Cities Index.
Agenda packet

Hollister City Council
May 16, 2022

Document
Agenda packet
Meeting
May 16, 2022
Body
Hollister City Council
Pages
240,147
Original file
927 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

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16. Will there be vendors at the Event? NO If yes , how many? 0 Please describe :

T e Number Descri Business License
Food i,
Drinks 2-l¼t
Other
17 . Please list any and all government agencies requiring a permit for the Event:

Permit Current Status
'
ADDITIONAL INFORMATION (PARADES):
arade assembly will begin to assemble at: ______________ _

2. 3.

4. Interval space to be maintained between units: __ __,.,..._.. _________ _ 5 . Number of Floats : ------
Publ ic As sembly Perm it Page 5 of9

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bocuSign Envelope ID: 6871 E628-BC24-4E8E-9624-8846DA7 A4916 city of Hollister, sesquincentennial (150th) Anniversary celebration, 2022. contact: Tina Garza, 831-637-6281. Event 10 am -10 pm, streets pm.

CITY USE ONLY
Saturday, July 9,
closed 9:30 am -11:00
****************************************************************************** APPLICATION IS:
[xi APPROVED
□ DE IED
□ RETURNED 5/6/2022
Explanation : _____________________________ _
□ THIS PERMIT REQUIRES FURTHER INFORMATION:

Explanation:. _____________________________ _
□ THIS PERMIT REQUIRES THE FOLLOWING CO DITIONS:

FURTHER APPROVAL BY:
□ ~"';::;;"-J,J, ~·
B36169E/50014frRE ClliEF 5/6/2022
OocuSigned by:
0 aJv;.~ o-m'7 5/912022

D ENT SERVICES DIRECTOR
□c~=1SERVICES DIRECTOR
5/9/2022
Publi.: ~embly Perm it
Engineering
GER 5/6/2022

Page 6 ends

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Please use this page for any additional information you may need to provide.

Public Assembly Permit Page 7 of9

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i

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT --"Lt'--..;.~-----------'' 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 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/Sign
Other _________ _
{"the Activity"). This RELEASE is Intended to discharge the City In advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

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

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

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

Applicant shall, at its own cost, expense and risk, defend all suits, actions, or other legal proceedings of every kind that may be brought or instituted by third persons against the City, relating to the Activity, or to enforce any penalty relating to the Activity. Applicant 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 canst o require Applicant to indemnify the City from any claim arising from the sole negligence or willful scond ct of the City. ~l 1 })_

DATE AP
Public Assembly Pennit Page 8 of9

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DocuSign Envelope ID : 6871 E62B-BC24-4E8E-9624-8846DA7 A4916

CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close:8 (h t~ flu1r,k ,3h:lkt (street), from ~ {i (street) to O tvvih ___ (street),
Contact Name: :fu1 It LltY1:/f Telephone No.: T3 /-/p 13 -& 2'l / _?J_®_m __ tv ........ tS ......... ±_8_~_. ---Cell Phone No.: [S3 / -& 1 3 -& 2 'I I Address '-
Email Address: ,hvu. fJK'/\ @1 l\Jtllq;:K[, Lit -5·tv
Alternate Contact Person for d7:f Neighborhood Block Party: (mand~o,y) _ . , I Name:&Mtt-Vtdo Mtt~ ~ Cell phone No.: o3 l lP 7 3 & 2, '&', Email: Ql~. YWA) ~vt e1 )to l[fs-¼(;n LA c~1
on
Please provide a map of the party that shows the set up, and provide room in the middle of the street for emergency vehicle use, in case of an emergency. ~ ~~
comments from Engineering (use next page if needed):Provide traffic control per the MUTCD for the closure including advance warning signs.

FOR CITY USE 0
I>
Fire
City Man 5/6/2022
5/6/2022

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CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close:8 (M~ f7l ~tl{v Ott<,ct-(street). from k -{I,. (street) to C) [v\;-th ___ (street), on
the °I day of ~j 1} \j , 202.i:, between the hours of:
g . 3 D /i . ))11 , and !I'. DD f · ilQ . for a Neighborhood Block Party.

Contact Name: :ftV)i.l Llti-rilf Telephone No.: T? /-/.R 13 -& 2't / _?; ........ tm...__Na m__._W ........ t __ S+....._8 ___ ~_. ---Cell Phone No.: Qo I -& 1 3 -& 2 'I I Add ress
'
Email Address: }l l'\J , (f1'Z11 @,, l\& l l L:)-\t'.£ 1 LJl -g 1ru Alternat.e Contact Person for :r:f Neighborhood Block Party: (mandatory) , I Name:h CL,Vlt{{) lliJ1.d µ..-, Cell phone No .: o3 l I"" it' 7 3 -u Z--<l, Ema il : a~c. M4Ll tlA 0 \t-0 ll(S-~n u ,;~,,fV
Please provide a map of the party that shows the set up, and provide room in the middle of the street for emergency vehicle use, in case of an emergency.

FOR CITY USE ONLY
Fire Chief
City Manager

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City of Hollister
Sesquicentennial Anniversary
July 30, 2022
l '
All · y
South t
:i
l"i
en

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State of California
County of San Benito
}
}
}

AFFIDAVIT
I, &mox:do Med:100. affirm that the signatures included with t he Block Party Permit are from a majority of residents/businesses in the affected area were obtained by me and are in support of:

The temporary closure of: So.o £:x:xt t\-0
_____ (street) to South
(street). from ___ 0"--~--__ _
(street), on the __ 9 __ _
dayof :Ju\\! , 20 11_, between the hours of:
__ 9 ..... : ____ ?J_D_o._Y_Y\ __ and \ \ ~ 00 prY' for a Neighborhood Block Party. (Start time) (End time)
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature: _J.j m.

Printed Name: ~A~~ fv\.LlA·w.--
Date: 5"' I r / 1,, 1-

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Block Party Street Closure Resident's/Businesses Signatures Street to be closed:._~ ........... C""A\'l:....,___6~e ..... Yl ...... \L...l:t0'-""""--'5=· ...... IYJ ...... re......,.,.;;.~..L...-- from ____ G...,____m _____ (street) to Sou :bl'\ (street), on the __ 9~--day of :-cfu \~ , 2011., between the hours of 9: b OetVV\ and \ \~DO PW'\ for a Neighborhood Block Party.

We, the undersigned do hereby support and consent to the above street being closed based on the information provided above .
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4 5
6 7
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JO
(Duplicate this page as needed in order to submit the majority of residents/businesses in the affected area .)

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 5, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-96, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY CLOSURE OF

VARIOUS STREETS FOR THE CITY OF HOLLISTER'S SESQUICENTENNIAL ANNIVERSARY TO BE HELD ON SATURDAY, JULY 30, 2022

BRIEF DESCRIPTION: This Resolution will authorize the closure of various streets from 2:00 p.m. to 11:00 p.m. on Saturday, July 30, 2022, for the City of Hollister’s Sesquicentennial Anniversary.

RECOMMENDATION: That the City Council ADOPT a Resolution to temporarily close various streets from 2:00 p.m. to 11:00 p.m. on Saturday, July 30, 2022, for the City of Hollister’s Sesquicentennial Anniversary.

DEPARTMENT SUMMARY: During the month of July on Saturday’s the City of Hollister will celebrate family friendly events in celebration of the City’s Sesquicentennial Anniversary. In efforts to make the celebration safe for residents, Staff is requesting temporary street closure along San Benito Street from South Street to 5th Street. Staff is requesting that the streets close at 2:00 pm and reopen at 11:00 pm. The event planned on July 30, 2022 will have a variety of family friendly activities and a DJ.

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

CEQA: N/A

ATTACHMENTS:

1. City of Hollister Sesquicentennial Anniversary-MAPS

2. July 30, COH Sesquicentennial Anniversary_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING TEMPORARY CLOSURE OF VARIOUS STREETS FOR THE CITY OF

HOLLISTER'S SESQUICENTENNIAL ANNIVERSARY TO BE HELD ON SATURDAY, JULY 30, 2022

WHEREAS, On August 6, 2022 the City of Hollister celebrates 150 years of community; and

WHEREAS, in the month of July 2022 on Saturday’s family friendly events will be hosted by a variety of local organization; and

WHEREAS, on Saturday, July 30, 2022 the City of Hollister Recreation Depa rtment will host a family fun night from 5:00 pm to 10:00 pm.

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

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 San Benito Street from 5th Street to South Street from 2:00 p.m. to 11:00 p.m.

Said streets will be temporarily closed pursuant to Section 21 101(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 16th 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. 2022-96, 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 16th 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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City of Hollister
Sesquicentennial Anniversary
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All ey
f Ta cos & Bi r i a
sr
Ru
t!' · IC I •
c . u try ose cat
9 oosteri
Slhst '
isk er ek Saloo 1
ells argo Ba 1k
' th St
avenly ery
Q
oll ist r V ete ans I
emor i I Build ing
South St
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Fa s F d •
q . ne Stop Cj

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Received

ANTICIPATED RETURN PERMIT
Date ,!leceived MAY .. O 6 ~20 2
By City Clerk '{), IA
By: I, ~ .....

ATTENDEES WITHIN
1000 + 60+ days
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.
l. Applicant
Name Address

2. Sponsoring group(s):

Name Address
Public Assembly Permit
Phone
w:
email:

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

Page I of9

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3. The person in charge of the Event:

Name Address
1\nAGm-11 5Gb ~~8t-,

4. Will monitors or security personnel be employed
during the event?
Name Address
~\\
V
Phone
::a}f--&1:3-&2<l I
YES @ If yes, please list below:

Phone
h:
w:
h:
w:

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

Name Address Phone

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

Name Address Phone
)t\l t\ h :
w:
' I h :
w:

Public Assembly Permit Page 2 of9
_______ I I

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7. Please describe the nature of the event:
~l~1~1~~S ttLoyj

8. ~t\(\ t tJ\fµ~ i'.~ ~M f ~ \ l '· f)l)fVVt
Date and time of the Event: cY\ \ (J;,
Start Time~ 1 O
c/-b yY\
Finish Time: / O o: {)

9. Please describe the location of the Event, including its boundaries: t'Z Bttd ~,¼SU\ MN\13 &n tiU1AiD or -\bM 5i11 of -ro

10. Estimated number of participants:_V)-'-,_D_ffi ____ _

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

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

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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 Type Location
Sound/ Amplification l Vu rJHYM!~fif
Illumination
Other
13 . Please provide a brief description of any construction of signs or banners to be used for the Event:

Type Number Materials Location
Banner
Signs

14. Are there parking requirements for the Event: ® NO , Please describe: j 2-Y\ &\II N' YlD y ovr l{,J Y\~ 2, t:f5 15 . Will you provide water stations YES ~ Ifyes,howmany? ___ _ Location(s): __________________________ _
Will you provide first aid? NO
Location(s): ~~-~1 f'v t~.\rt
If yes , how many? ___ _
Will you provide comfort stations @ NO
(portable restrooms)
(l-)~~ .
l .A, 1) A . I.-~ ~ L:f1u'Yl
If yes, how many?C/Jll.'d~P\?tU''-----'-~
Location(s): ljz)~ -A\ \1, 1
Public Assembly Pennit Page 4 of9

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16 . Will there be vendors at the Event? If yes, how many'/ _1__ Please describe:

T e Number Descri tion Business License
Food
Drinks
Other
17 . Please list any and all government agencies requiring a permit for the Event:

Permit Descri tion Current Status
ADDITIONAL INFORMATION (PARADES):

1. rade assembly will begin to assemble at: ______________ _

4. Interval space to be maintained betwee

5. Number of Floats: ------
Sizes: --------------
Public Assembly Permit Page 5 of9

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CITY USE ONLY
****************************************************************************** APPLICATION IS:
~ APPROVED
□ DENIED
□ RETURNED
Explanation: ------------~-------------
□ THIS PERMIT REQUIRES FURTHER INFORMATION:

Explanation: _________________________ _
□ THIS PERMIT REQUIRES THE FOLLOWING CONDITIONS:

A--dvtt V\ cvl,d 0,{ {) s C.l\_x,(_ s I> I,.._ ~A ..!....._ ~Ct(~ t'v ll,J~s ~ Public Assembly Permit Page 6 of9

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Please use this page for any additional information you may need to provide.

Public Assembly Permit Page 7 of9

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

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

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

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

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

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

Public Assembly Permit Page 8 of9

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City of Hollister
Sesquicentennial Anniversary
July 30, 2022
)
Sh St '
Alt y
6th S
7hS f+' (/) El
C
t So h
ft

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Block Party Street Closure Resident's/Businesses Signatures Street to be closed: Sao l6e n'do 5\-r l:td::
'"'-\"n -, -rn from ____ Ld_ ________ (street) to _____ -r _______ (street), on the 2)0 day of _....,,J-;.,......._..J "-Ii Y~--· 20.J:l., between the hours of Q: 0 0 p m and \ \ ~ 0Q ?aJ for a Neighborhood Block Party.

We, the undersigned do hereby support and consent to the above street being closed based on the information provided above.
2 3
4 5
6 7
8 9
10 (Duplicate this page as needed in order to submit the majority of residents/businesses in the affected area.)

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State of California
County of San Benito
}
}
}

AFFIDAVIT
I, bo:oc\D Mechna affirm that the signatures included with the Block Party Permit are from a majority of residents/businesses in the affected area were obtained by me and are in support of:

The temporary closure of: So n '6ex\-,\o
______ (street) to '"'J!·n
(street), from 5 ,y\t\
(street), on the __ ?;o_· __
day of -So \1,1 , 20 J:l , between the hours of:
---=2-~ ___ QL....ao=-¥-~M..___.___and l \: ao pm. for a Neighborhood Block Party. (Start time) (End time)
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature: ~ M
Printed Name: 4':M 0ndo MU l n,,V
Date: r;'j [ J '2-,o 2-l-r l

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CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close: ~ fxJ.u:fo 3} (street}, from th ..... 5 _fb.........-________ (street) to 1 (street), on the_?; ___ j) ______ day of ~ ll \ 'f-, 20'.?d-, between the hours of:
-~-~-ro-----i"?:;....;W\ ____ and \I·.\;; ff\/\ for a Neighborhood Block Party.

Contact Name:-:::(ZM Q{V(7jt.. Telephone No.: g3/-/_p73-/JZ1 I _'?_nu_mW_f$_t_Ot ___ Cell Phone No.: 3"3 /-& ·13-& 2 Z ,, Address
'
Ema i l Address -'.\:11'.lA, F (0 \wl luSfu(' U •§nl
Alternate Contact Person for day of Neighborhood Block Party: (mandatory) . _ t} Name : &-mWo \l1!4< YV1 Cell phone No.: g, t --LP 13 -LR Zt ~ Email: (MrNW'.\Ovf) ~ \J\N.JA V\Jl e \wl LLlkr s Lil ~ ~ Please provide a map of the party that shows the set up, and provide room in the middle of the street for emergency vehicle use, in case of an emergency .

FOR CITY US
City Manager

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RELEAS~ AND WAIVER OF LIAB ILITY AND INDEMNITY AGREEMENT rn '2.vt~ , its employees , agents , officers, representatives , contractors , heirs and assigns , (collectively "Applicant"), hereby WAIVES , RELEASES AND DISCHARGES any and all cla ims 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 :
'r/) Block Party
□ Parade
□ Public Event
□ Banner/Flag
□ 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 ar ise 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 Act ivity , Applicant ASSUMES those risks and ag rees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that 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 cla im against, sue , attach the property of, or prosecute the City for injury or damage or economic loss resul t ing 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 INDEMNIFY, RELEASE AND HOLD HARMLESS the City from :
(a) Any and all cla ims , demands , causes of action , damages, costs , expenses , losses, or liab ilities , in law or in equity, of every 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 Applicant , or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity, however caused and regardless of whether or not caused in part by the City. (b) Any and all damages , costs , expenses, or 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 suits , actions , or other legal proceedings of every kind that may be brought or instituted by third persons against the City , relating to the Activity, or to enforce any penalty relating to the Activity. Applicant shall pay and satisfy any judgment, award , decree or penalty assessment that may be rendered against City, in any such suit , action or other legal proceedings . Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing , nothing herein shall be construed to require Applicant to indemn ify the City from any claim arising from the sole negligence or willful misconduct of the City.

DATE

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 5, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-97, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY CLOSURE OF

VARIOUS STREETS FOR THE CITY OF HOLLISTER RECREATION DEPARTMENT CONCERT IN THE PARKS SERIES TO BE HELD ON THURSDAY, AUGUST 25, 2022, THURSDAY, SEPTEMBER 1, 2022, THURSDAY, SEPTEMBER 8, 2022 AND THURSDAY, SEPTEMBER 16, 2022

BRIEF DESCRIPTION: This Resolution will authorize the closure of McCarthy Street from 4:00 p.m. to 9:00 p.m. on Thursday, August 25, 2022, Thursday, September 1, 2022, Thursday, September 8, 2022 and Thursday, September 16, 2022 for the City of Hollister Recreation Department concert in the parks series.

RECOMMENDATION: That the City Council ADOPT a Resolution to temporarily close McCarthy Street from 4:00 p.m. to 9:00 p.m. on Thursday, August 25, 2022, Thursday, September 1, 2022, Thursday, September 8, 2022 and Thursday, September 16, 2022 for the City of Hollister Recreation Department concert in the parks series.

DEPARTMENT SUMMARY: The City of Hollister Recreation Department will host a concert in the park series at McCarthy Street Park on Thursday, August 25, 2022, Thursday, September 1, 2022, Thursday, September 8, 2022 and Thursday, September 16, 2022. In efforts to make the event safe for residents, Staff is requesting temporary street closure along McCarthy Street from Alvarado Street to South Chappell Road. Staff is requesting that the streets be closed at 4:00 p.m. and reopen at 9:00 p.m.

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

CEQA: N/A

ATTACHMENTS:

1. Public Assembly Permit & Street Closure - Concerts in the Park_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING TEMPORARY CLOSURE OF VARIOUS STREETS FOR THE CITY OF

HOLLISTER RECREATION DEPARTMENT CONCERT IN THE PARKS SERIES TO BE HELD ON THURSDAY, AUGUST 25, 2022, THURSDAY, SEPTEMBER 1, 2022, THURSDAY, SEPTEMBER 8, 2022 AND THURSDAY, SEPTEMBER 16, 2022

WHEREAS, The City of Hollister Recreation Department will host a concert in the park series at McCarthy Street Park on Thursday, August 25, 2022, T hursday, September 1, 2022, Thursday, September 8, 2022 and Thursday, September 16, 2022.; and

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

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 McCarthy Street from Alvarado Street to South Chappell Road from 4:00 p.m. to 9:00 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 16th 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. 2022-97, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regu lar meeting of said Council held on the 16th 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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ANTICIPATED RETURN PERMIT

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

CITY OF HOLLISTER
Date Received&;,.!) lJ(;
By City Clerk~---_)
if~l-,

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
2 . Sponsoring group(s):

Name Address
Publi c Assembly Permit
Phone
h· ,;: "7·~ l, 28 \
email:
h:
w:
email:

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

Page I of9

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3 . The person in charge of the Event:

Name Address
4 . Will monitors or security personnel be employed
during the event?
Name Address
Phone
YES NO If yes , please list below :

Phone
h:
w:
h:
w:

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

I Nrune
~fl\O.tJo Dled\Afl--
[:ess
6 . If private property, please list all property owners:

Name Address
Pub lic Assembly Perm it
I Phone
:.ti T ~~(a28Y
Phone
h:
w :
h:
w :

Page 2 ends

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7. Please describe the nature of the event:
\ V\

8. Date and time of the Event: 5\-Ye.e,_--\ c_,,\_os,2.0 L-{ ·. Ct) pf).--\ -9 . C0 fm

9. Please describe the location of the Event, including its boundaries: ~_Q C?Jv=SS 0, re v--) f esk v7l )ffi ~ ) ~ 2 ,.Q,b:>

10. Estimated number of participants:~\,_C:1)-.,,,,,=-----

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

Items Number Describe
Vehicles
Animals
Structures ~ \D'ii lD uo --\e~ P7
Other
Public Assembly Permit Page 3 of9

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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 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 Location
Banner
Signs

14. Are there parking requirements for the Event:@ No
Please describe: h\ O rcw Y-<\ ~ 0a \ ~p, ~ v9:;;t:"Qp) c D:::) 'f"0C£.Ct-4(-lliLI) $1-= be±Lu~D A \\JGl vdhio ~ 9--S."QbefPe \l ~

15. Will you provide water stations YES ~ If yes , how many? ___ _ Location(s): ----------------------------
Will you provide first aid?
Location(s): G,-c,, 7__S2,.XX )
Will you provide comfort stations
(portable restrooms)
~ NO If yes , how many? ___ _
YES ~ If yes, how many? ___ _
Location(s): ----------------------------
Publi c Assembly Pem1it Page 4 of9 -i--

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16. Will there be vendors at the Event?
Please describe:
@ No If yes, how many?_0...<e.---
T e Number Descri tion Business License
Food 3 .
l ~ cb
Drinks 3 -~~ee CA_,~-
Other

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

Permit A enc Descri tion Current Status
\
AD TIONAL INFORMATION (PARADES):
arade assembly will begin to assemble at: --------------- 2 .
3 .
ssembly point will be: --------------------
4 . Interval space to be maintained between un · ,: _____________ _ Pu b lic Assemb ly Permi t Page 5 of9

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CITY USE ONLY
****************************************************************************** APPLICATION IS:
~ APPROVED
□ DENIED

CHIEF OF POLICE
□ RETURNED
Explanation: -----------------------------
□ THIS PERMIT REQUIRES FURTHER INFORMATION:

Explanation: ____________________________ _
□ THIS PERMIT REQUIRES THE FOLLOWING CONDITIONS :

EVELOPMENT SERVICES DIRECTOR
DocuSlgned by:
~~s
~5'filt!ENT SERVICES DIRECTOR
Publ ic Assembly Pennit Page 6 of9

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CITY USE ONLY
****************************************************************************** APPLICATION IS:
~ APPROVED
□ DENIED

CHIEF OF POLICE
□ RETURNED
Explanation: ----------------------------
□ THIS PERMIT REQUIRES FURTHER INFORMATION :

Explanation: ----------------------------
□ THIS PERMIT REQUIRES THE FOLLOWING CONDITIONS :
□~ 7ii'YMANAGER
□ ---------------

MANAGEMENT SERVICES DIRECTOR
Publi c Assembly Permit Page 6 o f 9

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Please use this page for any additional information you may need to provide . □
□
□
□
Public Asse mbl y Permit Page 7 of9

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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT t o .µ ~ec.~-b W\ , 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 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 -r Public Event
Banner/Sign
□ Other
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents , whether of a serious or minor nature , occasionally occur during the course of an Activity such as that for which Appl icant 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.

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

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

Applicant shall , at its own cost , expense and risk , defend all suits, actions , or other legal proceed ings of every kind that may be brought or instituted by th ird persons against the City, relat ing to the Activity , or to enforce any penalty relating 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 su it , action or othe r legal proceedings . Applicant shall reimburse City for any and all legal expenses and costs incurred by City in connection therewith or in enforcing this Agreement.

Notwithstanding the foregoing , nothing herein shall be construed to require Applicant to indemnify the City from any claim arising from the sole negligence or willful misconduct of the City . -j(pplJCANT
Pub lic Assembly Permit Page 8 of9

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Attachment ''A''
Hollister Concerts in the Park

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uocu;::,1gn t:nve,ope ,u: At"lH OUA-'-~01:l"l--'IOAU-tll..,t:-'--'IAt:O-'Ll..,OOUH:1

CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close: rncc: Ca vd::h ', (street), from [=\\ \)[A.. (0-(lo (street) to~tJ:u,epe \ I '.12-et (street}, on . '2-'15" -F\lJ..C)
A I ·-e:,.e p-t '1\{\ the O -:::eo+:: day of _______ , 20~ between the hours of:
' lo '::>e/>f-
____ Y ___ : ...... 0:_} _f\'21 ........... a nd q "-CD Pt:r:) for a Neighborhood Block Party.

Contact Name: -7, (YA.. ~7 w-. Telephone No.: f.o I'?)-(o 210 l . Name \ , . c::._ k' ~ --· _Y,.._)_u__,._)...,,e. ...... ...zn..""" • .,___-,6ll.........,. ___ Cell Phone No.: __________ _ Address
Email Address: ·+-\N;& •'?fl:V::'.2.t2-:--G ho\\\~v. Co, , ~CJY Alternate Contact Person for day of Neighborhood Block Party: (mandatory) Name: m J)X},,)'\ av, O't'd\ Y\ IA Cell phone No.: 01?::, ~ (o 2-8½ Email: 9':v: tN)I..N}o .. rred, Y\&-<: ho~ "::½ty. Ca. .. ·upv Please provide a map of the party that shows the set up, and provide room in the middle of the street for emergency vehicle use, in case of an emergency. 1'\w9f, yJ.. \Jv~ uY\Jv
Management Services Director City nag

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CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close: me. Ca v-d-:b (1 (street), from [\\ \)(A c:MQ (street) to ~CJ::uwe \ I £e t (street), on . '2-~ -P...U-.':)
A l ·-':).e P-t f"\\~ the n -'::£9+-: day of _______ , 20~ between the hours of:
\(.!) '::>€/>+
____ Y....:....'.-=0: ...... >-.frYl ............... and CJ ..._ CD p,:n for a Neighborhood Block Party.

Contact Name: ·7 , NA-GGvv::2.0A... Telephone No.: Co l '?Y--{o 2,9 { Name , _?j_~) _ _)_\)___..._._.\~e____.<-:d ___ t _~------Cell Phone No.: ________ _ ~ddress
Email Address: .-\-\ct& -9:flV'2P---.C~ '00 \\\~-\ev, CQ.., « ~CJV Alternate Contact Person for day of Neighborhood Block Party: (mandatory) Name: Pr< tr{Mo M O)e d\na, Cell phone No.: VJ J ?:::,-(o Z8lf Email:CW~,.,a:ed,~<! ho\\\~.Co-.. r;,y.;v
Please provide a map of the party that shows the set up, and provide room in the middle of the street for emergency vehicle use, in case of an emergency.

FOR CITY USE ONLY
Chief of Police
Management Services Director
Fire Ch~<
City ~age

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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT l,u \~ ~C (A,,¾,cd:\ , its employees , agents, officers, representatives , contractors , heirs and ass igns , (collectively "Applicant"), hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Holl ister and/or its employees , officers , agents , or contractors , (collectively "City"), for death, personal injury , property damage , or any other damages which Appl icant may have or suffer, or wh ich may hereafter accrue , as a result of t he :
~ Block Party
□ Parade
□ Public Event
□ Banner/Flag
□ Other
("the Activi t y"). T his RELEASE is inte nded to discharge the City in advance from any and all liability arising out of or connected in any way w ith the Activi ty , even though t hat liabili ty 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 Holl ister; and that participants may occasionally sustain mortal or serious personal injuries , and/or property damage , as a consequence thereof. Knowing the risks of the Activity, Applicant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City .

It is further understood and agreed that th is WAIVER , RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individuals or entities comprising Applicant , and Appl icant 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.

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 l iabilities, in law or in equity , of every kind and nature whatsoever, for, but not lim ited to , injury to or death of any person including Applicant, and damages to or destruction of any property of City or Applicant , or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity, however caused and regardless of whether or not caused in part by the City. (b) Any and all damages, costs , expenses, or penalties , imposed on account of the violation of any governmental law or regulation , compliance with which is the respons ibility of Applicant.

Appl icant shall , at its own cost , expense and risk , defend all suits , actions , o r 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 o r 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 requ ire Applicant to indemnify the City fr~m, ~;,:::ansing from the sole negl igenre o;;zc7u:z Cicy.

DATE APf1i.A:

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State of California
County of San Benito
}
}
}

AFFIDAVIT
I, fumo..n Je) ~erf, f\ o.,_ affirm that the signatures included with the Block Party Permit are from a majority of residents/businesses in the affected area were obtained by me and are in support of:

The temporary closure of:U}}r ,,0 Co~
_____ (street) to~-q~Y1D"--l42.f?I I R-d
(street), from &! \){{_(qk)
'2,s; PG--~
(street), on the \ ~P
B es,~
day of _______ , 20 _, between the hours of: 1 u;-Sept
_y----:......··-l ...... U)""'------+-()--'-ro ............... __ and oy -CJD 62()1] for a Ne ighborhood Block Party. (Sta rt tim e) ~ (End t ime ) f""
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory .

Signature:----,l.~----A-1----------
Pr inted Name: A:r.u Pl \I'--~ M~.llvtCv
l
Date : 'f, l l ~/lo 2,,1-

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CITY OF HOLLISTER

PARADE/EVENT STREET CLOSURE PERMIT
Sponsoring Group LO \-\ ~ecrea,,~0:::)
Representative :Jj OCi, ~v:::20-::-
Address 3co l A )e'::)+ '2>1Ye:f±
Phone Number 0 t 3: (o L9 \ Email: :t:I C':f::--, W,x ?P-.-0 Cel&S-fe:v;ca -~ Streets, Req~est Use of f«l C 0.. v+b Ct\ str (t::t
P..~d es} t:>eot 1 ) pb to q .: {j(J ~
Number of People \ ~ Music: Yes ~ No
Type of Parade/Event Street Closure Qnreecrs \ r'"I '-..1h:!...-~., k-- Dated: _____ _ Signed : ___________ _
For City of Hollister Use only
Cit
Approved by City Council at regular meeting of ________ _

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CITY OF HOLLISTER

PARADE/EVENT STREET CLOSURE PERMIT
Sponsoring Group Ce o \-\ ~f'c.r eQ,,,,~v'Y)
Representative :1:i O& Bt-w20:---
Address 300 l 1 )e':)t 51Ye ,-e±
Phone Number {o I :3--(o Z9\ Email : :ti f'C.-, ?fAv ?.JJ.-0 /')1(h5:fer;:ea .~ Streets, Req~est Use of f{Yl C 0--v '-\-JhY\ S:t:r le.:t F\~d t:5; ':>eOf 1 ) S,ep\-8/~ )(o .

Date ________ Time of Day: from LJ · Ul,) p:tJ to q .: {j() 02:J Number of People \ ~ Music: Yes V:::: No
Type of Parade/Event Street Closure ~need::s \ n \_..\,Oh lliv rL Dated : ------Signed: ___________ _
For City of Hollister Use only
Chief of Police
Management Services Director c~
Approved by City Council at regular meeting of _______ _ ( ,h 1 , · 11,,k1l.p1.,' · (,
J',, ,,, IO<Zu 1

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Block Party Street Closure Resident's Signatures
·-~re_e..,r+s \ n. ~~ ~ k_ -
Street to be closed: ({'C CJ) __ AA½
. f '~ from F\-\ V CA VfA_(/N) (street) to · ..),, (:J'(J pr:x? I l (street), d S -P-~ , t-':)e~ J '5~pt-; \ t.o- e Pt a
on the ____ day of ______ , 20~ between the hours of Lj; {XJ r Yh and Cl :a ) ~r:b for a Neighborhood Block Party.

We, the undersigned do hereby support and consent to the above street being closed based on the information provided above.

NAME RESIDENCE
2 3
4 5
6 7
8 9
IO
(Duplicate this page as needed in order to submit the majority of re s idents in the affected area.)

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RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT C.O \\:: 1?tt t:rOrbo:n , 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 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/Sign
□ 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 Act ivity , 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.

It is further understood and agreed that this WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individuals or entities comprising Applicant, and Applicant will make no claim against , sue, attach the property of, or prosecute the City for injury or damage or economic loss resulting from the negligence or other acts or omissions , howsoeve r 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.

Applicant shall INDEMNIFY , RELEASE AND HOLD HARMLESS the City from:
(a) Any and all claims, demands , causes of action , damages, costs, expenses , losses, or liabilities , in law or in equity, of every 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 Applicant, or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity , however caused and regardless of whether or not caused in part by the City. (b) Any and all damages, costs , expenses , or pena lties, 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 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 require Applicant to indemnify the City from any claim arising from the sole negligence or willful misconduct of the City.

DATE
I oh h, 11 •ckrkpl,ii,•(" ,i llve,< Pc·JT"l \.!,,,,, '•1,· 1,JI' icl.1 ·,P1ck.n::· Rei·,, ' l I() ~i)J 1

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 5, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-98, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING TEMPORARY CLOSURE OF

VARIOUS STREETS FOR THE CITY OF HOLLISTER RECREATION DEPARTMENT MOVIES UNDER THE STARS SERIES TO BE HELD ON FRIDAY, JUNE 17, 2022, FRIDAY, JULY 15, 2022, AND FRIDAY, AUGUST 12, 2022

BRIEF DESCRIPTION: This Resolution will authorize the closure of McCarthy Street from 4:00 p.m. to 11:00 p.m. on Friday, June 17, 2022 , Friday, July 15, 2022, and Friday, August 12, 2022 for the City of Hollister Recreation Department Movies Under the Stars series.

RECOMMENDATION: That the City Council ADOPT a Resolution to temporarily close McCarthy Street from 4:00 p.m. to 11:00 p.m. on Friday, June 17, 2022, Friday, July 15, 2022, and Friday, August 12, 2022 for the City of Hollister Recreation Department Movies Under the Stars series.

DEPARTMENT SUMMARY: The City of Hollister Recreation Department will host a Movies Under the Stars series at McCarthy Street Park on Friday, June 17, 2022, Friday, July 15, 2022, and Friday, August 12, 2022. In efforts to make the event safe for residents, Staff is requesting temporary street closure along McCarthy Street from Alvarado Street to South Chappell Road. Staff is requesting that the streets be closed at 4:00 p.m. and reopen at 11:00 p.m.

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

CEQA: N/A

ATTACHMENTS:

1. Movies Under the Stars - Street Closure -Approved_Redacted

2. Movies Under the Stars - Pub. Assembly -Approved

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-98

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING TEMPORARY CLOSURE OF VARIOUS STREETS FOR THE CITY OF

HOLLISTER RECREATION DEPARTMENT MOVIES UNDER THE STARS SERIES TO BE HELD ON FRIDAY, JUNE 17, 2022, FRIDAY, JULY 15, 2022, AND FRIDAY, AUGUST 12, 2022

WHEREAS, The City of Hollister Recreation Department will host a Movies Under the Stars series at McCarthy Street Park on Friday, June 17, 2022, Friday, July 15, 2022, and Friday, August 12, 2022; and

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

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 McCarthy Street from Alvarado Street to South Chappell Road from 4:00 p.m. to 11:00 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.

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 16th 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. 2022-98, 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 16th 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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D~cu~ign ~l'rvel?pe ID : 97C 1905E-9C 57-49B2-9288-403DB8DD4823

CITY OF HOLLISTER

BLOCK PARTY PERMIT
Permission is requested to temporary close: [Y'c (1 O-LJb ':) (streett from l -(street ) to '::>_ l~Pi:;£{ Be\ (street), on
the l y of _______ , 20~ between the hours of:
~~
)'2-Y ·.a: fro and ----1.J~--..1.~~-for a Ne ighborhood Block Party .

Co ntact Name : ::f \ (\{A.. C\v..v :2,G½, Telephone No .:

Name '?> I l& ~ ::s!vr :€:t Ce ll Pho ne No.: ----------Addres s Ema il Address: }, C(& 0 Of>= V:: 2t-:-C, hr,\\, 4:-,-t v · Cc--'3GV A lternate Contact Person for day of Ne ig hborhood Block Part y: (ma ndatory) Name : t\Y)]\(J._ n '/) med 1b "' Ce ll phone No _: Co ~ 3> -{a 1 }2 L , Ema il:(Lv M lit-rt")o ., 01€£/\ nr❖G , h6 \, '~ cc~ -0:f P lease prov ide a map of the party tha t shows the set up , and prov ide room in the mi ddle of the street for eme rge ncy v e hicl e u se , in cas e of an em e rg en cy. -

FOR CITY USE ONLY
Management Services Direct o r
5/6/2022
_ \.-f ~ ooy.,_., -i l'-o or~
y: 6~ _, tl ~ OO~w--
-y : 00 pv.,-. -' \ : 0 0 pvY-

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D~cu~ign Envelope ID : 97C 1905E-9C57-49B2-9288-403OB8DD4823 '
Attachment "A"
Hollister Movies Under the Stars
Comments from Eng ineering: No comments

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obcu~ign Envelope ID: 97C1905E-9C57-49B2-9288-403DB8DD4823

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT Cc 2 t~ ~ec -Ywr b[JD . its employees, agents , officers, representatives , contractors, heirs and assigns, (collectively UApplicant"), hereby WAIVES, RELEASES ANO 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
D Banner/Flag
□ Other
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity , even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents, whether of a serious or minor nature , occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister; and that participants may occasionally 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 ANO HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that this WAIVER, RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individuals or entities comprising Applicant , and Applicant will make no claim against, sue, attach the property of, or prosecute the City for injury or damage or economic loss resulting from the negl igence 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.

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from:
(a) Any and all claims, demands, causes of action, damages, costs, expenses, losses, or liabilities , in law or in equity, of every kind and nature whatsoever, for, but not limited to, injury to or death of any person including Applicant, and damages to or destructi on of any property of City or Applicant, or any economic loss suffered by Applicant , arising out or of in any manner directly or indirectly connected with the Activity, however caused and regardless of whether or not caused in part by the City. (b) Any and all damages , costs , expenses , or penalties , imposed on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Applicant Applicant shall, at its own cost, expense and risk, defend all suits, actions, or other legal proceedings of every kind that may be brought or instituted by third persons against the City , relating to the Activity , or to enforce any penalty relating to the Activity. Applicant 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 Applicant to indemnify the City from any claim arising from the sole negligence or willful misconduct of the City.

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DocuS ign Erwel9pe ID : 97C 1905E-9C5 7-49B2-9288-403DB8DD4823 State of California
County of San Benito
}
}
}

AFFIDAVIT
I, __ .......... ..._~..._~ ......... _._,.,.-_affirm that the signatures included with the Block Party Permit are from a majority of residents/businesses in the affected area were obtained by me and are in support of:

The temporary closure of: (Yr :::tt1 VJ (streetlz from A I vc._ -c-d 0 7 i7 -S-n
______ (street) to SJl.,h;ij?fP ( I ·:Ro ( street), on the i 5 ~w ~ r\ I'? Puv}-i ~f
day of _______ , 20 ~ between the hours of:
_y_·_. (i)_··_Cf_ry'-----\ __ and I \ : n~ \?VY) for a Neighborhood Block Party. (Start time } (End time)
I further verify and affirm that each line of the signature sheet was personally affixed by the signatory.

Signature:

Printed Name: b:<Y"" a, 1:µ {'t\ll\f\'-'

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Oocu~ign Enve lope ID : 97C 1905E-9C57-4982-9288-403 O8 8OO4823 Block Party Street Closure Res ident's Signatures
~ J \ e_s U Y\.J.Q.v j" '2r\o-Y-S ~
Stree t t o be cl osed: (Y\C .11 .. !3..
ai&i ~n J,,,t,I~ •irrJ ......... s~a .......... a.~ ... ~ ~t:l81n .fts.~ ..... .

Residence ,\d '7T ~
.l Y..\. .. .'.t: ..

Ciry iJf Tov.n 1~ra.P-L
... t\0.\.\.1 .. ··············•··········
~rwq)
nyorT,
·············. . ........ Y.L .... .
ubmit the majority of residents in th affected area .)

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o'ocuSign envelope ID : 97C 1905 E-9C57-4982-9288-403DB8OD4823 . .

CITY OF HOLLISTER

PARADE/EVENT STREET CLOSURE PERMIT
('r_.10 rO _i_ Sponsoring Group ___ :t:l J)O C V- Pt{_, "-=-----F ire hief l(!:-- r;;"•:~s ~
fuWa~ffl~ttt Services Director c ~anagei
Approved by City Council at regular meeting of ________ _

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DocuSign l:n_velppe ID: 97C1905E-9C57-4982-9288-403D88OO4823

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT Co \1 ''t<q ( ((i::t'.'( -7: its employees agents, officers , representatives , contractors , heirs and assigns, (collectively MApplicant"), hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees , officers, agents , or contractors, (collectively MCity"), 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
o Banner/Sign
o Other -----------
("the Activity"}. This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents , whether of a serious or minor nature, occasionally occur during the course of an Activity such as that for which Applicant has requested permission from the City of Hollister; and that participants may occasionally 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 C ity regardless of whether or not any injury or damage is caused in part by the City.

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

Applicant shall INDEMNIFY, RELEASE AND HOLD HARMLESS the City from:
(a) Any and all claims , demands, causes of action, damages, costs , expenses . losses, or liabilities . in law or in equity, of every 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 Applicant . or any economic loss suffered by Applicant. arising out or of in any manner directly or indirectJy connected with the Activity , however caused and regardless of whether or not caused in part by the City. (b) Any and all damages , costs , expenses , or penalties , imposed on account of the violation of any governmental law or regulation, compliance with which is the respons ib ility of Applicant.

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

Notwithstanding the foregoing, nothing herein shall be construed to require Applicant to i ndemnify the C ity from any claim arising from the sole negligence or willful misconduct of the City.

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Docu S ign Envelope ID: 97C 190 5E-9C57-4 982-9288-403 D88DD 4823 ANTIC/P.ATW Rf;rUR,11 PERMIT
J1TENDffS wn-mN
1000 + 60+ davs
0-1000 -15 + days

CITY OF HOLLISTER

PUBLIC ASSEMBLY PERMIT
EVE 'T: (J't)\.J \es Llnd[ v'dhe 5-\0rS. D TE :

LOCATIO N: fY\c. C llV:+:h v1 ~~ Pa vll
Received
L •\I) '1..<-iL L
-t ., l':5, 20?'2.....
fru 9• I 2 J 2 0 7. "'L
P lease complete t he permi t application and return to the City Clerk\ ithin the pre cribed time period referenced above. hould you need further space to respond to these questions. pl ease use pa e 7 or attach your re pon e to this application. Please attach Certificate of lnsuran e to this application.

I. Applicanr
ame Add res

2. Sponsoring group(s):

Name Addr ess
(~
Pubhc Ass.:mbl) Pcrmit
Phone
h:
w:
e mail :
h:
w:
email:

P hone
h:
w:
email:
h:
\'V:
email:

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DocuSign Envelope ID: 97C 1905E-9C57-49B2-9288-403O88OO4823

3. The person in charge of the Event:

I -=-
Name
2-t

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

5. Emergency contact (otj:l ~an the person in charge of the Event):
,-·
j Name
P<v: fnl~r1c,b

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

Name
Pub lic Assembly Perrni1
I Phone
:. W 1 3 -l/2-8 L/
Phone
h:
w:
h:

Page 2 ends

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DocuS ign Envelope ID : 97C1905E-9C57-4982-9288-403O88OO4823

7. Please descri be the nature of the event:

8. Date:·--s..__~l\.( 7 s
S 4 P-Li \ 2 m
9 . Please describe the location of the Event, includ ing its boundaries: ~C?f _, ~( S S w::LG ) r 5 1Yti)W\S > C!;h2 h o
I 0. E.stimated number of participants:___,\_9-)_.__-. ____ _ I I. Please describe the number of vehicles animals and/or structures that will be used in the Event :
--
Items -umber Descnne
Vehicles I /.lt'-
Animals r-J!{)c
Structures )D ->-z_
Other tv (A'
Pu blic Assemb ly Permit

Page 3 ends

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DocuSign Envelope 10 : 97C 1905E-9C57-49B2-9288-403OB8DD4823

12. Please pro idea brief de cription of any ound amplification equipment and illumination to be used at the E ent:

Item umber ofUnits T Location
Sound/ Amplification
fllumination
Other

13. Please provide a brief description of an y construction of signs or banners to be used for the Event:
umlrer Materials Location
Banner
Signs

14. Are there parking requirem ents for the Event:@ 0
Please de crib e : J4 o pu. y(\t <\ ~ £;.~f\S. fOc:d'.--u,_o( CJD D C C U--YI 4= DPt:1...,l tee h F\ \ u vo.Jo TI C\-~r C Du. pg I I 'R d

15. Will you pro v ide w a ter stations YES
Location(s):. ___________________________ _
Will you pro v ide first aid?
Location (s): G&.,2; ~
Will you pro v ide comfort stations
(portable restrooms)
§No If e .how many? ___ _
YES 0 If ye ho\! many? ___ _
Locati on(s): ___________________________ _
Public Assembly Penni e Page 4 of9

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DocuSign Envelope ID: 97C1905E-9C57-49B2-9288-403OB8DD4823 16 . Will there be vendors at the Event? 0 If yes how many?___;lo=---- Please describe :
umber :Bescri tion Business Licensee.

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

Permit Descri ·on Current Status
ADDITIO AL FORMA TIO (PARADES):
l. Parade assembly wi II begin to as emble at:. ________ ,,.,::.. ______ _ 2 . Parade assembly point will be : ________ ~----------

3. Parade route will be: _________ ,...c;. _____________ _ /

4. Interval sp~ce to be maintained between units : _____________ _ /

5. U_91 ber of Floats :______ Other Vehicles: _________ _ / Sizes: ___________ _
Pu blic Assembly Perm.ii

Page 5 of 9 ends

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.

DocuS ign Envelope ID: 97C1905E-9C57-49B2-9288-403DB8DD4823

CITYUSEO LY
****************************************************************************** APPLICA TIO IS:
~ APPROVED
□ DE IED
□ RETURNED
Explanation: ____________________________ _
□ THIS PERMIT REQUlRES FURTHER INFORMA TIO
Explanation: ____________________________ _
0 THIS PERMIT REQUIRES THE FOLLO\VING CONDITIO S:
□ ---,,',4-<:___-=___::,.~......::::::._c::___ ___ _

D DIRECTOR
D ~~~s
°Amtv1ENT SERVICES DIRECTOR
Public Assembly Permit Page 6 of9

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.

DocuS ign Enve lope ID: 97C1905E-9C57-4982-9288-403D88DD4823 Plea e use this page for an y additional infonnati on you ma y need to pro vi de. □
□ ~ __ '7_....l,_...!.L:)...:....___b ~u=Lv_i______!._D-..l...:0~\2~1 :.._f~~--'-~ :) .......... ---:;::=2)~~ -□ __ L____::~a.....:::::::::--L._.L.__-=....__:_::_~a....l....!..............,_.'-'---1---"-"--t--------------\~D; LL e_sc ✓ (; \-': C--b 'C \ ~l.,:\ ~ \
□
Public Assmibly Pamit

Page 7 ends

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DocuSign Envelope ID: 97C1905E-9C57-49B2-9288-403DB8DD4823

RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT (' ( J \:\ ·ft c.,rpo::\::)( r<'\. , its employees, agents, officers, representatives, contractors, ti°eirs and assigns, (collectiv~liApplicant"), hereby WAIVES, RELEASES AND DISCHARGES any and all claims against the City of Hollister and/or its employees, officers, agents, or contractors, (collectively "City"), for death, personal injury, property damage, or any other damages which Applicant may have or suffer, or which may hereafter accrue, as a result of the:
0 Block Party
0 Parade
~ Public Event
0 Banner/Sign
□ Other
("the Activity"). This RELEASE is intended to discharge the City in advance from any and all liability arising out of or connected in any way with the Activity, even though that liability may arise out of negligence or carelessness on the part of the City.

Applicant further understands that accidents, whether of a serious or minor nature, occasionally occur during the course of an Activity such as that for which Appl icant 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 Acti vity, Appl icant ASSUMES those risks and agrees to RELEASE AND HOLD HARMLESS the City regardless of whether or not any injury or damage is caused in part by the City.

It is further understood and agreed that this WAIVER , RELEASE AND ASSUMPTION OF RISK is to be binding on Applicant, and such individua ls or entities compris ing Applicant, and Appl icant 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 i ssions , howsoever caused , of City, as a result of Applicant's participation in , or City's authorization of the Activity or any other act or om i ssion of City relating to the Activi ty.

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

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

Notwithstanding the foregoing , nothing herein shall be construed to require Applicant to indemnify the City from any cla;m ansing from the sole negligence or ~duct . f the pty. lf/i 3 IM• hl

DATE APPLIANT
Public Assembly Permi t Page8of 9

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 5, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-99, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER TO SURPLUS CITY OWNED WRESTLING MATS

BRIEF DESCRIPTION: A Resolution of the City Council of the City of Hollister authorizing Staff to declare the wrestling mats as surplus. Once approved staff seeks to donate wrestling mats to Isaias Rivera and Razorback Wrestling.

RECOMMENDATION: Staff recommends that the City Council ADOPT a Resolution to declare the City wrestling mats surplus. Once the mats are approved to surplus, staff recommends that the City Council then donate to Isaias Rivera and Razorback Wrestling.

DEPARTMENT SUMMARY: The City wrestling mats were purchased in 2009 and within the last three or more years these mats have been rolled up in the storage area at Vista Park Hill. The City had a MOU with San Benito High School, the agreement allowed the high school to use the wrestling mats during their wrestling season and in return the school would not charge the City a rental fee allowing Recreation to host the annual wrestling program at an affordable cost to our community. The building under the agreement was demolished thus leaving Recreation without a place to host the youth wrestling program.

Isaias Rivera and Razorback Wrestling recently approached staff mentioning a building has been secured and requested to use the wrestling mats. Donating the wrestling mats to Isaias Rivera and Razorback Wrestling will allow the City to bring back the wrestling program beginning in January 2023. Additional, the donated mats will give opportunities to youth seeking other outlets besides wrestling. The group pl ans on offering different group fitness classes to promote socialization leading to better Mental Health for our youth.

FINANCIAL IMPACT: None

CEQA: N/A

ATTACHMENTS:

1. Attachment A - City of Hollister Equipment Surplus List

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. 2022-99

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO

SURPLUS CITY OWNED WRESTLING MATS

WHEREAS, the City of Hollister owns the wrestling mats “Property” as listed in Attachment (A), which is no longer needed by the City; and

WHEREAS, In order to dispose of the “Property” it must be first declared as surplus.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes staff to surplus the wrestling mats as identified in Attachment “A” and for such surplus to be donated to Isaias Rivera and Razorback Wrestling.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th 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. 2022-99, 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 16th 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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ATTACHMENT “A”
City of Hollister Equipment Surplus List

Department Number Equipment Year Item Description
8000 Two Mats Wrestling
Mats
2009 Wrestling mats

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 3, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-100, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSAL FROM KIMLEY-HORN AND ASSOCIATES, INC. FOR ALLEY TOPOGRAPHIC SURVEYS

AND AUTHORIZING STAFF TO ISSUE A TASK ORDER FOR THIS WORK UNDER THE CURRENT ON-CALL CONTRACT.

BRIEF DESCRIPTION: This Resolution will approve the proposal from Kimley Horn and Associates to prepare the City of Hollister Alley Topographic Survey as part of future planning and design for alley pavement and drainage projects.

RECOMMENDATION: The City Council ADOPT a Resolution approving the Proposal from Kimley-Horn and Associates, Inc. to prepare the City of Hollister Alley Topographic Survey as part of future planning and design for alley pavement and drainage projects and authorizing staff to issue a task order for this work under the current on -call contract.

DEPARTMENT SUMMARY: The City of Hollister desires to engage Kimley-Horn and Associates, Inc. (Kimley- Horn) to prepare Alley Topographic Surveys as part of future planning and design for alley pavement and drainage projects of the following alleys:

Street Name Length
(mi)
Street Name Length (mi)
Ann Street 0.053 McClure Alley 0.074
Briggs Alley 0.523 Nolte Alley 0.464
Browns Alley 0.351 Park Alley 0.053
Canal Alley 0.242 Short Alley 0.053
Fremont Way 0.485 Smith Alley 0.357
Furlong Alley 0.056 Stone Alley 0.122
Grubb Alley 0.052 Swope Alley 0.270
Hawkins
Alley

0.044 Wentz Alley 0.518
Hodges Alley 0.053 Wiebe Way 0.077
Long Alley 0.049

The Topographic Survey will be provided for the alleys listed above within the unobstructed portion of the City’s right of way. The items that the survey will include F.10
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are: Vertical and Horizontal Controls, location, elevation, size, and type of existing utilities, spot elevations, grade breaks, flow lines, etc. Survey will be provided in a PDF and in CAD format, suitable for use in preparing final design and construction contract documents.

Staff has reviewed the proposal from Kimley-Horn and recommends that the City Council adopt a Resolution approving the proposal from Kimley -Horn and authorize staff to issue a task order for this work under the current on -call contract.

FINANCIAL IMPACT: It is anticipated that the estimated cost will be $121,001. Funds will come from Fund 216.

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. 2022-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE PROPOSAL FROM KIMLEY-HORN AND ASSOCIATES, INC. FOR

ALLEY TOPOGRAPHIC SURVEYS AND AUTHORIZING STAFF TO ISSUE A TASK ORDER FOR THIS WORK UNDER THE CURRENT ON-CALL CONTRACT.

WHEREAS, Kimley-Horn and Associates, Inc. (Kimley- Horn) prepared and submitted to the City a scope and fee proposal for the Alley Topographic Survey Project; and

WHEREAS, the City of Hollister desires to engage Kimley-Horn under the current on-call contract to prepare Alley Topographic Surveys as part of future planning and design for alley pavement and drainage projects; and

WHEREAS, Kimley-Horn has provided a cost estimate which staff has reviewed and found to be responsive and within cost expectations.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister adopt a Resolution approving the proposal and authorizing staff to issue a task order for this work.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th 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. 2022-100, 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 16th 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 16, 2022
SUBMITTED: May 9, 2022 AGENDA ITEM: Introduction and Adoption of Resolutions and Ordinances
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RESOLUTION NO. 2022-101, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOZANO SMITH

ATTORNEYS AT LAW FOR INTERIM CITY ATTORNEY/LEGAL SERVICES

BRIEF DESCRIPTION: This Resolution will approve and authorize the City Manager to execute a Professional Service Agreement with Lozano Smith for Interim City Attorney/Legal Services.

RECOMMENDATION: Adopt a Resolution of the City Council of the City of Hollister authorizing the City Manager to execute a Professional Service Agreement with Lozano Smith for Interim City Attorney/Legal Services.

DEPARTMENT SUMMARY: A vacancy for the position of the City Attorney was created due to the expiration of the current City Attorney’s Contract. An RFP/Q was conducted and Staff received two (2) proposals. Staff is recommending that the City Council authorize the City Manager to enter into a Professional Services Agreement with Lozano Smith for Interim City Attorney/Legal Services.

FINANCIAL IMPACT: Monthly Retainer of $24,000

CEQA: N/A

ATTACHMENTS:

1. Agreement for Professional Services - Lozano Smith

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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RESOLUTION NO. 2022-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH LOZANO SMITH ATTORNEYS AT LAW FOR INTERIM CITY

ATTORNEY/LEGAL SERVICES

WHEREAS, the City of Hollister has a vacancy for the City Attorney/Legal Services since the contact expired for past City Attorney; and

WHEREAS, An RFP/Q was conducted and Staff received two (2) proposals; and

WHEREAS, Staff is recommending that City Council authorize the City Manager to execute a Professional Service Agreement with Lozano Smith for Interim City Attorney/Legal Services.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes and directs the City Manager, for and on behalf of the City Council, to execute the Agreement for Interim City Attorney/Legal Services between the City of Hollister and Lozano Smith Attorneys at Law.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th 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. 2022-101, 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 16th 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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AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT is made and entered into this day of
__________________, 2022, by and between the City of Hollister, a California General Law City and Municipal Corporation, whose address of record is 375 5th Street, Hollister, California 95023 (hereinafter referred to as "City"), and Lozano Smith, LLP, a Limited Liability Partnership, whose address of record is 7404 N.

Spalding Avenue, Fresno, California 93720-3370 (hereinafter referred to as "Attorney").

WHEREAS, City desires to engage Attorney as its interim City Attorney; and,

WHEREAS, Attorney represents that it possesses the professional skills to serve as City Attorney and to perform all services and duties customarily and typically provided in the capacity of a city attorney.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:

1. SCOPE OF SERVICES. The Attorney shall furnish all services as the interim City Attorney for the City.

2. PERFORMANCE OF SERVICES. The Attorney shall perform and complete all services as interim City Attorney in coordination with and under the direction of the City. The City shall coordinate with Attorney in specifying on site services, including training as requested by the City.

3. COMPENSATION. Payment by the City to the Attorney for legal services rendered under this Agreement shall be made upon presentation of an invoice detailing services performed, in accordance with the fee schedule set forth in Exhibit "A" attached hereto and incorporated herein by reference.

5. METHOD OF PAYMENT. Compensation to Attorney shall be paid by the City after submission by Attorney of an invoice delineating the services performed.

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LS Lozano Smith

ATTORNEYS AT LAW

2 6. RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Attorney relating to the matters covered by this Agreement shall be the property of the City, and Attorney hereby agrees to deliver the same to the City upon termination of the Agreement.

It is understood and agreed that the documents and other materials including but not limited to those set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.

7. ATTORNEY'S BOOKS AND RECORDS. Attorney shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Attorney to this Agreement. Any records or documents required to be maintained shall be made available for inspection, audit and/or copying at any time during regular business hours, upon oral or written request of the City.

8. INDEPENDENT CONTRACTOR. It is expressly understood that Attorney is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Attorney shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Attorney desire any insurance protection, the Attorney is to acquire same at its expense.

In the event Attorney or any employee, agent, or subcontractor of Attorney providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Attorney shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Attorney or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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3 9. INDEMNITY.

A. Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.

B. Indemnity for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.

10. INSURANCE. During the term of this Agreement, Attorney shall maintain in full force and effect at its own cost and expense, the following insurance coverage:

a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer's Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City.

b. General Liability.
(i) Attorney shall obtain and keep in full force and effect general liability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.

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4 (ii) Attorney shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Attorney.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Attorney and its sub- contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
(v) Attorney shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Hollister, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.

c. Automobile Insurance.

(i) Attorney shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
(ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the Attorney. (iii) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Attorney and its sub- contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.

d. Professional Liability Insurance. Attorney shall carry professional liability insurance appropriate to Attorney's profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers' coverage is to be endorsed to include contractual liability.

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5 e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:

(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; and,
(ii) An insurance carrier with a current A.M. Best Rating of A:VII or better (except for workers' compensation provided through the California State Compensation Fund).

f. Certificate of Insurance. Attorney shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation—including cancellation for nonpayment of premium.

g. Notwithstanding any language in this Agreement to the contrary, Attorney shall be entitled to be paid pursuant to the terms of this Agreement until Attorney has obtained the insurance required by this Section 10 and provided documentation of said insurance to the City. In addition to any other remedies City may have, City reserves the right to withhold payment if Attorney's insurance policies are not current.

11. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Attorney and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Attorney under this Agreement will be permitted only with the express written consent of the City.

12. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Attorney that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Attorney. If the Agreement is so terminated, the Attorney shall be paid for that percentage of the phase of work F.11.a
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6 actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time the notice of termination is received.

13. CONFORMANCE TO APPLICABLE LAWS. Attorney shall comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Attorney in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.

Attorney hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Attorney so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Attorney hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.

14. WAIVER. In the event that either City or Attorney shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.

15. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached document(s) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.

Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.

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7 16. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived.

17. GOVERNING LAW AND VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California, including the California Rules of Professional Conduct. Any action brought relating to this agreement shall be held exclusively in a state court in the County of San Benito.

18. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.

19. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.

20. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.

21. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.

CITY OF HOLLISTER
A California General Law City and
Municipal Corporation

BY:
_______________________________
Brett I. Miller, City Manager

ATTEST:

CHRISTINE BLACK, CITY CLERK

BY: ____________________________
City Clerk

ATTORNEY

LOZANO SMITH, LLP, A Limited
Liability Partnership

BY:
________________________________
Karen M. Rezendes, Managing Partner

Taxpayer I.D. No. 80-0874383

ADDRESS: 7404 N. Spalding Avenue
Fresno, CA 93720
TELEPHONE: (559) 431-5600
FAX: (559) 261-9366
E-MAIL: [email protected]

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9 EXHIBIT A

PROFESSIONAL RATE SCHEDULE

FOR CITY ATTORNEY OF HOLLISTER

1. MONTHLY RETAINER FOR GENERAL LEGAL SERVICES
General Legal Services – Monthly Retainer (Does not include Litigation Services) $24,000 - 100 hours of general legal services at a maximum of $24,000 per month, billed at $240 per hour

General Legal Services – Over Monthly Retainer
Attorney $ 250 per hour
Law Clerk/Paralegal $ 125 per hour

HOURLY PROFESSIONAL RATES FOR SPECIAL LEGAL SERVICES
Litigation Legal Services
Attorney $250 per hour
Law Clerk/Paralegal $125 per hour

2. BILLING PRACTICE

Lozano Smith will provide a monthly, itemized Statement for services rendered. Time billed is broken into 1/10 (.10) hour increments, allowing for maximum efficiency in the use of attorney time. Invoices will clearly indicate the department or individuals for whom services were rendered.

Written responses to audit letter inquiries will be charged to Client on an hourly basis, with the minimum charge for such responses equaling .5 hours. Travel time shall be prorated if the assigned attorney travels for two or more clients on the same trip.

3. COSTS AND EXPENSES

In-office copying/electronic communication printing $ 0.25 per page Facsimile $ 0.25 per page
Postage Actual Usage
Mileage IRS Standard Rate

Other costs, such as messenger, meals, and lodging shall be charged on an actual and necessary basis.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: April 27, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

Code Enforcement
Adrianna Ortiz, Acting Planning
Director
CONTACT: Ariana Fabian, Admin Support
Services Assistant
831-636-4356

SPONSOR(S): Burns

TITLE OF ITEM: CODE ENFORCEMENT VIOLATION REPORTS

BRIEF DESCRIPTION: Code Enforcement violation report update for 2021 and 2022.

RECOMMENDATION: Staff recommends City Council receive the report and discuss substandard case and provide direction if any.

DEPARTMENT SUMMARY: City Council requested violation reports for code violations. Code Enforcement is presenting violations reported for the year 2021 to present.

ATTACHMENTS:

1. Presentation - Code Enforcement Informational Report

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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Code Enforcement

CITY OF HOLLISTER CODE ENFORCEMENT INFORMATIONAL REPORT G.3.a
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Substandard Housing Open Cases
u Marne Dr. (2)La Macchia Ct.
u Chappell Rd. Meadow Cir
u Memorial Dr.Rustic St.
u West St. Marseille Ct.
u San Lorenzo Versailles Dr.
u Monterey Rd. Graf Rd.
u San Tropez Dr. East St.
u Plum Ct Sunset Dr.
u Industrial Dr. Victoria St.
u Casten Ct.Talbot Dr. (2)
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Substandard Housing Open Cases
u Canal Alley (2)
u Hill St.
u College St.
u Buena Vista
u Fifth St. (2)
u Prune St.
u Bella Vista Dr.
u Victoria St. (2)
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What is a Substandard Housing?
Mold Unpermitted Plumbing
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I_I

What is a Substandard Housing?
Unpermitted Structure
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Ill
II II_

What is a Substandard Housing?
Roach Infestation Unpermitted Structure
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Violations Reported/Identified for 2021
u Improperly stored materials: 98
u Trash containers: 60
u Overgrown landscape: 54
u Vehicle parked on non-paved: 62
u RV’s,trailers and Boats: 46
u Inoperable Vehicle: 33
u Graffiti: 22
u Other Violations: 546
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Violations Reported/Identified for 2022
u Grocery Carts: 195
u Trash containers: 120
u Overgrown Landscape: 46
u Inoperable Vehicle: 32
u Improperly stored materials: 28
u Vehicle parked on non-pave: 22
u Graffiti: 18
u Unpermitted 2nd Driveway: 13
u Other Violations: 294
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Most Common Violations Reported
for 2021and 2022
30%
10%
24%
20%
16%
Violations
Improperly Stored Materials
Graffiti
Overgrown Landscape
Vehicle Parked on Non-paved
Inoperable Vehicles
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: April 28, 2022 AGENDA ITEM: Reports of City Council, Officers, Boards and Committees
DEPARTMENT:

DEPARTMENT HEAD:

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

TITLE OF ITEM: RATIFY YOUTH MEMBER APPOINTMENTS TO THE ART AND

CULTURE COMMISSION

BRIEF DESCRIPTION: The Art and Culture Commission Bylaws were amended on March 21, 2022 to consist of five (5) voting members, appointed by the City Council and two (2) Youth Members who will be voting members and will be comprised of Youth.

Applicants must be residents of the City of Hollister.

RECOMMENDATION: Staff recommends that the City Council ratify two (2) Youth Member appointments to Art and Culture Commission.

DEPARTMENT SUMMARY: The Arts and Culture Commission was created and established by City Council at the February 16, 2021, regular meeting. The Commission consists of five (5) members who will be appointed by Council and serve at the Council’s pleasure. Members must be qualified electors of the City of Hollister and serve a term consistent with the Council Member or Mayor who appoints them. All members must remain residents of the City of Hollister while serving on the Commission.

On March 21, 2022, City Council Adopted Resolution No. 2022-48 adopting Bylaws for Art and Culture Commission and Public Art Policy. The Commission established an effective method to include a liaison between the City and San Ben ito Art Council along with a local Youth Member.

The bylaws state that the Art and Cultural Commission shall consist of five (5) voting members appointed by the City Council and two (2) youth members who will be voting members and will be comprised of youth who reside in the City of Hollister between the ages of 12-18.

Staff received two youth member applications.

District 3
Angelo Hillstock

District 4
Sarah Stopper

Staff recommends that the Council ratify appointments to the Art and Culture Commission from the pool of applicants, and/or, direct staff to continue to accept applications until a sufficient number of applications are received.

FINANCIAL IMPACT: None
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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 organizational structure change that will not result in any direct or indirect physical change in the environment.

ATTACHMENTS:

1. Hillstock, Angelo_Redacted

2. Stopper, Sarah_Redacted

THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

Brett Miller, City Manager

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District 3
G.4.a
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Name :

Address:

Email:

School:

Date ore ,rUi :

ART & CULTURAL COMMISSION

YOUTH MEMBER APPLICATJON
Phone:
mergency
ontact:

Relationship:

Em e rgency
Contact Phone :

Age:

Receive
APR O 5 2022
b,woy W Llsf 0 LI 6e oo +ht Jict un} ( Pttvra. i Lo(bmiss,M b PC.'.1uSe. t vorleY~ m11J H,u1 '1V \e, fotJ. Gte hailt Ii \{i1:,nm +· tu:;=: I (, OMmt/1}:fy di[,\;, ()? tht, Art 00} LU i fvrtt./ LO,'\"l,"A1 Si Pq t w; H Mtf /iC_5!;r e ¼t-V0ir..e5 C~'.J J ,Jea , n~ rl,,,d lVr,,mon:f;,t Cd'r? l11ewJ l: -1J urovtJb t lo I j&' Date: Yjy/22 Signature:

Attach resume if desired.

When completed please retum to the City Clerk's Office at 3 .

Email l o : [email protected] 75, Firth Street or

District 4
G.4.b
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Received......_!____,
APR z 8 20 By:---GI!i_

ART & CULTURAL COMMISSION

YOUTH MEM BER APPLICATION
Phone (t.;..i) Name
Ad ress
-3a:::.t..=.,.;__~~-------C e II Phone
Emarl
School
Date of a· h
--
Emergency
Cont act
Relationshi p.

Emergency --Contact Phon e· .

Age
NOTE: The information you provide is done with the express understanding that it is public information and may be provided to the public when requested.

Co mmunity Servi ce Experi ence inc lud ing se rvi ce in other Cl ubs , and/o r Orga niza tlons Re lated Expe ri ence .

VVny do you wish to be on the Art & Cultural Comm 1ss1on and what con tribut ions can you make to the Art & Cultural Commission? (Attach add itiona l sheet if necessary .} I 1--)c..,A.,:t ±t> he Oh ±he. .Ar.{; -1" C.uHuroJ Co--;:nipv" henwsi r lq\J!,-l«i-~ n\r}.t it> ji"t. VJO,,c.!,, :b:> N C!>bt",,U)l'i ~ in a.«4 tY':e&:f:i 'A \ WtMo,t: t'? aQ,i"' mru:e Q,ftl16fMcf. wi tb "''+ outS;dg. f n,,~ hz>~Jf., a.ncJ .scb~o\, { 'Y':l e-. j•o.l rl.,tci'5 i tr maJJr ~ , CtM'\ t,,_e,l'f Ma.k:e t'"".'n fOr:::t:'D.11\.'f° NC i~lt>v-,S t>V\ """'1 t'~ c,( ~b~kJ &o.k CPY-,e.,. lJ~.

Date : Yj f tf J.d. Signature :

Attach resume if desired .
\/\/hen completed please return to the City Clerk 's Office at 375 Fifth Street or Email to : cit clerk hollister.ca .gov

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 9, 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: UPDATE ON DOWNTOWN GATEWAY MONUMENT SIGN

BRIEF DESCRIPTION: Staff will provide City Council with an update on potential locations for adding a gateway monument sign in the Downtown area.

RECOMMENDATION: City Council to receive an oral report and provide staff direction.

DEPARTMENT SUMMARY: At the Special City Council Meeting of April 25, 2022, City Council adopted a Resolution that approved an appropriation in the amount of $236,400 and a Professional Services Agreement with Signs by Van for the Design, Fabrication, and Installation of a Downtown Gateway Monument Sign.

City Council directed Staff to bring back renderings and potential locations to locate the Downtown Gateway Monument Sign. Staff will present those to City Council and is seeking direction from Council.

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 16, 2022
SUBMITTED: May 10, 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. 2022-05-16 - Agenda Item and Update Request log - Excel

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: 5/3/2022 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
First Reading of Ordinance to
amend City Code set for May
16, 2022
2 Velazquez 1/18/2022 Discussion on parking/parking garage fees DS-Planning
3 Burns,
Morales 2/22/2022
Discuss the appeal process for
developers appealing Planning
Commission decision, analysis on what
other cities are doing
DS-Planning
4 Burns 2/22/2022 Discussion on Charter City, Term Limits, and placing these items on the ballot.Ad Hoc 4/18/2022
Consultant is working on
Term Limits. Council
Direction for Charter City to
be brought back for
discussion in February of
2023.
5 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
6 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 Developer working on a
project for site
8 Burns 3/21/2022 RFP for Communications Center
feasibility study Police
Police Chief and IT Director
meeting with another agency
in Elk Grove to discuss
9 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager
Meeting
DateDepartment#Council
Member(s)
Date
Requested Item Description Status Completed
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2022 Council Agenda Item Requests Last Updated: 5/3/2022 Meeting
DateDepartment#Council
Member(s)
Date
Requested Item Description Status Completed
10 Burns 3/21/2022 Renaming Union Road to "Cesar Chavez Way"City Manager Engineering bringing to a June
2022 Meeting
11 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. Special
Meeting to be held on May 14,
2022.
12 Burns 3/21/2022 Discussion of putting the Rally on the ballot City Clerk 4/18/2022
Special Meeting to be held in
May 14. Consultant is working
on Advisory Measure.
14 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
15 Burns,
Morales,
Perez
4/4/2022
Presentation of substandard Housing
with statistics for past substandard
housing that are significant
Code
Enforcement 4/4/2022 On May 16, Council Meeting
Agenda
16 Burns,
Morales,
Perez
4/4/2022 Shopping Cart Ordinance Review
City Attorney,
PD, Code
Enforcement
4/4/2022 Code working on Ordinance
for June 2022 Meeting
18 Burns,
Morales,
Perez
4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to
amend City Code set for May
16, 2022
19 Burns,
Morales,
Perez
4/4/2022 Food Truck Ordinance Review City Manager
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2022 Council Agenda Item Requests Last Updated: 5/3/2022 Meeting
DateDepartment#Council
Member(s)
Date
Requested Item Description Status Completed
20 Burns,
Morales,
Perez
4/4/2022
Identify which sidewalks need repairs
and determine from that how much
money is needed
City Manager
Direction given to staff to
allocate $500,000 from ARPA
Funds, divide amongst 5
Council Members
21 Burns,
Morales,
Perez
4/18/2022 Analysis of Swope Alley City Manager
Engineering requesting
funding for alley studies on
May 16, 2022
22 Burns,
Morales,
Perez
4/18/2022 Review policies for Noise Ordinance to
include other animals Animal Control
23 Burns,
Morales,
Perez
4/18/2022 Building maintenance program Community
Services
24 Burns,
Morales,
Perez
4/18/2022
Review HMC that speaks about security
for events, fees, and permit fees
associated with them.

City Manager
25 Council
Member(s)
5/2/2022
Strategic Plan and Study for Park Hill
improvements, quotes for creating a
dog park at Park Hill to be included in
next budget cycle
Recreation
26 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022
27 Council
Member(s)5/2/2022 Presentation on the RDA, bring back the annual report for acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022
28 Council
Member(s)5/2/2022 Presentation on grants, low income
housing
Housing,
Development
Services
Agenda item in June 2022
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2022 Council Agenda Item Requests Last Updated: 5/3/2022 H.1.a Packet Pg. 439

2022 Council Agenda Item Requests Last Updated: 5/3/2022 H.1.a Packet Pg. 440

2022 Council Agenda Item Requests Last Updated: 5/3/2022 H.1.a Packet Pg. 441

2022 Completed Agenda Items Updated: 5/3/2022
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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2022 Completed Agenda Items Updated: 5/3/2022
Notes Completed#Council
Member(s)
Date
Requested Item Description Department Meeting
Date
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 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022
MOU's re: Hazard
Pay for Employees
approved 5/2/2022
5/2/2022
12 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch
over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns,
Morales,
Perez
4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000
at 5/2/222 Meeting 5/2/2022
14 Burns,
Morales,
Perez
4/18/2022 Special Council Meeting for Sign
Contract City Manager
4/25/2022 Completed 4/25/22 4/25/2022
15 Burns,
Morales,
Perez
4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns,
Morales,
Perez
4/18/2022 Special Council Meeting to discuss
Ralley and Fire District City Clerk
Scheduled Special
meeting for
5/14/22
5/14/2022
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2022 Completed Agenda Items Updated: 5/3/2022
Notes Completed#Council
Member(s)
Date
Requested Item Description Department Meeting
Date
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022
Created PD
Communications
AdHoc on
12/20/2021
4/18/2022
18 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.4/18/2022
19 Burns,
Morales,
Perez
4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members
Morales and Perez
were appointed on
April 18, 2022.
4/18/2022
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2022 Completed Agenda Items Updated: 5/3/2022H.1.a
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2022 Completed Agenda Items Updated: 5/3/2022H.1.a
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2022 Completed Agenda Items Updated: 5/3/2022H.1.a
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status 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 City Attorney to
research JPA MOU
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
Will request as
part of HMC 2.04
changes.

Requested start
time is 9:00 am.
4 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
5 Morales 1/18/2022 Traffic study on San Benito Road near 7- 11 DS-Engineering Study in process
6 Perez 1/18/2022 Update on the tree program
Community Services
Parks/Streets/Utilitie
s/Fleet
7 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood
Police Department
8 Velazquez 1/22/2022
See if other nearby cities want to
purchase speed cushions so we may
order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
9 Morales 1/22/2022
Add public works position to help
businesses get started go through the
processes
City Manager Will be done by Asst.

City Manager
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status Completed Date 10 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
11 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
12 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee
created
13 Velazquez 2/7/2022 Update on alleys, lighting on 6th street and solar lights DS-Engineering
14 Morales 2/7/2022
Grant chart, showing what grants are
available, which are applied for, status,
etc. Will provide a template
City Manager
15 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
Staff requests
clarification on
which committees
updates are being
requested from.

Department Liasions
for Finance is
Council Member
Resendiz and
Community Services
Liasion is Mayor
Velazquez.
16 Burns 2/22/2022
Requested additional cameras be
installed in the Sunnyslope area due to
stolen car items
Police Department Getting quotes on
additional cameras
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status Completed Date 17 Burns 2/22/2022
Requested discussion with the Parks
Manager about ideas for Skate Park,
and City investing in park cleanup.

Community Services
Parks/Streets/Utilitie
s/Fleet
Recreation is
working with ACC
Commission report
to be provided at
18 Perez 2/22/2022
Consider changes to City's Parking
Ordinance, regarding parking across
from the Library.

Police Department
PD working on
removing parking
restrictions on 5th
St.
19 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
20 Morales 2/22/2022
Discussion on Planning Department
projects that are delayed and what the
problems are
DS-Planning
21 Morales 2/22/2022 Update on traffic study for speed
cushions on San Benito Street by 7-11 DS-Engineering Study in process 22 Morales 2/22/2022 Receipts of budget vs actuals
Administrative
Services
Finance/Human
Resources
23 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee
24 Morales 3/7/2022
Process for requesting speed cushions
be placed on website for the public to
access
DS-Engineering
25 Morales 3/21/2022 Outdoor Night Market City Manager
26 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 Engineering is in
process
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status Completed Date 27 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous
night Council Mtgs City Clerk
Waiting for
additional Deputy
City Clerk.
28 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept
29 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in
the community Police Dept
30 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6
months with status Building
31 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
32 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural
Commissioner applications City Clerk
Two applicants for
appointment on
5/16/2022
3 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
Recognized Office
Professionals Day.

Working on other
staff morale ideas
34 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
35 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager H.1.a
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status Completed Date 36 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
Requested from
Consultant as a
separate memo on
4/19.
37 Resendiz 5/2/2022
Have staff to remove the fenced area at
Klauer park so it is not used as a dog
park, and come up with an alternative
solution for the area
Recreation, Public
Works
38 Burns, Velazquez 5/2/2022
Staff research drought resistant ideas
for Jerry Gabe Dog Park and all future
dog parks
Recreation
39 Council 5/2/2022
Install sod grass at Jerry Gabe dog park,
one side at a time, to keep one side
open at all times while laying sod on the
other side. Block off side of park with
fence to keep dogs/people out
Public Works
40 Council 5/2/2022
Divide the APRA $500K for sidewalks
between the 5 council members to
allocate for use in their respective
disticts.

City Manager
41 Council 5/2/2022
Upgrade or replace the lights
downtown and the first block of the
side streets with APRA funds
City Manager
42 Resendiz 5/2/2022 Update on the Homelessness JPA Ad hoc? 43 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcment
44 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help
businesses transition to going green
(after other ARPA funding priorities are
met)
City Manager
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status Completed Date 45 Resendiz 5/2/2022
Requests staff consider putting spikes
on top of the streetlights on Piane Crati
Court (in D2) due to complaints of bird
waste on cars
Public Works Purchasing Bird
Spikes
46 Resendiz 5/2/2022
Update on whether the City can be
more restrictive regarding use of plastic
bags
Public Works
Environmental
47 Perez 5/2/2022
Consider making a temporary loading
zone area in front of Gunnagle Funeral
Home for Hearses
Planning,
Engineering?
48 Perez 5/2/2022 Requested a 5 minute timer for all
presentations City Clerk
49 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Code
Enforcement/PD?
Code working on
Ordinance update
50 Morales 5/2/2022
Study session on Code Enforcement
problem solving, communications
training, dispute resolution
Code
Enforcement/PD?
51 Morales 5/2/2022
List of resources for the community
with links on the City's webpage, such
as local non profits, food assistance,
housing assistance, etc. Link to see
what district residents live in.

City Manager
52 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for
public transparency
City Clerk/IT
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2022 Update Requests from Council
(non-agenda items)
Last Updated: 5/3/2022
#Council Member Meeting Date Update Requested Department Status Completed Date 53 Velazquez 5/2/2022
Add language in City Code to fine
developers who block the alleys,
streets, public right of way for longer
than 2 days with dumpsters or
equipment
City Manager
54 Velazquez 5/2/2022 Discussion on parking fees for the Briggs building Engineering
55 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night Engineering
56 5
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2022 Completed Update Requests Updated: 5/3/2022
#
Council
Member Meeting Date Update Requested Department Status 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
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2022 Completed Update Requests Updated: 5/3/2022
#
Council
Member Meeting Date Update Requested Department Status Completed Date
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
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
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2022 Completed Update Requests Updated: 5/3/2022
#
Council
Member Meeting Date Update Requested Department Status Completed Date
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
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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2022 Completed Update Requests Updated: 5/3/2022
#
Council
Member Meeting Date Update Requested Department Status Completed Date
33 Morales 1/18/2022 Update on the Broadband for the City Information
Systems &
Technology
4/27/2022
34 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
35 Burns,
Morales,
Perez
4/4/2022 Update on Deputy City Clerk recruitment-CC is
Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 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
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
37 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
38 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.

Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
39 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 4/25/2022
19 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 Recreation gave a presentation on
5/2/2022 5/2/2022
30 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
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2022 Completed Update Requests Updated: 5/3/2022
#
Council
Member Meeting Date Update Requested Department Status Completed Date
25 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 4/18/2022
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 16, 2022
SUBMITTED: May 4, 2022 AGENDA ITEM: City of Hollister as the Successor Housing Agency of the
Redevelopment Agency
DEPARTMENT:

DEPARTMENT HEAD:

Housing
Adrianna Ortiz, Acting Planning
Director
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). At the May 2, 2022 Council Meeting Council requested the item to return to the next meeting to allow additional review time.

RECOMMENDATION: That the City Council accept the annual report on the LMIHAF and direct staff submit the report to HCD and post the information 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 annual 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 summa rizes 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.

On May 2, 2022 during the review of the state required Low Moderate and Income Housing Asset Fund fiscal report Council members requested a report on the history of the Redevelopment Agency. This report provides a short synopsis of the program and describes the transitions to the City of Hollister becoming the Housing Successor of the Former Redevelopment Agency.

In 1945, the California Legislature enacted the Community Redevelopment Act to assist local governments in eliminating blight through development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail K.1
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districts. Redevelopment funds had a profound impact on the City of Hollister.

Notable projects include: homeownerships loans, business grants, demo/upgrade of Fire Station #1, construction of the police stat ion, replacement of inadequate storm drain lines to eliminate flooding, and several other programs.

Simply stated, redevelopment was a method of financing improvements by borrowing money (normally through tax allocation bonds) to finance a project in an area that has been declared “blighted.” The debt was paid through “tax increment revenue” that represents the difference between property taxes assessed prior to the development project (the frozen base value) and taxes assessed after the improvement. When a redevelopment agency improved deteriorated areas, property values would rise, thus increasing property tax revenues. This “tax increment” would then go to the Redevelopment Agency as revenue. State law allowed redevelopment agencies to pledge tax increments, so they can repay bonds and other types of debt incurred to make investments in project areas. In essence, redevelopment agencies funded themselves when they make improvements to their communities.

Fast forward to 2011, as part of the Budget Act, Legislature approved the dissolution of the state’s 400 plus Redevelopment Agencies or RDAs for short. After a period of litigation, RDAs were officially dissolved as of February 1, 2012. In 2011, since the Redevelopment Agency was dissolving, jurisdictions needed to make a decision on how the City would manage the remaining agreements and funds. Through the City’s Resolution 2012-06, the City of Hollister approved the authority to become the Successor Housing Agency of the former Redevelopment Agency to retain the housing assets and affordable housing functions. When the agency dissolved and the City of Hollister became the Successor Housing Agency to the RDA the funding was allocated to an account known as the Low Moderate Income Housing Fund. Now each year the staff submits a report for the previous year’s financial audit.

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

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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