for consideration as an option by either such Committee, or by the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United Sta tes by a Committee of such House to which such legislation has been referred for consideration, or any decision of any federal or state court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority affecting the federal or State tax status of the Authority or the City, or the interest on or with respect to bonds or notes (including the Bonds); or
(iii) any legislation, ordinance, rule or regulation shall be enacted by any governmental body, department or authority of the State, or a decision by any court of competent jurisdiction within the State shall be rendered which materially adversely affects the market price of the Bonds; or
(iv) an order, decree or injunction issued by any court of competent jurisdiction, or order, ruling, regulation (final, temporary or proposed), official statement or other form of notice or communication issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental authority having jurisdiction of the subject matter, to the effect that: (i) obligations of the general character of the Bonds, or the Bonds, including any or all underlying arrangements, are not exempt from registration under the Securities Act of 1933, as amended, or that the Indenture is not exempt from qualification under the Trust Indenture Act of 1939, as amended; or (ii) the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including any or all underlying obligations, as contemplated hereby or by the Official Statement, is or would be in violation of the federal securities laws as amended and then in effect; or
(v) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, to the effect that obligations of the general character of the Bonds, or the Bonds are not exempt from registration under or other requi rements of the Securities Act of 1933, as amended and as then in effect, or the Securities Exchange Act of 1934, as amended and as then in effect, or that the Indenture is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended and as then in effect; or (vi) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any domestic governmental authority or by any domestic national securities exchange, which are material to the marketability of the Bonds; or
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(vii) a general banking moratorium shall have been declared by federal, State or New York authorities, or the general suspension of trading on any national securities exchange; or
(viii) in the reasonable judgment of the Underwriter, the market price or marketability of the Bonds, or the ability of the Underwriter to enforce contracts for the sale of the Bonds is materially adversely affected by (1) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis; or (ix) any rating of the Bonds or the rating of any obligations of the City secured by or payable from the City’s general fund shall have been downgraded or withdrawn by a national rating service, which, in the opinion of the Underwriter, materially adversely affects the market price of the Bonds; or
(x) the commencement of any action, suit or proceeding described in Section 6(g) or Section 7(i).
(e) at or prior to the Closing, the Underwriter shall receive the following documents, in each case to the reasonable satisfaction in form and substance of the Underwriter:
(i) The Authority Resolution relating to the Bonds and authorizing the execution and delivery of the Bonds and the Authority Documents and the Official Statement signed by an authorized official of the Authority;
(ii) The City Resolution relating to the Bonds and authorizing the execution and delivery of the City Documents and the delivery of the Bonds and the Official Statement signed by an authorized official of the City; (iii) The City Documents and the Authority Documents duly executed and delivered by the respective parties thereto, with only such amendments, modifications or supplements as may have been agreed to in writing by the Underwriter; (iv) The approving opinion of Bond Counsel dated the Closing Date and addressed to the Authority and the City, in substantially the form atta ched as Appendix E to the Official Statement, and a reliance letter thereon addressed to the Underwriter; (v) A supplemental opinion of Bond Counsel dated the Closing Date and addressed to the Underwriter, to the effect that:
(A) the statements on the cover of the Official Statement and in the Official Statement under the captions “INTRODUCTION,” “THE BONDS,” “SECURITY FOR THE BONDS,” and “TAX MATTERS,” and in Appendix C—“SUMMARY OF PRINCIPAL LEGAL DOCUMENTS” and Appendix E—“FORM OF OPINION OF BOND COUNSEL,” excluding any material that may be treated as included under such captions and appendices by any cross-reference, insofar as such statements expressly summarize provisions of the City Documents, the Authority Documents, and Bond Counsel’s final opinion concerning certain federal tax matters relating to the Bonds, are accurate in all material respects as of the Closing Date, provided that Bond E.1.f
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Counsel need not express any opinion with respect to any financial or statistical data contained therein or with respect to the book-entry system in which the Bonds are initially delivered; (B) The Purchase Agreement and the Continuing Disclosure Certificate have been duly authorized, executed and delivered by the City and the Authority, as applicable, and are the valid, legal and binding agreements of the City and the Authority, as applicable, enforceable in accordance with their respective terms, except that the rights and obligations under the Purchase Agreement and the Continuing Disclosure Certificate are subject to bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance and other similar laws affecting creditors’ rights, to the application o f equitable principles if equitable remedies are sought, to the exercise of judicial discretion in appropriate cases and to limitations on legal remedies against public agencies in the State, and provided that no opinion need be expressed with respect to any indemnification or contribution provisions contained therein; (C) The Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification under the Trust Indenture Act of 1939, as amended; and
(vi) The Official Statement, executed on behalf of the Authority and the City, and the Preliminary Official Statement;
(vii) Evidence that the rating or ratings on the Bonds are in effect as described in the Official Statement;
(viii) A certificate, dated the Closing Date, signed by a duly authorized officer of the Authority satisfactory in form and substance to the Underwriter to the effect that:
(i) the representations, warranties and covenants of the Authority contained in this Purchase Agreement are true and correct in all material respects on and as of the Closing Date with the same effect as if made on the Closing Date by the Authority, and the Authority has complied with, in all material respects, all of the terms and conditions of this Purchase Agreement required to be complied with by the Authority at or prior to the Closing Date; and (ii) no event affecting the Authority has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is to be used or which is necessary to disclose therein in order to make the statements and information therein not misleading in any material respect; (ix) A certificate, dated the Closing Date, signed by a duly authorized officer of the City satisfactory in form and substance to the Underwriter to the effect that: (i) the representations, warranties and covenants of the City contained in this Purchase Agreement are true and correct in all material respects on and as of the Closing Date with the same effect a s if made on the Closing Date by the City, and the City has complied with, in all material respects, all of the terms and conditions of the Purchase Agreement required to be complied with by the City at or prior to the Closing Date; and (ii) no event affecting the City has occurred since the date of the Official Statement which should be disclosed in the Official Statement for the purposes for which it is to be used or which is necessary to disclose therein in order to make the statements and information th erein not misleading in any material respect;
(x) An opinion dated the Closing Date and addressed to the Underwriter, of the City Attorney, as general counsel to the Authority, to the effect that:
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(A) The Authority is a public body, organized and existing under the laws of the State, including the JPA Act and the JPA Agreement; (B) The Authority Resolution has been duly adopted by the Authority, is in full force and effect and has not been modified, amended, rescinded or repealed since its date of adoption;
(C) Except as otherwise disclosed in the Official Statement, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending, with service of process upon the Authority having been accomplished, or threatened in writing against the Authority, challenging the creation, organization or existence of the Authority, or the validity of the Authority Documents or seeking to restrain or enjoin the issuance of the Bonds, the collection of Lease Payments with respect to the Lease or the repayment of the Bonds or in any way contesting or affecting the validity of the Authority Documents or contesting the authority of the Authority to enter into or perform its obligations under any of the Authority Documents;
(D) The execution and delivery of the Authority Documents and the issuance of the Bonds and compliance with the provisions thereof, do not and will not in any material respect conflict with or constitute on the part of the Authority a breach of or default under any agreement or other instrument to which the Authority is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the Authority is subject, which breach or default has or may have a material a dverse effect on the ability of the Authority to perform its obligations under the Authority Documents; and
(E) No authorization, approval, consent, or other order of the State or any other governmental body within the State is required for the valid authoriza tion, execution and delivery of the Authority Documents or the Official Statement by the Authority or the consummation by the Authority of the transactions on its part contemplated therein, except such as have been obtained and except such as may be required under state securities or Blue Sky laws in connection with the purchase and distribution of the Bonds by the Underwriter; (xi) an opinion dated the Closing Date and addressed to the Underwriter, of the City Attorney, to the effect that:
(A) The City is a general law city, duly organized and existing under and by virtue of the Constitution and laws of the State; (B) The City Resolution has been duly adopted by the City Council, is in full force and effect and has not been modified, amended, rescinded or repealed since its date of adoption;
(C) Except as otherwise disclosed in the Official Statement, there is no litigation, proceeding, action, suit, or investigation at law or in equity before or by any court, governmental authority or body, pending, with service of process upon the City having been accomplished, or threatened in writing against the City, challenging the creation, organization or existence of the City, or the validity of the City Documents or seeking to restrain or enjoin the issuance of the Bonds, the payment of the Lease Payments or the repayment of the Bonds or in any way contesting or affecting the validity of the City Documents or contesting the authority of the City E.1.f
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to enter into or perform its obligations under any of the City Documents, or which, in any manner, questions the right of the City to pay the Lease Payments under the Lease; (D) The execution and delivery of the City Documents and compliance with the provisions thereof, do not and will not in any material respect conflict with or constitute on the part of the City a breach of or default under any agreement or other instrument to which the City is a party or by which it is bound or any existing law, regulation, court order or consent decree to which the City is subject, which breach or default has or may have a material adverse effect on the ability of the City to perform its obligations under the City Documents; and (E) No authorization, approval, consent, or other order of the State or any other governmental body within the State is required for the valid authorization, execution and delivery of the City Documents or the consummation by the City of the transactions on its part contemplated therein, except such as have been obtained and except suc h as may be required under state securities or Blue Sky laws in connection with the purchase and distribution of the Bonds by the Underwriter;
(xii) An opinion of Jones Hall, A Professional Law Corporation, San Francisco, California, in its capacity as Disclosure Counsel, dated the Closing Date and addressed to the Authority, the City and the Underwriter, to the effect that, based upon the information made available to them in the course of their participation in the preparation of the Preliminary Official Statement and the Official Statement and without passing on and without assuming any responsibility for the accuracy, completeness and fairness of the statements in the Preliminary Official Statement and the Official Statement, and having made no independent investigation or verification thereof, and stated as a matter of fact and not opinion that, during the course of its representation of the Authority and the City on this matter, no facts came to the attention of the attorneys in its firm rendering legal services in connection with the Preliminary Official Statement and the Official Statement which caused them to believe that the Preliminary Official Statement as of its date and as of the date hereof, or the Official Statement as of its date and as of the Closing Date (except any CUSIP numbers, financial, accounting, statistical or economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, assumptions or expressions of opinion, environmental litigation, environmental matters, information relating to The Depository Trust Company and its book-entry system, and the Appendices thereto, included or referred to therein, which shall be expressly excluded from the scope of this paragraph and as to which such firm need not express any opinion or view) contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading;
(xiii) An opinion of Stradling Yocca Carlson & Rauth, a Professional Corporation, counsel to the Underwriter, in form and substance satisfactory to the Underwriter ; (xiv) An opinion of counsel to the Trustee, addressed to the Underwriter and dated the Closing Date, in form and substance satisfactory to the Underwriter and to Bond Counsel;
(xv) A certificate, dated the Closing Date, signed by a duly authorized official of the Trustee in form and substance satisfactory to the Underwriter; E.1.f
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(xvi) The preliminary and final Statement of Sale required to be delivered to the California Debt and Investment Advisory Commission pursuant to Section 53583 of the Government Code and Section 8855(g) of the Government Code; (xvii) A copy of the executed Blanket Issuer Letter of Representation s by the Authority relating to DTC’s book-entry system;
(xviii) Tax and nonarbitrage certifications of the Authority and the City in form and substance to the reasonable satisfaction of Bond Counsel and the Underwriter; (xix) A certificate, dated the date of the Prelimi nary Official Statement, of the City, as required under Rule 15c2-12;
(xx) A certificate, dated the date of the Preliminary Official Statement, of the Authority, as required under Rule 15c2-12;
(xxi) Certified copies of the JPA Agreement and all amendments thereto and related certificates issued by the Secretary of State of the State; (xxii) A certified copy of the general resolution of the Trustee authorizing the execution and delivery of certain documents by certain officers of the Trustee, which resolution authorizes the execution and delivery of the Indenture and the authentication and delivery of the Bonds by the Trustee;
(xxiii) A copy of a CLTA or ALTA title insurance policy in an amount equal to the principal amount of the Bonds, insuring the City’s leasehold interest in the Leased Property, subject only to permitted encumbrances or such other encumbrances approved in writing by the Underwriter;
(xxiv) Certificates, dated the Closing Date, regarding compliance with the insurance requirements of the Lease;
(xxv) [The executed Policy of the Insurer insuring the scheduled payment of principal of an interest on the Bonds, substantially in the form attached as Appendix G to the Official Statement;]
(xxvi) [An opinion of counsel to the Insurer, dated the Closing Date and addressed to the Underwriter, in form and substance acceptable to the Underwriter.] (xxvii) Such additional legal opinions, certificates, proceedings, instruments or other documents as Bond Counsel or the Underwriter may reasonably request.
Section 9. Changes in Official Statement. After the Closing, neither the Authority nor the City will adopt any amendment of or supplement to the Official Statement to which the Underwriter shall reasonably object in writing. Within 90 days after the Closing o r within 25 days following the end of the underwriting period, whichever occurs first, if any event relating to or affecting the Bonds, the Trustee, the City or the Authority shall occur as a result of which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in any material respect in the light of the circumstances existing at the time it is delivered to a purchaser, the Authority will forthwith prepare E.1.f
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and furnish to the Underwriter an amendment or supplement that will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances existing at the time the Official Statement is delivered to purchaser, not misleading. The City and the Authority shall cooperate with the Underwriter in the filing by the Underwriter of such amendment or supplement to the Official Statement with the MSRB.
Section 10. Expenses. Whether or not the transactions contemplated by this Purchase Agreement are consummated, the Underwriter shall be under no obligation to pay, and the Authority shall pay only from the proceeds of the Bonds, or cause the City to pay out of the proceeds of the Bonds or any other legally available funds of the City or the Authority, but only as the Authority and such other party providing such services may agree, all expenses and costs of the Authority and the City incident to the performance of their obligations in connection with the authorization, execution, sale and delivery of the Bonds to the Underwriter, including, without limitation, printing costs, rating agency fees and charges, initial fees of the Trustee, including fees and disbursements of their counsel, if any, fees and disbursements of Bond Counsel, Disclosure Counsel, the Municipal Advisor, and other professional advisors employed by the Authority or the City, costs of preparation, printing, signing, transportation, delivery and safekeeping of the Bonds and for expenses (included in the expense component of the spread) incurred by the Underwriter on behalf of the City’s employees which are incidental to implementing this Purchase Agreement, including, but not limited to, meals, transportation, lodging, and entertainment of those employees. The Underwriter shall pay all out-of- pocket expenses of the Underwriter, including, without limitation, the fees and expenses of its counsel, advertising expenses, the California Debt and Investment Advisory Commission fee, CUSIP Services Bureau charges, regulatory fees imposed on new securities issuers and any and all other expenses incurred by the Underwriter in connection with the public offering and distribution of the Bonds. Certain payments may be in the form of inclusion of such expenses in the expense component of the Underwriter’s discount.
Section 11. Notices. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Stifel, Nicolaus & Company, Incorporated, One Montgomery Street, 35th Floor, San Francisco, C alifornia 94104, Attention: Eileen Gallagher. All notices or communications hereunder by any party shall be given and served upon each other party. Any notice or communication to be given the Authority under this Purchase Agreement may be given by delivering the same in writing to the Hollister Joint Powers Financing Authority, c/o City of Hollister, 375 Fifth Street, Hollister, California 95023, Attention:
Executive Director. Any notice or communication to be given the City under this Purchase Agreement may be given by delivering the same in writing to the City of Hollister, 375 Fifth Street, Hollister, California 95023, Attention: City Manager.
Section 12. Parties in Interest. This Purchase Agreement is made solely for the benefit of the Authority, the City and the Underwriter (including the successors or assigns thereof) and no other person shall acquire or have any right hereunder or by virtue hereof. All representations, warranties and agreements of the Authority and the City in this Purchase Agreement shall remain operative and in full force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of and payment for the Bonds.
Section 13. Severability. In case any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof.
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Section 14. Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Section 15. Governing Law. This Purchase Agreement shall be governed by and construed in accordance with the laws of the State.
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
By:
Title: Authorized Officer
Accepted as of the date first stated above:
CITY OF HOLLISTER
By:
Its: Brett Miller, City Manager
Time of Execution: _____ a.m./p.m. California Time
HOLLISTER JOINT POWERS FINANCING AUTHORITY
By:
Its: Brett Miller, Executive Director
Time of Execution: _____ a.m./p.m. California Time
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A-1
4832-8514-4062/200356-0499
EXHIBIT A
HOLLISTER JOINT POWERS FINANCING AUTHORITY
2022 LEASE REVENUE BONDS
(Road Improvement Projects)
MATURITY SCHEDULE
Maturity
Date
(June 1)
Principal
Amount Interest Rate
Initial
Offering
Price
10% Test
Used
Hold the
Offering
Price Rule
Used
T
T
T Term Bonds.
C Priced to the optional redemption date of June 1,____, at par.
REDEMPTION
Optional Redemption. The Bonds maturing on or before June 1, ___, are not subject to redemption prior to their respective stated maturit ies. The Bonds maturing on or after June 1, ____, are subject to redemption in whole, or in part at the election of the Authority among maturities on such basis as designated by the Authority and by lot within a maturity, at the option of the Authority, on any date on or after June 1,___, from any available source of funds, at a redemption price equal to 100% of the principal amount thereof to be redeemed together with accrued interest thereon to the redemption date, without premium.
Mandatory Sinking Fund Redemption of Term Bonds. The Bonds maturing June 1, _____ (the “Term Bonds”) are subject to mandatory redemption in part by lot, at a redemption price equal to 100% of the principal amount thereof to be redeemed, without premium, in the aggregate respective principal amounts and on June 1 in the respective years as set forth in the following table; provided, however, that if some but not all of the Term Bonds have been optionally redeemed, the total amount of all future sinking fund payments shall be reduced by the aggregate principal amount of the Term Bonds so redeemed, to be allocated among such sinking fund payments in integral multiples of $5,000 as determined by the Authority (as set forth in a schedule provided by the Authority to the Trustee).
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Term Bonds Maturing June 1, ______
Sinking Fund
Redemption Date
(June 1)
Principal Amount
To Be Redeemed
Extraordinary Mandatory Redemption. The Bonds are subject to mandatory redemption prior to maturity in whole or in part, among maturities as determined by the Authority, on any date, at a redemption price equal to 100% of the principal amount thereof to be redeemed (plus accrued but unpaid interest to the redemption date), without premium, from Net Proceeds received under from amounts deposited in the Insurance and Condemnation Fund under the Indenture, and any other funds available under the Indenture for purposes of that fund.
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B-1
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EXHIBIT B
HOLLISTER JOINT POWERS FINANCING AUTHORITY
2022 LEASE REVENUE BONDS
(Road Improvement Projects)
FORM OF ISSUE PRICE CERTIFICATE
The undersigned, on behalf of Stifel, Nicolaus & Company, Incorporated (“Stifel”) hereby certifies as set forth below with respect to the sale and issuance of the above -captioned bonds (the “Bonds”).
1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A.
2. Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) Stifel offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication fo r the Bonds is attached to this certificate as Schedule B.
(b) As set forth in the Bond Purchase Agreement, dated March __, 2022, by and among Stifel, the Issuer and the City of Hollister, Stifel has agreed in writing that, (i) for each Maturity of the Hold-the-Offering-Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker -dealer who is a party to the retail distribution agreement, to comply with the hold-the-offering-price rule.
Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold-the-Offering-Price Maturities at a price that is higher than the respective Initi al Offering Price for that Maturity of the Bonds during the Holding Period.
3. Defined Terms.
(a) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.”
(b) Hold-the-Offering-Price Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.” (c) Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date, or (ii) the date on which Stifel has sold at least 10% of such Hold-the-Offering- Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Ho ld- the-Offering-Price Maturity.
(d) Issuer means the Hollister Joint Powers Financing Authority.
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(e) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities.
(f) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter.
The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is _____, 2022. (h) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).
The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Stifel’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder.
The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecting the Bonds, and by Jones Hall, A Professional Law Corporation in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds.
STIFEL, NICOLAUS & COMPANY,
INCORPORATED
By:
Name:
By:
Name:
Dated: _________ __, 2022
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SCHEDULE A
SALE PRICES OF THE GENERAL RULE MATURITIES AND INITIAL OFFERING
PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES
(Attached)
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SCHEDULE B
PRICING WIRE OR EQUIVALENT COMMUNICATION
(Attached)
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PROOF OF PUBLICATION
{2015.S C.C.P.)
STATE OF CALIFORNIA
County of San Benito
I am a resident of the State of California and
over the age of eighteen years, and not a
party to or interested in the above entitled
matter.
I am the principal clerk of the publisher of the
Free Lance, published in th~ city _of Hq_lJLstE:!r,
County of San Benito, State of California,
Friday, and on line for wh ich said newspaper
has been adjudicated a newspaper of genera l
circulation by the Superior Court of the
County of San Benito, State of California,
under the date of June 19, 1952, Action
Number 5330 , that the notice of wh ich the
annexed is a printed copy had been published
i n each issue thereof and not in any
supplement on the following date(s):
March 11, 2022.
I, under penalty of perjury, that the foregoing
is true and correct . This declaration has been
exe cuted on March 11, 2022.
HOLLISTER FREE LANCE
615 San Benito Street, Suite 210
Hollister, CA 95023
~-~~ Juli ana B. Pulcrano /
Legal Pub li cations Spec ial ist
Hollister Free Lance,
Gilroy Dispatch, Morgan Hill Times
Phone # ( 408) 709 3952
E-m ail: jpulcrano@newsv med ia.com
Websi te: www.sanbenito .com
City of Hollister
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN ,
pursuant to Section 6586.5 ot
the California Government Code,
that the City Council of the City
of Hollister (the "City") will hold a
public hearing on Monday, March
21. 2022. at its 6:30 p.m. meeting.
tobeheldatCityHall. in the
Council Chambers, located at 375
Fifth Street Hollister. California
2 .
At the public hearing, the City will
consider the pr<?l)Osed issuance
of bonds by the Hollister Joint
Powers Financmg Authority for
thepurposeofprovidingfinancing
for a portion of the costs of public
capital facilities for the City,
anticipated to consist of roadway
improvement projects.
At the public hearing. the City
will determine whether there
are significant public benefits
to citizens of the City from such
proposed financing, including
a more efficient delivery of
City services to residential and
commercial development and
demonstrable savings in effective
interest rate. bond preparation,
bond underwriting and bond
1 issuance costs (in accordance
: with Section 6586 of the California
) Government Code). All interested
persons may appear at the public
heanng to address the Cityon the
foreg01ng matters.
CITY OF HOWSTER
By Christine Black. MMC
Publish: March 11. 2022
(Pub HF 3/11)
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: February 24, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Fire
Bob Martin Del Campo, Fire
Chief
CONTACT: Delia Ramon, Administrative
Assistant
831-636-4325
SPONSOR(S): Burns
TITLE OF ITEM: RESOLUTION NO. 2022-41, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER DECLARING THE CONDITION OF
CERTAIN PROPERTIES TO CONSTITUTE A PUBLIC NUISANCE AND ORDERING
THE ABATEMENT OF WEEDS THEREON, AND NOTICING A HEARING FOR THE
RECEIPT OF OBJECTIONS TO THE PROPOSED AB ATEMENT
BRIEF DESCRIPTION: This Resolution starts the legal process for the 2022 Weed Abatement Program declaring the condition of certain prop erties to constitute a public nuisance due to the existence of weeds and noticing a hearing for the receipt of objections by property owners to the proposed abatement by the City.
RECOMMENDATION: Staff recommends City Council ADOPT a Resolution declaring the condition of certain properties to constitute a public nuisance, ordering the abatement of weeds thereon, and noticing a public hearing for the receipt of objections to the proposed abatement.
DEPARTMENT SUMMARY: All year the City has a weed abatement program to reduce the fire hazard and other noxious and dangerous aspects of weeds growing on public and private property. This Resolution declares certain properties to constitute a public nuisance, orders their abatement by May 1, 2022, and sets a public hearing for May 2, 2022 and orders notice of the hearing to be sent to affected property owners.
Unless the owners prior to the City’s deadline abate the weeds, the City will cause the work to be performed and charge the costs as liens filed agains t the property on which abatement is performed.
FINANCIAL IMPACT: Estimated costs $10,000 (to be recovered by property owners)
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. 2022-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
DECLARING THE CONDITION OF CERTAIN PROPERTIES TO CONSTITUTE A
PUBLIC NUISANCE AND ORDERING THE ABATEMENT OF WEEDS THEREON,
AND NOTICING A HEARING FOR THE RECEIPT OF OBJECTIONS TO THE
PROPOSED ABATEMENT
WHEREAS, Government Code Sections 39560 et seq. authorizes the City Council to declare properties in the City to be public nuisances and to abate said public nuisances by causing the removal of all noxious or dangerous weeds growing upon or in front of said properties; and
WHEREAS, the City of Hollister is authorized by state and local law to charge the costs of abatement to the property owner as a lien against the subjected property.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Any properties within City limits found to be in neglect are hereby declared to be public nuisances by virtue of the existence of noxious and dangerous weeds and rubbish thereon, which constitute a fire hazard, and will continue to constitute, ongoing, seasonal and recurrent public nuisances.
2. All rubbish, refuse and dirt of a flammable nature on or adjacent to said properties, and all weeds, as the same are defined in Government Code Section 39561.5, on or adjacent to said properties, unless abated by the owners thereof on or by May 1, 2022, shall be removed and abated by the City in the manner provided for by Government Code Sections 39560, et seq., and the costs thereof shall be assessed as a lien against the property and made a personal obligat ion of the property owner.
3. The City Council shall hear any objections to the proposed abatement of said public nuisances at the Public Hearing on Monday, May 2, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chambers of the City of Hollister, City Hall, 375 Fifth Street, Hollister, California.
4. The City Clerk of the City of Hollister is hereby directed to cause the notice of the adoption of this Resolution and notice of the time and place when objections to the proposed abatement of said public nuisances will be heard, to be given in the manner and form provided for in Section 39567.0 of the Government Code of the State of California.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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 Resolution No. 2022-41, 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 regul ar meeting of said Council held on the 21st 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 21, 2022
SUBMITTED: March 9, 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. 2022-42, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ALLOWING THE USE OF THE 150TH
ANNIVERSARY LOGO
BRIEF DESCRIPTION: The City Council will consider a Resolution allowing the use of the 150th Anniversary logo.
RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution authorizing the use of the 150th Anniversary logo.
DEPARTMENT SUMMARY: The City of Hollister will be celebrating their 150th Anniversary of its incorporation this year. In order to commemorate this momentous occasion, Staff is requesting to feature the 150th Anniversary logo on all official City business throughout the remainder of the year. I ncluding but not limited to City of Hollister letterheads, email signatures, badges, uniforms, and City vehicles.
Logo can be found as “Attachment A” of this report.
Staff recommends that the City Council adopt the attached Resolution authorizing the City of Hollister to utilize the 150th Anniversary logo on all official City business.
FINANCIAL IMPACT: No financial impact at this time.
CEQA: N/A
ATTACHMENTS:
1. Attachment A 150th Logo
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ALLOWING THE USE OF THE 150TH ANNIVERSARY LOGO
WHEREAS, in the year 2022 the City of Hollister is celebrating their 150 th Anniversary of their incorporation; and
WHEREAS, Staff and the Sesquicentennial Committee has respectfully asked the City to feature the 150th Anniversary logo on all official City business throughout the remainder of the year; and
WHEREAS, the City of Hollister may utilize the logo on including but not limited to letterheads, email signatures, badges, uniforms, and City vehicles.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the use of the 150th Anniversary logo.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-42, 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 21st 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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Attachment A
F.2.a
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 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. 2022-43, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE CITY OF HOLLISTER SESQUICENTENNIAL
CELEBRATION
BRIEF DESCRIPTION: The City Council will receive a presentation from the Sesquicentennial Budget Committee and consider a Resolution adopting a budget for this commemorative celebration.
RECOMMENDATION: Staff recommends that the City Council receive the presentation and ADOPT a Resolution that includes a budget for this commemorative celebration.
DEPARTMENT SUMMARY: On October 18, 2021, the City Council received a presentation form the Sesquicentennial Budget Committee on a potent ial 3-day agenda for the City of Hollister sesquicentennial celebration. Staff and the Sesquicentennial Budget Committee received input from City Council on how to proceed in the planning of this historical celebration. In accordance with those suggestions, Staff and the Sesquicentennial Budget Committee is now proposing a revised schedule of events and budget.
FINANCIAL IMPACT: $60,000 (General Fund Reserve 101-300101)
CEQA: N/A
ATTACHMENTS:
1. Budget Transfer-Appropriation Form
2. City of Hollister 150th Celebration
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE CITY
OF HOLLISTER SESQUICENTENNIAL CELEBRATION
WHEREAS, August 6, 2022 marks the 150th anniversary of the City of Hollister; and
WHEREAS, special activities have been planned for the community to celebrate the occasion of this anniversary; and
WHEREAS, the City of Hollister recognizes the importance of this occasion and would like to financially support and collaborate with the Sesquicentennial Committee; and
WHEREAS, the City would like to contribute $60,000 towards this celebration .
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes an Appropriation in the amount of $60,000 for the City of Hollister Sesquicentennial Celebration.
BE IT FURTHER RESOLVED, the Interim Administrative Services Director has determined that sufficient funds are available and that a supplemental appropriation is hereby approved in the amount of $60,000.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-43, 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 21st 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 General Fund 101 1100 710101 60,000
Reserves 101 300101 60,000
Total 60,000 60,000
Explanation of Transaction:
Budget for 150 year celebration.
Prepared by Date
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
F.3.a
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City of Hollister
150th Celebration
March 21, 2022
F.3.b
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City of Hollister
Was incorporated as a City
on August 6, 1872. In 2022
we will be celebrating 150
years. Everyone is invited to
partake in the variety of
festivities that will take
place.
F.3.b
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W e e k 1 (J u l y 4 ) K i c k o f f w i t h F i r e w o r k s S h o w H o s t e d b y t h e C i t y o f H o l l i s t e r
W e e k 2 (J u l y 9 ) D o w n t o w n D a n c e P a r t y w i t h A r t s a n d C r a f t s H o s t e d b y A r t s C o u n c i l a n d F r i e n d s o f t h e L i b r a r y C o n s i s t s p a i n t p a r t y a n d a c o n c e r t i n t h e d o w n t o w n a r e a w i t h d a n c i n g .
W e e k 3 (J u l y 1 6 ) S t r e e t F e s t i v a l H o s t e d b y t h e H o l l i s t e r D o w n t o w n A s s o c i a t i o n .
C A L E N D A R O F E V E N T S
PREVIEW
Saddle Horse Show Parade (June 18)
Hosted by the Hollister Downtown Association.
F.3.b
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C A L E N D A R O F E V E N T S
Week 4 (July 23) Parks and Recreation
Hosted by the Recreations Dept.
Fun run and other outdoor events at the Dunne Park and Park Hill
Week 5 (July 30) Beautification Day
Composed of various organizations that will host a City of Hollister cleanup Night Market
Week 6 (August 6) Anniversary Event/Closing Ceremony
Parade with Horses, Cars, School Band and Motorcycles
Anniversary Ceremony with Elected Officials, Raffle Winners will be Revealed, the Unveiling of a Plaque and a Time Capsule.
Ferris Wheel and Carnival Activities
Downtown Restaurant Specials
Ticketed Dinner Event
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1 5 0 Y e a r C e l e b r a t i o n
B u d g e t R e q u e s t
Parade and Ferris Wheel
33.3%Banners, Swag, and Marketing
25%
Downtown Dance Party with Arts and Crafts
16.7%
Time Capsule, Plaque, Closing Ceremony and Reception
16.7%
Night Market
5%
Beautification Day
3.3%
$60,000$60,000$60,000
F.3.b
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Partners
F.3.b
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I'
Corbin
San Benito County
Council
HISTORICAL SOCIETY
I l.:'_A,...&,.1......._....... ----
J 01 N US, JOIN THE FUN
-_-_-I --
ometown, Califor -:
.J ~ ~ Est 1872
girl scouts
HOLLISTER
DOWNTOWN
ASSOCIATION
S.AN BEN I TO PAFIKS FOUNDATION
FRIENDS
--of the --
San Benito County
Free Library
• San Be n ito County
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 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. 2022-44, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $54,000 FROM GENERAL FUND AND AUTHORIZING THE
MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SNIP
BUS FOR SPAY AND NEUTER SERVICES FOR FERAL CATS
BRIEF DESCRIPTION: City Council will consider a Resolution authorizing an appropriation in the amount of $54,000 from the General Fund and authorizing the Mayor to execute a Professional Service Agreement with SNIP Bus to provide low cost spay and neuter services for feral cats.
RECOMMENDATION: Staff recommends Council ADOPT a Resolution authorizing an appropriation in the amount of $54,000 from the General Fund and authorizing the Mayor to execute a Professional Service Agreement with SNIP Bus to provide lo w cost spay and neuter services for feral cats.
DEPARTMENT SUMMARY: The SNIP Bus organization has worked in good faith with the City in providing low cost spay and neuter operations. In February 2022, our agreement with SNIP Bus ended and Staff is seeking to enter into a new contract. This contract will memorialize the arrangement between SNIP Bus and the City for a period of fifteen (15) months which would specifically be for feral cats. Such length will allow us to stay in line with the fiscal year.
FINANCIAL IMPACT: $54,000 General Fund (101-2025-73000)
CEQA: N/A
ATTACHMENTS:
1. SNIP Appropriation
2. Professional Services Agreement _SNIP Bus
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $54,000 FROM
GENERAL FUND AND AUTHORIZING THE MAYOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH SNIP BUS FOR SPAY AND
NEUTER SERVICES FOR FERAL CATS
WHEREAS, it is the City’s desire to provide a spay and neuter program to assist with the feral cat population; and
WHEREAS, SNIP Bus has worked in good faith with the City in performing such services; and
WHEREAS, Staff recommends the establishment of this Professional Services Agreement between SNIP Bus and the City of Hollister for a period of fifte en (15) months in order to be in line with the fiscal year.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the Mayor to execute a Professional Service Agreement with SNIP Bus to provide spay and neuter services once a month for feral cats.
BE IT FURTHER RESOLVED, the Interim Administrative Services Director has determined that sufficient funds are available and that a supplemental appropriation is hereby approved in the amount of $54,000.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-44, 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 21st 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 General Fund Reserves 101 300101 54,000
Animal Control Professional
Services 101 2025 730000 54,000
Total 54,000 54,000
Explanation of Transaction:
SNIP Bus Spay and Neuter services for feral cats to be performed once a month.
Prepared by Date
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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CONTRACT APPROVAL AND SIGNATURE ROUTING FORM
Staff must complete sections 1-11 and attach to original copies of document/contract From (Staff name and Department): Document name and type:
Requires Council Approval:
□No
□Yes
Meeting Date:____________________
Staff Report ID # (MinuteTraq):
________________________________
Project Name:
Vendor Name:
Council appropriation needed:
□No
□Yes (Attach original signed copy of
appropriation form)
Notary required (must indicate/flag which
sections need notarization):
□No
□Yes
Vendor signatures obtained:
□No
□Yes
Number of original copies included:______
□1 Clerk Copy (REQUIRED)
□1 Vendor Copy
□________________________
Signatures needed from:
□Mayor
□City Manager
□City Attorney
□City Clerk
□______________
Needs to be Recorded by County:
□No
□Yes (must include cover sheet for
recorder’s office)
Date to be recorded by:_______________
For Clerk Use Only
□Routed back to staff person (incomplete):____________________________________ □Routed back to staff person (vendor signatures):_______________________________ □Approved by Council:________________________Resolution No:_________________ □Not Approved by Council (return to staff member):_____________________________ Appropriation Form given to Finance (if applicable):____________________________ Number of original copies returned to staff member: ___________________________ Clerk Use Only
Received Date:
Initials:
1 2
3 4
8 6 7
5 9
11 10
Daisy Caceres, City Manager
Spay and Neuter Services of Feral Cats
SNIP Bus
Professional Services Agreement_SNIP 03_2022
03/21/2022
3326
DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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CITY OF HOLLISTER
PROFESSIONAL SERVICES AGREEMENT
FOR
SPAY AND NEUTER SERVICES FOR FERAL CATS
THIS AGREEMENT, made and entered into this 21st day of March, 2022, by and between the City of Hollister, California, a municipal corporation, ("City,") and Spay Neuter Imperative Project, SNIP Bus, (“Contractor”).
1. Description of Project: City desires to retain a contractor to provide spay and neuter services as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.
2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOP E OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."
4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.
DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.
Each such invoice shall be forwarded to City so as to reach it on o r before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be ob ligated to process any payment to Contractor until a correct and complying invoice has been submitted.
6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from o thers, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted p rofessional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.
7. Responsibility of City: To the extent appropriate to this project, City agrees to:
7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.
7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.
7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.
7.4 Designate in writing a person to act as City's representative with respect to work to be performed under t his Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.
8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.
9. Insurance: During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the following insurance coverage:
9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.
9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.
9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.
9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only) DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss. (3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured. (4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.
10. Confidentiality: All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by City, or required by law.
11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.
12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or appl icant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age.
Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.
13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an employer-independent contractor.
Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement. Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.
14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to p roceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.
15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.
16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.
17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.
18. Term; Termination: The term of this Agreement shall commence upon City's issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention.
Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor. In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.
19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.
20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full complian ce with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.
22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.
23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.
24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as wa iver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.
26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.
DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:
Brett I. Miller, City Manager
City of Hollister
375 Fifth Street
Hollister, California 95023
b. To Contractor:
Melanie Scherer
Spay Neuter Imperative Project, SNIP Bus
67 Front Street
Danville, California 94526
Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.
Spay Neuter Imperative Project, SNIP Bus:
Melanie Scherer, CEO/Founder Date
CITY OF HOLLISTER:
Ignacio Velazquez, Mayor Date
ATTEST:
Christine Black, MMC, City Clerk Date
APPROVED AS TO FORM:
Jason Epperson, City Attorney Date
DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 3/10/2022
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~DocuSigned by :
L'1~
EXHIBIT "A"
SCOPE OF SERVICES - BASIC, COMPLETION SCHEDULE
SCOPE OF SERVICES
SNIP Bus shall perform spay and neuter services for feral cats. The clinics shall be hosted at a location designated by the City of Hollister.
COMPLETION SCHEDULE
If approved by City Council, such agreement shall be valid until June 2023.
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EXHIBIT "B"
COMPENSATION
City shall pay Contractor a total amount not to exceed $54,000 comprised of the following:
Spay and neuter services for feral cats once a month.
$3,600 (Monthly service fee) x 3 months (remainder of this fiscal year) = $10,800 $3,600 (Monthly service fee) x 12 months = $43,200
DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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EXHIBIT "C"
PROJECT STAFF
Melanie Scherer, Project Manager, and Associates.
DocuSign Envelope ID: 7DA2D551-F3AD-401E-A50C-AB6819CCF4D7 F.4.b
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 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. 2022-45, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER DECLARING INTENTION TO REIMBURSE
EXPENDITURES FROM THE PROCEEDS OF TAX-EXEMPT OBLIGATIONS
BRIEF DESCRIPTION: City Council will consider a Resolution declaring its expectation that it will issue tax-exempt bonds for capital projects for the Water System, thereby preserving its ability to be reimbursed for such expenditures from bond procee ds if and when they are issued in the future.
RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution declaring its expectation that it will issue tax-exempt bonds for capital projects for the Water System, thereby preserving its ability to be reimbursed for such expenditures from bond proceeds if and when they are issued in the future.
DEPARTMENT SUMMARY: To pay for capital improvements to the Water System, the City anticipates issuing long-term tax-exempt obligations through the Hollister Joint Powers Financing Authority in the future. Timing is not certain, but would likely follow the rate study process currently underway for the Water System.
Provisions of the Internal Revenue Code provide that proceeds of tax -exempt obligations may not be used for the reimbursement of expenditures made prior to the date of issuance of such obligations unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the City declare an intention to reimburse such expenditure.
The resolution declares the City’s intention to issue tax-exempt obligations in the future and reimburse itself from the proceeds thereof, thereby preserving its ability to reimburse itself for cash expended on capital projects of the Water System that the City desires to finance on a long-term basis using bond proceeds. The resolution does not obligate the City to issue bonds in the future.
FINANCIAL IMPACT: N/A
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. 2022-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
DECLARING INTENTION TO REIMBURSE EXPENDITURES FROM THE
PROCEEDS OF TAX-EXEMPT OBLIGATIONS
WHEREAS, the City of Hollister (the “City”) owns and operates a system for the supply, treatment and distribution of water within the service area of the City (the “Water System”); and
WHEREAS, the City proposes to undertake the Project (referenced below), to issue, or cause the issuance of, debt for the Project and to use a portion of the proceeds of such debt to reimburse expenditures made for the Project prior to the issuance of the debt; and
WHEREAS, United States Income Tax Regulations section 1.150-2 provides generally that proceeds of tax-exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, on e of which is a requirement that (with certain exceptions), prior to the payment of any such expenditure, the issuer declare an intention to reimburse such expenditure; and
WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:
Section 1. The City intends to issue or incur long-term obligations (the “Obligations”) for the purpose of financing some or all of the costs of capital improvements to the Water System, including replacing water mains and other pipes, and incidental expenses related thereto (collectively, the “Project”).
Section 2. The City hereby declares that it reasonably expects to pay certain costs of the Project prior to the date of issuance of the Obligations and to use a portion of the proceeds of the Obligations for reimbursement of expenditures for the Project that are paid before the date of issuance of the Obligations.
Section 3. The maximum principal amount of the Obligations to be issued or incurred for the Project is currently estimated to be $20,000,000.
Section 4. Effective Date. This Resolution shall take effect immediately upon its passage and adoption.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of March, 2022, by the following vote:
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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. 2022-45, 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 21st 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 21, 2022
SUBMITTED: March 10, 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. 2022-46, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE UPDATED PILOT
OPERATING AGREEMENT FOR STAND-UP ELECTRIC SCOOTER SHARING PROGRAM WITH BIRD RIDES, INC.
BRIEF DESCRIPTION: The City Council will consider approving the implementation of an updated Pilot Operating Agreement for Stand-Up Electric Scooter Sharing Program with Bird Rides, Inc.
RECOMMENDATION: Staff recommends that the City Council APPROVE the Updated Pilot Operating Agreement for Stand-Up Electric Scooter Sharing Program with Bird Rides, Inc.
DEPARTMENT SUMMARY: On August 2, 2022, City Council implemented a Pilot Operating Agreement for Stand-Up Electric Scooter Sharing System with Bird Rides, Inc. The program consisted of a 12-month period in which Bird Rides, Inc. launched a minimum of 50 electric scooters in strategic locations identified by City Staff based on various factors, such as population density, access to bike lanes and pedestrian pathways, commercial and retail accessibility, etc. The Company became responsible for all maintenance, and operations. The Company has been providing a 24 -hour customer service for safety concerns and complaints. Data received from Bird Rides, Inc. has demonstrated that many residents have utilized this source of transportation.
At the February 7, 2022 City Council Meeting, Council Member Burns requested to see revenue options for the City of Hollister and it’s use of Bird Rides. Staff was able to work with Bird Rides, Inc. Staff and created a revenue sharing adjustment that was considered reasonable to both parties.
Staff is recommending that the City Council approve the implementation of this updated Pilot Operating Agreement.
FINANCIAL IMPACT: Positive Revenue provided to the City $500 Registration Fee + $0.15/ride
CEQA: N/A
ATTACHMENTS:
1. Updated Bird Rides Inc. Pilot Agreement 2022
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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. 2022-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE UPDATED PILOT OPERATING AGREEMENT FOR STAND-UP ELECTRIC SCOOTER SHARING PROGRAM WITH BIRD RIDES, INC.
WHEREAS , it is the City of Hollister’s goal to provide a variety of options for people to make their way around the city comfortably, safely, and reliably; and
WHEREAS, the City took the necessary steps to implement a Pilot Operating Agreement for Stand-Up Electric Scooter Sharing System with Bird Rides, Inc.; and
WHEREAS, Staff received direction from City Council to implement a revenue component to the Agreement; and
WHEREAS, Staff was able to work with Bird Rides, Inc. Staff and create a revenue sharing adjustment that was considered reasonable to both parties. The Agreement is composed of the City of Hollister receiving a $500 registration fee and $0.15/ride.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Updated Pilot Operating Agreement for Stand-Up Electric Scooter Sharing Program with Bird Rides, Inc.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-46, 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 21st 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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CONTRACT APPROVAL AND SIGNATURE ROUTING FORM
Staff must complete sections 1-11 and attach to original copies of document/contract From (Staff name and Department): Document name and type:
Requires Council Approval:
□No
□Yes
Meeting Date:____________________
Staff Report ID # (MinuteTraq):
________________________________
Project Name:
Vendor Name:
Council appropriation needed:
□No
□Yes (Attach original signed copy of
appropriation form)
Notary required (must indicate/flag which
sections need notarization):
□No
□Yes
Vendor signatures obtained:
□No
□Yes
Number of original copies included:______
□1 Clerk Copy (REQUIRED)
□1 Vendor Copy
□________________________
Signatures needed from:
□Mayor
□City Manager
□City Attorney
□City Clerk
□______________
Needs to be Recorded by County:
□No
□Yes (must include cover sheet for
recorder’s office)
Date to be recorded by:_______________
For Clerk Use Only
□Routed back to staff person (incomplete):____________________________________ □Routed back to staff person (vendor signatures):_______________________________ □Approved by Council:________________________Resolution No:_________________ □Not Approved by Council (return to staff member):_____________________________ Appropriation Form given to Finance (if applicable):____________________________ Number of original copies returned to staff member: ___________________________ Clerk Use Only
Received Date:
Initials:
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3 4
8 6 7
5 9
11 10
Daisy Caceres, City Manager Pilot Operating Agreement
Bird
03/21/2022
3338 Rides Inc.
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PILOT OPERATING AGREEMENT
This Pilot Operating Agreement (the “Agreement”) is entered into by and between Bird Rides, Inc., located at 406 Broadway #369 Santa Monica, CA 90401 (the “Company”), and City of Hollister (the “City”) located at 375 Fifth Street Hollister, CA 95023 as of 21st of March 2022.
1. Statement and Purpose
The purpose of this Agreement is to establish interim rules and regulations governing the pilot operation of a Stand-up electric scooter sharing system within the City while this Agreement is in effect (the “Pilot”), and to ensure that the Pilot is consistent with the safety and well-being of bicyclists, pedestrians, and other users of the public rights-of-way.
2. Scope
This Agreement and its terms apply to any proposed deployment of Stand-up electric scooter sharing systems within City’s jurisdictional boundaries. No person shall deploy a Stand-up electric scooter sharing system in the City in violation of this Agreement. This Agreement and the Pilot shall remain in effect for a period of twelve (12) months and shall automatically renew for successive twelve-month periods unless either party provides written notice to the other of its intention not to renew at least ninety (90) days prior to the end of the then -current term.
Nothwithstanding the foregoing, after expiration of this Agreement’s initial twelve (12) m onth term, either party may terminate this Agreement with or without cause upon sixty (60) days written notice to the other party.
3. Procedures
Upon effectiveness of this Agreement, Company shall provide an affidavit of compliance with the terms of this Agreement and provide appropriate indemnification.
4. Fees
Company shall pay City a license fee of $500 upon execution of this agreement. In addition, while this Agreement and Pilot are in effect, Company shall pay the City a revenue -share of $0.15 per ride. Company shall pay the revenue-share to the City on a monthly basis, in arrears within 30 days from the end of the preceding month.
5. Operating Regulations
a. Company, and/or its service providers, agents or assigns, shall be responsible for operating a Stand-up electric scooter program in the City with the below requirements. b. Stand-up electric scooters shall mean a device weighing less than 150 pounds, that has (i) has handlebars and an electric motor, (ii) is solely powered by the electric motor DocuSign Envelope ID: D1C7FF5C-9E88-4AB4-ADB1-23BC581E12E6 F.6.a
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and/or human power, and (iii) has a maximum speed of no more than 20 mph on a paved level surface when powered solely by the electric motor. c. Except as otherwise provided herein, City shall regulate the operation of Stand-up electric scooters in a manner no more restrictive than City’s regulation of bicycles. d. Stand-up electric scooters are to be ridden on streets, and where available, in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths. Users of Stand- up electric scooters shall be 18 or older. Users of Stand -up electric scooters who violate these provisions may be fined by City consistent with fines for cyclists. e. Company shall provide easily visible contact information, including toll-free phone number and/or e-mail address on each Stand-up electric scooter for members of the public to make relocation requests or to report other issues with devices. f. Hours of operation when the Company’s Stand-up electric scooters will be made available to rent for residents are 4 a.m. to midnight (local time). g. Company shall provide a minimum of 50 vehicles at launch. h. When at cap, Company is permitted to increase its fleet size on a monthly basis in the event that the Company’s fleet provides on average of more than two rides per Stand-up electric scooter per day within that Zone. City may request data from Company on a monthly basis to determine and demonstrate the utilization rate of vehicles in Company’s fleet, pursuant to Section 7.
6. Parking
a. Users of Stand-up electric scooters shall park devices upright in the furniture zone of the sidewalk, beside a bicycle rack or in another area specifically designated for bicycle parking, or on the street next to an unmarked curb.
b. Users shall not park Stand-up electric scooters in such a manner as to block the pedestrian clear zone area of the sidewalk; any fire hydrant, call box, or other emergency facility; bus bench; or utility pole or box.
c. Users shall not park Stand-up electric scooters in such a manner as to impede or interfere with the reasonable use of any comm ercial window display or access to or from any building.
d. Users shall not park Stand-up electric scooters in such a manner as to impede or interfere with the reasonable use of any bicycle rack or news rack. e. Users may park Stand-up electric scooters in on-street parking spaces in the following circumstances:
i. When marked parking spaces are officially designated stations for such devices in business districts;
ii. Where the furniture zone is less than three feet wide; iii. Where there is no furniture zone;
iv. In neighborhoods with rolled curbs, or with inadequate sidewalk space; v. In marked parking spaces designated for motorcycles.
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f. Users may park Stand-up electric scooters on blocks without sidewalks only if the travel lane(s) and 6-foot pedestrian clear zone are not impeded. g. Users shall not park Stand-up electric scooters in the landscape/furniture zone directly adjacent to or within the following areas, such that access is impeded:
i. Transit zones, including bus stops, shelters, passenger waiting areas and bus layover and staging zones, except at existing bicycle racks; ii. Loading zones;
iii. Disabled parking zone;
iv. Street furniture that requires pedestrian access (e.g., benches, parking pay stations, bus shelters, transit information signs, etc.); v. Curb ramps;
vi. Entryways; and
vii. Driveways.
h. Users of Stand-up electric scooters who violate these provisions may be fined by City consistent with fines for cyclists.
i. Company may stage its Stand-up electric scooters in permitted parking areas as described in this section. To the extent Company desires to stage Stand-up electric scooters in areas other than the public right-of-way, Company must first obtain the right to do so from the appropriate City department, property owner, or public agency.
7. Operations
a. Company shall maintain 24-hour customer service for customers to report safety concerns, complaints, or to ask questions. Company shall maintain a multilingual website, call center, and/or mobile app customer interface that is available twenty-four hours a day, seven days a week. The aforementioned shall be compliant with the Americans with Disabilities Act.
b. In the event a safety or maintenance issue is reported for a specific device, that S tand- up electric scooter shall be made unavailable to users and shall be removed within the timeframes provided herein. Any inoperable or unsafe device shall be repaired before it is put back into service.
c. Company shall respond to reports of incorrectly parked Stand -up electric scooters, Stand-up electric scooters continuously parked in one location for more than 72 hours, or unsafe/inoperable Stand-up electric scooters, by relocating, re-parking, or removing the Stand-up electric scooters, as appropriate, within 24 hours of receiving notice that must include the location of the Stand-up electric scooter. d. Company shall provide notice to all users that:
i. Stand-up electric scooters are to be ridden on streets, and where available, in bike lanes and bike paths;
ii. Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles on bike lanes and bike paths; iii. Helmets are encouraged for all users;
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iv. Parking must be done in the designated areas; and
v. Riding responsibly is encouraged.
e. Stand-up electric scooter riders are required to take a photo whenever they park their scooter at the end of a ride.
f. Company shall provide education to Stand-up electric scooter riders on the City’s existing rules and regulations, safe and courteous riding, and proper parking.
8. Data Sharing
City may require Company to provide anonymized fleet and ride activity data for all trips starting or ending within the jurisdiction of City on any vehicle of Licensee or of any person or company controlled by, controlling, or under common control with Licensee, provided that, to ensure individual privacy:
a. such data is provided via an application programming interface, subject to Company’s license agreement for such interface, in compliance with a national data format specification such as the Mobility Data Specification;
b. any such data provided shall be treated as trade secret and proprietary business information, shall not be shared to third parties without Company’s consent, and shall not be treated as owned by the local authority; and
c. such data shall be considered personally identifiable information, and shall under no circumstances be disclosed pursuant to public records requests received b y the local authority without prior aggregation or obfuscation to protect individual privacy.
9. Indemnification
Company agrees to indemnify, defend and hold harmless City (and City’s/ County’s employees, agents and affiliates) from and against all actions, damages or claims brought against City arising out of Company’s negligence or willful misconduct, except that Company’s indemnification obligation shall not extend to claims of City’s (or City’s employees’, agents’ or affiliates’) negligence or willful misconduct. City expressly acknowledges that in no event shall Company be liable for any special, indirect, consequential or punitive damages. Company’s indemnification obligations shall survive for a period of three (3) years after expiration of this Agreement. Company shall be released from its indemnification obligations under this section if the loss or damage was caused by the City’s negligent construction or maintenance of public infrastructure. City’s right to indemnification shall be contingent on City notifying Company promptly following receipt or notice of any claim; City shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Company.
10. Insurance
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Company shall provide City with proof of insurance coverage exclusively for the operation of Stand-up electric scooters including: (a) Commercial General Liability insurance coverage with a limit of no less than $2,000,000.00 each occurrence and $5,000,000.00 aggregate; (b) Automobile Insurance coverage with a limit of no less than $2,000,000.00 each occurrence and $2,000,000.00 aggregate; (c) Umbrella or Excess Liability coverage with a limit of no less than $5,000,000.00 each occurrence/aggregate; and (d) where Company employs persons within the City, Workers’ Compensation coverage of no less than the statutory requirement.
Company shall have City named as an additional insured party on Commercial General Liability policies. Further, Company shall provide proof of all such insurance coverage to City within thirty (30) days of full execution of this Agreement. Company agrees that it shall notify City immediately upon cancellation, termination, or any alteration in such insurance.
11. Delivery of Notices
a. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
City: City of Hollister
375 Fifth Street, Hollister, CA 95023
Attn: Brett I. Miller, City Manager
Phone: (831) 636-4300
E-mail: [email protected]
Company: Bird Rides, Inc.
406 Broadway, Suite #369 Santa Monica, CA 90401
Attn: Legal Department
E-mail: [email protected]
12. Exclusivity
a. This designation may not be assigned or transferred to any other party. The parties acknowledge that Company may utilize independent business logistics providers to facilitate local operations. Company’s use of these logistics providers does not constitute a transfer or assignment of this Agreement, and Company remains responsible for all obligations and requirements under this Agreement.
b. This section shall not apply to the private sale or rental of Stand -up electric scooters, provided that such scooters are not placed in the public right-of-way for shared public use.
c. No exclusivity is imputed or implied as to the market for shared mobility services generally, and this agreement and designation shall not apply to the operation of any shared mobility service with any vehicle other than Stand-up electric scooters.
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CITY OF HOLLISTER BIRD RIDES, INC.
Ignacio Velazquez, Mayor Austin Marshburn Head of City and University Partnerships
ATTEST:
Christine Black, MMC, City Clerk
APPROVED AS TO FORM:
Epperson Law Group PC
Jason S. Epperson, City Attorney
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~DocuSigned by : L:=7~~
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 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. 2022-47, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING RESOLUTION NO. 2021-66 AND THE MEMORANDUM OF UNDERSTANDING FOR "CARES ACT" COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)-V1, FUNDS, EXPANDING SUBSISTENCE
PAYMENTS TO LOW INCOME RESIDENTS FOR UTILITY PAYMENT
BRIEF DESCRIPTION: City Council will consider adopting a Resolution that would authorize the City Manager and City Attorney to amend the Memorandum of Understanding between the City of Hollister, San Benito County and City of San Juan Bautista, by expanding the use of funds for Subsistence Payments to Low Income Residents for Utility Payments from just eligible City residents, to al l eligible County residents, in an effort to expend the funds before the May 2022 deadline.
RECOMMENDATION: Staff recommends that the City Council ADOPT the attached Resolution and authorize the City Manager and City Attorney to amend the Memorandum of Understanding between the City of Hollister, San Benito County and City of San Juan Bautista, by expanding the use of funds for Subsistence Payments to Low Income Residents for Utility Payments from just eligible City residents, to all eligible County residents, in an effort to expend the funds before the May 2022 deadline.
DEPARTMENT SUMMARY: Community Development Block Grant (“CDBG”) funds are a federal resource for local governments administered through the Department of Housing and Urban Development (“HUD”) to improve low-income neighborhoods, assist with affordable housing, and serve low-income citizens. Council was briefed about these programs in December 2019. The CARES Act made CDBG funds available to all cities. The simplest and most effective way to use this small amount of grant funds is to combine it with the County and City of Hollister, into a rent payment and utility payment assistance program for persons experiencing a loss of income due to job loss or work reduction caused by the pandemic.
The City of Hollister funds have all been distributed but there remains a collective balance of $105,307. A meeting between the City of San Juan Bautista, the County of San Benito, and City of Hollister staff occurred February 9, 2022 to discuss the best and quickest way to use the remaining utility payment funds. It was agreed to seek and amendment from the three elected bodies to allow these funds to be used County-wide, rather than being restricted to use in each jurisdiction. Specifically, the MOU would be amended broadening the use of San Juan Bautista “CDBG V1” funds from just City residents to all County residents.
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It makes sense that keeping the funds to assist low-income residents in the County is a better result than returning the funds to the State Department of Housing and Community Development for use in another County. The attached proposed Resolution recommends this action to be taken as soon as possible in a best effort to disburse all funds before the deadline.
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. Amended MOU
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING RESOLUTION NO. 2021-66 AND THE MEMORANDUM OF UNDERSTANDING FOR "CARES ACT" COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)-V1, FUNDS,
EXPANDING SUBSISTENCE PAYMENTS TO LOW INCOME RESIDENTS FOR
UTILITY PAYMENT
BE IT RESOLVED by the City Council of the City of Hollister as follows:
SECTION 1:
Whereas, the County Board of Supervisors on August 18, 2020 adopted a Resolution No. 2020-58 authorizing submission of an application for funding from the 2020 Community Development Block Grant (CDBG) Program -Coronavirus Response (CDBG-CV1) N.O.F.A. in partnership with the County of San Benito and City of San Juan Bautista.
SECTION 2:
Whereas, Resolution No. 2020-58 was amended on April 13, 2021 by Resolution No. 2021-31 at the direction of the State HCD to remove the Public Se rvice Activity of rental assistance since this activity was no longer an eligible activity under the CDBG -CV1 N.O.F.A. The application was changed to subsistence payments for utility assistance with each jurisdiction receiving their own allocation to be used for eligible low and moderate income individuals and households residing in each of the their jurisdictions.
Section 3:
Whereas, due to the low expenditure rates for the jurisdictions of San Juan Bautista and San Benito County and to minimize the risk of returning unspent funds by the contract expiration date of May 28, 2022, there is a further need to amend the City of Hollister’s Resolution No. 2021-66 to allow the use of each individual jurisdiction’s funding to serve eligible households residing anywhere within the three jurisdictions. As a result, there is a need to further amend the Memorandum of Understanding to reflect the use of the entire CDBG-CV1 funding allocation of $316,267 to serve eligible households residing within any of the three jurisdictions.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister Resolution 2021-66 is hereby restated and amended in its entirety as follow:
Section 4:
The City Council of the City of Hollister has reviewed and amends Resolution No. 2021- 66 and approves the use of San Benito’s allocation in the amount of $101,532 to serve eligible households residing in any of the three jurisdictions. Furthermore, the total funds allocated to the City of San Juan Bautista in the amount of $5 2,753 and the City of Hollister in the amount of $125,477 will be available to serve eligible households residing in any of the three jurisdictions in the aggregate amount, not to exceed, of $316,262 for the following CDBG-CV1 activity, pursuant to the 2020 CDBG CV-1 NOFA:
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Public Service: Subsistence Payments for Utility Assistance for eligible low - and-moderate-income persons affected by Covid-19 and residing within the jurisdictions of the City of Hollister, the City of San Juan Bautista, and San Benito County:
SECTION 3:
The City of Hollister acknowledges compliance with all state and federal public participation requirements in the development of its application.
SECTION 4:
The City Council hereby authorizes and directs the City Manager, or its designee, to execute the amended Memorandum of Understanding and to act on the City’s behalf in all matters pertaining to such documents.
SECTION 5:
If an application is approved, the City Manager, or its designee, is authorized to enter into, execute and deliver the standard agreement and any and all subsequent amendments thereto with the State of California for the grant purposes.
SECTION 6:
The City Manager, or its designee, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-47, 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 21st 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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1 SECOND AMENDMENT TO THE 2021 MEMORANDUM OF
UNDERSTANDING BETWEEN THE COUNTY OF SAN BENITO AND CITY OF
HOLLISTER AND THE CITY OF SAN JUAN BAUTISTA FOR THE SUBMITTAL OF AN APPLICATION AND OPERATION OF A CDBG -CV1 UTILITY
ASSISANCE PROGRAM TO BE FUNDED BY CDBG-CV1 GRANT FUNDS.
WHEREAS, the County of San Benito and the City of Hollister and City of San Juan Bautista entered into a Memorandum of Understanding ("MOU") for the preparation and submittal of an application and operation of a CDBG-CV1 Public Services Utility Assistance Program to be funded by CDBG-CV1 grant funds.
WHEREAS, due to the low expenditure rates for the jurisdictions of San Juan Bautista and San Benito County and to minimize the risk of returning unspent funds by the contract expiration date of May 28, 2022, there is a further need to amend the MOU to allow the use of each individual jurisdiction’s funding to serve eligible households residing anywhere within the three jurisdictions.
NOW THEREFORE, the County of San Benito and the City of Hollister and City of San Juan Bautista agree as follows:
I. The following sections of the original MOU are amended as follows:
1. TITLE: The title to the original MOU is amended to read as follows:
SECOND AMENDMENT TO THE 2021 MEMORANDUM OF UNDERSTANDING BETWEEN
THE COUNTY OF SAN BENITO AND CITY OF HOLLISTER AND THE CITY OF SAN JUAN BAUTISTA FOR THE SUBMITTAL OF AN APPLICATION AND OPERATION OF A CDBG-CV1 UTILITY ASSISTANCE PROGRAM TO BE FUNDED BY CDBG-CV1 GRANT FUNDS. .
2. Section 2 [Purpose] is amended to read as follows:
Purpose. The purpose of this MOU is to establish the terms and conditions under which the Parties will operate a utility assistance program to serve low- and moderate-income individuals and households within each of the three stated jurisdictions to be funded by the Community Development Block Grant (CDBG-CV1 ) as administered by the State of California Department of Housing and Community Development (Department. This utility assistance program received funding in the total amount of $316,267 from which the County of San Benito was allocated $101,532, the City of Hollister was allocated $151,177 and the City of San Juan Bautista was allocated $63,558. The shared activity of utility assistance will consist of conducting public outreach to the low - and moderate- income individuals and households residing in each of three jurisdictions who have been impacted by the Covid19 pandemic. Intake and assessment of applicants shall be determined for eligibility in the proposed utility assistance program. Upon establishing F.7.a
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2 eligibility, appropriate staff shall determine the amount of utility assistance to be provided in accordance with CDBG/-Covid19 program guidelines.
This MOU further allows the use of each individual jurisdiction’s funding to serve eligible households residing anywhere within the three jurisdictions. for the entire CDBG -CV1 funding allocation of $316,267.
II. All other terms of the MOU remain in effect unless amended by this First Amendment.
III. This First Amendment is contingent on upon being approved by the City of Hollister and City of San Juan Bautista.
Agency 1: County of San Benito:
______________________________________________________________________________ Enrique Arreola, Deputy Director Date:
Agency 2: City of Hollister:
Brett I. Miller, City Manager Date:
Agency 3: City of San Juan Bautista:
Don Reynolds, City Manager. Date:
APPROVED AS TO LEGAL FORM
SAN BENITO COUNTY COUNSEL
________________________________
Irma F. Valencia
Deputy County Counsel
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 7, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390
TITLE OF ITEM: RESOLUTION NO. 2022-48, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER ADOPTING THE ART & CULTURE
COMMISSION BYLAWS AND PUBLIC ART POLICY THEN RESCINDING IN ITS ENTIRETY RESOLUTION 2016-59
BRIEF DESCRIPTION: This item would adopt the Arts & Culture Commission Bylaws and new Public Art Policy then rescind in its entirety Resolution 2016-59, a Resolution of the City council adopting a Public Art Policy in partnersh ip with the San Benito County Arts Council.
RECOMMENDATION: The City Council ADOPT the Arts & Culture Commission Bylaws and new Public Art Policy then rescind in its entirety Resolution 2016-59.
DEPARTMENT SUMMARY: On February 16, 2021 the City Council of the City of Hollister approved Resolution 2021-31, establishing an Arts & Culture Commission.
The commission made up of five (5) members that were appointed by the City Council worked diligently creating new bylaws and a Public Art Policy. In addition, the commission established an effective method to include a liaison between the city and San Benito Art Council along with a local youth member.
FINANCIAL IMPACT: $0
CEQA: N/A
ATTACHMENTS:
1. FINAL 2016-05-02 R59 Public Art Policy
2. 2022-2-8 FINAL- ACC BY LAWS-Public Art Policy
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING
THE ART & CULTURE COMMISSION BYLAWS AND PUBLIC ART POLICY THEN RESCINDING IN ITS ENTIRETY RESOLUTION 2016-59
WHEREAS, On February 16, 2021 the City Council of the City of Hollister approved Resolution 2021-31, establishing an Arts & Culture Commission; and
WHEREAS, The commission made up of five (5) members appointed by the City Council worked diligently creating new bylaws and a Public Art Policy; and
WHEREAS, the commission established an effective method to include a liaison between the city and San Benito Art Council along with a local youth member; and
WHEREAS, the City Council of the City Hollister rescinded in its entirety Resolution 2016-59, a Resolution of the City council adopting a Public Art Policy in partnership with the San Benito County Arts Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:
1. That the above recitations are true and correct.
2. That the City Council approves the bylaws and a Public Art Policy of the Arts and Culture Commission
3. That the Arts and Culture Commission shall consist of five (5) voting members appointed by the City Council and two (2) non-voting member and will be comprised of members who reside in the City of Hollister.
4. That Resolution 2016-59 a Resolution of the City council adopting a Public Art Policy in partnership with the San Benito County Arts Council is rescinded in its entirety
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-48, 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 regu lar meeting of said Council held on the 21st 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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RESOLUTION NO. 2016-59
A RESOLUTION OF THE CITY COUNCIL ADOPTING A PUBLIC ART POLICY IN
PARTNERSHIP WITH THE SAN BENITO COUNTY ARTS COUNCIL (SBCAC) WHEREAS, the City Council supports art in public places; and WHEREAS, the City Council desires to partner with the San Benito County Arts Council to establish a policy to promote art in public places that promotes the City's diverse, social and cultural perspectives with a process of public engagement; and WHEREAS, the development of art in public places implements General Plan Land Use and Design Element Goal 1 to organize and design the city with an attractive and positive image; and
WHEREAS, the City of Hollister Public Policy in Exhibit 1 of this resolution was developed in consultation with the San Benito County Arts Council stakeholders, the Hollister Downtown Association and reviewed at a City Council Study Session on April 11, 2016.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the City of Hollister Public Art Policy.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this 2nd day of May, 2016, by the following vote:
AYES: Council Members Klauer, Gomez, Friend, Luna, and Mayor Velazquez.
NOES: None.
ABSENT: None.
ATTEST:
Thomas A. Graves, GMC ,i City
Ignacio Velazquez, Mayor
APPROVED AS TO FORM:
L +G LLP, Attorneys at ~aw
~k
Bradley Sullivan, City Attorney
DUPLICATE OF ORIGINAL
ON Fl,OON THE OFFICE OF CITY CLERK
CITY OF LISTER
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Overview
EXHIBIT 1
City of Hollister
Public Art Policy
The City of Hollister City Council is committed to promoting art in public places that reflects diverse social and cultural perspectives in our community to enrich the lives of the City's residents and visitors, and contribute to the vitality of the City's economic development. San Benito County Arts Council (SBCAC) will serve as the primary partner to the City of Hollister on Public Art policies and procedures. The City of Hollister Public Art Review Committee (the "Review Committee") will review and make recommendations to the City Council regarding all works of art to be acquired by the City, either by purchase, gift or otherwise and exterior works of art installed in the City on public property. The SBCAC will host regular public meetings/gathering to foster networking, information sharing and an invitation for the community engage in a wide-ranging exploration of points of view and mediums in art.
Goal: The intent of the City of Hollister Public Art
A. Definition of Permanent Public Art -Permanent public art is that which is installed for one year or more in open and freely accessible areas designated as a public area, lobbies and public assembly areas of City property, or on non-City property if the work is installed or financed, either wholly or in part, with City funds or grants procured by the City.
B. Acquisition Policy-It is the policy of the City to encourage art in public places and to act as the conduit for the purpose of administration of a public art policy.
C. Acquisition Procedures-
a. The SBCAC shall solicit public engagement at the onset of all new public art projects. b. All acquisitions and proposals as recommended by SBCAC shall require review and approval by the City Council.
c. All acquisitions, whether purchased by or gifted to the City, shall require an agreement addressing the terms of the acquisition; installation, instructions for maintenance; the manner in which work may be deaccessioned; and copyright, reproduction, and resale issues.
d. Funding for the installation shall be secured by the SBAC and the cost of maintenance must be determined prior to the acquisition. e. The value of the work shall be agreed upon between the artist and the City.
D. Records -Complete records shall be made and maintained by the SBCAC.
E. Review Policy-It is the policy of the City that all proposed acquisitions or gifts will be reviewed by a Review Committee (the "Committee") and that specific criterion be used in the approval process.
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EXHIBIT 1
1. The Committee shall be made up of seven members with the Executive Director of the SBCAC, member of the SBCAC selected by the SBCAC, a member of the community-at-large with expertise in public art selected by the SBCAC, a member of the Hollister Downtown Association selected by the HDA, a member of the City Staff selected by the City Manager, a member of the community-at-large with expertise in architecture, design, engineering or similar field selected by the City Council and a member of the Youth Commission selected by the City Council. Any vacancy in the membership of the Review Committee shall be filled for the unexpired term by appointment by the entity that made the original appointment. b. The term of office shall be for four years commencing on July 1st of each year except the for the Youth Commissioner, which will have a two year term In order to provide continuity of the Committee, the terms of the first seven members shall be staggered. Three of the first seven members shall have a term of two years with one member appointed by the SBCAC, the second member appointed by the City Council and the third the Youth Commissioner appointment. The remaining four of the first seven members shall have a term of four years.
1. The Committee shall assist with fundraising for acquisition and maintenance of public art.
c. The Committee shall keep a written record of decision of the review of submissions.
Agendas of the Committee shall be posted at City Hall, the City of Hollister and the SBCAC home pages and the location of the meeting. All meetings will be subject to the Brown Act.
d. Review Procedures -All submissions shall include a rendition of the work, a written description of the work Including dimensions and material, proposed placement, a maintenance plan, and an estimated value.
1. The City of Hollister Public Art Review Committee (the "Review Committee") review criteria shall include:
i. quality of work
ii. experience and abilities of the artist
iii. style and nature and appropriateness for all ages
iv. permanence and technical feasibility
v. budget
vi. diversity
vii. benefit
viii. placement & public accessibility
ix. ability to provide ongoing maintenance and repair at a reasonable cost x. public safety and liability
xi. permanence
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EXHIBIT 1
xii. aesthetics/enhance surroundings
xiii. compliance with the Americans with Disabilities Act xiv. originality
2. A recommendation will be made by a super majority of the Committee. The Committee member appointed by the City Manager shall be responsible for forwarding recommendations to the City Council.
F. Installation Policy-It is the policy of the City to allow installation of works of public art in areas in which they will provide the greatest benefit to the community. a. Installation Procedures: When determining the site of installation, the following criteria will be considered:
1. public safety
2. visibility
3. lighting
4. traffic patterns
5. function of the facility/site
6. relationship of the proposed work to pre-existing works on the site
7. future development plans for the area
8. landscape design
9. environmental assessment
10. public accessibility
11. appropriateness of the physical characteristics of the site
12. relationship to the social and cultural identity of the immediate community b. Installation costs will be the responsibility of the artist or donating party unless otherwise stipulated in the agreement.
c. Each artwork shall be identified by a plaque stating the artist's name, artwork title, and the date the artwork was dedicated. The cost and installation of the plaque shall be the responsibility of the artist or donating party unless otherwise stipulated in the agreement.
G. Maintenance Policy-It is the policy of the City to keep works of public art in their intended condition through inspection (cursory inspection by City staff and annual inspection by the SBCAC) and required maintenance.
a. Maintenance Procedures:
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1. Before public art is accepted by the City there shall be a plan and budget for its maintenance requirements and for the funding thereof.
2. Written instructions from the artist or donor for the proper care and maintenance of each work are required.
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EXHIBIT 1
3. City staff will perform a cursory inspection of installed works as part of the regular and customary maintenance of the site.
4. SBCAC will perform an inspection and inventory prior to the end of each fiscal year of all works and provide a written report of findings to the City. SBCAC will advise the City Council on any maintenance issues.
H. Deaccession Policy-It is the policy of the City to maintain its permanent collection of public art in good condition and in keeping with the historical and cultural values of the community and will deaccession the work if the values are no longer met or if it is determined that maintenance costs are not feasible.
a. Deaccession Procedures:
1. An agreement regarding the manner in which the work may be deaccessioned shall accompany all acquisitions.
2. Physical evaluations may take place annually by the SBCAC and a written report will be prepared by the SBCAC and be submitted to Council for every work in the City's collection.
3.The following criteria will be used when determining deaccession of a work of art:
i. if the City cannot properly care for or store the work ii. if the aesthetic or the historical/cultural value of the work is no longer evident
iii. if the work demonstrates faults in design or workmanship iv. if the condition of the artwork requires repair or restoration in excess of the value or in excess of the funds allotted in the acquisition agreement or available from the City.
4.The City shall dispose of all deaccessioned works in accordance with the terms specified in the acquisition agreement or, if no terms are specified, by sale, trade, transfer or destruction. Ethical standards will apply.
5. Any and all monies raised from deaccession will be added to the Community Culture & Art Fund and in keeping with the California Resale Royalties Act .
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HOLLISTER ARTS AND CULTURE ADVISORY COMMISSION
BYLAWS
The Arts and Culture Commission of the City of Hollister is committed to promoting art in public places that reflects diverse social and cultural perspectives in our community to enrich the lives of the City’s residents and visitors, and contribute to the vitality of the City’s economic development.
ARTICLE I — THE COMMISSION
Section 1. Name: The name of this body is the "Hollister Arts and Culture Advisory Commission".
Section 2. Composition: The Arts and Culture Commission shall consist of five (5) commissioners appointed by the City Council and serve a t the Council’s pleasure, none of whom shall hold any paid office or employment in the City government.
Section 3. Term of Office: Members shall be qualified electors of the city and shall serve for a term of four years. The four-year terms of the commission members shall be consistent with the Council Member that appointed them. All members must remain residents of the city while serving on the arts and culture commission.
The members shall not receive any compensation for their attendance of commission meetings or any other services rendered as a commission member, provided, however, that any actual and necessary expenses incurred by a commission member in the performance of his or her duties on the commission may be paid if funds are available in the budget approved by city council and the individual expenses are approved by the City Manager or his designee. Any vacancy occurring other than by expiration of a term of office shall be filled by city council appointed for the unexpired portion of the term. Each Commission member serves at the pleasure of the Council Member who appointed them and the Commission Member may be removed at any time, with or without cause.
Attendance Policy:
Commissioners are expected to attend all meetings of the Arts and Culture Commission.
Attendance and ongoing participation of the Advisory Commission are critical to the commission’s success. Any member of the Commission who has two (2) unexcused absences during a regular meeting, special meeting, or commission sanctioned events within one calendar year shall constitute an automatic resignation. Attendance records shall be kept and members shall be informed by letter when he or she has reached two unexcused absences from regular meetings, special meetings, or commission sanctioned F.8.b
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events. Absences will be deemed as excused and recorded in the Arts and Culture minutes if the Chairperson or City Staff is notified of a Commissioners absence.
Resignations: A Commissioner wishing to resign prior to expiration of the Commissioner's term shall submit to the City Clerk a written resignation which states the effective date of the resignation. If said written resignation fails to state the date the resignation shall be effective, then resignation shall be effective upon receipt of the written resignation by the City Clerk. In the event that a Commissioner states verbally or in any other form that the Commissioner is resigning but fails to provide to the City Cler k said written resignation notice, then resignation shall be effective upon adjournment of the next regularly scheduled Commission meeting, or upon the expiration of 31 calendar days, whichever is soonest.
Section 4. Duties and Responsibilities of the Commission: To advise the City Council on all matters affecting the culture of the city. The Arts and Culture Commission shall advise and assist other city council and commissions in the field of the fine arts and encourage programs in the fine arts. The fine arts which includes but is not limited to painting, sculpture, architecture, poetry, music, literature, theatre and dance. Commissioners shall help to promote the cultural enrichment of the community by establishing an effective liaison between the city and local cultural and artistic groups.
Commissioners must undertake and carry out all functions reasonably necessary to accomplish the objectives and to discharge the functions of the commission and to exercise such other functions as may be prescribed by the city council.
Study and consider long-range plans for the development and improvement of the Hollister Arts and Culture, giving due regard to the Arts and Culture General Plan, and the needs of the citizens of Hollister.
Study and recommend on matters relating to the present and future need for services to be rendered to the general public. Study and recommend on matters relating to Arts and Culture improvements, including methods of financing and MOU agreements.
Review and recommend on special permits and proposals that deviate from the adopted Arts and Culture General Plan. Perform other related duties as directed by the City Council.
ARTICLE II — COMMITTEE MEMBERS
The committee shall be composed of a total of five (5) voting members and two (2) non- voting members. The non-voting member represents the San Benito County Arts Council or a Hollister Downtown Association Board member and a youth community member , serving in an advisory capacity to the Advisory Committee. The members represent the following areas of the Arts and Culture commission:
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Youth Arts Member- One (1) non-voting Representative
San Benito County Arts Council- One (1) non-voting representative City of Hollister District 1- One (1) Representative
City of Hollister District 2- One (1) Representative
City of Hollister District 3- One (1) Representative
City of Hollister District 4- One (1) Representative
City of Hollister Mayoral At-Large- One (1) Representative Section 1 Titles: The officers of this Commission are Chairperson, Vice- Chairperson, and Executive Secretary.
Section 2 Chairperson: The Chairperson will preside at meetings of the Commission, help City staff prepare the agenda, ensure that all commissioners’ voices are heard, be the public voice of the Commission, and in general do all things ordinarily required of a commission chair.
Section 3 Vice-Chairperson: In the absence of the Chairperson, the Vice- Chairperson will preside at meetings of the Commission. In the absence of both the Chairperson and the Vice-Chairperson, if enough commission members are present to constitute a quorum (3), the members present shall designate an Acting Chairperson for the meeting.
Section 4 Communication with Staff: Commission members are encouraged to communicate directly with the Recreation Services Manager regarding ideas, future plans, current activities, and concerns at the Recreation Department. All requests requiring utilization of staff time must be approved by the City Manager.
Section 5 Executive Secretary: The City Manager will appoint the Executive Secretary of the Commission and will carry out the administrative details of the Commission, including keeping the records of Commission meetings, acting as Secretary at all meetings of the Commission, recording all votes, preparing the agenda and minutes of Commission meetings, serving as technical advisor to the Commission, and at the direction of the City Manager providing necessary research and fact finding services.
Section 6 Election of Officers: Annually, at the regularly scheduled June meeting, the Commission will elect from among its members a Chairperson and Vice-Chairperson to serve for a term of one year. These positions are limited to two consecutive terms of office.
Section 7 Vacancy of Chairperson or Vice Chairperson: If the office of Chairperson or Vice-Chairperson becomes vacant, the Commission will elect a successor from its membership at the next regular meeting, and such election will be for the unexpired term of the office.
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ARTICLE III — MEETINGS
Section 1. Date of Regular Advisory Commission Meetings. Regular meetings of the Arts and Culture Commission shall be held on the second Tuesday of January, February, March, April, May, June, August, September, October, and November each year as shown on the calendar, which the Commission shall adopt at the first meeting of Arts and Culture Commission of each fiscal year.
Section 2. Time of Regular Advisory Committee Meetings. Regular meetings of the Arts and Culture Commission shall commence at 6:00 p.m. and continue until all agenized business is concluded, unless adjourned earlier on motion of the Commission for any reason or by the Chair or Secretary for lack of a quorum or unavailability of a meeting location due to an emergency. Alternate Meeting Times: Alternate meeting times and places are acceptable as long as public notice is given in accordance with the provisions of the Brown Act and other applicable laws.
Section 3. Location of Regular Advisory Committee Meetings. Unless otherwise stated on the posted meeting agenda, regular meetings of the Arts and Culture Commission shall be held in the Council Chambers of City Hall, 375 Fifth Street, Hollister, California. Meeting Cancellation: Meetings shall be cancelled if there is not sufficient business to discuss or if a quorum of the Commission cannot be present at the meeting.
Section 4. Special Meetings: Subject to the provisions of the Brown Act and other applicable laws, special meetings may be held. Only those matters listed in the notice of special meetings may be discussed at the meeting.
Section 5. Quorum: Three (3) Voting Commissioners constitute a quorum for the transaction of business. Action shall require a simple majority vote of those present who are not excluded from voting.
Section 6. Rosenberg’s Rules of Order: At the regular meetings of the Commission, business will be conducted in the following order:
a. Call to Order
b. Pledge of Allegiance
c. Roll Call
d. Verification of Agenda Posting
e. Approval of Minutes
f. Public Comment
g. Old Business
h. New Business
i. Commissioner Comments
j. Reports
K. Setting of Next Regular Meeting Date
l. Adjournment
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All official actions shall be entered in the minutes of each meeting as action minutes, said minutes to be prepared by the Secretary and shall be approved by the Commission at the next regular meeting.
Section 5. Manner of Voting: Voting on matters coming before the Commission will be by voice vote unless a roll call vote is requested by a Commission Member or the Executive Secretary.
Section 6. Rules of Order: Rosenberg’s Rules of Order will govern those aspects of Commission proceedings not specifically provided by these bylaws, the Brown Act or any other applicable state or local law.
Section 7. Setting of Agenda Items: Commission Members may submit items to be placed on the agenda. Requests must be given to the Executive Secretary five (5) business days prior to the meeting date.
Section 7.5 Public Comment: Any person wishing to speak on matters within the subject matter jurisdiction of the Commission must fill out a speaker's card prior to addressing the Commission.
Section 8 Agenda: An agenda will be prepared by the Executive Secretary and will be adhered to with the exception that items may be taken out of order for the convenience of those in attendance. The agenda will be posted and distributed to interested parties at least 72 hours in advance of all regular Commission meetings.
The Hollister Arts and Culture Advisory Commission will operate its meeting pursuant to the Ralph M. Brown Act, Government Code 54950 et seq., and 54954.2 (b) (1) and (2) Agenda requirements; Regular meetings (b) notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two -thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those mem bers present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
ARTICLE IV — AMENDMENTS TO BYLAWS
Section 1. Procedure: The bylaws may be amended by the Commission with such a request approved by a majority of the Commission at a regular or special meeting provided that written notice of such amendment was given to Commissioners at least three (3) days prior to the meeting. A proposed bylaw amendment shall be introduced at one meeting and voted on at subsequent meetings.
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City of Hollister
Public Art Policy
The City of Hollister City Council is committed to promoting art in public places that reflects diverse social and cultural perspectives in our community to enrich the lives of the City's residents and visitors, and contribute to the vitality of the City's economic development.
Goal: The intent of the City of Hollister Public Art
A. Definition of Permanent Public Art- Permanent public art is that which is installed for one year or more in open and freely accessible areas designated as a public area, lobbies and public assembly areas of City property, or on non-City property if the work is installed or financed, either wholly or in part, with City funds or grants procured by the City.
B. Acquisition Policy- It is the policy of the City to encourage art in public places and to act as the conduit for the purpose of administration of a public art policy.
C. Acquisition Procedures—
a. The Commission shall solicit public engagement at the onset of all new public art projects.
b. All acquisitions and proposals as recommended by the Commission shall require review and approval by the City Council of the City of Hollister. c. All acquisitions, whether purchased by or gifted to the City, shall require an agreement addressing the terms of the acquisition; installation, instructions for maintenance; the manner in which work may be deaccessioned; and copyright, reproduction, and resale issues. d. Funding for the installation shall be secured by the City of Hollister and the cost of maintenance must be determined prior to the acquisition. e. The value of the work shall be agreed upon between the artist and the City.
D. Review Policy- It is the policy of the City that all proposed acquisitions or gifts will be reviewed by the Art & Culture Commission and that specific criterion be used in the approval process.
E. Review Procedures- All submissions shall include a rendition of the work, a written description of the work Including dimensions and material, proposed placement, a maintenance plan, and an estimated value.
1. The City of Hollister Arts & Culture Commission (the " Commission") criteria shall include:
i. quality of work
ii. experience and abilities of the artist
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iii. style and nature and appropriateness for all ages
iv. permanence and technical feasibility
v. budget
vi. diversity
vii. benefit
viii. placement & public accessibility
ix. ability to provide ongoing maintenance and repair at a reasonable cost x. public safety and liability
xi. permanence
xii. aesthetics/ enhance surroundings
xiii. compliance with the Americans with Disabilities Act xiv. originality
2. A recommendation will be made by a super majority of the Commission. The Committee member appointed by the City Manager shall be responsible for forwarding recommendations to the City Council.
F. Installation Policy- It is the policy of the City to allow installation of works of public art in areas in which they will provide the greatest benefit to the community.
a. Installation Procedures: When determining the site of installation, the following criteria will be considered:
1. public safety
2. visibility
3. lighting
4. traffic patterns
5. function of the facility/ site
6. relationship of the proposed work to pre-existing works on the site
7. future development plans for the area
8. landscape design
9. environmental assessment
10. public accessibility
11. appropriateness of the physical characteristics of the site
12. relationship to the social and cultural identity of the immediate community
b. Installation costs will be the responsibility of the artist or donating party unless otherwise stipulated in the agreement.
c. Each artwork shall be identified by a plaque stating the artist's name, artwork title, and the date the artwork was dedicated. The cost and installation of the F.8.b
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plaque shall be the responsibility of the artist or donating party unless otherwise stipulated in the agreement.
G. Maintenance Policy—It is the policy of the City to keep works of public art in their intended condition through inspection (cursory inspection by City staff and annual inspection by the ACC) and required maintenance.
a. Maintenance Procedures:
1. Before public art is accepted by the City there shall be a plan and budget for its maintenance requirements and for the funding thereof.
2. Written instructions from the artist or donor for the proper care and maintenance of each work are required.
3. City staff will perform a cursory inspection of installed works as part of the regular and customary maintenance of the site.
4. The Commission will perform an inspection and inventory prior to the end of each fiscal year of all works and provide a written report of findings to the City. The Commission will advise the City Council on any maintenance issues.
H. Deaccession Policy—It is the policy of the City to maintain its permanent collection of public art in good condition and in keeping with the historical and cultural values of the community and will deaccession the work if the values are no longer met or if it is determined that maintenance costs are not feasible. a. Deaccession Procedures:
1. An agreement regarding the manner in which the work may be deaccessioned shall accompany all acquisitions.
2. Physical evaluations may take place annually by the SBCAC and a written report will be prepared by the SBCAC and be submitted to Council for every work in the City's collection.
3. The following criteria will be used when determining deaccession of a work of art:
i. if the City cannot properly care for or store the work ii. if the aesthetic or the historical/ cultural value of the work is no longer evident
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iv. if the condition of the artwork requires repair or restoration in excess of the value or in excess of the funds allotted in the acquisition agreement or available from the City.
4.The City shall dispose of all deaccessioned works in accordance with the terms specified in the acquisition agreement or, if no terms are specified, by sale, trade, transfer or destruction. Ethical standards will apply.
5. Any and all monies raised from deaccession will be added to the Arts & Culture Fund and in keeping with the California Resale Royalties Act.
This policy shall remain in effect until modified or revoked by the City Council.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Abraham Prado, Planning
Manager
CONTACT: Abraham Prado, Planning
Manager
SPONSOR(S): Perez
TITLE OF ITEM: RESOLUTION NO. 2022-49, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER ANNUAL 2021 GENERAL PLAN PROGRESS REPORT
BRIEF DESCRIPTION: The Planning Department has provided the Annual 2021 General Plan Progress Report for its current “2005 – 2023 City of Hollister General Plan” for the City Council to review and accept the status of the City of Hollister General Plan and progress on its implementation.
RECOMMENDATION: That the City Council ADOPT a Resolution accepting the Annual General Plan Progress Report and direct staff to forward the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.
DEPARTMENT SUMMARY: Section 65400 of the Government Code requires that a planning agency annually review their General Plan with the following requirements:
1. Investigate and make recommendations on reasonable and practical means to implement the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open space land and natural resources, and the efficient expenditure of public fun ds related to the general plan.
2. Provide an annual status report to the City Council, the Office Planning and Research and the Department of Housing and Community Development on the general plan and implementation and a progress report on meeting the regional housing needs in the City’s adopted housing element and program implementation.
3. Provide a statement of the degree to which the general plan complies with legislative requirements for a general plan.
FINANCIAL IMPACT: None
CEQA: Categorical Exemption, Section 15306 Information Collection
ATTACHMENTS:
1. Attachment A General Plan Annual Progress Report 2021
2. Attachment B Housing Element Annual Progress Report 2021
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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. 2022-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER ANNUAL 2021 GENERAL PLAN
PROGRESS REPORT
WHEREAS, Government Code Section 65400 mandates that the City of Hollister submit an Annual Progress Report on the status of the General Plan and its implementation to the Governor’s Office of Planning and Research by April 1 st of each year; and
WHEREAS, the California Department of Housing and Community Development requires the City of Hollister to report on progress in meeting its share of regional housing needs and the status of Hollister’s compliance with deadlines in the 2015 -2023 Housing Element at a public hearing where members of the public may provide oral testimony or submit written comments as part of th e Annual General Plan Progress Report; and
WHEREAS, the guidelines from the Governor’s Office of Planning and Research and forms from the California Department of Housing and Community Development were used to prepare the report; and
WHEREAS, the City of Hollister has prepared the Annual 2021 General Plan Progress Report dated March 21, 2022; and
WHEREAS, the Annual Progress Report has been reviewed by the City Council at a public meeting and accepted at a regular City Council meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister has reviewed and accepted the City of Hollister Annual 2021 General Plan Progress Report at the March 21, 2022 Council meeting.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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. 2022-49, 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 21st 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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City of Hollister Annual 2021 General Plan Progress Report Approved per City Council Resolution 2022-_
March 21, 2022
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TABLE OF CONTENTS
1 DATE OF ACCEPTANCE OF CITY OF HOLLISTER ANNUAL 2021 GENERAL 1
PLAN PROGRESS REPORT BY THE CITY OF HOLLISTER CITY COUNCIL 2 MEASURES ASSOCIATED WITH IMPLEMENTATION OF GENERAL PLAN 1
ELEMENTS
3 HOUSING ELEMENT REPORTING REQUIREMENTS 27
4 CITY OF HOLLISTER GENERAL PLAN COMPLIANCE WITH THE OFFICE OF 58
PLANNING AND RESEARCH GENERAL PLAN GUIDELINES
5 DA TE OF THE LAST UPDATE TO THE CITY OF HOLLISTER GENERAL PLAN 58 6 CITY COUNCIL PRIORITIES FOR LAND USE DECISIONS (E.G. PASSAGE OF 59
MAORATORIA OR EMERGENCY ORDINANCES)
7 GOALS, POLICIES, OBJECTIVES STANDARD OR OTHER PLANS PROPOSALS 59 THAT NEED TO BE ADDED OR WERE DELETED, AMENDED OR ADJUSTED. 8 LISTS OF PLANNING ACTIVITIES 59
a. STUDIES, PLANS, OTHER
b. MAJOR DEVELOPMENT APPLICATIONS PROCESS
9 ADDITIONAL CONTENT 66
a. lNTERAGENCY AND INTERGOVERNMENTAL COORDINATION
EFFORTS
b. EFFORTS TO PROMOTE INFILL DEVELOPEMNT, REUSE, AND
REDEVELOPMENT PARTICULARLY IN UNDERSERVED AREAS
10 RESOLUTION NO. 2021-44 APPROVING THE CITY OF HOLLISTER 76 ANNUAL 2020 GENERAL PLAN PROGRESS REPORT
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1. DATE OF ACCEPTANCE OF CITY OF HOLLISTER ANNUAL 2021 GENERAL PLAN
PROGRESS REPORT BY THE CITY OF HOLLISTER CITY COUNCIL
The City of Hollister Annual 2021 General Plan Progress report was reviewed and accepted by the City Council at the regular City Council meeting of March 21, 2022.
2. MEASURES ASSOCIATED WITH IMPLEMENTATION OF GENERAL PLAN
ELEMENTS
LAND USE AND COMMUNITY DESIGN ELEMENT
LAND USE AND COMMUNITY Implementation Status
DESIGN ELEMENT
Zoning Ordinance (1-2 Years)
LU.A Develop signage ordinance Sign ordinance was completed in 2008 with the (Planning) approval of Ordinance 1038. Ongoing
implementation. An ad-hoc committee was formed
to review the downtown sign ordinance in 2019.
The City of Hollister Planning Commission
recommended adoption of the downtown sign
ordinance at its January 23, 2020 meeting . The first
reading of the downtown sign ordinance occurred
March 16, 2020 City Council meeting. Ordinance
1188 repealing and replacing Chapter 17.20
"Signs" of the Hollister Municipal Code was
adopted at its regular April 6, 2020 meeting of the
City Council.
LU.B Investigate inclusionary At its regular meeting of November 1, 2021, the housing programs City Council adopted Resolution No. 2021-203 a (Housing) Resolution of the City Council of the City of Hollister approving amendments, modifications,
and revisions to the existing contract between the
City of Hollister and Place Works, Inc. for the
General Plan Update and Environmental Review to
include the scoge of services, costs, and schedule to
be conducted by Place Works, Inc. in coogeration
with Goldfarb & Ligman LLC. for an Inclusionary
Housing Program for the City of Hollister;
Authorizing a supplemental appropriation; and
authorizing the city to receive the SB 2 grant
funding. At its regular meeting of Monday
February 3, 2020, the City Council of the City of
Hollister adopted Resolution No. 2020-17, a
resolution of the City Council of the City of
Hollister awarding a contract to Place Works, Inc.
for the preparation of a General Plan Update and
Environmental Review for the City of Hollister.
Section 4.1 of the scope of work for the City of
Hollister update of the general plan indicates I I
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU.C Revise zoning regulations
(Planning/Engineering)
Implementation Status
"Place Works Inc. will develop several alternatives
for inclusionary housing policies and policies that
might require a percentage of rental residential
units within each residential project or
subdivision." Place Works, Inc. will prepare a
public involvement strategy which will describe
outreach goals, identify ways to engage
underrepresented groups in the community
including preparing materials and conducting
meetings in English and Spanish, define public
input "channels" such as workshops , pop-up events,
provide presentations to community groups , and
online engagement by which to gather community .. op1mons .
On June 22, 2017 the City of Hollister Planning
Commission approved a Site & Architectural
Review Application No . 2017-2 for the
construction of 49 one-bedroom affordable senior
apartment units on al .2-acre site located at 560
Line Street within the R4 High Density Residential
Zoning District. The development known as
"Senior Sunrise Apartments" is complete and was
occupied in 2019. The ribbon cutting/ grand
opening ceremony took place on February 21 ,
2020.
In 2019, the Vista de Oro development at Miller
Road and 4 th Street consisting of 80 multifamily
apartments for Very Low and Low Income families
received occupancy.
This has been complete. Zoning review standards
were adopted in 2008 with Ordinance 1038. Since
then, there have been various amendments to the
code providing minor clarifications , corrections and
amendments to the zoning ordinance to assure
internal consistency within the municipal code.
Ordinance No. 1194 an Ordinance of the City
Council of the City of Hollister Amending
miscellaneous Sections of Title 17 "Zoning Code"
of the Hollister Municipal Code was adopted on
September 8, 2020 allowing for consistency on the
land uses for cannabis use between the zoning code
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LUD Update public service master plans
(Police and Fire)
LUE Initiate a process to amend
the AMBAG forecasts
LU.F Conduct outreach and education for
sustainable building and green product
types
LUG Develop and adopt design review
guidelines in the zoning code for gateway
districts, special planning areas, streetscape,
circulation and site planning.
Implementation Status
and the cannabis ordinance.
Ordinance No. 1198 an Ordinance of the City of
Hollister Amending Chapter 17.16.020 of the
Hollister Municipal Code Regarding "Accessory
Residential Uses and Structures" was adopted on
November 2, 2020 allowing for accessory structure
ofup to 120 sq. ft. and up to 15 feet in height to
have a 5 foot setback instead of 10 feet between the
main house and the accessory structure in the rear
yard.
No Activity in 2021
Completed in 2006 and again in 2020
1. Title 24 of the California Code of Regulations
includes Part 11 California Green Building
Standards Code.
2. Collaborate with the building department to
streamline applications for photovoltaic
permits.
3. Collaborate with applicants of affordable
housing projects to promote available state
programs for placement of photovoltaic solar
panels.
At its regular meeting of Monday February 3, 2020,
the City Council of the City of Hollister adopted
Resolution No. 2020-17, a resolution of the City
Council of the City of Hollister awarding a contract
to Place Works, Inc . for the preparation of a General
Plan Update and Environmental Review for the
City of Hollister. The update of the general plan
will include special planning areas including Buena
Vista Road and Union Road to include design
review guidelines for streetscape, circulation, and
site planning.
On August 19, 2013, The City of Hollister City
Council adopted Resolution No. 2013-123, a
resolution adopting the west gateway streetscape
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU .H Develop a street tree program
(Engineering)
Implementation Status
beautification plan. It was anticipated that funds
from a 2009 bond would have been used to begin
the initial phase of streetscape beautification
improvements in the West Gateway. The
dissolution of the Redevelopment Agencies
prohibited the use of the bond. The environmental
document was prepared and in May of 2012 the city
council approved resolution number 2012-71
adopting a mitigated negative declaration for the
West Gateway Streetscape Beautification Plan.
Implementation of the West Gateway
Beautification Plan occurs as development along
west Fourth Street (formerly San Juan Road) occurs
such as with Vista de Oro and Solorio Park I.
Resolution No. 2020-208 a Resolution of the City
Council of the City of Hollister Authorizing the San
Benito Street Traffic Calming and Beautification
Project and Approving an Appropriation of Funds
was adopted by the City Council at its regular
meeting of October 19, 2020 . At the same meeting,
Resolution No. 2020-210 a was adopted. This is a
Resolution of the City Council of the City of
Hollister Approving The Parklet Program -Policy,
Procedures and Guidelines and Authorizing an
Appropriation in the Amount of $15 ,000 from the
General Fund for the construction of a City owned
Parklet for Community Promotion purposes. The
parklets have since been constructed.
Resolution No. 2020-151 a Resolution of the City
Council of the City of Hollister Authorizing a
Traffic Calming Study and Design for Buena Vista
Road was adopted on August 3, 2020 by the City
Council.
Resolution No. 2020-124 a Resolution of the City
Council of the City of Hollister Approving the
Central A venue Traffic Calming Report was
adopted on June 15, 2020 by the City Council and
improvements were complete in 2021.
Staff continued implementation of existing adopted
ordinance and programs. On April 3, 2017 the city
revised and updated its tree list to include trees that grow well with the city's climate/environment and
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU.I Develop streetscape
improvement guidelines
(Engineering)
LU.J Develop guidelines for the
preparation of lighting plans
LU.K Formulate and implement an
economic development strategic plan
(2008)
Implementation Status
avoid trees that can cause roots to come back up
and cause damage to utilities or infrastructure like
sidewalks.
Engineering Department is updating Engineering
Standards and Specifications to develop uniform
standards with San Benito County.
Section 17 .16.090 of Ordinance 1038 provides
design guidelines for the preparation of lighting
plans consistent with Implementation Measure
LU.J of the 2005 Hollister General Plan
1. At its regular meeting of Monday February 3,
2020, the City Council of the City of Hollister
adopted Resolution No. 2020-17, a resolution of the
City Council of the City of Hollister awarding a
contract to Place Works, Inc. for the preparation of a
General Plan Update and Environmental Review
for the City of Hollister. The City Council
authorized the creation of an Economic
Development Element with the update of the
general plan to incorporate goals, policies, and
implementation measures that reflect the City's
vision for local economic development that
complements and is reinforced by the other General
Plan elements. Among others, anticipated goals
will include reducing local out-commuting by
improving the local jobs housing balance and
creating a more diverse and robust tax base to
support high quality local services. The economic
element will focus on issues such as job attraction;
building on local success, supporting and
leveraging the surrounding agricultural industry;
capitalizing on opportunities related to the airport,
the industrial area, the expanding cannabis sector,
wine industry, and tourism development related to
the Pinnacles Gateway Partnership and Hollister
Hills recreational activities.
2. Resolution No. 2020-119 a Resolution of the
City Council of the City of Hollister Approving an
Operations Covenant and Declarations of Covenant
and Restrictions (" Agreement") Between the City
of Hollister and Lotus Management Holiday Inn
Express & Suites approving a hotel incentive
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU.L Inventory and designate historical
sites
LU.M Inventory illegal or dangerous
housing sites (2010).
LU.N Assemble parcels for development in
accordance with RDA programs -
(purchase parcels to assemble for one large
lot and build a RDA funded project or offer
land to private developer (2010)
Implementation Status
program that includes a Transient Occupancy Tax
subsidy with the project applicant was adopted by
the City Council at its regular meeting of June 15,
2020 . The property is located at 391 Gateway
Drive and would consists of a new four story 93
room hotel on a 1.561 acre site in the General
Commercial Zoning District.
Ordinance 1063 was adopted by the City Council in
November 2010 to repeal and replace in its entirety
Chapter 15 .16 Historic Preservation of the Hollister
Municipal Code. The City currently has two
National Historic Districts which consist of the
Monterey Street Historic District and the
Downtown Historic District. In 2021, the City
Council authorized the creation of a local historic
resources commission. Currently, the city clerk has
advertised the positions for persons who are
interested in serving in the historic resources
comm1ss10n.
Housing conditions survey for City of Hollister
Housing Element revision completed in Summer of
2008.
The State of California adopted AB 1 X26 and
Clean Up Legislation AB 1484 that abolished all
RDA's in the state of California on February 1,
2012 .
City of Hollister issued an RFP and entered into an
exclusive negotiating agreement for development of
the former Hollister Redevelopment Agency
properties that were assembled for the development
of a catalyst project on the 400 block in accordance
with the RDA's five year implementation plan. The
proposal would be a mixed use transit oriented
development because it will be within a block of
public transit service -Resolution 2016-65. The
project received Site and Architectural Review
approval on September 27, 2018 per Planning
Commission Resolution No. 2018-39 for a 3 story
building consisting of 8,846 sq. ft . of commercial
retail on the first floor with a 3,689 sq.ft. open air
arcade and patio, a 10,490 sq. ft. second floor with
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU .O Assess existing Downtown Hollister
parking district (20 I 0)
Implementation Status
11 residential units and 1,198 sq. ft. of private open
space in the form of balconies, a 10,490 sq. ft. third
floor with 11 residential units and 1,198 sq. ft. of
private open space in the form balconies, and a
2,000 sq . ft. rooftop common open space area.
The site also received approval of a Site and
Architectural Review per Planning Commission
Resolution No. 2018-40 on September 27, 2018 for
a two story 9,324 sq. ft. philanthropic building
consisting of a 4,725 sq. ft. first floor and a 1,576
open space arcade and a 4,599 sq . ft. second floor.
The planning commission approved Minor
Subdivision 2019-1, Conditional Use Permit 2018-
14 for a Planned Unit Development and Tentative
Map 2019-1 for the 400 block on April 11, 2019.
The approval was appealed on April 25, 2019 to the
City Clerk's Office. The City Council properly
noticed a public hearing on the appeal for May 20,
2019, and on that day, the City Council continued
the appeal hearing to a date certain of June 3, 2019.
On June 3, 2019, the City Council held the public
hearing to consider the appeal and heard and
considered testimony and evidence from city staff,
the applicant, the public, and information presented
in the staff report and after considering the
testimony and evidence of the case, the City
Council adopted City Council Resolution 2019-123
which denied the appeal and affirmed the planning
commission approvals.
1. Parking needs reviewed in 2009 Hollister
Downtown Strategy and Plan.
2. Position of Community Services Officer for
parking enforcement approved in May 2009.
3. Ordinance 1048 established civil penalties for
parking violations
4. Downtown Parking Committee was created in
to review and evaluate potential parking
opportunities in the downtown.
5. Resolution No. 2020-208 a Resolution of the
City Council of the City of Hollister
Authorizing the San Benito Street Traffic
Calming and Beautification Project and
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU.P Evaluate capital improvement
program (2010)
LU.Q Encourage intergovernmental
coordination (Ongoing)
Implementation Status
Approving an Appropriation of Funds was
adopted by the City Council at its regular
meeting of October 19, 2020.
6. Ordinance 1199 an Ordinance of the City of
Hollister Amending Chapter 10.20 of the
Hollister Municipal Code Stopping, Standing
and Parking Generally to allow for "back-in"
diagonal parking where indicated was adopted
by the City Council at its regular meeting of
December 21, 2020.
Ongoing. The City of Hollister Engineering
Department is the lead agency for CIP Projects.
Council representatives and staff continue to
participate in the interagency Intergovernmental
and Governance committee.
Staff has participated with the Hollister
School district to evaluate traffic safety near
schools and coordinate improvements.
Resolution No. 2017-281, was approved by the City
Council on November 6, 2017 approving a Master
Agreement between the City of Hollister and
Hollister School District for the use of Recreational
fields. The initial term is for 14 year with 2
automatic 5 year renewals.
Resolution No. 2013-59, was approved by the city
council on May 20, 2013 authorizing execution of
community recreation agreement with San Benito
High School District for use of San Benito High
School aquatics facility.
LAFCO approved the annexation of the Hollister
Urban Area Water and Wastewater Master Plan in
November of 2012. Collaborating agencies
included the City of Hollister, County of San
Benito, Sunnyslope County Water District and San
Benito County Water District.
The City of Hollister continued to work with
Sunnyslope CWD and San Benito CWD in the
construction of the West Hills Water Treatment
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU.R Encourage specific plans (Ongoing)
LU .S Evaluate public facilities fees
(Ongoing)
LU.Z Review impact fees (Ongoing)
LU.AA Study infrastructure "hook-up" fees
(Ongoing)
LU.T Fund RDA housing projects
(Ongoing)
LU.U Implement phasing strategy to
determine priority areas for development
and sequence for long-range development
outside the Sphere of Influence (Ongoing)
LU.V Offer development
incentives( Ongoing)
Implementation Status
Plant for expanding the local water supply .
Additionally, it partnered with Sunnyslope on the
Cross Town Pipeline initial study.
Staff participates m the county's geographic
information system (GIS) technical committee to
make GIS more efficient for staff and the public.
The COH and SSCWD also send an Annual Water
Quality Report to all customers explaining the
drinking water quality.
Ongoing.
Ongoing. In 2018 the City of Hollister City Council
adopted revisions to the existing impact fee list.
In May 19, 2019 the City Council adopted
Resolution No. 2019-113 approving an update to
the public facility impact fees for jail/juvenile hall, library, park construction, storm drainage and water
facilities and new fees for city hall/city yard.
Resolution No . 2016-46 adopted was adopted on
April 4, 2016 updating the traffic impact fees and
Resolution 2017-234 was adopted on September
18, 201 7 amending the traffic impact fee.
The State of California adopted AB 1X26 and
Clean Up Legislation AB 1484 that abolished all
RDA's in the state of California on February 1,
2012.
Map 6 Phasing Strategy of the City of Hollister
General Plan illustrates a phasing map identifying
priority areas for the potential expansion of the
sphere of influence.
Zoning ordinance Article IL Density Bonus
ongoing implementation. Also, residential
performance overlay zones for vacant infill
residential properties provides flexible standards for
new development with a variety of lot sizes and
choices for housing types, new street patterns; site
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LAND USE AND COMMUNITY
DESIGN ELEMENT
LU.W Promote improvements during
design review(Ongoing)
LU.X Rehabilitate, replace or eliminate
illegal or dangerous housing units
Implementation Status
planning and neighborhood design that have
connections among new neighborhoods with the
rest of the City for pedestrians and bicyclists.
On March 23, 2017 the planning commission
approved a resolution recommending to the city
council adoption of an ordinance to allow for
accessory secondary units in the city per Senate Bill
1069. The Council approved the Ordinance in May
of 201 7. The City Council waved Sanitary Sewer
Impact Fees and Water Impact Fees for accessory
second units per SB 1069.
Ongoing implementation. City's review includes
pre-application meeting with the applicant as well
as Development Review Committee (DRC) with
city officials
Code Enforcement review ongoing
CIRCULATION ELEMENT
CIRCULATION ELEMENT Implementation Status
C.F. Prioritize Road Improvements The City of Hollister approved the North Street Project Tentative Map in April of 2017 (DeNova
Homes) which required the full improvements to
North Street extending the east terminus of Buena
Vista Road and connecting it to the east terminus of
North Street. The development, including the North
Street extension road improvements are now
complete. North Street was constructed in its full
width, constructed with a minimum of 84-foot
right-of-way and a minimum 64 foot curb-to-curb
dimension. Construction includes sidewalk and
curb and gutter along the north and south side of the
roadway . Construction also includes the installation
of street lighting, underground infrastructure for
water, sewer and storm facilities where necessary.
Additional underground infrastructure may be
required by other utilities .
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CIRCULATION ELEMENT
C.F.1 Highway 25 bypass
C.F.2 Buena Vista extension Westside
Boulevard to McCray Street
C.F.3 Memorial Extension to Santa Ana
C.F.4 Widen Sunnyslope El Toro to
Fairview
C.F.5 Extend Union from Cerra Vista to
Fairview Road
C.F.6 Widen Highway 25 Sunset to
Fairview Road
C.F.7. Widen Fairview Highway 25 to
McCloskey Road
C.F.8 Extend Westside Boulevard Nash to
San Benito Street
C.Fl 1 Extension Memorial from Santa Ana
to Shelton Drive, Fallon Road or Flynn
Road as two lance major collector
C.F.12 Four lane new east-west
thoroughfare between Fairview Road and
San Felipe Road north of McCloskey Road
C.F 13 Two lane east-west collector
between Fairview Road and Future
Memorial Drive south of McCloskey Road
C.F.14 Widen to Fairview Road between
McCloskey and Highway 156 to four lane
thoroughfare
C.F15 Widen Union Road between
Highway 25 and Highway 156 to four lane
arterial
C.F.9 New Traffic Signals
C.F .10 Street and Highway Maintenance
Implementation Status
Highway 25 bypass was completed in 2009.
Funding for part of the cost of some of these road
improvements will be from traffic impact fees.
C.F.3: At its October 2021 Planning Commission
Meeting, the applicant HPG Hollister Development
LLC, received approval for Tentative Map 2021-2,
Conditional Use Permit 2021-8 for a Planned Unit
Development, Site & Architectural Review 2021-8
for the subdivision of a 23. 51 acre parcel into 116
single family lots and 28 duet lots. The
development would extend Memorial Drive to
Santa Ana Road.
C.F.5: The West of Fairview Development was
approved in 2007 with a development agreement.
The development agreement has extended the
approval of the subdivision and the development is
currently under construction. The development
involves the extension of Union Road to Fairview
Road.
On March 5, 2012 Resolution No. 2012-36 was
adopted by the city council approving appropriation
of fund 269 for the "street lighting retrofit project,
CIP 3019" for the purpose of extending the number
of street lights to be converted from high pressure
sodium to LED within the City of Hollister.
Ongoing pavement overlay of City streets in 2016
Crack Seal Program implemented in June 2016 to
prevent pavement from deteriorating
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CIRCULATION ELEMENT
C .G Promote walk ability through design
review
Implementation Status
Ongoing. Standards for circulation plan with
pedestrian connections are found in Section
17 .18.030 of the Hollister Municipal Code as well
as in the Performance Overlay, Commercial and
Industrial zoning districts adopted in December
2008 with Ordinance 1038.
On February 22, 2011, the city council approved
Resolution No. 2011-20 adopting the 2009 San
Benito County Bikeway and Pedestrian Master
Plan .
Development Review Committee reviews
applications for compliance with design
requirements.
COMMUNITY SERVICES AND FACILITIES ELEMENT
COMMUNITY SERVICES AND
FACILITIES ELEMENT
CSF.A Adopt an Information Technology
Plan (1 year)
CSF.B Evaluate fire service consolidation
opportunities (1 year)
CSF .E Consider the formation of a planning
area-wide Fire District (2 year)
CSF.C Implement joint use agreements with
school districts (1 year)
Implementation Status
Continued interagency coordination with
Geographic Information Systems including 1) staff
training, 2) goals setting for informational needs
for departments.
Fire Task Force reviewed between 2005-2007.
Consolidation of Fire Services between City of
Hollister and San Benito County occurred in 2013 .
Once per month city and county officials meet at
the board of supervisor's room to discuss the
City/County joint powers agreement consolidation
of fire department services including but not
limited to maintenance, equipment, operation and
facilities costs.
Ongoing programs at Calaveras, Cerra Vista, Maze
and Rancho San Justo school city parks.
Resolution No. 2017-281, was approved by the
City Council on November 6, 2017 approving a
Master Agreement between the City of Hollister
and Hollister School District for the use of
Recreational fields. The initial term is for 14 year
with 2 automatic 5 year renewals.
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
CSF.D Adopt a performance standards
ordinance (2 year)
CSF.F Coordinate with San Benito County
Water District, (SBCWD) San Benito
County and Sunnyslope County Water
District (SCWD) in water and wastewater
system expansion needs (2 year)
CSF.R Update the City's Water System
Master Plan in coordination with SCWD
and SBCWD.
CSF.G Coordinate with the Sunnyslope
County Water District in water system
expansion needs (2 year)
CSF .DD Maintain data on sewer and water
system capacity (Ongoing)
Implementation Status
Resolution No . 2013-59, was approved by the city
council on May 20, 2013 authorizing execution of
community recreation agreement with San Benito
High School District for use of San Benito High
School aquatics facility.
Ordinance not adopted but the intent to assure
adequate services has been met with other
strategies. Updates to impact fees have been
approved to fund drainage improvements, expand
sewer capacity and treatment, water supply, and
recreation. Community Facilities District rates for
police and fire protection are updated annually
based on the CPI and new residential development
is required to annex to the district. Adoption of the
Grading and Best Management Ordinance 1053
includes performance standards for drainage
improvements to reduce peak flows from new
development and to retain storm water on site.
Ordinance 1053 combined with Dust Control and
Storm Drainage Standards in Chapter 1 7 .18 of the
Municipal Code reqmre measures to reduce
particulate dust emissions from construction and
maintenance of property . Environmental review is
used to mitigate if necessary air pollutants impacts
of new development that 1s subject to
environmental review.
1. Continued coordination for water reclamation
and supply with the Governance Committee
2. City and San Benito County Water District in
partnership for the reclaimed water master plan
3 . Include Sunnyslope County Water District in
Development Review Committee process
4. Coordination for environmental review to use
Lessalt plant for water supply in 2009 to
implement Mitigation Measure in General Plan
Final EIR. After further consideration with
SBCWD and SCWD it was determined that the
environmental review would be completed in
conjunction with environmental review
scheduled for 2010 for the Hollister Urban
Area Water and Wastewater master Plan. A
Program EIR was completed and made
available for public review in October of 2010.
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
CSF .H Establish procedures and
requirements for well and ditch tail water
tests. (2 year)
CSF.I Establish requirements for water
conservation in new development (2 year)
SSF.Q Identify opportunities for water
recycling (3 year)
Implementation Status
In October of 2011 Resolution No. 2011-129
accepted the program EIR for the Hollister
Urban Area Water and Wastewater Master Plan
and authorized staff to prepare an application to
LAFCo to initiate proceedings to establish the
boundary lines of the Hollister Urban Area.
5. On September 6, 2011 the city council
approved Resolution 2011-117 accepting the
Hollister Urban Area Water Supply and
Treatment Agreement Statement of Intent.
6. LAFCO approved the annexation of the
Hollister Urban Area Water and Wastewater
Master Plan in November of 2012.
Collaborating agencies included the City of
Hollister, County of San Benito, Sunnyslope
County Water District and San Benito County
Water District.
7. Resolution No. 2013-146, was approved by the
city council on September 16, 2013 approving
an agreement with the San Benito County
Water District for the transfer of the City's
Lessalt Water Treatment Facility Real Property
and Facilities to the San Benito County Water
District.
Ongoing compliance with State Department of
Public Health and Department of Resources for
well testing. This follows the written plan for
testing for the drinking water system.
1. On June 20, 2011, the city council approved
Resolution 2011-81 approving the Hollister
Area Urban Water Management Plan.
2. Ordinance 1046 established fees and provisions
for collection of liquid water at the Hollister
Water Reclamation Facility
3. Ordinance 1049 established permit procedures
and requirements for use of recycled water
4. Ordinance 1055 adopted to comply with state
law for water efficient landscapes
5. Commercial, industrial and multi-family
projects required to include a separable with a
meter for use of recycled water
6. Coordination to use the 50 acre water
reclamation facility (Brigantino) to establish an
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
CSF.J Identify opportunities for library
service expansion in coordination with San
Benito County (2 year)
CSF.L Implement actions for pesticide and
fertilizer management(2 year)
CSF.M Provide information on water
conserving landscaping (2 year)
CSF.N Update the Fire Protection Master
Plan (2 year)
CSF.O Adopt a Storm Water Master Plan (3
year)
CSF.P Identify drainage system
improvements (3 year)
CSF .R(2) Coordinate with San Benito
County on Landfill Capacity Needs
(3 year)
CSF. AA Implement the City's Solid Waste
Implementation Status
agricultural trial field.
7. On June 6, 2011 the city council approved
Resolution 2011-70 adopting the water system
emergency/disaster response plan.
Intergovernmental committee reviewed but
determined funding resources were unavailable in
2009. In 2014 CSF.J has been recognized as a
priority for the mayor and city council. In 2017 the
City Council adopted a library impact fee that
would be paid by developers.
The City employees or contractors are trained or
qualified to comply with regulations for pesticide
and fertilizer management.
Ongoing. Ordinance 1055 Water Efficient
Landscape Ordinance was adopted in December
2009 and its implementation is ongoing. The City
contracts with the Water Resources Association of
San Benito County (WRASBC) to review all
landscape applications submitted and to verify that
they are in accordance to Ordinance 1055. Staff
works together with the WRASBC to make
information available to the public about water
conservation methods.
The Water Resource Association provides
literature on water conservation landscaping and
has a demonstration garden to showcase such
conservation strategies . It also does water
education for school kids.
No activity in 2019
The City has a Storm Drain Master Plan prepared
by Wallace Group, Inc. for current and future
general plan buildout.
Ongoing maintenance of storm drains
Approved non-exclusive franchise agreements for
roll-off refuse and commercial recycling ( ongoing
implementation)
Approved Ordinance 1040 which requires waste
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
Management Plan(Ongoing)
CSF .S Prepare guidelines for water quality
source control program (5 year)
CSF. T Conduct water quality education
programs (Ongoing)
CSF.U Continue to require proper disposal
of pollutants
Implementation Status
diversion plans for new construction and
demolitions ( ongoing implementation)
Approved a new franchise agreement that includes
recycling as part of the rates ( ongoing
implementation)
Approved an environmental purchasing policy
( ongoing implementation)
Approved use of recycled materials at city parks
( ongoing implementation)
On June 3, 2013 the city council adopted
Ordinance No. 1093, an ordinance of the City of
Hollister amending Chapter 15 .24 "Grading and
Best Management Practices Control" of the
Hollister Municipal Code relating to solid waste
diversion plans.
On February 21, 2017 the City Council approved
Resolution No. 2017-42 adopting a sanitary sewer
management plan.
The City of Hollister has adopted a storm water
management program as well as a grading
ordinance for low impact development. It is city
policy to condition bio retentions, vegetative
swales, permeable paving or other sources of storm
water management for developments. The City has
adopted storm water management best
management practices (BMP) CASQA manuals for
construction, municipal government and industrial
uses which address spill prevention and clean up.
The City of Hollister helps fund the San Benito
County Water Resources Association in
partnership with Sunnyslope County Water District
and San Benito County Water District. The agency
provides training to home owners on water use and
discharge from homes ( ongoing)
The City of Hollister City Council, in the past, has
discussed the topic of graywater and the potential
use of reusing graywater as a component of
sustainable water practices.
Ongoing implementation with monthly hazardous
collection.
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
CSF.V Coordinate with water resources
association of San Benito County (Ongoing)
CSF.X Enhance facilities for police and fire
services ( Ongoing)
CSF.Y Evaluate coordinated funding
strategies for infrastructures and services
CSF.Z Implement plans for a regional
wastewater treatment facility (Ongoing)
CSF. BB Implement the City's Parks and
Recreation Master Plan (Ongoing)
Implementation Status
Agency provided training for certification of
irrigation auditors for water efficient landscaping
in 2012 coordinated for implementation of water
efficient landscape ordinance 1055. Staff
collaborated with the Water Resources Association
of San Benito County (WRASBC) to implement
Ordinance 1055. The WRASBC reviews
applications for consistency with Ordinance 1055
for all developments including the front yards of
new residential dwelling units.
Planning Commission Resolution PC 2010-15 was
approved in May 2010 for the demolition and
reconstruction of Fire Station 1 (fault,
environmental, design). Demolition of the building
and reconstruction started in 2011 and completed
in 2012.
Ongoing coordinated billing for sewer and water
for residents located in the Sunnyslope County
Water District Coordinated water efficient
landscape applications process with Water
Resources Association in 2010. Ongoing
Completed in 2008
Ongoing
1. On January 17, 2017 the City Council approved
Resolution No. 2017-17 adopting a
professional services agreement with O'Dell
Engineering for the update and preparation of
the Parks Facility Master Plan. Various public
meetings took place in the spring and summer
of 2017 to obtain the public's input. The
Environmental work pursuant to the California
Environmental Quality Act was recently
completed and is currently under public review.
The plan is expected to be completed in the
spring of 2019.
2. On April 4, 2017 a supplemental appropriation
was approved per City Council Resolution No.
2017-76 for park improvements to Calaveras
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
Implementation Status
Park.
3. On April 4, 2017 a supplemental appropriation
was approved per City Council Resolution No.
2017-79 for the Ranch San Justo Field House
Project.
4. On November 6, 2017 The City Council
adopted Resolution No. 2017-281 approving a
master agreement between the City of Hollister
and Hollister School District for the Use of
Recreational Fields.
5. On November 6, 2017 The City Council
adopted Resolution No. 2017-278 accepting the
Housing-Related Parks Program Grant award
of $659,573.00 from the California Department
of Housing and Community Development to
create or rehabilitate parks and or/and
recreational facilities for approving housing for
lower income households and for being in
compliance with State Housing Element Law,
including the submittal of an approved annual
general plan progress report to the state, which
the City of Hollister has done. The completed
McCarthy Park is currently open to the public.
6. Environmental review adopted for San Benito
River Greenway for development of river trails
7. Park equipment was approved for park
facilities in the City of Hollister.
8. Resolution No. 2015-06 was approved on
January 20, 2015 approving a supplemental
appropriation in the amount of $72,000 for the
skate park expansion
9. Park Hill Master Plan adopted in June 2010
with Resolution 2009-100
10. Ordinance 1045 update of Park and Recreation
Dedications and Fees
11. February 2011, the council approved
Resolution 2011-10 approving the design for a
dog park at the Hollister Municipal Airp01t
Park. Resolution 2011-11 approved the
appropriation of monies to begin work on phase
1 of the Hollister Dog Park. On July 5, 2011,
the approval of Resolution 2011-74 approved
appropriation of monies to complete work on
phase 1 of the Hollister Dog Park.
12. Ongoing programs at Calaveras, Cerra Vista,
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COMMUNITY SERVICES AND
FACILITIES ELEMENT
CSF . CC Maintain and update Capital
Improvements Program (Ongoing)
CSP.EE Monitor water quality at the
wastewater treatment plant (Ongoing)
CSF .FF Provide for new elementary and
middle schools (Ongoing)
CSF.GG Publicize the City 's waste
management program (Ongoing)
CSF. HH Inspect drainage channels and
culverts (Ongoing)
CSF .II Require fire agency review
(Ongoing)
CSF.JJ Require fire protection mitigation in
new development (Ongoing)
CSF .KK Require law enforcement review
(Ongoing)
CSP.LL Require storm water runoff
measures . (Ongoing)
CSP.MM Require utility providers review
(Ongoing)
CSF . NN Support construction of a second
high school (Ongoing)
Implementation Status
Maze and Rancho San Justo school city parks .
Ongoing.
Ongoing monitoring to comply with requirements
of waste discharge permits .
Staff participated in the Hollister School District
Facility Master Plan data collection and
interagency meetings. Staff collaborated with the
Hollister School District and provides the district
with an annual update of new and proposed
housing for their student forecast studies .
Coordinate with waste haul contractor for
education about designated drop-off days for
household hazardous waste and recycling
programs .
Ongoing inspection and general maintenance as
needed.
The Police , Fire Department, Utilities and
Sunnyslope County Water District attend
Development Review Committee meetings to
review applications and identify fire improvement
and water supply needs and identify conditions for
new development or re-imbursement agreements
for area-wide benefits.
New development is required to be annexed into
the Community Facilities District to fund for staff
for police and fire protection.
Ordinance 1053 for grading and best management
practices adopted in December 2009 . Ongoing
communication with Regional Water Quality
Control Board District V.
Ongoing
Coordination as needed .
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OPEN SPACE AND AGRICULTURE ELEMENT
OPEN SPACE AND AGRICULTURE Implementation Status
ELEMENT
OS.A Create an agricultural community This type of ordinance is applicable to disclosure ordinance unincorporated areas where the noise, odor and mud from agricultural uses can be a perceived
nuisance to rural residential land uses. Most
agricultural uses in the city limits are in the
industrial zoning districts where disclosure would
be unnecessary. Other agricultural areas are
unincorporated lands near the edge of the City
limits.
OS.B Development open space management Through the development review process, staff plans ensures the preservation of open space areas and
encourages the dedication of open space areas that
are adjacent to public open space. In addition, when
potential open space is not contiguous to existing
public open space, the preference is to retain the
open space in private ownership. When portions of
a site are retained as private open space, the City
ensures the preservation and management of that
open space through appropriate means, including
required maintenance, as determined through
development review.
OS.C Investigate voluntary "Subscription Implementation program is more applicable to Farm" or Community Supported Agriculture projects that abut agricultural areas. (CSA) programs
The City has supported the Hollister Farmer's
Market which is a source for local and regional
agricultural venders.
OS.D Enact a farm land trust At its regular meeting of Monday February 3, 2020, the City Council of the City of Hollister adopted
Resolution No. 2020-17, a resolution of the City
Council of the City of Hollister awarding a contract
to Place Works, Inc . for the preparation of a General
Plan Update and Environmental Review for the
City of Hollister. The update of the general plan
will consider policy for an agricultural land trust.
On June 18, 2018, the City Council of the City of
Hollister adopted Resolution No . 2018-167
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OS.E Coordinate with other jurisdictions in
open space planning
OS.F Manage provide open space
OS.G Provide open space access points
OS.H Create open space preservation
opportunities
OS.I Restrict utilities in open space
approving certification of an Environmental Impact
Report for the Chappell Road area prezone project.
Mitigation Measure 3.2.1 indicates "in the event,
that no City program is in place, the subdivider
shall provide that for every one ( 1) acre of Prime
Farmland on the site that is permanently converted
to nonagricultural use as a result of project
development, one ( 1) acre of land of comparable
agricultural productivity shall be preserved in
perpetuity."
There is an existing non-profit San Benito
Agricultural Land Trust.
Implementation on an as needed basis.
Implementation on an as needed basis.
Included in growth management ranking and point
system application for Allocations .
Performance Overlay zoning district allows flexible
densities in hazard areas such as flood zones to
preserve the areas as open space.
Ordinance 1056 also requires residential
development to avoid flood hazard areas.
Ordinance 1056 added prohibitions to the
establishment of utilities in Flood Plain overlay
zoning district.
NATURAL RESOURCES AND CONSERVATION ELEMENT
NATURAL RESOURCES AND Implementation Status
CONSERVATION ELEMENT
NRC.A Conduct air quality education Limited staff resources programs (2 year)
NRC.B Explore regional planning Ongoing meeting with the County of San Benito . opportunities to preserve habitats (2 year)
NRC.C Identify opportunities for PG&E Continued cooperation with Association of assistance (2 year) Monterey Bay Area Governments and PG&E for energy conservation programs.
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NATURAL RESOURCES AND
CONSERVATION ELEMENT
NRC. D Provide for backup energy
provision for city facilities (2 year)
NRC.E Encourage "green" building
standards and processes (3 year)
NRC.P Promote solar design
NRC.O Implement the LEED program
NRC.Q Publicize energy conservation
programs
NRC. S Require building and site design
review for energy conservation
Implementation Status
Backup power has been installed at the City
corporation yard, City Hall, police station and Fire
Station Number 2.
1. Ordinance 1070 was adopted by the City
Council in December of 2010 which added to
the Hollister Municipal Code the 2010 edition
of the California Building Standards, Title 24 of
the California Code of Regulations in its
entirety including Part 11 California Green
Building Standards Code
2. Hillview I and II. A total of 55 units self-help
very low income subdivision. 25 residential
units constructed in 2011 and 30 residential
units constructed in 2014 were designed for
passive solar. In addition, solar panels were
installed on the roofs of each unit.
3. Gateway palms 31 low income apartment units
include solar panels. The former City of
Hollister RDA assisted in funding this project.
4. Vista Meadows 72 senior unit apartments for
people 55 years in age and older, included solar
panels on the units. The former City of Hollister
RDA assisted with the cost of this project.
5. The City of Hollister promotes LEED green
building for sustainable site development.
6. Continued participation in presentations from
Green Building Council and AMBAG on green
building programs for existing and new
buildings.
7. Provide bilingual informative brochures from
PG&E and other organizations on front counter
at planning/building department to publicize
energy conservation.
8. The City Council approved Resolution No.
2017-205 on August 21, 2017 with lighting
upgrade recommendations for the Hollister
Water Reclamation Facility.
9. Ordinance 1187 was introduced during a
regular meeting of the City Council on
February 18, 2020. Ordinance 1187 adopts the
2019 Edition of the California Building
Standards Code with amendment. The code
would require new residential units to be
equipped with the necessary requirements to be
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NATURAL RESOURCES AND
CONSERVATION ELEMENT
NRC.G Establish mitigation for the
burrowing owl colony in the Fairview
Road/Santa Ana Road Area (3 year)
NRC .H Apply air quality standards in
development review (Ongoing)
Implementation Status
able to adapt solar energy to the home and to be
able to adapt an area in the home to transmit
electrical energy to a vehicle.
Mitigation Measures for the burrowing owl are
listed in each of the environmental documents
pursuant to CEQA prepared for each subdivision
that was reviewed and approved by the planning
commission last year. Language within the
mitigation includes as follows: If clearing and
construction activities will occur during the nesting
period/or burrowing owls (February I-August 31),
a qualified biologist shall conduct focused surveys
for burrowing owls on and adjacent to the project
site. Surveys shall be conducted in accordance with
the California Department of Fish and Wildlife's
staff report on Burrowing Owl Mitigation (staff
report), published March 7, 2012 . Surveys will be
done within 14 days prior to construction activities
and will be repeated if p roject activities are
suspended or delayed for more than 15 days during
nesting season. If no burrowing owls are detected,
no further mitigation is required. If active
burrowing owls are detected, the project applicant
shall implement the avoidance, minimization, and
mitigation methodologies outlined in the CDFW 's
staff report prior to initiating project-related
activities that may impact burrowing owls.
Section 17 .16.040 of Ordinance 103 8 adopted in
December 2008 includes performance standards for
dust and dirt control. Per Air District's
requirements the California Emissions Estimator
Model (CalEEMod) is used for CEQA review on
projects for greenhouse gases and air quality. The
prior model used was the Urban Emissions Model
(URBEMIS).
At its regular meeting of Monday February 3, 2020 ,
the City Council of the City of Hollister adopted
Resolution No. 2020-17, a resolution of the City
Council of the City of Hollister awarding a contract
to Place Works, Inc. for the preparation of a General
Plan Update and Environmental Review for the
City of Hollister. Section 6.5 of the scope of work
indicates that Place Works will prepare a stand-
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NATURAL RESOURCES AND
CONSERVATION ELEMENT
Implementation Status
alone Climate Action Plan (CAP) for the City of
Hollister to support community -wide GHG
reductions. The CAP would include the
preparation of GHG forecasts and identify
reduction targets. The CAP would identify and
quantify existing and planned activities and the
CAP would develop and quantify GHG reduction
measures.
NRC.T Require construction techniques that Ordinance 1053 for grading and best management minimize wind erosion practices adopted in December 2010 requires practices to reduce particulate dust.
NRC.I Apply standards to sensitive air
quality receptors to buffer sources from
toxic air contaminants or odors(Ongoing)
NRC.M Establish buffers to protect air
quality (Ongoing)
NRC.R Require appropriate landscaping to
mitigate air quality impacts
NRC.J Apply Title 24 requirements
(Ongoing)
NRC.K Conduct surveys for burrowing
owls (Ongoing)
NRC.U Require pre-construction surveys
for nesting raptors
NRC.V Require project mitigation for
habitat
NRC.X Require wetlands delineation
NRC.Y Require wetlands replacement plans
NRC.L Coordinate with Monterey Bay
Unified Air Pollution Control District and
other agencies in air quality planning
Ongoing)
NRC.N Identify opportunities for transit-
oriented development
Development review process is used for inter-
departmental review of discretionary planning
applications.
Ongoing -standards are used for building permit
review.
Ongoing -Biological assessment is required per
the California Environmental Quality Act on
discretionary projects and conditions/mitigation
measures are implemented to protect sensitive bird
species including conditions to protect birds in
nesting season.
Wetlands delineation was not applicable to
discretionary applications reviewed in 2015
1. City sends environmental documents to
MBUAPCD for review and comment
2. City representative on the air board
3. City staff participation in the Blue Print
1. Solicit comments and include Council of
Governments in Development Committee
Review process review of applications
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HEAL TH AND SAFETY ELEMENT
HEALTH AND SAFETY ELEMENT
HS.A (2-year) Designate travel routes for
hazardous materials
HS. B (2-year) Designate truck routes
HS.M Designate emergency evacuation
routes in conjunction with San Benito
County (Ongoing)
HS. C Implement airport land use plan (2-
year)
HS.U Review new development for
compatibility with the Hollister Municipal
Airport Comprehensive Land Use Plan
(Ongoing)
HS. D Provide public awareness and
education about noise issues (2-year)
HS. E Provide public information on safety
and emergency preparedness issues (2-year)
Implementation Status
Highway 25 bypass opened in 2009. The City
supports coordination with San Benito County and
the Council of Governments to update the
hazardous materials and truck routes in relation to
the new highway alignment.
HS.B: California Truck route established along
Airline Highway (25 Bypass). Signs being posted
currently.
1. Planning applications in Airport influence area
get referred to the Airport Land Use
Commission ( ongoing) for a land use
consistency determination.
2. Staff coordinated with the San Benito County
Council of Governments (COG) and the County
of San Benito for the update to the Airport Land
Use Comprehensive Plan (ALUCP) for the
Hollister Municipal Airport and completed the
plan in 2012.
Provided on an as needed basis. The City of
Hollister approved Ordinance 1137 on April 3,
2017 adopting an updated Noise Ordinance
addressing days and hours of operation for
construction activities.
March 7, 2022 -Ordinance No. 1207 was adopted
by the City Council, 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.
(Development Services and Police).
Interagency coordination with preparation of
Hazard Mitigation Plan. Staff participated in county
wide Emergency Operations Plan with the San
Benito County Office of Emergency Service
( ongoing participation).
At its regular meeting of Monday February 3, 2020,
the City Council of the City of Hollister adopted
Resolution No. 2020-17, a resolution of the City
Council of the City of Hollister awarding a contract
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HS.F Compile complaint information and
periodically evaluate enforcement needs for
noise impacts (3 year)
HS. G Update geologic, flooding and other
hazard maps (3-year)
HS.H Update and apply flood control
requirement in new development (Ongoing)
HS.I Coordinate with San Benito County on
hazardous water management planning
(Ongoing)
HS.S (Ongoing) Review and update the
to Place Works, Inc. for the preparation of a General
Plan Update and Environmental Review for the
City of Hollister. Per Section 6.6 of the scope
Place Works will prepare a Local Hazard Mitigation
Plan (LHMP) as part of the general plan update.
The LHMP would include an assessment and map
of hazards and critical facilities within the City. It
is anticipated that the plan will focus on
earthquakes, wildfires, floods, drought, and climate
change. The LHMP would undertake a
vulnerability assessment of critical facilities. This
task would also address social vulnerability issues
associated with the hazards of concern to better
understand key populations that may be
inordinately vulnerable to these hazards. The
LHMP would create hazard mitigation strategies
and actions to reduce the city's vulnerability . City
staff and stakeholders would be engaged thought
the project. Once complete, the plan would be
transmitted to the California Office of Emergency
Services (Cal OES) and the Federal Emergency
Management Agency (FEMA) for review and
approval.
Code enforcement tracks complaints.
GP A 2009-2 General Plan land use plan amended
to reflect 2009 FEMA flood update and Department
of Water Resources flood awareness areas.
Ongoing implementation. The former
Redevelopment Agency funded a geologic study to
compile fault hazard information for the downtown
area.
General Plan Amendment 2009-2 and Ordinance
1056 added prohibitions for new public facilities in
flood hazard area and requirements for new
residential development. Residential projects must
review a conditional letter of map amendment from
FEMA to demonstrate that a lot will not be in a
flood hazard area.
Hazmat communication is integrated between the
City and the County. The County Environmental
Health Department has a county wide hazardous
management plan. City and county participation
includes disaster preparedness planning and
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City's Emergency Plan exercises. The county has a hazardous waste collection program that serves the City of Hollister.
HS .J Conduct periodic emergency exercises Staff attends training coordinated by the Office of (Ongoing) Emergency Services
HS.K Conduct periodic noise Insufficient staff resources monitoring(Ongoing)
HS.L Continue to implement actions related Ongoing.
to umeinforced masomy buildings
(Ongoing)
HS.N Identify traffic noise mitigation needs Noise study and conditions for noise reduction are (Ongoing) implemented in developments for projects where the environmental analysis pursuant to the
HS.T Review new development for California Environmental Quality Act (CEQA) potential noise impacts determines the need.
HS.O Periodically evaluate the City's Noise The City of Hollister approved Ordinance 1137 on Ordinance (Ongoing) April 3, 2017 adopting an updated Noise Ordinance addressing days and hours of operation for
construction activities.
HS.P Provide staff training on noise Ongoing training in conjunction with code enforcement (Ongoing) enforcement training
HS.Q Regularly update Building Code Ongoing.
(Ongoing)
HS .R Require cleaning on sites with Two previous clean-up sites were the former hazardous soils (Ongoing) Leatherback property purchased by the former RDA located on the southeast comer of Hillcrest
and McCray Street and on the southwest comer of
McCray Street and 4 th Street. Ongoing
implementation provided in an as needed basis.
3. HOUSING ELEMENT REPORTING REQUIREMENTS
Ju rl id lcUon
Re porting Yn r 2021 (J&n. 1 • Dec. 3 1)
Planning Pariod 5th Cyc le
1 RHNAA1l oe111ion Income Leve l 2015 by Inco me L.ev■I De ed Restric te d 31 2 Vcrv Low Nol)-Oeed Res tricted
Deed Restricted 189
Low Non-Deed Restric ted
Deed Restric ted 258 Moderate Nol'H)eed Rc slricted
A~ Modera te .., 68
Total RH/\tll. 1,318
Total Uni la ..
• ta 1s alA0-90J>IAi1\e onco y01.1 enteryo11 risdiclion na me a cummL yu r ata. ANNUAL ELEMENT PROGRESS REPORT PHtyearinlom!ationcomc11'rompro-.fou1A PR1.
Housing Element Implementation
(CC R Title 25 §6202)
Please contact HC D 1l you r data II dllfercnl than Iha mat erial supplied here Table B
Regional Housing Needs Allocation Prooress
Permitted Units Issued bv Affordabllitv
2 2011 2017 2018 20 19 2020 2021 2022 ''"'
"
"
1J
12 91 2 ' 87 219 296 283 298 "'
99 310 311 "' 298 "' -I -I
'
Tot.I Un its to
~te(allye■rl)
..
81 121
1,643
1,8911
•
Tota lAtmalnlng
'"""by ln-c:Offll
L.,..•1
"'
"'
"'
511
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PROJECT
ENTITLED TYPE OF HOUSING
1620 BUENA VISTA (NORTH OF BUENA VISTA/WEST OF MILLER RD) ...... 130 .................. APARTMENTS SOUTH STREET TOWNHOMES ......................................... 14 ............. .TOWNHOMES 435 SAN BENITO STREET (MIXED USE) .............................. 5 ............... APARTMENTS 500 SAN BENITO STREET (MIXED USE) ............................. 12 .............. APARTMENTS 650 CENTRAL AVE .................................................... 1 ............... RENTAL (3RD UNIT) AVALON (ADJACENT TO MAZE SCHOOL) .......................... .116 ............ SFR 760 CANAL ALLEY (ADU) .......................................... 1 ................ RENTAL 1380 MEMORIAL (ADU) ........................................... 1 ................ RENTAL 2101 RALEIGH CIR (ADU) .......................................... 1 .................. RENTAL 230 SAN LORENZO DRIVE (ADU) ................................. 1 ................ RENTAL 437 SIXTH STREET (ADU) .......................................... 1 ................ RENTAL 333 MAPLETON (ADU) ............................................... 1 ............... RENTAL 1260 SUNNYSLOPE ROAD (ADU) ................................... .1 ................ RENTAL 725 CANAL ALLEY (ADU) ........................................... 1 ................ RENTAL 270 SAN TROPEZ DRIVE (ADU) ..................................... 1 ................ RENTAL 837 FIFTH STREET (ADU) ........................................... 1 ................ RENTAL
TOTAL RESIDENTIAL UNITS IN THE CITY OF HOLLISTER
ENTITLED IN THE YEAR 2021 ................. 288 (172 MULTIFAMILY UNITS AND 116 SINGLE FAMILY) 28 F.9.a
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TABLEC
PROGRAM IMPLEMENTATION STATUS CITY OF HOLLISTER
Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
H.A Develop program Financial assistance 2010 Completed guidelines to establish a to return foreclosed
Foreclosed Home homes to purchase
Reactivation Program and rehabilitate
foreclosed homes as
affordable housing
H.B Develop program Program to help rent July2010 Ongoing program. Former guidelines to establish a payments for lower Redevelopment Agency Tenant Based Rental income households allocated $50,000 per year for Assistance (TBRA) so cost does not tenant based senior rental Program exceed 30% of the assistance for ten years until household income. December of 2019 .
H.C Implement impact Remove Ongoing Tiered impact fees have been fees and planning fees governmental adopted that are lower for that encourage the constraint to multi-family residential units construction of affordable affordable housing and secondary units . The City housing. Lower of Hollister works with
connection fees for multi-developers who provide
family units special needs housing such as
senior housing and has
reduced impacts fees to 1/3 of
the fee making a finding that
the senior development would
only occupy less than half of
the household average.
The City of Hollister meets
with developers and
encourages developers to
work with agencies that
Develop special
needs/affordable housing such
as Community Housing
Improvement Systems and
Planning Association, Inc.
(CHISP A), Community
Services Development
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
Corporation (CSDC) and
others to partner and provide
affordable housing.
The City of Hollister has a
density bonus section in the
Hollister Municipal Code
under Section 17.04. In
accordance with Sections
65915, 65915.5 and 65917 of
the California Government
Code, the purpose of this
Article is to provide density
bonuses, incentives, or
concessions for the
production of housing for
extremely low, very-low,
lower, and moderate-income
households, and senior
households. In enacting this
Article, it is also the intent of
the City to implement the
goals, objectives, and policies
of the City's General Plan
Housing Element and to
establish a City density bonus
for the provision of affordable
senior housing. The Density
Bonus Section of the Hollister
Municipal Code is attached to
this document in its entirety
as Appendix K.
Additional incentives in the
Hollister Municipal Code
include per note number 7 of
Table 17.04-2 Residential Lot
Size , Lot Area, Density and
Open Space Requirements by
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
District of Section 17 .04.030
Residential General
Development Standards of the
Hollister Municipal Code the
Planning Commission may
waive the minimum density
requirement for a
development proposal with
I 00% multifamily affordable
housing in the R4, R4-20, and
OT-H Zoning Districts where
it is demonstrated that the
minimum density standard
poses a constraint to the
viability of the development.
The manager's unit may be
excluded from the
affordability requirement. A
conditional use permit shall
be required for approval of
the waiver.
H.D Amend standards for Amend zoning August Completed -Ordinance 1056 Homeless Shelters and ordinance to comply 2010 Adopted December 2009. Per Transitional Housing to with state law SB2 Government Code comply with SB2 Section 65583 At least one
zone shall be identified to
permit emergency shelters
without a conditional use
permit or other discretionary
action: Per Section 17.22.120
of the Hollister Municipal
Code Small Temporary
Residential Shelters (STRS)
or Large Temporary
Residential Shelter (LTRS).
These uses are permitted by
right in the North Gateway
(NG) Zoning District.
Appendix C indicates
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
potential sites in the City of
Hollister.
on June 22, 2016, the City of
Hollister worked with the
applicant San Benito County
for the approval of a
Conditional Use Permit to
perform tenant improvements
to an existing 12 ,800 sq. ft.
building on a 22,500 sq. ft. lot
and utilize it as a transitional
housing shelter for both men
and women to provide meals
as well as housing, and
employment services.
All proposed development in
the residential zoning districts
is subject to a discretionary
review by the city and
required entitlements by the
City of Hollister Planning
Commission whether through
a site and architectural review
process, a conditional use
permit or both to ensure that
all buildings meet the general
development standards in
Section 17.04 of the Hollister
Municipal Code and
transitional housing, and
supportive housing, are
subject to the same
restrictions as other
residential uses and not
treated differently in order to
promote unified and distinct
development and for the
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
orderly development and
good quality of life to the
residents and to meet the
city's residential general
development standards. The
residential standards include
but are not limited to open
space, parking, the mitigation
of any effect of the layout of
the development on traffic
conditions and patterns on
surrounding streets and for
compliance with requirements
for a Circulation Plan in
Section 17.18.030 and
supplemental standards in the
applicable zoning district for;
the layout of the site with
respect to locations and
dimensions of vehicular
pedestrian entrances , exits,
drives and walkways; the
adequacy of off-street parking
facilities to prevent
congestion; the location,
arrangement and dimensions
of loading and unloading
facilities; the circulation
pattern within the boundaries
of the development, the
surfacing and lighting of off-
street parking facilities.
H.E Amend zoning Remove August Completed -Ordinance 1056 ordinance standards for governmental 2010 Adopted December 2009 second units and small constraints to infill
lots in the Measure Y housing with more On March 23, 2017 the exemption area flexible standards planning commission
approved a resolution
recommending to the city
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
council adoption of an
ordinance to allow for
accessory secondary units in
the city per Senate Bill 1069.
The Council approved the
Ordinance in May 2017.
H.F Lot Consolidation Incentive for lot June 2010 Measure U with Ordinance program to add incentives consolidation with 979 came to an end in 2012. the Growth Management growth management The City of Hollister is program !)reserve 50 and re-use of the considering a growth units for lot consolation upper floors management program for for 2011-2012 allocations downtown. 2019 . However, H.F was part 2) re-allocate unused lots of the Measure U growth
to lot consolidation; 3) management allocation point
RDA to offer below system. In the event housing
market rate funding in allocations were re-allocated,
Measure Y exemption lot consolidation projects in a
area for affordable multi-family or mixed use
projects with lot zoning was one of the highest
consolidation or re-use of priorities.
the upper floors
Maintain inventory of Ongoing The State of California
sites, expedite project adopted AB 1 X26 and clean
plan review up legislation AB 1484 that
abolished all RDA's on
February 1, 2012.
Current -HE Appendix H
H.G Establish Encourage public Ongoing Ongoing participation with partnerships with the participation from Intergovernmental Committee community with all economic and cooperation between
neighborhood segments county and city's housing
associations, conduct programs.
annual housing forums
and Intergovernmental The Intergovernmental
Committee Committee is made up of
members of the County Board
of Supervisors as well as City
of Hollister and City of San
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
Juan Bautista
councilmembers and school
district representatives meet
at least once per month to
discuss topics related to
housing, infrastructure,
schools, circulation, public
health and safety, amongst
others.
The City of Hollister has
provided services such as
water and sewer outside of its
jurisdictional boundaries to
proposed low income
development. On July 21,
2014 the City of Hollister
City Council approved
Resolution No. 2014-148
approving a memorandum of
understanding between the
City and CHISP A for the City
to provide extended services
outside of its jurisdictional
boundaries to approximately
4.71 acres of land identified
by apn O 19-400-001 through
019-400-014 for the
development of 13 single
family residential affordable
housing units and 41
affordable apartments with
the requirement that the
property gets annexed into the
City of Hollister prior to the
issuance of certificate of
occupancy of the first
residential unit. The project is
currently under construction.
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
In 2016 the property was
annexed into the City of
Hollister. The 41 apartments
have since been built and
were occupied in 2018 .
H.H Stimulate re-use and Reduce parking January 1. Completed -Ordinance infill Downtown constraints and 2010 1056 Adopted December
1. Amend zoning provide more 2009
ordinance flexible 2. After the construction of
standards for development January 100 units in the Measure guest parking , standards for infill 2010 Y downtown area the minimum lot size areas downtown City of Hollister shall
2. Parking review the need for a
Reduction in parking district, review
Measure Y area the effectiveness of the
3. Maintain parking enforcement
inventory of procedures
potential re-use Ongoing 3. Current -HE Appendix G
sites
H.I Amend zoning Provide more 2010 Completed -Ordinance 1056 ordinance to stimulate flexible Adopted December 2009 - development in Measure development will continue to review and Yarea standards for infill adjust as necessary.
in the Measure Y
area
H.J Site and Architectural Remove constraints December Ongoing. Met with local Review process -to provision of 2010 affordable housing developers
1. Two meetings affordable housing to review application with non-profit from development constrains. The City's housing review process application for new
developers to development and conditional
review constraints use permits were adjusted so
for residential it could be easier to follow.
developments Efforts to address affordable
housing constraints will
continue in 2021.
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Imolementation
H. K Partner with water Ensure water supply Ongoing Continued City interagency purveyors to continue to for housing participation in Governance provide for future water development Committee for planning and system capacity developing programs for long
term water supply and
quality.
There is enough capacity to
meet the RHNA for lower
income households for water
and sewer in the City of
Hollister. In general, water
quality is regulated by the
State Water Resources
Control Board through the
National Pollutant Discharge
Elimination System (NPDES)
program. The goal of the
program is to control and
reduce pollutants to water
bodies from point and non-
point discharges for both
long-term project activities
and construction activities.
The Central Coast Regional
Water Quality Control Board
(regional board) issues and
enforces NPDES permits for
discharges to water bodies in
the portion of Monterey
County that drains to the
Monterey Bay. Storm water
from the city drains into the
San Benito River and the
Pajaro River, which
eventually empties into the
Monterey Bay. As identified
in the city's general plan EIR,
groundwater is used in
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
conjunction with surface
water to meet water demands
within the Gilroy-Hollister
underwater Basin (page 4 .10-
8). "Conjunctive use" of
groundwater and surface
water can result in a
combined yield that is greater
than the sum of the separate
yields of the surface water
and groundwater components.
This is achieved by using
stored groundwater to supply
most of the demand during
droughts, when surface water
deliveries are curtailed .
During wet periods, surface
water is used to meet most of
the demand, and groundwater
storage is allowed to recover.
Waste Discharge
Requirements. The City of
Hollister Domestic
Wastewater Plant has a design
capacity of over 5.0 million
gallons per day,
which will provide sufficient
capacity for anticipated flows
through the year 2023,
according to the city's Long-
Term Wastewater
Management Program (City
of Hollister 2005) and the
2008 Urban Area Water and
Wastewater Master Plan
(City of Hollister 2008).
Currently, the domestic
wastewater plant processes
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
less than 3 million gallons per
day which means that there is
enough capacity to meet the
RHNA for lower income
households for sewer.
Wastewater facilities and
treatment are provided by the
City of Hollister. The city
operates two wastewater
treatment and disposal
facilities. The Domestic
Wastewater Treatment Plant
is located west of downtown
on both sides of the Highway
156 bypass near the San
Benito River. The Industrial
Wastewater Treatment
Facility is located west of
downtown Hollister at the
west end of South Street and
on the north side of the San
Benito River, less than one
mile east of the Domestic
Wastewater Treatment Plant.
Treated wastewater from both
facilities is disposed of by
percolation, which contributes
to localized areas of high
groundwater in the Hollister
West sub-basin. Wastewater
generated from future
residential development will
be collected and conveyed to
the City of Hollister Domestic
Wastewater Treatment Plant
for treatment and disposal.
The city's wastewater
treatment plant utilizes
immersed member bioreactor
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
technology to produce
effluent that meets state Title
22 requirements for tertiary
recycled water.
H. L Energy conservation
1. Research funding Reduce utility costs 2011 1. Ongoing with PG&E and and energy cost with 2. Completed -this was part other sources for solar roof panels of the former growth development of a management program
program similar to ranking criteria. The city
Berkeley First and will continue to encourage
adopt program energy conservation by
information about awarding growth
solar technology management allocations
for home owners. to projects with energy
2. Award growth conservation methods.
allocates to 3. Energy Conservation
projects with material in English and
energy Spanish provided from
conservation PG&E, AMBAG Energy
3. Prepare bi-lingual Watch and Central Coast
materials & Energy Service at the
explore site review planning/building
standards 2011 department's counter.
Ongoing for 2021.
H. M Process zoning Mixed of housing July 2011 Completed -Ordinance 1056 ordinance amendment for types for single Adopted December 2009. mobile homes and family homes and Found in Section 17.04.020 manufactured homes pnces Residential Zone Land Uses
and Permit Requirements,
Table 17.04-1 Residential
Land Uses and Permit
Requirements
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Program Na mes) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
H . N Amend standards for Provide incentives July 2011 Completed-Ordinance 1056 affordable housing in for construction of Adopted December 2009 mixed use districts and affordable housing
establish a new R4-20
zoning district (20 -35 du
per acre)
H. 0 Require city initiated Stimulate Ongoing R4-20 zoning district rezone to R4-20 zoning construction of a established in December 2009 district to assure average variety of housing -Will be reviewed on case by development density for prices for all income case basis. zoning district in levels
Performance Overlay
districts is met and that
affordable housing will be
constructed
H. P Establish process for Encourage July 2010 Ongoing
expedited development development of
review for affordable affordable housing
housing
H. Q.
1. 2008-2010 Growth 2009 1. Completed July 2009
allocations -254 2. Measure U with
with 120 for lower Ordinance 979 came to an
mcome end in 2012. The Council
households and adopted a new growth
58% to multi-management program for
family and mixed 2020 that would exempt
use affordable housing,
multifamily residential
units, special needs
housing, and secondary
units per SB 1069
amongst others, from
requiring residential
allocations.
H. R Amend zoning Compliance Health July 2012 No Activity in 2021. Vista de ordinance requirements and Safety Code Oro: 80 Very low and low for farm worker housing §17021.5 & 17021.6 income housing units were 41 F.9.a
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
built and received temporary
occupancy in 2018 at Miller
Road and Fourth Street.
H .S Develop guidelines to Encourage July 2012 Staff has met with local partner with local development of affordable housing providers affordable housing affordable housing including CHISP A and CSDC providers to facilitate to discuss application process
development of affordable constrains. Collaboration is
housing ongomg.
H.T Prepare a study to 2011 The Council approved a new
assess need for growth growth management program
management program in for 2020 that would exempt
relation to unmet needs affordable housing,
for housing, prices and to multifamily residential units, assure unmet regional special needs housing, and
housing new construction secondary units per SB 1069
needs are met. amongst others, from
requiring residential
allocations. However, due to
SB330 also known as the
"Housing Crisis Act," the
growth management
ordinance cannot be
implemented .
H.U Evaluate need for an December At its regular meeting of inclusionary housing 2012 Monday February 3, 2020, the
program concurrent with City Council of the City of
expiration of Measure U Hollister adopted Resolution
in 2012 No. 2020-17, a resolution of
the City Council of the City
of Hollister awarding a
contract to Place Works, Inc.
for the preparation of a
General Plan Update and
Environmental Review for the
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Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
City of Hollister. Section 4.1
of the scope of work for the
City of Hollister update of the
general plan indicates that
"Place Works Inc . will
develop several alternatives
for inclusionary housing
policies and policies that
might require a percentage of
rental residential units within
each residential project or
subdivision." Place Works,
Inc. will prepare a public
involvement strategy which
will describe outreach goals,
identify ways to engage
underrepresented groups in
the community including
preparing materials and
conducting meetings in
English and Spanish, define
public input "channels" such
as workshops, pop-up events,
provide presentations to
community groups , and
online engagement by which
to gather community .. opm10ns.
H. V Protect "at -risk" Assist in City of Hollister implemented units maintaining use of Housing programs H.V and
rehabilitation loan H. Y. by entering into a loan
program and H. Y. agreement with Eden Housing
Protect "as risk' to assist with rehabilitation of
units . the 54 unit Rancho Park
apartments and 19 unit Rustic
Gardens affordable housing
developments. Resolution
2015-108 approved a
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
modified loan agreement to
assist with rehabilitation and
preservation of the
affordability of the units
(another 55 years). An
additional $117,000 was lent
to assist with the
rehabilitation from the
Housing Successor Low
Moderate Income Housing
Asset Fund. The modified
loan agreement was recorded
in February 2016.
H.W Annex 75 acres of Assure sufficient 2012 Ongoing. In 2017 there were lands in Sphere of residential sites 62 .28 acres of land annexed Influence for residential available for future into the R3 Medium Density district by 2012 housing element Residential Zoning District as follows:
(CHISPA)-4 .7 acres of land
for medium density
residential north of Buena
Vista Road. 41 Affordable
apartments were built in 2017
and 13 affordable single
family homes are currently
under construction .
(DeN ova Homes) APN: 019-
130-026 and 019-130-027
consisting of a total of 5 7. 5 8
acres within the R3 M/PZ
Medium Density Residential
Zoning District.
In 2018 there were 171.07
acres of land pre-zoned for
annexation into the City of
Hollister including: 151.1
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improvement, and development of housing as identified in the housin2 element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
acres into Rl-L/PZ Low
Density Residential, 17.43
acres into NG North
Gateway Commercial, and
2.54 acres into Open Space
as follows:
On March 5, 2018, The City
Council adopted Ordinance
No. 1151 pre-zoning for
annexation 53.35 acres
identified as San Benito
County Assessor Parcel
Number 020 -310-009, to
Open Space/Public on 2.54
acres and to Low Density
Residential Performance
Overlay Zone (R-1 L/PZ) on
the remaining 50.81 acres for
the Roberts Ranch property .
On August 6, 2018, the City
Council adopted Ordinances
1157 through 1168 pre-
zoning 11 7. 72 acres of land of
which approximately 100.29
acres were pre-zoned for Rl
Single Family Residential and
1 7. 73 acres were pre-zoned
for possible future
commercial uses in the NG
North Gateway Zoning
District.
The City recently annexed the
following:
1) APN: 019-120-005
Woodle property consisting
of 9 .09 acres for Medium
Density Residential;
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
2) APN: 019-310-002 Rosati
property consisting of 23 .51
acres for Medium Density
Residential.
H.X Publicize energy Energy conservation Ongoing Promote PG&E programs. conservation programs PG&E sponsors a variety of
programs designed to
encourage energy efficiency
by consumers and the
building industry .
H . Z Conduct annual Review and evaluate April of Ongoing housing element review housing programs each year
H .AA Identify key sites Construction of Ongoing The State of California for affordable rental and affordable rental and adopted AB 1 X26 and clean ownership units and use ownership housing up legislation AB 1484 that Redevelopment Agency abolished all RDA's on
funds to facilitate February 1, 2012.
investments in projects.
H.BB Maintain a list of Construction of Ongoing Lists in Housing Element F, new sites for multi-family diversity of housing G and H were prepared in infill housing and special types and affordable 2009 of multi-family sites, needs housing where housing infill , lot consolidation and opportunities are available potential transitional housing sites.
H.CC Maintain Evaluate Annual Ongoing.
Monitoring Systems effectiveness of The Inventory of
housing programs Homeownership Units
Assisted by the former
Hollister Redevelopment
Agency or Housing Successor
that are subject to covenants
or restrictions 34176.1 (12)
are 511.
The former City of Hollister
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
Redevelopment Agency
entered into an agreement
with Hollister Investment
Group to provide tenant based
rental assistance to ten very
low income senior apartments
at the Prospect Villa Senior
Apartments until the end of
2019 in the amount of
$50,000 per year. Funds were
deposited into the Low
Moderate Income Housing
Successor Funds from
(Recognized Obligation
Payment Schedule) ROPS
2013-14 A and 2013-14 Bin
the amount of $50,000 for
rent assistance at the Prospect
Villa Senior Apartments.
The property at 1191
Sunnyslope Road was
developed for transitional
housing with assistance from
the Low Moderate Income
Housing Funds of the former
Hollister Redevelopment
Agency and continues to be
leased to Emmaus House with
rental restrictions for said use.
H.DD Pursue and expand Construct and Ongoing Housing Element was all obtained funding support affordable completed and certified in resources by working with and special needs 2009 and in 2015. The State non-profit and for-profit housing of California adopted housing developers and AB1X26 and clean up
supporting the RDA legislation AB 1484 that
abolished all RDA's on
February 1, 2012.
H.EE Link Code Maintain existing Ongoing Ongoing implementation 47 F.9.a
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improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
Enforcement with public housing stock
information
H.FF Monitor special Adjust priorities for Ongoing City Council grant funding to housing needs special housing special housing need
needs from ongoing providers for homeless, local
monitoring food bank and abused
persons. The State of
California adopted AB 1 X26
and clean up legislation AB
1484 that abolished all RDA's
on February 1, 2012.
H.GG Foster and maintain Develop special Brochure available for second partnerships for special needs housing units.
needs housing and
affordable housing with In May of 2017 The City
programs for second Council adopted an ordinance
units, rental assistance for residential development
and rehabilitation loans standards for second units and waived sewer and water
impact fees per SB 1069.
The State of California
adopted AB1X26 and clean
up legislation AB 1484 that
abolished all RDA's on
February 1, 2012.
H.II Provide fair housing Assure equal Ongoing Ongoing. The City of information and respond housing Hollister collaborates with the to complaints opportunities San Benito County Housing
Authority.
H.JJ Operate Goal of assisting 3 3 Ongoing The State of California Redevelopment Agency homeowners adopted AB1X26 and clean Owner Occupied up legislation AB 1484 that
Rehabilitation Program abolished all RDA's on
February 1, 2012.
H.KK Continue to Goal of assisting 20 Ongoing The former RDA assisted implement Hollister homeowners with the purchase of 11 single Second Mortgage family residences with the
Program Hollister Second /First Time
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
Home Buyer program of
which three were very low
income households, seven
were low income households
and one was a moderate
income household. The State
of California adopted
AB1X26 and clean up
legislation AB 1484 that
abolished all RDA's on
February 1, 2012.
H.LL Require new Energy conservation Ongoing Building permits are reviewed development to comply on an ongoing basis for
with Title 24 at a compliance with Title 24 .. mm1mum
H .MM Make sites Provide housing for Ongoing Approved the following types available to meet new all income levels of projects:
construction needs • Vista Meadows:
72 low income rental units
(71 senior). Status:
Constructed and occupied
2011
• Hillview I:
25 low income single family
self-help units. Status:
constructed and occupied in
2011
• Hillview II
30 low income single family
self-help units . Status :
constructed and occupied in
2014 .
• Gateway Palms
32 low income rental units .
Status: constructed and
occupied in 2011.
• North Florida Dev .
On June 26, 2013 the City of
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
Hollister Planning
Commission approved Site &
Architectural Review
Application No. 2013-3 and
Tentative Map No . 2013-1 to
subdivide an 8.51 acre parcel
into forty-four (44) lots
consisting of commercial and
residential improvements.
The residential improvements
include 63 apartment units
and 38 single family units.
Status: single family units
occupied in 2017 .
Multifamily expected to start
construction in 2020. Plans
for the multifamily aspect of
the development have been
recently submitted to the
building department for
permits.
• CHISPA Buena Vista:
In 2016 the City of Hollister
worked with the applicant and
affordable housing provider
CHISP A to annex
approximately 4.7 acres of
territory for 41 affordable
apartments and 13 affordable
single family homes. The
apartments were built and
occupied in 2017. The
affordable single family
homes were built and
occupied in 2018.
• Vista de Oro
80 Very low and low
income housing units
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
were built and received
temporary occupancy in
2018 at Miller Road and
Fourth Street.
• CHISP A Line Street
49 Age restricted low
income senior apartment
units received approval in
201 7 and received
occupancy in 2019 . The
apartments are located on
Line Street between 51h
Street and 7th Street.
H.NN Implement Protect Affordable Annual The State of California Hollister Redevelopment Housing adopted AB 1 X26 and clean Agency resale regulations up legislation AB 1484 that
to maintain affordable abolished all RDA's on
housing February 1, 2012.
However, the City of
Hollister Successor Agency
will continue to monitor
affordable housing resale
regulations to maintain
affordable housing. Strategies
for maintain affordable
housing include Monitoring
the "Risk Assessment Report"
published by the California
Housing Partnership
Corporation (CHPC) to assess
federally financed projects.
-Maintain regular contact
with the local HUD office
regarding early warnings of
possible opt-outs.
-Maintain contact with the
owners and managers of
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
existing affordable housing to
determine if there are plans to
opt-out in the future, and offer
assistance in locating eligible
buyers.
-Develop and maintain a list
of potential purchasers of at-
risk units and act as a liaison
between owners and eligible
purchasers.
-Ensure that all owners and
managers of affordable
housing are provided with
applicable State and federal
laws regarding notice to
tenants of the owner's desire
to opt-out or prepay. State law
requires a 12 month notice.
HOO Monitor Site and Reduce August Ongoing. The city provides Architectural Review governmental 2010 the public with the Site and Process constraints Annual Architectural (S&A)
submittal deadlines for the
entire year. The calendar is
online and in the department.
-Once S&A application is
submitted staff prepares
reports and provides reports
to City of Hollister
Development Review
Committee (DRC) members
within 7 days of S&A
deadline.
-DRC members have one
week to review reports before
DRC meeting.
-Staff provides comments
from DRC to applicants and
provides the applicant with up
to one week to make any
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
necessary revisions to the
plans.
-Public notice is submitted to
the newspaper and it must be
published at least 10 days
prior to the public hearing
planning commission
meeting.
-Total S&A application
processing time for
categorically exempt CEQA
S&A projects is
approximately 6 weeks.
H.PP Annual review of The City of Hollister had in
growth allocation place a Growth Management
procedures Ordinance known as Measure
U per Section 16.64 Growth
Management Program of the
Hollister Municipal Code
which allowed up to 244
residential dwelling units per
year. Measure U expired in
2012. The land use priority
for the 244 residential
dwelling units included 190
dwelling units in the medium,
high, or mixed use high
density districts, 50 in the low
density residential zoning
districts and 4 for small
projects. At least 35 of the
244 residential dwelling units
needed to be for affordable
housing. Second units were
exempt from the growth
management program per
Section 16.64.030 Exemptions
of the Hollister Municipal
Code. The application for
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
residential allocations under
the growth management
program was a point system
and the highest number of
points was given to proposed
developments that provided
affordable housing.
Developers were encourage to
provide affordable housing
since as part of the
application process for the
growth management
allocations developers had a
greater chance of obtaining
the residential allocations if
they provided affordable
housing. The growth
management applications had
the following questions that
provided the highest points:
1. In order to assist the city in
meeting its RHNA
requirements, does the project
provide residential units
affordable to extremely-low
income households? 2. In
order to assist the city in
meeting its RHNA
requirements, does the project
provide residential units
affordable to ve ry low income
households? 3. In order to
assist the city in meeting its
RHNA requirements, does the
project provide residential
units affordable to low
income households? 4. In
order to assist the city in
meeting its RHNA
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
inH.E. Implementation
requirements, does the project
provide residential units
affordable to moderate
income households? 5. Is a
low-income housing
company, agency, or non-
profit included in the project
team in order to ensure the
construction and occupancy
of residential units identified
as affordable? The City of
Hollister adopted a growth
management program in 2019
which limits residential
allocations to 159 market rate
single family homes per year
and exempts affordable
housing, special needs
housing, rental housing
amongst others. However,
due to SB330 also known as
the "Housing Crisis Act," the
growth management
ordinance cannot be
implemented.
The City of Hollister meets
with developers and
encourages developers to
work with agencies that
Develop special
needs/affordable housing such
as Community Housing
Improvement Systems and
Planning Association, Inc.
(CHISP A), Community
Services Development
Corporation (CSDC) and
others to partner and provide
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
affordable housing.
The City of Hollister has
provided services such as
water and sewer outside of its
jurisdictional boundaries to
proposed low income
development. On July 21,
2014 the City of Hollister
City Council approved
Resolution No . 2014-148
approving a memorandum of
understanding between the
City and CHISP A for the City
to provide extended services
outside of its jurisdictional
boundaries to approximately
4.71 acres ofland identified
by apn O 19-400-001 through
019-400-014 for the
development of 13 single
family residential affordable
housing units and 41
affordable apartments with
the requirement that the
property gets annexed into the
City of Hollister prior to the
issuance of certificate of
occupancy of the first
residential unit. The project is
currently under construction
and it was annexed to the City
of Hollister in 2016.
The City of Hollister has a
density bonus section in the
Hollister Municipal Code
under Section 17.04. In
accordance with Sections
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
65915, 65915.5 and 65917 of
the California Government
Code, the purpose of this
Article is to provide density
bonuses, incentives, or
concessions for the
production of housing for
extremely low, very-low,
lower, and moderate-income
households, and senior
households. In enacting this
Article, it is also the intent of
the City to implement the
goals, objectives, and policies
of the City's General Plan
Housing Element and to
establish a City density bonus
for the provision of affordable
senior housing. The Density
Bonus Section of the Hollister
Municipal Code is attached to
this document in its entirety
as Appendix K.
Additional incentives in the
Hollister Municipal Code
include per note number 7 of
Table 17.04-2 Residential Lot
Size, Lot Area, Density and
Open Space Requirements by
District of Section 17.04.030
Residential General
Development Standards of the
Hollister Municipal Code the
Planning Commission may
waive the minimum density
requirement for a
development proposal with
100% multifamily affordable
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Program Description Housing Programs Progress Report -Government Code (By Housing Element Section 65583
Program Names) Describe progress of all programs including local efforts to remove governmental constraints to the maintenance,
improvement, and development of housing as identified in the housing element.
Name of Program Objective Timeframe Status of Program
in H.E. Implementation
housing in the R4, R4-20, and
OT-H Zoning Districts where
it is demonstrated that the
minimum density standard
poses a constraint to the
viability of the development.
The manager 's unit may be
excluded from the
affordability requirement. A
conditional use permit shall
be required for approval of
the waiver.
**************************************************************************
4. CITY OF HOLLISTER GENERAL PLAN COMPLIANCE WITH THE OFFICE OF
PLANNING AND RESEARCH GENERAL PLAN GUIDELINES
The City of Hollister Annual 2021 General Plan Progress report was reviewed and accepted by the City Council at the regular City Council meeting of March 21, 2022 per Section 65400 of the Government Code.
5. DATE OF THE LAST UPDATE TO THE CITY OF HOLLISTER GENERAL PLAN The City of Hollister completed a comprehensive update to the 1995-2005 General Plan when it adopted the 2005-2023 General Plan in December of 2005. The update was prepared to be in compliance with the Office of Planning and Research General Plan Guidelines. The required revision of the City of Hollister General Plan Housing Element for the 2009-2014 program periods was completed in 2009 . The required revision of the City of Hollister General Plan Housing Element for the 2015-2023 program periods was completed in April of 2016. As required by section 65302 (d)(3) and (g) (2) of the Government Code, the City of Hollister Natural Resources, Health and Safety and Land Use and Community Design Elements were concurrently amended. The amendments provide more accurate mapping of flood hazard areas (including Flood Awareness Protection Areas) as well as liquefaction and landslide hazards.
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mitigation plan and to avoid establishment of residential and public facilities in flood hazard areas .
The City Council of the City of Hollister is actively working on an update to the existing 2005 -2023 General Plan . At its regular meeting of Monday February 3, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-17, a resolution of the City Council of the City of Hollister awarding a contract to Place Works, Inc. for the preparation of a General Plan Update and Environmental Review for the City of Hollister.
6. CITY COUNCIL PRIORITIES FOR LAND USE DECISIONS (E.G. PASSAGE OF MORATORIA OR EMERGENCY ORDINANCES).
On May 25, 2016 the City of Hollister received a letter from the Department of Housing and Community Development indicating that the department was pleased to find the adopted housing element 2015 -2023 in full compliance with State housing element law.
The State of California adopted AB 1X26 and clean up legislation AB 1484 that abolished all RDA's on February 1, 2012. The city council approved Resolution No. 2012-06 in January of 2012, a resolution of the City of Hollister to express its intent to serve as the successor agency of the former RDA of the City of Hollister, pursuant to health and safety code section 34171 G) and section 34173, and to elect to retain the housing assets and functions previously performed by the RDA of the City of Hollister, pursuant to health and safety code section 34176. This Resolution establishes that the City of Hollister will serve as both the Successor Agency and the Successor Housing Agency to the former Hollister RDA.
7. GOALS, POLICIES, OBJECTIVES STANDARD OR OTHER PLANS PROPOSALS THAT NEED TO BE ADDED OR WERE DELETED, AMENDED OR ADJUSTED. a. Policies and objectives of the general plan have been addressed on this report.
8. LISTS OF PLANNING ACTIVITIES
a. Planning Activities Initiated in 2021:
January 19, 2021
1. Resolution No. 2021-2 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the Roberts Ranch Single Family Subdivision for the Annexation of Territory into Community Facilities District No. 2 Annexation No. 28 (Police and Fire Services). 59 F.9.a
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2. Resolution No. 2021-3 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the Roberts Ranch Subdivision for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 40 (Public Facilities Services).
3. Resolution No. 2021-4 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the Roberts Ranch Multifamily Subdivision for the Annexation of Territory into Community Facilities District No. 5 Annexation No. 15 (Police and Fire Services).
4. Resolution No. 2021-5 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 814 Prospect Ave. Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 39 (Public Facilities Services).
5. Resolution No. 2021-6 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 814 Prospect Ave. Project for the Annexation of Territory into Community Facilities District No. 5 Annexation No. 14 (Police and Fire Services).
6. Resolution No. 2021-7 a Resolution of the City Council of the City of Hollister Approving the Chappell Road Master Plan and Accompanying Policy to Guide Future Development of the Chappell Road Project Area . Received presentation from Interim Development Services Director Prado.
7. 500 Foot Buffer Zone Along San Felipe Rd. and Hwy. 25 Restricting RV, Boat, and Mini- Storage.
8. Impact Fee Discussion for the Twin Oaks Development. Received report of Impact Fees from Interim Development Services Director Prado with a staff recommendation of not reducing the impact fees for the development and keeping the impact fees as previously agreed by the City Council. The applicant spoke in favor of reduction of fees, due to residential density of 1.53.
Council consensus was to not bring this item back.
February 1, 2021
9. Resolution No. 2021-17 a Resolution of the City Council of the City of Hollister Approving an Annexation Agreement Between the City of Hollister and Joan Rosati as Trustee of 60 F.9.a
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the Joan Rosati Living Trust, Stephen J. Rosati, Jeanne Rosati, and John A. Rosati for the Property Identified as APN 0 19-310-002.
10. Resolution No . 2021-18 a Resolution of Application by the City of Hollister Requesting the Local Agency Formation Commission of San Benito County (LAFCo) to Initiate Proceedings for the Annexation of Territory of the Parcel Identified as APN 019-310-002.
11. Interim Development Services Director Prado provided an informational update to the City Council on the progress of the 2040 general plan update.
12. Informational Report Regarding Tentative Map Approval Time. Received report from Interim Development Services Director Prado.
February 16, 2021
13. Resolution No. 2021-31 a Resolution of the City Council of the City of Hollister establishing an Arts & Culture Commission (Parks and Recreation).
14. City Council Appointed Planning Commissioner Roxanne Stephens as the second Planning Commissioner on the General Plan Advisory Committee (GP AC). Council gave direction for staff to place on the March 1, 2021, City Council Meeting agenda a Resolution that rescinds the original Resolution, and increases the public members to three (3). Advertise in the Free Lance for the public members and ratify them at the March 15, 2021, City Council Meeting.
March 1, 2021
15. Resolution No. 2021-37 a Resolution of the City Council of the City of Hollister Rescinding and Replacing City Council Resolution 2018-27 to have 7 members appointed by the City Council to Serve on the City of Hollister General Plan Advisory Committee (GPAC) Ad Hoc Committee instead of 5 members. Received report form Interim Development Services Director Prado. Council Member Burns motioned to adopt Resolution No. 2020-37. Motion seconded by Council Member Perez. Motion carried unanimously.
16. Resolution No. 2021-38 a Resolution of the City Council of the City of Hollister authorizing the calling for sealed bids for the Ladd Lane and Southside Road Traffic Calming Improvements Project.
17. Resolution No. 2021-39 a Resolution of the City Council of the City of Hollister to approve Pavement Evaluation Services for approximately 128 centerline miles of roads in the City of Hollister as presented for use in justifying SB 1 funding, appropriate funding and authorizing the execution of the agreement for the services with Kimley-Horn and Associates.
18. Resolution No. 2021-40 a Resolution of the City Council of the City of Hollister approving the appropriation of $10,340.00 from the general fund for the professional services cost to prepare a four way stop traffic analysis on 6th Street and Powell Street and on 6th Street and West Street. 61 F.9.a
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Received report from Interim Development Services Director Prado. Analysis concluded that at this time a four way stop was not warranted at this intersection. A traffic calming analysis recommended speed humps and signage. These have since been implemented.
19. General Plan Update. Received report from Interim Development Services Director Prado.
Received presentation from David Early, of Placeworks.
March 15, 2021
20. Resolution No. 2021-42 a Resolution of the City Council of the City of Hollister Approving an Annexation Agreement Between the City of Hollister and Alan and Lorraine Woodle for the Property Identified as APN O 19-120-005 Authorizing the Mayor to Sign the Agreement on Behalf of the City of Hollister.
21. Resolution No. 2021-43 a Resolution of Application by the City of Hollister Requesting the Local Agency Formation Commission of San Benito County (LAFCo) to Initiate Proceedings for the Annexation of Territory of the Parcel Identified as APN 019-120-005 .
22. Resolution No. 2021-44 a Resolution of the City Council of the City of Hollister Approving the City of Hollister Annual 2020 General Plan Progress Report. Received report from Interim Development Services Director Prado.
23. Ratify Public Member Appointments to the General Plan Advisory Committee (GPAC).
The following public members were appointed via City Council consensus to the General Plan Advisory Committee (GPAC): Chris Evans, Carol Johnson, Larry Rebecchi.
May 17, 2021
24. Resolution No. 2021-84 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the Farmstead Subdivision for the Annexation of Territory into Community Facilities District No. 5 Annexation No. 16 (Police and Fire Services).
25. Resolution No. 2021-85 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the Farmstead Subdivision for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 41 (Public Facilities Services). 26 . Ordinance No. 1201 an Ordinance of the City of Hollister Approving the Second Amendment to the Development Agreement By and Between the City of Hollister and the Development Known as West of Fairview.
June 21, 2021
27. Resolution No. 2021-116 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 125 Hawkins Alley Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 42 (Public Facilities Services) 62 F.9.a
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28 . Resolution No. 2021-117 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 125 Hawkins Alley Project for the Annexation of Territory into Community Facilities District No. 5 Annexation No. 17 (Police and Fire Services)
29. Resolution No. 2021-118 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 390 West Street Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 43 (Public Facilities Services).
30. Resolution No. 2021-119 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 390 West Street Project for the Annexation of Territory into Community Facilities District No . 5 Annexation No. 18 (Police and Fire Services).
31. Resolution No. 2021-121 : Development Services User Fees Update at full rate immediately.
32. Resolution No. 2021-123 a Resolution of the City Council of the City of Hollister Directing Staff to Make an Application to the Local Agency Formation Commission (LAFCO) for the City to Provide Sewer Service Outside of Its Jurisdictional Boundaries but Within the Sphere of Influence and Within the Hollister Urban Area Water and Wastewater Master Plan to the Property Located at 1520 Sunnyslope Road, Further Identified as San Benito County Assessor Parcel Number 020-442- 015.
33. Resolution No. 2021-124 a Resolution of the City Council of the City of Hollister approving the Initiation of Prezone 2021-2 to initiate the prezoning and expansion of the Sphere of Influence to include three parcels totaling 3 .10 acres located in the unincorporated area of the County of San Benito , south of Hillcrest Road and west of Los Altos Drive, further identified as San Benito County Assessor Parcel Numbers 020-460-035, 020-460-036, & 020-120-064.
June 22 , 2021 (Special Meeting)
34. General Plan Update Policy Options Study Session. Interim Development Services Director Prado gave a brief introduction of the item. David Early with Placeworks gave a presentation on the General Plan Update and answered questions from Council. Council Consensus was supportive of the update of the general plan status.
August 2, 2021
35.Resolution No. 2021-141 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the 1551 Citation Way Project for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 44 (Public Facilities Services for Amazon Facility).
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September 7, 2021
36.Resolution No. 2021-167 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the West Fairview Phase lB Subdivision for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 45 (Public Facilities Services).
37. Resolution No. 2021-168 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the West Fairview Phase lB Subdivision for the Annexation of Territory into Community Facilities District No . 5 Annexation No. 19 (Police and Fire Services).
38. Resolution No. 2021-169 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the Hollister Farms Subdivision for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 46 (Public Facilities Services). 39 . Resolution No. 2021-171 a Resolution of the City Council of the City of Hollister Approving the Subdivision Improvement Agreement and Deferred Improvement Agreement for the West of Fairview Phase lB Subdivision, Tract No. 303 and authorizing execution of the agreement for the Improvement with Lennar Homes of California, Inc.
September 20, 2021
40. Resolution No. 2021-183 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the West Fairview Phase IA Subdivision for the Annexation of Territory into Community Facilities District No. 4 Annexation No. 47 (Public Facilities Services).
41. Resolution No. 2021-184 a Resolution of the City Council of the City of Hollister Approving the Proposed Boundary of the West Fairview Phase IA Subdivision for the Annexation of Territory into Community Facilities District No. 5 Annexation No. 20 (Police and Fire Services).
October 18, 2021
42.Resolution No . 2021-196 a Resolution of the City Council of the City of Hollister Approving a Fully Funded Senior Planner position in the Development Services Department/Planning Division. 43 .Resolution No. 2021-197 a Resolution of the City Council of the City of Hollister Approving the replacement of the Associate Civil Engineer position and one Assistant Engineer position with two Associate Engineer positions in the Development Services Department/Engineering Division and the Revised Associate Engineer Job Description .
44.Resolution No . 2021-198 a Resolution of the City Council of the City of Hollister approving the Sally Street Traffic calming report and authorize implementation of the report to install the recommended traffic calming measures.
45.Resolution No . 2021-199 a Resolution of the City Council of the City of Hollister approving the Buena Vista Road Traffic Calming Analysis.
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46. Informational Report on the City of Hollister Mobile Food Ordinance. Received report from Interim Development Services Prado.
November 1, 2021
47.Resolution No. 2021-203 a Resolution of the City Council of the City of Hollister approving amendments , modifications , and revisions to the existing contract between the City of Hollister and Place Works , Inc . for the General Plan Update and Environmental Review to include the scope of services, costs, and schedule to be conducted by Place Works , Inc. in cooperation with Goldfarb & Lipman LLC. for an lnclusionary Housing Program for the City of Hollister; Authorizing a supplemental appropriation; and authorizing the city to receive the SB 2 grant funding.
November 15, 2021
48. Resolution No . 2021-211 a Resolution of the City Council of the City of Hollister determining that Public Convenience or Necessity would be served by the issuance of a T ype 42 Alcoholic Beverage Control License to Crave Wine Company located within Hollister's Downtown Historic District at 616 San Benito Street (APN 054-050-006) in the Downtown Mixed Use (DMU) Zoning District.
49.Resolution No. 2021-212 a Resolution of the City Council of the City of Hollister approving Conditional Use Permit 2021-7 to establish the use of a wine and retail shop , Crave Wine Company, in a +/-1,675 SF existing ground floor commercial space , located within Hollister's Downtown Historic District at 616 San Benito Street (APN 054-050-006) in the Downtown Mixed Use (DMU) Zoning District.
SO.Resolution No . 2021-215 a Resolution of the City Council of the City of Hollister Approving Commercial and Industrial Tax Sharing Agreement (This approval allows for annexations for commercial and industrial properties to occur).
51.Planning Department Report on the Current State of RHNA and Request for Direction.
December 6, 2021
52.Resolution No . 2021-224 a Resolution of the City Council of the City of Hollister adopting the Traffic Calming and All-Way Stop Control Warrant Analysis Prepared by Kimley-Horn and Associates, and Authorizing the Installation of Traffic Calming Measures for the Intersection of Chappell Road and Maple Street. Interim Development Services Director Prado gave a summary of the item, and answered questions from Council.
53 .Resolution No. 2021-225 a Resolution of the City Council of the City of Hollister Adopting the All-Way Stop Control Warrant Analysis Prepared by Kimley-Horn and Associates , and Authorizing the Installation of All-Way Stop Control for the Intersection of Chappell Road and 65 F.9.a
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Alvarado Street. Interim Development Services Director Prado gave a summary of the item, and answered questions from Council.
54.Resolution No. 2021-226 a Resolution of the City Council of the City of Hollister approving the proposal from Kimley-Horn and Associates, Inc. for the Buena Vista Road Traffic Calming - interim improvements project and authorizing staff to issue a task order for this work under the current on-call contract.
55 .Resolution No. 2021-232 a Resolution of the City Council of the City of Hollister approving Subdivision Improvement Agreement for Tract No. 359, Clearist Park Phase 1 and authorizing the execution of the agreement for the improvements with Clearist Park Inc. a California Corporation.
Interim Development Services Director Prado gave a brief summary of the item, and answered questions from Council.
December 20, 2021
56.Resolution No. 2021-239 a Resolution of the City Council of the City of Hollister approving the proposal for the San Felipe Road Precise Line and Beautification Study prepared by Kimley-Horn.
Interim Development Services Director Prado, gave a brief summary of the item and answered questions from Council.
57 .San Benito County Council of Government Presentation on the RHNA Methodology.
ADDITTIONAL ONGOING RECENTLY INITIATED PROJECTS PRIOR TO 2021
1. The City of Hollister City Council had multiple meetings in 2020 to discuss the possible implementation of a growth management ordinance. The growth management ordinance included multiple exemptions including, but not limited to, affordable housing, special needs housing such as senior housing, secondary units, and multifamily units. The efforts of the council to exempt various housing types from the potential growth management ordinance was in great part established in order to continue to meet and not have any impediments on the Regional Housing Needs. The City Council has previously directed staff to provide HCD with the City's Growth Management Ordinance for review and consistency with the City's current certified housing element and state law . Due to SB 330 also known as "Housing Crisis Act" the growth management ordinance will not be implemented.
11. On January 17, 2017 the City Council approved Resolution No . 2017-17 adopting a professional services agreement with O'Dell Engineering for the update and preparation of the Parks Facility Master Plan. Various public meetings took place in the spring and summer of 2017 to obtain the public's input. The Environmental work pursuant to the California Environmental 66 F.9.a
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Quality Act was recently completed and adopted by the City Council. The plan was completed in the spring of 2019. The City of Hollister is actively pursuing grants for the future parks as identified in the Parks Facility Master Plan, including, but not limited to a park behind Fire Station No. 2 and at the Leatherback Property . The City of Hollister was awarded a grant in 2022 for a park behind Fire Station 2 and is actively pursuing implementation. 111. An ad hoc committee on downtown signs was created to review the downtown sign ordinance and possibly implement amendments. As a result, the first reading of the ordinance took place on March 16, 2020. Ordinance 1188 was adopted at its regular April 6, 2020 meeting of the City Council. 1v. The City of Hollister, working with Willdan financial to review and update the development services department application fees, received approval by the City Council to update its fees in June of 2021.
v . In 2019 a request for proposal went out for the City of Hollister update of the general plan and environmental impact report pursuant to the California Environmental Quality Act. At its regular meeting of Monday February 3, 2020, the City Council of the City of Hollister adopted Resolution No. 2020- 17, a resolution of the City Council of the City of Hollister awarding a contract to PlaceWorks, Inc. for the preparation of a General Plan Update and Environmental Review for the City of Hollister.
v1. On April 20 , 2020, the City Council approved Resolution No. 2020-77 a Resolution of the City Council of the City of Hollister approving a supplemental appropriation in the amount not to exceed two hundred fifty thousand dollars ($250,000) to San Benito County Health and Human Services for the Home Resource Center.
v11. On June 15, 2020, the City Council approved Resolution No . 2020-121 a Resolution of the City Council of the City of Hollister Adopting a List of Projects for Fiscal Year 2020-2021 Funded by SB 1: The Road Repair and Accountability Act of 2017. Funding covered maintenance and repair on portions of McCarthy Street, Chappell Road, Casten Ct., and also will cover maintenance and repair on Olive Street, Park Street, and Line Street. v111. On June 15, 2020, the City Council approved Resolution No. 2020-119 a Resolution of the City Council of the City of Hollister Approving an Operations Covenant and Declarations of Covenant and Restrictions ("Agreement") Between the City of Hollister and Lotus Management Holiday Inn Express & Suites for a hotel incentive program. The hotel 67 F.9.a
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would consist of 4 stories and 93 rooms. The hotel is currently under construction.
1x. On June 15, 2020, the City Council approved Resolution No. 2020-124 a Resolution of the City Council of the City of Hollister Approving the Central A venue Traffic Calming Report. On December 21, 2020, the City Council approved Resolution No. 2020-233 a Resolution of the City Council of the City of Hollister authorizing the call for sealed bids for the Central A venue Traffic Calming Project, CIP No. C2004.
x. On August 3, 2020, the City Council approved Resolution No. 2020-151 a Resolution of the City Council of the City of Hollister Authorizing a Traffic Calming Study and Design for Buena Vista Road .
xi. On October 19, 2020, the City Council approved Resolution No. 2020-207 a Resolution of the City Council of the City of Hollister Approving the Initiation of Prezone 2020-2 to Initiate the Prezoning and Expansion of the Sphere of Influence to Include Four Properties Consisting of Approximately 229.32 Acres Located in the Unincorporated Area of the County of San Benito, East of San Felipe Road, to the North and South of State Route 156, Further Identified as San Benito County Assessor Parcel Numbers 014-120- 055 , 014-120-063, 014 -120-064, and 014-120-014 and the Initiation of General Plan Amendment 2020-1 to Amend the Land Use Plan Map of the City of Hollister General Plan to Include and Designate the Properties Located at APNs 014-120-055, 014-120-063, 014-120-064, and 014-120- 014 as Industrial. Since the approval of the intiation of prezone and the initiation of a general plan amendment, the applicant has been working with staff for the preparation of the environmental document pursuant to the California Environmental Quality Act (CEQA).
x11. On November 16, 2020, the City Council approved Resolution No. 2020-217 a Resolution of the City Council of the City of Hollister appropriating $186,000 from Park Development Fees to retrofit and expand the Klauer Park Playground with ADA improvements. The goal is to make ADA improvements to all parks within the City of Hollister. The park improvements were completed in February of 2022.
xm. On October 19, 2020, the City Council approved Resolution No. 2020-208 a Resolution of the City Council of the City of Hollister Authorizing the San Benito Street Traffic Calming and Beautification Project and Approving an Appropriation of Funds.
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xiv. On October 19, 2020, the City Council approved Resolution No . 2020-210 a Resolution of the City Council of the City of Hollister Approving the Parklet Program -Policy, Procedures and Guidelines and Authorizing an Appropriation in the Amount of $15,000 from the General Fund for the construction of a City owned Parklet for Community Promotion purposes.
Parklets have been improved in the downtown since the adoption of this resolutions. On December 21, 2020, the City Council adopted Ordinance No. 1199 an Ordinance of the City of Hollister Amending Chapter 10.20 of the Hollister Municipal Code Stopping, Standing and Parking Generally to allow for "back-in" diagonal parking where indicated.
General Plan Amendments:
1. General Plan Amendment 2008-2 (January 2009) Amendment to Land Use Plan to correct mapping errors.
11. General Plan Amendment 2009-1 (April 2009). The amendment updated the Housing Element Inventory of sites to reflect the revised zoning map adopted in December 2008.
111. General Plan Amendment 2009-2 (December 2009) Required 2009-2014 revision to the City of Hollister Elements and amendments to the General Plan to comply with requirements in section 65302 of the Government Code for policy and programs related to flood hazards and information related to fire, liquefaction and landslide hazards.
1v. General Plan Amendment 2015-1 (June 2015) a general plan amendment for a land use designation change from Low Density Residential (LDR) to Medium Density Residential (MDR) The property is located south of Primavera Drive, north of Maple Street, east of Lorene Drive, west of N. Chappell Road . (APN:
019-340-002).
v. General Plan Amendment 2014-1-DeNova Homes -(December 2016) Requesting City of Hollister Planning Commission recommendation to the City of Hollister City Council for the General Plan Amendment and Re-zone from HDR to MDR on 81 acres. The site is located northeast of the Buena Vista Road and Locust Avenue intersection, east of the IOOF Cemetery. v1. General Plan Amendment -Stewart Fahmy-(February 5, 2018) a general plan amendment was approved on February 5, 2018 by the City Council for a land use designation change from West Gateway (WG) to Medium Density Residential (MDR) on 4.82 acres of land. The property is located between Fourth Street and Jan Avenue, west of Westside Blvd., further identified as APN: 052-300-001.
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Mai or Development Applications in 2021 (City of Hollister Planning Commission)
1. Site & Architectural Review 2020-15 -Panattonni Development Company -The applicant received Site and Architectural approval for the construction of a forty-four (44) foot in height concrete tilt-up building measuring 129,540 (255' x 508') square feet with a 23 foot in height, to the top of the ridge, canopy measuring 50,268 (88 .5' x 568') square feet for an outdoor loading area for a proposed delivery station land use on an overall 25.5-acre site. The delivery station would operate as a last mile distribution facility that would receive shipments from fulfillment centers to be sorted on site and loaded onto delivery vehicles for distribution to customers. The applicant is also requesting the approval of two freestanding signs onsite along Citation Way. The property is located at 1500, 1601, 1551, and 1601 Citation Way, further identified as San Benito County Assessor Parcel Numbers 053-360-037, 053-360-038, 053- 360-039, and 053-360-040. The property is located in the Ml Light Industrial Zoning District of the City of Hollister. CEQA: Environmental Impact Report Addendum.
2. Extension of Tentative Map 2018-4 -Clearist Park, LLC -The applicant received a one (1) year extension to Vesting Tentative Map 2018-4 which received approval by the City of Hollister Planning Commission on January 24, 2019 per Resolution 2019-3. The Vesting Tentative Map approval comprises of the subdivision of three parcels consisting of a total area of 207 .62 acres into 60 lots ranging in size from 1.68 acres to 11.30 acres. The property is located north of the Hollister Municipal Airport, west of San Felipe Road, approximately 0.53 miles north of the Fallon Road intersection, further identified as San Benito County Assessor Parcel Numbers 050-010-006, 050-010-007, and 050-010-008. The property is located in the Airport Support (AS) and Industrial Business Park (IBP) Zoning Districts of the City of Hollister. CEQA: Environmental Impact Report.
3. S&A 2019-10 Amendment-Tom Nino -The applicant received approval for an amendment to PC Resolution 2019-32 Condition 62 to remove the requirement to underground existing overhead utilities along Prospect Ave. and Comienzo Dr., for the approved project Site & Architectural Review 2019-10 for the construction of two new duplexes on two parcels in the Neighborhood Mixed-Use Zoning District, located at 814 Prospect Ave., further identified as San Benito County Assessor Parcel Numbers 056-050-013 and 056-050-014. CEQA:
Categorically Exempt.
4. Site & Architectural Review 2020-10, Conditional Use Permit 2021-1 -Sheet Metal Systems Inc./Nick Hough -The applicant received Site and Architectural approval for the construction of a new 20,100 SF single-story office warehouse building on a 1.63-acre (71,002.8 SF) lot. In addition, the applicant is requesting a Conditional Use Permit for the consideration of parking reduction. The property site is located in the Industrial Business Park (IBP) Zoning District at 1940 Airway Drive, further identified as San Benito County Assessor Parcel Number 053-420- 030. CEQA: Mitigated Negative Declaration.
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5. Site & Architectural Review 2020-17 -Russ Orsi/Dutch Bros -The applicant received Site & Architectural approval for the construction of an 862 SF drive through coffee shop on a 0.62- acre site identified as Parcel No. 7 of the approved Hollister Farms Subdivision. The project will also consist of a double drive through lane, parking, and a separate, covered service window for walk-up customers. The property is located in the General Commercial (GC) Zoning District in the southwest corner of the driveway into the Hollister Farms Subdivision, further identified as San Benito County Assessor Parcel Number 056-250-067. CEQA:
Mitigated Negative Declaration.
6. Site & Architectural Review 2020-1 -VMI Architecture -The applicant received approval to demolish the existing 2,851 SF drive-through restaurant building and is seeking Site & Architectural approval to construct a new 1,997 SF drive-through restaurant building with Gateway (NG) Zoning District at 40 San Felipe Rd., further identified as San Benito County Assessor Parcel Number 053-370-032. CEQA: Categorically Exempt.
7. Site & Architectural Review 2021-2 -Twin Oaks Hollister LLC -The applicant received Site & Architectural approval for the construction of a 6,351 SF Community Center for the Twin Oaks Active Adult Life Style Community. The applicants obtained previous approval for a community center building with the Twin Oaks (formerly Silver Oaks) Subdivision. However, that approval has since expired, and significant architectural and site changes are being requested by the applicant under this new proposal. The property is located in the Medium Density Residential (R3) Zoning District at 2071 McClellan Street, further identified as San Benito County Assessor Parcel Number 057-770-041. CEQA: Mitigated Negative Declaration.
8. Amendments to Title 16 Subdivisions of the Hollister Municipal Code -City of Hollister -An ordinance to amend Title 16 Subdivisions of the City of Hollister Municipal Code as it relates to the approval time of a tentative map. The amendments assure internal consistency with Section 66463.5 of the California Government Code and Subdivision Map Act for time limits to record a final map. CEQA: Categorically Exempt.
9. Nash Road Vacation -City of Hollister -The City of Hollister is seeking to vacate Nash Road between West Street and Monterey Street. CEQA: Categorically Exempt.
10. Conditional Use Permit 2021-5 for a Planned Unit Development -Michael Cady -The applicant was requesting approval for the reduction of the front yard setbacks for Lot 18 & 19 in the Cerro Verde Subdivision (TM 2016-2) due to the formation of the cul-de-sac. For Lot 18 (1230 Robbies Ct), the applicant is requesting a reduction of the front yard setback from 18' to
12.20' for the house, and from 20' to 18.27' for the garage. For Lot 19 (1220 Robbies Ct), the applicant is requesting a reduction of the front yard setback from 18' to 15.44' for the house.
All other standard setbacks for the Low Density Residential (Rl) Zoning District are proposed to be met for the lots. The project site is located within the Low Density Residential Performance Overlay (Rl-L/PZ) Zoning Direct, at 1220 & 1230 Robbies Court, further identified as San Benito County Assessor Parcel Numbers 060-090-033 & 060-090-034.
CEQA: Categorically Exempt. The Planning Commission did not grant this approval. 71 F.9.a
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11. Tentative Map 2015-9 Amendment -Alex Sywak -The applicant is requesting to amend the City of Hollister Planning Commission Resolution 2016-11 by deleting condition of approval #55 -Emergency Vehicle Access which states, "Prior building permit issuance, the applicant shall provide an emergency access to Westside Blvd." This project, Tentative Map 2015-9 and Conditional Use Permit 2016-3 for Planned Unit Development (Farmstead), was originally approved the City of Hollister Planning Commission on January 28, 2016 for a tentative map to subdivide an approximately 2-acre parcel into 13 single family lots in the Low Density Residential Performance Overlay (Rl-L/PZ) Zoning District. The project site is located south of South Street, west of Westside Boulevard, and north Steinbeck Drive, further identified as San Benito County Assessor Parcel Number 58-060-010. CEQA: Categorically Exempt. The planning commission did not grant the applicant's request to remove the EVA as previously approved by the Planning Commission.
12. Hollister General Plan Update 2040 , Climate Action Plan and Sphere of Influence (SOI) Amendments and Annexations -Scoping Meeting -City of Hollister -The City of Hollister will prepare an EIR for the Hollister General Plan Update 2040, Climate Action Plan, and Sphere of Influence (SOI) Amendments and Annexations, and will hold a public meeting to receive comments on the scope of the EIR. The City also invites written comments on the scope of the EIR and alternatives that should be considered from April 9, 2021 no later than the close of the 30-day Notice of Preparation (NOP) review period at 5:00 p.m. on Monday, May 10, 2021.
13. Review the draft general plan vision statement and policy recommendations for key unresolved policy issues for the general plan. The draft vision statement and policy recommendations were informed by public and General Plan Subcommittee feedback through a series of community workshops and General Plan Subcommittee meetings held over Summer 2020 and Spring 2021 .
14. Site & Architectural Review 2021-6, Conditional Use Permit 2021-7 -Josh Watt Electric, Inc . -The applicant received Site & Architectural Review, approval to construct a 600 SF addition to an existing 1200 SF storage building on an existing nonconforming electrical manufacturing business site. In addition, the applicant is requesting a Conditional Use Permit for the expansion and intensification of the non-conforming use. The project is located in the General Commercial (GC) Zoning District at 385 Flora Ave ., further identified at San Benito County Assessor Parcel Number 053-370-017. CEQA: Categorically Exempt.
15. Site & Architectural Review 2021-7, Conditional Use Permit 2021-9 -500 San Benito, LLC - The applicant received Site & Architectural approval for the construction of 12 residential units on the upper three floors of an existing four-story building that has an existing restaurant on the first floor. The applicant also received Conditional Use Permit approval for a variation in private and common open space requirements . The project is located in a contributing building within the Downtown Historic District at 500 San Benito Street, within the Downtown Mixed Use (DMU) Zoning District, further identified as San Benito County Assessor Parcel Number 054-080-009. CEQA: Categorically Exempt.
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16. Site & Architectural Review 2021-10 -Maninder Singh and Vishal Methani -The applicant received a Site & Architectural Review approval to construct a single 1,168 SF apartment (2 bedroom/I bath) on a 10,047 SF lot located at 650 Central Ave., further identified as San Benito County Assessor Parcel Number 053-260-006 in the Old Town -High Density Residential [OT(H)] Zoning District. The subject parcel has a two existing apartments on it - Unit 1 (3 bedroom/2 bath) and Unit 2 (2 bedroom/2 bath). In addition, this project is located within the special study seismic hazard zone. CEQA: Categorically Exempt.
17. Conditional Use Permit 2021-11 -Wine Bond CA, LLC. (Mine K.hone & Maura Cooper) - The applicant received approval of a Conditional Use Permit for use for Crave Wine Company to operate a wine bar and retail shop in a+/-1,675 SF existing ground floor commercial space at 616 San Benito Street, further identified as San Benito County Assessor Parcel Number 057- 120-061, located in the Downtown Mixed Use (DMU) Zoning District. The applicant anticipates operating under two types of ABC licenses (License 20 for off-premises and License 42 for on-premises. Wine & Beer only. No Liquor). The business will not be preparing food but will offer snacks and other food items for purchase from a licensed commercial kitchen for resale. The hours of operation will be from 11 a.m. to 6 p.m., Sunday through Thursday, and 11 a.m. to 7 p.m. Friday & Saturday. CEQA: Categorically Exempt. This application was referred to the City Council and the City Council also approved the use.
18. Tentative Map 2021-2, Conditional Use Permit 2021-8 for a Planned Unit Development, Site & Architectural Review 2021-8 -HPG Hollister Development LLC -The applicant received approval of a Tentative Map, Conditional Use Permit for a Planned Unit Development, and Site & Architectural Review for the subdivision of a 23.51 acre parcel into 116 single family lots and 28 duet lots . The project is located at north of Meridian Street, south of Santa Ana Road, and west of Marguerite Maze Middle School in the Medium Density Residential Performance Overlay (R3-M/PZ) Zoning District, further identified as San Benito County Assessor Parcel 019-310-002. CEQA: Mitigated Negative Declaration (previously prepared).
19. Minor Subdivision 2021-2 -Jose Villalpando -The applicant is received approval to subdivide a 13 .14 7-acre parcel into four commercial lots with one remainder lot. The property is the remainder parcel of previously approved Minor Subdivision 2020-3, and is part of the Chappell Road Master Plan project area. The subject site is located at southeast comer of Highway 25 and San Felipe Road in the North Gateway (NG) Zoning District, further identified as San Benito County Assessor Number 051-100-048. CEQA: Environmental Impact Report (previously prepared).
20. Site & Architectural Review 2019-16 Extension -David Huboi -The applicant received an extension for approved Site and Architectural 2019-16 to construct four ( 4 ), three (3) story 7,531 SF apartments; three of the buildings will consist of 7 units and one building will consist of 4 units with the first floor being a gym, community room, and lounge area. The project is located on a 49,774 SF lot (~1.143 acres) at the northwest comer of Ladd Lane and Hillock Drive, within the Neighbor Mixed Use (NMU) Zoning District, further identified as San Benito 73 F.9.a
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County Assessor Parcel Number 057-230-013. CEQA: Mitigated Negative Declaration (previously prepared).
21. Minor Subdivision 2018-1 and Site & Architectural Review 2018-8 Extension -Felipe Nine, LLC -The applicant received approval for an extension for approved Minor Subdivision 2018- 1 and Site & Architectural Review 2018-8 to subdivide an 8.36 acre parcel into four lots consisting of 3.04 acres, 4.50 acres, 0.34 acres, and 0.48 acres. The approval includes site & Architectural approval to construct approximately 220,000 square feet of indoor greenhouse buildings for a cannabis cultivation facility on existing commercial and fallow land, including on-site parking and all utility connection, drainage and landscape improvements. The project site is located at 773 San Felipe Road, south of McCloskey Road and east of San Felipe Road in the North Gateway (NG) Zoning District. The location is further identified as San Benito County Assessor Parcel Number 051-100-031. CEQA: Mitigated Negative Declaration (previously prepared).
ADDITIONAL CONTENT
a. Interagency and Intergovernmental Coordination Efforts i. Staff participates in the Hollister Downtown Association Design Committee to emphasize quality design in the downtown that is sensitive to the historic fabric and conducive to a pedestrian atmosphere.
ii. Staff has an active participation in the tourism task force. iii. Staff has an active participation in the Pinnacles Gateway Partners meeting. iv. Association of Monterey Bay Area Governments:
1. Participation with energy conservation programs
v. Governance Committee: Ongoing
vi. Hollister School District
1. Review of strategies to review safe routes to school and improve traffic safety
vii. Intergovernmental Committee:
1. Geographic Information System (GIS) coordination
viii. San Benito County Council of Governments:
1. Traffic Advisory Committee (Caltrans, COG, City of Hollister, San Benito County, San Juan Bautista)
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b. Efforts to promote infill development, reuse and redevelopment particularly in underserved areas
i. Portions of downtown Hollister are within the Alquist-Priolo earth Fault Hazard Zone. Many lots are less than 50 feet wide and a surface fault investigation would need to extend 50 feet beyond both property lines in many cases which can be constrained by buildings, streets and other infrastructure. The former Redevelopment Agency approved a contract with a geologic consulting firm to compile a map of all properties in the downtown area that have been evaluated for surface fault rupture pursuant to the Alquist Priolo Earthquake Fault Zoning Act. Several properties with buildings that were destroyed or demolished as a result of the the 1989 Loma Prieta Earthquake were evaluated in the early 1990s but the contiguous property in the 'shadow' of the study was not cleared. One of the purposes of the study was to identify possible locations to clear adjacent properties in the shadow of an approved surface fault hazard investigation to stimulate infill development or re-development of properties . The properties included in the Designated Assessment Area Boundary have been cleared for new development, redevelopment or subdivision in conformance with the Alquist -Priolo Earthquake Fault Zoning Act (AP Act). The assessment concluded that there is no evidence of active faulting in the Assessment Area. The October 2, 2015 peer review letter prepared by Brian Paparello of Landset Engineering, Inc. concluded that the engineering geologic constraints were adequately characterized in the Assessment and that the potential for surface fault rupture is low. The Assessment and peer review letter have been filed with the State Geologist as required by the AP Act.
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Jurisdiction Hollister ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2021 (Jan. 1 - Dec. 31)Housing Element Implementation Planning Period 5th Cycle 12/31/2015 - 12/31/2023 (CCR Title 25 §6202) 1 3 4
RHNA Allocation
by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - - - 46 - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - - 81 - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted - - - 13 - - - - -
Non-Deed Restricted - 12 91 2 3 - - - -
Above Moderate 557 68 87 219 296 283 298 392 - - 1,643 - 1,316
68 99 310 311 413 298 392 - - 1,891 511
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 137
46 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
121 Moderate
312
189
258
Please contact HCD if your data is different than the material supplied here 81 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
266
108
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Total RHNA
Total Units
Income Level
Very Low
Low
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I I I I I
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Abraham Prado, Planning
Manager
CONTACT: Cristian Builes, Assistant Engineer
831-636-4340
SPONSOR(S): Velazquez
TITLE OF ITEM: RESOLUTION NO. 2022-50, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PURCHASE OF
ADDITIONAL SPEED CUSHIONS
BRIEF DESCRIPTION: This Resolution will approve the purchase of additional speed cushions currently used for traffic calming.
RECOMMENDATION: That the City Council of the City of Hollister approves this resolution authorizing the purchase of additional speed cushions.
DEPARTMENT SUMMARY: The City of Hollister is currently utilizing speed cushions as a traffic calming measure and is requesting to purchase additional ones. A list of streets requiring speed cushions is attached. The purchase will be for 100 locations.
FINANCIAL IMPACT: This item will authorize the expenditure of: $191,586.26.
CEQA: N/A
ATTACHMENTS:
1. Budget Trasfer Appropriation Form
2. Speed Cushion List
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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RESOLUTION NO. 2022-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE PURCHASE OF ADDITIONAL SPEED CUSHIONS
WHEREAS, the City of Hollister is currently implementing speed cushions as a traffic calming measure throughout the City, and
WHEREAS, the City is requesting to purchase additional speed cushions as more are needed for upcoming projects, and
WHEREAS, the purchase will be for 100 locations.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, approves the purchase of additional speed cushions in the amount of $191,586.26 for 100 locations.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st 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 certif y that the attached Resolution No. 2022-50, 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 21st 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)
Fiscal Year: 2021/2022
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease Transportation 216 5010 750050 192,000
Reserves 216 300100 192,000
Explanation of Transaction:
Supplemental appropriation request to purchase additional speed cushions for traffic calming
Prepared by Date
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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West Street -5th to 7th Street Council Member Installed Powell Street -5th to 7th Street Council Member Installed Apricot Lane -Summer to Westside Blvd , Council Member Installed Yes Promise Street -Cieneiia to Nora Street Council Member & Citizen Installed Yes Highland Drive Council Member & Citizen Not Installed Yes Speed data doesn't indicate an Issue Miller Road Council Member Pendinl! Yes Prooosal written, waitinii aoorooriation. Pavement and utilitv oroiect Memorial Street Council Member Data gathering in progress In progress Union Road Council Member Data RatherinR in prol!ress In pro11ress Clearview Council Member Data gathering In progress In progress Nez Council Member Data 11atherinR In oro11ress In oro11ress VallevView Council Member Data Hthering in progress In progress Beverlv Drive Council Member Installed
Sally Street Council Member WO Issued for installation
Buena Vista Road Council Member WO Issued for installation Hawkins Council Member Proposal in progress
Prospect Council Member Proposal In pro11ress
Prune Council Member & Citizen Prooosal in oro11ress
Raiven Street Citizen PendinR
Valley View -Morningside to Fairhaven Dr. Citizen Pending San Benito Street Council Member Proposal in oroRress
D
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: February 15, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Christine Black, City Clerk
CONTACT: Christine Black, City Clerk
831-636-4300 x 1017
SPONSOR(S): Perez
TITLE OF ITEM: CENTRAL COAST COMMUNITY ENERGY (3CE) ANNUAL UPDATE
BRIEF DESCRIPTION: Central Coast Community Energy Staff will provide an annual update to each of their 33 agencies that helped to create one of the most impactful and innovative community choice energy agencies in California.
RECOMMENDATION: Staff recommends that City Council receive the presentation.
DEPARTMENT SUMMARY: As a JPA member of Central Coast Community Energy, staff is committed to providing an annual update to each of their 33 agencies which have helped to create one of the most impactful and innovative community choice energy agencies in California. They wish to continue collaboration and support of economic vitality and environmental benefits throughout their growing service area.
ATTACHMENTS:
1. 3.21.2022 Hollister Annual Update
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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Annual Member Agency
Update
City of Hollister
March 21, 2022
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Central Coast
Community
Energy
How Does CCA Wo rk?
“A Partnership to support shared customers”
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nity Choice
Community
icity customers
and renewable
O+ communities
Central Coast
Community
Energy
G'V'. LOCAL CONTROL.
WERED BY
MMUNITY
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CCA
ADVANCING LOCAL ENERGY CHOICE
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CCCE GOVERNANCE
Policy Board:Meets 4 Times Annually including Annual Meeting Operations Board:Meets 10 Times Annually including Annual Meeting Community Advisory Council: Meets 7 Times Annually including Annual Meeting County of
Santa Cruz
County of
Santa Cruz
City of Santa
Cruz
City of Santa
Cruz
City of
Watsonville
City of
Watsonville
County of
Monterey
County of
Monterey
City of
Salinas
City of
Salinas
County of
San Benito
County of
San Benito
County of
Santa
Barbara
County of
Santa
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City of Santa
Maria
City of Santa
Maria
County of
Santa Cruz
City of Santa
Cruz
City of
Watsonville
County of
Monterey
City of
Salinas
County of
San Benito
County of
Santa
Barbara
City of Santa
Maria
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta
Carpinteria*
SB County
Cities
Goleta
Carpinteria*
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta
Carpinteria*
*City representative currently serving in a shared seat.
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CC
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Local Choice
•3Cchoice-clean and renewable offering
•94% enrollment
•Largest CCA service area
Economic Vitality
•$27 million –Energy programs
•Est. $50 million –Customer savings
•$25 million –Resiliency Fund
Local Support
•$1 million in Local Vendor Contracts
•38 full time employees
•2 offices –Monterey & San Luis Obispo
Clean Energy
•889 MWs of Renewables –solar, wind,
geothermal
•261 MWs of battery storage
•Pathway to 100% clean and renewable
Financial Stability
•Received “A” Rating from S&P
•Over $140 Million in Rate Stabilization
Fund
•Service and Loans Paid Off
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Central Coast
Community
Energy
Photo Credit: 2020 Rutgers, The State University of New Jersey G.3.a
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CCCE's Pathway to 100% C ean and
Renewable by 2030
Supporting Affordable Rates, Increasing Re ewable Resources, and Accelerating Gree house Gas Reduction '
CCCE's new energy-supply strategy w ill provide the fo l l lowi ng ben efits : - CCCE's goal is to reach 60% clean and renewable energy by 2025 (5 years ahead of CA's goal) and 100% by 2030 (15 years ahead of CA's goal) Financially beneficia l to customers and CCCE through reduced operating costs of $8M15 million/year allowing for more affordable and stable rates while supporting economic development
Learn more at
3cene rgy .o rg/u ndersta ndi ng -cl ea n-energy /
fOD%
Renewable
by 2Q3Q,
-
FA ST TRACKING NEW ENERGY DEVELOPMENT
Cost of Service (COS) Rate Design
These projects will serve about 61%of CCCE’s retail load when all are online,expected in 2025.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
CCCE Long-term (LT) Contracting Status as a % of Retail Load 3CE Executed PPA %State RPS Requirement %
State RPS LT Contracting Requirement %3CE's Procurement Policy % CCCE's Executed Contract Summary
Project Type Count Gen Capacity (MW)Storage Capacity
(MW)
Solar + Storage PPAs 9 633 201
Solar Only PPAs 1 150
Wind PPAs 1 33
Geothermal PPAs 2 73
RA Only Agreement 1 60
14 889 261
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············································ ~,........._._ . ._._,_ .. _._,_._ ..... ················· Central Coast
Community
Energy
CCCE COMMITMENT TO RENEWABLE
PRO CUREMENT
•contracted for approximately $1 billion in long term solar plus storage contracts since 2018
•shortlisted 7 local projects through its local renewables RFP •Joined other CCAs to advance long duration storage RFP to support grid reliability through existing and new technologies •issued an RFQ for up to 100MW of front of the meter battery storage,with the potential to island projects for increased resiliency
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CCCE HISTORIC RATES & COVID-19
RESPONSE
2018
3%rebate
2019
5%rebate
Jan –April
2020
7%monthly
discount
May & June
2020
50% Bill
Reduction
July 2020 –
Feb 2022
2%discount
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Central Coast
Community
Energy
Long-term rate adoption increases predictability and rate stability Customer choices and transparency improve with simplified customerclasses New rates increase customer rate equity throughout customersegments New rate st ructure maintains competitive rates across all customersegments https://3cenergy.org /2022-energy-choices/
GOALS OF 2022 CCCE SERVICE OFFERINGS
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Central Coast
Community
Energy
APPROVED APPROACH TO RATE DESIGN
Cost of Service (COS) Rate Design
1.Estimate the total cost necessary to serve all 3CE customers •Power procurement
•Energy Programs
•Rate stabilization fund
•Administrative costs
2.Create simple, easily understood customer classes based on size and usage profile
3.Allocate total cost across customer classes
4.Adjust allocations so each class will save a minimum of 1% relative to PG&E
5.Design rates for each customer class to recover costs allocated to that class
6.Rates will go live effective March 1, 2022 for customers within PG&E’s service territory
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Central Coast
Community
Energy
Overview:
•$1.3 million in FY 18/19
•$5.4 million in FY 19/20
•$6.2 million in FY 20/21
•Estimated $14.1 million in FY
21/22
•4% of operating revenue in FY
21/22
Electrification in building and
transportation sectors could
result in $3 billion of
untapped revenue market
wide
CCCE Energy Programs
13 FY 21/22 Energy Programs
Electrify Your Ride -$2.8 million –NOVEMBER 2021
School Bus Electrification -$1 million -OCTOBER 2021
Agriculture Electrification -$600k -OCTOBER 2021
Residential Electrification -$1.6 million
New Construction Electrification -$1.5 million –OCYOBER 2021 Reach Code -$60k
Battery Energy Storage Pilot -$350k
Summer Readiness -$400k
Energy Education, Workforce Development and Innovation Grants - $1 million
Greenhouse Gas Inventory -$64k
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,., -•-'•'
Planning and Implementation
•Funding for planning and implementation projects related to electrification •Intended for member agencies to electrify their vehicle fleets, municipal properties, and the community infrastructure that serves households and businesses.
Innovation
•Funding to deploy new and innovative electrification or•other•clean energy- related•technology for•municipal or community buildings and/or fleets. •Intended to foster market transformation, demonstrate scalable and replicable solutions, and identify potential future•CCCE energy•program concepts.• Electrification and Innovation Grant Program
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Central Coast
Community
Energy
Locally Sited Front of the Meter
Distributed Energy Storage Projects
Benefits
•Rate Stability reduced energy cost & reduced RA cost
•Grid Stability local power supply, critical period imports reduced => fewer outages
•Grid services balance power flows
•Reduced GHGs evening dispatch of day-time “solar” electrons •Local jobs building and maintaining facilities
•Potential “microgrid” islanding => resiliency
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Medium and Heavy-Duty Ve hicle Electrification
Program
•Intended to support the electrification of Member Agency medium and heavy-duty fleet vehicles
•Potential applications include street sweepers, refuse trucks, dump trucks, and first response vehicles
•CCCE will reserve funds for qualifying projects and funds will be dispersed once purchases and/or projects are completed
•Intended to work in coordination with city/county purchasing schedules and policies
•Incentives likely to be tied to increased cost of electric models from standard internal combustion options
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September 30, 2021
COMING MID-NOVEMBER 2021
New and expanded Electrify Your Ride program will incentivize EV's, EV Chargers AND Electric Bikes with our largest energy program budget to date!
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Central Coast
Co mm unity
Energy
CLEAN ENERGY. LOCAL CONIROL
II
Reducin g em issio ns, gettin g more
electric vehic les (EVs) on the roa d and
b uilding more charging stations will
increase lo ca l and regional adoption
rates to meet state arid reg ional
cllmate actio n goals
ELECTRIFY YOUR RIDE
on E l ectric
I E:QU1TABl.E ACCESS
Providing extra fun d ing for disadvantaged
commun it ies and low-income c ust omers wi 'II
t ighten up gaps in equita ble access to
c lean-energy resources
Veh i cles and
•
ELECT RIC V EHICLE REBA TES
$2,000 -$4,000 in re bates available for
pun:hase or lease of new o r us ed e lectri c
ve hic les, inc lu d in g moto rcydes and
e-bikes. Add it ional st ackable funds
available, in cludi ng up t o $15,000 for
incom e-qual ified customers
Charge r s
EV C HARGER REBATES
$2 ,400 -$10,000 avai lable for
Leve l 2 e lectri c vehicle c:ha rgers
at home or wo rkpla ce. Inc lu des
the labor and mate rial costs for
in,stallation , includ in g electrical
panel upgrades or re placments
I Learn more and apply at lcenergy.org/electri fy-your-ride-program
City of Hollister
(87.68%Enrollment)
•12,249 Total Enrolled Customers
•10,929 Residential
•1,291 Commercial
•12 Agricultural
ENERGY PROGRAM FUNDS
•Electrify Your Ride $24,900
•New Construction Electrification
$64,500
•Ag Electrification $20,000
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LOCAL OUTREACH & ENGAGEMENT
Farm Worker Outreach
•10 Farm Worker Outreach events in 2021
•Sponsoring La Tr i-Color & La Ley radio stations events •Educate on CCCE services & programs in person
Underserved Community Outreach
•Presentations to stakeholders & organizations
•Latino Elder Outreach Network
•Promotores
•Lideres Campensinas
•Mexican Consulate
•Public Engagement Te am & Community Advisory Council
created a committee to improve outreach to;
•Low-income, food insecure, renters, senior citizens w/ fixed income, tribal & migrant indigenous communities
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Ho~ Photos
Central Coast Community
Energy En Espanol . .
@3CEnergyEnEspanol. Nonprofit Organ1zat1on
Videos More • .. Liked
See Offers
central Coast
Community
Energy
Customer Resources & Tools
Phase 1
-Creating resources to help
customers get access to data
and make informed rate
decisions
-Customer Energy Portal
-Rate Comparison To ol for Cost of
Service
Phase 2
-Harnessing customer data to
integrate energy programs and
opportunities for electrification
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Enter Account Information
" PG&E Account Number Q Help
* Your l ast Name or Business Name (as it appears on your PG&E bill) Please enter your Last Name or Business Names as it appears on your PG&E bfll * Service Location ZIP Code (as rt appears on your PG&E bill} .(~your account information? SkiP~12.). -
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Central Coast
Community
Energy
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DON'T M 155 OUT!
IF YOU'RE A BUSINESS IN THE CENTRAL COAST,
SIGN UP FOR CENTRAL COAST COMMUNITY
ENERGY'S VENDOR REGISTRY
This Vendo r Registry allows CCCE to know what organizations and services are avai lable. Vendo rs registered with CCCE will be contacted directly with business specific Requests for Proposals as they are applicable.
VISIT BIT.LY/CCCE-VENDOR-REGISTRY
Central Coast
Community
Energy
a.£AN ENERGY. LOCAL CONTROL
•
Central Coast
Community
Energy
A U nified Central Coast
CCA
Key Updates:
•Adopted Cost of Service rate structure to achieve agency goals •Working with CCCE member agencies on regulatory and legislative matters that ensure customer fairness and equal access to resources •Pathway to achieve 100% clean and renewable energy by 2030 •Leveraging Community Advisory Council for outreach and non-voting seat participation on Operations & Policy Boards •Engaging with the community around development of future programs •Enrollment of over 140k customers in 2021 & 2022 across 12 communities G.3.a
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Stay Connected with CCCE
Follow us online, join our newsletter and board agenda notification list, and check our extensive FA Q section on the website.
www.3Cenergy.org
[email protected]
1.888.909.6227
@3CEnergy
@3CEnergy
@3CEnergyEnEspanol
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II
II
Central Coast
Community
Energy
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010
TITLE OF ITEM: INTEGRATED WASTE MANAGEMENT (IWM) NEW PLASTIC
REDUCTION ORDINANCE PRESENTATION
BRIEF DESCRIPTION: City Council receive a presentation from Integrated Waste Management (IWM) to share new plastic reduction ordinance business survey data and discuss next steps. This will be a follow-up from the September 20, 2021 sustainable food service ware and retail bag ordinance presentation.
RECOMMENDATION: Staff recommends that the City Council receive a presentation from Integrated Waste Management (IWM) Staff Service Specialist to share new plastic reduction ordinance business survey data and discuss the next steps for business support and ordinance hearing.
DEPARTMENT SUMMARY: San Benito County Integrated Waste Management Regional Agency:
The City of Hollister, City of San Juan Bautista, and the County of San Benito entered into an Integrated Waste Management Joint Power Authority Agreement in 1995, forming the San Benito County Integrated Waste Management Regional Agency, as part of a unified effort to reduce the amount of solid waste disposed in permitted disposal facilities. The County, as lead agency, ensures proper IWM staffing for Regional Agency coordination of IWM source reduction and recycling programs and CalRecycle state reporting requirements.
Single-Use Plastic Reduction in Hollister:
IWM Staff Service Specialist, Monica Abonce, began research on plastic pollution and legislation for her college CAPSTONE project in the fall of 2020. She reached out to San Benito County Integrated Waste Management for discussion and guidance in advocating for the adoption of a single-use plastic reduction ordinance in Hollister.
Monica first presented to the City Council in May 2021, presenting her findings on the dangers of plastic pollution, actions being taken by other Monterey Bay Area jurisdictions, and a recommendation of a 3-phase ordinance approach to reduce single- use plastic in Hollister that included:
Phase 1: Single-Use Plastic Bag Ban & Disposable Bag Charge Phase 2: Plastic Cup Ban & Disposable Cup Charge
Phase 3: Reusable Dine-in Foodware & Compostable To-go Foodware
Per the City’s original request, IWM staff surveyed Hollister restaurant and retail bag businesses to better understand needs and concerns, starting with a focus group of 20 G.4
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businesses. After presenting the initial focus group data to the Hollister City Council on September 20, 2021 and per the Hollister City Council’s request, IWM continued to survey businesses and prepared other helpful resources. This presentation will serve as an update on the completed survey data and additional new resources developed by IWM Staff.
IWM staff will be available to answer any questions.
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. Foodware_Bag State Legislation
2. Green Business Program Challenge Flyer
3. IWM Presentation
4. Survey Results Summary
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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Existing Food Service Ware and Retail Bag Legislation
AB 1276 (Passed on 10/2021)
-Prohibits food facilities from providing any single-use foodware accessory or standard condiment unless requested by consumer
-Items cannot be bundled or packaged in a way that prohibits consumers from taking only the desired items
-Third-party food delivery platform must list on the menu the availability of single-use foodware accessories and standard condiments - only requested items shall be provided
-Jurisdictions required to on or before June 1 2022 to authorize an enforcement agency to enforce these requirements
-1st and 2nd violation result in notice of violation any following violation would result in fine of $25 per each day in violation, not to exceed $300 per year Single-Use Foodware Accessory:
-Chopsticks, Condiment cups and Packets, Straws, Stirrers, Splash sticks, Cocktail Sticks, Spoon, Fork, Knife, Napkin
SB 270 (Passed on 11/2016)
-Prohibits stores from providing single-use bags to customers -Stores must provide reusable bags to customers for a minimum fee of 10 cents Recycled Paper Bag Requirements:
-Minimum of 40% post consumer recycled material
-Bags 8lb or smaller need minimum of 20% post consumer recycled material -Accepted in curbside recycling program
-Bag has following info printed on it: - name of manufacturer - location where it was manufactured - % of post consumer material
Reusable Bag Requirements:
-Has a handle and is designed for minimum of 125 uses
-Volume capacity of 15 liters
-Made from minimum 40% post consumer recycled material
-Capable of carrying 22 lbs for 125 uses and be 2.25 mils thick -“(b) On and after January 1, 2015, a city, county, or other local public agency shall not enforce, or otherwise implement, an ordinance, resolution, regulation, or rule, or any amendment thereto, adopted on or after September 1, 2014, relating to reusable grocery bags, single-use carryout bags, or recycled paper bags, against a store, as defined in this chapter, unless expressly authorized by this chapter.” AB 1884 (Passed on 8/2018)
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-Full Service Restaurant prohibited from providing single-use plastic straws unless specifically requested by the consumer
-Full Service Restaurant defined as: establishment with primary purpose of serving food where food can be consumed on the premises -“(c) Nothing in this section shall prevent a city, county, city and county, or other local public agency from adopting and implementing an ordinance or rule that would further restrict a full-service restaurant from providing a single-use plastic straw to a consumer.” G.4.a
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New Year's Resolution:
Sustainability Challengers
Get up to $1,000!
Join us for our Sustainability
Challenge starting January 15th.
Get rewards if you finish in time for
Earth Day!
Up to $1,000 for eligible
businesses!
Email Saburi Sai at [email protected]
for more information or sign up for an info
session at tinyurl.com/2p9frmsh
San Benito County Green Business Program
Why Join?
Save money
Learn best practices
Be recognized for
your hard work
Join our fun and
growing San Benito
County green
business community!
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GREE~
CALIFORNIA
GREEN BUSINESS
NETWORK
Sustainable Food
Ware & Retail Bag
Ordinance
City of Hollister
Monica Abonce
Integrated Waste Management
Staff Service Specialist
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Key Dates and Milestones
I0/2020 - Reached out to IWM
regarding Senior Capstone Project
5/2021 - First presentation to the
Hollister City Council
7/2021 - Began focus group
outreach for Business Survey
9/2021 - Second presentation to
the Hollister City Council
12/2021 - Completed Business
Survey outreach
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Business Resources
Green Business
Challenge/Rebates
Vendor List/Approved
Products List Green SBC Website
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BIODEGRADABLE
PRODUCTS
INSTITUTE
20 6"Plates
Plan e~ 9
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WORLD
CENTRIC
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Green San Benito County
Font Size D Cl a Share & Bookmark .. Feedback ~ .emit
San Benito County is making great strides to go green! From a thriving green business community to plastic reduction ordinances, San Bentio County is actively working towards Sustainability. This page serves as a one~stop location for San Benito County businesses to help then go green and comply with local plastic reduction ordinances.
75 Hollister businesses surveyed
15 Spanish Speaking
60 English Speaking
23 Retail
49 Food Service
Survey Updates
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Very Important
40.5%
Important
32.4%
Moderately Important
16.2%
Slightly Important
5.4%
Not at all important
5.4%
As a business, how important is it to reduce your
environmental impact?
7 2 .9 % r e s p o n d e d w i t h
"V e r y I m p o r t a n t " o r
"I m p o r t a n t "
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Top concerns with reducing use of
single-use plastics:
33.9% said they were concerned about the cost
37.8% said they had no concerns
28.4% said they were concerned about customer satisfaction
21.6% said they were concerned about functionality
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-
"These changes are important but the City needs to
provide financial support to businesses because
everything is already really expensive and eco-friendly products are even more expensive."
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"The concern is to keep taking care of the
environment. We need to care for what we're
leaving the next generation"
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Introduce and hold a 1st
ordinance reading
Business Informational
and Resource Event
Staff Recommendations
Potential Next Steps:
City to offer cash incentives
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)
)
)
8 3 1 -6 3 6 -4 1 1 0
San Beni to Coun ty
Int egrated Waste
Manage ment Reg io n a l
Age n cy
Phon e Numb er
s b c i w m @ c o s b .u s
E mail A ddre s s
Thank you!
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Business Survey Summary:
City of Hollister Sustainable Food Ware and Retail Bag Ordinance Sustainable Food Ware and Retail Bag Ordinance:
A Sustainable Food Ware and Retail Bag Ordinance was proposed by Monica Abonce, a long-time resident of Hollister, as part of her Senior Capstone Project at American University.
Monica began interning with IWM in 2020 and has since become a full-time Staff Services Specialist. Since first bringing the ordinance proposal to Integrated Waste Management, the ordinance concept and business initial survey input have been presented to the Hollister City Council on two separate occasions. The first presentation was an introduction to the ordinance concept and phased approach as well as the impacts plastics have on our health and the environment. The second presentation included a brief summary of the previous presentation and initial business focus group survey data. A third presentation will be provided to the City Council on March 21, 2022 and will include an update on the latest business survey outreac and recommended next steps..
Business Survey:
A Business Survey was put together by Integrated Waste Management (IWM) to collect input from various Hollister businesses regarding a future ordinance. Initial focused business outreach was conducted to 20 Hollister businesses, both from retail and from the restaurant sector. Upon presenting the data to the Hollister City Council on September 21, 2021 IWM was advised to return at a later date with a larger pool of data.
A top goal of this survey was to better understand perceived challenges by Hollister businesses so the City of Hollister and IWM may improve outreach, as well as develop business tools and resources for business support.
Results:
With help from Environmental Innovations (EI), the IWM Contractor who assists with local Green Business Program certifications, we now have conducted outreach to and received survey input from a total of 75 Hollister restaurant and retail store businesses. Here are some of the survey questions and results:
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As a business, how important is it to reduce your environmental impact? With this question we were able to see how many businesses felt it was worthwhile to make environmental changes. Per our results, the majority of the surveyed businesses felt high to some level of importance in regards to reducing their environmental impact. Based on these survey results and our discussion with these businesses, we believe that given the proper encouragement, educational tools, and assistance, the majority of Hollister businesses would be in support of reducing their use of single use plastics. .
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Very Im portant
4 0 .5%
Not at all import ant
5 .4% Slightly Im portant
5.4 %
Moderate ly Importa nt
16.2%
Do you have any concerns about reducing single-use plastics in your business such as; carry-out bags, cups, utensils and containers? Please select all options that apply.
This survey question allowed businesses to share all concerns they may have with a future ordinance. Businesses were able to pick as many of the options listed, as well as an “other” option where they could write in and detail any concerns not already listed.To our surprise, the highest answer was “no concerns” followed by “lack of affordable alternatives”, “customer satisfaction”, and “functionality”. During our outreach, we received a significant amount of concern regarding the availability of alternative products. Some business owners that are wanting to buy environmentally friendly products, are having to purchase whatever is available due to product shortages. To address these concerns, IWM staff developed a vendor list/purchasing guide to assist businesses in finding available alternatives products and vendors that would help them comply with a future ordinance.
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No Concern s
Lac k of afforda b le alt ernat ives
Functio nal it y
Cus t o mer Sa t isfaction
Una b le t o install dish washe r
Ot he r
Aes t he tic
Surp l us of c urrent inven tory
0 10 20 30 40
How would you rate your knowledge on BPI Certified Compostable Products? This question’s intent was to gauge local awareness of BPI Certified Compostable products and labeling. While many products are labeled as “compostable”, “plant based”, or other environmental labeling, there is no guarantee that these products are actually breaking down or better than the plastic alternative - unless they are third party certified. BPI certified compostable products have been scientifically tested to ensure their compostability. Per these survey results, there is an obvious need to educate and provide additional resources regarding BPI certified products and labeling.
BPI Certified Products - Informational Brochure
To address the need for education on BPI Certified products and labeling, IWM staff developed an informational brochure which details 1) what is BPI Certified labeling 2) why the labeling is important and 3) How to find BPI Certified Products.
Vendor Product List
In the survey, businesses were also asked to list their vendors from which they purchase their disposable plastic products. IWM was able to create a purchasing guide of BPI Certified products. Any vendor listed by the businesses in the survey that carries BPI Certified Products is included in the guide.
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Have some knowledge about it
14 .7%
Have ve ry little knowle dge about it
17.3%
Have a lot of knowle dg e about it
5 .3%
I-l ave heard of it but don't know anyth tng about it
9 .3%
I-lave never heard of it
53 .3%
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
Brett Miller, City Manager
CONTACT: Daisy Caceres, Senior Support
Services Assistant
831-636-4300 x1010
TITLE OF ITEM: 2022 INDEPENDENCE DAY MOTORCYCLE RALLY
BRIEF DESCRIPTION: City Council will have a follow-up conversation based on the March 7, 2022 City Council Meeting 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.
DEPARTMENT SUMMARY: At the regular City Council meeting of February 07, 2022 Council Member Burns requested an item be placed on the agenda to discuss the 2022 Independence Day Motorcycle Rally. On March 7, 2022, City Council discussed this item but it was asked to be continued at the next meeting. Considering that the potential date of the event is approaching, Staff is requesting to receive direction from Council on how to proceed.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MARCH 21, 2022
SUBMITTED: March 10, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
CONTACT: Carlos Reynoso, Police Chief
831-636-4330
TITLE OF ITEM: INFORMATIONAL REPORT ON NEW SPECIAL NEEDS
REGISTRATION PROGRAM
BRIEF DESCRIPTION: The Hollister Police Department will provide a short presentation on our new voluntary resident registration program for those in our community who have special needs.
RECOMMENDATION: Staff recommends City Council of the City of Hollister receive the presentation and provide the staff opportunity to answer any questions and present dates where the registration will be offered.
DEPARTMENT SUMMARY: The Hollister Police Department has had several instances where we have encountered residents with conditions that complicate the ability to communicate, require medical assistance or display confused behavior.
These encounters can be from elderly individuals who have memory problems, wander away from home or have medical conditions that add to the confusion of the individual.
Other encounters can be from individuals who have other conditions who simply have difficulty communicating with others.
The Police Department has created a registration form for those individuals to be registered with the police department. The intention of the Special Needs Registration is to increase mutual awareness, understanding, and communication between first responders and the special needs community. This can be very helpful in emergencies for law enforcement or medical personnel to ascertain the needs of the individual or to locate emergency contacts.
Special Needs Registry is intended to support Hollister Police Officers to recognize and respond to community members with special needs. The registration form will provide information about the person with special needs of any age who may require assistance in an emergency or other encounter with officers.
The enrollment is free. Families and caregivers can voluntarily provide information about individuals with special needs by obtaining the application from the police department.
The information collected will be entered into our records database for officers to be able to access during times of emergencies or contact.
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The information provided on the special needs registration may help to save time in an emergency and help officers be more efficient on accessing the needs of the individual.
The form may contain the emergency contacts for the individual, a photo, safety and behavioral concerns, accommodations for interaction and communicating with the person, and information needed to find a missing person or identify someone who is found.
ATTACHMENTS:
1. SAFE Team Special Needs Registration Form
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
Brett Miller, City Manager
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability