Agenda packet — Hollister City Council, May 2, 2022 (part 2 of 2)

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DocuS ign Envelope ID : 1 AA 11 B48-8784-412A-A4DA-C7 A88BA90CE3

12. Pleas provide a brief description of any ound amplification equipment and illumination to be u ed at the Event:

Item Number of Units Type Location
Sound/ Amp I ification S ~--it-1 _ ~yr-k..,.ri S°M,. ~itr: St- -w l m ,C'l" o oh ~f eu:.~.s fu......... v~
mumination
I .
t-J )P(
Other
tJ //J'(

13. Please pro idea brief description of any construction of sign or banners to be used for the Event :

Type Number Materials
Banner o yJo \ \} j{) '-i I
Signs I I
I
I

14. Are there parking requirement for the Event:

Please de cribe: S]!\.;?io.;...1,. c,;::\\ ::4.,,-.
\.\? .. --y~{Y\ t-\t,,r...1-\.,,. -h ~ S-\'. "'b" c::-\-\,,,.:y tit:n

15. Will you pro ide \ ater station
Location
b~ cltt:,yr;SJ 5 tf..-v\ ~:-h
.0
¥ 'S :-\ ~-""
C. \s,, ·.
r-.Jc,--k--tu \-1-A '7 A. S°¥--t .. i::r
s=t . Vu~-+ ~ fu,r;,

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DocuSign Envelope ID: 1AA11848-8784-412A-A4OA-C7A88BA90CE3

16. \\; i II there be vendors at the E nt? 0 lf ye . how man ·> ---- Plea. e d cribe:

T umber Descri tion Business License
Food
Drinks
Other ~{,lue,J. Lt,
I
17 . Please Ii t anv and all government ageacie· requirim! a permit for the Event : Ap d J .._ ... ~ prove
--·--
Permit Aeencv DescriDtion -Current Status ,---OS -~
--~
.
-----
/
ADDITIO AL 'FORM TIO. (P RADES):

I. Parade assembl., will begin to as emble at:_q_,__:_QD _ __;:_M""l _ _____;__· _______ _

2. Parade :15sembly p_oint will be: CW{A,f_, JYl /q_ C(\oxt-\efBv\ st 1 7i;::l s-t--J L ,,;t..-t-Vf · ~ ~tt(Y\ f'.li•~ (V' rY\r,,-Jv~ --to -,;.-r

3. Parade route will be:~t c-.---\:IT\ ,c\ M , rJ o -1-h ,,,......... 5~ eu--.,-h } ;,

4. Interval space to be maintained between units: O...v 'r Ip' -V6\.. l (.0 J . d...!Q t~ ,.,...., r,; ;:> \"Z<, c.,f -t ~

5. umberofFI ats: ·?lo OtherVehicles:. __ ~--------
S iz :_..:!.-Ji...!:"(j_:...::·...:..~-,A-'--=-\JJ-=Y'--,-=\Cv'?-=-~, _\-=~-=o'--_'5.::--s G-v'V"\ , -+v-1.,\ u.-:, - l'ublic .-'\s. cmbl Penni1

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M~~ ~ C> 1""0 ~ v L..~ y ~ ~ ~ \\I\ ir,-...\e." '/ -\-ii \J "l.,tu A. q\-' $:(,1.,N\. ~ ,-n fvo'V""I ~~ ,,..~ -to ~ q;;-. \,.,.... ~~ c;; -~ stt... ~ ~tt, v , o\7,vi s+-. V Street &
Perking Lot
Closures
~ ~ /1(\ \ e."I -1v f'Cv . ,+,.._yd . ✓ ·~ -5'+ ~ g,.;,a~ M\t'( -h, Vr,,t ,:~ L.. l [IDtl Restrooms
X Parade Start
• • • ► Parade Route

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DocuSign En velope ID : 1 AA 11 B48-8784-412A-A4DA-C7 AB8BA90CE3 Please use thi page for any additional information you may need to provide.

D
D Comments from Public Works , if applicable : no comments D
Comments from City Manager if app licable·
Comments from Planning, if needed :

D
P Ii~ A., .... 111 ly Perm i t
Page o f9

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DocuS ign Envelope ID: 1AA11B48-8784-412A-A4DA-C7AB8BA90CE 3

RELEASE ANO WAIVER OF LIA BILITY ANO INDEMNITY AGREEMENT \.\cl \ iw ~"1't>'-""' AsSt.l~ ~ • its employees, agents , officers, representatives, contractors, heirs and assigns, (collect.ively "Applicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees , officers , agents, or contractors , {collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:

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

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

Applicant shall IND EMNIFY , RELEASE ANO HOLD HARMLESS the City from :
(a ) Any and all claims , demands . causes of action . damages , costs , expenses , losses , or liabilities , in law or in equity, of every kind and nature whatsoever , for , but not limited to, injury to or death of any person including App licant, and damages to or destruction of any property of City or Applicant , or any econom i c loss suffered by Appl icant , arising out or of in any manner directly or ind irectly connected with the Activi ty , however caused and regardless of whether or not caused in part by the City. (b ) Any and all damages , costs , expenses, or penalties , imposed on account of the violation of any governmental law or regulation. compliance with which is the responsibility of Applicant.

Applicant shall , at its own cost , expense and risk, defend all suits , actions , or other legal proceed ings of every k ind that may be brought or in st ituted by third persons aga inst the City. relating to the Activity , or to enforce any penalty relating to the Activ ity. Applicant shall pay and satisfy any j udgment, award . decree or penalty assessment that m ay be rendered against City, in any suc h su i t , act ion or other legal proceedings. Applicant shall re imburse City for any and all legal expenses and costs incurred by Ci ty in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing , nothing herein shall be construed to require Applicant to indemnify the City from any cla im aris ing from the sole negligence or willful misconduct of the City .

Page , o f~

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DocuS ign En velope ID : 1AA11B48-8784-412A-A4DA-C7AB8BA90CE3 aESOLllTION ~ 207
A ltDOLIJTIO OF 11m CITY COUNCIL OP 11D CIT\' OF
HOLUSTD ESTABLISBlNG A. PERMn AnUCA 110 ru: J'OR
P AltA.Dl'S AND PUBUC ASSDIBLIIS
WHnlEAS, Municipal Code Chapter 24, regubtes panda. mid pllhik 1S81lmbfies; and WBDEAS. 1ec;QQQ 24'.0I ~ tbar certun feel. Jnclecting the permit ..,.,ta,ioa tee. shall be Ni:abubed by raolmion of the city oouncil,
NOW, 1'HlllD'ORE. TIU CTIY C'OONCil. llDOLVl:S A.S POI.LOWS:
l. A pmade or public wembly pemit applir:alion fee ii benby eetaNisber1 in the mnoaat «ONE HUNDRED DOLLAJlS (1100) SMi' ■pplir.a,ion

2. Thi: appication r'De may be Qved in whole or in part by the City Council for pandel or pubtic lllembiea 1POC1101ed o. ~ by tbeCityofHomltcr.

PASSED A.IQ> ADOnm at• reeuJar meetma «die Ciry Council oftbe City of Holliilta-on dlis 2ad day ofOermlber. 1996 by me fbllowing YO!C.:

NOES : Jana .

ABSTAINING: !Ion•.
~c&3-zz:1.'~~6?~· -===-------
RICHARD K. BOOMER. Mayor
Pu hli ;: l\:,"'-'tll b ly Permit

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OocuS ign En velope 10 : 1AA 11 B48-87844 12A-A4DA-C7 AB8BA90CE3 HOLLOOW-01 JBENNETT
ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOIYYYYJ ~ 11/19/2021
THIS CERllFICA TE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BElWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate hol der is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endol'$8fl1ent A statement on this certlficate does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER ~I~CT --
Maury, Donnel~ & Parr ~:o,Eat): (410) 685~25 t~,Not:(410) 685-3071

2.4 Commerce l
Baltimore, MD 21202
-E.-iAJL -
ADDRESS · --
--INSURERIS I AFFORDING COVERAGE NAICt
INSURER A :CNA Insurance Comoanies 52412 -
INSURED INSURERS : -
Hollister Downtown Association INSURERC : -
535 San Benito Street INSURER D :

Hollister, CA 95023 INSURER E :

INSURER F :

COVERAGES CERTIFICATE NUMBER· REVISION NUMBER·

THI S IS TO CERT IFY THAT TH E POLI CIES OF INSURA 'CE LI STED BE LOW HAVE BEEN ISS UED TO TH E IN SUR ED NAMED ABOVE FOR TH E POL ICY PERIOD IN DICATED . NOTWITH STANDIN G ANY REQUIREMEN T . TER M OR CONDITION OF ANY CONTR ACT OR OTH ER DOC UM ENT WI TH RESPEC T TO VIIHICH THIS CER TI FICATE MAY BE ISS UE.O OR MAY PERT AIN . THE I SURANC E AFFORDED BY TH E POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL TH E TERMS .

EXCL USIONS AND CONDITI ONS OF SUCH PO LI CJES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIM S. - ·~!;f --~-~ POUCYEFF POUCYEXP
TYPE OF IN SURANQ: POI.JCY NUMBER ,., LIMITS
A COMIIERCIAL GENERAL UABIUTY EACH OCC\i_RR ENCE s 1,000 ,000 ·---
a.AIMS-MADE X OCCtJR X ----7012985369 10/20/2021 10/20/2022 --=*%J?ia~~l s 1 ,000,000 I M ::0 EXP (Any one :,e,scn1 s 10,000
-------
_P ~SOW>.L & ADV fp,LJURY s 1 ,000,000
----2,000,000
;Jill:IL AGGR EGATE U MIT APfLI ES PER GENE RAL AGGREGA E s - X PCl'.JCY fe8' LOC PRODUCTS • COMP/OP ;.GG s 2.,000,000 ,__ ~ -I -
OTHER: ! s
At/T01,1081L£ UABIUTY ~~ . s
ANY AUTO BOD!LY~.S -
~O'~D -SCI--IEOO.ED
AUTOS ONLY AUTOS 900 Y Jl,Lll.J RY ~ ac;,oeni) s • =A~l~ PROPERTY CW,!AGE -==y ~aa;,oenl) s - s
A UJIBRELLA UA8 OCCUR ...§o\CH OCCURRENCE s 1,000,000
----
EXCESS UA8 CLAIMS-MADE X 7012996937 10/24/2021 10/24/2022 AGG REGATE s 2,000,000 ---
OED RETENTlCN S s
. WORKERS COMPEHSA T10H
P"..R OlH-
AND EMPLOYERS' UABIUTY I . STATUTE ER +
A ·y FROPRIETORIPARTNERIEXECUTIVE
Y/J! E.L EACH ACCIDENT s
OFF!CER,f,IEM SER EXClUOEO? N I A
(-1')' In NHI -E L DI SEASE • EA EM PLOYEE, S -rrSCR~~DC .. 4TI<JNS _ • E l. OI SEASE • POI.ICY LI MIT s llESCRfPT1(Jfj OF OPERA TIOHS I LOCA Tl()fjS / VEttn.E.S !ACORD 1 D1 , Adclldonal Rtrnatb Schedulo, may be ,ttachod if moN 1pace Is requinld) City of Hollister is listed as an additional insured.

Ref: Annual Lights on Celebration Parade

CERTIFICATE HOLDER CANCELLATION
SHOULD MY OF TliE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE TliEREOF, NOTICE WIU BE DELIVERED IN City of Hollister ACCORDANCE WITH THE POLICY PROVISIONS . 375 Fifth SL
Hollister, CA 95023
AUTHORIZED REPRESeNTA l1VE
~,
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

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DocuS ign En velope ID : 1M11B48-8784-412A-A4DA-C7AB8BA9 0C E3 I saddle Horse Show and Parade -Saturday, June 18, 2022. sponsored by Hollister oo wn tow ._n ___ _, Association
CfT USE ONl. Y
****************************************************************************** APPLICA TIO:N IS:
[x] APPRO ED
0 DE IED
0 RETUR ·rn 4/4/2022
Explanation : _____________________________ _
0 THlS PERMIT REQUIRES FURTHER FORM TIO
Explanation :. _____________________________ _
0 THlS PERMIT REQUIRES THE FOLLO\'
FURTHER APPROVAL BY:
o@=:Z~~
l2B12BEF51~'1RE Cl-TT EF 4/4/2022

D ---------------
~~=(Mi~
Pubf£C~l}4 ~'fi'nit
Acting Planning Director 4/13/2022
G CO DITTO S:

OocuS igned by:
□ t7rt1f Atillu-
MA AGER 4 5 2022
□ ~DIRECTOR 4 /S/Z02'

D -------------
OTHER
Assoc iate Engineer
P g,: 6 ol
4/13 /2022

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DocuS ig ~ Envelope ID : 1 AA 11 B48-8784-412A-A4DA-C7 AB8BA90CE3 ·· ~ &:uv0~ 5+-CITY OF HOLLISTER

PARADE /EVENT STREET CLOSURE PERMIT
saJJ lL H(N~ ~ \t1 6\).) fd.,A,u__JC -tJ;/1 (ji-·-z-
sponsoring Group Hnl I\. :%v: 1>o\JY'-i'Dkin M£iJl ,tdl l"V\...

Representative I VL-l. fie {"01 •, I LA.J
Address Cj ½ !;tlv-..., &-1 i:--h st ttDl \ \ ·s±vr: 1 ffi tq\t> d 3 Phone Number &n.-i:S e d,2 .,1 • h wh. t-wi l 1 ~-u') .

Streets , Request Use of ~¼r---~,::k ~--S'-r M ....i., c.--, +-4--7 ".. s..l-- ~ .!OJ J '':.--! )/tv:CJ\V:: a .:>\. (t"'C & ~~ tv<"V\. <, •

31.n 0t.n·cb:i ~ Afk. --t-o fu\U'~ Cl,-r,fl ail #u-h 1;._,, ~ ,$u r-0-&f ( Jr ;/!,AP a_ fh cLJJ
Date .............. b -+-} ...... 1 ..... x+-J-"--')O"-'l"----'-r ___ T i me of Day: from t:1 .00 ~r, to ~-.o O (?'fr\ Number of People ..... /.....,.___;5Do_o ___ Music: Yes V No Type of Parade /Event Street Closure ___ Stt=-=-"-..... , __ d~LL:-__ti-u_v" ___ JC--__ s<-:.i'v()l,-0--=-· __,__A __;V_..c.~~---- $)0 c\d 1 04e....,
Dated: ~)j/-;,o2 v S igned:

For City of Hollister Use only
@=~~~
4/4/2022 4/4/2022
DoeuSigned by :

UU'l:1 b6!.V]~S
tfMgmwe-nt Serv i ces Di rector 4/5/2022 4/5/2022
Approved by City Council at regular meeting of ________ _ ~~=,{Mi~ 9CC504EF7751<43B ...

Associate Engineer
4 /13/2022 Acting Plann ing Director 4/13/2022

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DocuSign Envelope ID : 1AA 11848-8784-412A-A4DA-C7 AB8BA90C E3 111
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S:().N\. ~ ,h ~ ~tt.·r·~ -to 41".!°' S1"'.
~&CY S\-~ s~ ~· 7'l "' fr• ~ ri-'IA. ~ I er./ ~f-o-w f wr k'... ~+ -+o . l"i?" y <I ~ ~ • ·~ ~+ ~ <:;.,..,~ .A'"t't -h, lh, ~,;--.d' l-\s'1 ( , i vµ{ l..r'I ~h,:..~ 'folA.-- Street &
Parking Lot
Closures
fIDt} Reatrooms
X Parade Start
• • • ► Parade Route

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DocuSign Envelope ID: 1AA 11 B48-8784-412A-A4DA-C7 AB8BA90CE3

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT \-:\l,I I ,·'zk<: ~~ t.vt'\ A-~ ·. its employees . agents officers , representatives . contractors , he irs and assigns , (collecti vely "Applicann, hereby WAIVES , RELEASES AND DISCHARGES an~ and all cia ims aga inst the City of Hollister and /or its employees , officers , agents , or contractors , (collect ively ~city"), for death , personal injury, property damage , or any other damages which Applicant may have or suffer. or which may hereafter accrue , as a result of the :

Block Party
Parade
Public Event
Banner/Flag
Other _________ _
rthe Activity"). This RELEASE i s intended to discharge the C ity in advance from any and all liab ility arising out of or connected in any way with the Activity , even though that liability may arise out of negligence or carelessness on the part of the City.

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

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from :
(a ) Any and all claims , demands , causes of act ion damages , costs , expenses , losses , or liabil ities , i n law or in equity of every kind and nature whatsoever, for , but not limited to , injury to or death of any person includ ing Applicant , and damages to or destruction of any property of City or Applicant , or any economic loss suffered by Appl icant , aris ing out or of in any manner directly or indirectly connected with the Activity, however caused and regardless of whether or not caused in part by the City. (b ) Any and all damages costs , expenses , or penalt ies , imposed on account of the violation of any governmental law or regulation , compliance with which is the responsibility of Applicant.

Applicant shall , at its own cost. expense and risk , defend all su its , actions. or other legal proceed ings of every kind that may be brought or instituted by third persons against the City , relating to the Activity. or to enforce any penalty relat ing to the Activity. Applicant shall pay and satisfy any judgment , award , decree or penalty assessment that may be rendered against City, in any such su it , action or other legal proceedings. Appl icant shall reimburse City for any and all legal expenses and costs incurred by City in connect ion therewith or in enforcing this Agreement.

Notwithstand ing the foregoing , nothing herein shall be construed to requ i re Appl icant to indemn ify the C ity from any claim arising from the sole negligence or willful misconduct of the City.

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DocuSig l!,_ ~nvelop: ID : 1AA11848-8 784-412A-A4DA-C7 AB8BA90C E3 ~
ACORD.
~
HOLLOOW-01
CERTIFICATE OF LIABILITY INSURANCE -=.:111 11H9"2021
THiS catllF)CAT!: IS ~ED "5 A-MATTER OF INFORMATJOH ONLYANOCOJIFEMNORIGkTSUPONTHECERllAC:AlEtlOLD8t.

TlVS
CElllFJCAJ'E DOB NOT AFf'llalAl'IYElY OR HEGA11YEL Y AIIENO , EXT£NO ~ ALTER TH£ COVERAGE AFFORDED BY~ POUC1ES 8S..QW. THIS catTIFICATE Qf INSUfUuJCE DOES NOT CONSTl1UTe A COffT'RACT &ElWEEJI THE ISSUING~ AUTMOAlZEO REPRESEHTA 11\IE OR fJRODUC£R. AND Tl4E-catllFIC,Ut HOLDER.

IIIPORTANT: If 11w ai1ikMa haldwlnnAODl'TlOliW. INSUMO, iile.JIC,lcy(lft) IIIUlltwft ADtJfTlOHALPdUR£0 ~ 0t be~ tf SUBROGATION IS WANB>, aulljaa_(D Ille tanns Md candliiiDm or.. policy, carlain polkiN...., ,-quw an e,ldol'Seffl«lt. ,. ~ OIi ttlis twtifica9 doaos not~ ID 11» carttf\QCa haldeI In Dau olsudl s. -llury,Oonnallr&Parr kC-C.St.

Ba1Bmcn. 110 ?U02
D
~ ~ AN/'JCtaHNI
WSM&oiloSlrNI
tfclllfler, CA 95023
I TO CVlNY THAT TttE PQ.J0tS-OF
INOCUED. !IOT"MTHSt ANY REQUIREMOIT .

I ~ E M.lY BE ~ OR MAY
L Extt.US!CfiS AHO~ IONS OIF SUCH .

A
.Je,_>,"i. • ~ ER
Clryofliollmr
J71flftl'lk
Haaistlw, CA 95023
ACORD 75 {201l/03)

CANCEUATION
I SHIOULDNl't OF TH5" ~ DDCW-0 ,a..rn a£~~
THl DPIIUnoN DA ff ntEMOF. IIOTICE W..l U ~ IN
iloCCOM)AM::EwnM ntEl'O&.JCYMCMSION$.
0 tna-2015 ACORD CORPORATION. Aft rivfib--.S.

The ACORD rmM .,-, IOgo-~ marks of AC.ORO

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DocuSig ~ En~~lope ID : 1AA 11B48-8784-412A-A4DA-C7AB8BA90CE3 Please u e thi page for an y additional infonnation you ma y need to pro ide .

D Additional Comments from Engineering , if needed: During road closure detour traffic toward Sally Street and West Street.
□
D Additional Comments from Planning , if needed:
□

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 6, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

TITLE OF ITEM: RESOLUTION NO. 2022-69, RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF HOLLISTER APPROVING TEMPORARY STREET CLOSURES OF

VARIOUS STREETS FOR THE CITY OF HOLLISTER RECREATION DEPARTMENT,

IN PARTNERSHIP WITH THE SAN BENITO COUNTY SAFE KIDS COALITION'S ANNUAL KIDS AT THE PARK EVENT ON JUNE 15, 2022

BRIEF DESCRIPTION: This Resolution will authorize the temporary closures of portions of 7th Street and West Street for the Annual Kids at the Park event to be held on Wednesday, June 15, 2022.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution approving the temporary street closures of portions of 7th Street, and West Street for the Annual Kids at the Park event.

DEPARTMENT SUMMARY: The City of Hollister Recreation Department in partnership with the San Benito County Safe Kids Coalition are requesting temporary street closure of 7th Street from Powell Street to West Street and West Street from 6th Street to 7th Street from 7:30 a.m. to 2:30 pm on Wednesday, June 15, 2022. The request for the temporary street closure is for the annual Kids at the Park event.

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

CEQA: N/A

ATTACHMENTS:

1. Approved - Public Assembly and Street Closure for Kids at the Park

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-69

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING

TEMPORARY STREET CLOSURES OF VARIOUS STREETS FOR THE CITY OF

HOLLISTER RECREATION DEPARTMENT, IN PARTNERSHIP WITH THE SAN

BENITO COUNTY SAFE KIDS COALITION'S ANNUAL KIDS AT THE PARK EVENT ON JUNE 15, 2022

WHEREAS, the City of Hollister Recreation Department in partnership with the Safe Kids Coalition will be having the Annual Kids at the Park event on Wednesday, June 15, 2022; and

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

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves that temporary street closures pursuant to the following will ensure Public Safety:

Closure of 7th Street from Powell Street to West Street from 7:30 a.m. to 2:30 p.m.

Closure of West Street from 7th Street to 6th Street from 7:30 a.m. to 2:30 p.m.

Said streets will be temporarily closed pursuant to Section 21101(e) of the Vehicle Code of the State of California. The City Council of the City of Hollister finds and determines that said closing is necessary for the safety of persons and that Powell Street, South Street, and East Street will be used during the temporary closure.

The Police Department of the City of Hollister will be responsible for traffic control, including re-routing of traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-69, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 4/13/2022Associate Engineer Acting Planning Director 4/14/2022 A.5.a
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CITY OF HOLLISTER Receive __ __,
BLOCK PARTY PERMIT APR 12 2022
Permission is requested to temporary close: :w es+ &e,i,} By: ~~ fl -~-L -th I. /,1.2-CJJntf (street) to J -c]r(l r (street), on . 7 ~ s ~4 ~ Pow 'L,L,\.. ~ Wes~ "'ti.~.ei-.
the l fi) day of c) \,\ nL ' 20 12, between the hours of:

J '::}O 12\ ,\!Vl. and 2., '. 10 p·M.. for a Neighborhood Block Party.

Contact Name: 1Jh'ltl Gct,t1/1 Telephone No.: r,};/-& 1!J-(.p2 -C> ___ F_OR_CITY u_s_E Otjq-f----rHhll-..,q.+-/4+-,h4--++-+------ Ch ief of Police _)'.j. Fire ~
~~-;;.,hit Service~ City liAanager

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
Packet Pg. 127
Block Party Street Closure Resident's Signatures
llt
from ....,.__--'---U.~..:.......,-.1....----=::;.....r..!~~( street) to___._:..=......._.=...;;.....;_....;...,,-..i..~=c..:...,,.,,:....:.f _( street), on the ____._I fJ-=----day of d \I\ ~ , 2o 'J-.'2.,, between the hours of 1 : ? D Cl • JVl, and l '.20 f. Wl' for a Neighborhood Block Party.

We, the undersi gned do he reb y support and consent to the above street being closed based on the information pro vided above.
2 3
4 5
6 7
8 9
10 Print (Es criba s u nombre) 1 .J
······································~----·-4 ---···
Sign (Finnel .. ... . .... ttlJ.rt . (\
p
.. .. . ........ .

Si
. ....... . .. .

Pri nt
····"· -.f1.A.r:i..D.t!! =
Sign

RESIDE CE

RESJDENCIA
Resideq Address ONL 'l.($OL O la 7cc.ion en donde •ive) ............ £.6..::-... ?.!.~ ............ : ....... .

City or Town (Ci11dad o Localidad)
. ✓ C. -e, .., -.,, ... ;d:.c .1-,J..1.5. .T.!P.:t... .. , .. c..-. t:-7.,. ..... 7.. ,5.... cr-_:y ~~,r ~~ ..... :. .~.~U:.~~ ~i~ec~i~. ~n donde vive) ~o/G.l!/~ .. '.".~ .... ~~~~.r5.o.~5. ..

Resi d eccion en donde vive)
.
~0? ························
, LO la direccion en donde vive)
J ...
.... . ............... . ...................... .
~· .. ~9.S4?.~ ..

R LO la direccion en dande vive)
.......... . ............... .
~'.~.~~.. A~.3. ... .
(Duplicate this page as needed in order to s ubmit the majority ofresidents in the affected area.)

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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State of California
County of San Ben ito
}
}
}
Ar-flDAVIT
I, """"4-li..:...:...;:;.:...:,J,,,:--.i:....:..._~.:....:.i..t,----affirm that the signatures included with the Block Party Permit are from a majority of residents in the affected area were obtained by me and are in support of:

The temporary closure of: w-e_sf (street), from Co .-ft, Sfre_e_f-- _____ (street) to 3-:11,i. (street), on the JS
day of :I \.A'\t,, , 20 Z 1-, between the hours of:
___ 7_· _:3_{)_4_M __ and b ., 3 0 fi'h for a Neighborhood Block Party. (Start umJ (End t ime )
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature: _J()'IAJl It Jr,
Printed Name: •fuM_ll~d.<J '1'Af _d,rn _,...,
Date: 1 I lJ I 1mi. I r

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT e H 'Kl, t uvb [Yl/ t its employees , agents , officers , representatives , contractors , heirs and assigns , (collectively "Appl ican t"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees , officers , agents , or contractors , (collectively "City''), for death , personal injury , property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue , as a result of the:
'if} Block Party
□ Parade
□ Public Event
□ Banner/Flag
□ Other
("the Act ivity"). This RELEASE is intended to discharge the City i n advance from any and all liability arising out of or connected in any way with the Activity , even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents , whether of a serious or minor nature , occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister ; and that participants may occasionally sustain mortal or serious personal injuries , and /or property damage , as a consequence thereof. Knowing the risks of the Activity , Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.
tt is further understood and agreed that th is WAIVER , RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant , and such ind iv idua ls or entities comprising Applicant , and Applicant will make no cla im against, sue , attach t he property of, or prosecute the City for injury or damage or economic toss resulting from the negligence or other acts or omiss ions , howsoever caused , of City , as a resu lt of Applicant's participat ion in, or City's authorization of the Activity, or any other act or omiss ion of City relating to the Act ivity.

Applicant shall , at its own cost , expense and risk , defend all suits , actions , or other legal proceedings of every k ind that may be brought or instituted by third persons against the City , relat ing to the Activity , or to enforce any penalty relating to the Activity . Applicant shall pay and satisfy any judgment , award , decree or penalty assessment that may be rendered against City , in any such suit , act ion or other legal proceedings. Applicant shall re imburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforc ing this Agreement.

Notwithstanding the foregoing , nothing here in shall be construed to require Applicant to indemnify the City from any claim arising from the sole negl igence or will isconduct of the City.

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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I I
Kids at the Parl<
.-

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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Receiv~
Date Received APR 1 2 2022
By City Clerk_,__,,__----=----:..-_--:...--:...---By:

ANTICIPATED RE1T.lRN PERMJT

ATTENDEES WITHIN
1000 + 60 + da ys
0-1000 45+ days

CITY OF HOLLISTER

PUBLIC ASSEMBLY PERMIT
Please complete the permit application and return to the City Clerk within the prescribed time period referenced above. Should you need further space to respond to these questions, please use page 7 or attach your responses to this application. Please attach Certificate of Insurance to this application .

1. Applicant
Name Address Phone
·9Jot \/\~+ &, h: lP13 -&2<Z I
\\f\,A w:
email:
h:
w:
email:

2. Sponsoring group(s):

Name Address Phone
j\?JC l l l \ $tvVl h: &37-3&7
Vxcls 12-, 7 w: b, or}; email:
h:
w:
email:

Public Assembly Permit Page I of9
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DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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3. The person in charge of the Event:

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

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

I Address I Phone
~. W1?rl/lF,ij
6 . If private property, please list all property owners:

Name Address Phone
h:
w:
h:
w:

Public Assembly Permi t Page 2 of9

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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7 . Please describe the nature of the event:
i nkx~cd:iW
~JlEwVk~ft,
8 . Date and time of the Event:

Date: Finish Time: ;J ,' 6D fVl
9 . Please describe the location of the Event, including its boundaries:_W-is± s} C1'W ~ vfb-tt 1 ~ &. :J i!l &rru + c I o¾d
--bY'0 '.1ewe-l I ¼ Wl&t o\-· fl11~~ ntAp

10. Estimated number of participants: g1 61)0

11. Please describe the number of vehicles, animals and/or structures that will be used in the Event:

Items D
Vehicles s
Animals
Structures 0 iO'f_tDivrvb
Other
Public Assembly Permi1 Page 3 of9

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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12. Please provide a brief description of any sound amplification equipment and illumination to be used at the Event:

Item Number of Units T e Location
Sound/ Amplification \
Illumination
Other

13. Please provide a brief description of any construction of signs or banners to be used for the Event:

T e Number Materials
Banner
Signs

14. Are there parking requirements for the E vent: YES
P lease describe:

Location
---------------------------

15. Will you provide water stations
Location(s): tA~'.\(]A~
Will you provide first aid?
Location(s): '{\UVC ~
Will you provide comfort stations
(portable restrooms)
0 If yes , how many? ___ _
0 If yes, how many? ___ _
Location(s): ----------------------------
Public Assembly Permit Page 4 of9 ------~

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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16 . Will there be vendors at the Event? 0 If yes , how many? J{) -~-- Please describe:

Type Number Description Business License
Food rJ) A-
Drinks l
Other

17. Please list any and all government agencies requiring a permit for the Event Permit Agency Description Current Status
NIA-
I
ADDITIONAL INFORMA TIO (PARADES):

Parade assembly will begin to assemble at: ______________ _

2. Para e assembly point will be: ___________________ _ 3 .

4. Interval space to be maintained be
Public Assembly Permit Page 5 of9

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 4/13/2022Associate EngineerActing Planning Director 4/14/2022 A.5.a
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CITY USE ONLY
****************************************************************************** AP PLICATION IS:
~ APPROVED
□ DENIED

CHIEF OF POLICE
□ RETURNED
Explanation: ____________________________ _
□ THIS PERMIT REQUIRES FURTHER INFORMATIO
Explanation: ____________________________ _
□ THIS PERMIT REQUIRES THE FOLLOWING CONDITIONS:

GER
□

DEVELOPME T SERVICES DIRECTOR
□ \~ Jj,.,_k
MAAciENTSERVICE~DIRECTOR
□ ---------------0 THE R In DocuSigned by:
~~=43~~
Public Assembly Permit Page 6 of9

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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RELEAS AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
-1t::,~....1....1.____,1==--.:::.....w:....!-=..::·~L.:...0L.J.::...... __ , its employees, agents, officers, representatives, contractors heirs and assigns, (collectively "Applicant"), hereby WAIVES, RELEASES AND DISCHARGES a~y and all claims against the City of Hollister and/or its employees, officers, agents, or contractors, (collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:

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

It is further understood and agreed that th is WAIVER , RELEASE AND ASSUMPTION OF RISK is to be bind ing on Applicant , and such individuals or entities compr ising Applicant , and Applicant will make no cla im against, sue , attach the property of, or prosecute the City for injury or damage or econom ic loss resulting from the negl igence or other acts or om issions , howsoever caused , of City , as a result of Applicant's participat ion in, or City 's authorization of the Activity , or any other act or omission of City relat ing to the Activ ity.

Applicant shall, at its own cost , expense and risk, defend all su it s, actions , or other legal proceed ings of every kind that may be brought or instituted by th ird persons against the City, relating to the Activity , or to enforce any penalty relat ing to the Activity. Appl icant shall pay and satisfy any judgment , award , decree or penalty assessment that may be rendered against City, in any such suit , action or other legal proceed ings. Applicant shall re imburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing , nothing herein shall be construed to require Applicant to indemnify the City from any claim aris ing from the sole negligence or willful · nduct of the City.

Li l · J2
DATE
Publi c Assembly P ermit Page 8 of9

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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Please use this page for any additional information you may need to provide. □
□
□
Public Assembly Permit Page 7 of9

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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CITY OF HOLLISTER

APPLICATION FOR BANNER/ENCROACHMENT PERMIT

OVER SAN BENITO STREET
Reservat ions must be made no later than one month in advance of the event with the City Clerk 's Office, 375 Fifth Street, Hollister, CA 95023 , (831) 636-4300. _ Non-Profit Organi /. Wh of fr If ,J-ict t?.Jc1 tub{~
Representat ive: l \ 11/t Gru=z..tl
Address: 1:lvP W8-f ~t:

Phone Numbers: Day (p 1(v-Y3 tJ U Evenings
\
Ema il: 41 ~/lj ffk7A€21 lui/ l~r. u-wv
Date s ign goes up:()\& \ t 1V 2(l Date s ign comes down: d lA,,t\L l (e{ ~viz Event to be held on the l fJ day of c_) V\; r\;(,, 20 2: / Hang Banner over San Benito Street Announcing (verbiage on banner):
iccls cd ~ ?rvv!L
An executed Hold Harmless Agreement and a Certificate of Insurance naming the City of Hollister as an add itional insured must be attached.

Appl icant/Organ ization agrees to comply with the Pol icy for Use of Signs adopted by Resolution No. 2014-134 .

Date
Approved by the City Manager or his designee:

Approval S ignature Date

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 A.5.a
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EASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
--' .<:=--\;-"-}i-'--·-'-'.c......!...-=----'' its employees , agents , officers , representatives , contractors , heirs and assigns , (collectively "Applican t"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and /or its employees , officers , agents , or contractors , (collective ly "City"), for death , personal injury, property damage , or any other damages which Applicant may have or suffer, or wh ich may hereafter accrue , as a result of the:

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

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

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

Notwithstanding the foregoing , nothing herein shall be construed to require Appl icant to indemnify the City from any claim arising from the sole negli o willful misconduct of the City.

DATE

DocuSign Envelope ID: B3ECD7AC-5C1B-4B63-82AF-FB1A9A4531D1 Comments from Engineering, if needed:

Comments from Planning, if needed:

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Plea e use thi page for any additional information you may need to provide. □
□
□
□
Publi c Ass embly Permi t Page 7 of9 --------

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: March 31, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

TITLE OF ITEM: RESOLUTION NO. 2022-70, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY CLOSURES

OF VARIOUS STREETS FOR THE ANNUAL HOLLISTER RECREATION FUN RUN

IN CELEBRATION OF JULY IS PARK & RECREATION MONTH AND THE CITY OF HOLLISTER 150TH ANNIVERSARY TO BE HELD ON SATURDAY, JULY 23, 2022

BRIEF DESCRIPTION: This Resolution authorizes the temporary closure of various streets from 8:00 a.m. to 11:00 a.m. on Saturday, July 23, 2022, for the annual Hollis ter Recreation Fun Run in celebration of the City of Hollister 150 Anniversary.

RECOMMENDATION: Staff recommends that Council ADOPT a Resolution approving temporary closures of various streets for the annual Hollister Recreation Fun Run in celebration of the City of Hollister 150 Anniversary and July is Park and Recreation month.

DEPARTMENT SUMMARY: This request is for the temporary closure of numerous streets for the Annual Hollister Recreation Fun Run to be held on Saturday, July 23, 2022.

Each year in the month of July the City of Hollister Parks and Recreation Department hosts a family fun run in celebration of July is Park & Recreation Month. This year in addition to the annual July celebration the City of Hollister turns 150 years old on August 6, 2022. Staff is requesting to have a double celebration, celebrating the City’s 150th Anniversary and July is Park & Recreation month.

The hold harmless agreement, street closure permit, the Engineering Department’s comments to have signs providing options to the community recommending residents detour towards other streets and public assembly permit have been submitted to the City Clerk’s Office. This Run is sponsored by the City of Hollister Parks and Recreation Department. The street closure permit and public assembly permit have been approved by the appropriate Department Heads.

FINANCIAL IMPACT: Item budgeted in FY 2021-2022 budget
CEQA: N/A

ATTACHMENTS:

1. Fun Run Street Closure - Approved by Staff

2. Fun Run Public Assembly - Approved by Staff

3. Exhibit A - 2022 Fun Run Map with Engineering Comments

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
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Brett Miller, City Manager

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RESOLUTION NO. 2022-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING TEMPORARY CLOSURES OF VARIOUS STREETS FOR THE

ANNUAL HOLLISTER RECREATION FUN RUN IN CELEBRATION OF JULY IS PARK & RECREATION MONTH AND THE CITY OF HOLLISTER 150TH ANNIVERSARY TO BE HELD ON SATURDAY, JULY 23, 2022

WHEREAS, the City of Hollister Recreation Department celebrates July is Park and Recreation Month annually in the month of July; and

WHEREAS, the department coordinates an annual family fun run. This year the run will be held on Saturday, July 23, 2022; and

WHEREAS, this year in addition to the annual run staff will include the 150th City of Hollister logo as part of the celebration and theme of the run; and

WHEREAS, the Engineering Department of the City of Hollister has requested posting detour options and signs indicating street closed for Public Safety issues as outlined in Exhibit A; and

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

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

Closure of San Benito Street from 6th Street south to River Parkway from 8:00 a.m. to 11:00 a.m.

Closure of River Parkway to Nash Rd from 8:00 a.m. to 11:00 a.m.

Closure of Nash Rd to San Benito Street from 8:00 a.m. to 11:00 a.m.

Closure of 7th Street east to Swope Alley from 8:00 a.m. to 11:00 a.m.

Public Works will be responsible for traffic control, including re-routing of traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-70, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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DocuSign Envelope ID: 756C7A1C-0B70-4550-8699-566D75260949 4/14/2022 4/14/2022
4/14/2022
Associate Engineer 4/14/2022
4/22/2022
Acting Planning Director 4/25/2022
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CITY OF HOLLISTER

PARADE/EVENT STREET CLOSURE PERMIT
Dale ( Ju\~ 13 j ;lb )~
Number of People __ n ...... J.,,;......v\) __ Music: Yes \[, _I......_____ Time of Day: from i ~ ()1) A--: h'\
No
Type of Parade/Event Stree~ Clpsure __________________ _ \ 0·0~ lL -l l b Y?I\✓~ rvc~
Dated: i · \ · J)-
For City of Hollister Use only
Approved by City Council at regular meeting of _______ _ Do cuSigned by:

Cnsn/JJA, {Jwlt,s
63F3F736895B4E5.

DocuSign Envelope ID: 756C7A1C-0B70-4550-8699-566D75260949 A.6.a
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~ . \ I /) RELEAi3E AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT 1 1'li d/. ii rP ,, If_.. . '"f'-)
,. I) ; I U I · \ i..-tU I ( , its employees, agents , officers, representatives, contractors, heirs and a sign s, (collectively "Ap pl icant "}, hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers , agents, or contractors , (collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:
0 0
f
D
Block Party
Parade
Public Event
Banner/Sign
Other -----------
("the Activity0
). This RELEASE is intend ed to discharge the City in advance from any and all liability arising out of or connected i n any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

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

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

Notwithstanding the foregoing, nothing herein shall be construed to ~qui[e Applicant to indemnify the City from any 9la im arising from the sole negligence or willful misconduct o~tpe ity. _ ,:

Lf . 11 _ /Jr---r r?' ~✓/~7/c~
• , I V \ \\ ?--//{_,,, '(,
DATE -A~P~~t~rE~eA~N~.T~:...,_/~-~\--=--==-------
\ ' ,____.,1

DocuSign Envelope ID: 756C7A1C-0B70-4550-8699-566D75260949 Road closure to be adequate to stop vehicles or have personnel at the intersections to monitor. Personnel should have radios to communicate with each other and report dangerous situations or unauthorized vehicles.

Comments from Fire, if needed (re: Street Closure) -
Please get us copy of final map to get to staff on duty.

Comments from Engineering, if needed (re: Street Closure) - Comments from Public Works, if needed (re: Street Closure) - Comments from Planning, if needed (re: Street Closure) - A.6.a
Packet Pg. 149
Plea e use thi page for any additional information you may need to provide. □
□
□
□
Publi c Ass embly Permi t Page 7 of9 --------

2022 Fun Run Map
Comments from Engineering – please include in staff report and reso

DocuSign Envelope ID: 756C7A1C-0B70-4550-8699-566D75260949 A.6.a
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~g;i En•lelcpe ID: 2!!"7IBID6-0C52-4&\E-B SElf'-.lOOl1311CS ED19 'i'
Detour owards Sal ly _Eni:s ff'
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DocuSign Envelope ID : 756C7A1C-0 870-4550-8699-566O75260949 ANTICJPA'IF:D RElURN PERMIT
.ATIVIDEES "11HJN
1000 + 60 days
0 -1 000 45 + days

CITY OF HOLLISTER
EVE T:

LOCATIO
Date Received L.j ft,,,,. / t7 _ ~
By City Clerk~
Please complete the permit application and return to the City Clerk within the prescribed time period referenced above. Should you need further space to respond to these questions please use page 7 or attach your responses to this application. Please attach Certificate of Insurance to this application.

1. Applicant
Address

2. Sponsoring group(s):

Name -·-.. Address
Public As-scmbly Permit
Phone
~= );J -1'71 --l3I
email :
h:
w:
email:

Phone
h:
w:
email:
h:
w:
email:
-----•-
Page I or9
/

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Docu S ign Env elope ID : 756 C7A1C-0 B7 0-4 550-8699-566D75260949 3 . The person in charge of the E ent:
~ 2 .
4 . Will monitors or security personnel be employed
during the event ?
Address
YES If yes , please list belo
Phone
h:
w:
h:

5. Emergency contact other than the person in charge of the Event):
6 . If pri ate property, please list all property owners:

N ame Address Phone
\V A h:
w:
h:
w:

Pu blic Assembly Permit Page 2 of9

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DocuSign Envelope ID : 756C7 A 1 C-0B70-4550-8699-566O75260949

7. Please describe the nature of the event:
flv1.,~ ;
c3\Yids t · ~ Q

8. Date and time of the Event:

I Start Time~ ~ ~o I Finish Time:/ o.· ?JO

9. Please describe the location of the Event, including its boundaries: Ou/ vYl4f2 l\:ill\t \ru rtl

10. Estimated number ofparticipants: __ 1:IBJ __ •_"_, __ _

11. Please describe the number of vehicles, animals and/or structures that will be used in the E vent:

Items Number Describe
Vehicles
Animals
Structures
Other
Public Assembly Pmnit Page 3 of9

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DocuSign Envelope ID: 756C7 A 1 C-0870-4550-8699-566O75260949

12. Please provide a brief description of any sound amplification equipment and illumination to be used at the E ent:

Item umber of Units T Location
Soun Amplification
t\
Illumination
Other
13 . Please provide a brief description of any construction of signs or banners to be used for th E ent:
umber Materials Location
Banner
Signs

14. re there parking requirements for the Event: 0
Please de cribe: 11 htv \': fil yr\,~\ I~ ~~fO

15. Will you provide water stations
Will you provide first aid?
Location(s): ~L~ ,~ l\J\.;i
Will you provide comfort stations
(portable restroom )
s)
'1tv1tm ct\
YES
0 If yes, how many? __ 't-__
0 lfyes ho many? \
121\A\,ii~ C ~j,t
If yes, how many? ___ _
Location(s): __________________________ _
Pub lic ernbly Permit Pagc 4 of9

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DocuSign Envelope ID: 756C7A1C-0B70-4550-8699-566D75260949 16 . Will there be vendors at the E ent? 0 If yes how many? __ ~;;___- Please describe :

T umber Business License
Food VJ
Drinks
Other
l 7. Please list any and all government agencies requiring a permit for the E ent:

Permit Descri
ADDITTO AL INFORMATIO (PARADES):

Parade assembly will begin to assemble at: ______________ _

3. 4 . Interval space to be maintained between
5 . umber of Floats: -----
Public Assembly Pmnit Page 5 of9

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DocuS ign Envelope ID : 756C7A1C-OB 70-4550-8699-566O75260949 Please use this page for any additional information you may need to pro ide. □
□
Public Assembly Permit Page 7 of9

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DocuS 1gn Envelope ID: 756C7 A 1 C-0B70-4550-8699-566O75260949

RELEASE AND WAIVER OF LIABILITY AND IN DEMNITY AGREEMENT .,...--............... +---------' its employees, agents, officers, representatives, contractors, heirs and assigns, (collectively "Applicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents, or contractors, (collectively "City"), for death, personal inj ury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the :
□ Block Party
D Parade
,( Public Event
□ Banner/Sign
0 Other
("the Activity"). This RELEASE is i ntended to discharge the City In advance from any and aJI liability arising out of or connected In any way with the Activity, even though that llabillty may arise out of negligence or carelessness on the part of the City.

It is further understood and agreed that this WAIVER , RELEASE AND ASSUMPTION OF R ISK is to be binding on Applicant, and such individu als or entiti es comprising App li ca nt, and Appl icant will make no claim aga inst , sue , attach the property of, or prosecute the City for injury or damage or economic loss resulting from the negligence or other acts or om issions , howsoever caused , of City , as a result of Applicant's participation in , or City's authorizatio n of the Act ivity , or any other act or om iss ion of City relatin g to the Activity.

Applicant sha ll INDEMNIFY, RELEASE AND HOLD HARMLESS the City from:
(a ) Any and a ll cl aim s , dem ands , causes of action , damages , costs , expenses , losses , or liabilities , in law or in equity, of ev ery kind and nature whatsoever , for , but not limited to , injury to or death of any person including Applicant , and damages to or destruction of any property of City or Appl ican t, or any econom ic loss suffered by Applicant, arising out or of in any manner directly or indirectly connected with the Activi ty, however caused and regardless of whether or not caused in part by the City. (b} Any and an damages , costs , expenses , or penalties , imposed on account of the vi olation of any govemmental law or regulation , compli ance with wh ich is th e respons ibility of Appl icant Applicant shall , at its own cost, expense and ri sk , defend all suits , actions , or other lega l proceedings of every k ind that may be brought or instituted by th ird persons aga inst the City, rela ti ng to the Activity, or to enforce any penalty relating to the Activity. Applicant shall pay and satisfy any j udgmen t, award , decree or penalty assessment that m ay be rend ered aga inst City, in any su ch suit , action or other legal proceedings. App licant sha ll r eim burse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcin g this Agreement
Notwithstanding the foregoing , nothing herein sha ll be construed to require Appl icant to ind emn ify the C ity from any claim aris ing from the sole negligence or willful sco nduct of the C ity. 2 11-~1-
DATE
Public Assembly Penni1 Page of9

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DocuSign Envelope ID : 756C7A1C-0B70-4550-8699-566D75260949 Fi nist:l
COH 150th Family
r, R n
-
n
:::r
ii

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DocuSign Envelope ID: 756C7A1C-0870-4 55 0-8699-566O75260949 Armando Medina
City of Hollister
armando.med1na@ hollister.ca.gov
Dear Armando,
S'VE;UC
p osal
Date 3/16/2022
Expiration Date 4l30'2022
,_______,I I
We are pleased to submit the following proposal for the July 23 rd run. We look forward to discussing this with you further. fts you review this please do not hesitate to contact us with any questions.

This proposal states specific services that SVE, LLC f'SVE nmingj will provide.

Event Name: Holl ister Fun Run Celebrating 150 years
Event Date/Time: July 23, 2022
Event Location: Hollister, CA
Event Type: Run
Timing Points: Start/Rn ish line
SVE Timing will provide the following services:
• Hold reg ular telephone conference calls with your team to review race plans. • Provide guidance as necessary regarding race logistics . ■ Place timing chips on bibs and deliver bibs to promoter. • Arrive before the event for a walk through.
■ Set up our timing systems and provide staffing to run the systems on race day . • Supply a redundant finish line timing system to ensure maximum chip timing success. • Provide a race dock at the finish line, to be placed in a position dictated by your staff. ■ Provide camera video system.
• Provide generator for all equipment suppfied by SVE.
■ Provide printed results at the completion of the race and throughout the race as requested. • Post full searchable race results with Facebook integration to our website ( www.svetiming.com) live during the event.
• SVE bibs are Included for free. custom bibs will be billed at cost.

Page I 1
SVE, LLCI 389 Magladry CT I Hollister, CA 95023 1 831.313.3038 I Cel 408.687.7504 •nInformati on, Pricing and Availability are subject to change until thi s agreement i s signed and payment is received.

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DocuS ign E nvelope ID: 756C7 A 1 C-0B70-4550-8699-566D75260949 ~UC.

Race promoter will provide the following:
• Workers need to be kept back beyond the backup line. About 20 ft from the finish. • Meet with our team the day we arrive to review final race setup and logistics. • Provide all volunteers needed for packet pickup (if required). s I
Date 3/16/2022
Expiration Date 4/30r'2022
• Provide access to the registration system by marking SVE as the timer, 20 days before the event. • Ensure that our trucks or trailers can park within 100 feet of timing points so we can setup our equipment. • Ensure that we have a minimum ot 1 hour to break down our equipment and pack up.

Fees for Services:
1 1
RJN RUN -Sk run -minimum charge
Inflatable arch and finish sound at finish
Racedock
Bib setup
All bibs neatly organized with check in lists. They will arrive before your scheduled packet pickup.
**Racer Fee will be billed based on actual bibs prepared with chips as requested by race promoter Page I 2
SVE, LLCI 389 Magladry CT I Hollister, CA 95023 I 831.313.3038 I Cell 408.687 .7504 1000.00
INC
INC
Inc
Total:
1000.00
INC
INC
Inc
$1000.00
•0 1nformation, Pricing and Availability are subject to change until this agreement is signed and payment is received .

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DocuS ign Envelope ID : 756C7A1C-0B70-4550-8699-566D75260949 SYE;UC.

Payment:

Date 3/16/2022
Eiq:iiration Date 4l30l2022
"!Je will hold your date open for 30 days from the date of this proposal (unless we hear otherwise from you). Once we receive your rntent to use our services, we will place you on the calendar. That, along with this signed contract, must be received within 15 days of your notification of intent to use our services. In the event of a cancellation within 30 days of the event date, promoter will be responsible for the minimum fee of $1000. In the event of a cancellation within 14 days of the event date, promoter will be responsible for the minimum fee of 50% of the quoted amount. If bibs have been tagged per the director request the due amount is 75% of the quoted amo unt In the event of a cancel lation within 5 days of the event date, promoter wiU be responsible for the minimum fee of 85% of the quoted amount. If the event is rescheduled and SVE is avai lable to time the event, the minimum fee will remain for the rescheduled date. You will be invoiced the Monday following the event.

The invoice is due within 7 days. We accept credit cards (2.5% fee added) and electronic checks . see options below.

Payment Options -Please check one:
0 Check here if you wi sh to pay 50% up front and Net30 on the ba lance . 0 Check here if you wish to have zero down, payment is due with in 7 days of th e invoice. A penalty of 2% will be as sessed each 7 days the payment is late .

Insurance and Indemnity: You represent that you will have in place a policy of liability insurance for the conduct of the race and are the event producer. SVE, LLC carries its own liability insurance, but is not to be used to cover your eve nt, vendors, employees, contractors, participants, or spectators.

Disclaimer of Warranty: Chip timing of race participants is not an exact science. While we will do everything possible to provide accurate and reliable timing services, th ere are a number of issues that can occur outside of our control that could im pact th e number of participants who receive timing results. Thus, you expressly acknowledge and agree that use of its services is at your so le ri sk and that the entire risk as to satisfactory quality, performance, accuracy, and effort i s with you. To the maximum extent permitted by applicable law, sve services are provided "as is 0 , with all faults and without warranty of any kind, and sve hereby disclaims all warranties and conditions with respect to the sve services, either express, implied, or statutory, induding, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a partiru lar purpose, of accuracy, or of enjoyment No oral or written information or advice given by sve or a sve representative shall create a warranty. You fully acknow ledge that the sve services may not result in reading all timing chips. In addition, while not likely, its system could fail at any time and you agree to accept all responsibility and liability in the event that tim ing infonnation is not gathered, is lost, or is inaccurately reported.

Limitation of Uability: To the fullest extent permissible by law, in no event shall SVE, LLC be liable for personal injury, or any incidental, specia l, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, corruption or loss of data , business Interruption or any other commercial damages or losses, arising out of or related to your use or in ability to use the SVE , UC services, however caused , regardless of the theory of liability ( contract, tort or otherwise) and even if SVE, LLC has been advised of the possibility of such damages. In no event sha ll SVE's tota l liability to you for all damages exceed the amount of one -hundred dollars ($100.00).

Page I 3
SVE, LLC I 389 Magladry CT I Hollister, CA 95023 I 83L313.3038 I Cell 408.687.7504 •••information, Pricing and Ava ilability are subject to change until this agreement is signed and payment is received .

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DocuS ign Enve lope ID : 756C7A 1C-0B70-4550-8699-566D75260949 VE
SVE;UC
Date 3/16/2022
Expiration Oats 4/30'2022
Misc.ellaneous: This Agreement shall in all respects be governed by and construed according to the laws of the State of (alifomia, without regard to conflict of law's provisions. Exdusive venue for any action arising from or related to this Agreement shall be brought exdusively in a Superior Court of San Benito, California and all parties hereby submit to the personal jurisdiction of such courts. You may not assign your undertakings, obligations or benefits under this Agreement to any person or entity without the express, advance written consent of SVE. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any provision hereof. This agreement, and the attachments thereto, constiMes the full and final agreement among the parties hereto with respect to the subject matter hereof, and this Agreement may not be modified or amended except by a written instrument signed by each of the parties. In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remainder of this Agreement sha ll rematn valid and enforcea~ as though such term were absent upon the date of its execution. The parties understand that the headings conta ined within this Agreement are induded for purposes of convenience only and shall not in any manner limit or define any of the rights, responsibilities, duties or liabilities of any party, and shall not affect the construction or interpretation of any other provision of this Agreement This Agreement may be signed in counterparts but shall not be effective until a counterpart copy is signed by all parties. All such counterparts shall constitute one and the same instrument. Each party represents and warrants that the party has taken all necessary steps to authorize the party to enter and be bound by this Agreement and that the person executing this Agreement on behalf of a party has authority to do so.

This Agreement must be accepted no later than April 30, 2022, at which time SVE withdraws its offer and will no longer hold the date for your event
IN WITNESS WHEREOF, the parties
d book our service, sign here and retum:
3 · I lo· ;)C/l
Greg Richards, SVE, LLC. Date 3-16-2022

Page 14 ends

SVE , LLCI 389 Magladry er I Hollister, CA 950231 831.313.3038 I Cefl 408.687.7504 •••information. Pricing and Availability are subjKt to change until this agreement is signed and payment is received.

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DocuSign Envelope ID: 756C7A1C-0B70-4550-8699-566D75260949 Plea e u e thi page for any additional information ou ma need to pro\·id .

D Comments from Engineering, if needed (re: Public Assembly) - □
D comments from Planning, if needed (re: Public Assembly) □
Page .,,-q

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D ocu Sig n E nvelope ID : 756C7 A 1 C -0 870-4550-8699-566O7526 0 949 Docu Sign Envelope ID : 267587DB-OC52-46AE-B9BF-3D6080C5ED19 Hol l ister Recreation Fun Run & 150th celebration Saturday, July 23, 2022

CITY USE ONL
APPLICA TIO~ IS:
(xJ PPRO ED
0 DENLED
□ RETUR ED 4/9/2022
. _ Pl ease work with Pub li c orks to i nsure roadways are completely closed E, planat,o n .with b~rrier, wbaR raqYirad ~Rd &tay clesed, M8Ai tered by per,e""el. 0 THIS PER.t\11T REQUIRES FURTHER fN FORM TI01
Explanation:. _____________________________ _
0 THIS PER..?..ArT REQUIRES TH E FOLLO~ ING CO . DITIO ·s:

FURTHER APPROVAL BY:
4/9/2022
□--------=-==-=--=-=-=:-:::::==
~
DE~t,M . T SER VI CES DIRECTOR
D~~s
~'M°E T SERVICES DIRECTOR
4/11 /2022
Pu lie . :m I~ Pmr.i1 ~=!Mi')
9CC 504EF775 1438 ...

Acting Planning Director
OocuSigned by:
□ lrisf.it.k. (;w~
63F3F736895 B4E 5.:5TH ER
Associate Engineer
4/25 /2022
4/14 /2022
p t,.,f

2022 Fun Run Map
Comments from Engineering – please include in staff report and reso

"EXHIBIT A"A.6.c
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~g;i En•lelcpe ID: 2!!"7IBID6-0C52-4&\E-B SElf'-.lOOl1311CS ED19 'i'
Detour owards Sal ly _Eni:s ff'
S et a d 'llei:.t Stree ____...-
CO IH 1 SO,th Fami l1y
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Mark Falgout, Acting City
Engineer
CONTACT: Cristian Builes, Assistant Engineer
831-636-4340

TITLE OF ITEM: RESOLUTION NO. 2022-71, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE INITIATION

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93 - 1 AND ORDER THE CITY

ENGINEER TO PREPARE AND FILE THE REQUIRED SPECIAL DISTRICT REPORT

BRIEF DESCRIPTION: Consider approval of the initiation proceedings for the Levy and Collection of the Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required Special District Report for Fiscal Year 2022/2023.

RECOMMENDATION: Adopt Resolution of the City Council of the City of Hollister approving the initiation proceedings for the Levy and Collection of the Annual Assessment for Landscape and Lighting District No. 93-1

DEPARTMENT SUMMARY: The City Council ordered the formation, levy and collection of assessments of the Landscaping and Lighting District pursuant to the provisions of the Landscaping and Lighting Act of 1972 per Resolution 93-111. Each year the annual renewal proceedings must be initiated by resolution for District 93-1. This action will initiate the Resolution for the Fiscal Year 2022/2023.

Since there no increase in the assessment to the properties within the assessment district, the renewal process requires publishing of the Resolution of Intention by the City Clerk pursuant to section 6061 of the Government Code. The Resolution of intention shall specify the public hearing date, time and place to be administered by the City Council.

Currently, staff is collecting the required data for the preparation of the Engineers Report, Collection Roll, Boundary Diagram and Budget to complete the districts renewal process within the time period prescribed by State Law.

FINANCIAL IMPACT: Budget reflects anticipated revenue of $223,669.25

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

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

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Brett Miller, City Manager

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RESOLUTION NO. 2022-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE INITIATION PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93 - 1 AND ORDER THE CITY ENGINEER TO PREPARE AND FILE THE REQUIRED

SPECIAL DISTRICT REPORT

WHEREAS, on May 17, 1993, the City Council of the City of Hollister adopted Resolution No. 93 - 81 which declared its intention to form, levy and collection of assessments against parcels of land within the boundary of Landscape and Lighting District 93 -1 (District) to pay for the costs and expenses of operating, maintaining and servicing landscaping and lighting located within the public right-of-way, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 ( Act); and

WHEREAS, on July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the District pursuant to the Act; and

WHEREAS, new land development has complied with the conditions to install improvements and provide lighting and landscape facilities within public rights-of-way and post energy and maintenance bonds for such operation and service of such facilities and plantings; and

WHEREAS, some subdivisions, but not all, have as a condition upon their subdivision map, the requirement to form and/or irrevocable waive protest and submit their respective lots and/or parcels into a special landscape and lighting district; and

WHEREAS, subdivisions which have previously installed, energized and maintained lighting and landscaping areas have since had maintenance bonds released and those specific services and maintenance areas are now part of the City operation and maintenance program; and

WHEREAS, the costs of operation and maintenance of landscaping and lighting improvements for both development, now conditioned, and development recently included within the City program consist, or will consist, of the same tasks, services and maintenance as provided by City staff, and energy cost as these obligations are received into the City operation and maintenance program; and

WHEREAS, the costs of operation and maintenance of landscaping and lighting improvements to new developments is substantially different from and greater than the cost of operation and maintenance of landscape and lighting improvements located elsewhere within the City; and

WHEREAS, the benefits received by owners of property within new developments are substantially different from the benefits received by owners of other property outside of the new development areas; and

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WHEREAS, the Act provides proceedings and requirements to levy and collect annual assessments of the District; and

WHEREAS, it is the desire of the City Council to initiate the proceedings to levy and collect the annual assessments for the District pursuant to the Act;

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

SECTION 1
The annual levy and collection of assessments against parcels of land within the District for Fiscal Year 2022 / 2023 is proposed.

SECTION 2
The operation, maintenance and services proposed to be included are those installed or to be installed within the public rights - of - way and easements, and generally consists of, but are not limited to, maintenance personnel, equipment, energy cost and related administration costs associated with the care and upkeep of perimeter sound wall landscaping, street trees, appurtenant irrigation systems and street improvements, bio retention pond, street lighting energy costs and facility maintenance and replacement.

SECTION 3
The City Engineer is hereby ordered to prepare and file a report in accordance with the Act.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-71, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 20, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Mark Falgout, Acting City
Engineer
CONTACT: Cristian Builes, Assistant Engineer
831-636-4340

TITLE OF ITEM: RESOLUTION NO. 2022-72, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE SUBDIVISION

IMPROVEMENT AGREEMENT AND FINAL MAP FOR THE WEST OF FAIRVIEW PHASE 2 SUBDIVISION, TRACT NO. 303 AND AUTHORIZING EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH KB HOMES SOUTHBAY, INC.

BRIEF DESCRIPTION: This item will approve the Subdivision Improvement Agreement and Final Map for the West of Fairview Phase 2 Subdivision, a conditionally approved residential development consisting of 198 single family residential units and authorize the execution of the agreement for the improvement of associated infrastructure requirements.

RECOMMENDATION: Staff recommends City Council ADOPT a Resolution approving the Subdivision Improvement Agreement and Final Map for the West of Fairview Phase 2 Subdivision, Tract No. 303, and authorizing execution of the agreement for the improvement with KB Homes Southbay, Inc.

DEPARTMENT SUMMARY: The West of Fairview Subdivision is a conditionally approved development for the purpose of constructing 517 single family residential units, 60 garden homes and 100 apartments, Phase 2 of the project consists of 198 single family homes including 60 cluster homes and 33 BMR. The development is located west of Fairview Road, the interior roads of the development are public, and include public infrastructure such as water, sewer and storm drain. A Subdivision Improvement Agreement has been prepared to ensure the completion of the public improvements for this subdivision.

The Final Map has been reviewed by staff and was found to be substantially complete, and in substantial conformance with the approved Tentative Map. The Tentative Map was approved by the City of Hollister Planning Commission on June 27, 2007, per Resolution PC 2007-16. There were no appeals by either the applicant, or other interested parties.

Section 66474.1 of the Subdivision Map Act states that “A legislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the proposed subdivision and if it finds that the final or parcel map is in substantial compliance with the previously approved tentative map”.

As such, staff recommends approval of the Subdivision Improvement Agreement and Final Map.

FINANCIAL IMPACT: Engineering & Inspection Fees and Map Checking Fees will be collected prior to recordation of the final map. Additional impact fees will be collected at A.8
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the time of Building Permit issuance or final occupancy for each property wi thin the subdivision.

CEQA: CEQA exempt

ATTACHMENTS:

1. Signed SIA & MOA West of Fairview Phase 2

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT AND FINAL MAP FOR THE WEST OF FAIRVIEW PHASE 2 SUBDIVISION, TRACT NO. 303 AND

AUTHORIZING EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENT WITH KB HOMES SOUTHBAY, INC.

WHEREAS, the Planning Commission held a public hearing on June 27, 2007, to consider the West of Fairview Subdivision (Tentative Map), receive written and oral testimony for and against the proposal approving the tentative map; and

WHEREAS, no appeals were filed during the appeal period; and

WHEREAS, the Phase 2 Final Map is technically correct; and

WHEREAS, the City Engineer/Surveyor finds that the Phase 2 Final Map is in substantial conformance with the Tentative Map and any approved alterations th ereof and that all provisions of the Subdivision Map Act and the City of Hollister’s Municipal Code Section 16.40 for Final Maps applicable at the time of the approval of the Tentative Map have been complied with, which are included within the Subdivision Improvement Agreement; and

WHEREAS, KB Homes Southbay, Inc., must enter into an improvement agreement with the City prior to the map recording to ensure completion of the improvements required by the Tentative Map

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the Subdivision Improvement Agreement for the improvement of West of Fairview Phase 2 Subdivision, Tract No. 303, and the Final Map, and authorizes and directs the City Manager, for and on behalf of the City of Hollister and as its act and deed, to execute the Subdivision Improvement Agreement for the improvements.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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 ce rtify that the attached Resolution No. 2022-72, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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RECORDING REQU EST ED BY
AND WH EN RECORD ED MAIL To :

CITY OF HOLLISTER
375 Fifth Street
Hollister, California 95023
Attention: City Clerk
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(Spa ce A bove This Lin e for Reco rder 's Use Only)
Exe mp t fr o m recording fee per Gov. C ode §
27383 .

SUBDIVISION IMPROVEMENT AGREEMENT
THrS SUBDIVISION IMPROVEMENT AGREEMENT (the "Agreement") is made and entered into on this 2 nd day of May , 2022 (the "Effective Date") by and between KB Homes Southbay, Inc. ("Developer"), and the CTTY OF HOLLISTER, a California municipal corporation ("City") (collectively, the "Parties").

RECITALS
A. The West of Fairview Phase 2 Subdivision is located west of Fairview Road, in the City of Hollister, San Benito County, California , and identified by San Benito County Assessor Parcel Number 057-710-009-000 (Affects this and other properties), 057-710-0 l 0-000 (Affects this and other properties) and 057-710-004-000 (Affects this and other properties), as more particularly described in Exhibit A , attached hereto and incorporated herein by this reference (the "Property"). Developer has submitted an application to the City for the development of a Subdivision Map , (West of Fairview Phase 2) consisting of 198 single -family residential units including 60 cluster homes as more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Project").

B . The Project is subject to the approved specific plan , all mitigation measures , conditions of approval , and requirements set forth in paragraphs C , D , E , F, G and H herein below ("Conditions ") adopted by Resolutions of the City Council and Planning Commission of the City of Hollister for the development of the Project.

C. On October 12 , 2000 the City of Hollister City Council adopted Ordinance No . 951 approving a Development Agreement between the City of Hollister and Award Homes Inc ., also known as the West of Fairview, subject to certain conditions .

D. On May 3 , 2004 the City of Hollister enters into a Mutual Release and Settlement Agreement with Award Homes Inc., subject to certain conditions.

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E . On June 27, 2007 the Planning Commission of the City of Hollister adopted Resolution No. PC 2007-16 , approving Tentative Map No . 2005-1 , prepared by Mackay & Somps Civil Engineers., Inc. for the West of Fairview project, subject to certain conditions of approval.

F. On February 23 , 2012 the City of Hollister City Council adopted Resolution No. PC 2012-8 , approving an amendment to the Development Agreement between the City of Hollister and the development Know as West o f F airview.

G. The Conditions require either (1) that certain improvements be constructed prior to approval of the final map , or (2) that Developer enter into an agreement with the City providing for the future construction of such improvements.

H. On May 17, 2021 the City of Hollis ter City Council adopted Ordinance No . 1201 , approving the second amendment to the Development Agreement between the City of Hollister and the development Know as West of Fairview.

I. The developer has submitted plans , specifications and drawings for the improvements entitled "Improvement Plans Tract No . 303 Phase 2, West of Fairview, prepared by Mackay & Somps Civil Engineers ., lnc. (the "Improvement Plans"), which Improvement Plans ha ve been approved by the City Engineer. The original Improvements Plans are on file in the City of Hollister Development Services Department Engineering Division , and are incorporated herein by this reference.

J. The City and Developer desire to enter an agreement providing for the construction and installation of the improvements in accordance with the Phase 2 Improvement Plans.

AGREEMENT
NOW, THEREFORE, in consideration of the faithful performance of the te rms and conditions set fo1th in this Agreement, the parties hereto agree as follows :
l. Purpose. The purpose o f this Agreement is to guarantee completion of West of Fairview Phase No 2 improvements in accordance with the Improvement Plans and ensure satisfactory performance by the Developer of Developer's obligations.

2. Duty to Install Improvements. Developer will construct, install and complete, or cause to be constructed , installed and completed , at the Developers sole cost and expense , all improvements required by the Conditions and /or described in the Phase 2 Improvement Plans (the "Improvements"), in accordance with such plans , all applicable federal , state and local laws , regulations and standards, including without limitation State o f California Division of Industrial Safet y Constrnction Orders , and to the satisfaction of th e City Engineer in his or her reasonable discretion. Developer will also supply all labor and materials therefor, al I in strict accordance with the terms and conditions of this Agreement. The construction , installation and completion of the Improvements and all labor and materials furnished in connection therewith are hereinafter referred to collectively as the "Work."

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3. Duty to Maintain Improvements. City shall not be responsible or liable for the maintenance or care of the Improvements until City formally approves and accepts them in accordance with its policies and procedures. City shall exercise no control over the Improvements until approved and accepted. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City's acceptance of the Improvements . Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by City.

Maintenance shall include, but shall not be limited to, repair of pavement, curbs , gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining in good and safe condition all streets and street improvements. It shall be Developer's responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. lf Developer fails to properly prosecute its maintenance obligation under this Section 3, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance. Notwithstanding the above , Developer shall make available for public use any streets, curbs, gutters , sidewalks or walkways , streetlights, street furniture, storm drain improvements, fire hydrants , and any other facilities intended for general public use , which are installed, altered or affected by the Work, as soon as they can be safely placed in service.

4. Commencement and Completion Date. Developer will notify City in writing at least 24 hours prior to the commencement of the Work. Developer will complete the Work within eighteen (18) months of the Effective Date. All Work will be completed in a good and workmanlike manner in accordance with accepted design and construction practices. This completion date may be extended by the City Engineer in consultation with the City Attorney in its sole and absolute discretion at the request of Developer, which request shall be accompanied by a written assurance acceptable to the City Attorney that the securities required by Section 14 shall remain enforceable throughout the term of the extension.

5. Estimated Cost of Work. The estimated cost of the Work is Nine Million Ninety Thousand Three Hundred Twelve dollars 00/100 ($9,090,312). Notwithstanding this estimate , Developer hereby acknowledges and agrees that (a) the actual costs to complete the Work may significantly exceed this estimate, (b) this estimate in no way limits Developer's financial obligation , and (c) that Developer is obligated to complete the Work at its own cost, expense, and liability. The estimated cost of the work is attached hereto as Exhibit Band incorporated by this reference.

6. Modifications to the Plans . Approval of this Agreement by City does not release Developer of its responsibility to correct mistakes , errors or omissions in the Improvement Plans .

If, at any time , in the opinion of the City Engineer, in his or her reasonable discretion, the Improvement Plans are deemed inadequate in any respect Developer agrees to make such modifications, changes or revisions as necessary in order to complete the Work in a good and workmanlike manner in accordance with this Agreement.

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7. Repairs. Developer agrees to repair or have repaired in a timely manner at its sole cost and expense all public or private prope1ty damaged as a result of or incidental to the Work or in connection with the development of the Property or to pay to the property owner of any property the full cost of such repair. In addition, Developer shall obtain the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer has paid the full cost of such repair in accordance with this Section 7 . City shall be under no obligation whatsoever to approve or accept the Work completed under this Agreement until such time as all repairs have been completed or have been paid for and required written acceptances have been provided to the City Engineer.

8. Foreman or Superintendent. Developer shall give personal attention to the Work.

A competent foreman or superintendent, satisfactory to the City Engineer, in his or her reasonable discretion, with authority to act for and on behalf of Developer, shall be named in writing by Developer prior to commencement of the Work, shall be present on the Property during the performance of the Work and may not be changed without advance notification to and approval of the City Engineer. Developer shal I provide the City with emergency contact information for the foreman or superintendent prior to commencement of the Work.

9. Examination of Work. All of the Work shall be performed to the satisfaction of the City Engineer in his or her reasonable discretion. The City and its authorized agents shall, at all times during the performance of the Work, have free access to the Work and shall be allowed to examine the Work and all materials used and to be used in the Work. No Work shall be performed without inspection by City. Any Work performed without inspection is subject to rejection by City. All Work shall be performed during the City's normal working hours and work days. If any Work is planned to be performed during non-working hours or work days , there must be a request made in writing to City at least sixty-four (64) hours in advance. If an inspector is available, Developer shall pay the actual costs for overtime work as provided in Section IO below. If an inspector is not available, no Work shall be performed.

10. City Improvement Plan Review. Inspection. Administration and Testing.

Developer shall pay to City the actual cost for all improvement plan review, inspection, administration and testing services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Engineering & Inspection Costs"). The estimated cost for City Engineering & Inspection Costs is Four Hundred Six Thousand Five Hundred Twelve dollars 00/100 ($406,512) (the "Estimated Engineering & Inspection Cost"). Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Engineering & Inspection Cost for the payment of the City Engineering & Inspection Costs. In the event that the Estimated Engineering & Inspection Cost is insufficient to cover the actual City Engineering & Inspection Costs incurred , Developer shall , upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Engineering & Inspection Costs. The estimated cost for the payment of the City Engineering & Inspection Costs is attached hereto as Exhibit C and incorporated by this reference

11. City Final Map Review. Developer shall pay to City the actual cost for all final map review services furnished by City in connection with this Agreement, including those performed by consultants under contract with the City (the "City Final Map Costs"). The estimated cost for City Final Map Costs is Four Thousand Seven Hundred Twenty dollars

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00/100 ($4,720) (the "Estimated Final Map Cost"). Concurrently with the execution of this Agreement, Developer shall pay to the City an amount equal to the Estimated Final Map Cost for the payment of the City Final Map Costs. In the event that the Estimated Final Map Cost is insufficient to cover the actual City Final Map Costs incurred, Developer shall, upon notice in writing by the City Engineer, pay to the City such additional amount as may be required to pay the City Final Map Costs. The estimated cost for the payment of the City Final Map Costs is attached hereto as Exhibit D and incorporated by this reference

12. Compliance with Laws. Developer shall fully comply with all federal, state and local laws, ordinances and regulations , including the Subdivision Ordinance, in the performance of this Agreement. Developer shall , at its own cost and expense, obtain all necessary permits and licenses for the Work, give all necessary notices, pay all fees and taxes required by law and make any and all deposits legally required by those public utilities that will serve the development on the Prope11y. Copies and/or proof of payment of said permits , licenses, notices , fee and tax payments and deposits shall be furnished to the City Engineer upon request.

13. Encroachment Permits. Developer shall obtain, at its sole cost and expense, any encroachment permits required by the City and County in order to perform the Work . Prior to excavating within the public right of way for connections to public utilities, Developer must provide to the City documentation satisfactory to the City Engineer that the providers of such utilities services have agreed to serve the Project.

14. Performance. Labor and Materials and Warranty Security. ln accordance with the Subdivision Ordinance and the Subdivision Map Act, Developer will furnish and deliver to City, within the times set forth below, the following surety bonds , each of which must be issued by a surety company duly and regularly authorized to do general surety business in the State of California, or such other surety as may be acceptable to the City Attorney in accordance with the Subdivision Ordinance.
14 .1 Performance Bond. Developer must provide a performance bond or security as described Section 16.24 .220 of the City of Hollister Municipal Code , to guarantee the construction or installation of the improvements, which the Parties estimate at Nine Million Ninety Thousand Three Hundred Twelve dollars 00/100 ($9,090,312), concurrently with the execution of this Agreement, which bond must meet the requirements of the City of Hollister Municipal Code Section 16.24.230 and Government Code Section 66499 . l , as may be amended, and be acceptable to the City Attorney. The bond shall be conditioned upon the faithful performance of this Agreement with respect to the Work and shall be released by the City effective upon the date of recordation of the notice of acceptance or final approval of the Improvements and Developer's delivery of a Warranty Bond , as described below, or as otherwise allowed by Government Code Section 66499.7. The estimate for the performance bond amount is attached hereto as Exhibit E and incorporated by this reference. 14 .2 Labor and Materials Bond. Pursuant to Section 16 .24.220 of the Hollister Municipal Code, Developer shall furnish and deliver a labor and materials surety bond in the amount of is Nine Million Ninety Thousand Three Hundred Twelve dollars 00/100 ($9,090,312), concurrently with the execution of this Agreement, which bond must meet the requirements of the Hollister Municipal Code Section 16.24.230 and Government Code Section 66499 .2, as may be amended , and be acceptable to the City Attorney . The bond shall secure

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payment to the contractor(s) and subcontractor(s) performing the Work and to all persons furnishing labor, materials or equipment to them. The City shall retain the bond until both (a) the City accepts or gives final approval to the Work, and (b) the statute of limitations to record a claim of lien under Civil Code section 8410 et seq . has expired. After said date , the bond may be reduced by the City Engineer to an amount not less than the total amount claimed by all claimants for whom claims of lien have been recorded and notice given in writing to the City Council. The balance of the bond shall be retained until the final settlement of all such claims and obligations . If no such claims have been recorded , the bond shall be released in full by the City Engineer. The estimate for the labor and materials bond amount is attached hereto as Exhibit F and incorporated by this reference.

15. Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have an updated engineer's estimate prepared, the City shall provide written notice to Developer. Developer shall provide such estimate within the timeframe set forth in the City's notice and shall make such modifications to the estimate as may be reasonably requested by City. Developer shall provide additional security as may be required by the updated engineer's estimate. If Developer is required to post additional security, the City may require either a cash deposit or a surety bond guaranteeing performance in a form and signed by sureties satisfactory to City. The condition of the security shall be that if Developer fails to perform its obligations under this Agreement, the City may, as applicable , use the proceeds or require the sureties to perform the obligations, of the Agreement.

16. No Waiver by City. inspecting of the work and/or materials, or approval ofwork and/or materials , or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work and/or materials, or payments thereof, or any combination of all of these acts shall not relieve Developer or its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

17. Completion of Work. After Developer (a) completes the Work in accordance with the Improvement Plans and the terms and conditions of this Agreement, and (b) repairs any private or public property damaged as a result of the Work , or pays the full cost of such repair to the owner whose property was damaged , and obtains the written acceptance of such repair or payment from any owner whose private property was repaired by Developer or to whom Developer paid the full cost of such repair in accordance with Section 7 above , Developer will provide City with a written notice of completion, together with copies of all written acceptances as described in Section 7. City, in its sole and absolute discretion, may accept or give final approval to the Work in phases and allow a partial release of the bonds provided under Section 14 above.

18. Final Acceptance.

18.1 Notice of Completion. Within fifteen ( 15) days o f receipt of Developer's written notification pursuant to Section 17 above, City Engineer shall inspect the Work and repairs and review the written acceptances, if any, and send Developer a written notice stating whether the Work and repair are complete to the satisfaction of the City Engineer, in his reasonable discretion , and whether the written acceptances described in Section 7 have been

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provided. If the Work and repair are, in the opinion of the City Engineer, not complete, not satisfactory, and/or written acceptances have not been provided, the City Engineer will list the deficiencies that must be corrected to find the Work and repair complete and satisfactory . Upon satisfactory completion of the Work and repair and submittal of written acceptances, the City Engineer will send Developer a written notice of satisfactory completion. The requirement for written acceptances may be waived by the City Engineer, in his reasonable discretion, if Developer has made commercially reasonable efforts to obtain such acceptances. City Engineer's failure to respond to Developer's written notification within fifteen (15) days will not be deemed a breach or default under this Agreement.

18.2 Acceptance of Improvements. After sending Developer a written notice of satisfactory completion pursuant to Section 18.1, the City Engineer will recommend acceptance of the Improvements within the public right of way, or designated for public use, to the City Council. The acceptance of those Improvements shall be by resolution. Upon adoption of such resolution , the City Engineer shall record a notice of acceptance, in a form to be approved by the City Attorney, in the Official Records of San Benito County. Title to, and ownership of, all Improvements constructed by Developer under this Agreement within the public right of way, or designated for public use, shall vest in City upon City's acceptance of such Improvements.

Acceptance of the Improvements by the City shall be deemed as final approval of the completed lmprovements that are not accepted for ownership by the City.

18.3 Acceptance of Dedications. In conjunction with the recommendation to accept the Improvements, the City Engineer will recommend the acceptance of any offers of dedication shown on the final map for , or separately recorded against, the Property ("Dedicated Property"). The Dedicated Property shall be conveyed free and clear of all liens, encumbrances, assessments and leases (recorded and unrecorded), except items approved by City in writing .

City may require Developer to obtain and pay for title insurance in connection with any such approvals of title exceptions .

18.4 Environmental Warranty.

A. As a condition precedent to acceptance of the dedications and public improvements to be conveyed by the Developer to the City of Hollister for the Prope11y, Developer hereby warrants to the City of Hollister that:
( 1) Neither the Property to be dedicated nor Developer are in violation of any environmental law, and neither the Prope11y to be dedicated nor the Developer are subject to any existing, pending or threatened investigation by any federal , state or local governmental authority under or in connection with any and all applicable environmental laws relating to the Property to be dedicated.
(2) Neither Developer nor any other person with Developer's permission to be upon the Property to be dedicated, shall use , generate, manufacture, produce, or release, on , under, or about the Property to be dedicated, any Hazardous Substances, except in compliance with all applicable environmental laws. For the purposes of this Agreement, the term "Hazardous Substances" shall mean any substance or material, which is capable of posing a risk of injury to health, safety or property , including all those materials and substances designated as hazardous or toxic by any federal, state or local law , ordinance, rule, regulation or policy, including but not limited to, all of those materials and substances defined as "Toxic Materials" in Sections 66680 through 66685 of Title 22 of the California Code of Regulations , Division 4 , Chapter 30, as the same shall be amended from time to time, or any other materials or substances requiring remediation under

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federal, state or local laws, ordinances , rules, regulations or policies. (3) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any Hazardous Substance on the Prope1ty to be dedicated or the migration of any Hazardous Substances from or to any other Property adjacent to , or in the vicinity of, the Property to be dedicated .
( 4) Developer prior and present use of the Prope1ty to be dedicated has not resulted in the release of any Hazardous Substances on the Property to be dedicated.

B. Developer shall give prompt written notice to City of:
(1) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any Hazardous Substances on the Property to be dedicated or the migration thereof from or to any other property adjacent to , or in the vicinity of, the Property to be dedicated;
(2) Any claims made or threatened by any third party against City or the Property to be dedicated relating to any loss or injury resulting from any Hazardous Substances ; and (3) Developer 's discovery of any occurrence or condition on any property adjoining or in the vicinity of th e Property to be dedicated that could cause the Property to be dedicated or any part thereof to be subject to any restrictions on it s ownership , occupancy , use for the purpose for which it is intended , transferability or suit under any environmental law . 19 . Reversion to Acreage. ff Developer fails to perform its obligations under this Agreement, Developer consents to the reversion to acreage of Property pursuant to Government Code section 66499.16 at Developer 's sole cost and expense .

20. Warranty Period.

20.1 Warranty: Repair and Reconstruction . Without limiting the foregoing, Developer expressly warrants and guarantees all Work and all mat e rials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the Improvements in accordance with Section 17. If, within this one-year period , any Improvement or part of any Improvement installed or constructed , or caused to be installed or constructed by Developer, or any of the Work , fails to fulfill any of the requirements of the Improvement Plans or this Agreement , Developer shall , without delay and without cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Work or Improvement to the satisfaction of the City Engineer. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the situation require repairs , replacements or reconstruction to be made before Developer can be notified , City may , at its option , make the necessary repairs , replacements or perform the necessary reconstruction and Developer shall pay to the City upon demand the actual cost of such repairs , replacements or reconstruction plus 25 percent.

20.2 Warranty Bond. Developer shall furnish and deliver a warranty bond in the amount often percent of the value of the Improvements upon acceptance and final approval of the Improvements and prior to release of the entirety of the Performance Bond. The bond shall be in a form acceptable to the City Attorney and shall guarantee and warranty the Work for a period of one year following the date of recordation of the notice of acceptance of the Improvements against any defective work or labor done , or defective materials furnished.

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21. Developer Not Agent of City. Neither Developer nor Developer 's contractors, subcontractors, agents, officers , or employees are agents , partners, joint ventures or employees of City and the Developer's relationship to the City, if any, arising herefrom is strictly that of an independent contractor. Developers contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Further, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

22. Indemnification . Developer agrees to indemnify, defend and hold the City, its elective and appointed boards, commissions, officers, agents , employees and consultants , harmless from and against any and all claims, liabilities, losses , damages , injuries , penalties , fines , judgments, awards, decrees , attorneys ' fees and related costs or expenses of any kind or nature (collectively, "Claims") arising out of this Agreement, including without limitation Developer 's , or Developer's contractors ', subcontractors ', agents ' or employees ', acts, omissions, or operations under this Agreement, and the performance of the Work, whether such acts , omissions , or operations are by Developer or any of Developer 's contractors, subcontractors , agents or employees . The aforementioned indemnity shall apply regardless of whether or not City has prepared , supplied or approved plans and/or specifications for the Work or Improvements and regardless of whether any insurance required under this Agreement is applicable to any Claims. The City does not and shall no t waive any of its rights under this indemnity provision because of its acceptance o f the bonds or insurance required under the provisions of this Agreement. Developer's obligation to indemnify City shall survive the expiration or termination of this Agreement.

23. Insurance. During the term of this Agreement, Developer shall maintain at its cost and expense the following insurance coverage against Claims , including Claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Work and the results of that Work by the Deve loper, its contract ors , agents , representatives , employees or subcontractors, with insurers with an A.M . Best's rating of no less than A : VII unless otherwise accepted by the City in writing.

23.1 Commercial General Liability (CGL). Developer shall provide or cause to be provided Insurance Services Office Form CG 00 0 I covering CG L on an "occurrence" basis , including products and completed operations, prope1ty damage , bodily injury and personal & adve1tising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to the Project and Property or the general aggregate limit shall be twice the required occurrence limit.

23.2 Automobile Liability Insurance. Developer shall provide or cause to be provided ISO Form Number CA 00 01 covering any auto (Code I), or if Developer has no owned autos, hired (Code 8), and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

23.3 Workers' Compensation Insurance. Developer shall provide, or cause to be provided, workers ' compensation insurance as required by law , and shall cause its contractors and their subcontractors , agents and representatives to maintain workers ' compensation insurance as required by the State of California, with statutory limits, and employer 's liability insurance with limit of no less than $1,000,000 per accident for bodily injury or disease . For services deemed public works , by signing this agreement, Developer is certifying, pursuant to

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Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement."

23.4 Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:

23.4.1 Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Developer's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available , through the addition of both CG 20 IO and CG 20 3 7 if a later edition is used).

23.4 .2 Primary Coverage. For any Claims related to this Agreement, the Developer's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it.

23.4.3 Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

23.4.4 Waiver of Subrogation. Developer hereby grants to City a waiver of any right to subrogation which any insurer of said Developer may acquire against the City by virtue of the payment of any loss under such insurance. Developer agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has recei ved a waiver of subrogation endorsement from the insurer.

23.4.5 Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. The City may require the Developer to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

23.5 Ce1tificate of Insurance and Endorsements. Developer shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this Section. All certificates and endorsements are to be received and approved by the City before the Work commences . However, failure to obtain the required documents prior to the commencement of the Work shall not waive the Developer 's obligation to provide them. The City reserves the right to require complete, ce1tified copies of all required insurance policies, including endorsements required by these specifications, at any time.

23.6 Developer 's Consultants and Contractors. Developer shall include all of their consultants and all prime contractors and subcontractors as insured under its polices or shall

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furnish separate ce1tificates and endorsements for each consultant and contractor. All coverages for consultants and contractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds. 23 .7 Higher Limits. If the Developer maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Developer. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

24. Payments. Developer agrees that it will pay, when due, all those furnishing labor or materials in connection with the Work. Developer further agrees that pursuant to Government Code section 66499.7 , the Labor and Materials Bond provided by Developer in accordance with Section 13.2 of this Agreement shall not be released if any mechanics liens or stop notices are outstanding, unless said liens are released by bond in compliance with Civil Code section 3143 .

25. Notice of Breach and Default. The occurrence of any of the following constitutes a breach and default of this Agreement:
(1) Developer refuses or fails to complete the Work within the time set forth herein or abandons the Work;
(2) Developer assigns the Agreement without the prior written consent of City ;
(3) Developer is adjudged bankrupt or makes a general assignment for the benefit of creditors, or a receiver is appointed in the event of Developer's insolvency;
(4) Developer or Developer 's consultants, contractors, subcontractors, agents or employees , fail to comply with any terms or conditions of this Agreement or
(5) There is any delay in the construction of any portion of the Work or repairs , which in the reasonable opinion of the City Engineer, endangers public or private property.

The City may serve written notice of breach and default upon Developer and the financial institution holding the bonds .

26. Breach of Agreement: Performance by City: Remedies. If the City gives Developer notice, under Section 25 , of breach and default of this Agreement, the City may pursue any and all remedies available , including but not limited to , bringing legal action to compel performance of the Work, holding the financial institutions that issued the bonds liable to complete the Work and/or for the cost of the Work and/or proceeding to complete the Work by contract or other method the City considers advisable, at t h e sole expense of Developer. Lf City completes the Work, Developer, immediately upon demand , shall pay the costs and charges related to the Work and any subsequent repairs . City, without liability for doing so , may take possession of and utilize in completing the Work and repairs , if any , such materials and other

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property belonging to Developer as may be on or about the Proper ty and necessary for completion of the work. In the event of default, the financia l institution holding the bonds shall be liable to City to pay the face amount of the bonds , as specified in this Agreement. As noted above, City may bring legal action to compel performance of this Agreement and recover the costs of completing the Work and/or repairs , if any, including City 's administrative and legal costs . Developer agrees that if legal action is brought by City under this Section of the Agreement, Developer shall pay all of the costs of suit, reasonable attorney fees , arbitration costs and such other costs as may be determined by the comt or arbitrator . No failure on the part of City to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that City may have hereunder.
27 . Erosion Control. Developer shall take all necessary actions during the Work t o prevent erosion damage and to prevent migration of soil or silt-or sediment-contaminated storm water run-off onto streets or other properties or into creeks , seasonal drainage courses or the pub! ic storm drain system. It is understood and agreed that in the event o f failure on the part of Developer to prevent erosion or soil migration or storm water contamination , City may implement any and all erosion or storm water protection and/or mitigation measures it determines to be necessary on an emergency basis and Develop e r shall , within thirty (30 ) days of receiving notice in writing from the City Engineer, reimburse City for all of City's actual expenses incmred (including administrative and/or legal expenses) in implementing such erosion protection and /or mitigation measures . If Developer fails to timely reimburse City, City may proceed against the Performance Bond described in Section 14.1 to coverall of City's actual expenses .

28. Final Drawings. Upon completion of the Work and prior to final acceptance and approval , Developer shall deliver to City a set o f "as-built" drawings. These drawings shall be in a form acceptable to the Ci t y Engineer, shall be certified as being "as-built" and shall reflect the Work as actually constructed , with any and all changes incorporate d therein. The drawings shall be signed and sealed as accurate by the engineer ofrecord .

29. Attorneys ' Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any prov is ion of this Agreement, the prevailing party shall be entitled to all costs o f suit, reasonable attorneys ' fees , arbitration costs and such other costs as may be determined by the court or arbitrato r.

30. Notices . Formal written notices , demands , correspondence and communications between City and Developer shall be sufficiently given if: (a) personally delivered ; (b) dispatched by next day delivery by a reputable carrier such as Federal Express to the offices of City, Developer indicated below, provided that a receipt for delivery is provided; or (c) if dispatched by first class mail , postage prepaid, to the offices of City, Developer indicated below. Such written notices, demands, correspondence and communications may be sent in the same manner to such persons and add resses as either patty may from time-to-time designate by next day delivery or by mail as provided in this Section.

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City:

Developer:

CITY OF HOLLISTER
375 Fifth Street,
Hollister, California 95023
Attention: City Engineer
KB Homes South bay Inc.
5000 Executive Parkway, Suite 125
San Ramon, CA 94583
Attention: Jeff McMullen
Notices delivered by deposit in the United States mail as provided above shall be deemed to have been served two (2) business days after the date of deposit if addressed to an address within the State of California, and three (3) business days if addressed to an address within the United States but outside the State of California.
31 . Transfers: Assignments . Developer may assign its obligations under this Agreement to successor owner(s) of the Property only with the prior written consent of the City. In connection with any such assignment, Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form acceptable to the City Attorney.

32. Binding Upon Heirs. Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs , successors and assigns of the parties hereto; provided , however, that this Agreement shall not be binding upon a purchaser or transferee of any portion of the Property unless this Agreement has been assigned pursuant to Section 31 . If this Agreement has not been assigned or if the assignment has not been consented to by City, it shall remain binding on Developer .
33 . Headings. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms , covenants or conditions contained in this Agreement.

34. Severabi lity. If any provision of this Agreement is held , to any extent, invalid , the remainder of this Agreement shall not be affected , except as necessarily required by the invalid provision, and shall remain in full force and effect.

35. Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between City and Developer with respect to the matters addressed in this Agreement. This Agreement may not be altered , amended or modified without the written consent of all parties.

36. Governing Law: Venue . This Agreement shall be construed and enforced in accordance with the laws of the State of California , without reference to choice of law provisions. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of San Benito , California, State o f California .

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37. Authority. Each party executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind and if such party is a partnership, corporation or trustee, that such pa11nership, corporation or trustee has full right and authority to enter into this Agreement and perform all of its obligations hereunder.

38. Time is of the Essence. Time is of the essence of this Agreement and of each and every term and condition hereof.

39. Runs with the Land: Recordation. This Agreement pertains to and shall run with the Property. Upon execution, this Agreement shall be recorded in the Official Records of San Benito County.

40. Affordable Housing. 22 affordable unit perm its shall be pulled within the first 150 permits , and an additional I I affordable unit permits sha II be pulled within the next 48 permits . A total of 33 affordable units shall be built by the conclusion of Phase 2.

41. Memorandum of Agreement for Horne Construction within an Incomplete Subdivision: Developer acknowledges and agrees to all the conditions and requirements set forth in City Council Resolution No. 95-08 and the Memorandum of Agreement attached hereto as Exhibit G and incorporated by this reference.

42. Off-Site Improvements: Developer must provide a Performance Bond and Labor and Materials Bond security as described Section 16.24.220 of the City of Hollister Municipal Code, to guarantee the construction or installation of the City off-site improvements , such improvements must be constructed in full prior to issuance of final occupancy of the first lot.

IN WITNESS WHEREOF, City and Developer have executed this Agreement as of the Effective Date.

CITY OF HOLLISTER, a California Municipal Corporation
By: _______________ _
Brett Miller, City Manager
DEVELOPER:

KB Homes South bay Inc.

By: ('~11tJ(____ ---~~---------· McMullen , SVP Land Acquisition ATTEST:

Christine Black, MMC, City Clerk

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APPROVED AS TO FORM:

Jason Epperson, City Attorney
NOTE: Developer signature shall be notarized

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ORNIA ALL-.PtlRPOSE("t(CKNOWLEDGEM_ . -·~ -.
"A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document."
STATE OF California
COUNTY OF Contra Costa
)SS
)
On April 11. 2022 , before me, Sara L. Robbins, Notary Public, personally appeared Jeffrey P. McMullen , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ::fttg~
My Commission Expires: May 15, 2025
Notary Name: Sara L. Robbins
Notary Registration Number: 2357772
eeeeeeeef
SARA L. ROBBINS
Notary Public -California :

Contra Costa County ~
Commission II 2357772 -
y Comm. Expires May 15, 2025
This area for official notarial seal
Notary Phone: 925-983-4524
County of Principal Place of Business: Contra Costa

Page 1 of 1 ends

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Exhibit A
Le2al Description of the
Property

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EXHIBIT A

DESCRIPTION
15348.020
Pagel of I

ALL THAT CERTAIN REAL PROPERTY SITU A TED IN THE CITY OF HOLLISTER, COUNTY OF SAN BENlTO, STATE OF CALIFORNIA, BEING PARCEL I , AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD MARCH I, 2022, IN BOOK 11 OF PARCEL MAPS , AT PAGE 86 , SAN BENITO

COUNTY RECORDS
CONTAINING 33 .91 ACRES MORE OR LESS .

END OF DESCRIPTION
IDACKAY 8c SOfflPS
CIVIL ENGINEERING• LJ\ND Pl/INN ING • LJ\ND SURVEYING
514 2 Franklin Dri ve Suite B, Pleosanlon. CA. 94588-3355 1925) 225-0690
\\PLDA TA 12\Projccts\15348\Plal-Lcgals\LLA -Zuniga\P hase 2 Desc.doc

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Exhibit B
Estimated Cost of Work

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EXHIBITB

ENGINEER'S ESTIMATE

FOR BOND PURPOSES

LANDS OF AWARD HOMES
TRACT NO. 303 -PHASE 2 -WEST FAIRVIEW

HOLLISTER, CALIFORNIA
15348.010
Rev . 3/15/2022
GCC
PHASE 2 -TRACT NO . 303: Based on Improvement Plans & Grading Plans 6th Cycle Submittal

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING
1 . 1 LS Mobilization , demo, clear, & grub 50 ,000.00 $50,000 2 . 67 ,450 CY Rough Grading (Cut/Fill) 3 .00 202,350
3 . 3 ,590 CY Rough Grading (Expo rt Excess) 20 .00 71,800

4. 198 EA Finish lot grading 3,000 .00 594,000

5. 85 LF Retaining Walls -0' to 4' high
including subdrain 209 .40 17,800
6 . 1 LS Erosion control of pads and public
streets 40,000 .00 40,000
ESTIMATED TOTAL GRADING: $935,950
Traci 303. Phaso 2 Englnoors 1:sllmalo. 0 5-03,2021 .xls Page 1 of 5

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15348.010
Rev. 3/15/2022
GCC

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
B. STREETWORK

1. 464 ,000 SF Finish grading back of sidewalk 0.57 $264,480 2 . 5 ,360 T on 3" A.C . pavement including seal
coats and conforms (For All Streets) 140 .00 750,400

3. 3,350 Ton 14" Class II aggregate base under
pavement (M imosa Street) 32.50 108 ,880
4 . 690 Ton 6" Class II aggregate base under
curb and gutter (Al l streets except
Mimosa) 32.50 22,430
5 . 230 Ton 4 " Class II aggrega te base under
sidewalk (Mimosa Street) 32.50 7,480

6. 9 ,520 Ton 12" Class II aggregate base under
pavement (All Other St reets) 32.50 309,400

7. 910 To n 4" Class II aggregate base under
sidewalk (All Other Streets) 32 .50 29,580

8. 860 Ton 10 " Class II aggregate base under
pavement (Motor Courts) 32 .50 27 950

9. 110 Ton 6" Class II aggregate base under
c urb and qutter (Motor Courts) 32 .50 3 ,580
10 . 12 7 Ton 10" Class II aggregate base for EVA 32 .50 4,110

11. 3 ,280 SF Finished grading of EVA 0.57 1,870
12 . 8 EA Removable bollards with lock for
EVA road 500.00 4,000

13. 112 LF Barricade 30.00 3 360
14 . 612 LF 6" Irrigation sleeve 18.00 11 020
15 . 1 LS Sign in g and striping 20 ,000 .00 20 ,000
16 . 1 LS Re locate mai ntenance gate 7 500 .00 7 500
17 . 20 EA S treet Monuments 300 .00 6 000
ESTIMATED TOTAL STREETWORK : $1,576,040
Traci 303. PllilSO 2 f:nglnaors Esllmato. mi -0 3-202 ·1,x.15 Page 2 of 5

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15348.010
Rev. 3/15/2022
GCC

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
C. CONCRETE WORK
1 . 13,700 LF 6" Standard curb & gutter 19.00 $260,300

2. 2,300 LF Modified depressed curb and gutter
for Motor Courts 25 .00 57,500
3 . 1,715 LF Standard median curb 24.00 41,160

4. 49 ,000 SF 4' wide 4" Sidewalk 5 .50 269,500
5 . 6 ,000 SF 5' wide 4" Sidewalk 5.50 33,000
6 . 8,750 SF 8' wide 4" Sidewalk 5 .50 48 ,130
7 . 840 SF Driveway approach for EVA at
Fairview Road 5 .50 4,620

8. 30,500 SF Driveway approach & driveway at
sidewalk 7.00 213,500
9 . 28 EA Handicap ramp 800.00 22,400
ESTIMATED TOTAL CONCRETE WORK: $950,110
D. SANITARY SEWER WORK

1. 41 EA Manholes incl. reset to finish grade 4,800 .00 $196,800 2 . 4 EA Remove plug and connect 250.00 1,000
3 . 2 EA Plug 150.00 300.00

4. 6,500 LF 8" PVC SS pipe including backfill 44.00 286,000 5 . 198 EA 4" Laterals 1,500.00 297,000
ESTIMATED TOTAL SANITARY SEWER WORK: $781,100
E. STORM DRAIN WORK
1 . 35 EA Manholes incl. reset to finish grade 51200.00 $1821000 2 . 4 EA Remove plug and connect 250 .00 1 000

3. 2 EA Plug 250 .00 500
4 . 1,432 LF 15" HOPE Storm drain pipe 90.00 1281880
5 . 4 ,150 LF 18" HOPE Storm drain pipe 100.00 415 000
6 . 48 EA Catch Basins 7 000.00 336 000
ESTIMATED TOTAL STORM DRAIN WORK: $1,063,380
Tract 303 • Plrnso 2 Englnne rs Estlmflte -05-0 3-2 02 1.xls Page 3 of 5

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ITEM QUANTITY UNIT DESCRIPTION
F. ELECTRICAL/JOINT TRENCH

1. 2 .
46 EA Electrolier including conduit and
boxes
198 LOTS PG&E cost
ESTIMATED TOTAL ELECTRICAL WORK:

G. LANDSCAPING
1 .

2. 3.
4 .

5. 37,300
8,600
1,350
12,000
6 ,780
SF
SF
LF
SF
SF
Landscaping including street trees &
i rrigation on Lots H, I, and J (Mimosa
Street)
Median landscap ing & irrigation
6" Irrigation Sleeves (Mimosa Street)
8' decorative wall plus 1' to 4'
retainer located in Mimosa Street
8' high decorative stucco finish with
decorative cap & decorative (stone
finish with cap) pilaster, masonry
soundwall plus 1' to 4' retainer
located on Fairview Road
ESTIMATED TOTAL LANDSCAPING:

Trncl :mJ -Phaso 2 Engineers Esllmate -0 5-03-2021 .xls Page 4 of 5

UNIT PRICE
15348.010
Rev . 3/15/2022
GCC
AMOUNT
8 077 .00 $371,540 -----'---'-"---'~
1,000.00 198 000
$569,540

8.00 $298,400

7.00 60 200
30 .00 40 500
30 .00 360,000
30 .00 203,400
$962,500

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A
B
C
D
E
F
G

SUMMARY

GRADING

STREETWORK

CONCRETE WORK

SANITARY SEWER WORK

STORM DRAIN WORK

ELECTRICAL/JOINT TRENCH

LANDSCAPING

SUBTOTAL CONSTRUCTION
10% CONTINGENCY

TOTAL CONSTRUCTION

CITY PLAN CHECK FEES

CITY OF HOLLISTER PLAN CHECK FEE
4 .1% OF IMPROVEMENT COST)

MAP CHECKING FEES
($1 ,750 + 15.00 PER LOT}

TOTAL CITY PLAN CHECK FEE
Trar.• 303 -Phase 2 Engineers Eslirn nie -0 5-03-202 1.x!s Page 5 of 5 $935 ,950
1 576 040
950 110
781 100
1,063,380
569 540
962,500
$6,838,620
$683,862
$7 ,522,482
$308,422
$4,720
$313,142
15348.010
Rev . 3/15/2022
GCC

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PRELIMINARY ENGINEER'S ESTIMATE

FOR BOND PURPOSES

FOR CITY OF HOLLISTER

LANDS OF AWARD HOMES
TRACT NO. 303 -PHASE 2 -OFFSITE -WEST FAIRVIEW

HOLLISTER, CALIFORNIA
15348 .010
Rev . 2/24/2022
GCC
Based on Improvement Plans dated Feb ru ary, 2022 -3nd Cycle Submittal

ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
A. GRADING

1. 1 LS Mobilization, demo, clear, & grub 30,000 .00 $30,000

2. 2,090 CY Rough Grading 3 .00 6 ,270
3 . 610 CY Soil Import 20 .00 12,200
4 . 1,016 LF Retaining Walls -0' to 4' high
including subdrain and 8' Soundwall 450 .00 4571200
5 . 1 LS Erosion control of pub li c streets 40,000 .00 40,000 ESTIMATED TOTAL GRADING: $545,670
B. STREETWORI<

1. 45,116 SF Finish grading with in City R.O.W 0 .57 $25,720 2 . 335 Ton 5" A.G . pavement including seal
coats and conforms 140.00 46,900

3. 381 Ton 3" A.G . pavement overlay including
seal coats and conforms 140 .00 531340

4. 833 Ton 20" Class 11 aggregate base under
pavement 32 .50 27 070
5 . 112 LF Remove existing barricades 30.00 3 360
6 . 1 LS Signing and striping 20,000.00 20,000

7. 2,800 SF Griding at pavement conform 2 .00 5,600
ESTIMATED TOTAL STREETWORK: $181,990
C. CONCRETE WORK
1 . 732 LF 6" Standard curb & gutter 19 .00 $13,910

2. 6,023 SF 5' wide Meandering Sidewall< 5 .50 33,130
3 . 1,119 SF Driveway approach for the EVA and
Lands of Ashley 7.00 7 830
ESTIMATED TOTAL CONCRETE WORK: $54,870
Ci1y. Tract 30 3 . Ph:tsc 2 Olfsitc E.nglnccrs Eslimato. 02•2it •202 2.xl5 Page 1 of 3

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ITEM QUANTITY UNIT DESCRIPTION
D. STORM DRAIN WORK

1. 2 .
3 .

4. 2 EA
14 LF
729 LF
2 EA
Manholes incl. reset to finish grade
15" HOPE Storm drain pipe
18" HOPE Storm drain pipe
Catch Basins
ESTIMATED TOTAL STORM DRAIN WORK:

F. ELECTRICAL/JOINT TRENCH

1. 2.
7 EA Electrolier including conduit and
boxes
1, i61 LF Jo i nt trench li ne
ESTIMATED TOTAL ELECTRICAL WORK:

G. LANDSCAPING
1 . 27,580 SF Landscaping includ ing street trees &
irrigation
ESTIMATED TOTAL LANDSCAPING:

Clly • Tract 30 3 • Ph:\S0 2 Olfsi tc Engineers E~l imatc • 0 2-?.'1·2 022.:.ls Page2of3

UNIT PRICE
5,200.00
90 .00
100.00
7,000.00
8,077.00
230.00

8.00 15348 .010
Rev . 2/24/2022
GCC
AMOUNT
$10,400
1,260
72,900
14,000
$98,560
$56,540
267,030
$323,570
$220,640
$220,640

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SUMMARY

A GRAD ING
B STR E ETWORI<
C CONCRETE WORI<

E STORM DRAIN WORK

F ELECTRICAL/JOINT TRENCH

G LANDSCAPING

SUBTOTAL CONSTRUCTION
10% CONTINGENCY

TOTAL CONSTRUCTION

CITY PLAN CHECK FEES

CITY OF HOLLISTER PLAN CHECK FEE

5.3% OF IMPROVEMENT COST)

TOTAL CITY PLAN CHECK FEE
Ci1y -Tracl 30J -Ph ;:iso 2 Olfsit o Engrooors f:'s llm alo. 0 2 -2'1-2022 .xls Page 3 of 3 $545,670
181 ,990
54,87 0
98 ,560
323 ,570
220 ,640
$1,425,300
$1421530
$1 ,567,830
$83,090
$83,090
15348.010
Rev . 2/24 /2022
GCC

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Exhibit C
City Engineering & Inspection Costs

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EXHIBIT C
Estimated Cost for the Payment of the City Costs
Engineering & Inspection Fee
Engineering & Inspection Fee= Engineer's Estimate* 4. I% = ($7,522,482) (0 .041 )
$308 ,422
+ $15,000 =
One-Site $323,422
Off-Site Engineer's Estimate* 5 .3% $1,567,830 (0.053)
= $83,090
Map Checking Fee
Map Checking Fee= $1,750 + $15/Lot
$1,750+$15(198)
= $4 ,720
Estimated Cost for the Payment of the City Costs
Estimated Cost for the Payment of the City Costs= Engineering & Inspection Fee+ Map Checking Fee = $406,512 + $4,720
= $411,232
Estimated Cost for the Payment of the City Costs= $411,232.00

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Exhibit D
City Final Map Costs

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EXHIBIT D
Estimated Cost for the Payment of the City Costs
Engineering & Inspection Fee
Engineering & Inspection Fee= Engineer's Estimate * 4.1 % = ($7 ,522,482) (0.041)
= $308,422
+ $15 ,000 =
One-Site $323 ,422
Off-Site Engineer's Estimate * 5 .3% $1 ,567 ,830 (0 .053) = $83,090
Map Checking Fee
Map Checking Fee= $1 ,750 + $15/Lot
= $1,750 + $15(198)
= $4,720
Estimated Cost for the Payment of the City Costs
Estimated Cost for the Payment of the City Costs= Engineering & Inspection Fee+ Map Checking Fee = $406,512 + $4,720
= $411,232
Estimated Cost for the Payment of the City Costs= $411,232.00

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Exhibit E
Performance Bond Amount

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EXHIBIT E
ON-SITE SUBTOTAL CONSTRUCTION $6,838,620
10% CONTINGENCY $683,862
TOTAL CONSTRUCTION $7,522,482
OFF-SITE SUBTOTAL CONSTRUCTION $1,425,300
10% CONTINGENCY $142,530
TOTAL CONSTRUCTION $1,567,830
$ 9,090,312.00 (PERFORMANCE BOND AMOUNT)

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Exhibit F
Labor & Material Bond Amount

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EXHIBIT F
ON-SITE SUBTOTAL CONSTRUCTION $6,838,620
10% CONTINGENCY $683,862
TOTAL CONSTRUCTION $7,522,482
OFF-SITE SUBTOTAL CONSTRUCTION $1,425,300
10% CONTINGENCY $142,530
TOTAL CONSTRUCTION $1,567,830
$9,090,312.00 (LABOR & MATERIALS BOND AMOUNT)

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Exhibit G
Memorandum of Agreement

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EXHIBIT G

MEMORANDUM OF AGREEMENT

HOME CONSTRUCTION WITHIN
AN INCOMPLETE SUBDJVlSION FOR
WEST OF FAIRVIEW PHASE NO. 2-TRACT NO. 303
Recitals
WHEREAS , KB Homes South bay Inc . ("Developer") is the owner of that certain real property located west of Fairview Road in the City of Hollister, San Benito County , California, in specific Phase No. 2 of the West of Fairview project ; and ,
WHEREAS , KB Homes South bay Inc . has submitted an application to the City for the development of a Subdivision Map for Phase No . 2 (West of Fairview) which consists of I 98 single family residential units including 60 cluster homes (33 affordable) subject to the approved specific plan, all mitigation measures , conditions of approval , and requirements set forth in paragraphs C , D, E, F, G and Hof the Subdivision Improvements Agreement ; and ,
WHEREAS, the City Council adopted Resolution 95-08 relating to the construction of homes within an incomplete subdivision ("Policy"); and ,
WHEREAS , KB Homes South bay Inc . herein agrees to meet the requirements as set forth by the Policy and this Memorandum of Agreement; and
Agreement
NOW THEREFORE, in order to provide for a timely and orderly construction of the Project to the mutual benefit of the City and Developer; Developer herein agrees:

I . Developer shall take full responsibility for the construction scheduling, coordination , and quality of all work on the project, regardless of who perfonns the work. The designated representative of the developer is Samer Aboujadom , Sr. Land Development Manager, until further noticed in writing by the Developer that a change is occurring.

2. Developer shall install and maintain alarm systems in model homes 24 -hours a day , 7- days a week. The designated contact representative of the Developer for burglar alarm system is:

Joe Olson, VP of Construction, (925) 983-4500

3. Developer stipulates that the specific lots upon which early -start construction homes shall be built are Lots 75-84 cluster & 7-47 SFD for a total of 50 lots including 6 BMR's, as shown on Attachment 1. All and any revisions to early -start construction home lot locations are subject to City Engineer approval. The Developer must submit proposed revisions to the City Engineer for review and approval consideration.

West of Fairview Phase No. 2 MOA

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4. Developer stipulates that the specific lots upon which model homes shall be built are Lots 2-5 SFD and 91 and 94 cluster and lot 1 for parking lot as shown on Attachment 2 . Further, the Developer shall obtain approval from the Development Services Planning Division for a Major Temporary Use Pennit for the model home parking lot and for model home sales office .

5. Prior to the issuance of the permit, pad grades shall be certified for compaction by a Civil Engineer or Geotechnical Engineer , and the original stamped certifications shall be provided to the Engineering Department and the Building Department. Said Civil Engineer or Geotechnical Engineer shall be duly licensed to perform work in the State of California.
6 . Prior to the issuance of a permit , pad grades shall be certified for elevation by a Civil Engineer or Land Surveyor, and the original stamped certifications shall be provided to the Engineering Department and the Building Department. Said Civil Engineer or Land Surveyor shall be dul y licensed to perform work in the State of California.

7. All utilities crossing and all utility extensions to each model home lot, located within the roadway and public utilities easements , shall be installed and tested . Utilities include but are not limited to natural gas , electric , cable , telephone, water, sewer, and storm drain.

8. Access to model homes from future streets within the subdivision or from approved aJtemative access shall not cross the alignment of any future utility to be installed within the subdivision , as determine by the City Engineer. 9 . Fire hydrants shall be located within 500 feet of all combustible materials and be capable of delivering adequate fire flows to the satisfaction of the City Fire Marshal/Chief.
10 . Following approval of the Major Temporary Use Permit by the Planning Division for the model home sales office and parking lot , and the completion of the final inspection by the Building Inspector and the Public Works Inspector, the Developer may use the model homes for display purposes only .
11 . Developer shall furnish to the City security in the amount of 100% of the estimated cost of all on and off-site subdivision improvements to assure the Developer's faithful performance to complete the subdivision improvements, and to maintain such security until full build-out and completion of early-start construction homes , model homes , and all on and off-site subdivision improvements are completed by the Developer and accepted by the City. Upon acceptance of all improvements by the City Engineer, the Developer may substitute a maintenance bond equal to 10% of the full security amount for one year warranty period.
12 . Developer is responsible to maintain , and fully repair any and all damage or defects of all on and off-site subdivision improvements until full build-out and completion of early-start construction homes and model homes , and all on and off-site subdivision improvements are completed by the Developer and accepted by the City.

West of Fairview Phase No . 2 MOA

13.Developer shall maintain safe and adequate public access, and meet all ADA requirements, to and from the model homes at all times.

I 4. Issuance of Final occupancy shall be at the sole discretion of the Development Services Director or City engineer if subdivision improvements are detennined to be completed by the City. Model homes on Lots 2-5 SFD and 91 and 94 cluster as shown on Attachment 2 may receive Temporary occupancy to be used for display purposes only, until full acceptance of the subdivision improvements by the City. Developer shall maintain safe and adequate public access, and meet all ADA requirements, at all times.

15.�hould conditions warrant, due to developer's failure to comply with the provision of this Memorandum of Agreement, building inspection will be withheld and on-site construction shall cease. Examples of conditions which might warrant such withholdings of inspection would be failure to maintain temporary improved accesses, failure to maintain cleanliness of existing streets, persistence of unresolved conflicts between site construction and foundation construction, etc.

16.Developer agrees to comply with all federal, state, and local regulations.

I hereby certify that I have read this Memorandum of Agreement and understand and agree to all requirements stated within.

KB Homes Southbay Inc.

Date: '-I-II.., 2.'L Jflzfru1-
NOTE: Developer signature shall be notarized.

West of Fairview Phase No. 2 MOA
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ATTACHMENT No. 1
Early Start Homes
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"A not ary public or other officer completing t his certificate verifies only the iden t it y o f t he individu a l who signed the documen t , t o which t his ce rtific ate is att ach e d, and not the tr uth f ulness, accuracy, or v a lidit y o f tha t documen t."
STATE OF California
COUNTY OF Contra Costa
)SS
)
On April 11. 2022 , before me, Sara L. Robbins, Notary Public, personally appeared Jeffrey P. McMullen , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ~tX.I~
My Commission Expires: May 15, 2025
Notary Name: Sara L. Robbins
Notary Registration Number: 2357772
~-···········f , ' ► SARA L. ROBBINS
: ! Notary Public -Ca liforn ia i " ;; Contra Costa County f i f Commi ssion #2357772 -
My Comm. Expi res May 15, 2025
This area for official notarial seal
Notary Phone: 925-983-4524
County of Principal Place of Business: Contra Costa

Page 1 of 1 ends

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"A nota ry public or other o ff ice r co mp leting this cert ificat e verifies only the ident ity of t he individual who signed the document, t o which this certificat e is attached, and not the truthfulness, accuracy, or validity o f that document."
STATE OF California
COUNTY OF Contra Costa
)SS
)
On April 11, 2022 , before me, Sara L. Robbins, Notary Public, personally appeared Jeffrey P. McMullen , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ~~
My Commission Expires: May 15, 2025
Notary Name: Sara L. Robbins
Notary Registration Number: 2357772
········~ SARA L. ROBBINS
Notary Public • California z
Contra Costa County ~
Commission # 2357772 -
y Comm. Expires May 15, 2025
This area for official notarial seal
Notary Phone: 925-983-4524
County of Principal Place of Business: Contra Costa

Page 1 of 1 ends

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-73, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE HOLLISTER PEACE OFFICERS

ASSOCIATION

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister approving a Side Letter Agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Peace Officers Association. The amendment will approve a payment for City Employee Essential Worker Hazard Pay to be paid out to all Unit Members of the Hollister Peace Officers Association.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution approving a Side Letter Agreement amending the Memorandum of Understanding Between the City of Hollister and the Hollister Peace Officers Association.

DEPARTMENT SUMMARY: On April 18, 2022, the City Council approved a one-time lump sum in the amount of $2,385 for each qualifyin g Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay. The one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date th e City Council approved the payout.

The City of Hollister and the Hollister Peace Officers Association have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Hollister Peace Officers Association.

Staff recommends that the City Council approve the side-letter agreement and authorize the City Manager to execute it on behalf of the City. Staff has prepared the necessary resolution for City Council approval consideration.

FINANCIAL IMPACT: $0 as it was budgeted as part of the American Rescue Plan Act (ARPA) funds.

CEQA: N/A

ATTACHMENTS:

1. Side Letter HPOA signed

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
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Brett Miller, City Manager

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RESOLUTION NO. 2022-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER

PEACE OFFICERS ASSOCIATION

WHEREAS, on April 18, 2022, the City Council approved a one-time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay; and

WHEREAS, the one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout; and

WHEREAS, the City of Hollister and the Hollister Peace Officers Association have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Hollister Peace Officers Association .

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Peace Officers Association and authorize the City Manager to execute it on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-73, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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Side Letter Agreement
Between the City of Hollister and
The Hollister Peace Officers Association

On April 18, 2022 the City of Hollister City Council approved a one-time lump sum payment in the amount of $2,385 for City Employee Essential Worker Hazard Pay.

The City of Hollister and the Hollister Peace Officers Association have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay, and, both parties agree that said amount is to be paid to each unit member of the Hollister Peace Officers Association, no later than the second full pay period following City approval of this side letter.

City of Hollister Hollister Peace Officers Association

Dated _____________________ Dated ____________________

By __________________________ By _________________________

Brett I. Miller, City Manager Staci Esqueda, President

By _________________________

Patrick Kennedy, Vice President

DocuSign Envelope ID: 4E251F1A-3E56-4C32-A3D1-061AF931D49E 4/20/2022
A.9.a
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r DocuSigned by:

L~
lf-DocuSigned by:
~~~

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-74, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AMENDMENT TO THE

SALARIES AND BENEFITS PLAN BETWEEN THE CITY OF HOLLISTER AND THE

EXECUTIVE MANAGEMENT UNIT

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister approving an amendment to the Salaries and Benefits Plan between the City of Hollister and the Executive Management Unit. The amendment will approve a payment for City Employee Essential Worker Hazard Pay to be paid out to all Unit Members of the Executive Management Unit.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution approving an amendment to the Salaries and Benefits Plan Between the City of Hollister and the Executive Management Unit.

DEPARTMENT SUMMARY: On April 18, 2022, the City Council approved a one-time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee E ssential Worker Hazard Pay. The one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout.

The City of Hollister and the Executive Management Unit have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Executive Management Unit.

FINANCIAL IMPACT: $0 as it was budgeted as part of the American Rescue Plan Act (ARPA) funds.

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. 2022-74

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AMENDMENT TO THE SALARIES AND BENEFITS PLAN

BETWEEN THE CITY OF HOLLISTER AND THE EXECUTIVE MANAGEMENT UNIT

WHEREAS, on April 18, 2022, the City Council approved a one -time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay; and

WHEREAS, the one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout; and

WHEREAS, the City of Hollister and the Executive Management Unit have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Executive Management Unit.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Executive Management Unit and authorize the City Manager to execute it on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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

A.10
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-74, 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 2nd day of May, 2022, at which meeting a quorum was present.

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

Christine Black, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-75, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION, LOCAL 3395

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister approving a Side Letter Agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Firefighters Union, Local 3395. The amendment will approve a payment for City Employee Essential Worker Hazard Pay to be paid out to all Unit Members of the Hollister Firefighters Union, Local 3395.

DEPARTMENT SUMMARY: On April 18, 2022, the City Council approved a one-time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay. The one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout.

The City of Hollister and the Hollister Firefighters Union, Local 3395 have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Hollister Firefighters Union, Local 3395.

FINANCIAL IMPACT: $0 as it was budgeted as part of the American Rescue Plan Act (ARPA) funds.

CEQA: N/A

ATTACHMENTS:

1. Side Letter HFFU signed

2. MOU routed in DocuSign

A.11
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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. 2022-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER FIREFIGHTERS UNION, LOCAL 3395

WHEREAS, on April 18, 2022, the City Council approved a one -time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay; and

WHEREAS, the one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout; and

WHEREAS, the City of Hollister and the Hollister Firefighters Union, Local 3395 have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Hollister Firefighters Union, Local 3395.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Firefighters Union, Local 3395 and authorize the City Manager to execute it on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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

A.11
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-75, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
A.11
Packet Pg. 231

Side Letter Agreement
Between the City of Hollister and
The Hollister Firefighters Union Local 3395

On April 18, 2022 the City of Hollister City Council approved a one-time lump sum payment in the amount of $2,385 for City Employee Essential Worker Hazard Pay.

The City of Hollister and the Hollister Firefighters Union, Local 3395 have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay, and, both parties agree that said amount is to be paid to each unit member of the Hollister Firefighters Union Local 3395, no later than the second full pay period following City approval of this side letter.

City of Hollister Hollister Firefighters Union Local 3395

Dated _____________________ Dated ____________________

By __________________________ By _________________________

Brett I. Miller, City Manager Josh Buzzetta, President

DocuSign Envelope ID: 974A512A-4E37-44C3-BD69-471D354DDE81 4/21/2022
A.11.a
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Diana Hillstock [email protected]
mailto:[email protected] >
PRIVATE MESSAGE Please upload the Resolution if this contract is approved during the May 2, 2022 Council Meeting. Christine Black, MMC, Please DocuSign Side Letter HFFU.pdf Thank You, Diana Hillstock
A.11.b
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-76, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE HOLLISTER MID-MANAGEMENT

ASSOCIATION

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister approving a Side Letter Agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Mid-Management Association. The amendment will approve a payment for City Employee Essential Worker Hazard Pay to be paid out to all Unit Members of the Hollister Mid-Management Association.

The City of Hollister and the Hollister Mid-Management Association have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Hollister Mid-Management Association.

FINANCIAL IMPACT: $0 as it was budgeted as part of the American Rescue Plan Act (ARPA) funds.

CEQA: N/A

ATTACHMENTS:

1. Side Letter Mid _Mgt signed

2. MOU routed in DocuSign

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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

A.12
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RESOLUTION NO. 2022-76

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE HOLLISTER

MID-MANAGEMENT ASSOCIATION

WHEREAS, on April 18, 2022, the City Council approved a one -time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pa y; and

WHEREAS, the one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout; and

WHEREAS, the City of Hollister and the Hollister Mid-Management Association have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Hollister Mid-Management Association.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Hollister Mid-Management Association and authorize the City Manager to execute it on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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

A.12
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-76, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
A.12
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Side Letter Agreement
Between the City of Hollister and
the Hollister Mid-Management Association

On April 18, 2022 the City of Hollister City Council approved a one-time lump sum payment in the amount of $2,385 for City Employee Essential Worker Hazard Pay.

The City of Hollister and the Hollister Mid-Management Association have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay, and, both parties agree that said amount is to be paid to each unit member of the Hollister Mid-Management Association, no later than the second full pay period following City approval of this side letter.

City of Hollister Hollister Mid-Management Association

Dated _____________________ Dated ____________________

By __________________________ By _________________________

Brett I. Miller, City Manager Maria Mendez, President

By _________________________

Michael Grzan, Vice President

DocuSign Envelope ID: 30BC77FE-7B05-42CE-8766-436DB05F6125 4/20/2022
A.12.a
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~DocuSigned by:

L~~4 E~~

Diana Hillstock [email protected]
mailto:[email protected] >

PRIVATE MESSAGE
Please upload the Resolution if this contract is approved during the May 2, 2022 Council Meeting.

Christine Black, MMC,
Please DocuSign Side Letter Mid _Mgt.pdf
Thank You, Diana Hillstock
A.12.b
Packet Pg. 239

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-77, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE CONFIDENTIAL UNIT

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister approving a Side Letter Agreement amending the Memorandum of Understanding between the City of Hollister and the Confidential Unit. The amendment will approve a payment for City Employee Essential Worker Hazard Pay to be paid out to all Unit Members of the Confidential Unit.

DEPARTMENT SUMMARY: On April 18, 2022, the City Council approved a one-time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay. The one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout.

The City of Hollister and the Confidential Unit have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Confidential Unit.

FINANCIAL IMPACT: $0 as it was budgeted as part of the American Rescue Plan Act (ARPA) funds.

CEQA: N/A

ATTACHMENTS:

1. Side Letter Confidential signed

2. MOU routed in DocuSign

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
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Brett Miller, City Manager

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RESOLUTION NO. 2022-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE

CONFIDENTIAL UNIT

WHEREAS, on April 18, 2022, the City Council approved a one -time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay; and

WHEREAS, the one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout; and

WHEREAS, the City of Hollister and the Confidential Unit have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Confidential Unit.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Confidential Unit and authorize the City Manager to execute it on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-77, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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Side Letter Agreement
Between the City of Hollister and
The Confidential Unit

On April 18, 2022 the City of Hollister City Council approved a one-time lump sum payment in the amount of $2,385 for City Employee Essential Worker Hazard Pay.

The City of Hollister and the Confidential Unit have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay, and, both parties agree that said amount is to be paid to each unit member of the Confidential Unit, no later than the second full pay period following City approval of this side letter.

City of Hollister Confidential Unit

Dated _____________________ Dated ____________________

By __________________________ By _________________________

Brett I. Miller, City Manager Michelle Scharton

By _________________________

Hydie McDonald

DocuSign Envelope ID: 7EC3B47C-B8C9-4976-9E39-74DFDD02D257 4/19/2022
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Diana Hillstock [email protected]
mailto:[email protected] >

PRIVATE MESSAGE
Please upload the Resolution if this contract is approved during the May 2, 2022 Council Meeting.

Christine Black, MMC,
Please DocuSign Side Letter Confidential.pdf
Thank You, Diana Hillstock
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Consent Items
DEPARTMENT:

DEPARTMENT HEAD:

Human Resources
Cecilia Rodriguez, Management
Analyst
CONTACT: Diana Hillstock, Human
Resources Manager
831-636-4301

TITLE OF ITEM: RESOLUTION NO. 2022-78, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A SIDE LETTER

AGREEMENT AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF HOLLISTER AND THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521

The amendment will approve a payment for City Employee Essential Worker Hazard Pay to be paid out to all Unit Members of the Service Employees International Union Local 521.

DEPARTMENT SUMMARY: On April 18, 2022, the City Council approved a one-time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay. The one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout.

FINANCIAL IMPACT: $0 as it was budgeted as part of the American Rescue Plan Act (ARPA) funds.

CEQA: N/A

ATTACHMENTS:

1. Side Letter SEIU signed

2. MOU routed in DocuSign
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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. 2022-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF HOLLISTER AND THE SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 521

WHEREAS, on April 18, 2022, the City Council approved a one -time lump sum in the amount of $2,385 for each qualifying Full Time City Employee and $1,192.50 for each qualifying Temporary Employee for City Employee Essential Worker Hazard Pay; and

WHEREAS, the one-time lump sum will also be provided to employees who separated from the City of Hollister within one year from the date the City Council approved the payout; and

WHEREAS, the City of Hollister and the Service Employees International Union Local 521 have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay that is to be paid to all Unit Members of the Service Employees International Union Local 521.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and adopts the side-letter agreement amending the Memorandum of Understanding between the City of Hollister and the Service Employees International Union Local 521 and authorize the City Manager to execute it on behalf of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-78, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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Side Letter Agreement
Between the City of Hollister and
The Service Employees International Union Local 521

On April 18, 2022 the City of Hollister City Council approved a one-time lump sum payment in the amount of $2,385 for City Employee Essential Worker Hazard Pay.

The City of Hollister and the Service Employees International Union Local 521 have met and conferred via teleconference regarding the City Employee Essential Worker Hazard Pay, and, both parties agree that said amount is to be paid to each unit member of the Service Employees International Union Local 521, no later than the second full pay period following City approval of this side letter.

City of Hollister Service Employees International
Union Local 521

Dated _____________________ Dated ____________________

By __________________________ By _________________________

Brett I. Miller, City Manager Rodrigo Aguilera, President

By _________________________

Jay Donato, Union Representative

DocuSign Envelope ID: 41FC8860-9A25-4322-96BE-68DAFF725187 4/20/2022
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(r;DocuSigned by:

L~1~

Diana Hillstock [email protected]
mailto:[email protected] >

PRIVATE MESSAGE
Please upload the Resolution if this contract is approved during the May 2, 2022 Council Meeting.

Christine Black, MMC,
Please DocuSign Side Letter SEIU.pdf
Thank You, Diana Hillstock
A.14.b
Packet Pg. 251

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: March 18, 2022 AGENDA ITEM: Public Hearings
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. 2022-79, 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 CONDUCTING A HEARING FOR

THE RECEIPT OF OBJECTION TO THE PROPOSED ABATEMENT

BRIEF DESCRIPTION: This public hearing is to hear objections to the proposed abatement of weeds and other flammable materials existing on said properties; (Exhibit “A”) and written notice of the proposed abatement and hearing date was mailed to all affected property owners in the manner and form required by law.

RECOMMENDATION: Staff recommends that the 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: Annually, 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. The action proposed is adopt the Resolution declaring certain properties to constitutes a public nuisance, ordering the abatement ther eon, setting a public hearing and ordering notices to be sent to affected property owners. All costs associated with the program shall be assessed as liens filed on the property on which abatement is performed.

FINANCIAL IMPACT: Estimated costs $10,000 to be recovered from property owners.

CEQA: N/A

ATTACHMENTS:

1. 2022 - Weed Abatement - Exhibit A

2. Public Notice - Mailed 03-22-2022

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-79

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 CONDUCTING A HEARING FOR THE RECEIPT OF OBJECTION TO THE

PROPOSED ABATEMENT

WHEREAS, at the City Council Meeting on March 21, 2022, the City Council adopted Resolution 2022-41 declaring weeds to be a nuisance; and

WHEREAS, a Public Hearing was scheduled for May 2, 2022, in the City Hall Council Chambers to hear objections to the proposed abatement of weeds and other flammable materials existing on said properties; and

WHEREAS, written notice of the abatement date of May 1, 2022, and Public Hearing date of May 2, 2022, was mailed to all affected property owners in the manner and form required by law; and

WHEREAS, on May 2, 2022 at the Public Hearing, the City Council received and considered all reports, recommendations, and testimony relating to the proposed abatement of identified properties.

NOW, THEREFORE, BE IT RESOLVED:

1. The Fire Chief, and/or his representative or agent, is hereby authorized to abate weeds and other flammable materials existing or maintained on those properties identified in the attached Exhibit “A”.

2. The Fire Chief, and/or his representative or agent, shall keep an itemized accounting of costs relating to each such abatement, including administrative costs, and after confirmation by the City Council, said costs shall constitute a lien against the subject property, and a personal obligation of the property owner.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 2022, by the following vote:

Ignacio Velazquez, Mayor
ATTEST:

Christine Black, MMC, City Clerk

APPROVED AS TO FORM:

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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. 2022-79, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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2022
Weed Abatement
Official List
Exhibit "A"
Parcel No.Owner/Caretaker Mailing Address Mailing Address1 City State Zip Physical Location 019-130-026-000 COMMUNITY HOUSING IMPROVEMENT SYSTEMS & PLANNING 259 Main Street STE. 100 Salinas CA 93901 0 North Street, PTN PCL 2 019-310-002-000 ROSATI JOAN LIVING TRUST ET AL 381 Donald Drive Hollister CA 95023 0 Santa Ana Road 020-460-037-000 COUNTY OF SAN BENITO 481 4TH STREET Hollister CA 95023 HILLCREST ROAD 051-020-017-000 PONTO GARY C-VICKI L FAM TR P.O. Box 3595 Los Altos CA 94024 0 San Felipe Rd 051-020-019-000 PONTO GARY C-VICKI L FAM TR P.O. Box 3596 Los Altos CA 94024 50 Santa Ana Road 051-090-019-000 UNITED STATES POSTAL SERVICE 850 Cherry Ave San Bruno CA 94066 100 Maple Street - Open Lot Behind Post
Office
051-100-018-000 HARO MAUREEN & DAVID 871 Chappell Road Hollister CA 95023 871 Chappell Road 051-100-028-000 RODRIQUEZ RAMIRO JR-AZUCENA 740 Paullus Dr Hollister CA 95023 0 Chappell Rd 051-100-034-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd. 051-100-035-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd 051-100-036-000 TONACIA 2005 REVOCABLE TRUST PO Box 1432 Hollister CA 95024 0 Chappell Rd 051-100-042-000 DE LA PENA JIM-NANCY LIVING TR ET AL 1133 Boxelder Cr.Folsom CA 95630 860 Chappell Road 051-100-043-000 DE LA PENA JIM-NANCY LIVING ET AL TRUST 1133 Boxelder Cr.Folsom CA 95630 0 Chappell Rd 051-100-046-000 FELIPE NINE LLC A CALIF LTD LIAB CO 10 Harris Court, B-1 Monterey CA 93940 0 San Felipe Rd 051-100-047-000 CENTRAL COAST LEASSING LLC PO BOX 1697 Capitola CA 95010 773 San Felipe Rd 051-110-033-000 TTM VENTURES LLC A CALIF LTD LIAB CO PO Box 308 S San Francisco CA 94083 0 San Felipe Rd 051-110-037-000 H & G3 PROPERTIES LLC A CA LTD LIAB CO 512 Metz Rd King City CA 93930 0 McCloskey Rd 051-120-018-000 KJV LANDHOLDINGS LLC A CA LTD LIAB CO 401 San Felipe Road # C Hollister CA 95023 0 Fallon Rd 051-120-022-000 SHANNON PARTNERS PAT-RUBEN LLC A CA LTD LIAB CO 41 Bricks Way Hollister CA 95023 1700 Shelton Dr 051-120-028-000 BISHOP E-R FAMILY TRUST 845 Lanini Drive Hollister CA 95023 0 Shelton Dr 051-120-032-000 MENDES RICHARD JORGE-DIANE REBEIRO 2008 REV TRUST 1615 Alegria Place Hollister CA 95023 451 Fallon Dr Created on: 3/21/08
Last Modified: 3/18/2022 1
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2022
Weed Abatement
Official List
Exhibit "A"
051-120-033-000 MARTIN ROMALDO V-JANICE 1192 Fallon Road Hollister CA 95023 0 Fallon Rd 051-120-040-000 FERNMAR 042 LP A CALIF LTD PARTNERSHIP 1600 El Camino Real C/O RALPH-FERNE CALACTERRA.Belmont CA 94002 191 Fallon Rd. 051-120-043-000 DAVIS THOMAS E LLC 2290 Bert Drive Hollister CA 95023 0 Fallon Rd 051-120-044-000 BERNS BERTRAM M TRUST P.O. Box 8469 San Jose CA 95155 0 Fallon Rd 051-120-045-000 BERNS BERTRAM M TRUST P.O. Box 8469 San Jose CA 95155 0 Fallon Rd 051-120-047-000 MARICH CONFECTIONERY ASSOCIATES 2101 Bert Drive Hollister CA 95023 2101 Bert Dr 051-120-063-000 CALIF SOIL AMENDMENTS & SOLUTIONS 5400 Monterey Road Gilroy CA 95020 0 Fallon Rd 051-130-002-000 FILICE AG LANDS LLC 4400 Fairview Rd Hollister CA 95023 1531 & 1561 San Felipe Rd 051-130-003-000 SAN FELIPE STORAGE LLC A CA LTD LIAB CO 1571 SAN FELIPE ROAD Hollister CA 95023 1571 SAN FELIPE ROAD 051-140-012-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 0 Technology Pr 051-140-015-000 HANAGAN MICHAEL W-BEVERLY J 2360 Technology Pkwy Hollister CA 95023 2360 Technology Pkwy- Open Lot 051-140-021-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 Bert Drive PCL 3 051-151-001-000 VANNI DAVID V-VALERIE D REV TRUST 4050 Hecker Pass Hwy Gilroy CA 95020 0 Bert Dr 051-152-002-000 GOOZH REAL ESTATE PARTNERS LLC 1455 41st Ave San Francisco CA 94122 2300 Bert Drive 051-152-008-000 KMG ELECTRONIC CHEMICALS INC A TX CORP 9555 W Sam Houston Pkwy S #600 Houston TX 77099 0 Bert Drive Lot 19 051-152-010-000 GIMELLI KEN-JILL PO Box 1630 Hollister CA 95024 0 Bert Drive PCL 2 051-161-010-000 CEZAR REV LIVING TRUST PO Box 1113 Tres Pinos CA 95075 0 Shelton Dr 051-161-011-000 CEZAR MICHAEL LORNE-JEANNIE ANN REV LIV TRUST PO Box 1113 Tres Pinos CA 95075 1520 Shelton Drive 051-161-015-000 WILTON JOHN-MARY BETH 1470 Vallejo Drive Hollister CA 95023 0 Lana Way 051-162-001-000 CALCATERRA FAMILY TRUST 1600 El Camino Real C/O FERNMAR MANAGEMENT Belmont CA 94002 0 Lana Lane 051-162-002-000 PACK DENNIS & HEIDI 2956 San Juan Canyon Road San Juan Bautista CA 95045 0 Lana Way 051-162-003-000 SUBURBAN PROPANE LP A DELAWARE LTD PART 240 Route 10 West Whippany NJ 07981 1801 Lana #100 & #200 Created on: 3/21/08
Last Modified: 3/18/2022 2
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2022
Weed Abatement
Official List
Exhibit "A"
051-162-004-000 BRYAN FAMILY TRUST 765 Seventh St.Hollister CA 95023 1701 Lana Lane 051-163-003-000 JAG REAL ESTATE HOLDINGS LLC PO Box 2602 Monterey CA 93942 0 Henrietta Ct 051-163-004-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Henrietta Ct 051-163-007-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Shelton Dr 051-163-009-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Court 051-163-010-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Ct 051-163-011-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Hamilton Ct 051-163-013-000 MARTIN ROMALDO-JANICE 1192 Fallon Road Hollister CA 95023 0 Shelton Dr 051-163-019-000 JAG REAL ESTATE HOLDINGS LLC A LTD LIAB CO PO Box 2602 Monterey CA 93942 0 Shelton Dr #B 051-170-004-000 CONRAD FAMILY TRUST (JAMES R-SALLY J)11 Ring Lane Carmel Valley CA 93924 0 Apollo Way 051-170-009-000 GIMELLI KEN-JILL P.O. Box 1630 Hollister CA 95024 0 Apollo Way 052-040-020-000 HESTER CHAD REV TRUST 16111 Escobar Ave Los Gatos CA 95032 0 Fourth St 052-070-012-000 DABO CATHERINE M R REV TRUST 830 Fifth Street MITCH DABO Hollister CA 95023 0 Fourth Street 052-090-008-000 SANCHEZ FRANK LIVING TRUST 10377 Bret Ave.DAVID & AMBER SANCHEZ Cupertino CA 94014-3520 1550 San Juan Rd. 052-090-045-000 RAJKOVICHINVESTEMENT S COMPANY LP P.O. Box 189 Hollister CA 95024 Lot 28 Westside Village No. 1 052-090-046-000 RAJKOVICH INVESTEMENT S COMPANY LP P.O. Box 189 Hollister CA 95024 Westside Village Unit No. 1 052-180-005-000 HESTER CHAD REV TRUST 16111 Escobar Ave Los Gatos CA 95032 0 Fourth St 052-360-001-000 HOWARD JOHN B 1992 TRUST 311 Laureless Grade Rd Carmel Valley CA 93924 0 Graf Road PCL 1 052-360-002-000 HOWARD JOHN B 1992 TRUST 311 Laureless Grade Rd Carmel Valley CA 93924 Graf Road / Fourth Street PCL 2 052-360-003-000 HOWARD JOHN B 1992 TRUST 311 Laureless Grade Rd Carmel Valley CA 93924 0 Fourth Street PCL 3 052-360-004-000 HOWARD JOHN B 1992 TRUST 311 Laureless Grade Rd Carmel Valley CA 93924 0 Fourth Street PCL 5 052-360-005-000 HOWARD JOHN B 1992 TRUST 311 Laureless Grade Rd Carmel Valley CA 93924 0 Fourth Street PCL 4 Created on: 3/21/08
Last Modified: 3/18/2022 3
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2022
Weed Abatement
Official List
Exhibit "A"
053-292-015-000 BERNIER DAVID A-NINA 111 Locust Avenue Hollister CA 95023 115 Locust (Rear) Ave 053-310-003-000 DUBOIS TOD & BARRIE LIVING TRUST PO Box 502 Chicago Park CA 95712 Park Hill PCL 2 053-330-003-000 BARMINSKI ROBERT & CAROLINE 605 North Street Hollister CA 95023 0 Park Hill 053-380-006-000 LOBUE TONY ET AL PO Box 283 Hollister CA 95023 0 Bolsa Rd 053-380-007-000 MORAR PRANAV KANJI 1639 Foxtail Court Hollister CA 95023 0 San Felipe Rd. 053-380-014-000 CITY OF HOLLISTER 375 Fifth Street Hollister CA 95023 610 San Felipe Road 053-380-016-000 LOBUE TONY ET AL PO Box 283 Hollister CA 95023 0 Bolsa Road 053-410-002-000 DUNN MICHAEL E & ALOSI ALBERT 3111 Meadow Lane Hollister CA 95023 430 Gateway Drive 053-410-006-000 CHONG ANDY ET AL 1860 Dobbin Drive San Jose CA 95133 Gateway Dr. Lot 6 053-410-009-000 CHONG ANDY ET AL 1860 Dobbin Drive San Jose CA 95133 Gateway Dr. Lot 9 053-420-003-000 AIRPARK ASSOC LLC P.O. Box 721 Aptos CA 95001 Bolsa Rd. PCL B 053-420-006-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1951 Airway Drive lot 30 053-420-007-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1941 Airway Drive Lot 31 053-420-008-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1931 Airway Drive Lot 32 053-420-009-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 Aerostar Drive, Airway Drive Lot 33 053-420-013-000 CLINK ROBERT E & LIGIA 515 Lonetree Road Hollister CA 95023 1810 Airway Dr Lot 5 053-420-014-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1791 Airway Dr Lot 4 053-420-015-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1751 Airway Dr Lot 3 053-420-016-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 1710 Airway Dr Lot 2 053-420-017-000 AIRPARK ASSOC. LLC P.O. Box 2656 Hollister CA 95024 Airway Drive/Flynn Rd Lot 1 053-420-018-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 1700 Airway Drive/Flynn Rd Lot 13 053-420-023-000 ENZ 2018 REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1890 Aerostar Drive/Airway DR Lot 9 Created on: 3/21/08
Last Modified: 3/18/2022 4
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2022
Weed Abatement
Official List
Exhibit "A"
053-420-025-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 Aerostar Dr Lot 16 053-420-026-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 Aerostar Dr/Flynn Rd Lot 15 053-420-027-000 PLANCK PROPERTIES LLC 255West Foothill Blvd.Upland CA 91786 1910 Aerostar Drive/Airway Dr Lot 18 053-420-029-000 STALEY FAMILY TRUST 73 La Cima Lane Watsonville CA 95076 1930 Airway Dr Lot 20 053-420-030-000 KNH LLC A CALIF LTD LIAB CO 630 Tevis Trail Hollister CA 95023 1940 Airway Dr Lot 21 053-420-032-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1960 Airway Dr Lot 23 053-420-033-000 2018 ENZ REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1970 Airway Dr Lot 24 053-420-034-000 AIRPARK ASSOC LLC P.O. Box 2656 Hollister CA 95024 0 Airway Dr Lot 25 053-420-035-000 ENZ 2018 REV TRUST P.O. Box 1342 Tres Pinos CA 95075 1950 Airway Dr PCL A 053-420-036-000 ENZ 2018 REV TRUST P.O. Box 1342 Tres Pinos CA 95075 Airway Dr PCL B 053-420-038-000 AEROSTAR PROPERTIES LLC P.O. Box 2656 Hollister CA 95024 1871 Airway Dr lot 7 053-420-039-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 0 Flynn Rd Lot 1 053-420-040-000 BRADFORD WAY LLC 14573 Big Basin Way Saratoga CA 95070 1750 Airway Drive, Lot 2 053-420-041-000 GILLIAN JANE ENZ 2017 REV TRUST P.O. Box 805 Hollister CA 95024 1800 Airway Drive, Lot 3 053-420-042-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 0 Aerostar Dr PCL 2 053-420-043-000 HANSEN FAMILY TRUST P.O. Box 203 Watsonville CA 95077 1850 Airway Drive PCL 1 054-070-010-000 RIDGEFIELD STORAGE INC P.O. Box 30 Vancouver WA 98660 544, 640 McCray Street - Hollister CA 054-600-001-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 410 Hillcrest Road 054-600-002-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 0 Meridian Street 054-600-005-000 SARWAT S. FAHMY 331 Santa Rosa Drive Los Gatos CA 95032 0 Hillcrest Road 054-600-006-000 GUERRA ALBERT F ET AL P.O. Box 1117 Hollister CA 95024 0 Hillcrest Road 055-030-026-000 SOUTH STREET LLC A CALIF LTD LIAB CO PO Box 6150 San Jose CA 95150 0 South St Created on: 3/21/08
Last Modified: 3/18/2022 5
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2022
Weed Abatement
Official List
Exhibit "A"
055-150-026-000 BERLANGA FRANCISCO & CHERUB 7 Caryl Court Hollister CA 95023 1150 Suiter - Open Lot 055-180-053-000 BISHOPE E & R FAMILY TRUST 845 Lanini Drive Hollister CA 95023 1120 Homestead - 2 Open Lots 055-190-035-000 GRIMSLEY DAVID P 1055 Nash Road Hollister CA 95023 1045 Nash Rd 055-190-039-000 GRIMSLEY DAVID 1055 Nash Road Hollister CA 95023 1025 Nash Rd 055-220-038-000 NATMAR LPA CA LTD PART 12860 Star Ridge Court NATMAR A CA LIMITED PART Saratoga CA 95070 0 Glenmore Dr 055-220-039-000 NATMAR LPA CA LTD PART 12860 Star Ridge Court Saratoga CA 95070 0 Homestead Ave 056-250-024-000 CITY OF HOLLISTER MUNICIPAL CORP 375 Fifth Street Hollister CA 95023 901 Prospect 056-050-012-000 SOLVENCIA PROPERTIES 835 Prospect Ave Hollister CA 95023 835#A #D#H Prospect Ave. 057-070-064-000 PAGANO SURVIVOR'S TR ETAL 711 Calais Hollister CA 95023 0 Sunnyslope Rd/Versailles Dr 057-150-030-000 CITY OF HOLLISTER 375 Fifth Street Hollister CA 95023 0 Valley View Road 057-250-008-000 VANDERVOOT 1998 LIVING TRUST 1571 Valley View Rd Hollister CA 95023 1573 thru 1575 A,B,C, Valley View Rd 057-440-001-000 TOMASELLO/VANDERVOOT INVESTORS 120 Magladry Road Hollister CA 95023 0 Valley View Rd 057-440-002-000 PARRA EDMUNDO G & KATHERINE J ET AL 1701 Valley View Road Hollister CA 95023 1701 Valley View Rd 057-770-040-000 KING THOMAS ALBERT LIVING TRUST ET AL 1100 La Salina Court Punta Gorda FL 33950 2001 Memorial Drive 059-020-005-000 QUAIL RUN HOMEOWNERS ASSOCIATION 755 Nash Road Hollister CA 95023 755 Nash Rd "Open Space" Created on: 3/21/08
Last Modified: 3/18/2022 6
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HOLLISTER FIRE DEPARTMENT

Fire Station 1 110 Fifth Street ● Hollister, CA 95023-3926 Headquarters (831) 636-4325 • Fax (831) 636-4329

March 22, 2022

NOTICE TO DESTROY WEEDS
[GOVERNMENT CODE Section 39566]

NOTICE IS HEREBY GIVEN THAT on March 21, 2022 the City Council of the City of Hollister adopted Resolution 2022-41 declaring that noxious or dangerous weeds were growing upon or in front of the above-referenced property (“the Property”), and that said weeds and overgrown vegetation constitute a fire hazard subject to abatement. Reference is hereby made to Resolution 2022-41 for further particulars, a copy of which is on file in the office of the City Clerk, located at 375 Fifth Street, Hollister, CA, 95023.

City of Hollister has declared that the growth and accumulation of weeds in the incorporated areas of the city poses a fire, safety and public health risk and therefore declared weeds a recurring nuisance. Each property owner is responsible for abating the nuisance on the property/properties referenced above. THIS NOTICE APPLIES TO ALL LOTS AND PROPERTIES, whether vacant, undeveloped or improved lots. Undeveloped lot owners/caretakers must disc the properties and cross disc until weeds have been abated. Extra attention must be paid to weeds near property lines, fence lines, sidewalks, and must be maintained at all times. Improved lots less than 3 acres in size may abate the nuisance by mowing weeds to a height of ½ to 1 inch of the ground and maintain it at that height all year in accordance with Government Code 39560.

YOU ARE FURTHER NOTIFIED that by May 1, 2022 you must remove all weeds and over grown vegetation and maintain the property throughout the year, or the City will proceed to abate the nuisance and assess the costs thereof against the Property. If the City of Hollister abates your lot(s), there will be an added $250.00 administration fee per parcel in addition to the abatement costs.

Any owner objecting to any of the matters referenced herein may attend a Public Hearing of the City Council of the City of Hollister to be held on May 2, 2022 at 6:30 p.m., or as soon thereafter as the matter may be heard, at City Hall, 375 Fifth Street, Hollister, and such owner shall be heard and given due consideration. Failure to remove weeds within the time provided and/or object to the City’s proposed abatement will result in City abatement, with all costs, including the City’s administrative costs, assessed as a lien against the Property.

CITY OF HOLLISTER

Fire Chief Martin Del Campo
Hollister Fire Department
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 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. 2022-80, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER DECLARING A WATER SHORTAGE

EMERGENCY AND IMPLEMENTING THE WATER SHORTAGE CONTINGENCY PLANS

BRIEF DESCRIPTION: City Council will consider adopting a Resolution to Declare a Water Shortage Emergency and Implement Stage II of the Water Shortage Contingency Plan.

RECOMMENDATION: Council ADOPT a Resolution to Declare a Water Shortage Emergency and Implement Stage II of the Water Shortage Contingency Plan.

DEPARTMENT SUMMARY: Local water agencies implemented Stage 1 - Water Conservation Measures (voluntary) in May 2021 after Governor Newsom expanded his April drought emergency proclamation. In total, 41 counties were under a drought state of emergency, representing 30 percent of the state’s population. The expanded drought emergency proclamation added San Benito County. The water conservation measures that were implemented called for a volunta ry 15% reduction in water use compared to pre-drought usage.

In October 2021, Governor Newsom declared a drought emergency for the entire state of California.

The Water Year got off to a wet start with record snowfall in the Sierra’s in December 2021. Then the start of the new year saw an extremely dry stretch with virtually no rain or snow in January and February. Without those crucial months of snow and rain, the state has less water to fill major reservoirs, which are already low after two dry years.

The Bureau of Reclamation announced that south of the Delta contractors will receive a zero allocation for agricultural water users and Municipal and Industrial (M&I) customers will only receive 25% of historical allocations this year.

The Hollister Urban Area Water Management Plan 2020 states, when the combined total amount of water supply available to the District from all sources falls at or below the Stage II triggering levels, the District will declare a water shortage emergency. The water supply would not be adequate to meet the ordinary demands and requirements of water consumers without depleting the District’s water supply to the extent that there may be insufficient water for human consumption, sanitation, fire protection, and environmental requirements. These conditions are likely to exist until precipitation and inflow dramatically increases.

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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. 2022-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

DECLARING A WATER SHORTAGE EMERGENCY AND IMPLEMENTING THE

WATER SHORTAGE CONTINGENCY PLANS

The City of Hollister City Council does hereby resolve as follows:

PURSUANT to California Water Code Section 350 et seq., the City Council has conducted duly noticed public hearings to establish the criteria under which a water shortage emergency may be declared.

WHEREAS, The City of Hollister and the Sunnyslope County Water District receive water from the San Benito County Water District that is imported into our county from the Central Valley Project for municipal purposes; and

WHEREAS, The Water Year got off to a wet start with record snowfall in the Sierra’s in December 2021. Then the start of the new year saw an extremely dry stretch with virtually no rain or snow in January and February. Without those critical months of snow and rain, the state has less water to fill major reservoirs, which were already low after two dry years.

WHEREAS, The Governor of the State of California, in accordance with the authority vested in him by the state Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625 of the California Government Code proclaimed a State of Emergency to exist in the State of California due to current drought conditions; and

WHEREAS, The District is a federal contractor with the Bureau of Reclamation. It has been projected by the Bureau that south of the Delta contractors will receive a zero allocation for agricultural water users and Municipal and Industrial (M&I) customers will only receive 25% of historical allocations this year; and

WHEREAS, the demand for water service is not expected to lessen; and

WHEREAS, as stated in the Hollister Urban Area Water Management Plan 2020, when the combined total amount of water supply available to the District from all sources falls at or below the Stage II triggering levels, the District will declare a water shortage emergency. The water supply would not be adequate to meet the ordinary demands and requirements of water consumers without depleting the District’s water supply to the extent that there may be insufficient water for human consumption, sanitation, fire protection, and environmental requirements. These conditions are likely to exist until precipitation and inflow dramatically increases.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister that a water shortage emergency condition exists that threatens the adequacy of the water supply, until the water supply is deemed adequate. The City Council hereby implements the interim Stage II of the Water Shortage Contingency Plan.

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BE IT FURTHER RESOLVED, that the City Council shall periodically conduct proceedings to determine additional restrictions and regulations which may be necessary to safeguard the adequacy of the water supply for domestic, sanitation, fire protection, and environmental requirements.

BE IT FURTHER RESOLVED, that the Mayor is authorized to sign this Resolution on behalf of this City Council.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-80, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 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. 2022-81, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CONTRIBUTION OF

FUNDS TO BULLDOG BOXING GYM A NON-PROFIT ORGANIZATION

BRIEF DESCRIPTION: City Council will consider a Resolution approving the Contribution of $20,000 to Bulldog Boxing to help fund construction material costs at their new location.

RECOMMENDATION: Council ADOPT a Resolution approving the Contribution of $20,000 to Bulldog Boxing to help fund construction material costs at their new location.

DEPARTMENT SUMMARY: Bulldog Boxing Gym is a 501 (c) 3 non -profit organization that has been training young boxers in San Benito County for 30 years . Their involvement in our community has had a great impact in youth and young adults ranging from ages 7- 21. At the April 4th City Council Meeting, it was requested that the City contribute $20,000 to Bulldog Boxing Gym to help fund construction material costs at their new location.

FINANCIAL IMPACT: $20,000 (101-1100-740029)

CEQA: N/A

ATTACHMENTS:

1. Bulldog Boxing Appropriation Form

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING THE CONTRIBUTION OF FUNDS TO BULLDOG BOXING GYM A

NON-PROFIT ORGANIZATION

WHEREAS, Hollister has need for Youth activities; and

WHEREAS, Bulldog Boxing Gym is a 501 (c) 3 non-profit organization that has been training young boxers in San Benito County for over 30 years; and

WHEREAS, Bulldog Boxing Gym is in need of funding to continue providing their services for our community; and

WHEREAS, at the April 4th City Council Meeting the Council requested that the City contribute $20,000 to Bulldog Boxing Gym to help fund the construction material costs at their new location.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the contribution of $20,000 to Bulldog Boxing Gym for to help fund the construction material costs at their new location.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-81, 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 2nd day of May, 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 May, 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 Reserve 101 300101 20,000
Community Grants 101 1100 740029 20,000
Total 20,000 20,000

Explanation of Transaction:
$20,000 Contribution to Bulldog Boxing Gym for construction material costs at their new location.

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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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 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. 2022-82, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $75,500 AND A PROFESSIONAL SERVICES AGREEMENT WITH PECKHAM &

MCKENNEY EXECUTIVE SEARCH TO CONDUCT RECRUITMENT FOR

ASSISTANT CITY MANAGER, ADMINISTRATIVE SERVICES DIRECTOR, AND

DEVELOPMENT SERVICES DIRECTOR

BRIEF DESCRIPTION: City Council will consider a Resolution to approve an appropriation in the amount of $75,500 and a Professional Services Agreement with Peckham & McKenney Executive Search to conduct Executive Recruitment Services for Assistant City Manager, Administrative Services Director, and Development Services Director.

RECOMMENDATION: Staff recommends the City Council ADOPT a Resolution approving an appropriation of $75,500 and a Professional Services Agreement with Peckham & McKenney Executive Search to conduct Executive Recruitment Services for Assistant City Manager, Administrative Services Directo r, and Development Services Director.

DEPARTMENT SUMMARY: The City of Hollister has three (3) Executive positions that are currently vacant. At the March 14th City Council meeting, Staff received approval from City Council to release an Request for Proposal/Qualifications (RFP/Q) for executive search firms to assist in the selection of the following executive positions; Assistant City Manager, Administrative Services Director, and Development Services Director. Staff posted the RFP/Q on the City Website and emailed the RFP/Q to various agencies. The City Manager reviewed the two (2) RFPs received and based on the qualifications and experiences he has determined that Peckham & McKenney Executive Search is the best fit to conduct the recruitment process for Assistant City Manager, Administrative Services Director, and Development Services Director

FINANCIAL IMPACT: $75,500 (General Fund 101-1120-730000)

CEQA:N/A

ATTACHMENTS:

1. RFP Appropriation

2. Professional_Services_Agreement_Peckham_and_McKenney_Final.docx

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
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Brett Miller, City Manager

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RESOLUTION NO. 2022-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $75,500 AND A PROFESSIONAL SERVICES

AGREEMENT WITH PECKHAM & MCKENNEY EXECUTIVE SEARCH TO CONDUCT

RECRUITMENT FOR ASSISTANT CITY MANAGER, ADMINISTRATIVE SERVICES

DIRECTOR, AND DEVELOPMENT SERVICES DIRECTOR

WHEREAS, the City of Hollister has three executive Positions vacant; and

WHEREAS, the City Manager is in need of a qualified executive search firm to assist in the selection of an Assistant City Manager, an Administrative Services Director, and a Development Services Director; and

WHEREAS, at the March 14, 2022 City Council Meeting Staff received approval from Council to release a Request for Proposal/Qualifications (RFP/Q) for an executive search firm and was accepting RFPs for 30 days; and

WHEREAS, the City Manager reviewed the two (2) submitted proposals and is making a recommendation on an executive search firm to conduct the Assistant City Manager, Administrative Services Director, and Development Services Director recruitment; and

WHEREAS, Peckham & McKenney Executive Search has been determined to be well qualifies to provide such services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve an appropriation in the amount of $75,500 and a Professional Services Agreement with Peckham & McKenney Executive Search to conduct Executive Recruitment Services for Assistant City Manager, Administrative Services Director, and Development Services Director.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-82, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

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 Reserve 101 300101 75,000
Professional Services 101 1120 730000 75,500
Total 75,500 75,000

Explanation of Transaction:

Professional Services Agreement with Peckham & McKenney Executive Search

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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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 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. 2022-83, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING AN AIRPORT ACCESS

PERMIT (THROUGH THE FENCE AGREEMENT) WITH ZEROAVIA AND

AUTHORIZES THE CITY MANAGER TO EXECUTE SUCH AGREEMENT

BRIEF DESCRIPTION: This Resolution will approve an Airport Access Permit (“Through the Fence Agreement) with Zeroavia, at 1961 C Airway Drive, Hollister Municipal Airport in the amount set forth in the Agreement.

RECOMMENDATION: City Council consider a Resolution APPROVING an Airport Access Permit (“Through the Fence Agreement) with Zeroavia.

DEPARTMENT SUMMARY: Zeroavia is the owner of the aircraft being stored on real property contiguous and immediately adjacent to the physical property of the Airport.

Paul Owen from Zeroavia is requesting on a year-to-year agreement for an Airport Access Permit (Through the Fence Agreement) which provides for the right of access to taxi aircraft to and from the real property adjacent to the Airport property.

Permittee agrees to pay the airport access permit fee(s) to the City as follows:

1) Yearly Base Fee: The yearly base fee of $840.00 is based on the rates and charges of other on-airport existing tie- down tenants and operators making similar use of the Airport. The yearly base fee is fixed by the City Council. For the purposes of this agreement, the yearly base fee to be paid is $70.00/ month. The Yearly base fee is subject to annual adjustments.

2) Usage Fee: A usage fee shall be fixed by the City council for each airport access permit based on the number of aircraft in use and operating through the fence access by the Permittee. For the purposes of this agreement, the usage fee to be paid is $25.00/month on a per aircraft basis. This fee will be increased in accordance with the on-airport fees outlined above-through the term of this agreement.

The terms and conditions of the “Through the Fence Agreement” are described in the attached Airport Access Permit. Staff request that Council consider adopting a Resolution to authorize the Hollister Municipal Airport to enter into an agreement with Zeroavia and authorize the City Manager to execute the attached agreement.

FINANCIAL IMPACT: Increase in Airport revenue $840 per year and $25/month on a per aircraft basis

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CEQA: N/A

ATTACHMENTS:

1. Airport Access Permit

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AIRPORT ACCESS PERMIT (THROUGH THE FENCE

AGREEMENT) WITH ZEROAVIA AND AUTHORIZES THE CITY MANAGER TO

EXECUTE SUCH AGREEMENT

WHEREAS, Zeroavia is the owner of the aircraft being stored on real property contiguous and immediately adjacent to the physical property of the Airport ; and

WHEREAS, they are requesting on a year-to-year agreement for an Airport Access Permit (Through the Fence Agreement) which provides for the right of access to taxi aircraft to and from the real property adjacent to the Airport property; and

WHEREAS, Permittee agrees to pay the airport access permit fees bringing revenue to the Airport; and

WHEREAS, the terms and conditions of the “Through the Fence Agreement” are described in the attached Airport Access Permit and can be reviewed in the files located at the City Clerk’s Office.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister to authorize the Hollister Municipal Airport to enter into an agreement with Zeroavia and authorize the City Manager to execute such agreement.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-83, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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AIRPORT ACCESS PERMIT
This airport access perm it ("Agreement") is made and entered into this18th day of Apri l 2022 ("Effective Date"), by and between the City of Hollister, a Cal ifornia municipal corporation (referred to as "City" or "Owner"), and Zeroavia (referred to as "User" or "Permittee"), as follows:

RECITALS
This Agreement incorporates and is based upon the following representations and understandings :

WHEREAS, the C ity is the own.er and operator of the Hollister Municipal Airport (referred to as "Airport"), located in the County of San Benito , State of Ca lifornia , with the power to grant an airport access permit with respect to the Airport and pursuant to the provisions of the City of Hollister Municipal Code Chapter 13 .28 , among other federal , state , and local laws, rules , and regulations; and strategize
WHEREAS, Hollister Mun icipal Airport is a federa ll y ob li gated nonprimary public- use General Aviation airport included in the National Plan of Integrated Airport Systems (referred to as "NPIAS"); and
WHERAS, the federa l obligation to make an airport avai lable for the use and benefit of the public does not impose any requirement on the City to permit access to the A i rport from adjacent propert ies; and WHEREAS, the City retains the right to take action shou ld a safety and/or security concern require fencing around the Airport and closing the access to the real property for which this permit is issued; and
WHEREAS, the Permittee is the owner of the aircraft being stored on real property contiguous and immediately adjacent to the physical property of the Airport ; and WHEREAS, the airport access permit only provides for the right of access to taxi aircraft to and from the real property adjacent to the Airport property.

NOW, THEREFORE, and in consideration of the mutual terms and conditions hereinafter set forth , the Owner and Permittee hereby agree to the following:

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ARTICLE I-AIRPORT ACCESS
PERMIT
Legal description of Permittee's real property for which an airport access permit is issued :

Parcel Number 053-420-046
1961c Airway Drive , Hollister, CA 95023
Airplane that will be kept at this location is:

Dornier 228 ; twin engine passenger plane
N228ZA DO-228-202 , Serial Number 8097
Permittee's Name : ZeroAvia
(Print Name)
Permittee's Address : 1961c Airway Drive
(Street)
Hollister, CA 95023
(City, State , Zip)
Aeronautical activity or use permitted:

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ARTICLE II -TERM OF AGREEMENT
The term of this Lease Agreement shall be a year to year lease commencing on April 18, 2022 and unless terminated by either party under the provisions of this Lease and shall automatically renew each year as long as the Permittee occupies the TTF property and is in good standing with the owner. Upon the consent of the Owner, this Agreement may be renewed, subject to any changes deemed necessary by the Owner and updated by the Owner's permit fee schedule.

ARTICLE Ill -PROHIBITIONS
Uses of the property for which an airport access permit is issued shall be restricted to those uses defined in the City of Hollister Municipal Code Chapter 13.28.070 -Land Use Control. Uses specifically not to be allowed are aeronautical and aeronautical- related services to the general public. No airport access will be permitted from any residential dwelling or residential facilities.

The Permittee shall not have a right to grant or sell access through its property for which an airport access permit is issued so other parties may gain access to the Airport.

The Permittee shall not have a right to assign or transfer in whole or in part, this Agreement nor any right granted hereunder without the express prior written approval of the City. The City shall have the right to amend the terms of the Agreement to reflect a change in value to the real property for which an airport access permit is issued at the time of the sale if the airport access permit is to continue.

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ARTICLE IV -AIRPORT ACCESS PERMIT FEE
Permittee agrees to pay the airport access permit fee(s) to the City as follows:
1) Yearly Base Fee
The yearly base fee of $840.00 is based on the rates and charges of other on- airport existing tie-down tenants and operators making similar use of the Airport.

The yearly base fee is fixed by the City Council. For the purposes of this agreement, the yearly base fee to be paid is $70 .00/ month. The Yearly base fe.e is subject to annual adjustments.
2) Usage Fee
A usage fee shall be fixed by the City council for each airport access permit based on the number of aircraft in use and operating through the fence access by the Permittee. For the purposes of this agreement, the usage fee to be paid is $25.00/month on a per aircraft basis. This fee will be increased in accordance with the on-airport fees outlined above-through the term of this agreement.

All payments required to be made by the Permittee under this Agreement shall be made payable to
the City of Hollister, and shall be delivered or mailed to the address below:

City of Hollister
Re: Hollister Municipal Airport Access
Permit Fee 327 Fifth Street
Hollister, CA 95023
In the event Permittee fails to remit any payments when the same are due, a late fee of ten percent ( 10%) shall be charged by the City . In the event Permittee shall become delinquent for more than thirty-one (31) days, the airport access permit may be terminated by the City as further defined in Article X -Termination of Agreement.

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ARTICLE V -CONDITIONS AND RESTRICTIONS
Permittee's right hereunder to access the Airport shall be subject to the following conditions:
1) The City shall require all pedestrian, vehicular and aviation access points between the real property for which an airport access permit is issued or portion thereof, and real property outside of the permitted property or portion thereof, be controlled using automated control-access devices, automated gate operators, closers with automatic locks or other such reliable securing devices, or other means of affirmative security control acceptable to the Airport , that serves to continually safeguard the airport from unauthorized access. The City manager, the Airport manager or designee, or any other authority having jurisdiction for operation and safety of the airport including the Federal Aviation Administration (referred to as "FAA"), the Transportation Security Administration (referred to as "TSA"), and Caltrans, shall have the right at any time to inspect the real property for which an airport access permit is issued for conformance with this Agreement; and
2) The City manager and/or the Airport manager or designee, is authorized by this Agreement to take appropriate action to ensure the airport is safeguarded , including the temporary overriding of gates, doors, closers and locks of damaged or otherwise found inoperable gates and doors, or the placement of blockades or other types of barriers or security fencing as needed to secure the Airport.

Such safeguards, when taken, shall be clearly posted as Airport security perimeter and shall not be removed except as authorized by the City manager or Airport manager; and
3) All safety, security , and operational rules and regulations established by the FAA and/or Caltrans, by any City ordinance , rule, regulation, policy, standard , or permit, or by any other regulatory authority with jurisdiction at the Airport whether currently in effect , hereafter adopted , or as may be amended, modified, changed , or superseded , shall be applicable to the real property for which an airport access permit is issued; and

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4 ) Access gate(s) and door(s) placed by Permittee which restrict access from the real property for which an airport access permit is issued to the Airport shall include a sign stating no-trespassing , emergency contact information and building address for Airport personnel , and such other information as the City manager and Airport manager or designee may require. The form and content of such signage shall be subject to the approval of the Airport manager or designee ; and S) All des igns and specifications for the security measures and means of access from the real property for which a permit is issued to the Airport , shall be subject to the prior review and approval by the City manager and Airport manager or designee.

The Permittee shall obtain and submit to the City all approvals required by the FAA and TSA .
6) Development and improvements on real property for which an airport access permit is issued must be in compliance with the Airport's Airport Layout Plan .

Permittee shall submit form 7460-1 to the FAA prior to beginning constructing any building or structure on the real property for which an airport access permit is issued. Permittee conducting construction activities shall be responsible for assuring that construction traffic and activities does not interfere with the normal day to day operations of the Airport , does not create a safety hazard , does not comprom ise the airfield security integrity, and does not result in wear and tear on improved areas of the Airport.

ARTICLE VI -CONSTRUCTION AND MAINTENANCE OF PRIVATE-USE

INFRASTRUCTURE
It is understood and agreed that the Permittee at the Permittee 's sole cost and expense , shall construct all infrastructure requ ired for taxiing aircraft to and from the real property for which this permit is issued to the existing Airport taxiways. All required infrastructure such as taxiway(s), taxi lane(s), apron(s), airfield directional sign(s), taxiway/taxi lane lighting system(s), airport security fencing , airport access gate(s), airport security controls , shall be acceptable to the Owner , and shall be listed and depicted in Exhibit "1" to this agreement. It is understood and agreed that the Permittee shall comply

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with and abide by all environmental laws, rules, regulations , standards , and policies of any governmental authority whether federal, state or local , and including, without limitation, the Environmental Protection Agency (or its successor entity), the State Water Board (or its successor entity) and the City , and shall file any and all reports and provide any such information as may be required by any such governmental authority in connection therewith . Accordingly, Permittee covenants and agrees as follows:
1) Construction and Maintenance
To construct the infrastructure on the Owner's property as may be required to permit access to taxi aircraft to and from the real property for which this permit is issued to the existing Airport taxiways. All construction on Owner's property must be approved by Owner prior to the commencement of construction .

During the term of this Agreement, Permittee shall be solely responsible for all maintenance of said private-use infrastructure and shall at all times maintain it in good repair.

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2). Construction Costs
Notwithstanding anything herein contained to the contrary, Permittee expressly agrees to pay any and all costs associated with private-use infrastructure required by the Owner. These costs are in addition to the access fee(s) described in Article IV-Airport Access Permit Fee above.

ARTICLE VII -AGREEMENT SUBORDINATE TO GRANT ASSURANCES,

AGREEMENTS WITH UNITED STATES AND FEDERAL OBLIGATIONS
This Agreement shall be nonexclusive and shall at all times be subordinate to the provisions of any existing or future agreements between the Owner and the United States Government, or to any order issued by the United States Government, or to any grant assurances of the Airport, or to any of the Airport's or the Owner's federal obligations.

This Agreement, in the City's sole discretion , is subject to the initial and ongoing approval and consent by the FAA and by Caltrans, and is subject to the terms, conditions and requirements of any existing or future grant agreement(s) or grant assurance(s) at or in connection with the Airport and may be revoked , terminated or canceled immediately if the airport access permit is in violation of any such grant agreement(s) or grant assurance(s) or any FAA or Caltrans policy, rule, permit, standard, or regulation, or any local, state or federal law, policy, rule, permit, standard, or regulation, whether currently in effect, hereafter adopted, or as may be amended, modified, changed, or superseded.

The Permittee agrees to abide by the Airport Rules and Regulations in effect as of the date of this agreement and as may be amended from time to time.

ARTICLE VIII -ADJUSTMENT TO PROPERTY, STATED USE OR

IMPROVEMENTS
Modifications to the real property for which an airport access user permit is issued, by platting or re-platting is prohibited without the express prior written approval of the City.

The Permittee shall report in writing to the City any such modification intent. Upon such intent notice, the City at its sole discretion will terminate the airport access permit or will amend the Agreement to reflect the modified property area and applicable access fee,

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and a pro-rata adjustment to the airport access fee shall be made as appropriate.

Modification to the stated use of the real property for which an airport access permit is issued is prohibited without the express prior written approval of the City. The Permittee shall report in writing to the City any such modification intent. The City shall investigate the intended modification of the stated use, and if the City concludes at its sole discretion, that the intended modification to the stated use will be in violation of this Agreement the Permittee will not proceed with the modifications to the use.

The City will provide written notification of its conclusions to the Permittee. If the City concludes the intended modification of the stated use is not in violation of this Agreement the City will amend the Agreement to reflect the modified stated use. and applicable access fee, and a pro-rata adjustment to the airport access fee shall be made as appropriate.

Modifications to security improvements on the real property for which an airport access permit is issued or modification to improvements that would materially change the Airport security integrity , is prohibited without the express prior written approval of the City. The Permittee shall report in writing to the City any such modification intent. Upon such intent notice , the City shall investigate the intended modifications, and if the City concludes at its sole discretion, that the intended modifications will be in violation of this Agreement the Permittee will not proceed with the modifications . The City will provide written notification of its conclusions to the Permittee. If the City concludes the intended modifications are not in violation of this Agreement and if required, the City will amend the Agreement to reflect the modifications and applicable access fee, and a pro-rata adjustment to the airport access fee shall be made as appropriate.

ARTICLE IX -INDEMNITY
Permittee agrees, to the fullest extent permitted by law, to indemnify and hold harmless Owner and its past, present and future officers, directors, agents, employees and representatives from and against all liability for any and all claims , suits, demands , and/or actions arising from or based upon intentional or negligent acts or omission on the part of Permittee, its owners, officers, directors, agents,

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representatives, employees , members, visitors, invitees , contractors or subcontractors which may arise out of or result from the Permittee's occupancy or use of the facilities on the real property for which an airport access permit is issued and City owned property , and/or activ ities conducted in connection with or incidental to this Agreement. The Permittee shall also indemnify the Owner and its past, present and future officers, directors , agents , representatives and employees against any and all mechanic's and material's liens or any other types of liens imposed upon Owner owned property arising as a result of the Permittee's conduct or activity . This indemnity provision shall apply regardless of the nature of the injury or harm alleged , whether for injury or death to persons or damage to property, or whether such claims are alleged as common law, statutory or constitutional claims , or otherwise . This indemnity provision shall apply whether the basis for claims, suit , demand and/or action may be attributable in whole or in part to the Permittee or any of its owners , officers , directors, agents, representatives, employees, members , visitors, invitees, contractors or subcontractors , or to anyone directly or indirectly employed by any of them.

ARTICLE X -TERMINATION OF AGREEMENT
1) Events of Default by User:

Owner, at its option , may declare this Agreement terminated in its entirety upon the happening of any one or more of the following events and may exercise all rights related to the termination of this Agreement:

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a) The User's airport access permit fee(s) outlined in Article IV-Airport Access Permit Fee, or any part thereof, are unpaid for thirty (30) days; or b) If User shall file a voluntary petition in bankruptcy, or make a general assignment for the benefit of creditors, or if the User is adjudicated as bankrupt, or User otherwise assigns or attempts to assign its interest herein without the required prior written consent of Owner; or
c) If User shall use or permit the use of the User's premises at any time for any purpose which is not authorized by this Agreement, or if User shall use or permit the use thereof in violation of any law, rule, or regulation (including the Airport rules and regulations), to which the User has agreed to conform; or d) User fails to meet any term or condition of this Agreement. 2) Notice of Default:

If the User shall default in the performance of any other term of this Agreement (except the payment of fees), then the Owner shall send to the User a written notice of default, specifying the nature of the default, and User shall, within thirty (30) days after the date of the notice , cure and remedy the default, and this Agreement shall then continue as before.
a) If the User shall fail to timely cure and remedy such default, the Owner shall have the right to declare, by written notice to the User, that the User is in default , and to use all remedies available to the Owner under this Agreement.

However, if by its nature, such default cannot be cured within such thirty (30) day period, such termination shall not be effective if the defaulting party commences to correct such default within said thirty (30) days and corrects the same as promptly as reasonably practicable.
b) Termination of this Agreement for non-payment of fees to Owner by User shall not become effective until after the expiration of thirty (30) days written notice thereof by Owner to User and User fails to pay all monies owed fully within said period.

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ARTICLE XI -NOTICES

1. Notice/Addresses: All notices , requests , or other communications , required or permitted to be g iven hereunder shall be in writing and delivered by certified or registered mail , addressed to the appropriate party at its address as follows:

City or Owner
City of Hollister
Attn: City Manager
375 Fifth Street
Hollister, California 95023
Phone:
(831) 636 4300x1015
Copy to: City of Hollister
Attn: Airport Director
60 Airport Drive
Hollister, California 95023
Phone: (831) 636-4365
Permittee
ZeroAvia
Paul Owen
90 Skylane Drive
Holl ister, Californ ia 95023

ARTICLE XII -CERTIFICATIONS
The undersigned Perm ittee and Organization named below hereby certifies that the Perm ittee shall agree to abide by and comp ly with all laws , ord inances, rules, regulations and requirements of all governmental agencies and authorities now in force , or which may hereafter be in force , pertain ing to the Airport. The judgment of a court of competent jurisdiction , or the adm ission in any action or proceed ing , whether the City is a party thereto or not , of the violation of any such law , ord inance , rule, regulation or requirement shall be conclus ive evidence of that fact ; and
Furthermore, the undersigned Permittee and Organization named below hereby certifies that the Permittee shall agree to abide by and comp ly with all conditions , requ irements and terms of any ex isting and future federa l or state grant agreement pertaining to the Airport.

Fai lure to comp ly with any or a ll terms and conditions of the permit shall cause immed iate revocation and cancellation thereof.

IN WITNESS WHEREOF, th is Agreement has been executed by the duly authorized officers or representatives of each of the parties on the date first shown above.

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City:

CITY OF HOLLISTER ,
a municipal corporation
By:

Brett I Miller, City Manager
Perm ittee: ------------
(Company)
By:
~fliZ;)-_
(Sig nature)
?A--1(.,, J. {)11Je.J p 2..£9eo;\V1A
(Print Name) 4 -2-, -z... o "'l.-,_
Note: Signatures must be notarized

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CALIFORNIA ALL-PURPOSE

CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of 01 A ~ 1 ~Th
)
)
A notary public or other officer complet i ng this certificate verifies only the identity of the ind ividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or va lidity of that document.

On hp i;.j 2J . 1P 2 2_ before me, Nova Romero, Notary Public, personally appeared date p ~ Ow~
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies ), and that by his/her /their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.

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

WITNESS my hand and official seal.

OPTIONAL IN FORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT:

Th e Cert ificate of Acknowledgment above is attached to the document titled/regarding A,v:~ A-c C-e S S ~& \116 tc \,l)\ 7e.Ko AJ.. 0--d
consisting of M pages (including this Acknowledgment), and dated Y -L l ~ LO L-L-- Th e capacity(ies} claimed by the signer is/are as:
ln d iv idual (s}
D Corporate Officer(s}:

D Partner(s}
D Attorney-in -Fact
D Trustee(s)
D Othe r: _______________________________ _
Compliant with California Civil Code Sect,on 1189 rev. /\Jov. 2014

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 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. 2022-84, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING A DOWNTOWN

REVITALIZATION PROGRAM - LOW INTEREST LOAN FOR RESTAURANTS AND

COMMERCIAL/NON-KITCHEN BUSINESSES, ADA IMPROVEMENTS LOAN, DOWNTOWN BEAUTIFICATION GRANT, AND SIDEWALK REPAIR PROGRAM.

BRIEF DESCRIPTION: City Council will consider adopting a Resolution to establish a Downtown Revitalization Program - Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses, ADA Improvements Loan, Downtown Beautification Grant to increase the vibrancy of the Downtown area, and a Sidewalk Repair Program.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution establishing a Downtown Revitalization Program - Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses, ADA Improvements Loan, Downtown Beautification Grant to increase the vibrancy of the Downtown area, and a Sidewalk Repair Program.

DEPARTMENT SUMMARY: The American Rescue Plan Act of 2021 ("ARPA") included the Coronavirus Local Fiscal Recovery Fund to provide $350 billion for states, municipalities, counties, tribes, and territories to assist with pandemic -related response activities. Under ARPA guidelines, municipalities with a population of less than 50,000 are considered "non-entitlement units of local government ("NEUs") and funding will be distributed by the U.S Department of the Treasury to States, and then to NEUs.

The City of Hollister will receive approximately $9,745,874 through the American Rescue Plan Act over two years. One of the four categories of eligible uses is to respond to the public health emergency or its negative economic impacts, including assistance to households, small business, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality.

With that in mind, Staff is proposing to develop a Downtown Revitalization Program for Restaurants and Small Business to increase th e vibrancy of the Downtown area. This would include incentives to establish additional re staurants in the Downtown area along with establishing a program to help small business throughout Downtown.

The Downtown Revitalization Program would be composed of the following categories:

 Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses ($2 Million)
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 ADA Improvements Loan ($250,000)
 Downtown Beautification Grant ($250,000)
 Sidewalk Repair Program ($500,000)

Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses- City would provide a fifteen year with a 2% simple interest rate loan program for the Development of new businesses in the Downtown area up to $2,000,000 in total loans.

The recommended loan amounts are as follows:

Restaurant with a Kitchen $150,000
Retail or Restaurant type with no Kitchen $50,000

The Businesses would have to provide a business plan and proof of expenses.

Business that can benefit may range from 13-40 depending on the loan amount.

ADA Improvements Loan- Not to exceed a total expenditure of $250,000. Business loans would not exceed $50,000, allowing us to assist five (5) Businesses. The loans would also be for fifteen years with a 2% simple interest rate.

Downtown Beautification Grant- Due to the positive feedback received from the Pilot Parklet Program, Staff is proposing $250,000 be designated to proving funding for additional Parklets and other Downtown Beautification.

Sidewalk Repair Program- Not to exceed a total expenditure of $500,000 on sidewalk repairs throughout the City.

FINANCIAL IMPACT: $ 3 Million from ARPA Funding

CEQA: N/A

ATTACHMENTS:

1. Budget Transfer-Appropriation Form

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING A DOWNTOWN REVITALIZATION PROGRAM- LOW INTEREST LOAN

FOR RESTAURANTS AND COMMERCIAL/NON-KITCHEN BUSINESSES, ADA

IMPROVEMENTS LOAN, DOWNTOWN BEAUTIFICATION GRANT, AND SIDEWALK REPAIR PROGRAM.

WHEREAS, COVID-19 has had an economic impact on businesses in our community; and

WHEREAS, the President of the United States signed into law the American Rescue Plan Act (ARPA) to provide continued relief from the impact of the COVID-19 pandemic; and

WHEREAS, one of the four categories of eligible uses is to respond to the public health emergency or its negative economic impacts, including assistance to households, small business, and nonprofits, or aid to impacted industries suc h as tourism, travel, and hospitality; and

WHEREAS, the City of Hollister recognizes the need to establish a Downtown Revitalization Program that consists of a Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses, ADA Improvements Loan, Downtown Beautification Grant Program to increase the vibrancy of the Downtown area, and Sidewalk Repair; and

WHEREAS, the Downtown Revitalization Program expenditures would be composed of the following:

Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses ($2 Million)
ADA Improvements Loan ($250,000)
Downtown Beautification Grant ($250,000)
Sidewalk Repair Program throughout the City ($500,000)

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister Approving a Downtown Revitalization Program- Low Interest Loan for Restaurants and Commercial/Non-Kitchen Businesses, ADA Improvements Loan, Downtown Beautification Grant, and Sidewalk Repair Program.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 2nd day of May, 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. 2022-84, 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 2nd day of May, 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 May, 2022.

Christine Black, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

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 Reserves 312 300101 3,000,000
Professional services 312 1100 730000 3,000,000
Total 3,000,000 3,000,000

Explanation of Transaction:

To budget appropriations for use of ARPA funds.

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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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 11, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief
CONTACT: Rosie Betanio, Lieutenant
831-636-4330

TITLE OF ITEM: INFORMATIONAL ON FENTANYL OPIOID USE IN OUR

COMMUNITY

BRIEF DESCRIPTION: The Hollister Police Department and Opioid Task Force will provide a short presentation on the fentanyl/opioid epidemic in our community.

RECOMMENDATION: Staff recommends City Council of the City of Hollister receive the presentation and provide the staff opportunity to answer any questions.

DEPARTMENT SUMMARY: Mary White, Pharm D. from San Benito Opioid Task Force, and Sergeant Michael Paddy from the Hollister Police Department will present a short PowerPoint on the current state of the opioid/fentanyl issue in the City of Hollister.

The presentation will cover the role of the coalition, statistics on overdose deaths and non-fatal overdoses, opioid prescription rates in San Benito County, and actions being taken.

ATTACHMENTS:

1. SBC Opioid Task Force Update BOS & CC Presentation-final no notes MW

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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SAN BENITO COUNT Y

OPIOID TASK F ORCE
UPDATE
APRIL 2022
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ES T.2017
Local community opioid
coalition committed to
preventing overdoses and
deaths in San Benito County
through partnership response
and prevention efforts.
•Cross-Collaborative
•Action-Oriented
•Grown to > 50
members
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SAMPLE FOOTER TEXT
ROLE:

Bring the stakeholders
together
Share information and
data
Bring awareness to the
community
Ta ke action through
coalition members and
partners
The role of the coalition
is not to provide direct
services for treatment,
but to engage coalition
members and par tners
who can
The role of the coalition is not to provide direct services for treatment, but to engage coalition members and partners who can
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FOCUS
AREAS:
•Naloxone
training/distribution
•Education/outreach
•Safe Disposal
•Safe Prescribing
•Expanding treatment
resources
•Fentanyl
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WHAT HAPPENED?
üEDUCATION/OUTREACH
-PRESENTAT IONS
-MULTI-MEDIA PLATFORMS
-RESOURCE GUIDE üSAFE DISPOSAL
-EXPANDED #MED DISPOSAL SITES
>1600 POUNDS COLLECTED
üSAFE PRESCRIBING
50% DECREASE IN OPIOID RX RATE
üNALOXO NE (NARCAN®)
-HUNDREDS TRAINED
> ONE THOUSAND DOSES DISPERSED
üWEBSITE
-WWW.SBCOPIOIDTASKFORCE.OR
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OVERDOSE DEATHS
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Overdose Deaths in San Benito County
■ Other Drug Deaths Fentanyl-Related
2021 *** ***More Deaths Pending Toxicology
2020
2019
2018
2017
2016
2015
0 1 2 3 4 5 6 7 8 9 10
Data Source : San Benito Sheriff's Office

NON-FATA L OVERDOSES
Naloxone Administrations
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45 40
35 30
25 20
15 10
5 0
Individuals Administered Naloxone by EMS i
San Benito County
2017 2018 2019 2020 2021
Data Source : San Benito County Office of Emergency Services

OPIOID PRESCRIPTION RATE S AN BENITO COUNT Y
AGE-ADJUSTED PER 1,000 RESIDENTS
Data Source: CDPH’s
CA Overdose Surveillance
250
300
350
400
450
500
2017 2018 2019 2020 2021 Q1
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SAMPLE FOOTER TEXT

FENTANYL
20XX 9
A power ful opioid, like codeine, oxycodone, heroin….50 to 100 times stronger than morphine.

Exposure to even small amounts can cause overdose and death Can be made illegally in street labs
Can be added to other drugs
Used in counter feit pills made to look like prescription pills such as OxyContin, Percocet, and Xanax
People take these pills thinking they are taking a prescription pill such as oxycodone, unaware that it may contain lethal doses of fentanyl
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AC TIONS
§Fentanyl Advisory to community-press
release, social media
§Fentanyl Billboard
§Fentanyl tab on website
§Fentanyl Test strips implemented (HHMH,
Probation, Sheriff Office)
§Tr uNarc device
§First Watch
§HHMH ED Medication Assisted Treatment
program
§Expanded naloxone trainings
§Narcan Leave Behind Kits
§More Tri-county collaboration (Monterey,S.

Cruz, San Benito)
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THANK YOU
San Benito County Opioid Task Force (sbcopioidtaskforce.org) G.3.a
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SAN BENITO COUNTY

OPIOID TASK FORCE

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

SPONSOR(S): Perez

TITLE OF ITEM: REPORT-JERRY GABE DOG PARK

BRIEF DESCRIPTION: Staff will provide a brief report on the Jerry Gabe Dog Park “Bark Park”.

RECOMMENDATION: Staff recommends that the City Council of the City of Hollister receive the report and provide direction to staff on how the Council wishes to proceed.

DEPARTMENT SUMMARY: Staff worked with Peacekeeper K9 Services to offer a no cost Dog Park Etiquette Class to residents, the first class begins May 21st. Classes will resume on the 1st & 3rd Saturday of every month from 9:00 to 10:00 a.m , no classes in November and December. Each participant must register through the Parks and Recreation Department. The Instructor will work with 15 residents and their dog then allow 20 residents as by-standards to listen in on dog park etiquette. Before the dogs can participate the owner must show proof of current vaccines such as DHLPP, Rabies, Bortatella, and CIV.

Dog Park shade structures will be installed in June, the order was placed months ago and staff received confirmation the beginning of April 2022 that the structures will arrive the beginning of June 2022. Additional garbage cans and picnic tables were placed in different areas at the park.

The irrigation at the park continued to have leaks and broken valves but the current landscapers have repaired leaks, valves and maintain the irrigation control clock.

Attached to this report is a cost estimate and provides different options for lawn restoration and maintenance.
1) Lawn seeding will require the area of the park closed for six (6) weeks. Cost estimate is $3,580.00
2) Sod installation will require a four (4) week closure. Cost estimate is $9,505.00

ATTACHMENTS:

1. Jerry Gabe Lawn Quote

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RECIPIENT:

City of Hollister
Jerry Gabe Memorial Park
San Felipe Rd and Fallon Rd
Hollister, California 95023
Estimate #1313
Sent on 04/21/2022
Total $0.00
PRODUCT / SERVICE DESCRIPTION QTY.UNIT
PRICE
TOTAL
Not included
Lawn Seeding
Approximately 6500 sq. ft.

Scarify & Grade Bare Areas
Seed & Top Dress
Fence Off Areas
1 $3,580.00 $3,580.00
Not included
Install Sod Approximately
6500 sq. ft.

Scarify & Grade Bare Areas
Install Sod
Fence Off Areas
1 $9,505.00 $9,505.00
Prices described above effective for 30 days from date of this quote.

To confirm work and prices, please sign and return this quote.

Signature: _____________________ Date: _____________ Total $0.00
Smith & Enright Landscaping, Inc
540 Work St Suite C | Salinas, CA 93901
(831) 758-6766 | [email protected] | smithenright.com G.4.a
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 20, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager
CONTACT: Tina Garza, Recreation Services
Manager
831-636-4390

SPONSOR(S): Burns

TITLE OF ITEM: REPORT ON VISTA PARK HILL

BRIEF DESCRIPTION: Staff will provide a brief report on Vista Park Hill.

RECOMMENDATION: Staff recommends that the City Council of the City of Hollister receive the report and provide direction to staff on how the Council wishes to proceed.

DEPARTMENT SUMMARY: At the February 2, 2022 Councilmember Burns requested a report on the City’s intentions and ideas on what to do with Park Hill.

After some research staff found the following:

In 2009, the Vista Park Hill Master Plan was developed and a pproved. The master plan seeks to identify circulation and ADA accessibility improvements within the existing developed 5 acres of the park. The master plan also proposed development for the 14 acres of City-owned park land immediately surrounding the park to develop the park to its full potential as a 19 acre public recreation amenity in central Hollister. The VPH Master Plan was implemented into the Park Facility Master Plan approved by Resolution 2019-112 on May 20, 2019. The improvements are proposed in phases and include a timeline and estimated cost.

After reviewing the Park Facility Master Plan staff proposes the following:

An off-leash dog park and a low-cost spay neuter clinic. Funding from this project can be subsidized with the Helen Ross Fund that was gifted to the Hollister Police Animal Care & Services Department.

In addition to the dog park, staff proposes other amenities that include installing a tennis/pickleball court, renovating the softball field and an outdoor archery range. Staff met with a few residents that inquired about using their bow & arrows in the park. Staff felt the use of the equipment in a current city park was not a safe setting. After further discussion the idea of placing an archery range at Vista Park Hill in the area known as the bowl would be a better suited location for the activity.

Lastly, staff proposes a greenway trail system at the park that would connect the park and surrounding neighborhoods. A greenway trail is a shared -use path that is a paved trail separated from the roadway and may be used by bicyclists, joggers, and walkers.

These multi-use trails are for the recreation and enjoyment of all residents. Residents will have the opportunity to use the greenways, and these greenway trails serve both as transportation and recreation corridors.

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ATTACHMENTS:

1. VPH Master Plan

2. VPH CIP

3. Vista Park Hill Report-Presentation

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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APPENDIX D
VISTA PARK HILL MASTER PLAN, 2009
The Vista Park Hill Master Plan was developed and approved in 2009 . The Master Plan seeks to identify circulation and ADA accessibility improvements within the existing developed 5 acres of the park. The Master Plan also proposes development for the 14 acres of City- owned park land immediately surrounding the park to develop the park to its full potential as a 19-acre public recreation amenity in central Hollister.

The improvements are proposed in phases, beginning with Phase 1-A to improve circulation, accessibility, and amenities within the existing 5 acre park area. Phase 1-B includes the construction of a road connection to North Street (Buena Vista Road), a desirable component of the plan which will improve overall park circulation and accessibility. Phase 2 extends to improvements in the area of the existing softball diamond . Phase 3 encompasses the majority of the new acreage to be added to the park's usable recreation area .

This phase includes a network of walking trails and the inclusion of added active and passive recreational areas. The final component is the Phase 3 Expansion, which extends park assets to the northeast toward North Street .

Vista Park Hill Master Plan: Phasing and Cost Estimates per 2009 Master Plan Document Phase Timeline Components Estimated Cost
Hill Street Improvements
Pedestrian Access
Parking Lots
Phase 1-A Design: 6 Months Plaza $4 .2 to $4.6 Million Construction : 6 Months Amphitheater Picnic Areas
Playground Areas
Restroom Building
Design: 3 Months Primary Vehicular Access
Phase 1-B Park Monument Signage $1 to $1.2 Million Construction: 4 Months ADA Multi-Use Trail Open Turf Play Area
Fenced Off-Leash Dog Park
Basketball (Half-Court)
Phase 2 Design: 3 Months Community Mural $900,000 to $1.1 Million Construction: 2 Months Gazebo Overlook Platform
ADA Multi-Use Walkway
Landscaping
Open Meadow
Wind Sculpture Garden
Phase 3 Design: TBD Demonstration Garden TBD Construction: TBD 9-Hole Disc Golf Course Hiking/Walking Trails
Trail Connections
Phase 3 Expansion Design: TBD Landscaping TBD Construction: TBD Amenities TBD

HOLLISTER PAR K FACILITY MASTER PLAN

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City of Hollister CIP Projects : 2017-2018 to 2027-2028 Capital Improvement
Project Name
Santa Ana Creek Trail
Vista Park Hill Phase 1-A
Construction Documents
Jerry Gabe Memorial Park
Site Improvements
Las Brisas Park Shade
Structure
Water Reclamation
Recreational Facility
Pedestrian Bridge
San Benito River Trail
Multi-Use Connection
to Water Reclamation
Recreational Facility
Vista Park Hill Phase 1-A
Water Reclamation
Recreational Facility
Fire Station No. 2 Fitness
Park
Joint Use Aquatic Facility
Dunne Park Outdoor Fitness
Stations
Dunne Park Club House
Renovation/Updates
Leatherback Property Park
and Recreation Center
Vista Park Hill Buildout
Fiscal Vear Scheduled for
Project Completion
2019-2020
2019-2020
2019-2020
2019-2020 Total:
2020-2021
2020-2021
2020-2021
2020-2021
2020-2021 Total:
2021-2022
2021-2022 Total:
2022-2023
2023-2024
2023-2024
2025-2026
2026-2027
2027-2028
2022-2028 Five Year Total:

CHAPTER 7: FUNDING MECHANISMS
Funding Source Estimated Cost
Transportation-Related $750,000 Grant Funding
Impact Fees, Misc. Other $200,000
Impact Fees $100 ,000
$1,050,000
Impact Fees $75,000
Transportation-Related $1,000,000 Grant Funding
Transportation-Related $300,000 Grant Funding
Impact Fees, Bond,
Transportation-Related $4,500,000
Funding ,
$5,875,000
Impact Fees + Misc. Other:

Bonds, Sponsorships, $5,500,000
Partnerships, Grants, etc.
$5,000,000
Impact Fees + Partnership/ $750,000 Grant Funding
Bond $2,500,000
Impact Fees $100,000
Misc. $150,000
Impact Fees + General $2,000,000 Fund
Transportation-Relatedm , $3,000 ,000 Grant Funding, Bond $8,500,000
Table 7.2: City of Hollister 10-Year Capital Improvement Project Program Projections, Fiscal Years 2017-2018 to 2027-2028 HOLLISTER PARK FACILITY MASTER PLAN I 131

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➔ Replace Fencing-Use split rail
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➔ Landscaping-drought tolerant
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➔ Modernized Roof with gutters
➔ Paint the building
D

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➔ Replace Grill
➔ Clean Hood & BBQ Pit
➔ Reinforce Fencing
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 21, 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: MICROENTERPRISE HOME KITCHEN OPERATIONS (MEHKO)

BRIEF DESCRIPTION: The Intergovernmental Committee recommended that the City Council receive an informational presentation regarding California Assembly Bill 626/377 – Microenterprise Home Kitchen Operations from Cook Alliance representative & Executive Director Roya Bagheri.

RECOMMENDATION: Council receive an informational presentation regarding California Assembly Bill 626/377 – Microenterprise Home Kitchen Operations from Cook Alliance representative & Executive Director Roya Bagheri.

DEPARTMENT SUMMARY: The California Retail Food Code establishes uniform health and sanitation standards for retail food facilities for r egulation by the State Department of Public Health. It requires local enforcement agencies to enforce these provisions.

Before 2012, the California Retail Food Code (CRFC) required all food sold to consumers to be made at an inspected commercial kitchen. With the passage of the California Homemade Food Act known as “Cottage Food Operations” (CFO) in 2013, specific low risk (i.e., shelf-stable, non-perishable) food products such as bread, fruit, jams, and dried fruit could be made in private home kitchens and be sold to consumers under limited conditions.

Microenterprise Home Kitchen Operations (MEHKOs) were created via Assembly Bill (AB) 626, passed unanimously by the State Assembly and Senate, and signed into law by Governor Brown on September 18, 2018. AB 377 (AB 626 clean-up bill) was signed into law by Governor Newsom on October 7, 2019.

This legislation permits counties to authorize individuals to use their home kitchens to prepare, sell, serve up to 30 meals per day, or 60 meals per week, and colle ct a maximum annual revenue of fifty thousand ($50,000; 50K), as adjusted annually for inflation based on the California Consumer Price Index. Family members can be employed to help operate MEHKOs, along with a maximum of one paid non -family employee. Menus are restricted to items that can be prepared and sold the same day.

Risky food preparation techniques are prohibited; therefore, MEHKOs may not produce, serve, or use raw milk, or serve raw oysters or any other food requiring a Hazard Analysis Critical Control Point Plan (HACCP; a written plan specifying procedures for maintaining food control throughout the entire food preparation distribution and storage process). Meals can be served in home, picked up by the customer or delivered by the MEHKO operator.

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The County Board of Supervisors will be considering allowing MEHKOs in San Benito County, impacting cities, as they may not opt-out if implemented. The County is seeking clear input from both incorporated Cities, San Juan Bautista & Hollister, on suppo rting or in opposition to implementing the Microenterprise Home Kitchen Operations in San Benito County.

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: MAY 2, 2022
SUBMITTED: April 20, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: ZOOM CONTINUANCE FOR COUNCIL MEETINGS AND OTHER

LEGISLATIVE BODY MEETINGS

BRIEF DESCRIPTION: Staff is seeking direction from Council if they want to continue to use Zoom for staff, consultants, and members of the public to participate in Council Meetings and other meetings of the legislative bodies of the City of Hollister remotely.

RECOMMENDATION: Provide direction on continuing to use Zoom for remote participation for staff, consultants, and public comment for Council Meetings and other legislative bodies of the City of Hollister.

DEPARTMENT SUMMARY: Staff is seeking direction from Council on whether to continue to provide a Zoom link on City Council and other Commission meeting agendas to give members of the public the option to give public comment remotely during a meeting. City staff and consultants have had the option for the past 2 years to participate in meetings remotely and provide presentations, and staff is looking for direction from Council on whether to continue to use Zoom for staff, consultants and members of the public to continue to participate in meetings remotely, since they are not voting members.

Analysis and Background

AB 361
This bill, in effect until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergenc y when the legislative body has determined that meeting in person would present imminent risks to the he alth or safety of attendees, as provided.

This bill allows legislative bodies the ability hold teleconferenced meetings under abbreviated teleconferencing procedures. Under the guidelines of AB 361, Council may give notice of the meeting and post agendas as described, to allow members of the public to access the meeting and offer public comment, via a call-in option or an internet-based service option while conducting the meeting in a manner that protects the statutory and constitutional rights of the parties and the public a ppearing before the legislative body.

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Under AB 361 guidelines, the legislative body cannot take further action on agenda items when there is a disruption, which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control, which prevents members of the public from offering public comments, until public access is restored. The bill specifies actions that taken during the disruption are subject to challenge proceedings.

Most cities who have resumed in-person meetings, and are providing a Zoom link as an alternative means for public comment, are placing a disclaimer on their agendas. Staff requests that we add a disclaimer to our agendas should Council decide to continue to offer the option of Zoom for public comment. The language would be as follows:

NOTICE: The City Council will hold its public meetings in pe rson, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom tele-conferencing technology for virtual public participation; however, the City makes no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk.

Alternative

The Council may choose to eliminate Zoom. This option would allow for teleconferencing for voting members of legislative bodies in compliance with the Ralph M. Brown Act. In-person participation for staff, consultants and the public for comments. Public comment may still be emailed/mailed to the City Clerk in advance of the meeting. Emailed or mailed comments are not read into the record and there are no guarantees that all City Council Members would have an opportunity to read the comments prior to a meeting.

FINANCIAL IMPACT: Cost of renewing Zoom accounts for the City of Hollister, $1,000.00 annually.

CEQA: This action is not a project within the meaning of the California Environmental Quality Act (CEQA) Guidelines §§ 15378 and 15061(b)(3) as it is an organ izational structure change that will not result in any direct or indirect physical change in the environment.

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: MAY 2, 2022
SUBMITTED: April 25, 2022 AGENDA ITEM: Unfinished Business DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: CITY COUNCIL REQUESTS OF CITY STAFF

BRIEF DESCRIPTION: City Council has requested a list of requested Agenda items, work items, and updates from City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Staff recommends that City Council receive the report and hold a discussion, if so desired.

DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for the City Clerk’s office to compile a list of all requests from Council that have been given to staff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.

ATTACHMENTS:

1. 2022-05-02 Agenda Item and Update Request log

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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2022 Council Agenda Item Requests Last Updated: 4/11/22 1 Perez 1/18/2022
Discuss changing/increasing Council
salaries-City Clerk provided Council &
CM with current Ordinances 978 & 1080
City Manager 3/7/2022 4/18/2022 Agenda
2 Velazquez 1/18/2022 Discussion on parking/parking garage fees DS-Planning
3 Burns 2/7/2022 Discussion on hazard pay first meeting of April City Manager 4/4/2022 4/18/2022 Agenda
4 Burns,
Morales 2/22/2022
Discuss the appeal process for
developers appealing Planning
Commission decision, analysis on what
other cities are doing
DS-Planning
5 Burns 2/22/2022 Discussion on Charter City, Term Limits, and placing these items on the ballot.Ad Hoc Consultant is waiting for response from AdHoc.
6 Burns 2/22/2022
Discussion on vacant lot downtown San
Benito Street at 7th St across from the
Memorial Building as a park for green
space
City Manager
7 Burns 2/22/2022
Discussion on acquiring commercial
vacant parcel on Sunnyslope east of
Airline Hwy and South of Memorial, on
South side of road (6 acres) for a
community park.

City Manager
8 Morales 2/22/2022 Discussion on the Ordinance regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.
9 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch over downtown, cost and design City Manager 4/18/2022 Agenda 10 Burns 3/21/2022 RFP for Communications Center
feasibility study Police
11 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager
Meeting DateDepartment#Council
Member(s)
Date
Requested Item Description Notes Completed
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2022 Council Agenda Item Requests Last Updated: 4/11/22 Meeting DateDepartment#Council
Member(s)
Date
Requested Item Description Notes Completed
12 Burns 3/21/2022 Renaming Union Road to "Cesar Chavez Way"City Manager
13 Velazquez 3/21/2022 Discussion or Study Session on creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the
process working with
Elections Consultant
14 Burns 3/21/2022 Discussion of putting the Rally on the ballot City Clerk 4/18/2022 Special Meeting to be held in May at VMB
15 Burns 3/21/2022 Police Department Ad Hoc Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021
16 Burns,
Morales,
Perez
4/4/2022 Code of Conduct Ordinance Review to
make sure it is not unconstitutional City Clerk 4/4/2022 Memorandum will be
provided to Council by
outside attorney
17 Burns,
Morales,
Perez
4/4/2022 Appropriation for $20,000 to Bulldog
Boxing City Manager 4/4/2022
18 Burns,
Morales,
Perez
4/4/2022
Presentation of substandard Housing
with statistics for past substandard
housing that are significant
Code
Enforcement 4/4/2022
19 Burns,
Morales,
Perez
4/4/2022 Shopping Cart Ordinance Review
City Attorney,
PD, Code
Enforcement
4/4/2022
20 Burns,
Morales,
Perez
4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 4/18/2022 21 Burns,
Morales,
Perez
4/4/2022 Council Salary Ordinance City Manager
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2022 Council Agenda Item Requests Last Updated: 4/11/22 Meeting DateDepartment#Council
Member(s)
Date
Requested Item Description Notes Completed
22 Burns,
Morales,
Perez
4/4/2022 Food Truck Ordinance Review City Manager
23 Burns,
Morales,
Perez
4/4/2022
Identify which sidewalks need repairs
and determine from that how much
money is needed
City Manager
24 Burns,
Morales,
Perez
4/4/2022
Research cost to have fiber to Brigantino
Park and Treatment Plant and Fire
Station 2
IT
25 Burns,
Morales,
Perez
4/18/2022 Analysis of Swope Alley
City Manager
26 Burns,
Morales,
Perez
4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 4/25/2022
27 Burns,
Morales,
Perez
4/18/2022 Special Council Meeting to discuss Ralley
and Fire District City Clerk 5/14/2022
28 Burns,
Morales,
Perez
4/18/2022 Review policies for Noise Ordinance to
include other animals City Manager
29 Burns,
Morales,
Perez
4/18/2022 Building maintenance program
City Manager
30 Burns,
Morales,
Perez 4/18/2022
Review HMC that speaks about security
for events, fees, and permit fees
associated with them.City Manager
31 32
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2022 Council Agenda Item Requests Last Updated: 4/11/22 H.1.a Packet Pg. 338

2022 Council Agenda Item Requests Last Updated: 4/11/22 H.1.a Packet Pg. 339

2022 Council Agenda Item Requests Last Updated: 4/11/22 H.1.a Packet Pg. 340

1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022
Special Meeting
with presentations
by Victor
4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022
Special Meeting
(ran out of time at
the 3/7 Meeting)
4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.

Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022
Rally was canceled
via Council
consensus
3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022
Direction given to
staff re: Bird
Contract
3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting
with presentation 4/2/2022
7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022
created ad hoc,
appointed 2 Council
Members
3/21/2022
Notes Completed#Council
Member(s)
Date
Requested Item Description Department Meeting
Date
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8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022
made this a
subcommittee of
the Library Ad Hoc
3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council
Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 H.1.a
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 04/11/2022
#Council Member Meeting Date Update Requested Department Completed Date 1 Resendiz 1/18/2022
Discuss creating a Homelessness
committee with representatives from
different entities to tackle homeless
problem, to discuss this on a future
agenda
City Attorney
2 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager 3 Morales 1/18/2022
Discuss changing the time of Council
meetings so they are earlier, so they do
not go late into the night
City Clerk
4 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community
Services
Parks/Streets/Utili
ties/Fleet
5 Morales 1/18/2022 Update on the Broadband for the City Information
Systems &
Technology
6 Morales 1/18/2022 Traffic study on San Benito Road near 7- 11 DS-Engineering
7 Perez 1/18/2022 Update on the tree program
Community Services
Parks/Streets/Utiliti
es/Fleet
8 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood
Police Department
9 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may
order in bulk
Community Services
Parks/Streets/Utiliti
es/Fleet
10 Morales 1/22/2022
Add public works position to help
businesses get started go through the
processes
City Manager
11 Velazquez 1/22/2022
Move ARPA funds to general fund by
March, earmarking funds for business
revitalization, tourism, "Welcome to
Hollister" sign, develop loan or grant
program for businesses to apply for
City Manager
12 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the
process
Development
Services
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 04/11/2022
#Council Member Meeting Date Update Requested Department Completed Date 13 Morales 2/7/2022
Finance to provide more details on the
budget totals, percent paid vs. actual
with the warrant registers for approval
Administrative
Services
Finance/Human
Resources
14 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire
15 Velazquez 2/7/2022 Update on alleys, lighting on 6th street and solar lights DS-Engineering
16 Morales 2/7/2022 Grant chart, showing what grants are available, which are applied for, status,
etc. Will provide a template
City Manager
17 Morales 2/7/2022
Revisit Council Committee assignments,
updates on committees that do not
meet, and create committee
assignments for Finance and Public
Works
City Clerk
18 Burns 2/22/2022
Requested additional cameras be
installed in the Sunnyslope area due to
stolen car items
Police Department
19 Burns 2/22/2022
Requested discussion with the Parks
Manager about ideas for Skate Park,
and City investing in park cleanup.

Recreation is working with ACC
Commission report to be provided at
June 2, 2022, Council meeting.

Community Services
Parks/Streets/Utiliti
es/Fleet
20 Burns 2/22/2022
Report on the City's intentions and
ideas on what to do with Park Hill.

Recreation-Report to be provided at
May 2, 2022 Council Meeting.

Recreation
21 Perez 2/22/2022
Consider changes to City's Parking
Ordinance, regarding parking across
from the Library.

Police Department
22 Burns 2/22/2022
Asked if City Attorney can confirm if we
can close/stop public comment,
requested his legal opinion on the
matter
City Attorney
23 Morales 2/22/2022
Discussion on Planning Department
projects that are delayed and what the
problems are
DS-Planning
24 Morales 2/22/2022 Update on traffic study for speed
cushions on San Benito Street by 7-11 DS-Engineering
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 04/11/2022
#Council Member Meeting Date Update Requested Department Completed Date 25 Morales 2/22/2022 Receipts of budget vs actuals
Administrative
Services
Finance/Human
Resources
26 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee
27 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later
than 6 months
City Manager
28 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology
29 Morales 3/7/2022
Process for requesting speed cushions
be placed on website for the public to
access
DS-Engineering
30 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current
locations, future locations and
remaining amount, provided an update
on 3/21/2022 Council requested
another update on 4/4/2022
DS-Engineering
31 Perez 3/21/2022
Dog Park Grass - Update. Recreation-
Report to be provided at May 2, 2022
Council Meeting.

Community Services
Parks/Streets/Utiliti
es/Fleet
32 Morales 3/21/2022 Outdoor Night Market City Manager
33 Burns 3/21/2022 Promoting the 150th Celebration City Manager 34 Burns, Morales,
Perez
4/4/2022
Renaming of Union Road and new park
by FS2 to Cesar Chavez Way and Cesar
Chavez Park
City Manager
35 Burns, Morales,
Perez
4/4/2022
Social Media posts-votes of previous
night Council Mtgs (wait for Deputy
City Clerk)
City Clerk
36 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept
37 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in
the community Police Dept
38 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6
months with status Building
39 Burns, Morales,
Perez 4/4/2022
Cameras up at all access and have PD
work with IT work on and add a privacy
aspect

PD & IT
40 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk
recruitment-CC is Waiting for HR City Manager
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 04/11/2022
#Council Member Meeting Date Update Requested Department Completed Date 41 Burns, Morales,
Perez 4/18/2022
Update on Youth Art and Cultural
Commissioner applications City Clerk
42 Burns, Morales,
Perez
4/18/2022
Provide training at the County's
Fentanyl and Opioid Training in June ot
have video available to be able to
administer NARCAN PD
43 Burns, Morales,
Perez
4/18/2022
Information on City of Hollister plans
for Office Professionals Day and
recognition events that have to do with
our staffing.City Manager
44 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports from
each dept on year to date
accomplishments, 3 year fiscal analysis
or forecast for anticipated equipment ,
projects, expenditures, performance
measures, task performance measures,
and employee satisfaction rate.

City Manager
45 Burns, Morales,
Perez Dunne Park Community Center update City Manager
46 Burns, Morales,
Perez
4/18/2022
Add to second evaluation of Ord. 1202
memo clarification on using titles, city
issued equipment, and our platform for
campaigning
City Clerk
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#
Council
Member Meeting Date Update Requested Department Completed Date
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the
redistricting website and emails received
re: submitting maps be emailed to council
prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to
Council Members re: redistricting be sent
to the City Clerk and shared with all of
Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment
process for various positions City Manager 1/22/2022
7 Burns 1/18/2022
Update on the American Rescue Plan
(ARPA), plans for recognition or payment
to staff
City Manager 1/22/2022
8 Morales 1/18/2022
Council to submit information to be
distributed to the Community by Social
Media or any other ways from their
committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned
the City could apply for in December-
Received an email from CM on 4/12/2022
with an attached excel sheet.

City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
12 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
13 Burns 1/22/2022
Department Heads go through the list of
City staff and put them into categories,
such as front line staff, public safety, office
workers, consider tiers of hazard pay by
April 1
City Manager 2/23/2022
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14 Burns 1/22/2022
Have Council come up with ways to
recognize other groups of essential
workers outside of City Staff, such as
teachers, grocery clerks, gas station
attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
15 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 16 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
17 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 18 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022
19 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022 20 Resendiz 2/22/2022
Find out if other cities have a Veterans
preference in hiring for all depts., not just
PD
Administrative
Services
Finance/Human
Resources
4/4/2022
21 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the
city are veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
Consider adding to the Assistant City
Manager position job description to be a
liaison to Council.

City Manager 2/22/2022
23 Resendiz 2/22/2022
Consider adding to the Assistant City
Manager position job description to work
on PRA requests
City Manager 2/22/2022
24 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
25 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have
Council give these away at park openings
so public can help keep parks clean.

Recreation 3/5/2022
26 Morales 2/22/2022
Update on 2021 goals and
accomplishments, and what is our road
map for 2022 goals
City Manager 2/24/2022
27 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants
are for (separate from entitlement grants)
City Manager 2/22/2022
28 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
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29 Council 2/22/2022 Update on the total number of PRA reqests the City Clerk's Office receives per year City Clerk 4/4/2022 30 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
31 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022
32 Burns,
Morales,
Perez
4/4/2022 Assistant City Manager update City Manager
4/4/2022
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 2, 2022
SUBMITTED: April 12, 2022 AGENDA ITEM: City of Hollister as the Successor Housing Agency of the
Redevelopment Agency
DEPARTMENT:

DEPARTMENT HEAD:

Housing
Abraham Prado, Planning
Manager
CONTACT: Jamila Saqqa, Housing Program
Coordinator
831-636-4300 x13

TITLE OF ITEM: ANNUAL REPORT ON THE HOLLISTER SUCCESSOR AGENCY LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2020- 21 BRIEF DESCRIPTION: The Council will receive the annual report summarizing the financial condition of the City of Hollister Housing Successor Low and Moderate Income Housing Asset Fund (the “LMIHAF”) and the audit of the fund as required in Health and Safety Code §34176.1(f).

RECOMMENDATION: That the City Council accept the annual report on the LMIHAF and direct staff to post it on the City’s website.

DEPARTMENT SUMMARY: Health and Safety Code (HSC) §34176.1 requires each housing successor to a former redevelopment agency (RDA) to prepare an a nnual report regarding the Low and Moderate Income Housing Asset Fund (LMIHAF) of the former RDA and completion of an independent audit of the fund. Attachment A includes selected sections of the audit related to the City of Hollister Housing Successor. The audit is available for review at http://hollister.ca.gov/government/city-departments/ administrative-services/finance/financial-reports/. HSC §34176.1(f) requires submittal of an annual report documenting the activities of the former Housing Successor to Hollister RDA housing assets to ensure that the funds are expended in accordance with the Dissolution Act that eliminated RDAs in California and subsequent amendments. The attached report included in Attachment B summarizes the compliance of the City of Hollister Housing Successor with spending and reporting requi rements for the Fiscal Year 2020/21. Sections 11, 12 and 14 of the annual report discuss five year spending requirements. The first five year reporting period will occur in 2019. The informational report does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required. Furthermore, no Council action is required.

FINANCIAL IMPACT: $0

CEQA: Exempt

ATTACHMENTS:

1. Annual Housing Report for Fiscal Year 2020-2021

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION
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Brett Miller, City Manager

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Annual Housing Report Pursuant to Health and Safety Code §34176.1(f) for FY 2020/21

ATTACHMENT B

CITY OF HOLLISTER HOUSING SUCCESSOR ANNUAL REPORT REGARDING THE LOW AND MODERATE INCOME HOUSING ASSET FUND FOR FISCAL YEAR 2020- 2021 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34176.1(f) This City of Hollister Housing Successor Annual Report (Report) has been prepared pursuant to California Health and Safety Code Sections 34176.1(f). This Report summarizes activities during Fiscal Year 2020/21 related to the Low and Moderate Income Housing Asset Fund (LMIHAF). The purpose of this Report is to provide the City Council in its capacity as the Housing Successor to the former City of Hollister Redevelopment Agency an annual report on the housing assets and activities of the Housing Successor under Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and 3416.1 (Dissolution Law).

The following Report is based upon information prepared by the City of Hollister staff and information contained within the independent financial audit of the Low and Moderate Income Housing Asset Fund for Fiscal year 2020-2021, which is on file with the City Clerk.

This Report conforms with and is organized into Sections 1 through 11 pursuant to Section 34176.1 (f) of the Dissolution Law.

1. Amount Deposits into the Low Moderate Income Housing Fund in FY 2020/21 from loan agreements between the former Hollister Redevelopment Agency and the City of Hollister pursuant to 34919.4 (b) (3) (A) (§34176.1 (f)(1): None.

Deposits of funds to the Low Moderate Income Housing Fund from repayment of loans owed to the Low Moderate Income Housing Fund in FY 2020/21 in order to make payments to the Supplemental Educational Realignment Augmentation Fund from the former Hollister Redevelopment Agency pursuant to 34919.4 (b) (3) (B) (C) (§34176.1 (f)(2): None.

2. Balance of the Low Moderate Income Housing Asset Fund at the end for Fiscal Year 2020/21 and any amounts held for items listed on the Recognized Obligation Payment Schedule (§34176.1 (f)(3):

a. Low Moderate Income Housing Asset Fund Balance: $1,304,496. b. None.

3. Summary of Expenditures from the Low Moderate Income Housing Fund by Category (§34176.1 (f)(4):

Description of Expenditures Amount

1. Monitoring and preservation of long-term affordability covenants
$144,418

2. Homeless Prevention and Rapid Rehousing Services $ 0

3. Housing Development Expenditures $ 0
• Expenditures on Extremely Low Income Rental Units $ 0 • Expenditures on Very Low Income Units $ 0
• Expenditures on Low Income Units $ 0
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Annual Housing Report Pursuant to Health and Safety Code §34176.1(f) for FY 2020/21

ATTACHMENT B

4. Value of Housing Successor assets (§34176.1 (f)(5):
a. Real property: $110,000
b. Loans and grants receivable:
i. Loans with monthly payments $421,921
ii. Estimated value of 168 Forgivable loans and/or loans with deferred payments: $14,818,247. The majority of the deferred loans will not require payment for two or more years.

5. Description of transfers of Low Moderate Income Housing Funds (LMIHAF) to other Housing Successor’s. (§34176.1 (f) (6): The City of Hollister did not make any LMIHAF transfers to other Housing Successor(s) under §34176.1 (c) (2) during the Fiscal Year.

6. Description of any project that received property tax on the Recognized Obligation Payment Schedule during FY 2020/21 (§34176.1 (f) (7): The former City of Hollister Redevelopment Agency entered into an agreement with Hollister Investment Group in 2010 to provide tenant based rental assist 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 ROPS 2020-21 A and 2020-21 B for rental assistance at the Prospect Villa Senior Apartments. Though the agreement has ended in 2019 the LMIHAF has continued to fund this project with the continued available funding.

Due to COVID-19 staff did not make any changes, but in the next fiscal year staff will need to determine the availability of funding and determine whether to continue the rental assistance agreement.

7. Status of real property acquired by the former RDA (§34176.1 (f)(8):
a. Prior to 2/1/2012: 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 the Emmaus House with rental restrictions for said use. It has come to staff’s attention that the property inadvertently was not transferred from the City of Hollister to the Hollister Redevelopment Agency in 1996. It is possible the property is owned by the City of Hollister and should not be considered a housing asset of the former City of Hollister RDA.
b. After 2/1/2012: Not applicable – none purchased.

8. Description of outstanding obligations for replacement housing pursuant to Health and Safety Code §33413 (§34176.1 (f)(9): Replacement Housing:

According to the draft 2009-2014 Implementation Plan for the former Hollister Redevelopment Agency (RDA), no Section 33413(a) replacement housing obligations were transferred to the Housing Successor. The Hollister RDA was unable to adopt the update to the draft plan in 2011 due to prohibitions in the Dissolution Act and Voluntary Program Act. The draft 2009-2014 and 2005-2009 Implementation Plans did not identify a need for replacement housing and are posted on the City’s website K.1.a
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Annual Housing Report Pursuant to Health and Safety Code §34176.1(f) for FY 2020/21

ATTACHMENT B
at http://hollister.ca.gov/government/city-departments/development- services/successor-agency.

Inclusionary/Production Housing: Not applicable. According to the draft 2009- 2014 Implementation Plan for the former Hollister Redevelopment Agency (RDA), no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor. The Hollister RDA was unable to adopt the update to the draft plan in 2011 due to prohibitions in the Dissolution Act and Voluntary Program Act.

The draft 2009-2014 and 2005-2009 Implementation Plans are posted on the City’s website at http://hollister.ca.gov/government/city-departments/development- services/successor-agency.

9. Deposits into the Low Moderate Income Housing Funds in FY 2020/21 (§34176.1 (f)(1):
a. The balance of Repayment of loans and interest: $161,392.

10. Cap on Use of Use of LMIHAF for Senior Housing. (§34176.1 (f)(11): Cap applicable in Fiscal Year 2020/2021: Section 34176.1 (b) prohibits using LMIHAF for a senior housing development if the total number of deed-restricted senior rental units in the City of Hollister established by the City, the former RDA and the housing successor over the past ten years exceeds fifty percent (50%) of the aggregate number of units of deed-restricted rental housing assisted. Over the past ten years, 44% of the deed restricted rental units developed or assisted was for seniors. The Housing Successor complies.

Deed Restricted Units Assisted in Hollister 2006 - 2018 Project Name Senior Units Non-Senior Units Total Units Gateway Palms 0 32 32
Vista Meadows 72 0 72
Prospect Villa 10 0 10
Hillview I 0 25 25
Hillview II 0 30 30
Rancho Park Apts. (rehab) 0 54 54
Rustic Garden Apts. (rehab) 0 19 19
Senior Sunrise Apts. 48 0 49
Percent of Total as of 16/17 130 (44%) 160 (55%) 290

12 Excess Surplus Low Moderate Income Housing Asset Fund (LMIHAF) (§34176.1 (f)(12): Potential Surplus – Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four Fiscal Years, whichever is greater. The Excess Surplus relates to a four year calculation beginning with FY 2015/16.

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Annual Housing Report Pursuant to Health and Safety Code §34176.1(f) for FY 2020/21

ATTACHMENT B

FY
2012/13
FY
2013/14
FY
2014/15
FY
2015/16
FY
2016/17
FY
2017/18
Beginning
Balance
($113,589) $2,757,119 $2,550,660 $2,376,181 $2,412,829 $2,413,904 Add:

Deposits
$4,755,682 $ 86,534 $ 89,439 $ 418,099 $101,619 $71,243 Expenditures $1,884,979 $ 292,993 $ 263,917 $ 381,451 $100,544 $1,258,342 Ending
Balance
$2,757,119 $2,550,660 $2,376,182 $2,412,829 $2,413,904 $1,226,805 Surplus $1,757,119 $1,550,660 $1,376,182 $1,412,829 $1,413,904 $226,805

FY
2018/19
FY
2019/20
FY
2020/21
Beginning
Balance
$1,226,805 $1,223,875 $1,287,522
Add:

Deposits
$248,184 $203,436.33 $161,392
Expenditures $251,114 $139,790.11 $144,418
Ending
Balance
$1,223,875 $1,287,522 $1,304,496
Surplus $223,875 $287,522 $304,496

The Housing Successor has had an Excess Surplus since FY 2012/13. If the Hollister Housing Successor does not encumber the excess surplus by the end of FY 2019/20, the excess surplus funds will be transferred to the Community Development Department for expenditure pursuant to the Multi-family Housing Program or the Joe Serna, Jr.

Farmworker Housing Grant Program. The projected surplus by the end of FY 2019/20 could be less than $1,000,000 if annual administrative costs average about $250,000 per year. However, the balance could be higher from repayment of loans and should be monitored in FY 19/20 to assure there is not an excess surplus. Additionally, to expend the excess surplus/fund balance the Housing Successor Agency can seek to submit a request for proposal to fund a future affordable housing project.

13. Inventory of homeownership units assisted by the former City of Hollister Redevelopment Agency, number of units (§34176.1 (f)(13) An inventory of homeownership units is posted on the City of Hollister Housing Successor home page at the following link: http://hollister.ca.gov/government/city- departments/development-services/successor-agency/.

a. Number of units lost to the portfolio after February 12, 2012 and reason for loss.

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Annual Housing Report Pursuant to Health and Safety Code §34176.1(f) for FY 2020/21

ATTACHMENT B
Year Unit Lost Reason
2020-21 3 Homeowner(s) repaid loan

b. Funds returned to the Hollister Successor Agency as part of an adopted program that protects the former Hollister Redevelopment Agency’s investment from the Low and Moderate Income Housing Funds. $0
c. Has the Hollister Housing Successor contracted for any outside entity for management of the units? No

14. Compliance of the Hollister housing successor compliance with the Low Moderate and Income Housing Asset Fund expenditure requirements pursuant to §34176.1 (a)(3)(A) for the period 2014-2019.

a. Administrative Cost Cap for monitoring of 5% of the statutory value of housing successor real property, loans and grants or $200,000 in any fiscal year to §34176.1(a)(1) of the amount of the assets is less than $200,000:

Comply - The Housing Successor expended $144,418 for administrative costs in fiscal year 2020/21, which is about 11% of the statutory value of the housing successor real property, loans and grants.

b. Homeless Prevention and Rapid Rehousing Services: Comply - The Housing Successor may expend up to $250,000 per fiscal year for homeless prevention and rapid rehousing services of individual and families who are homeless or would be homeless pursuant to §34176.1(a)(2). The City of Hollister spent $0 on homeless prevention services in Fiscal Year 2020/21, which is less than the limit of $250,000 per fiscal year.

c. Extremely Low Income Rental Housing: Premature - Section 34176.1(a) (3) (B) states that at least 30% of the LMIHAF FY 15/16 fund balance ($765,198) not used for monitoring or homeless prevention and rapid rehousing services must be spent on rental housing for extremely-low income households between the period of 2014 and 2019. In Fiscal Year 2017/18 the Housing Successor Agency approved a loan agreement resolution to commit funds of $1,010,000 for the Sunrise Senior Affordable Apartment Project with CHISPA Housing Inc. The commitment was for the assistance with extremely low-to-low income households, which was completed in the 2019-2020 Fiscal Year.

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Annual Housing Report Pursuant to Health and Safety Code §34176.1(f) for FY 2020/21

ATTACHMENT B

16. a. Cap: 20% cap on use of LMIHAF on development of housing affordable to very low and low income households. Premature - Section 34176.1(a) (3) (B) limits the expenditure of the LMIHAF for affordable housing development that is not used for monitoring or homeless prevention and rapid rehousing services to 20% of the LMIHAF ($510,132) for households earning between 60 to 80% of the area median income between the period of 2014 and 2019. This would apply to very-low income and some low income households. The information is not required to be reported until 2019.

15. Fiscal
Year
Admin/
Monitoring
and
Preservation
Homeless
Prevention
Rapid
Rehousing
30%
Extremely
Low
Income
CAP 20%
60-80% of
Area
Median
Income
Unencumbered
Balance
12-13 $ 0 $ 0 $ 0 $ 0 $2,757,119 13-14 $277,814 $ 86,360 $ 0 $ 0 $2,550,660 14-15 $233,488 $ 43,429 $117,000 $ 0 $2,166,743 15-16 $381,451 $ 0 $ 0 $ 0 $2,412,829 16-17 $100,544 $ 0 $ 0 $ 0 $2,413,904 17-18 $258,342 $ 0 $1,010,000 $ 0 $1,226,805 18-19 $251,649 $ 0 $ 0 $ 0 $1,223,875 19-20 139,760.11 $ 0 $ 0 $ 0 $1,448,914 20-21 $144,418 $ 0 $ 0 $ 0 $ 1,304,496 Estimated
Balance
21-22 $200,000 $250,000 $ 0 $510,132 $344,364 K.1.a
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Hollister City CouncilMay 2, 2022

Hollister City Council
May 2, 2022