MAYOR
Mia Casey
COUNCIL MEMBERS
Rick Perez, District 1
Rolan Resendiz, District 2
Dolores Morales, District 3
Tim Burns, District 4
INTERIM CITY MANAGER
David Mirrione
CITY ATTORNEY
Mary F. Lerner
CITY CLERK
Jennifer Woodworth
POLICE CHIEF
Carlos Reynoso
CITY TREASURER
Gordon Machado
CITY COUNCIL AGENDA
Special and Regular Meeting
April 17, 2023
Special Meeting 5:00 PM
Regular Meeting 6:30 PM
CITY OF HOLLISTER
CITY COUNCIL CHAMBERS, CITY HALL
375 FIFTH STREET
HOLLISTER, CA 95023
(831) 636-4300
www.hollister.ca.gov/
NOTICE TO PUBLIC
Persons who wish to address the City Council are asked to complete a speaker’s card and give it to the City Clerk before addressing the City Council. Those who wish to address the City Council on an agenda item will be heard when the presiding officer calls for comments from the audience. City related items not on the agenda will be heard under the Public Input section of the agenda. Following recognition persons desiring to speak are requested to advance to the podium and state their name and address. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. After hearing audience comments, the public portion of the meeting will be closed, and the matter brought to the City Council for discussion.
Requests to make presentations to the City Council should be submitted to the City Clerk’s Office at least ten days before the City Council meeting. It is customary for City staff members to review such matters before the formal presentation so that the City Council may have the benefit of all available data. PowerPoint presentations must be presented to the City Clerk by noon on the day of the City Council meeting.
PUBLIC PARTICIPATION NOTICE
The public may watch the meeting via live stream at:
City of Hollister Website
http://hollisterca.iqm2.com/Citizens/Default.aspx
Community Media Access Partnership (CMAP):
City Council Monday, April 17, 2023 Page 2 of 12
http://cmaptv.com/watch/
City of Hollister YouTube Channel:
https://www.youtube.com/@cityofhollistercalifornia1489
City of Hollister Facebook Live at:
https://www.facebook.com/cityofhollister
Public Participation:
The public may attend meetings.
NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Hollister utilizes Zoom teleconferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of the public through this means is at their own risk. (Zoom teleconferencing may not be available at all meetings.)
If you wish to make a public comment remotely during the meeting, please use the zoom registration link below:
https://us02web.zoom.us/webinar/register/WN_MNOr95ZCQrWzERqd5zRuwQ
CALL TO ORDER
CLOSED SESSION - 5:00 P.M.
Public Comment (limited to any item listed on the Closed Session agenda) Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
1. Conference with Labor Negotiators pursuant to Government Code Section 54957.6
Agency designated representatives: (Interim City Manager David Mirrione and Administrative Services Director Casey Estorga)
Employee Organizations: Service Employees International Union, Local 521; Hollister Firefighters Union, Local 3395; Hollister Mid-Management Association; Hollister Peace Officer Association; and un-represented employees in classifications designated as Executive Management and Confidential
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS per Government Code section 54956.8
Under Negotiation: Price and Terms
Property: 190 Maple Street, Hollister, CA 95023
Agency negotiator: Interim City Manager David Mirrione
Negotiating parties: Renee Kunz
City Council Monday, April 17, 2023 Page 3 of 12
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9) National Prescription Opiate Litigation, No. 1: 17-md-2804 (N.D. Ohio) (Walmart, Walgreens, CVS, Teva, Allergan)
4. Consultation of Public Employment Government Code Section 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Interim City Manager
PLEDGE OF ALLEGIANCE
ROLL CALL
VERIFICATION OF AGENDA POSTING
CLOSED SESSION - REPORT OUT
PROCLAMATIONS/RECOGNITIONS
1. Proclamation Congratulating Cole Seymour and Eliana Salcedo for their Success at the Fresno Folkstyle State Championships (City Clerk)
2. Proclamation Declaring May as Water Awareness Month (City Clerk) A. COUNCIL BUSINESS
1. Consideration of Confidential Investigation Report From The Independent Investigation Pertaining To The Conduct Of Councilmember Rick Perez Towards Other Councilmembers and Citizens (City Attorney) BRIEF DESCRIPTION: A Hollister City Councilmember and a public official from another jurisdiction both made complaints regarding the alleged inappropriate conduct of Hollister City Councilmember Rick Perez. An investigation was ordered and the City has received a Confidential Investigation Report containing sustained findings of conduct by Councilmember Perez that likely violates the City of Hollister Code of Ethics and Conduct.
RECOMMENDATION: 1) Review and discuss the independent Investigator’s Confidential Investigation Report under the direction of the law firm Liebert Cassidy Whitmore (LCW); 2) Discuss options presented by attorney Yesenia Carrillo of LCW for possible action in response to the sustained findings contained in the Confidential Investigation Report; and 3) Take a vote on possible remedial action.
B. CONSENT ITEMS
All items listed under consent agenda will be enacted by one motion authorizing actions indicated for those items so designated. There will be no separate discussion of these items unless requested by a member of the City Council, a staff member, or a member of the public.
Consent items are numbers: A1 through A16.
1. The minutes of the Regular Meeting of City Council April 3, 2023
2. Claim Against the City - Filed by Natmar L.P. (City Clerk) BRIEF DESCRIPTION: Natmar L.P. filed a claim against the City on January 26,
City Council Monday, April 17, 2023 Page 4 of 12
2023.
RECOMMENDATION: Deny the claim and authorize staff to send the notice of rejection to the claimant.
3. Claim Against the City - Filed by Gilberto Garcia (City Clerk) BRIEF DESCRIPTION: Gilberto Garcia filed a claim against the City on March 27, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
4. Ordinance No. 2032 An Ordinance of the City Council of the City of Hollister Amending Section 1.18.060 of Chapter 1.18 of the City of Hollister Municipal Code Relating to Administrative Citation Hearing Requests (City Clerk)
DESCRIPTION: Adoption of an amendment to Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code, correcting the location to which a request for hearing form and attached documents must be returned.
RECOMMENDATION: Adopt Ordinance 2032 amending Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code, correcting the location to which a request for hearing form and attached documents must be returned.
5. Ratify Appointments to fill Commission Vacancies (City Clerk) BRIEF DESCRIPTION: The Airport Advisory Commission, Arts & Cultural Commission, and Youth Committee currently have vacancies. The City Cou ncil must ratify appointments to the commissions.
RECOMMENDATION: Ratify appointments to fill the vacancies for the Airport Advisory Commission District 3 seat, Arts & Cultural Commission District 1 and District 3 seat, and Youth Committee seat.
6. Resolution No. 2023-55 A resolution of the City Council of the City of Hollister authorizing an amendment to the existing agreement for hearing officer services between the City of Hollister and Jeffrey Miller (Police) BRIEF DESCRIPTION: This is an amendment to the existing agreement with
City Council Monday, April 17, 2023 Page 5 of 12
Jeffrey Miller to provide hearing officer services to City of Hollister to extend the current agreement until June 30, 2023.
RECOMMENDATION: Adopt a resolution authorizing the Mayor of the City of Hollister to sign an amendment to the agreement between the City of Hollister and Jeffrey Miller.
7. Resolution No. 2023-56 A Resolution of the City Council of the City of Hollister Designating Surveillance Grid Integration Inc. as the Sole Source Vendor for the City of Hollister Public Safety Camera System (Police) BRIEF DESCRIPTION: This action will permit the staff to enter into a purchase and maintenance agreement with Surveillance Grid Integration Inc. as a sole source provider to expand the city security camera system and provide on-going maintenance as required. The City Council has previously approved Surveillance Grid Integration Inc. as sole source providers for specific previous expansions to the city security camera system.
RECOMMENDATION: Adopt a resolution designating Surveillance Grid Integration Inc. as the sole source vendor for any future expansion to the City of Hollister public safety camera system.
8. Resolution No. 2023-57 A Resolution of the City Council of the City of Hollister authorizing the Interim City Manager to enter into an agreement for professional services with Regional Government Services (RGS) for a term expiring June 30, 2024 and an amount not to exceed $75,000. (Administrative Services)
BRIEF DESCRIPTION: City Council to consider an agreement with Regional Government Services (RGS) to provide professional services to the City Manager’s Office and Administrative Services Department.
RECOMMENDATION: Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, between the City of Hollister and Regional Government Services (RGS) for professional services in an amount not to exceed $75,000 and with a term that expires on June 30, 2024.
9. Resolution No. 2023-58 A Resolution of the City Council of the City of Hollister to accept the amended contract for professional services agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services (Recreation) BRIEF DESCRIPTION: This resolution will approve the amended contract for a professional maintenance agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services in the City of Hollister downtown parking lots, City yard, and Animal Control Services.
City Council Monday, April 17, 2023 Page 6 of 12
RECOMMENDATION: Adopt a resolution approving the amended professional services agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services in the City of Hollister downtown parking lots, City yard, and Animal Control Services, and add $737.00 per month ($8,844.00 annually) to the contract for a total annual contract amount not to exceed $52,104.00.
10. Resolution No. 2023-59 a Resolution of the City Council of the City of Hollister to accept the amended contract for professional services agreement with Smith & Enright Landscaping to include additional landscaping maintenance services. (Recreation)
BRIEF DESCRIPTION: This resolution will approve the amended contract for a professional maintenance agreement with Smith & Enright Landscaping to include additional landscaping maintenance services in the City of Hollister downtown parking lots.
RECOMMENDATION: Adopt a resolution approving the amended professional services agreement with Smith & Enright Landscaping to include additional landscaping maintenance services in the City of Hollister downtown parking lots, and add $785.00 per month ($9,420.00 annually) to the contract for a total annual contract amount not to exceed $336,213.00.
11. Resolution No. 2023-60 A resolution of the City Council of the City of Hollister to surplus certain identified vehicles and equipment, as listed in Exhibit [A], and authorize the City Manager to execute a Memo of Understanding with GovDeals, Inc. for the purpose of disposing said surplus through online auction. (Community Services)
BRIEF DESCRIPTION: This resolution will declare identified City owned vehicles and equipment, as listed in Exhibit A to the resolution, as surplus, and authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of said surplus through an online auction. There are no upfront costs associated with this agreement.
RECOMMENDATION: Declare equipment and vehicles listed in Exhibit A as surplus, and authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of said surplus through an online auction.
12. Resolution No. 2023-61 2023-61: National Night Out Street Closure (Police)
BRIEF DESCRIPTION: This resolution will authorize the closure of a portion of San Benito Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, for the City of Hollister Police Department’s National Night Out event.
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RECOMMENDATION: Adopt a resolution to temporarily close San Benito Street, from Sixth Street to South Street and from Seventh Street to East Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, for the City of Hollister Police Department’s National Night Out event.
13. Military Equipment in Use at the Hollister Police Department Report (Police)
BRIEF DESCRIPTION: This is an informational report indicating the current military equipment in possession of and in use at the Hollister Police Department.
This is a yearly report required per Assembly Bill No. 481. There are no changes from last year’s report.
RECOMMENDATION: Accept the report.
14. Resolution No. 2023-62 Resolution of the City Council of the City of Hollister renaming the Hollister Community Center to the "Pauline Valdivia Memorial Community Center" (Recreation)
BRIEF DESCRIPTION: A request was made to rename the Hollister Community Center the “Pauline Valdivia Memorial Community Center.”
RECOMMENDATION: Adopt a resolution renaming the Hollister Community Center to the "Pauline Valdivia Memorial Community Center.”
15. Resolution No. 2023-63 A resolution of the City Council of the City of Hollister approving the Initiation of Proceedings for the levy and collection of annual assessments for Landscape and Lighting District 93-1 and order the City Engineer to prepare and file the required report with the City Clerk (Engineering)
BRIEF DESCRIPTION: City Council to consider approving the initiation of proceedings for the levy and collection of the FY 2023/2024 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required report with the City Clerk.
RECOMMENDATION Adopt a resolution approving the initiation of proceedings for the levy and collection of the FY 2023/2024 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required Report.
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16. Resolution No. 2023-64 A Resolution of the City Council of the City of Hollister Authorizing the City Manager, or Designee, to Execute an Amendment to Task Order DS 2020-21 of the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount Of $23,900, for a Post-Construction Traffic Study Report of the Sally Street Traffic Calming Project (Engineering)
BRIEF DESCRIPTION: This Resolution will authorize the City Manager, or Designee, to execute an amendment to Task Order DS 2020 -21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900 for a post-construction traffic study report of the Sally Street Traffic Calming Project, as requested by Council.
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or Designee, to execute an amendment to Task Order No. 2020-21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900.00 for a post-construction traffic study report of the Sally Street Traffic Calming Project.
C. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
None.
D. PUBLIC INPUT
This is the time for anyone in the audience to speak on any item not on the agenda and within the subject matter jurisdiction of the council. Speaker cards are available in the lobby, and are to be completed and given to the City Clerk before speaking. When the City Clerk calls your name, please come to the podium, state your name and city for the record, and speak to the City Council. If you are joining us by Zoom, please click on the bottom of your screen to raise your hand. If you are joining us by Zoom using a cell phone, please press *9. Each speaker will be limited to three (3) minutes with a maximum of 30 minutes per subject. Please note that state law prohibits the City Council from discussing or taking action on any item not on the agenda.
E. PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1. City Manager Report
Receive report from City Manager.
2. Trainings and Conferences
Receive reports from staff on Training and Conferences.
F. PUBLIC HEARINGS
G. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
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1. Resolution No. 2023-65 A Resolution of the City Council of the City of Hollister Approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to Operate a Cannabis Dispensary at 773 San Felipe Road (APN 051-100-032-000) (Cannabis)
BRIEF DESCRIPTION: The City Council will consider approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary.
RECOMMENDATION: Adopt a resolution approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary upon completion of their facility located at 773 Sane Felipe Road.
2. Resolution No. 2023-66 A Resolution of the City Council of the City of Hollister Authorizing the City Manager, or Designee, to Execute an Amendment to Task Order DS 2020-11 of the On-Call Professional Services Agreement with Kimley-Horn and Associates, Inc., in the Amount of $61,400.00, for Public Outreach and a Post-Construction Traffic Study Report of the Ladd Lane and Southside Road Traffic Calming Project (Engineering)
BRIEF DESCRIPTION: This resolution will authorize the City Manager, or designee, to execute an amendment to Task Order DS 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc. in the amount of $61,400.00, for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project, as requested by Council.
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to execute an amendment to Task Order No. 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $61,400.00 for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project.
H. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Council to receive a Flock Safety Presentation with options for potential Purchase of Services (Police)
BRIEF DESCRIPTION: This item will be a presentation about Flock and Raven System, which detects gunshots and License Plate Reading Cameras in a specific geographic area, and provide options for the possible implementation of the product and service.
RECOMMENDATION: Receive the report and provide direction on this matter.
City Council Monday, April 17, 2023 Page 10 of 12
2. Presentation to the City Council of the City of Hollister Regarding the Impact Fees for the Twin Oaks Subdivision (Engineering) BRIEF DESCRIPTION: A presentation regarding the Twin Oaks Subdivision regarding Impact Fees for the Twin Oaks Subdivision will be provided, as requested by the City of Hollister City Council.
RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding Impact Fees for the Twin Oaks Subdivision.
3. Presentation Regarding Request for Waiver of Fees for 221 Hawkins Street (Development Services)
BRIEF DESCRIPTION: Request for fee waiver to be presented by Alan Brookshire, owner of the property at 221 Hawkins Street.
RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding request for fee waiver.
4. Placement of Items on Agenda by Council (City Clerk) BRIEF DESCRIPTION: The City Council has expressed interest in formalizing the process for members of Council to place an item on a future Council meeting agenda. Prior to drafting a policy, staff requests direction on possible policy options. Based on Council direction, staff will return with a policy outlining the process for adding items to the agenda, requesting information and updates from staff, etc.
RECOMMENDATION: Provide direction to staff on the Council’s preferences for a process for Councilmembers to place items on a future Council meeting agenda.
5. Attorney Administrative Hearing Officers (City Attorney) BRIEF DESCRIPTION: The City Council expressed interest in modifying the City’s Municipal Code to require Administrative Hearing Officers to be attorneys. This report will present background information and options for the City Council’s consideration.
RECOMMENDATION: Provide direction to staff.
6. General Plan Advisory Committee Update (Development Services) BRIEF DESCRIPTION: Staff will provide an update on the General Plan Advisory Committee (GPAC) in response to Council requests for information at the April 3, 2023 City Council meeting.
City Council Monday, April 17, 2023 Page 11 of 12
RECOMMENDATION: Provide possible direction to staff regarding the composition of the General Plan Advisory Committee.
7. Discussion and Direction Regarding Increasing Councilmember/Mayor Compensation (City Attorney)
BRIEF DESCRIPTION: Recently the City Council requested information on the topic of increasing Council compensation. This report will present background information and options for the City Council’s consideration.
RECOMMENDATION: Provide direction to staff regarding the topic of City Council compensation.
8. Reports from City Council Members regarding Committees on which they serve
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.
9. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Receive informational reports from the City Council, City Manager, City Attorney, Chief of Police, City Clerk, and other staff as applicable.
I. UNFINISHED BUSINESS
1. Updated City Council Projects (City Clerk)
BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.
RECOMMENDATION: Receive the report and hold a discussion, if desired.
J. NEW BUSINESS
None.
K. MISCELLANEOUS
None.
L. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
None.
M. ADJOURNMENT
City Council Monday, April 17, 2023 Page 12 of 12
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 636-4300. Notification of 48 hours prior to the meeting will enable the City to attempt to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II].
Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at City Hall, 375 Fifth Street, Hollister, Monday through Friday, 8:30 a.m. to noon, 1:00 p.m. to 4:30 p.m. (City Hall is closed between 12:00 and 1:00 p.m.)
Notice to anyone attending any public meeting: The meeting may be broadcast live on Cable Channel 17 and/or videotaped or photographed. Recent City Council meetings may also be viewed at www.CMAP.com and periodically on Cable Channel 17.
The next City Council Meetings are scheduled as follows:
Regular City Council Meeting -- Monday, May 1, 2023 at 6:30 PM Regular City Council Meeting -- Monday, May 15, 2023 at 6:30 PM Regular City Council Meeting -- Monday, June 5, 2023, at 6:30 PM Regular City Council Meeting -- Monday, June 19, 2023, at 6:30 PM
PROCLAMATION
Congratulating Cole Seymour and Eliana Salcedo for their Success at the Fresno Folkstyle State Championship
WHEREAS, the Hollister Razorback folkstyle wrestling team recently competed at the Fresno Folkstyle State Championship; and
WHEREAS, 14-year-old Cole Seymour won the Fresno Folkstyle State Championship for his division beating four other competitors, including his bracket’s top seed; and WHEREAS, Cole also enjoys playing football and studying jiujitsu and began wrestling when he was five years old; and
WHEREAS, Cole’s focus and determination were key to his ability to push himself to succeed; and
WHEREAS, 11-year-old Eliana Salcedo took second place in her division at the Fresno Folkstyle State Championship; and
WHEREAS, Eliana has been wrestling since she was four years old and is proud of her ability to wrestle at a new level.
NOW, THEREFORE, I, Mia Casey, Mayor of the City of Hollister, on behalf of the entire City Council, do hereby recognize the commitment of Cole and Eliana, and congratulate them for their tremendous achievements at the Fresno Folkstyle State Championship.
IN WITNESS WHEREOF, I have hereunto set my hand, and caused to be affixed the seal of the City of Hollister this 17th day of April, 2023.
_______________________________
Mia Casey, Mayor
ATTEST:
_______________________________
Jennifer Woodworth, MMC, City Clerk
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Proclamation
Declaring May 2023 as Water Awareness Month
WHEREAS, California’s arid and semiarid climate, its ambitious and evolving economy, and its growing population have combined to make water shortages and conflicting demands the norm; and
WHEREAS, the rising concern of climate change could limit the state and federal governments water infrastructure due to less snow pack and environmental concerns in the Delta; and
WHEREAS, the health, welfare and quality of life for our community depends on a reliable, high quality water supply; and
WHEREAS, municipal agencies and governments continue to seek cost-effective and efficient systems to obtain and deliver water to meet the needs of residents, agriculture and the economy; and,
WHEREAS, the state, county, cities and concerned citizens make strong efforts to foster wise decisions concerning water issues and water use; and
WHEREAS, the fact that California will experience periodic droughts and water conservation is critical not only during drought periods, but at all times; and
WHEREAS, during May 2023, the City of Hollister is inviting everyone to find out ways to save water both at work and at home.
NOW,THEREFORE, I, Mia Casey, Mayor of the City of Hollister, on behalf of the entire City Council,do hereby proclaim the month of May 2023 as Water Awareness Month and urge all citizens, businesses, industries, institutions and public agencies to review their water use and water systems for water use efficiency and to contact the Water Resources Association of San Benito County for water saving ideas and assistance.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the official seal of City of Hollister this 17th day of April, 2023.
_______________________________
Mia Casey, Mayor
ATTEST:
_______________________________
Jennifer Woodworth, MMC, City Clerk
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 3, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Attorney
Mary Lerner, City Attorney
TITLE OF ITEM: CONSIDERATION OF CONFIDENTIAL INVESTIGATION REPORT FROM
THE INDEPENDENT INVESTIGATION PERTAINING TO THE CONDUCT OF
COUNCILMEMBER RICK PEREZ TOWARDS OTHER COUNCILMEMBERS AND CITIZENS
BRIEF DESCRIPTION: A Hollister City Councilmember and a public official from another jurisdiction both made complaints regarding the alleged inappropriate conduct of Hollister City Councilmember Rick Perez. An investigation was ordered and the City has received a Confidential Investigation Report containing sustained findings of conduct by Councilmember Perez that likely violates the City of Hollister Code of Ethics and Conduct.
RECOMMENDATION: 1) Review and discuss the independent Investigator’s Confidential Investigation Report under the direction of the law firm Liebert Cassidy Whitmore (LCW); 2) Discuss options presented by attorney Yesenia Carrillo of LCW for possible action in response to the sustained findings contained in the Confidential Investigation Report; and 3) Take a vote on possible remedial action.
ATTACHMENTS:
1. Investigation Report re Complaint
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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Confidential Investigation:
City of Hollister
City of Hollister
Subject: Rick Perez
Confidential Investigation Report
Date Submitted: February 8, 2023
22-58
Garon Wyatt
Garon Wyatt Investigative Services, LLC
P.O. Box 7521
Riverside, CA 92513
[email protected]
951-295-7510
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Confidential Investigation:
City of Hollister
Table of Contents
I. Executive Summary ……………………………………………… 3
II. Allegations, Conclusions, and Findings ……………….…..…… 6 III. Methodology ……………………………………………………... 12
IV. List of Interviews ……………………………………………….... 13
V. Investigative Summary ………………….…………………….... 14
VI. Attachments …………………………….……………….…...…. 18
VII. Synopsis of Interviews ……………………………….…….…… 19
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Confidential Investigation:
City of Hollister
Councilmember Rolan Resendiz said that something triggered fellow Councilmember Rick Perez during the closed-session portion of Hollister’s City Council meeting on September 6, 2022. Perez yelled at and used profanity toward Resendiz. Mayor Ignacio Velazquez attempted to intervene, and Perez was aggressive toward Velazquez.
Resendiz said Perez’s actions made him feel unsafe. Furthermore, Perez’s actions did not conform to the City’s Code of Conduct.
City Attorney Mary Lerner and former Mayor Ignacio Velazquez corroborated that Perez was aggressive, yelled at, and used profanity. Lerner said that Resendiz reasonably could interpret Perez's demeanor as intimidating and threatening. Velazquez said that Perez was aggressive toward Resendiz and Velazquez. Velazquez said Perez acted angrily toward Resendiz at least twelve times over the past two years. Councilmember Dolores Morales was present in the closed -session meeting. Morales said that Resendiz is accusatory and condescending toward Perez. Morales said that Resendiz and Perez often speak with raised voices. Morales denied that Perez acted aggressively or threatening toward Resendiz on September 6, 2022. Councilmember Tim B urns was the only other person present in the closed session on September 6, 2022. Burns declined to be interviewed.
Perez did not deny either his interaction with Kosmicki or Resendiz. Perez said he fights for his constituents, and Resendiz tries to silence Perez. Perez denied overtly threatening Kosmicki, Resendiz, or Velazquez. However, Perez acknowledged speaking lou dly and using profanity. Perez said he is triggered and cannot stay silent. Perez said his son nearly died on September 4, 2022. Therefore, his emotions were likely higher than usual.
The former , was identified as a potential witness. However, declined to be interviewed. Likewise, I attempted to interview community members from the Hollister Downtown Association, but I did not receive a response to my requests.2
2 I emailed the HDA, and I stopped by in person.
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Confidential Investigation:
City of Hollister
GWIS investigated whether, on September 6, 2022, Councilmember Rick Perez yelled at and used profanity while speaking with San Benito County Board of Supervisor Kollin Kosmicki. The preponderance of the evidence shows that it is more likely than not that Perez yelled and used profanity while speaking wi th Kosmicki. Therefore, this allegation is sustained.
GWIS investigated whether, on September 6, 2022, Councilmember Rick Perez acted aggressively and in an intimidating manner toward Councilmember Rolan Resendiz and Mayor Ignacio Velazquez. The preponderance of the evidence shows that it is more likely than not that Perez yelled, used profanity, and acted aggressively and in an intimidating manner toward Resendiz and Velazquez. This allegation is, therefore, sustained.
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Confidential Investigation:
City of Hollister
II. ALLEGATIONS, CONCLUSIONS, AND FINDINGS
I analyzed the allegations and supporting facts according to the "preponderance of the evidence" standard, which means that the evidence gathered was analyzed to determine whether sufficient proof exists to convince a finder of fact that an alleged incident is more likely to have occurred than not to have occurred.
The findings are based on one of four criteria:
• Unfounded – The investigation clearly established that the allegation is not true. • Exonerated – The investigation clearly established that the conduct that formed the basis for the allegation did not occur.
• Not Sustained – There is insufficient evidence to determine whether the alleged conduct occurred.
• Sustained – The alleged conduct occurred.
1. Did Councilmember Rick Perez yell at and use profanity toward San Benito County Board of Supervisor Kollin Kosmicki on September 6, 2022 ? If so, did Kosmicki view Perez’s conduct as unprofessional?
Finding: SUSTAINED
CONCLUSION: Based on the preponderance of the evidence, I find the evidence substantiates that Rick Perez yelled at and used profanity while speaking with Kollin Kosmicki on September 6, 2022.
The alleged interaction occurred via telephone. Thus, nobody witnessed Kos micki and Perez's conversation. Kosmicki said Perez initially called to lobby for funding for a local nonprofit. As Perez spoke, he began discussing his son's overdose and Perez's personal experience with behavioral health and drug treatment programs. Fina lly, Perez became upset, irate, and increasingly irrational. Perez yelled at Kosmicki and used profanity.
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Kosmicki said he had seen and heard of Perez getting upset and acting impulsively before. For instance, Kosmicki has heard Perez speaking from the City Council dais.
Furthermore, Perez has abruptly left City Council meetings. Kosmicki opined that Perez was emotionally unstable. Soon after the conversation ended, Kosmicki emailed a summary of his conversation with Perez to the County Counsel and Admini strative Officer. Kosmicki's email was then provided to the City's Mayor, Ignaci o Velazquez.
Kosmicki interpreted Perez's demeanor as "extremely unprofessional" and said Perez's actions reflected negatively on the City.
Perez acknowledged that he spoke to Kosmicki via telephone on September 6, 2022.
Perez said that on September 4, 2022, his adult son overdosed on Fentanyl. Perez found and revived his son. Perez said his son nearly died and was not supposed to be released from jail without a direct assignment to a mental health or drug treatment facility. However, Perez’s son was released without a direct referral. Perez said he is passionate about helping his constituents and his son. Perez said Kosmicki seemed more concerned about money than life. Perez acknowledged he was upset and likely yelled and used profanity toward Kosmicki.
In looking at the investigation as a whole, Perez said he called Kosmicki as a private citizen, not in his official capacity as a Hollister City Council member. However, Perez acknowledged that he yelled and used profanity while speaking with Kosmicki.
Furthermore, Kosmicki knew of Perez's position on the Council and felt Perez's actions reflected negatively on the City. Accordingly, the preponderance of the evidence shows that it is more likely than not that Perez yelled at and used profanity while speaking with Kosmicki. Furthermore, the evidence shows that Kosmicki believed that Perez’s behavior was unprofessional.
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2. Did Councilmember Rick Perez raise his voice, use profanity, and act aggressively toward Councilmember Rolan Resendiz or Mayor Ignacio Velazquez on September 6, 2022?
Finding: SUSTAINED
CONCLUSION: Based on the preponderance of the evidence, I find the evidence shows that Councilmember Rick Perez, more likely than not, raised his voice and used profanity directed toward Rolan Resendiz and Ignacio Velazquez on September 6, 2022.
Additionally, the evidence shows that Resendiz and Velazquez viewed Perez's demeanor as aggressive and intimidating.
The Hollister City Council met in a closed session on September 6, 2022. City Attorney Mary Lerner, former Mayor Ignacio Velazquez, Vice Mayor Rick Perez, and Councilmembers Rolan Resendiz, Dolores Morales, and Tim Burns were present. At some point during the meeting, Perez and Resendiz had a conflict. Nobody recalled what sparked the initial conflict. However, Resendiz said Perez was very angry, shaking, screaming, and pointing at Resendiz's face. At one point, Perez stood up. Resendiz said he felt threatened by Perez's actions and felt unsafe. Velazquez tried to defuse the situation, and Perez commented, “I don’t flinch.” Resendiz interpreted Perez’s statement as a threat of physical violence. Perez also mocked Resendiz saying, “Oh, what you're scared of me?"
Ignacio Velazquez said Perez had acted aggressively before but not as extremely as he acted on September 6, 2022. Velazquez said that, in general, Perez tries to bully and intimidate people. Either Resendiz or Perez said something, and the conversation escalated. Velazquez said, “It became very threatening.” Velazquez said Perez began posturing. Velazquez interjected, and Perez focused his aggression on Velazquez.
Velazquez said Perez's demeanor was very aggressive and intimidating. Velazquez said, "It was, um, it was very tense. I, I did think at that time he was gonna try to attack either Rolan or myself."
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Furthermore, Velazquez said Perez's demeanor was "highly inappropriate." Velazquez said that, at times, Resendiz intentionally tries to make Perez look bad.
Mary Lerner was present in the closed -session meeting on September 6, 2022. Lerner witnessed Perez act aggressively toward Resendiz and Velazquez. Lerner said that Perez and Resendiz were at opposite sides of the table, but Perez kept coming at Resendiz verbally. Lerner said Resendiz was visibl y shaken. Velazquez intervened, and Perez directed his aggression at Velazquez, who was much closer to Perez. At one point, Perez flinched at Velazquez. Lerner said that Perez's demeanor in the closed session was aggressive and inappropriate.
On the other hand, Dolores Morales was also present. Morales said that she did not see Perez act inappropriately or aggressively. Morales said Perez and Resendiz often have loud conversations and disagreements. However, Morales views Resendiz as the instigator. Morales acknowledged that she does not speak with Resendiz often, and they do not relate to most topics. Morales said Resendiz tends to demean Perez and tries to humiliate him. Tim Burns was the only other person present. Burns declined to be interviewed.
Rick Perez said that Ignacio Velazquez and Rolan Resendiz tried to silence him. Perez has felt that he cannot speak his views and adequately represent his constituents. In 2020, Resendiz tried to incite Perez by saying, "Come on, homeboy." Perez said that his conversations with Resendiz or Velazquez became heated about twenty -five percent of the time. Perez said Resendiz uses tones and facial expressions to get at Perez, and then Velazquez tells Perez to be quiet. Sometimes Perez is unable to hold back. Perez acknowledged that he likely yelled and used profanity. However, Perez denied threatening or intimidating anyone.
I interviewed witnesses who were not present in the closed -session meeting, but Resendiz felt they might have relevant information.
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III. METHODOLOGY
The investigation's scope was to determine the facts and circumstances surrounding allegations that Councilmember Rick Perez acted improperly on multiple occasions. First, I was asked to determine whether Perez yelled at and used profanity toward San Benito County Supervisor Kollin Kosmicki on September 6, 2022. Next, I was asked to determine whether Perez’s actions during a closed-session meeting on September 6, 2022, were threatening and intimidating to Councilmember Rolan Resendiz and Mayor Ignacio Velazquez.
I investigated the allegations and documented the facts in a report. The report included findings and conclusions based on the facts gathered during the investigation. The investigation required the interview of the two complainants, four witnesses, and the subject employee. I conducted all the interviews except Velazquez remotely (Via Zoom or telephone). Velazquez requested to be interviewed in person. Therefore, I interviewed Velazquez at his office. I recorded all the interviews and assessed the credibility of each person.
I reviewed email complaints submitted by Kosmicki and Resendiz. Finally, I reviewed Hollister’s City Council Code of Ethics and Conduct.
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IV. LIST OF INTERVIEWS
1. Rolan Resendiz, Councilmember (Complainant) / December 13, 2022
2. Mary Lerner, City Attorney (Witness) / January 6, 2023
3. / January 9, 2023
4. Dolores Morales, Councilmember / January 11, 2023
5. Kollin Kosmicki, County Supervisor / January 13, 2023
6. Ignacio Velazquez, former Mayor / January 13, 2023
7. Rick Perez, Councilmember / February 4, 2023
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V. INVESTIGATIVE SUMMARY
Background
Hollister is a City in and the county seat of San Benito County, located in the Central Coast region of California. With a 2020 United States census population of 41,678, Hollister is one of the largest cities in the Monterey Bay Area. Hollister is an agricultural town known primarily for its local Blenheim apricots, olive oil, vineyards, pomegranates, and chocolate. Hollister was incorporated in 1872. The City of Hollister is a General Law City governed by a "Council-Manager" form of government. The Council, as the legislative body, represents the citizens of Hollister and is empowered by the Municipal Code to formulate citywide policy, enact local legislation, adopt budgets, and appoint the City Manager and City Attorney. The City of Hollister has over 200 full -time employees and an operating budget of over $70,000,000.
As of the November 2012 election, the City Council consists of four Council members, each elected by voters in their district and serving staggered four -year terms. The Vice Mayor is elected from among themselves yearly at the first January meeting. The Mayor is elected by all the voters in Hollister for a two-year term. Elections are held in November of even-numbered years.
Councilmember Rolan Resendiz was elected in November 2018 and was reelected in November 2022. Councilmember Rick Perez was elected in November 2020. Ign acio Velazquez served five consecutive two-year terms as Mayor, ending in December 2022.
Materials reviewed
Attachment 1 – Kollin Kosmicki’s email account of his phone conversation with Perez on September 6, 2022
Kosmicki summarized his interaction with Perez on September 6, 2022, in an email to County Counsel and others. Kosmicki said he composed the email soon after he spoke with Perez.
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Attachment 2 – Rolan Resendiz's email complaint to Mayor Velazquez Resendiz submitted an email complaint to the Mayor on September 7, 2022. Resendiz highlighted Perez's actions and correlated Perez's actions to various sections of Hollister's Code of Ethics and Conduct.
Attachment 3 – Hollister Council Code of Ethics and Conduct Hollister has an eleven-page Code of Ethics and Conduct. The document governs various areas of conduct for elected officials, including Hollister City Council, City Treasurer, City Clerk or City Boards, Committees, and Commissions established by Ci ty ordinance or Council policy.
Interviews
I interviewed Rolan Resendiz on December 8, 2022. Resendiz was elected to Hollister's City Council in 2018. Resendiz encouraged Rick Perez to run for the City Council. Perez was elected to the City Council in 2020. Perez has acted irrationally and aggressively toward Resendiz. Additionally, others have told Resendiz that Perez has acted inappropriately. During a closed -session meeting on September 6, 2022, Perez yelled and cursed at Resendiz and former Mayor Ignacio Velazquez. Resendiz said Perez verbally threatened Velazquez. Resendiz feels unsafe around Perez because of Perez’s actions.
I interviewed Mary Lerner on January 6, 2023. Lerner was selected as Hollister’s interim city attorney in May 2022 and was appointed city attorney in June 2022 . Lerner was present in the closed-session meeting on September 6, 2022. Something incited Councilmember Perez, and he was aggressive and threatening toward Rolan Resendiz.
Ignacio Velazquez attempted to intervene, and Perez was aggressive and threatening toward Velazquez. Lerner believes Perez acted inappropriately .
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I interviewed on January 9, 2023. .
said she has interacted with Councilmember Rick Perez occasionally. Several times, Perez had acted inappropriately toward . Each time, corrected Perez, and he halted the inappropriate behavior. Perez yelled at in front of others during preparations for an event. views Perez as impulsive.
I interviewed Dolores Morales on January 11, 2023. Morales was elected to Hollister’s City Council through a special election in 2021. Morales was reelected to a four-year term in 2022. Morales was present in a closed -session meeting on September 6, 2022.
Morales does not believe Councilmember Perez acted inappropriately toward Councilmember Resendiz or Mayor Velazquez. Instead, Morales believes that Resendiz instigates conflict by demeaning Perez.
I interviewed Kollin Kosmicki on January 13, 2023. Kosmicki was elected to the San Benito County Board of Supervisors in 2020. Portions of Hollister are within Kosm icki’s District. Kosmicki and Councilmember Rick Perez are on one committee together. Perez called Kosmicki on September 6, 2022. Perez spoke of drug treatment and County Behavioral Health Services. Perez spoke about his son’s overdose and became emotional. Perez yelled and cursed at Kosmicki. Kosmicki said Perez lacked emotional control. Furthermore, Perez’s demeanor reflected negatively on the City of Hollister.
I interviewed Ignacio Velazquez on January 13, 2023. Velazquez served five terms as Hollister's mayor. Velazquez said Rick Perez became upset quickly and often became agitated. During a closed-session meeting on September 6, 2022, Perez became upset with Rolan Resendiz. Perez yelled and cussed at Resendiz. Velazquez tried to diffuse the situation, and Perez was threatening toward Velazquez. Velazquez said this was the most aggressive he had seen Perez. Velazquez feared that Perez might attack him or Resendiz. Velazquez said Perez's actions were highly inappropriate. Velazquez said Resendiz tried to make Perez look bad at times.
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I interviewed Rick Perez on February 4, 2023. Perez was elected to Hollister’s City Council in 2020. Perez said Rolan Resendiz and Ignacio Velazquez often tried to silence him and prevent him from speaking on behalf of his constituents. Resendiz tried to incite Perez, and at times Perez could not hold back. On September 4, 2022, Perez's son overdosed in nearly died. Perez called the County Board of Supervisor Kollin Kosmicki on September 6, 2022. Perez felt that Kosmicki valued finances more than life and was upset. Perez likely yelled and cursed at Kosmicki. That evening, Perez was present for a City Council meeting. During the closed session, Perez was upset with Rolan Resendiz.
Perez likely yelled at and cursed at Resendiz. Perez denied threatening or intimidating Resendiz or Ignacio Velazquez.
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VI. ATTACHMENTS
Attachment 1 Kollin Kosmicki’s email
Attachment 2 Rolan Resendiz’ email
Attachment 3 Hollister Code of Ethics and Conduct
Attachment 4 Transcript of interview with Rolan Resendiz Attachment 5 Transcript of interview with Mary Lerner
Attachment 6 Transcript of interview with
Attachment 7 Transcript of interview with Dolores Morales Attachment 8 Transcript of interview with Kollin Kosmicki Attachment 9 Transcript of interview with Ignacio Velazquez Attachment 10 Transcript of interview with Rick Perez
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VII. SYNOPSIS OF INTERVIEWS
The following interview summaries are synopses of the investigative interviews and are not verbatim accounts. In addition, transcripts of the recorded interviews are included with the investigative report.
Interview of Councilmember Rolan Resendiz (Compla inant) (Attachment 4) On December 13, 2022, at 4:33 p.m., I interviewed a complainant, Rolan Resendiz. The interview was conducted as part of an independent fact -finding investigation into allegations of misconduct. The interview took place via Zoom and was digitally recorded and later transcribed. Resendiz participated in the interview voluntarily and agreed to be truthful and cooperate.
Resendiz is a council member for the City of Hollister. Resendiz was initially elected as the District 2 council member in November 2018. Resendiz served a full four -year term.
Resendiz was reelected in November 2022 and was sworn in on December 12, 2022.
Resendiz said the City of Hollister has four council members. Council members are elected by District. Districts One and Four are elected in odd years, and Districts Two and Three are elected in even years on the same cycle. The Mayor is elected every two years.
Rick Perez was selected as the District 1 council member in 2020. Resendiz and Perez used to be neighbors. Resendiz often saw Perez around town and spoke with him casually at times. Over the years, Perez told Resendiz that he was hesitant to apply for councilmember because he had a criminal record. Perez told Resendiz that he had been arrested for "typical Mexican shit," including domestic violence and drinking in public.
Nevertheless, Resendiz saw Perez before the 2020 election cycle and encouraged Perez to apply for City Council. Resendiz even wrote Perez's council statement.
Over the years, Resendiz has seen Perez acting erratically. Resendiz has seen Perez lose his temper and yell. Additionally, Perez acts erratically by standing up and walking around during Council meetings.
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Resendiz has heard that Perez has bullied or threatened community partners and staff .
For example, Resendiz heard that Perez had threatened or bullied the . Additionally, the previous
, and have shared with Resendiz that they had
conflicts with Perez.
During a closed-session meeting on September 6, 2022, Perez became agitated and upset. Perez began yelling and cussing at Resendiz. Resendiz believes that Perez verbally threatened to batter Mayor Ignacio Velazquez. Resendiz said Perez said, "I don't flinch. If I'm going to do something, I do it.” Resendiz shared that he was uncomfortable with Perez's actions, and Perez mocked him. Resendiz said he felt unsafe around Perez and notified the city manager and attorney. Resendiz said Perez's actions were outsid e the Council's code of conduct.
Resendiz could not recall what triggered Perez or what topics were discussed in the closed-session meeting. Later, Resendiz recalled that the city manager was not present and that the council members were likely discussing the city manager. Resendiz said the Mayor and three other council members were all present in the closed session, as was the city attorney. Resendiz said he had not discussed Perez's actions with the other council members.
Resendiz said he had been subjected to other racist and homophobic comments from past council members and members of the public. Resendiz said that throughout Covid, he has felt unsafe. Resendiz wanted Perez's actions documented in case something happened to him. Resendiz was unable to provide further information.
I concluded the interview at 5:09 p.m.
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Interview of City Attorney Mary Lerner (Witness) (Attachment 5) On January 6, 2023, at 1:31 p.m., I interviewed a witness, Mary Lerner. The interview was conducted as part of an independent fact-finding investigation into allegations of misconduct. The interview took place via Zoom and was digitally recorded and later transcribed. Lerner participated in the interview voluntarily and agreed to be truthful and cooperate.
Lerner has been a practicing attorney for over seventeen years. Lerner’s practice was primarily focused on litigation for public agencies. About six years ago, Lerner began to focus on representing municipalities. Lerner is the assistant city attorney for several sma ll cities in the Central Valley. In May 2022, Lerner became the interim city attorney for Hollister. Lerner was permanently chosen as the city attorney in June 2022. Former Mayor Ignacio Velasquez was the Mayor until December 2022.
Lerner was present with members of the City Council in a closed -session meeting on September 6, 2022. During the closed session, Councilmember Rick Perez became upset and verbally abusive. Lerner is unsure what sparked Perez's behavior but believes it was unrelated to the discussed topic. Lerner said she tried to defuse the situation. Likewise, Mayor Ignacio Velasquez tried to intervene, and Perez directed his anger toward Velasquez.
Lerner said she has known for some time that Perez and councilmember Rolan Resendiz do not like each other. However, she had never seen aggressive behavior from Perez before. Lerner said that on September 6, 2022, Perez was "coming at" Resendiz verbally.
However, Perez and Resendiz were separated at opposite ends of the table. Lerner said Resendiz was visibly shaken.
Lerner said Perez was much closer to Velasquez, and his posture was challenging toward Velasquez.
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At the end of the closed session, Perez walked out, and Resendiz asked Velasquez and Lerner to stay behind. Resendiz shared that he was un comfortable and did not want to be alone with Perez. Lerner said Perez's behavior and demeanor were 100% inappropriate. Lerner said Resendiz reasonably could interpret Perez's demeanor as intimidating and threatening. Lerner said the interaction lasted abo ut 60 to 90 seconds, "but it felt like a lifetime." Lerner said Perez's general behavior was threatening, but Perez did not make any overt threats to Resendiz or Velasquez.
Lerner said Perez is dealing with stress in his personal life. Lerner has not obse rved any further blowups since September 6, 2022. Later, Perez told Lerner he wanted to apologize for the outburst. Lerner said Council had not taken any action against Perez pending the outcome of an administrative investigation. Lerner was unable to prov ide further information.
I concluded the interview at 1:47 p.m.
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While preparing for the annual Christmas event, Perez was trying to have a group picture taken. was taking the picture, and Perez insisted that enter the picture.
said Perez is impulsive and acts without thinking. said Perez generally stops if someone points out his unwanted behavior.
has heard rumors through the grapevine of friction between Perez and Councilmember Resendiz. has noticed that Resendiz and Perez disrespect each other and will cut each other off when talking in an open session. has observed Perez telling Resendiz, hello and Resendiz ignoring Perez.
said Perez's impulsiveness could co me off as aggressiveness. has seen Perez stand up abruptly while seated at the dais. Perez has walked out of Council meetings. Depending on which way Perez turns, he sometimes walks behind Resendiz.
Usually, Perez will try to apologize later.
In July or August 2021, the City was preparing for the 150th Anniversary Street event.
Initially, the event was organized by volunteers. However, items fell through the cracks, Perez was threatened by 's involvement and
yelled at her in front of everyone. Again, Perez later apologized.
said that recently Perez has become more focused on his son. said that as long as Perez knows his boundaries, he will adhere to them. was unable to provide further information.
I concluded the interview at 7:38 p.m.
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Interview of Councilmember Dolores Morales (Witness) (Attachment 7) On January 11, 2023, at 5:54 p.m., I interviewed a witness, Dolores Morales. The interview was conducted as part of an independent fact-finding investigation into allegations of misconduct. The interview took place via Zoom and was digitally recorded and later transcribed. Morales participated in the interview voluntarily and agreed to be truthful and cooperate.
Morales is a manager with the Santa Clara County Probation Department. Morales was elected to the Hollister City Council via a special election at the end of 2021. In November 2022, Morales was elected to a four-year term. Morales said she has a profession al relationship with her fellow council members. Morales said Hollister councilmembers adhered to the Brown Act and that there are no sides or alliances amongst Councilmembers. Morales said that she and Councilmember Tim Burns had similar backgrounds and thought similarly.
Conversely, Morales said she has no relationship with Councilmember Rolan Resendiz.
Morales does not communicate with Resendiz outside of Council meetings and seldom agrees on issues. Morales and Councilmember Rick Perez communicate more frequently. Morales said Perez is in touch with residents and is physically present when residents have issues. Morales described Perez as a people person.
Morales said Resendiz and Perez do not have a relationship. Morales said Resendiz is condescending and accusatory towards others. Additionally, Resendiz dismisses others and tries to make them feel stupid.
Morales was present at a closed-session meeting on September 6, 2022. Morales said the conversation between Perez and Resendiz was typical of past conversations. Morales said Resendiz demeans Perez and tries to humiliate Perez. Morales said both Resendiz and Perez were loud.
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Morales said if someone were to walk in, they would think something was happening.
Morales said Perez did not act in a threatening or aggressive manner. Instead, Morales said Perez is animated and talks with his hands. Morales said Resendiz gives Perez looks and does other things that would trigger him. However, Morales said she did not witness any actions by Perez that likely vi olated the City Council's code of conduct. Conversely, Morales believes Resendiz's inability to work together violates the code of conduct.
Morales said Perez always greets Resendiz and is often ignored. Morales is unsure what caused the friction between Resendiz and Perez but believes it relates to something with the former Mayor Ignacio Velasquez. Morales believes it would be essential for me to speak with Councilmember Tim Burns. Morales said if Resendiz had an issue with Perez, he should have brought it up with the other council members, and he did not. Morales is unsure of any other witnesses and could not provide further information.
I concluded the interview at 6:12 p.m.
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Interview of San Benito County District 2 Supervisor Kollin Kosmicki (Witnes s) (Attachment 8)
On January 13, 2023, at 1:03 p.m., I interviewed a witness, Kollin Kosmicki. The interview was conducted as part of an independent fact-finding investigation into allegations of misconduct. The interview took place via Zoom and telephone and was digitally recorded and later transcribed. Kosmicki participated in the interview voluntarily and agreed to be truthful and cooperate.
Kosmicki has lived in San Benito County for about twenty years. Kosmicki was the local newspaper editor and then owned his own business. In 2020, Kosmicki ran for the County Board of Supervisors and was elected. In addition, Kosmicki participates in several commissions and committees. One of Kosmicki's primary focuses is road infrastructure, single-family housing, and homelessness. Portions of the City of Hollister are within Kosmicki's District.
Kosmicki interacts with members of Hollister City Council occasionally. Kosmicki is familiar with Councilmember Rick Perez and sits on one committee with Perez. Kosmicki said Perez has been vocal about the County’s Behavioral Health Services. Additionally, Perez has been lobbying for funding for a nonprofit, Youth Recovery Connections.
On September 6, 2022, Perez called Kosmicki. Kosmicki was at home when Perez c alled.
Perez shared with Kosmicki that Perez's son had drug addiction problems. Perez told Kosmicki about his son's arrest and that he anticipated his son would receive help soon after being released. Instead, Perez's son overdosed. Kosmicki said Perez bec ame emotional as he described the incident.
Next, Perez began talking about the County Behavioral Health Department's deficiencies.
Finally, Perez accused the , of blackballing
Youth Recovery Connections. Kosmicki interjected, and Perez became agitated.
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Perez raised his voice, yelled, and cursed at Kosmicki. Kosmicki said he felt Perez personally attacked him. Kosmicki said Perez was not in control of his emotions. Knowing that Perez was passionate about Youth Recovery Connections and that Youth Recovery Connections would be lobbying the County for support, Kosmicki felt Perez might show up at future meetings. Based on Perez's behavior, Kosmicki felt it necessary to inform others on the County Board of Supervisors. Kosmicki said Perez's demeanor was unprofessional and reflected poorly on the City of Hollister. Additionally, Kosmicki has seen Perez act rashly and unprofessionally from the dais. Kosmicki said Perez has stood up and walked out of meetings. Kosmicki believes Perez's demeanor is inappropriate for an elected official.
As Perez described his interactions with Behavioral Health Services, Perez described his son's case as high profile and high priority. In addition, Perez mentioned his status as a council member. Kosmicki has not confirmed whether Perez has sought preferential treatment for his son because of his position as a council member. However, Perez does not hesitate to share that he is a council member and has frequently communicated with Behavioral Health Services. Kosmicki was unable to provide further information.
I concluded the interview at 1:30 p.m.
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Interview of former Mayor Ignacio Velazquez (Witness) (Attachment 9) On January 13, 2023, at 2:49 p.m., I interviewed a witness, Ignacio Velazquez. The interview was conducted as part of an independent fact -finding investigation into allegations of misconduct. The interview took place in a private office in Hollister.
Velazquez participated in the interview voluntarily and agreed to be truthful and cooperate to the best of his ability.
Velazquez owns his own electrical contracting business. Additionally, Velazquez served five consecutive two-year terms as Hollister's Mayor. Velazquez's term ended on December 13, 2022. During Velazquez's last term, Rolan Resendiz, Rick Perez, Dolores Morales, and Tim Burns comprised Hollister's City Council. Velazquez said Perez and Resendiz generally had a decent relationship. Occasionally, Perez would do something or turn aggressive toward Resendiz. Velazquez said small things would often set Perez off. Velazquez described Perez as emotional. Velazquez said he often cautioned Perez about his behavior. Velazquez believes Perez intentionally i ntimidates others to get his way.
Velazquez estimated that Perez had been aggressive or threatening toward Rolan Resendiz at least a dozen times between 2020 and 2022. Velazquez was present in a closed-session meeting on September 6, 2022. Velazquez did n ot recall the topic of discussion; however, he recalls Perez becoming upset. Velazquez recalled the confrontation between Resendiz and Perez escalating and Perez becoming very threatening. Velazquez said Perez was "going at" Resendiz. Perez raised his voice and cussed. Perez was posturing and puffing himself up.
Velazquez tried to intervene, and Perez directed his attention to Velazquez. Perez stared at Velazquez with a threatening look. Velazquez said he feared that Perez would hit him if he turned his back. Velazquez said he repeatedly told Perez that he needed to control himself and that his actions were inappropriate.
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Velazquez said it was a very tense situation, and he felt Perez would attack either himself or Resendiz. The exchange lasted for 5 to 10 minutes. Velazquez said Perez's behavior was highly inappropriate. Lastly, Velazquez acknowledged that Resendiz intentionally made Perez look bad at times. Velazquez was unable to provide further information.
I concluded the interview at 3:07 p.m.
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Interview of Councilmember Rick Perez (Subject) (Attachment 10) On February 4, 2023, at 8:25 a.m., I interviewed a subject, Rick Perez. The interview was conducted as part of an independent fact-finding investigation into allegations of misconduct. The interview took place via telephone and was digitally recorded and later transcribed. Perez participated in the interview voluntarily and agreed to be truthful and cooperate to the best of his ability.
Perez is a handyman by trade. Perez was elected to the Hollister City Council in November 2020. In 2022, Perez served as the vice mayor. Perez represents Holl ister's District 1.
On September 4, 2022, Perez's son overdosed. Perez revived his son, and he was transported to the hospital. Perez’s son was supposed to have been sent to treatment or behavioral health because of a previous arrest. However, the referra l was not timely.
On September 6, 2022, Perez called San Benito County Supervisor Kollin Kosmicki.
Perez shared his son's experience and requested assistance from Kosmicki. Kosmicki commented about finances, which upset Perez. Perez said he likely yelle d and used profanity while talking with Kosmicki. Perez said he likely told Kosmicki that his son's case was high-profile. Perez said that had directly stated that his son's case was high profile. Perez said he called Kosmicki and later app eared before the San Benito County Board of Supervisors as a citizen, not a member of Hollister's City Council.
The Hollister City Council held its regularly scheduled Council meeting on September 6, 2022. Perez was present in the closed-session meeting. Perez said he believed he was not allowed to speak freely and represent his District. Perez said former Mayor Ignacio Velasquez and Rolan Resendiz often prevent Perez from speaking. Perez said that on September 6, Velasquez was preventing Perez from speaki ng. Perez said he had a duty as a council member to speak his position.
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Perez said that Resendiz often tries to egg him on. For instance, Resendiz commented, "Come on, homeboy." Another time, Resendiz ran for the County Board of Supervisors.
Perez felt that Resendiz was arrogant and said, "I got this" before the election. Ultimately, Resendiz lost. Before the results, Perez tried to give Resendiz a high five, and he walked by without acknowledging Perez. Additionally, Perez believes that Velasquez tries to silence him. Perez said that Council meetings become heated when he tries to talk about 25% of the time. Perez said he feels “tag teamed” by Velasquez and Resendiz. Resendiz attacks Perez's stance, and Velasquez tells Perez to be quiet. Perez said Resendi z's tone and expressions get to him, and sometimes he cannot hold back.
Perez said on September 6, 2022. He likely yelled and used profanity in the closed session. Perez said he did not make any overt threats toward Resendiz or Velasquez.
When asked whether Resendiz or Velasquez could have taken his demeanor as threatening, Perez responded, "They could have taken it anyway they wanted." Perez said he does not make false threats.
Perez said the demeanor in Council meetings has improved since Velasquez is no longer the Mayor. Perez acknowledged that he is impulsive. Perez was unable to provide further information.
I concluded the interview at 9:04 a.m.
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CITY COUNCIL OF THE
CITY OF HOLLISTER
Minutes of Regular Meeting
April 3, 2023
PUBLIC PARTICIPATION NOTICE
CALL TO ORDER
CLOSED SESSION - 5:30 P.M.
Mayor Casey called the special meeting of the City Council of the City of Hollister to order at 5:31 p.m.
Public Comment (limited to any item listed on the Closed Session agenda)
Mayor Casey opened public comment at 5:31 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 5:31 p.m.
Closed Session will be held by the City Council of the City of Hollister to discuss the following matters:
City Attorney Lerner read the closed session item titles.
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS per Government Code section 54956.8 Under Negotiation: Price and Terms Property: 190 Maple Street, Hollister, CA 95023 Agency negotiator: Interim City Manager David Mirrione Negotiating parties: Renee Kunz
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION per Government Code Section 54956.9 Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 1 case
Councilmember Morales moved, and Councilmember Resendiz seconded the motion to adjourn into closed session. Motion carried 4-0-0 (Councilmember Perez absent).
The special meeting of the City Council of the City of Hollister adjourned at 6:35 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Morales led the Pledge of Allegiance.
ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on April, 3, 2023 at 6:30 PM in the City Council Chambers at 375 Fifth Street, Hollister, CA 95023.
Attendee Name Title Status Arrived
Mia Casey Mayor Present
Rick Perez District 1 Absent
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Rolan Resendiz District 2 Present
Dolores Morales District 3 Present
Tim Burns District 4 Present
Mary F. Lerner City Attorney Present
Jennifer Woodworth City Clerk Present
Carlos Reynoso Police Chief Present
David Mirrione Interim City Manager Present
Gordon Machado City Treasurer Absent
VERIFICATION OF AGENDA POSTING
City Clerk Woodworth reported the agenda for the City of Hollister City Council special and regular meeting of April 3, 2023 was posted on the bulletin board at City Hall on March 30, 2023 at 3:55 p.m. per Government Code Section 54954.2.
CLOSED SESSION - REPORT OUT
City Attorney Lerner reported no reportable action was taken in closed session .
PROCLAMATIONS/RECOGNITIONS
1. Proclamation Declaring April as General Aviation Appreciation Month
2. Update from Gavilan College on their San Benito County Campus
Dr. Pedro Avila, President of Gavilan College, and Damon Felice with Felice Consulting Services provided an update on the Gavilan College San Benito County campus including inviting the Council and Hollister community to attend a groundbreaking ceremony in June 2023. Mr. Avila provided information regarding potential use of a septic system and available connection to the sewer system, and Mr. Felice described and displayed renderings of the proposed buildings.
Councilmember Resendiz expressed concern regarding the potential connection of new homes near the San Benito County campus to the City's sewer system and stated his support for a septic system for the Gavilan College San Benito County campus.
A. CONSENT ITEMS
All items listed under the consent agenda will be enacted in one motion authorizing the actions indicated for those items so designated.
City Clerk Woodworth reported the final version of the minutes were not included in the Council packet, and any typos may be corrected by staff following Council approval.
Councilmember Resendiz pulled Item A4 from the consent agenda.
Mayor Casey opened public comment at 7:02 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 7:02 p.m.
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Councilmember Burns moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for A4. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Perez
Consent items are numbers: A1 through A5.
1.City Council - Regular Meeting - Mar 20, 2023 6:30 PM
2.City Council - Special Meeting - Mar 27, 2023 4:00 PM
3.WARRANT REGISTER - APRIL 3, 2023 – AP
4.Item A4 was moved to Items Pulled from the Agenda
5.Ordinance No. 2031 An ordinance of the City of Hollister amending the Fireworks Ordinance to include extended language and definition of violators and liability of property owners and those in legal possession of property where violations occur
ITEMS PULLED FROM CONSENT AGENDA
6.Resolution No. 2023-50 A resolution of the City Council of the City of Hollister approving the City of Hollister 2022 General Plan Progress Report. Exempt from CEQA per section 15306 Information Collection Interim Planning Manager Eva Kelly described the purpose of the Annual Progress Report.
Mayor Casey opened public comment at 7:0 p.m.
There were no speakers for the consent agenda items.
Mayor Casey closed public comment at 7:02 p.m.
Councilmember Resendiz moved, and Councilmember Morales seconded the motion to approve a resolution accepting the Annual General Plan Progress Report and direct staff to forward the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development. Motion carried 4-0-0 (Councilmember Perez absent).
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RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Perez
B.CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
C. PUBLIC INPUT
Mayor Casey opened public comment at 7:05 p.m.
Robb Rodriguez Vista Park Hill Community Gardens expressed concern regarding the use of chemical pesticides in the community and at Vista Park Hill and stated the public should have been notified prior to the use of pesticides. Mr. Rodriguez requested the City create a formal process for notifying the public of chemical pesticide use and urged use of organic pesticides instead of chemical pesticides.
Monica Abonce with Integrated Waste Manament invited the City Council and community to the upcoming Earth Day celebration on April 22, 2023.
Mayor Casey closed public comment at 7:10 p.m.
D.PETITIONS, REMONSTRANCES AND COMMUNICATIONS
1.City Manager Report
2.Trainings and Conferences
Police Chief Carlos Reynoso reported an officer attended critical incident training and traffic collision training.
E.PUBLIC HEARINGS
1.Ordinance No. 2032 An ordinance of the City Council of the City of Hollister amending section 1.18.060 of chapter 1.18 of the City of Hollister Municipal Code relating to Administrative Citation Hearing Requests
Rob Lomeli with the City Attorney's office provided the staff presentation.
Mayor Casey opened the public hearing at 7:15 p.m.
There were no speakers for this item.
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Mayor Casey closed the public hearing at 7:15 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to introduce ordinance 2032 and schedule a second reading and adoption of the ordinance at the April 17, 2023 City Council meeting. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT: First Reading [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Perez
F.INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES
1.Resolution No. 2023-51 A Resolution of the City Council of the City of Hollister Authorizing a Temporary Moratorium on Traffic Calming Measures
Interim City Manager David Mirrione provided the staff report.
Mayor Casey opened public comment at 7:20 p.m.
Jose Martinez spoke regarding the traffic calming measures installed on Powell Street and stated they are working to reduce speeds on Powell, but traffic has increased on nearby streets.
Violeta Negrete spoke in support of the traffic calming measures stating they help reduce reckless and unsafe driving and raised concerns regarding unsafe driving in other areas of the City.
Miguel Solorzano expressed concern regarding speeding cars on West Street stating it is dangerous for pedestrians and those who live there.
Michael McAbee spoke in support of speed cushions installed on Prune Street stating they have helped reduce driving speeds.
Mayor Casey closed public comment at 7:30 p.m.
Councilmember Burns suggested enhanced police enforcement while traffic calming studies are being paused.
Councilmember Resendiz supported ongoing installation of traffic calming measures until a new policy is brought to Council for consideration.
Councilmember Morales highlighted numerous factors that should be considered as part of creation and implementation of a traffic calming policy, including prudent use B.1
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of public funds, negative impact to property, and potential impact to emergency response times.
Mayor Casey supported creation of a formal policy for traffic calming measures instead of the informal process currently being used. Mayor Casey suggested a discussion of drag racing in the City should be considered separately from traffic calming measures for residential streets.
Councilmember Resendiz requested a roll call vote.
Councilmember Burns suggested pausing the larger traffic calming measure projects and continue installation of less expensive measures, such as speed cushion installation.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-51 authorizing a temporary moratorium on traffic calming measures and continue moving forward with less expensive traffic calming measures. Motion carried 3-1-0 (Councilmember Resendiz opposed; Councilmember Perez absent).
RESULT: Adopted as Amended [3 to 1]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Morales, Burns
NOES: Resendiz
RECUSED:
ABSTAIN:
ABSENT: Perez
2. Resolution No. 2023-52 A resolution of the City Council of the City of Hollister adopting a Wastewater Treatment Services Agreement between the City of Hollister and San Juan Oaks Mutual Water Company
Interim City Manager Mirrione withdrew the item.
RESULT: Withdrawn
MOTION:
SECOND:
AYES:
NOES:
RECUSED:
ABSTAIN:
ABSENT:
3. Resolution No. 2023-53 A resolution of the City Council of the City of Hollister amending the list of authorized Full Time Equivalent (FTE) positions as included in the FY 2022-23 Adopted Budget.
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Administrative Services Director provided the staff report reviewing the various proposed amendments.
Mayor Casey opened public comment at 7:48 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:48 p.m.
Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-53 to approve the proposed amendments to the list of FY 2022-23 approved FTEs. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT: Adopted [Unanimous]
MOTION: Tim Burns
SECOND: Dolores Morales
AYES: Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Perez
4. Resolution No. 2023-54 A resolution of the City Council of the City of Hollister to adopt a policy regarding Council Proclamations & Certificates of Recognition
City Clerk Woodworth provided the staff presentation .
Councilmember Resendiz recommended staff use the guidelines to administratively review proclamation requests and bring them back to Council for presentation and recommended removing the requirement for Council consideration prior to presentation of the proclamation
Councilmember Resendiz moved, and Councilmember Burns seconded the motion to adopt Resolution 2023-54 approving the City Council policy entitled: “Council Proclamations & Certificates of Recognition”, as amended.
Councilmember Morales commented on the need for Council and members of the public to be able to object to a proclamation prior to Council presentation of the proclamation.
Councilmember Burns withdrew his second to the motion, and Councilmember Resendiz withdrew his motion.
Mayor Casey opened public comment at 7:58 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 7:58 p.m.
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to adopt Resolution 2023-54 approving the City Council policy entitled: “Council Proclamations & Certificates of Recognition. Motion carried 4-0-0 (Councilmember Perez absent).
RESULT: Adopted [Unanimous]
MOTION: Rolan Resendiz
SECOND: Dolores Morales
AYES: Casey, Resendiz, Morales, Burns
NOES:
RECUSED:
ABSTAIN:
ABSENT: Perez
G. REPORTS OF CITY COUNCIL, OFFICERS, BOARDS AND COMMITTEES
1. Receive report on the City of Hollister 2040 General Plan Update and provide possible direction
Development Services Director Christy Hopper provided the staff presentation outlining the timeline for development and review of the General Plan Update, including upcoming opportunities for community input and Council consideration.
The Council requested and received information on the current membership of the General Plan Advisory Committee (GPAC) and the proposed schedule.
Mayor Casey supported moving the General Plan Update forward and not returning to the GPAC for additional review. Mayor Casey supported disbanding the GPAC as their work appears to be complete.
Councilmember Resendiz supported appointing new members to the GPAC to fill the vacancies and convening the GPAC to review the proposed General Plan Update.
Councilmember Resediz requested the City's consultant provide a recommendation on whether to disband the GPAC and supported moving forward with the process as outlined by staff.
Mayor Casey opened public comment at 8:28 p.m.
Victor Gomez supported releasing the draft General Plan Update for discussion and spoke regarding the General Plan Amendment for his development project near Ladd Lane.
Mayor Casey closed public comment at 8:31 p.m.
Councilmember Burns supported moving forward with releasing the draft General Plan Update and revisiting the future of the GPAC, if needed.
Councilmember Resendiz supported allowing the current GPAC to move forward without filling vacancies on the GPAC.
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Councilmember Morales supported disbanding the GPAC to prevent further delays to the process, and if the GPAC is not disbanded, the vacancies should be filled prior to the GPAC meeting to review the draft General Plan Update.
By consensus the Council supported releasing the General Plan Update on April 4, 2023.
Interim City Manager Mirrione stated staff will contact the existing members of the GPAC to determine their willingness to continue to serve and will return with a subsequent Council item to discuss the future of the GPAC.
2. Legislative Update by the City Attorney
Rob Lomeli with the City Attorney's Office provided a presentation on new legislation affecting the City and its operations.
Councilmember Morales commented on the need for further analysis to determine the impact of the legislation on City operations and plans for implementation.
Mayor Casey opened public comment at 9:07 p.m.
There were no speakers for this item.
Mayor Casey closed public comment at 9:07 p.m.
3. Reports from City Council Members regarding Committees on which they serve
No reports.
4. Informational Reports from City Council, City Manager, City Attorney, City Clerk and Staff
Councilmember Burns requested a certificate of appreciation for Alliyah Gomez for her service on the Parks & Recreation Commission and a proclamation recognizing Cole Seymour and Eliana Salcedo for their folk wrestling recent wins.
Councilmember Burns requested the City Attorney bring forward an item on the administrative hearing process and administrative hearing officer requirements.
Councilmember Burns suggested creation of a quarterly employee recognition program, provided information regarding the Marty Richman scholarship fund, requested an update on how much councilmembers spent of their discretionary funds and suggested increasing the discretionary funds from $50,000 to $100,000.
Councilmember Burns requested a staff report regarding the concerns raised by Robb Rodriguez of pesticide use at the Vista Park Hill garden, requested a letter of opposition to the Taxpayer Protection and Government Accountability Act initiative; and requested a comprehensive report of training and conferences attended by all departments.
Councilmember Resendiz commented on the lack of support for recognizing LGBTQ+ Pride month by the San Benito County Board of Supervisors; requested staff use funds from his discretionary budget to transcribe a LGBTQ+ manual for public officials that he provided and share the document with employees and other jurisdictions; reported he has the original LGBTQ+ flag flown at Hollister City Hall that can be displayed and thanked Tina Garza and the Parks & Recreation Department staff for their work to provide community events.
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Councilmember Morales thanked staff for attending and their hard work, supported creation of an annual employee recognition event, supported creation of a policy on chemical pesticide use in parks by City staff, supported the City sending a letter to oppose the taxpayer protection and government accountability tax initiative, and requested a certificate of recognition for Sarah Nordwick with the San Benito County Food Bank for her work to support the victims of the recent floods.
Mayor Casey supported analysis of use of chemical pesticide by the City and stated her preference for use of organic pesticides instead; reported on a tour she took with Diane Ortiz with the Youth Alliance organization, reported she and City Attorney Lerner spoke with social studies classes at Maze Middle school, met with Daniel Ripke from CalSate Monterey Bay to discuss potential partnership opportunities to support Hollister's economic development goals, and invited the community to attend a "Coffee with the Mayor" event on Saturday at the Fourth Street Eatery with Police Chief Reynoso. Mayor Casey requested staff draft an ordinance to address vacant commercial buildings to support Downtown beautification efforts and requested an update on open positions with the City stating the openings need to be posted on the City's website.
Interim City Manager confirmed Council consensus support for the requests for certificates of recognition and proclamation for Cole Seymour and Eliana Salcedo; analysis of employee recognition program options; bringing back information on the Council's discretionary budget and a policy on their use as part of the budget process; information on chemical pesticide use by the City and policy on use of chemical pesticides; drafting a letter of opposition re: Taxpayer Protection and Government Accountability Act initiative; and an ordinance regarding vacant commercial buildings.
City Clerk Woodworth requested and received consensus on bringing forward proclamations declaring a Water Awareness Month from the San Benito County Water District and declaring a Memorial Poppy Month and Memorial Poppy Day from the American Legion Auxiliary.
H. UNFINISHED BUSINESS
1. Updated City Council Projects
I. NEW BUSINESS
No items.
J. MISCELLANEOUS
No items.
K. CITY OF HOLLISTER AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY
No items.
L. ADJOURNMENT
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Councilmember Burns moved, and Councilmember Morales seconded the motion to adjourn the meeting at 9:30 p.m. Motion carried 4 -0-0 (Councilmember Perez absent).
Respectfully submitted,
Jennifer Woodworth, MMC
City Clerk
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY NATMAR L.P.
BRIEF DESCRIPTION: Natmar L.P. filed a claim against the City on January 26, 2023.
RECOMMENDATION: Deny the claim and authorize staff to send the notice of rejection to the claimant.
DEPARTMENT SUMMARY: Natmar L.P filed a claim against the City on January 26, 2023.
Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.
FINANCIAL IMPACT: Unknown
CEQA: Exempt
ATTACHMENTS:
1. Natmar LP Claim_Redacted
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY GILBERTO GARCIA
BRIEF DESCRIPTION: Gilberto Garcia filed a claim against the City on March 27, 2023.
RECOMMENDATION: Staff recommends denial of this claim and seeks authorization to send the notice of rejection to the claimant.
DEPARTMENT SUMMARY: Gilberto Garcia filed a claim against the City on March 27, 2023.
Staff sent a copy of this claim to the City’s risk manager/claims adjuster, who recommended denial of the claim. Staff further requests authorization to send the notice of rejection of claim to the claimant.
FINANCIAL IMPACT: Unknown
CEQA: Exempt
ATTACHMENTS:
1. 20230327_Gilberto Garcia Claim_Redacted
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: ORDINANCE NO. 2032 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING SECTION 1.18.060 OF CHAPTER 1.18 OF THE CITY OF
HOLLISTER MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATION HEARING
REQUESTS
DESCRIPTION: Adoption of an amendment to Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code, correcting the location to which a request for hearing form and attached documents must be returned.
RECOMMENDATION: Adopt Ordinance 2032 amending Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code, correcting the location to which a request for hearing form and attached documents must be returned.
DEPARTMENT SUMMARY: Recent amendments to the Hollister Municipal Code require the issuance of administrative citations for violations of City ordinances. In order to properly enforce municipal code violations utilizing administrative citations, an appeal process must be provided. The proposed revision, requested by City Council, ensures that requests for administrative citation hearings are returned to code enforcement at its proper location within the Hollister Police Department.
FINANCIAL IMPACT: None
CEQA: N/A
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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ORDINANCE NO. 2032
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING SECTION 1.18.060 OF CHAPTER 1.18 OF THE CITY OF HOLLISTER MUNICIPAL CODE
RELATING TO ADMINISTRATIVE CITATION HEARING REQUESTS
The City Council of the City of Hollister does ordain as follows:
SECTION 1. Section 1.18.060 (“Hearing request”) of Chapter 1.18 (“Administrative Citations”) of Title 1 (“General Provisions”) of the City of Hollister Municipal Code is amended to read:
1.18.060 – Hearing request.
A. Any recipient of an administrative citation may contest the citation by completing a request for hearing form and returning it to the code enforcement department, located within the Hollister Police Department, within 30 days from the date of the administrative citation, together with an advance deposit of the total penalty amount or an advance deposit hardship waiver application form. Please bring the administrative citation. The code enforcement office is located at 1000 Union Road, Hollister, CA 95023.
B. A request for hearing form may be obtained from City Hall, located at 375 Fifth Street, Hollister, CA 95023.
C. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing.
D. If the enforcement officer submits an additional written report concerning the administrative citation to the hearing officer for consideration at the hearing, then a copy of this report also shall be served on the person requesting the hearing at least five (5) days prior to the date of the hearing.
SECTION 2. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 3. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.
INTRODUCED at a regular City Council meeting on the 3rd day of April, 2023 and adopted by the Hollister City Council at a regular meeting on the 17th of April, 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
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Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 2032 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 7, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RATIFY APPOINTMENTS TO FILL COMMISSION VACANCIES
BRIEF DESCRIPTION: The Airport Advisory Commission, Arts & Cultural Commission, and Youth Committee currently have vacancies. The City Council must ratify appointments to the commissions.
RECOMMENDATION: Ratify appointments to fill the vacancies for the Airport Advisory Commission District 3 seat, Arts & Cultural Commission District 1 and District 3 seat, and Youth Committee seat.
DEPARTMENT SUMMARY: The Airport Advisory Commission, Arts & Cultural Commission, and Youth Committee currently have vacancies. The City Council must ratify appointments to the commissions. The City Clerk received the following applications and are recommended to fill the vacant seats listed:
Airport Advisory Commission
John Hughes – District 3
Art and Culture Commission
Rosalinda Sanchez – District 1
Anthony Rojas – District 3
Youth Committee (City-Wide)
Gabriel Mendez
The City Clerk received no other qualified applications for these seats and the recruitment will remain open for vacancies on all Hollister Boards and Commissions.
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. John Hughes_Airport Advisory_D4_Redacted
2. Rosalinda Sanchez_Art & Culture_D3_Redacted
3. Gabriel Mendez_Youth_Redacted
4. Anthony Rojas_Arts & Culture_D3_Redacted
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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HOLLISTER YOUTH COMMITTEE
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10/27/20
Attach resume if desired .
When completed please return to the City Clerk's Office at 375 Fifth Street or Email to: [email protected]
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Gabrie l Mendez
Obj ective
Gabrie l Is a reso urceful i ndividua l wi th a proven tr ac k record In Implementin g successful ma rketin g strat egies and boosting produ ction wh ile accom panyin g a strong passion tor the Finance Industry.
Education
Holl ist er High Schoo l
Tota l GPA: 3 .5
Clubs:
• San Beni t o Key Club (2021 -2023)
· AV ID Club (Media Publicity Coordina to r► (2021-2 022 ) -Link Crew (202.2 -2023)
-Class Office (Sophmore Cl ass Vice !Presi dent) (202 1 -20 22) • Ra ll y Clu b (2022 -2023)
• Safe Place Club t202l -2023 )
. Radiate Pe.s i tlv ity (Founder & Presiden t} 12021 -2023) E lee ted Pos itio ns:
2022•2023 ASB Comm is sioner or Clubs
2021-2022 Sopho more Vice President
Committees:
• Schoo l Site Council
-Faci l ities Needs Co mmi ttee
Work
Youth Alliance (Holl ister, CM
Media & Communications
2020 • 2024
November a. 2022 -Present
Media & Communications will wo r k wi th t h e Commun icati ons Coordina t or and t he Policy Directo r t o disseminate Information through Facebook/lnstagram Li ve, Zoom events , and other media outlet s serving as a platform for conve rsation and sharing of knowleclge . Media & Comm unications will support the engagem ent or youth in tun topics. meanwh i le ed uca t ing youth on socia l Justice topics. substa nce use pre vention , current events. an d pa t hways tor advo cacy. Med ia & Comm unications will support ment,orlng yo uth m edia-producing students and will be res pons ible ror prod uci ng projects wi th a positiv e soc ial i mpa ct on underserved com mu ni ti e s.
Nav igator Schools (Holli ster, CA) August 2022 • Present B.5.c
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Profess iona l Devel opmen t Presenter
The Profess ional Deve l opment Presenter present s the creation, d!evel opment, an d exe cution of learning pr,ograms and experiences focused on all areas of profess ional deve lopment.
Achi eve ments
-St ate Of Seal Of Biliteracy (Scored 5 on the Spanis h Languag:e AP liest) -Recogn ized on EdCal {Newspaper fo r school administrators in Cal i forn ia) -Launched Ba lerNoticias at !Hollister High School
Volunteer
Vol unteer at The Community Food bank Of San Ben ito -Jlune 202ll -Today's Date Hours: 21 8 Hours.
ASB Beneficiary -June 2022 -Today 's Date
Hou rs: 178 Hours
Tot al: 39 -6 Hou rs:
Sk llls
-Team Management
-Profic ient In Spanish
-Creative Problem Solving
-Public Speaking
• Leadersh ip
• Innovation
References
Lorena Vil l agomez -Yourth Suppo rt Services. Prog ram Manage r Sa rah Nordw lclc -CEO of The Communi ty Food bani< Of San Benito Shawn Ten nenbaum -Superintendent at the San Benito High Sc hool Olstrict Sa ma nth a Rivas -MTTS Superv isor at Hlo llist er High School B.5.c
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 29, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-55, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING AN AMENDMENT TO THE EXISTING
AGREEMENT FOR HEARING OFFICER SERVICES BETWEEN THE CITY OF HOLLISTER
AND JEFFREY MILLER
BRIEF DESCRIPTION: This is an amendment to the existing agreement with Jeffrey Miller to provide hearing officer services to City of Hollister to extend the current agreement until June 30, 2023.
RECOMMENDATION: Adopt a resolution authorizing the Mayor of the City of Hollister to sign an amendment to the agreement between the City of Hollister and Jeffrey Miller.
DEPARTMENT SUMMARY: The Hollister Police Department has a need to provide a hearing in a timely manner for those individuals who have received an administrative citation for violating city ordinances. Some of the most common hearings stem from police officers, code enforcement and animal care & services citations.
For the last several years, Jeffrey Miller has been providing those services for the City of Hollister. During COVID 19 restrictions, the hearings were being conducted remotely through zoom. Staff discovered the process has worked very well. Jeffrey Miller has been able to conduct the hearings remotely while staff and the cited individual are at the Hollister Police Department.
The hearing officer provides a comprehensive report detailing the hearing, the issues that were brought up in the hearing and a determination of the case. The reports are consistently well written and include detailed reasons justifying the findings.
Individuals that do not agree with the findings have the right to appeal the case to the San Benito Superior Court. However, there have been no appeals since Jeffery Miller has been the Hearing Officer for the City of Hollister.
There is no requirement for a municipal hearing officer to be an attorney and staff has found that Jeffrey Miller is more than capable of providing the services to our city at the reduced rate of $100 an hour. Police, Code Enforcement and Animal Control Department staff request the existing contract, which expired on December 31, 2022 to be extended to June 30, 2023.
FINANCIAL IMPACT: $0. Cost included in FY 2022-23 budget
CEQA: N/A
ATTACHMENTS:
1. Hearing Officer Contract Amendment
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2. 2021 - 2022 Contract
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING AN
AMENDMENT TO THE EXISTING AGREEMENT FOR HEARING OFFICER SERVICES
BETWEEN THE CITY OF HOLLISTER AND JEFFREY MILLER
WHEREAS, Hollister Police Department as well as the Code Enforcement and Animal Care & Services issue administrative citations for violations of the municipal code; and
WHEREAS, the municipal code has a requirement to provide a hearing for residents who which to contest the administrative citation; and
WHEREAS, City of Hollister has had a successful program in place with a contract for a hearing officer services for several years; and
WHEREAS, the contract expired on December 31, 2022 and there is a need to extend the contract to June 30th, 2023; and
WHEREAS, the City of Hollister, the residents of the city of Hollister, the police department, Code Enforcement and Animal Care & Services will mutually benefit from the agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City of Hollister authorizes the Mayor to sign an amendment to the existing agreement for hearing officer services between the City of Hollister and Jeffrey Miller
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-55, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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FIRST AMENDMENT TO AGREEMENT FOR
PROFESSIONAL SERVICES
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________, 2023, by and between the City of Hollister, California, a municipal corporation (“City”), and Jeffery A. Miller, an Administrative Hearing Officer, (“Contractor”).
WHEREAS, City and Contractor have previously entered into an Agreement for Professional Services (“Agreement”) dated May 3, 2021;
WHEREAS, the Agreement expired on December 31, 2022; and
WHEREAS, City and Contractor desire to amend said Agreement to provide for an additional term of the Project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1. Section 26, “ADDITIONAL TERM OF AGREEMENT,” is hereby added to the Agreement to read as follows:
“26. ADDITIONAL TERM OF AGREEMENT. City and
Contractor mutually agree to lengthen the term of this Agreement.
The additional term of this Agreement shall commence on December 31, 2022, and end on June 30, 2023.”
2. Except as herein amended, the Agreement dated May 3, 2021, shall remain in full force and effect.
[Remainder of Page Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties have caused this First Amendment to Agreement to be executed on the date first above written.
CITY OF HOLLISTER
BY:
Mayor
ATTEST:
JENNIFER WOODWORTH, CITY CLERK
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
CONTRACTOR
BY:
(Signature)
Jeffery A. Miller
(Typed Name)
DocuSign Envelope ID: F2381A33-0767-4216-9169-A32F61DA89BB B.6.a
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 27, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-56, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DESIGNATING SURVEILLANCE GRID INTEGRATION INC. AS
THE SOLE SOURCE VENDOR FOR THE CITY OF HOLLISTER PUBLIC SAFETY CAMERA SYSTEM
BRIEF DESCRIPTION: This action will permit the staff to enter into a purchase and maintenance agreement with Surveillance Grid Integration Inc. as a sole source provider to expand the city security camera system and provide on-going maintenance as required. The City Council has previously approved Surveillance Grid Integration Inc. as sole source providers for specific previous expansions to the city security camera system.
RECOMMENDATION: Adopt a resolution designating Surveillance Grid Integration Inc. as the sole source vendor for any future expansion to the City of Hollister public safety camera system.
DEPARTMENT SUMMARY: At the May 4, 2014 City Council Meeting, a construction contract was awarded to Surveillance Grid Integration Inc. for the installation of video cameras in the downtown area. The system was expanded by the same vender in March of 2015. As previously reported to the City Council, the Hollister Police Department stated “the cameras have proven to be a valuable tool”. In 2019, the city council also designated Surveillance Grid Integration Inc. as the sole source provider for the expansion to the system to include coverage at the Public Works Corporation Yard and Industrial Wastewater Treatment Plant.
Surveillance Grid Integration Inc. has supplied several successful bids over the years as they initiated the city security camera system in the downtown. The system has been expanded several times to include surveillance cameras in parks and additional intersections throughout the city. It is increasingly important all future expansions work seamlessly with the other cameras in the network and all the cameras can be accessed by staff through one records program.
Additionally, Surveillance Grid Integration Inc. currently provides the annual maintenance of the system.
Previous sole source designations for Surveillance Grid Integration, Inc. have also included specific projects and language used in those resolutions have left a question on the ongoing sole source status. Therefore, staff request this resolution be adopting designating Surveillance Grid Integration, Inc. as the sole source for expansion, maintenance, or replacement of the city security camera system.
This designation will remain in effect until such time as the city request a change to the status o r a rebidding of the services. Additionally, this company has specific knowledge of the existing system and has been vetted by the Hollister Police Department to work on the system.
FINANCIAL IMPACT: $0
CEQA: N/A
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THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DESIGNATING SURVEILLANCE GRID INTEGRATION INC. AS THE SOLE SOURCE VENDOR FOR THE
CITY OF HOLLISTER PUBLIC SAFETY CAMERA SYSTEM
WHEREAS, the City of Hollister owns and operates a Public Safety Camera System for security of specific public areas in the city; and
WHEREAS, the Public Safety Camera System has been instrumental in numerous crime investigations since the implementation of the camera system; and
WHEREAS, currently, the maintenance of the existing system is provided by Surveillance Grid Integration, Inc. and they are the installer and provider of all the cameras on the system; and
WHEREAS, it is very important to have a system and a provider of services that can work with the existing cameras and records system seamlessly. All of the cameras should be able to be accessed by staff remotely; and
WHEREAS, at the May 4, 2014 City Council Meeting, a construction contract was awarded to Surveillance Grid Integration Inc. for the installation of video cameras in the downtown area, the system was expanded by the same vender in March of 2015, and as previously reported to the City Council, the Hollister Police Department stated “the cameras have proven t o be a valuable tool”; and
WHEREAS, Surveillance Grid Integration, Inc. has previously been declared as the sole source provider for the city security camera system; and
WHEREAS, staff request a finding of sole source provider for Surveillance Grid Integration Inc. as the company that installed and expanded the original system and continues to be the City Council designated vender for ongoing maintenance, has specific knowledge of the existing system and has been vetted by the Hollister Police Department to work on the system.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approves the resolution designating Surveillance Grid Integration Inc. as the Sole Source Vendor for the City of Hollister Public Safety Camera System.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
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Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-56, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 5, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Administrative Services
Casey Estorga, Administrative
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-57, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO
AN AGREEMENT FOR PROFESSIONAL SERVICES WITH REGIONAL GOVERNMENT SERVICES (RGS) FOR A TERM EXPIRING JUNE 30, 2024 AND AN AMOUNT NOT TO EXCEED $75,000.
BRIEF DESCRIPTION: City Council to consider an agreement with Regional Government Services (RGS) to provide professional services to the City Manager’s Office and Administrative Services Department.
RECOMMENDATION: Authorize the City Manager to execute an agreement, in a form approved by the City Attorney, between the City of Hollister and Regional Government Services (RGS) for professional services in an amount not to exceed $75,000 and with a term that expires on June 30, 2024.
DEPARTMENT SUMMARY: The City Manager’s Office and Administrative Services Department are unique in the sense that they provide services not only externally to the greater Hollister community, but also internally to City staff, consultants, vendors, and to the City’s numerous partners. And while certain core operations are customary for these departments, the work plans for the City Manager’s Office and Administrative Services Department are contingent upon the community’s evolving needs for public service. Notably, these changes in public service demands are often memorialized by changes to public policy, including with changes to state or federal law.
The Fiscal Year (FY) 2022-23 Adopted Budget identified a staffing plan to support the operational responsibilities of the City Manager’s Office and Administrative Services Department. While these two departments have made great strides to accomplish many core responsibilities, each department has also experienced unique and extensive staffing challenges during FY 2022-23. This has included a challenging labor market that included failed recruitments, staff turnover, and employees out on leaves of absence. These challenges have resulted in limited capacity to accomplish several critical responsibilities within the City Manager’s Office and Administrative Services Department. Additionally, because of the critical role these two departments play by supporting other City departments, the capacity challenges have also resulted in delays providing timely support to City departments and delays in providing general assistance to City partners, including members of the public and the business community.
While staff does identify the existing challenges as being short-term in nature, they are measurably significant and require immediate attention. Because of that, staff has undertaken a two-pronged approach to addressing the City’s needs which includes both a short-term and long-term solution to mitigate challenges faced by these two departments.
The long-term plan remains to recruit and retain top-tier talent to fill full-time, permanent positions that have already been approved in the FY 2022-23 Adopted Budget. The short-term plan includes immediately increasing capacity so staff can continue to provide services, internally and externally, B.8
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in a timely and comprehensive manner. Notably, elements of the short-term and long-term plans will happen concurrently and staff will continue to make efforts to permanently fill all vacancies while also navigating alternatives to meeting immediate, day-to-day needs in the interim, including by exploring a relationship with a qualified third-party consultant that can provide supplemental professional services.
Staff has identified Regional Government Services (RGS) as the preferred vendor to provide supplemental, short-term professional services to the City Manager’s Office and Administrative Services Department for a variety of reasons. When vetting the vendor, staff held meetings with numerous staff from RGS and while vetting their credentials and ability to meet the City of Hollister’s specific needs. RGS is a public/government agency that specializes in providing consulting, administrative, and project management services that meet the unique needs of local governments.
Notably, RGS has extensive experience working on topics and projects that specifically align with the City of Hollister’s existing needs. This includes direct experience, and technical expertise, related to human resources and employee relations, government finance, economic development, capital projects, risk management, emergency preparation, public safety, as well as the implementation of various types of service-enhancing technology solutions.
FINANCIAL IMPACT: With City Council approval, total costs of the agreement between the City of Hollister and RGS in an amount not exceed $75,000 and will be paid based on actual work performed at an hourly rate described in the RGS 2022 Rate Sheet.
Funding for these professional services have been included in the FY 2022-23 Adopted Budget and will be offset by cost savings resulting from staffing vacancies. It is estimated that the City will incur approximately $25,000 in costs during FY 2022-23. Additionally, because the term of this proposed agreement straddles multiple Fiscal Years, if approved, requisite costs associated with the agreement will also be included in the FY 2023-24 Recommended Budget that will be presented to the City Council in the coming months. It is estimated that the City will incur approximately $50,000 in costs during FY 2023-24.
CEQA: Not a project.
ATTACHMENTS:
1. Agreement with Regional Government Services (RGS)
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RESOLUTION NO. 2023-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
INTERIM CITY MANAGER TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL
SERVICES WITH REGIONAL GOVERNMENT SERVICES (RGS) FOR A TERM EXPIRING JUNE 30, 2024 AND AN AMOUNT NOT TO EXCEED $75,000.
WHEREAS, the City Manager’s Office and Administrative Services Department are uniquely positioned to serve internal needs of the organization while also serving the external needs of the Hollister community and the City’s numerous partners; and
WHEREAS, the City Manager’s Office and Administrative Services Department have faced unique short-term staffing challenges that have negatively impacted overall capacity and ability to fully accomplish necessary deliverables; and
WHEREAS, staff has identified Regional Government Services (RGS) as a highly-skilled and well-positioned partner that can provided timely, project-based consulting services; and
WHEREAS, RGS has technical expertise that will directly support the City’s existing projects and operational goals, often times by allowing the City to accomplish project milestones that have otherwise been delayed or missed.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister on this 17th day of April, 2023 authorizes the City Manager to enter into an agreement with RGS, in a form approved by the City Attorney, for professional services in an amount not t o exceed $75,000 and for a term ending June 30, 2024 by the following vote:
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-57, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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REGIONAL
GOVERNMENT
SERVICES
SERVING PUBLIC AGENCIES SINCE 2002
RGS Is Committed to Reducing Paper Waste by Use of Electronic Processes RGS requests your assistance with meeting these waste reduction goals by joining us in the use of digital signature and electronic payment methods during our collaboration to reduce mailing and paper expenses.
As a convenience, RGS offers DocuSign to digitally sign our Agreements, providing a secure and legally binding digital signature process that eliminates the need for printing and distribution of documents.
Preamble: The agreement for services described below is also an agreement to engage in a relationship between organizations -Agency partners. In order to establish a mutually respectful relationship as well as a productive one, RGS has adopted the following values and business methods.
Our Values
• Expert Services: RGS serves exclusively public sector agencies with its team of public- sector experts.
• Innovation: RGS encourages and develops innovative and sustainable services to help each Agency meet its challenges through new modes of service provision. • Customer Driven: RGS customizes solutions to achieve the right level and right kind of service at the right time for each Agency's unique organizational needs. • Perseverance: Sometimes the best solutions are not immediately apparent. RGS listens, works with you, and sticks with it until a good fit with your needs is found. • Open Source Sharing: RGS tracks emerging best practices and shares them, learning openly from each other's hard-won experience.
• Commitment: Government agencies are the public's only choice for many services. Public trust is earned and must be used wisely. And RGS will do its part. Each Agency should and will know how RGS sets its rates. RGS' pledge to you is that we will act with honesty, openness, and full transparency.
How RGS Does Business
When you work with RGS you can expect:
• RGS will strive to be explicit up front and put our understandings in writing. Before making assumptions, we hope to talk directly to prevent any misunderstandings. • Ongoing interaction throughout our relationship to ensure that your needs are being met, and that projects progress appropriately and agreed-upon timelines are met. • RGS is committed to honest interaction.
• When· RGS employees are on your site, we expect them to treat people respectfully and be treated respectfully. If problems arise, we want to communicate early, accurately, and thoroughly to ensure that we find mutually acceptable solutions. • As a public Agency, partnering is valued. We look out for each Agency's interests consistent with maintaining the public trust.
• To keep expectations realistic, it is important to understand that RGS is a governmental, joint powers authority evolving to meet changing local government needs. RGS has carefully constructed policies and procedures to allow maximum flexibility to meet your needs.
P.O. BOX 1350 I CARMEL VALLEY, CA 93924 I 650.587.7300 I WWW.RGS.CA.GOV B.8.a
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Agreement for Management and Administrative Services
This Agreement for Management Services ("Agreement") is made and entered into as of the 17th day of April 2023, by and between the CITY OF HOLLISTER a municipal agency ("Agency"), and Regional Government Services Authority (RGS), a joint powers authority, (each individually a "Party" and, collectively, the "Parties").
RECITALS
THIS AGREEMENT is entered into with reference to the following facts and circumstances:
A. That Agency desires to engage RGS to render certain services to it; B. That RGS is a management and administrative services provider and is qualified to provide such services to the Agency; and
C. That Agency has elected to engage the services of RGS upon the terms and conditions as hereinafter set forth.
TERMS AND CONDITIONS
Section 1. Services. The services to be performed by RGS under this Agreement shall include those services set forth in the attached Exhibits, which are incorporated by this reference herein and made a part hereof as though it were fully set forth herein.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in the Exhibits.
1.1 Standard of Performance. RGS shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the types of services that RGS agrees to provide in the geographical area in which RGS operates.
1.2 Service Advisor. To ensure quality and consistency for the services provided, RGS also assigns a service advisor to Agency. The service advisor is available to assigned RGS staff and to Agency management and will check in regularly with both to address program/project directives. Typically service advisor time is not billed to Agency, with some exceptions where significant programmatic direction is provided.
1.3 Reassignment of Personnel. Assignment of personnel to provide the services described in the Exhibits is at the sole discretion of RGS. In the event that Agency or RGS, at any time during the term of this Agreement, desires the reassignment of personnel, Agency and RGS shall meet and discuss in good faith to address the issue of concern, including but not limited to reassigning such person or persons. For the avoidance of doubt, however, RGS retains sole control as to assignment of its personnel.
1.4 Time. RGS shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance described above and to provide the services described in the Exhibits.
Agreement for Management and Admm1strat1ve Services [2122 Rev3} Between the CITY OF HOLLISTER and Regional Government Services Authority
April 17, 2023
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Section 2. Term of Agreement and Termination.
2.1 Services shall commence on or about April 17, 2023, and this Agreement is anticipated to remain in force to June 30, 2023, at which time services may continue on a month-to-month basis until one party terminates the Agreement or if Section 3 contains a "not to exceed" amount, until RGS charges for services reach the not-to-exceed amount at which point the Agreement will automatically terminate unless amended. Services provided under the month-to-month provision are subject to current RGS staff rates in effect at the time of service.
Once this Agreement has converted to a month-to month basis, it shall automatically terminate upon the ninety-first (91st ) continuous day with no billable service hours. After the ninety-first (91st) day with no billable service hours, RGS shall provide Agency with written notice of the automatic termination of the Agreement.
2.2 This Agreement may be terminated by either Party, with or without cause, upon 30 days' written notice. Agency has the sole discretion to determine if the services performed by RGS are satisfactory to the Agency which determination shall be made in good faith. If Agency determines that the services performed by RGS are not satisfactory, Agency may terminate this Agreement by giving written notice to RGS. Upon receipt of notice of termination by either Party, RGS shall cease performing duties on behalf of Agency on the termination date specified and the compensation payable to RGS shall include only the period for which services have been performed by RGS.
Section 3. Compensation. Payment for services under this Agreement shall not exceed $75,000 and shall be as provided in the Exhibits.
Section 4. Effective Date. This Agreement shall become effective on the date first herein above written.
Section 5. Relationship of Parties.
5.1 It is understood that the relationship of RGS to the Agency is that of an independent contractor and all persons working for or under the direction of RGS are its agents or employees and not agents or employees of Agency. The Agency and RGS shall, at all times, treat all persons working for or under the direction of RGS as agents and employees of RGS, and not as agents or employees of the Agency. Agency shall have the right to control RGS employees only insofar as the results of RGS' services rendered pursuant to this Agreement. In furtherance of this Section 5.1, the Parties agree as follows:
5.1.1 Agency shall not request from RGS or from an RGS employee providing services pursuant to this Agreement an RGS employee's Social Security Number or other similar personally identifying information.
5.1.2 Agency shall not report an RGS employee to a third party as an employee of Agency. For the purposes of this Section 5.1, "third party" means another government agency, private company, or individual.
Agreement for Management and Adm1mstrat1ve Services [2/22 Rev3] Between the CITY OF HOLLISTER and Regional Government Services Authority
April 17, 2023
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5.1.3 In the event that a third-party requests information about an RGS employee-including but not limited to personally identifying information, hours or locations worked, tasks performed, or compensation-Agency shall inform RGS of the request prior to responding. If Agency possesses such information about an RGS employee, the Parties shall confer in good faith about an appropriate and legally compliant response to the request.
5.2 RGS shall provide services under this Agreement through one or more employees of RGS qualified to perform services contracted for by Agency. The positions of RGS staff that will coordinate services to the Agency are indicated in the Exhibits. The Executive Director or assigned supervising RGS staff will consult with Agency on an as-needed basis to assure that the services to be performed are meeting Agency's objectives. At any time the RGS employee may be providing services to one or more RGS clients concurrent with the services being provided under this Agreement.
5.3 Agency shall not have the ability to direct how services are to be performed, specify the location where services are to be performed, or establish set hours or days for performance of services, except as set forth in the Exhibits. Agency confirms that RGS employees are not assuming and are not expected to assume any Agency staff position(s).
5.4 RGS employees may require access to Agency's computer systems and networks to complete the assigned services. RGS requires its employees to agree to appropriate system usage policies, which include a pledge not to use partner agency electronic equipment for anything other than partner agency work. (These policies can be provided to Agency upon request.)
5.5 Agency shall not have any right to discharge any employee of RGS from RGS employment.
5.6 RGS shall, at its sole expense, supply for its employees providing services to Agency pursuant to this Agreement any and all benefits, such as worker's compensation, disability insurance, vacation pay, sick pay, or retirement benefits; obtain and maintain all licenses and permits usual or necessary for performing the services; pay any and all taxes incurred as a result of the employee(s) compensation, including employment or other taxes; and provide Agency with proof of payment of taxes on demand.
Section 6. General Liability Coverage. RGS, pursuant to California Government Code Section 990, may satisfy its contractual liabilities with self-insurance and/or participate in a pooled risk purchasing program. RGS has and will continue to maintain a program of liability coverage against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by RGS and its agents, representatives, employees, and subcontractors.
6.1 Workers' Compensation Coverage.
6.1.1 General requirements. RGS shall, at its sole cost and expense, maintain Workers' Compensation coverage and Employer's Liability coverage with limits of not less than $1,000,000.00 per occurrence.
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6.1.2 Waiver of subrogation. The Workers' Compensation coverage shall be endorsed with or include a waiver of subrogation in favor of Agency for all work performed by RGS, its employees, agents, and subcontractors.
6.2 Commercial General, Automobile, and Professional Liability Coverages.
6.2.1 General requirements. RGS, at its own cost and expense, shall maintain commercial general and automobile liability coverage for the term of this Agreement in an amount not less than $2,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. RGS shall additionally maintain commercial general liability coverage in an amount not less than $2,000,000 aggregated for bodily injury, personal injury, and property damage.
6.2.2 Minimum scope of coverage. RGS coverage may not be written on ISO forms but will always provide coverage at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); and (B) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 001, code 1 (any auto).
6.3 Professional Liability Insurance. RGS, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability coverage for licensed professionals performing work pursuant to this Agreement in an amount not less than $2,000,000 covering the licensed professionals' errors and o m1ss10 ns.
6.4 All Policies Requirements.
6.4.1 Coverage requirements. Each of the following shall be included in the coverage or added as an endorsement:
a. Agency and its officers, employees, and agents, shall be covered as additional covered parties with respect to RGS' general commercial, and automobile coverage for claims, demands, and causes of action arising out of or relating to RGS' performance of this Agreement and to the extent caused by RGS' negligent act, error, or omission. b. An endorsement to RGS' general commercial and automobile coverages must state that coverage is primary with respect to Agency and its officers, officials, employees and agents. c. All coverages shall be on an occurrence or an accident basis, and not on a claims-made basis.
6.4.2 Acceptability of coverage providers. All coverages required by this section shall be acquired through providers with a Bests' rating of no less than A: VII or through sources that provide an equivalent level of reliability.
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6.4.3 Verification of coverage. Prior to beginning any work under this Agreement, RGS shall furnish Agency with notifications of coverage and with original endorsements effecting coverage required herein. The notifications and endorsements are to be signed by a person authorized to bind coverage on its behalf. Agency reserves the right to require complete, certified copies coverage at any time.
6.4.4 Subcontractors. RGS shall include all subcontractors as insureds under its coverage or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
6.4.5 Variation. During the term of this Agreement, RGS may change the insurance program in which it participates. RGS will provide reasonable notice of any such change to Agency and replacement copies of Certificates of Coverage and endorsements.
6.4.6 Deductibles and Self-Insured Retentions. RGS shall disclose any self-insured retention if Agency so requests prior to performing services under this Agreement or within a reasonable period of time of a request by Agency during the term of this Agreement.
6.4. 7 Maintenance of Coverages. The coverages stated herein shall be maintained throughout the term of this Agreement and proof of coverage shall be available for inspection by Agency upon request.
6.4.8 Notice of Cancellation or Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, RGS shall provide written notice to Agency at RGS earliest possible opportunity and in no case later than five business days after RGS is notified of the change in coverage.
Section 7. Legal Requirements.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. RGS and any subcontractors shall comply with all laws applicable to the performance of the work hereunder.
7.3 Reporting Requirements. If there is a statutory or other legal requirement for RGS to report information to another government entity, RGS shall be responsible for complying with such requirements.
7 .4 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, RGS and any subcontractors shall comply with all applicable rules and regulations to which Agency is bound by the terms of such fiscal assistance program. 7 .5 Licenses and Permits. RGS represents and warrants to Agency that RGS and its employees, agents, and any subcontractors have all licenses, permits, Agreement for Management and Adnim1strat1ve Services [2122 Rev3 J Between the CITY OF HOLLISTER and Regional Government Services Authority
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qualifications, and approvals of whatsoever nature that are legally required to provide the services contemplated by this Agreement. RGS represents and warrants to Agency that RGS and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions.
7 .6 Nondiscrimination and Equal Opportunity. RGS shall not discriminate on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided under this Agreement. RGS shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement.
Section 8. Keeping and Status of Records.
8.1 Records Created as Part of RGS' Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that RGS prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of Agency. RGS hereby agrees to deliver those documents to Agency upon termination of the Agreement, if requested. It is understood and agreed that the documents and other materials, including but not. limited to those described above, prepared pursuant to this Agreement are prepared specifically for Agency and are not necessarily suitable for any future or other use.
8.2 Confidential Information. RGS shall hold any confidential information received from Agency in the course of performing this Agreement in trust and confidence and will not reveal such confidential information to any person or entity, either during the term of the Agreement or at any time thereafter. Upon expiration of this Agreement, or termination as provided herein, RGS shall return materials which contain any confidential information to Agency. For purposes of this paragraph, confidential information is defined as all information disclosed to RGS which relates to Agency past, present, and future activities, as well as activities under this Agreement, which information is not otherwise of public record under California law. Agency shall notify RGS what information and documents are confidential and thus subject to this section 8.2.
8.3 RGS Books and Records. RGS 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 Agency under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment under this Agreement.
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8.4 Inspection and Audit of Records. Any records or documents that Section
8.3 of this Agreement requires RGS to maintain shall be made available for inspection, audit, and/ or copying at any time during regular business hours, upon oral or written request of Agency. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of Agency or as part of any audit of Agency, for a period of three years after final payment under the Agreement.
Section 9. Non-assignment. This Agreement is not assignable either in whole or in part without the written consent of the other party.
Section 10. Amendments. This Agreement may be amended or modified only by written Agreement signed by both Parties.
Section 11. Validity. The invalidity, in whole or in part, of any provisions of this Agreement shall not void or affect the validity of any other provisions of this Agreement.
Section 12. Disputes. Should any dispute arise out of this Agreement, Agency agrees that it shall only file a legal action against RGS, and shall not file any legal action against any of the public entities that are members of RGS.
Section 13. Venue/Attorneys' Fees. Any suit or action initiated by either party shall be brought in Alameda County, California. In the event of litigation between the Parties hereto to enforce any provision of the Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs of litigation.
Section 14. Mediation. Should any dispute arise out of this Agreement, the Parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither Party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the Parties. If a mediated settlement is reached, neither Party shall be deemed the prevailing party for purposes of the settlement and each Party shall bear its own legal costs.
Section 15. Employment Offers to RGS Staff. Should Agency desire to offer permanent or temporary employment to an RGS employee who is either currently providing RGS services to Agency or has provided RGS services to Agency within the previous six months, said Agency will be charged a fee equal to the full-time cost of the RGS employee for one month, using the most recent RGS bill rate for the RGS employee's services to Agency. This fee is to recover RGS' expenses in recruiting the former and replacement RGS staff.
Section 16. Entire Agreement. This Agreement, including the Exhibits, comprises the entire Agreement.
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Section 17. Indemnification.
17 .1 RGS' indemnity obligations.
RGS shall indemnify, defend, and hold harmless Agency and its legislative body, boards and commissions, officers, and employees ("Indemnitees") from and against all claims, demands, and causes of action by third parties, including but not limited to attorneys' fees, arising out of RGS' performance of this Agreement, to the extent caused by RGS' negligent act, error, or omission. Nothing herein shall be interpreted as obligating RGS to indemnify Agency against its own negligence or willful misconduct.
Training disclaimer
Agency understands and acknowledges that RGS advisors may, as part of the scope of services under this Agreement, provide training on various matters including human resources, accounting, or management practices. The advice and guidance included in such training does not, and is not intended to, constitute legal advice; instead, all information, content, and materials provided are based on industry best practices, but may not be applicable in all situations. Agency staff should not act or refrain from acting on the basis of the information provided as part of a training without first seeking legal advice from counsel in its relevant jurisdiction and/ or appropriate Agency approval. RGS' obligation to indemnify, defend, and hold harmless indemnities pursuant to this section 17.1 for professional errors and omissions shall not exceed $500,000.
17.2 Agency's indemnity obligations. Agency shall indemnify, defend and hold harmless RGS and its officers, directors, employees and agents from any and all claims and lawsuits where such persons are named in the lawsuit solely because of a duty any of them performs in accordance with the services outlined in Exhibit B.
It is the intent of the parties here to define indemnity obligations that are related to or arise out of Agency's actions as a governmental entity. Thus, Agency shall be required to indemnify and defend only under circumstances where a cause of action is stated against RGS, its employees or agents:
a. which is unrelated to the skill they have used in the performance of the duties delegated to them under this Agreement;
b. when the allegations in such cause of action do not suggest the active fraud or other misconduct of RGS, its employees, or agents; or
c. where an Agency employee, if he had been acting in a like capacity, otherwise would be acting within the scope of that employment.
Whenever Agency owes a duty hereunder to indemnify RGS, its employees or agents, Agency further agrees to pay RGS a reasonable fee for all time spent by any RGS employee, or spent by any person who has performed work pursuant to this Agreement, for the purpose of preparing for or testifying in any suit, action, or legal proceeding in connection with the services the assigned employee has provided under this Agreement.
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17.3 Obligations and indemnity related to defined benefit retirement plan participation.
a. RGS and Agency acknowledge and agree that, if Agency participates in a defined benefit plan (such as CalPERS, a pension plan, or Social Security) ("Retirement Program"), it is possible that the Retirement Program may find that RGS employees providing services pursuant to this Agreement are employees of Agency and should be registered with the Retirement Program as employees of Agency, which possibility is the same as if Agency were contracting with a private consulting firm. Pursuant to Section 5.1 of this Agreement, Agency has an obligation to treat all persons working for or under the direction of RGS as agents and employees of RGS, and not as agents or employees of Agency. Agency agrees not to ask RGS employees for personally identifying information.
b. In the event that the Agency's Retirement Program initiates an inquiry that includes examination of whether individuals providing services under this Agreement to Agency are Agency's employees, Agency shall inform RGS within five business days and share all communications and documents from the Retirement Program that it may legally share. In the event that either RGS or Agency files an appeal or court challenge, RGS and Agency each agree to cooperate with each other in responding to the inquiry and any subsequent administrative appeal or court challenge of an adverse determination. Notwithstanding Section 17.1 of this Agreement, RGS and Agency shall each bear their own costs in responding to an inquiry by a Retirement Program, including but not limited to costs of an administrative appeal or court challenge.
c. In the event that any RGS employee or subconsultant providing services under this Agreement is determined by a court of competent jurisdiction or the Agency's Retirement Program to be eligible for enrollment in the Retirement Program as an employee of the Agency, to the fullest extent of the law, Agency shall indemnify, defend, and hold harmless RGS for any Retirement Program contribution payment that Agency is required as a result to make to the Retirement Program as well as for the payment of any penalties and interest on such payments, if any.
Section 18. Notices. All notices required by this Agreement shall be given to Agency and RGS in writing, by first class mail, postage prepaid, or by email transmission addressed as follows:
Agency:
RGS:
City of Hollister
Hollister City Hall
375 5th Street
Hollister, CA 95023
Regional Government Services Authority
P. 0. Box 1350
Carmel Valley, CA 93924
Email: [email protected]
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Notice by email transmission shall be deemed given upon verification of receipt if received before 5:oop.m. on a regular business day or else on the next business day.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the date first written by their respective officers duly authorized on their behalf.
DATED: ____ _ Agency
By: _______________ _
David Mirrione, Interim City Manager
DATED: ____ _ Regional Government Services Authority
By: _______________ _
Richard H. Averett, Executive Director
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Exhibit A
Compensation.
1. Fees. Agency agrees to pay to RGS the hourly rates set forth in the tables below for each RGS employee providing services to Agency, which are based in part on RGS' full cost of compensation and support for the RGS employee(s) providing the services herein described.
RGS and Agency acknowledge and agree that compensation paid by Agency to RGS under this Agreement is based upon RGS' costs of providing the services required hereunder. The Parties further agree adjustments to the hourly bill rate shown below for "RGS Staff" will be made on July 1 of each year, when RGS' hourly bill rates will be adjusted by the percentage change in the Consumer Price Index (Bureau of Labor Statistics, CPI for urban wage earners and clerical workers in the San Francisco-Oakland-San Jose area) ("CPI") for the twelve months through the end of December of the prior year. Irrespective of the movement of the CPI, RGS will not adjust its hourly rates downward; nor will RGS adjust its hourly rates upward in excess of a five percentage (5%) change, excepting instances where there was no increase in the prior year's hourly rates. In that event, RGS will adjust its hourly rates by the full percentage change in the CPI for the twelve months through the end of December of the prior year.
2. Reimbursement of RGS' Direct Costs. Agency shall reimburse RGS for direct external costs. Direct external costs, including such expenses as travel or other costs incurred for the exclusive benefit of the Agency are not included in the hourly bill rate and, will be invoiced to Agency when received and without mark-up. These external costs will be due upon receipt.
3. Terms of Payment. RGS shall submit invoices monthly for the prior month's services.
Invoices shall be sent approximately 10 days after the end of the month for which services were performed and are due and shall be delinquent if not paid within 30 days of receipt.
Delinquent payments will be subject to a late payment carrying charge computed at a periodic rate of one-half of one percent per month, which is an annual percentage rate of six percent, which will be applied to any unpaid balance owed commencing 7 days after the payment due date. Additionally, in the event the Agency fails to pay any undisputed amounts due to RGS within 15 days after payment due date, then Agency agrees that RGS shall have the right to consider said default a total breach of this Agreement and the duties of RGS under this Agreement may be terminated by RGS upon 5 working days' advance written notice.
Payment Process/Address. RGS prefers invoices he paid electronically.
RGS will reach out to your invoicing contact to establish and provide electronic payment instructions.
However, should you have questions or need other payment options, please contact:
Lindsay Rice, RGSA Accounting Manager
(650) 587-7300X12 I=..:::..:::~~::..::::=-.:..~
[EXHIBIT A CONTINUES ON FOLLOWING PAGE]
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AGENCY CONTACTS
Agency Billing Contact. Invoices are sent electronically only. Please provide the contact person to whom invoices should be sent:
Casey Estorga, Administrative Services Director [email protected] Agency Insurance Contact. Please provide the contact person to whom the certificate of coverage should be sent:
RGSSTAFF
$140 to $230
fficer $135 to $205
r $130 to $200
Advisor $120 to $170
Pro·ectAdvisor $110 to $130
Pro·ect Coordinator $90 to $125
Technical S ecialist $80 to $120
*The Hourly Rate does not include direct external costs which will be invoiced to Agency with no markup and will fall outside of the not-to-exceed (if established) for services provided.
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Exhibit B
Scope of Services. Subject to the terms and conditions of this Agreement, Regional Government Services Authority (RGS) shall assign RGS employee(s) to serve as Advisor(s) to the Agency, which may require performing any or all the functions described below on an outsourced basis. RGS services are not duplicated by District employees and are not intended to be performed by City employees but are wholly outsourced to RGS. This work may be done onsite or remotely.
These outsourced services may be with any RGS service line, including but not limited to:
i. Finance
a. Provision of Policy and Procedures including but not limited to Debt, GASB 87 Compliance, Purchasing Policies and Procedures
b. Audit Project management
c. Budget Development Springbrook Budget module
d. Billing Procedures, best practices, utilization of Tyler In Code Billing modules
ii. Human Resources -Consultation and Facilitation of Human Resources a. Job Classifications reviews
iii. NEOGOV Implementation
a. Workflow and procedural recommendations
b. Insight Modules and others as requested.
c. End user training as required for successful implementation of the above
1v. Special Projects in the City Manager's Office that may include the following:
a. Economic Development
b. Community Development
c. Capital Projects
d. Staff Development/Training
e. Public Relations
f. Other Special Project as requested.
RGS Finance advisors will meet as often as necessary for the purpose of consulting about the Agency's needs and issues, and per the scope of work performed.
Projects and activities may be modified on request of the Agency. Agency will only be invoiced for bctual hours worked.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 31, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-58, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER TO ACCEPT THE AMENDED CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT WITH N. RAMIREZ LANDSCAPE AND CONSTRUCTION TO
INCLUDE ADDITIONAL LANDSCAPING MAINTENANCE SERVICES
BRIEF DESCRIPTION: This resolution will approve the amended contract for a professional maintenance agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services in the City of Hollister downtown parking lots, City yard, and Animal Control Services.
RECOMMENDATION: Adopt a resolution approving the amended professional services agreement with N. Ramirez Landscape and Construction to include additional landscaping maintenance services in the City of Hollister downtown parking lots, City yard, and Animal Control Services, and add $737.00 per month ($8,844.00 annually) to the contract for a total annual contract amount not to exceed $52,104.00.
DEPARTMENT SUMMARY: On November 15, 2021, the City Council of the City of Hollister authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement. On February 7, 2022, and May 16, 2022, the City Council of the City of Hollister approved additional maintenance work that included the areas of the city that need to be maintained. On November 7, 2022, the City Council of the City of Hollister awarded new locations to N. Ramirez Landscape and Construction of Hollister, CA.
In efforts to continue to beautify Downtown Hollister and areas throughout the City of Hollister, staff has recommended including the City’s downtown parking lots, City yard, and Animal Shelter. Funding for these services has been included in the FY 2022-23 Adopted Budget and will also be included in the FY 2023-24 Recommended Budget.
Staff recommends that the following areas be added to the professional services agreement with N. Ramirez Landscape and Construction:
City Yard and Animal Control $437.00 per month
7th Street Parking Lot $300.00 per month
FINANCIAL IMPACT: Additional monthly expenditure is $737.00 for a yearly added total of $8,844.00.
The new monthly total is $4,342.00, and the annual calculation is $52,104.00.
Funds budgeted from the following account:
City Facilities
101-8050-730000
CEQA: N/A
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ATTACHMENTS:
1. 2023-04-17 Exhibit B N.Ramirez
2. 2023-04-17 Exhibit D N Ramirez
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE AMENDED CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT WITH N. RAMIREZ
LANDSCAPE AND CONSTRUCTION TO INCLUDE ADDITIONAL LANDSCAPING
MAINTENANCE SERVICES
WHEREAS, on November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and
WHEREAS, on February 7, 2022, the City Council of the City of Hollister awarded a contract to two landscaping firms for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and
WHEREAS, on November 7, 2022, the City Council of the City of Hollister awarded N.Ramirez Landscape and Construction currently maintain the following areas:
Parks
Dunne Park and two softball fields
Additional Sound Wall Zones
Westside Blvd.
Sundance Drive
Leatherback Basin & Park Street
Additional Ponds
El Cerro Pond
WHEREAS, staff recommends the City Council of the City of Hollister amend the professional maintenance agreement with N. Ramirez Landscape and Construction to include City Parking lots, city yard, and Animal Shelter;
Parking Lot Monthly Cost
City Yard & Animal Control $ 437.00
7th Street $ 300.00
WHEREAS, services will begin on April 18, 2023, and expire on February 29, 2024.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister accept the contract with N. Ramirez Landscaping and Construction of Hollister, CA, to include the monthly expenditure of $4,342.00 for an annual cost of $52,104.00.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the amended contract with N. Ramirez Landscaping and Construction.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
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APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-58, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 17th day of April, 2023, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this City Council day of April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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EXHIBIT "B"
COMPENSATION
The city shall pay Contractor an amount comprised of the following:
Item
No.PARK-performed weekly Monthly Cost
Dunne Park & Softball Field 1,350.00$
TOTAL 1,350.00$
Ponds/Basins-performed monthly Monthly Cost
16 El Cerro Pond 150.00$
C.31 Leatherback Basin & Park St.1,100.00$
TOTAL 1,250.00$
CITY FACILITIES-performed
monthly Monthly Cost
City Yard & Animal Control $437.00
7th Street Parking Lot $300.00
TOTAL $737.00
ZONE
SoundWall Zones-performed
monthly Monthly Cost
C.21 Westside Blvd 820.00$
C.30 Sundance Drive 185.00$
TOTAL 1,005.00$
MONTHLY TOTAL 4,342.00$
ANNUAL TOTAL 52,104.00$
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Exhibit “D”
Additional Contractor Service No. 2
SCOPE OF CONTRACTOR SERVICES-ADDITIONAL; COMPLETION SCHEDULE
AREA MONTHLY COST
City Yard and Animal Services $437.00
7th St. Parking Lot $300.00
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 29, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-59, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER TO ACCEPT THE AMENDED CONTRACT FOR PROFESSIONAL
SERVICES AGREEMENT WITH SMITH & ENRIGHT LANDSCAPING TO INCLUDE ADDITIONAL LANDSCAPING MAINTENANCE SERVICES.
BRIEF DESCRIPTION: This resolution will approve the amended contract for a professional maintenance agreement with Smith & Enright Landscaping to include additional landscaping maintenance services in the City of Hollister downtown parking lots.
RECOMMENDATION: Adopt a resolution approving the amended professional services agreement with Smith & Enright Landscaping to include additional landscaping maintenance services in the City of Hollister downtown parking lots, and add $785.00 per month ($9,420.00 annually) to the contract for a total annual contract amount not to exceed $336,213.00.
DEPARTMENT SUMMARY: On November 15, 2021, the City Council of the City of Hollister authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement. On February 7, 2022, the City Council of the City of Hollister awarded a contract to Smith & Enright Landscaping of Salinas, CA. Then again, on May 16, 2022, staff requested additional areas be included in the Maintenance Service Agreement. Again on November 7, 2022, the City Council of the City of Hollister awarded new locations.
In efforts to continue to beautify Downtown Hollister and areas throughout the City of Hollister, staff has recommended including the City’s downtown parking lots, City yard, and Animal Shelter. Funding for these services has been included in the FY 2022-23 Adopted Budget and will also be included in the FY 2023-24 Recommended Budget.
Staff recommends that the following areas be added to the professional services agreement with Smith & Enright Landscaping:
3rd Street Parking Lot $295.00 per month
4th Street Parking Lot $195.00 per month
6th Street Parking Lot $295.00 per month
FINANCIAL IMPACT: Additional Monthly expenditure is $785.00 for a monthly total of $9,420.00.
The monthly total is $28,837.75, and the annual calculation is $346,053.00.
Funds budgeted from the following account: 101-8050-730000 (City Facilities)
CEQA: N/A
ATTACHMENTS:
1. 2023-04-17 Exhibit D
2. 2023-04-17 Exhibit B-Smith Enright
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THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO ACCEPT THE
AMENDED CONTRACT FOR PROFESSIONAL SERVICES AGREEMENT WITH SMITH &
ENRIGHT LANDSCAPING TO INCLUDE ADDITIONAL LANDSCAPING MAINTENANCE SERVICES.
WHEREAS, On November 15, 2021, the City Council authorized staff to call for sealed bids for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and
WHEREAS, on February 7, 2022, the City Council of the City of Hollister awarded a contract to Smith & Enright Landscaping for a Parks, Landscape, and Sound Wall Maintenance Service Agreement; and
WHEREAS, on May 16, 2022, the City Council of the City of Hollister amended the contract with Smith & Enright Landscaping to include city retention ponds and additional sound wall and park areas; and
WHEREAS, Smith & Enright Landscaping currently maintains the following parks, facilities, and sound wall zones; and
City Facilities
Hollister Community Center
Ponds and Basins
Bridgevale Rd/Central Ave
Homestead/Saddlebrook-Cienega
Ladd Ranch
Mirabella Pond
Allendale Basin
Parks Sound Wall Zones
Apricot Park Airline
Frank Klauer Memorial Park Airline and Sunset Drive Veterans Memorial Park two fields Allendale
Jerry Gabe Memorial Bark Park Heartland Drive
Mirabella Park San Benito St/Heartland
Vista Park Hill w/one softball field Hillcrest Rd
Water Reclamation Recreation Facility Ladd Ranch
Westfield Park Ladd/Southside
River Park Trail Meridian Street
Solorio I Rustic Street
Solorio II Santa Ana Road
Frank Klauer Memorial Park additional area Westside and Buena Vista Santa Ana area Sunnyslope Rd
Santa Ana Village addition Union Road
Valley View Park Extension North of Airline & Sunset Dr Allendale other areas and planter
strips
Slate Avenue
Keiper-Westfield
Chappell Rd
Orchard Park-Rosales Lane 2
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WHEREAS, staff recommends the City Council of the City of Hollister amend the professional maintenance agreement with Smith & Enright Landscaping to include City Parking lots in the following areas:
Parking Lot Monthly Cost
3rd Street $ 295.00
4th Street $ 195.00
6th Street $ 295.00
WHEREAS, services will begin on April 18, 2023, and expire on February 29, 2024.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister amend the contract with Smith and Enright Landscaping, Salinas, CA, to include the additional services for the monthly amount of $28,837.75 and the annual amount of $346,053.00.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister authorizes the amended contract with Smith & Enright Landscaping.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-59, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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Exhibit “D”
Additional Contractor Service No. 4
SCOPE OF CONTRACTOR SERVICES-ADDITIONAL; COMPLETION SCHEDULE
AREA MONTHLY COST
3rd St Parking Lot $295.00
4th St. Parking Lot $195.00
6th St. Parking Lot $295.00
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EXHIBIT "B"
COMPENSATION
The city shall pay Contractor an amount comprised of the following:
Item No.PARK-performed weekly Monthly Cost
A.2 Apricot Park 1,050.00$
A.4 Frank Klauer Memorial Park 1,470.00$
A.4
Frank Klauer Memorial Park-
additional area 220.00$
A.5 Hollister Skate Park 175.00$
A.6
Veterans Memorial Park w/ two (2)
softball fields 770.00$
A.7 Jerry Gabe Memorial "Bark Park"490.00$
A.8 John Z. Hernandez Memorial Park 227.50$
A.10 McCarthy Street Park 875.00$
A.11
Mirabella Orchard Park(Haceinda
Lane)175.00$
A.13 Santa Ana Park 1,400.00$
A.13 Santa Ana Park-additional area 310.00$
A.14 Tony Aguirre Memorial Park 595.00$
A.16
Vista Park Hill w/ one (1) softball
field 1,050.00$
A.17
Water Reclamation Recreation
Facility (Brigantino Park)1,750.00$
A.18 Mirabella II Westfield Park 1,050.00$
A.19 Solorio Park I 280.00$
A.20 Solorio Park II 210.00$
A.21 River Trail Park 245.00$
A.22 Valley View Park Extension 520.00$
TOTAL 12,862.50$
CITY FACILITIES-performed bi-
monthly Monthly Cost
3rd Street Parking Lot $295.00
4th Street Parking Lot $195.00
6th Street Parking Lot $295.00
Hollister Community Center $420.00
TOTAL $1,205.00
Ponds/Basins-performed monthly Monthly Cost
2 Bridgevale Rd./Central Ave 270.00$
7 Homestead/Saddlebrook-Cienega 550.00$
8 Ladd Ranch 795.00$
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9 Mirabella Pond 310.00$
Allendale Basin Area 3 820.00$
TOTAL 2,745.00$
ZONE
SoundWall Zones-performed
monthly Monthly Cost
C.1 Airline 770.00$
C.2 Airline and Sunset Drive 315.00$
C.2 Additional area North of Airline 170.00$
C.3 Allendale Community 1,505.00$
C.3 Allendale -ADDITIONAL AREAS 850.00$
C.6 Heartland Drive 105.00$
C.7 San Benito St/Heartland 105.00$
C.8 Hillcrest Rd 350.00$
C.9 Ladd Ranch 250.25$
C.10 Ladd/Southside 770.00$
C.11 Meridian Street 350.00$
C.12 Rustic Street 70.00$
C.14 Santa Ana Road 105.00$
C.15 Santa Ana Villages 35.00$
C.16 Sunnyslope Road 490.00$
C.17 Sunnyslope Village 1,505.00$
C.19 Union Road (Cesar Chavez)1,540.00$
C.20 Westside and Buena Vista 70.00$
C.22 West of Fairview 1,115.00$
C.27 Cerrato 1,035.00$
Slate Avenue 80.00$
Keiper-Westfield 240.00$
Chappell Rd 120.00$
Orchard Park-Rosales Ln 2 80.00$
TOTAL 12,025.25$
MONTHLY TOTAL 28,837.75$
ANNUAL TOTAL 346,053.00$
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: February 23, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Community Services
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-60, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER TO SURPLUS CERTAIN IDENTIFIED VEHICLES AND EQUIPMENT, AS LISTED IN EXHIBIT [A], AND AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMO OF UNDERSTANDING WITH GOVDEALS, INC. FOR THE PURPOSE OF DISPOSING SAID SURPLUS THROUGH ONLINE AUCTION.
BRIEF DESCRIPTION: This resolution will declare identified City owned vehicles and equipment, as listed in Exhibit A to the resolution, as surplus, and authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of said surplus through an online auction. There are no upfront costs associated with this agreement.
RECOMMENDATION: Declare equipment and vehicles listed in Exhibit A as surplus, and authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of said surplus through an online auction.
DEPARTMENT SUMMARY: Certain vehicles and equipment have been identified by City departments as having lived past their useful life due to high mileage, or high repair and maintenance costs. As such, these must first be designated by the City Council as surplus prior to disposal. Once being designated as surplus, the City may dispose of them in any way for the common benefit.
In 2015 after extensive staff evaluation, and recommendation from the City of Salinas, CA, GovDeals Inc. was selected as the most cost effective choice in disposing of designated surplus.
The City was provided an online auction website to list surplus vehicles and equipment for local, state, and international bidders. Winning bidders then schedule their pick up times with staff. There is no upfront cost to using this service (buyers pay a 12.5% buyers fee). The success and low cost of this previous process has again prompted staff to recommend utilizing GovDeals, Inc. to dispose of current City surplus. A previous Memorandum of Understanding that was executed with GovDeals, Inc. has expired (Resolution No. 2017-21) therefore a newly executed Memorandum of Understanding is required.
Staff recommends that the vehicles and equipment identified in Exhibit A to the resolution, which have been approved by all City departments, be designated as surplus; and that Council authorize the City Manager to execute a Memorandum of Understanding with GovDeals, Inc. to dispose of the declared surplus through online auctions.
FINANCIAL IMPACT: The proceeds from the sale of the surplus vehicles and equipment shall be deposited into the general fund.
CEQA: Categorically Exempt
ATTACHMENTS:
1. Vehicle Surplus Exhibit [A] - 2023
2. GovDeals MOU
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RESOLUTION NO. 2023-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO SURPLUS CERTAIN IDENTIFIED VEHICLES AND EQUIPMENT, AS LISTED IN EXHIBIT [A], AND
AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMO OF UNDERSTANDING WITH GOVDEALS, INC. FOR THE PURPOSE OF DISPOSING SAID SURPLUS THROUGH ONLINE AUCTION.
WHEREAS, the City of Hollister owns certain vehicles and equipment (“Property”) as listed in Exhibit A, which have outlived their useful life and are no longer needed by the City; and
WHEREAS, in order to dispose of the Property it must first be declared as surplus; and
WHEREAS, per Cal. Gov't. Code §37350, “A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit”; and
WHEREAS, a previous memorandum of understanding has expired and a new one must be executed before disposing of the surplus through online auction company GovDeals, Inc.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister declares the Property listed in the attached Exhibit A be declared surplus and that the City Manager be authorized to execute a memorandum of understanding with GovDeals, Inc. for the purpose of disposing the surplus through online auctions.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-60, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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SURPLUS VEHICLE/EQUIPMENT LIST EXHIBIT [A] CITY OF HOLLISTER
Dept. Number Year Make or Description Model License Vin Comments 2025 2025-6 2002 FORD F250 1144509 1FTNF20S12EA83266 Non-operable 2205 22059211 2003 SPARTAN KME 1155677 4S7AT2C983C045562 Non-operable 2500 2500-54 2001 HONDA ACCORD 4SAE601 1HGCG16421A059959 Non-operable 2500 2500-89 2011 FORD CROWN VICTORIA 1363494 2FABP7BV4BX162925 Non-operable 4000 4000-1 2000 FORD RANGER 1013760 1FTYR14V9YPA88876 Non-operable 4010 4010-1 2000 FORD FOCUS 1013766 1FAFP34P9YW224364 Non-operable 4995 20009 2000 GMC 2500 1013782 1GDGC24R8YR222153 Non-operable 5005 10107 2001 FORD WINDSTAR 1050418 2FMZA50431BB49468 Non-operable 5005 20029 2000 GMC SL2500 UTILITY 1076545 1GDGC24R6YR222202 Non-operable 5010 20003 2000 GMC S3500 1076544 1GDGC34R3YR222244 Non-operable 5010 20305 2003 FORD F150 1144650 2FTRX17WX3CA04413 Non-operable 5035 20136 2001 FORD EXPEDITION 1088599 1FMPU16L71LB80194 Non-operable 5035 5035-22 1990 INGERSOL RAND AIR COMPRESSOR 182189U90178 Non-operable 7000 20125 2001 FORD F150XL TRITON 1057604 1FTRX17W31KA51808 Non-operable 7000 20306 2003 GMC S2500 1144733 1GDHC24U43E236544 Non-operable 7000 20333 2003 FORD F150 1144720 2FTRF17L03CA52852 Non-operable 8000 19806 1998 FORD RANGER 1005179 1FTYR10C4WUB04484 Non-operable 8000 20020 2000 GMC 2500 1066540 1GTEK14V2YE326974 Non-operable 8000 2205-1 1996 CHEVY TAHOE 0341721 1GNEK13R3TJ364970 Non-operable All N/A N/A Various Office Equipment and Materials N/A N/A N/A Damaged/Old
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GovDeals Memo of Understanding – V13 9.21.2022 1
Liquidity Services Operations LLC dba
GovDeals
Online Auction Memo of Understanding
This Online Auction Memo of Understanding (MOU) is between Liquidity Services Operations LLC dba GovDeals, Inc. (“GovDeals”), a Delaware corporation having its principal place of business at 100 Capitol Commerce Boulevard - Suite 110 - Montgomery, Alabama, 36117 and the City of Hollister (“Client”), having its principal place of business 1291 South Street – Hollister, California 95023.
1.0 Description of Services:GovDeals provides a means for Client to post assets for sale and for potential buyers to bid on these assets via an online auction system. Although GovDeals provides system access for Client to list assets, GovDeals is not a party to the actual sale and has no control over the listed information or the ability of the buyer and Client to complete the transaction.
2.0 GovDeals’ Responsibilities:In addition to maintaining and operating an online auction system, GovDeals will provide Client with the following services for the period agreed to in 5.0 below:
2.1 Access to a GovDeals online “Seller Asset Management” (SAM), which will allow Client to load assets to the online auction system, maintain information about assets and view and run reports. The SAM will provide Client with the following capabilities:
Accept descriptive information concerning an asset including unlimited photos Allow different auction phases based upon dates and times Allow Client to set minimum starting prices, bid increments and reserves
2.2 Training and support services to assist Client in implementing the GovDeals online auction system, which will include:
Familiarization with the nature and operation of SAM
Guidance in the posting of assets and provide ongoing support Procedures for taking and posting pictures of assets
Based on mutual agreement between GovDeals and Client, training and support services will be provided on-site or via telephone or Internet
2.3 Help Desk support available via telephone or email during normal business hours, except announced holidays.
2.4 Provide marketing of assets posted to the online auction site and promote use of the site to potential buyers.
Work with Client to identify items that may benefit from marketing attention.
Provide documented proof of all marketing efforts made on behalf of Client.
Assist in determining values and starting prices for unique and high value assets.
3.0 Fees: The Client pays 0% and the winning bidder pays a 12.50% Buyers Premium.
4.0 Payment:
4.1 GovDeals will collect auction proceeds electronically via PayPal, credit card or wire transfer please review and complete Exhibit A.
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4.2 Client shall promptly, but no more than fifteen (15) business days after the auction end date, notify GovDeals of any transaction that was not completed. The fees for said transaction shall be credited to Client during the next invoice period.
5.0 Term of MOU:This MOU shall commence on the date it is signed by the second party and will continue for a period of twelve months unless otherwise terminated upon sixty days written notice by either party. This MOU shall automatically extend for additional one-year periods, unless either party notifies the other in writing of its intent not to renew at least sixty days prior to the anniversary date.
6.0 Terms and Conditions: Please find Exhibit B attached as an example of suggested Client Terms and Conditions. At any time during the term of this MOU, Client may modify the Terms and Conditions. Any substitutions or modification must be submitted to GovDeals in writing before posting assets to the GovDeals auction site.
7.0 Governance:This MOU will be governed, interpreted, construed and enforced in accordance with the laws of the State of California.
8.0 Non-Exclusive Engagement: This MOU is not exclusive. Client may utilize other approaches, including traditional auctioneer services or sealed bids. However, it is understood and agreed that Client will not utilize other disposal approaches for an asset at the same time the asset is listed on the GovDeals online auction site or sell by some other means to a prior bidder any item currently or previously listed on the GovDeals site for the purpose of avoiding payment of the GovDeals fee. Client agrees to not manipulate or interfere with the bidding process on the GovDeals site.
This online auction memo of understanding is agreed to by:
GovDeals, Inc Client: City of Hollister
Signature: ___________________________ Signature: ___________________________ Print Name: __Scott Starcher___________ Print Name:__________________________ Title: Vice President of Operations Title: __________________________________ Date: __________________________________ Date: ___________________________________ Memo of Understanding Contact:
Attention: Sales Support
100 Capitol Commerce Blvd, Ste 110
Montgomery, AL 36117
Telephone Number: 866.377.1494
Fax Number: 334.387.0519
Email: [email protected]
March 21, 2023
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EXHIBIT A - Online Auction Memo of Understanding
Financial Settlement Services (FSS)
It is understood the Client elects GovDeals to collect all proceeds due the Client from the winning bidder and remit the proceeds to the Client less the GovDeals fee
GovDeals will charge the winning bidder a “Buyer’s Premium”, therefore, the Client is not allowed to charge the winning bidder an additional “Buyer’s Premium”.
GovDeals will collect all proceeds from the winning bidder, including the “Buyer’s Premium” through PayPal, credit card or wire transfer. This is the only means of payment by the bidder.
The Client will not release an asset to the winning bidder until the Client has received verification from GovDeals that payment has been received from the winning bidder. Prior to an item being released to the winning bidder, the Client will ensure the winning bidder or his/her agent has signed a “Bill of Sale” containing the following notation: “Asset is sold as is, where is and without warranty. Once the asset is removed from the seller's premises there is no refund of monies previously paid”. The Bill of Sale must be printed from the Seller Asset Management (SAM). Any other “Bill of Sale” used by the Client must be submitted to GovDeals for approval.
No proceeds will be remitted to the Client for any asset sold without verification of payment from GovDeals and verification from the Client the item has been picked up by the winning bidder. Approved payment from the winning bidder through PayPal, credit card or wire transfer will be noted in SAM. It is the Client’s responsibility to notify GovDeals when an item has been picked up, which is accomplished by the Client accessing SAM and selecting the “Picked Up” option from the “Paid, not picked up” report.
GovDeals will remit all proceeds collected, less the “Buyer’s Premium” and the GovDeals fee to the Client on a weekly basis for all assets marked in SAM as ‘Picked Up’. All proceeds will be remitted electronically by Automatic Clearing House (ACH). A detailed backup will be submitted to the Client to support the amount remitted.
Under no circumstance will the Client collect any proceeds directly from the winning bidder and if requested to do so, the Client should refer the winning bidder directly to GovDeals for payment instructions.
GovDeals will absorb all costs of Charge Backs by PayPal or a credit card company where an item is released to the winning bidder after the Client receives proper payment notification from GovDeals, GovDeals receives proper pickup notification from the Client and the Client obtained and retained a signed “Bill of Sale” from the winning bidder.
GovDeals will refund proceeds collected to the winning bidder in those rare occasions where the winning bidder pays for an asset but never picks it up and subsequently convinces PayPal or the credit card company to withdraw the amount from GovDeals’ bank account. It is the Client’s responsibility to request a credit on the asset paid for but not picked up as soon as the allowable pick up time passes. By taking the credit, it insures GovDeals will not charge the Client a fee and will allow the Client to resell the asset. If the asset is mistakenly placed in ‘picked up’ status by the Client and GovDeals has remitted payment, the Client agrees to refund this amount back to GovDeals.
A GovDeals’ Client Services Representative or a GovDeals Help Desk Representative will train the Client on how to effectively use the Financial Settlement Services feature and provide ongoing support as needed.
There are no additional costs to the Client for training and support.
GovDeals is covered by a Crime Insurance Policy with a limit of $5,000,000, which will protect the Client against any loss of funds.
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Financial Settlement Services (FSS) Remittance Information Please complete information below:
This section must be completed when submitting the signed MOU back to GovDeals, as this is where GovDeals Payments to the Client will be made.
Accounting Contact: _________________________________________ (Person to receive invoices) Name and Title E-Mail Address: _________________________________________
Phone Number: _________________________________________
Please provide the required information:
Name of Bank
County of Bank
Name of Client: (Name on bank account)
Bank Routing Number
Bank Account Number
Checking/Savings
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EXHIBIT B - Online Auction Memo of Understanding
City of Hollister
Hollister, California
Online Sales - Terms and Conditions
All bidders and other participants of this service agree they have read and fully understand these terms and agree to be bound thereby.
Guaranty Waiver. All assets are offered for sale “AS IS, WHERE IS.” City of Hollister (Seller) makes no warranty, guaranty or representation of any kind, expressed or implied, as to the merchantability or fitness for any purpose of the property offered for sale. The Buyer is not entitled to any payment for loss of profit or any other money damages – special, direct, indirect or consequential.
Description Warranty. Seller warrants to the Buyer the property offered for sale will conform to its description. Any claim for misdescription must be made prior to removal of the property. If Seller confirms the property does not conform to the description, Seller will keep the property and refund any money paid. The liability of the Seller shall not exceed the actual purchase price of the property. Please note upon removal of the property, all sales are final.
Personal and Property Risk. Persons attending during exhibition, sale, or removal of goods assume all risks of damage of or loss to person and property and specifically release the Seller and GovDeals from liability therefore.
Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the assets listed at any time until the Seller has received payment in full for the assets and Buyer has removed the assets from the Seller's premises in their entirety.
Buyer’s Certificate. If applicable, successful bidders will receive a Buyer’s Certificate by email from GovDeals as their notice of award.
Buyer’s Premium & Additional Fees. If a Buyer’s Premium and/or Additional Fees are shown on the auction page Bid Box, then that amount (expressed as a percentage of the final selling price or a specified amount) will be added to the final selling price of all items in addition to any taxes imposed.
Payment. Payment in full is due not later than 5 business days from the time and date of the close of the auction. Please refer to the payment instructions listed on the auction page for complete payment terms and methods. Please refer to the Bid Box for all fees and taxes that may be associated with the auction.
State/Local Sales and/or Use Tax. Buyers may be subject to payment of State and/or local sales and/or use tax. Please review the Payment Instructions for all information related to Sales Tax and Tax Exemptions.
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Removal. All assets must be removed within ten (10) business days from the time and date of the close of the auction. Purchases will be released only upon receipt of payment as specified.
Successful buyers are responsible for loading and removal of any and all property awarded to them from the place where the property is located as indicated on the website and in the Buyer’s Certificate. The Buyer will make all arrangements and perform all work necessary, including packing, loading and transportation of the property. Under no circumstances will Seller assume responsibility for packing, loading or shipping. See instructions on each auction page for complete removal details. A daily storage fee of $25.00 may be charged for any item not removed within the ten (10) business days allowed and stated on the Buyer’s Certificate.
Vehicle Titles. Seller will issue a title or certificate upon removal of the vehicle. Titles may be subject to restrictions as indicated in the asset description on the website.
Approval. Some Auctions/Sales are subject to Seller approval prior to award to the high bidder.
Please review the auction/sale page for full terms of the sale and whether the final bid/sale is subject to approval.
Default. Default shall include (1) failure to observe these terms and conditions; (2) failure to make good and timely payment; or (3) failure to remove all assets within the specified time.
Default may result in termination of the contract and suspension from participation in all future sales until the default has been cured. If the Buyer fails in the performance of their obligations, Seller may exercise such rights and may pursue such remedies as are provided by law. Seller reserves the right to reclaim and resell all items not removed by the specified removal date.
Acceptance of Terms and Conditions. By submitting a bid, the bidder agrees they have read, fully understand and accept these Terms and Conditions, and agree to pay for and remove the property, by the dates and times specified. These Terms and Conditions are available for review in the bid box at the top of each page of each asset listed on GovDeals. Specific Instructions (Payment, Removal, and Special) appearing on the asset page will override certain sections of these Terms and Conditions.
Sales to Employees. Employees of the Seller may bid on the property listed for auction, so long as they do NOT bid while on duty.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-61, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING TEMPORARY CLOSURE OF SAN BENITO
STREET FROM SIXTH STREET TO SOUTH STREET AND FROM SEVENTH STREET TO EAST STREET FOR THE NATIONAL NIGHT OUT EVENT ON AUGUST 1, 2023
BRIEF DESCRIPTION: This resolution will authorize the closure of a portion of San Benito Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, for the City of Hollister Police Department’s National Night Out event.
RECOMMENDATION: Adopt a resolution to temporarily close San Benito Street, from Sixth Street to South Street and from Seventh Street to East Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, for the City of Hollister Police Department’s National Night Out event.
DEPARTMENT SUMMARY: This request is for the temporary street closure of a portion of San Benito Street from 12:00 p.m. to 9:00 p.m. on August 1, 2023, on San Benito Street, from Sixth Street to South Street and from Seventh Street to East Street for the City of Hollister Police Department’s National Night Out event.
FINANCIAL IMPACT: Staff time, set up and take down.
CEQA: N/A
ATTACHMENTS:
1. National Night Out
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING
TEMPORARY CLOSURE OF SAN BENITO STREET FROM SIXTH STREET TO SOUTH
STREET AND FROM SEVENTH STREET TO EAST STREET FOR THE NATIONAL NIGHT OUT EVENT ON AUGUST 1, 2023
WHEREAS, the Hollister Police Department is a partner with the County of San Benito and other local agencies sponsoring the annual National Night Out event on August 1, 2023; and
WHEREAS, it strengthens neighborhood spirit and police-community partnerships; and
WHEREAS, it is the objective of the Hollister Police Department to provide a safe environment for residents and visitors of the City.
NOW THEREFORE, BE IT RESOLVED, that the Mayor and City Council hereby approve the request for the closure of the National Night event on August 1, 2023, as detailed in the attached street closure, which is incorporated herein by this reference.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-61, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: MILITARY EQUIPMENT IN USE AT THE HOLLISTER POLICE
DEPARTMENT REPORT
BRIEF DESCRIPTION: This is an informational report indicating the current military equipment in possession of and in use at the Hollister Police Department. This is a yearly report required per Assembly Bill No. 481. There are no changes from last year’s report.
RECOMMENDATION: Accept the report.
DEPARTMENT SUMMARY: On September 30, 2021, Governor Newsom signed Assembly Bill No. 481 into law, requiring law enforcement agencies to adopt a military equipment use policy, as well as submit an annual military equipment report to its governing body.
Pursuant to AB 481, the Hollister Police Department prepared a Military Equipment Policy (Chapter 2.50 H.M.C.) which was adopted by the City Council on June 2, 2022.
AB 481 requires the submission of an annual military equipment report to the governing body which details information about equipment used in the preceding calendar year.
The annual military equipment report for the calendar year 2023 is attached to this informational report. The report has no changes to the equipment list from 2022.
The Hollister Police Department held a public meeting in regard to the military equipment currently owned by the police department on April 12, at 6 pm at the Police Department, 395 Apollo Way. Officers were available to answer any questions in regard to this equipment.
Members of the public with any additional questions or concerns may also contact the police department at [email protected].
ATTACHMENTS:
1. 2023 Military Equipment in Use Report
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability
MEMORANDUM
TO: TO FILE DATE: APRIL 4, 2023
FROM: CARLOS REYNOSO
CHIEF OF POLICE
SUBJECT: MILITARY EQUIPMENT REPORT
California Government Code Section 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes, and the Police Department does possess and use some of these listed types of equipment.
Of the sixteen (16) types of equipment specified, the Police Department possesses only four (6) types. The list of the sixteen (16) types of Military Equipment per California Government Code Section 7070 is included below. Equipment types that the Police Department possesses are noted in bold type.
1. Unmanned, remotely piloted, powered aerial or ground vehicles. a) The Police Department possesses three (3) CIVILIAN MODEL unmanned, remotely piloted aircrafts (drones). UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective. Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identific ation and mitigation; response to emergency calls; crisis communications; legally authorized surveillance. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.
However, police versions of standard consumer vehicles are specifically excluded from this subdivision. The Hollister Police Department does not possesses any vehicles in this category.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision. The Hollister Police Department does not possesses any vehicles in this category.
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. The Hollister Police Department does not possesses any vehicles in this category.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. a) The Police Department shares possession of a Mobile Command Vehicle (MCV). The vehicle is stored at the Sheriff’s Office when not in use and was purchased with Homeland Security Funds for the use of the Sheriff’s Office, County a nd City Fire Departments, the Police Department and County Public Health Department. This vehicle is not armored or weaponized in any way and is used to facilitate unified command during critical and planned incidents. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
6. Weaponized aircraft, vessels, or vehicles of any kind. The Hollister Police Department does not possesses any aircraft, vessels or any vehicle in this category.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision. The Hollister Police Department does not possesses any equipment in this category.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision. The Hollister Police Department does not possesses any firearms in this category.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. The Hollister Police Department does not possesses any ammunition in this category.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. a) The Police Department possesses semi-automatic rifles. These rifles are standard-issue duty weapons for all Peace Officers, which actually exempts them from this policy per California Government Code Section 7070(c)(10).
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability b). The Police Department possesses several rifles and specialized equipment in this category. They are stored in the city armory and they are not used for patrol functions. These firearms are designed to only be potentially used for SWAT operations and this department currently does not have a SWAT component.
Quantity Make Model Caliber
1 COLT M16 Auto 223
2 COLT AR15 Auto 223
1 SPRINGFIELD SPR 7.62
1 ARMALITE AR10 7.62
4 H&K MP5 Auto 9mm
11. Any firearm or firearm accessory that is designed to launch explosive projectiles. a) The Hollister Police department has one 37mm tear gas launcher that was previously for the SWAT team. The department does not have any 37 mm projectiles capable of being used with this device. The department will be seeking to reclassify this device as surplus and obsolete and will seek appropriate disposition. b) The Hollister Police Department has one M203 40mm launcher attachment previously used by the SWAT team. The department does not have any 40 mm projectiles capable of being used with this device. The department may be seeking to reclassify this device as surplus and obsolete and will seek appropriate disposition.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray. a) The department has three Pepper Ball Launchers (basically a paint ball air gun).
The launchers are not military in any way but are included in the language of this law.
This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. b) The department does not currently possess any “Flashbangs” grenades or explo sive breaching tools or tear gas.
13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD). The department does not have any of these devices.
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Carlos Reynoso, Chief of Police
Integrity, Professionalism, Respect, Commitment, Accountability
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons. a) The Police Department possesses sixteen (16) less than lethal projectile launchers (shotguns). These launchers are not 40 mm and are much smaller bu t are added to this list for transparency. The Less Than Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option. This equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight. This department does not have any other equipment in this category.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 31, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
SPONSOR(S): Burns
TITLE OF ITEM: RESOLUTION NO. 2023-62, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER RENAMING THE HOLLISTER COMMUNITY CENTER TO THE "PAULINE VALDIVIA MEMORIAL COMMUNITY CENTER"
BRIEF DESCRIPTION: A request was made to rename the Hollister Community Center the “Pauline Valdivia Memorial Community Center.”
RECOMMENDATION: Adopt a resolution renaming the Hollister Community Center to the "Pauline Valdivia Memorial Community Center.”
DEPARTMENT SUMMARY: The City Council of the City of Hollister adopted Resolution No. 2021-106 on June 7, 2021. The policy establishes a uniform policy regarding requests for the naming or renaming of City parks, facilities, or special features in a park that are compatible with community interest and will enhance the values and heritage of the City of Hollister.
The policy states the City of Hollister Parks and Recreation Commission will review all applications. The Commission will then recommend to the City Council of the City of Hollister. The Council will approve the naming or renaming of all city parks, facilities, or special features in a park. However, due to a lack of quorum, the Parks and Recreation Commission has not met since January 2023. As a result, this request is being brought forward without the approval of the Parks and Recreation Commission.
FINANCIAL IMPACT: $2,000.00 from Councilmember Burns appropriated council funding.
CEQA: N/A
ATTACHMENTS:
1. Pauline V. Renaming
2. Pauline V. Plaque
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENAMING THE HOLLISTER COMMUNITY CENTER TO THE "PAULINE VALDIVIA MEMORIAL COMMUNITY CENTER"
WHEREAS, the City Council of the City of Hollister adopted Resolution No. 2021-106 on June 7, 2021, establishing a policy for naming and renaming public parks, city facilities, or special features in a park; and
WHEREAS, staff posted a public notice at the Hollister Community Center, 300 West Street, on City social media accounts, and at City Hall, 375 5th Street, informing the residents that there was a proposed application to rename the Hollister Community Center to the “Pauline Valdivia Memorial Community Center.”
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister approves the renaming of the Hollister Community located at 300 West Street to the ”Pauline Valdivia Memorial Community Center.”
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-62, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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UV Print on Plaque
Satin
UV Print Logo on raised bronze
UV
CLEAR
-
-
UV PRINT
6406589 CITY REC Monika H.@ ext.2516 1/1
BRONZE
24"W x 18"H
1 5/16" Thick: Painted Edges
Rectangle(or Square)
Raised Copy-Horizontal Stroke
Sand w/Part Printed Surface
Double Line Border
F63R Brown SATIN
Per Artfile Supplied
Satin
Blind:Standard Stud
No Rosettes Required
Yes
3/31/2023
RAISED RECESSED
DATE:SALESPERSON:ORDER #:CUSTOMER PO #:Page:
PRECISION TOOLED PLAQUE
MATERIAL
SIZE
QTY
DEPTH
SHAPE
COPY
FINISH
BORDER
COLOR
STYLE
CLEAR
MOUNT
ROSETTES
PATTERN
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VERSION: 3
Bronze F63R Brown
PLEASE NOTE THE FOLLOWING:
Artist: Rin Ragudo | Ext: 2571
Kerned text to allow for production method Updated as per new art file sent 2251276RTF:
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 5, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-63, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE INITIATION OF PROCEEDINGS FOR THE
LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT 93-1 AND ORDER THE CITY ENGINEER TO PREPARE AND FILE THE
REQUIRED REPORT WITH THE CITY CLERK
BRIEF DESCRIPTION: City Council to consider approving the initiation of proceedings for the levy and collection of the FY 2023/2024 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required report with the City Clerk.
RECOMMENDATION Adopt a resolution approving the initiation of proceedings for the levy and collection of the FY 2023/2024 Annual Assessment for Landscape and Lighting District No. 93-1 and order the City Engineer to prepare and file the required Report.
DEPARTMENT SUMMARY: On July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation, levy and collection of assessments of Landscape and Lighting District No. 93-1 pursuant to the Landscaping and Lighting Act of 1972.
Each year the annual renewal proceedings must be initiated by resolution.
The assessment will be used for operation, maintenance, and services of the lighting and landscaping installed or to be installed within the public right of way and easements. The work generally includes care and upkeep of the perimeter sound wall, landscaping, street trees, irrigation systems, street improvements, a bio-retention pond, street lighting, energy, and facility maintenance and replacement.
Staff is preparing the required report. At a future City Council meeting, the City Council may approve the report, as filed or modified. After approval of the report, as filed or as modified, the City Council may adopt a resolution of intention.
After the adoption of the resolution of intention, the City Council will hold a public hearing. All interested persons shall be afforded the opportunity to hear and be heard.
The City Council shall consider all oral statements and written protests. The City Council may order changes to the report. The City Council may adopt a resolution approving the report, as originally proposed or as changed by it.
FINANCIAL IMPACT: The City will incur staff costs in conducting the proceedings and preparing the report. The anticipated revenue from the assessment is approximately $223,000.
CEQA: This action does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
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THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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RESOLUTION NO. 2023-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE
INITIATION OF PROCEEDINGS FOR THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT 93-1 AND ORDER THE CITY
ENGINEER TO PREPARE AND FILE THE REQUIRED REPORT WITH THE CITY CLERK
WHEREAS, on May 17, 1993, the City Council of the City of Hollister adopted Resolution No. 93 - 81 which declared its intention to form, levy and collection of assessments against parcels of land within the boundary of Landscape and Lighting District No. 93 -1 (District) to pay for the costs and expenses of operating, maintaining and servicing landscaping and lighting located within the public right-of-way and easements, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (Act); and
WHEREAS, on July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the District pursuant to the Act; and
WHEREAS, the developments complied with the conditions to install lighting and landscaping improvements within public rights-of-way and easements, and post energy and maintenance bonds for the operation and service of the facilities and plantings; and
WHEREAS, the developments had a condition upon their subdivision map to form and/or irrevocable waive protest and submit their respective lots and/or parcels into a landscaping and lighting district; and
WHEREAS, developments which have previously installed, energized and maintained lighting and landscaping areas have released maintenance bonds and those specific maintenance areas are now part of the City operation and maintenance program; and
WHEREAS, the costs of operation, maintenance, and services of landscaping and lighting improvements is similar to the costs of operation, maintenance, and services outside the District; and
WHEREAS, the Act specifies the requirements to levy and collect annual assessments of the District; and
WHEREAS, it is the desire of the City Council to initiate the proceedings for the levy and collection of the FY 2023 / 2024 annual assessments for Landscape and Lighting District No. 93-1, pursuant to the Act.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Hollister, does hereby resolve as follows:
SECTION 1
The City Manager is authorized to initiate proceeding for the levy and collection of the FY 2023 / 2024 annual assessments for the Landscape and Lighting District No. 93-1.
SECTION 2
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The annual assessment shall be used for operation, maintenance and services of the lighting and landscaping installed or to be installed within the public right of way and easements.
SECTION 3
The City Engineer is hereby ordered to prepare and file a report in accordance with the Act, with the City Clerk.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-63, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 12, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-64, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AMENDMENT TO TASK ORDER DS 2020-21 OF THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $23,900, FOR A POST-CONSTRUCTION TRAFFIC STUDY REPORT
OF THE SALLY STREET TRAFFIC CALMING PROJECT
BRIEF DESCRIPTION: This Resolution will authorize the City Manager, or Designee, to execute an amendment to Task Order DS 2020-21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900 for a post- construction traffic study report of the Sally Street Traffic Calming Project, as requested by Council.
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or Designee, to execute an amendment to Task Order No. 2020-21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900.00 for a post-construction traffic study report of the Sally Street Traffic Calming Project.
DEPARTMENT SUMMARY: Kimley-Horn and Associates, Inc. (Kimley-Horn) prepared engineering drawings for traffic calming improvements along Sally Street, from Hawkins Street to Nash Road. Construction of the pedestrian and traffic calming improvements, including speed humps, new crosswalks, traffic circles, and new and updated ADA- compliant curb ramps is near completion.
Kimley-Horn submitted a proposal to provide engineering services to prepare a post- construction traffic study report. The total cost for this work is $23,900.
Staff reviewed the proposal and recommends that the City Council adopt a Resolution approving the amendment to Task Order DS 2020-21 of the on-call professional services agreement with Kimley-Horn for the post-construction traffic claiming traffic study report.
FINANCIAL IMPACT: The cost of the post-construction traffic study report for the Sally Street Traffic Calming Project shall not exceed $23,900.
CEQA: N/A
ATTACHMENTS:
1. Kimley-Horn and Associates, Inc.'s Proposal
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RESOLUTION NO. 2023-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AMENDMENT TO TASK ORDER DS 2020-21 OF THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $23,900, FOR A POST-
CONSTRUCTION TRAFFIC STUDY REPORT OF THE SALLY STREET TRAFFIC CALMING
PROJECT
WHEREAS, on June 21, 2022, the City Council approved Resolution No. 2022-125 awarding the construction contract for the Sally Street Traffic Calming Project; and
WHEREAS, construction of the Sally Street Traffic Calming Project is near completion; and
WHEREAS, Kimley-Horn prepared the plans, specifications and estimates for the Sally Street Traffic Calming Project; and
WHEREAS, the City Council desires a post-construction traffic study report of the Sally Street Traffic Calming Project and Kimley-Horn submitted a cost proposal which staff reviewed and found responsive and reasonable.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister adopt a Resolution authorizing the City Manager, or Designee, to execute an amendment to Task Order No. 2020-21 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $23,900.00, for a post-construction traffic study report of the Sally Street Traffic Calming Project.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-64, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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kimley-horn.com 10 South Almaden Boulevard, Suite 1250 San Jose, CA 95113 (669) 800-4130 March 20, 2023
David Mirrione, Interim City Manager
City of Hollister
375 Fifth Street
Hollister, CA 95023
Re: Proposal – Sally Street Traffic Calming After-Study Dear Mr. Mirrione,
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Hollister (“Client”) for providing traffic engineering services per the Master Agreement for Continuing Professional Services which is incorporated herein by reference. The following outlines our scope of services for this project.
Project Understanding:
The City of Hollister constructed roadway and traffic calming improvements along several street segments to control vehicle speeds in the residential neighborhood. To evaluate traffic operations and the effectiveness of the traffic calming measures following construction of these improvements, an after-study analysis using new traffic data is requested for the following roadways:
•Sally Street from Hawkins Street to Nash Road
The following outlines Kimley-Horn’s scope of work to prepare an after-study analysis.
Scope of Services
Task 1 –Site Visit and Traffic Data Collection
Kimley-Horn will conduct a site visit of the study roadway corridors and coordinate with a subconsultant and the City to collect the following traffic data:
•“Before” conditions of Sally Street
o Vehicle speed and volume counts
o Accident reports
o As-built / design plans
•Year 2023 24-hour speed and volume traffic counts (subconsultant) o The objective of this data collection effort involves placing tube-counters to confirm the peak traffic volumes and 85th percentile vehicle speeds along the study roadway for traffic calming determination
•Year 2023 Site visit conditions (morning and/or afternoon peak) o Driver behavior observations
o Traffic calming / signing / striping inventory
o Accident reports
o City notes / citizen complaints
o Field condition comparison with traffic circles and speed cushions installed on adjacent City streets
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Hollister Sally Street Traffic Calming After-Study
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800-4130 Task 2 – After-Study Traffic Operations Analysis
The Consultant will process and analyze all data collected in Task 1 to compare the traffic operation conditions between the existing (“Before”) and Year 2023 (“After”) study scenarios on a qualitative and quantitative basis.
Kimley-Horn will conduct a field review of the Sally Street traffic calming layouts and provide recommendations that could improve traffic operations and safety for vehicle, bike, and pedestrian access. The proposed layout improvements will be provided on a conceptual layout with a scaled aerial for review with City staff.
Task 3 – Technical Memorandum and Meetings
Kimley-Horn will prepare a technical report for review with the Client. The draft memorandum will include text, charts, and figures describing our process, assumptions, and results. The report will be provided in electronic format and will document the findings of the parking analysis, concept design layouts, and preliminary parking agreement and management plan for City review.
Based on up to one (1) set of consolidated comments received on the draft memo from the City, the report will be revised, and a final report will be provided in electronic format.
The Consultant will attend up to one (1) City Council meeting to present the findings and results of the traffic calming after-study.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates.
Schedule:
Kimley-Horn will provide the services identified above as expeditiously as practicable to meet a mutually agreed upon schedule.
Compensation, Fees and Expenses:
Kimley-Horn will perform the services in Scope of Services on a labor fee with the maximum labor fee shown below.
Scope of Services
Task 1 Traffic Data Collection $7,800
Task 2 After-Study Traffic Operations Analysis $4,900
Task 3 Technical Memorandum and Meetings $11,200
Kimley-Horn Labor Fee $23,900
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary.
Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.05 times cost. A percentage of labor fee will be added to each invoice to cover certain other B.16.a
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Hollister Sally Street Traffic Calming After-Study
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800-4130 expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a 10% markup, will be immediately issued to and paid by the Client.
Closure:
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Frederik Venter P.E. Derek Wu P.E.
Senior Associate Project Manager
P.E. No.: C64621 P.E. No.: C81401
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 9, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Cannabis
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-65, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING A REGULATORY PERMIT FOR MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER TO OPERATE A CANNABIS DISPENSARY AT 773 SAN FELIPE ROAD (APN 051-100-032-000)
BRIEF DESCRIPTION: The City Council will consider approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary.
RECOMMENDATION: Adopt a resolution approving a Regulatory Permit for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary upon completion of their facility located at 773 Sane Felipe Road.
DEPARTMENT SUMMARY:
On October 2, 2017, the City Council directed staff that MBAM should receive the second Regulatory Permit (Only two are permitted). The City Council approved Resolution 2018-142 Cannabis Use Permit/Development Agreement (Exhibit A to Resolution) for Monterey Bay Alternative Medicine Hollister to operate a cannabis dispensary at a regular City Council Meeting of June 4th, 2018. Pursuant to Ordinance 1179 section 5.42.050 issuance of a Regulatory Permit is subject to approval by the City Council.
On November 7, 2022, staff returned to the City Council for formal approval of MBAM’s Regulatory Permit application. The City Council directed staff to work with the City Attorney’s Office to provide more information and alternatives to the issuance of the Regulatory Permit.
Staff have worked with the City Attorney to confirm that MBAM’s Regulatory Permit application includes everything required under the Municipal Code and the Administrative Procedures, except those items that were already submitted when MBAM applied for its Use Permit. The City Council may reject a Regulatory Permit upon making any of the findings as required under HMC, § 5.42.070 (A) and none of the required findings were made to warrant rejection of a Regulatory Permit.
The City Council may, however, place conditions upon MBAM’s Regulatory Permit. (HMC, §
5.42.040 B.) For example, these conditions may include a requirement that MBAM open for business within a specified amount of time or that, if MBAM sells its business, the seller must reapply, along with any other interested dispensary, for the second cannabis dispensary Regulatory Permit, or any other conditions the City Council deems appropriate. The C ity Council may also approve permit as presented, continue item, or deny permit.
This approval will allow the applicant to commence operations contingent upon all conditions of approval being met including completion of their facility.
FINANCIAL IMPACT: $ 0
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CEQA: Exempt
ATTACHMENTS:
1. Exhibit A MBAM Cannabis Regulatory Permit Renewal 2022
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RESOLUTION NO. 2023-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A
REGULATORY PERMIT FOR MONTEREY BAY ALTERNATIVE MEDICINE HOLLISTER TO OPERATE A CANNABIS DISPENSARY AT 773 SAN FELIPE ROAD (APN 051-100-032- 000)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, t he issuance of a Regulatory Permit is subject to review and approval by the City Council City; and
WHEREAS, as a condition of issuance of a Regulatory Permit, each cannabis facility shall enter into a development agreement; and
WHEREAS, the City Council at its regular meeting of June 4th 2018 approved a Cannabis Use Permit/ Development Agreement for Monterey Bay Alternative Medicine Hollister located at 773 San Felipe Road; and
WHEREAS, Monterey Bay Alternative Medicine Hollister has completed the Regulatory Permit application, and it has been deemed complete.
WHEREAS, the City Council held a duly noticed public hearing on April 17, 2023 to consider the Applicant’s request, review the City Staff report, and receive written and oral testimony for and against the proposal; and
WHEREAS, the project qualifies as Categorically Exempt as an infill development project pursuant to Section 15332, Class 32, of the California Environmental Quality Act (CEQA) because the project is consistent with the General Plan Land Use Designation of North Gateway Commercial, the Zoning Designation of North Gateway (NG), the project is within the City Limits of Hollister on property with urban services, and the project site is less than five acres in size and is surrounded by developed properties; and
WHEREAS, under the provisions of Section 5.42.070 A. of the Hollister Municipal Code the City Council may reject a permit and did not make any one of the specified findings required to deny Monterey Bay Alternative Medicine Hollister Regulatory Permit were made; and
WHEREAS, under the provisions of Section 5.42.14 The City Council may, however, place conditions upon MBAM’s Regulatory Permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby make the following findings and determinations regarding the proposed cannabis Regulatory Permit,
Grounds for Denial
The City Council may reject a Regulatory Permit upon making any of the following findings, and none of the following required findings were made to warrant rejection of a Regulatory Permit:
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1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver or qualified patient or the legal representative of the cannabis facility;
3. The applicant fails to meet the requirements of this Chapter or any regulation adopted pursuant to this Chapter;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitabilit y of the applicant to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay to the City the required application and processing fees as set forth in Section 5.42.080
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BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to issue the Regulatory Permit to Monterey Bay Alternative Medicine Hollister, located at 773 San Felipe Road to operate a cannabis dispensary.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-65, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 12, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-66, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AMENDMENT TO TASK ORDER DS 2020-11 OF THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $61,400.00, FOR PUBLIC OUTREACH AND A POST-CONSTRUCTION
TRAFFIC STUDY REPORT OF THE LADD LANE AND SOUTHSIDE ROAD TRAFFIC
CALMING PROJECT
BRIEF DESCRIPTION: This resolution will authorize the City Manager, or designee, to execute an amendment to Task Order DS 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc. in the amount of $61,400.00, for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project, as requested by Council.
RECOMMENDATION: Adopt a resolution authorizing the City Manager, or designee, to execute an amendment to Task Order No. 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $61,400.00 for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project.
DEPARTMENT SUMMARY: Kimley-Horn and Associates, Inc. (Kimley-Horn) prepared engineering drawings for traffic calming improvements along Ladd Lane and Southside Road. Construction of the pedestrian and traffic calming improvements is near completion.
Kimley-Horn submitted a proposal to provide engineering services for public outreach, in the amount $29,400, and a post-construction traffic study report, in the amount of $35,500, for task order amount of $61,400.00.
Staff reviewed the proposal and recommends that the City Council adopt a Resolution approving the amendment to Task Order DS 2020-11 of the on-call professional services agreement with Kimley-Horn for the post-construction traffic claiming traffic study report.
FISCAL IMPACT: Funding for this project has been included in the FY 2022-23 Adopted Budget.
ATTACHMENTS:
1. Kimley-Horn and Associates, Inc.'s Proposal
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RESOLUTION NO. 2023-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER, OR DESIGNEE, TO EXECUTE AN AMENDMENT TO TASK ORDER DS 2020-11 OF THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., IN THE AMOUNT OF $61,400.00, FOR PUBLIC
OUTREACH AND A POST-CONSTRUCTION TRAFFIC STUDY REPORT OF THE LADD
LANE AND SOUTHSIDE ROAD TRAFFIC CALMING PROJECT
WHEREAS, on June 21, 2022, the City Council approved Resolution No. 2022-125 awarding the construction contract for the Ladd Lane and Southside Road Traffic Calming Project; and
WHEREAS, construction of the Ladd Lane and Southside Road Traffic Calming Project is near completion; and
WHEREAS, Kimley-Horn prepared the plans, specifications and estimates for the Ladd Lane and Southside Road Traffic Calming Project; and
WHEREAS, the City Council desires a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project and Kimley-Horn submitted a cost proposal in the amount of $61,400.00 which staff reviewed and found responsive and reasonable.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister adopt a Resolution authorizing the City Manager, or designee, to execute an amendment to Task Order No. 2020-11 of the on-call professional services agreement with Kimley-Horn and Associates, Inc., in the amount of $61,400.00, for public outreach and a post-construction traffic study report of the Ladd Lane and Southside Road Traffic Calming Project.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 17th day of April, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-66, 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 17th day of April, 2023, 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 April, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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kimley-horn.com 10 South Almaden Boulevard, Suite 1250 San Jose, CA 95113 (669) 800-4130 March 20, 2023
David Mirrione, Interim City Manager
City of Hollister
375 Fifth Street
Hollister, CA 95023
Re: Proposal – Ladd Lane and Southside Road Traffic Calming After-Study Dear Mr. Mirrione,
Kimley-Horn and Associates, Inc. (“Kimley-Horn” or “Consultant”) is pleased to submit this letter agreement (the “Agreement”) to the City of Hollister (“Client”) for providing traffic engineering services per the Master Agreement for Continuing Professional Services which is incorporated herein by reference. The following outlines our scope of services for this project.
Project Understanding:
The City of Hollister constructed roadway and traffic calming improvements along several street segments to control vehicle speeds in the residential neighborhood. To evaluate traffic operations and the effectiveness of the traffic calming measures following construction of these improvements, an after-study analysis using new traffic data is requested for the following roadways:
•Ladd Lane from Tres Pinos Road to Southside Road
•Southside Road from San Benito Street to Ladd Lane
The following outlines Kimley-Horn’s scope of work to prepare an after-study analysis.
Scope of Services
Task 1 –Site Visit and Traffic Data Collection
Kimley-Horn will conduct a site visit of the study roadway corridors and coordinate with a subconsultant and the City to collect the following traffic data:
•“Before” conditions of Ladd Lane and Southside Road
o Vehicle speed and volume counts
o Accident reports
o As-built / design plans
•Year 2023 24-hour speed and volume traffic counts (subconsultant) o The objective of this data collection effort involves placing tube-counters to confirm the peak traffic volumes and 85th percentile vehicle speeds along the study roadway for traffic calming determination
•Year 2023 Site visit conditions (morning and/or afternoon peak) o Driver behavior observations
o Traffic calming / signing / striping inventory
o Accident reports
o City notes / citizen complaints
o Field condition comparison with traffic circles and speed cushions installed on adjacent City streets
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Hollister Ladd Ln and Southside Rd Traffic Calming After-Study
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800-4130
Task 2 – After-Study Traffic Operations Analysis
The Consultant will process and analyze all data collected in Task 1 to compare the traffic operation conditions between the existing (“Before”) and Year 2023 (“After”) study scenarios on a qualitative and quantitative basis.
Kimley-Horn will conduct a field review of the Ladd Lane and Southside Road traffic calming layouts and provide recommendations that could improve traffic operations and safety for vehicle, bike, and pedestrian access. The proposed layout improvements will be provided on a conceptual layout with a scaled aerial for review with City staff.
Kimley-Horn will investigate and address public comments raised during the March 6, 2023, City Council meeting regarding traffic calming for Ladd Lane. These public comments include concerns regarding sight distance / visibility, collision data, vehicle access, and vehicle parking.
Task 3 – Technical Memorandum
Kimley-Horn will prepare a technical report for review with the Client. The draft memorandum will include text, charts, and figures describing our process, assumptions, and results. The report will be provided in electronic format and will document the findings of the parking analysis, concept design layouts, and preliminary parking agreement and management plan for City review.
Based on up to one (1) set of consolidated comments received on the draft memo from the City, the report will be revised, and a final report will be provided in electronic format.
Task 4 – Public Outreach and Meetings
The Consultant will attend up to two (2) public workshop meetings to aid in answering questions about the proposed Ladd Lane and Southside Road traffic calming alternatives, discussing the project with stakeholders, and gathering community feedback. The Consultant will work with City staff to facilitate the community meeting and will prepare materials including agendas, exhibits, meeting minutes, community surveys, and/or PowerPoint presentations.
For a public workshop, it is assumed the public meeting will be hosted virtually with an online meeting application and will be facilitated by up to two (2) Kimley-Horn staff with support from City staff. To help solicit community feedback in a virtual setting, the Consultant will prepare an online survey before and after the public workshop and will provide the results to the City. The public workshops and presentation materials will be provided in both English and Spanish.
The Consultant will attend up to one (1) City Council meeting to present the results of the traffic calming after-study and public outreach efforts.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates.
Schedule:
Kimley-Horn will provide the services identified above as expeditiously as practicable to meet a mutually agreed upon schedule.
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Hollister Ladd Ln and Southside Rd Traffic Calming After-Study
kimley-horn.com 10 South Almaden Boulevard, Suite 1250, San Jose, CA 95113 (669) 800-4130
Compensation, Fees, and Expenses:
Kimley-Horn will perform the services in Scope of Services on a labor fee with the maximum labor fee shown below.
Scope of Services
Task 1 Traffic Data Collection $11,500
Task 2 After-Study Traffic Operations Analysis $14,300
Task 3 Technical Memorandum $9,700
Task 4 Public Outreach and Meetings $25,900
Kimley-Horn Labor Fee $61,400
Kimley-Horn will not exceed the total maximum labor fee shown without authorization from the Client.
Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary.
Labor fee will be billed on an hourly basis according to our then-current rates. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.05 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. Should the Client request Kimley-Horn to advance any such project fees on the Client’s behalf, a separate invoice for such fees, with a 10% markup, will be immediately issued to and paid by the Client.
Closure:
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Frederik Venter P.E. Derek Wu P.E.
Senior Associate Project Manager
P.E. No.: C64621 P.E. No.: C81401
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: March 27, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Police
Carlos Reynoso, Police Chief
SPONSOR(S): Burns
TITLE OF ITEM: COUNCIL TO RECEIVE A FLOCK SAFETY PRESENTATION WITH
OPTIONS FOR POTENTIAL PURCHASE OF SERVICES
BRIEF DESCRIPTION: This item will be a presentation about Flock and Raven System, which detects gunshots and License Plate Reading Cameras in a specific geographic area, and provide options for the possible implementation of the product and service.
RECOMMENDATION: Receive the report and provide direction on this matter.
DEPARTMENT SUMMARY: Several months ago, Councilmember Tim Burns requested information about ShotSpotter and how that technology can help fight crime in the City of Hollister. ShotSpotter is a product that can detect gunshots in a specific geographic area. The technology has been used in larger cities for several years and other departments have had documented successes in investigating shootings.
The police records department has worked to provide the needed information to develop a map of specific gunshot related crimes. The analysis would predict where the gunshot detections system would be installed to cover the areas of the city with the most reported firearm related crimes.
ShotSpotter provided a presentation to Council in January recommending proposed coverage of approximately one square mile in the areas of western and northern Hollister. The area would cover the area bordered by Buena Vista Road in the northwest, Miller Road on the western side, South Street on the Southside, Chappell Road on the Westside and Robl e Street on the northeast side.
Councilmember Tim Burns requested a presentation from Flock Safety; whi ch is a license plate camera system that recently also expanded to provide their Raven System which is a gunshot detection system.
Flock will provide a presentation to the City Council about their system as well as a quote to provide gunshot detections for the same general area as previously proposed by crime data.
Staff recommends Council hear the presentation and provide directions to staff to proceed.
ATTACHMENTS:
1. Hollister PD & Flock Safety - Raven Presentation
2. 4_1_23 Flock Pricing - Google Docs
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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Leverage the future of policing, now
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Our Mission
Eliminate crime
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What we observe:
the current reality
•Limited Police Resources
•Crime is on the rise
•Trust is needed more than
ever
What we believe:
the opportunity
•Technology multiples the force
•Capture and distribute objective
evidence to the right user
•Engage community to support
and grow
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When you get Flock
you get:
objective, real-time and investigative leads
•Vehicle details and a license plate
•Indiscriminate evidence from fixed locations
•No people, no facial recognition, no traffic
enforcement
Plate
TX LGS2639
Make
Toyota
Color
Gray
Last Visit
3:15 PM EDT
Seen
3 OF 30 DAYS
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How is Raven
different than legacy
shot detection?
Investigations don’t stop at shell casings
•Falcon + Raven gets from a shot
fired to a suspect vehicle
•Humans cannot edit the results
•Provides audio directly to officers
for final confirmation of accuracy
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Flock Safety Raven™
Audio Detection Device
•Triangulates using distributed devices
•Focus on Gunshots
•Reduces overall system cost by +66%
•Pairs with Flock Falcons to go from shots
fired to suspect vehicle
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What is this tech?What ISN’T this
tech?
•Detects and alerts Police to
specific audio events (not voice
activated)
•Enables law enforcement to
respond quickly to potentially
serious situation
•Stores very short clips, just of the
event
•Pairs with license plate evidence
•NOT detecting people or voices
•NOT tied to Personal Identifiable
Information.
•NOT storing long audio clips
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Layer technology for greater effect
LPR -Falcon
Audio -Raven
Video -Wing
Real-Time Intelligence with Flock
Layer technology for greater impact
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Same privacy focus with every product
Ethics-Driven Innovation
•Detects specific audio events, nothing else
•Gunshots
•Glass Breaking (future)
•Street Racing / Sideshows (future)
•Car Crashes / Burglary (future)
•Doesn’t detect people or voices
•Saves short 5 second audio clips of the Event
•Collects data only when a triggering event is
detected
•Data stored 30 days, then deleted
•Data is owned by the City/Agency, and will not be
accessed by Flock
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Flock ALPR Immediate ROI
Village of Rantoul
•After months of increased gun violence,
cases, the Village of Rantoul installed a dozen
ALPR cameras in June 2021.
•Within the first two weeks of deployment,
Rantoul PD arrested two suspects wanted for
a July 4th shooting that injured 5, including
two children.
•In August, a suspect in a second shooting
was identified with the Flock camera in just
14 minutes.
•“I would recommend that any agency who
has similar issues to take a look and at
least pursue them because they are a
valuable tool,” said Rantoul Deputy Chief
Rodney Sullivan.
Rantoul PD Rantoul, IL
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Questions?
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 3, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: PRESENTATION TO THE CITY COUNCIL OF THE CITY OF HOLLISTER
REGARDING THE IMPACT FEES FOR THE TWIN OAKS SUBDIVISION
BRIEF DESCRIPTION: A presentation regarding the Twin Oaks Subdivision regarding Impact Fees for the Twin Oaks Subdivision will be provided, as requested by the City of Hollister City Council.
RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding Impact Fees for the Twin Oaks Subdivision.
ATTACHMENTS:
1. Request for Fee Reduction Letter
2. Exhibit 1 Occupancy Density Per Update Study
3. Exhibit 2 Twin Oaks Hollister LLC - Fee Schedule
4. Exhibit 3 Twin Oaks Hollister LLC - Household Density
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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Twin Oaks is asking the City Council to consider a fee reduction for 4 Impact Fees:
•Park
•Storm Drain
•Library
•Sewer Reimbursement
Our justification is based on the following:
1.State Law and Proposition 218 clearly state that Cities are not permitted to recover more than their costs of service. Proposition 218 further states that property related fees cannot be used to pay for non property-related expenses.
2.There is no mention of the 4 fees under consideration in the Twin Oaks Performance Agreement. Fees the 2008 Council did reduce are specifically addressed in the Performance Agreement. However, the Fees under consideration now are not addressed at all in the Performance Agreement. The impact fees under consideration now were either not in existence at the time of the performance agreement or they were fees that the 2008 Council was not using the household density methodology to calculate. Now that those fees are in existence and being calculated using a household density methodology, we should have the benefit of the occupancy density assigned in the performance agreement. Otherwise, the purpose of using household density methodology to obtain a reasonable nexus would fail.
Consequently, the Performance Agreement does not apply to the 4 Impact Fees under consideration. In fact, 2 of the Fees, Library and Sewer Reimbursement, were not even in existence when the Performance Agreement was consummated. If the Fees are not covered by the Performance Agreement, then they must be determined by the currently adopted Council rules and methodology. The current process was approved by the Council in Resolution 2019-113 for several Fees including Park, Library, Storm Drain; and is based on the methodology presented in the 2019 Development Impact Fee Study written by Willdan Financial Services. That Study states the following:
“Occupant density assumptions ensure a reasonable relationship between the size of a development project, the increase in service population associated with the project, and the amount of the fee.”
“Occupant densities (residents per dwelling unit or workers per building square foot) are the most appropriate characteristics to use for most Impact Fees. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development.” See Exhibit 1.
The Study provides for 3 separate residential land use types and occupancy densities:
Single Family 3.53 Residents Per Dwelling Unit
Multifamily (2+Bedrooms) 3.13 Residents Per Dwelling Unit
Multifamily (1 Bedroom or less) 1.51 Residents Per Dwelling Unit
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Per the attachment, Twin Oaks Occupancy Density based on the first 84 homes sold is
1.63. The land use type that most closely represents the probable occupancy density of the development is Multifamily (1 Bedroom or less) at 1.51 Residents per Dwelling Unit.
Dividing 1.51/3.53 = 42.78% of the Single Family Fee. We are currently being charged the full Single Family Fee when, per the argument presented here, the fair and proper Fee should be 42.78% of the Single Family Fee.
With respect to the Park Fee, we would make the further argument that because Twin Oaks spent $4,000,000 on the construction of a Community Center with park like amenities and much more, the likely actual usage of the City’s Parks by Twin Oaks residents will be even less than 42.78%. However, since this is a subjective determination, we ask the City to decide if a further fee reduction is justified and if so how much that reduction would be.
In summary, because the 4 Impact Fees under consideration are not discussed in the Performance Agreement, they must be determined by the Council’s currently adopted methodology for determining Impact Fees. Resolution 2019-113 is the most current update for Park, Library, and Storm Drain. Sewer Impact Fees are included in the Performance Agreement. Therefore, Sewer Reimbursement, the fourth Impact Fee under consideration, should also be based on Household Density. A letter from the Law Firm of Gagen McCoy included as an exhibit argues that because all our approvals pre-date the City’s Sewer Reimbursement Agreement, the Sewer Reimbursement Impact Fee does not even apply to Twin Oaks. See Exhibit 2.
As of January 19, 2021, Twin Oaks had sold a total of 10 homes. At the January 19, 2021 Council hearing, Staff argued that just because the household density of those 10 homes was only 1.53 did not mean that future sales cannot bring the household density up to
3.53. On the basis of Staff’s argument, Council denied our request.
At the 2008 hearing in which the Performance Agreement was approved, 2000 Census data was presented in support of our position that household density for senior households is on average 1.67 occupants per dwelling unit. The 2008 Council agreed and memorialized it in the Performance Agreement.
The Twin Oaks Occupancy data in Exhibit 3, supports an actual household density of 1.63 with 84 units sold, half the total units in the project. For twin Oaks average occupancy density to rise to 3.53 by the end of the project would require each of the remaining 84 two bedroom homes at Twin Oaks to have 7 occupants per dwelling unit.
If the City agrees with our analysis that Twin oaks has been overcharged, we ask that a fee adjustment take place immediately for all future home closings. Additionally, we ask that the City reimburse Twin Oaks for the overcharges to date.
However, recognizing that a full and immediate reimbursement might be financially challenging to the City, as an alternative, we would accept a credit from the City for the total overcharges to be used toward the payment of all future Impact Fees and Building Permit Fees.
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City of Hollister Development Impact Fee Study Update
12 Occupant Densities
All fees in this report are calculated based on dwelling units , nonresidential building square feet or lodging units. Occupant density assumptions ensure a reasonable relationship between the size of a development project, the increase in service population associated with the project, and the amount of the fee.
Occupant densities (residents per dwelling unit or workers per building square foot are the most appropriate characteristics to use for most impact fees. The fee imposed should be based on the land use type that most closely represents the probable occupant density of the development.
The average occupant density factors used in this report are shown in Table 2.2. The residential density factors are based on data for Hollister from the 2016 U.S. CeQVXV¶ APeULcaQ CRPPXQLW\ Survey. The one bedroom or less multifamily assumption is based on data from the Institute of TUaffLc EQgLQeeU¶V TULS GeQeUaWLRQ MaQXaO aQd LV cRQVLVWeQW ZLWK aVVXPSWLRQV LQ WKe CLW\¶V TUaffLc Impact Mitigation Fee (TIMF) program.
The nonresidential occupancy factors are based on occupancy factors found in the Employment Density Study Summary Report, prepared for the Southern California Association of Governments by The Natelson Company. Though not specific to San Benito County, the Natelson study covered employment density over a wide array of land us e and development types, making it reasonable to apply these factors to other areas. The specific factors used in this report are for developing suburban areas, as defined by the Natelson study.
Table 2.2: Occupant Density
Residential
Single Family 3.53 Residents Per Dwelling Unit
Multifamily (2+ Bedrooms)3.13 Residents Per Dwelling Unit Multifamily (1 Bedroom or less) 1.51 Residents Per Dwelling Unit Nonresidential
Commercial 2.39 Employees per 1,000 square feet
Office 3.12 Employees per 1,000 square feet
Industrial 1.16 Employees per 1,000 square feet
Sources: U.S. Census Bureau, 2012-2016 American Community Survey 5-Year Estimates, Tables B25024 and B25033; Institute of Traffic Engineers Trip Generation Manual, 9th Edition; The Natelson Company, Inc., Employment Density Study Summary Report, prepared for the Southern California Association of Governments, October 31, 2001, SCAG region data; Willdan Financial Services.
ATTACHMENT A
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Twin Oaks Occupant Density Data
01-22-23
Lot Status DRE
Phase
Plan
Elevati
on
Home
Size Lot Size Owners Sale Date Estimated COE
1 SOLD 2 2A 1,730 4,777 2 12/24/20 4/2/21
2 SOLD 2 4B 2,011 4,175 2 4/9/21 5/18/21
3 SOLD 2 1E 1,579 4,175 1 12/5/20 1/14/21
4 SOLD 2 4D 2,011 4,175 1 2/5/21 4/15/21
5 SOLD 2 3B 1,902 4,175 2 2/22/21 3/15/21
6 SOLD 2 1C 1,579 4,135 2 9/6/20 11/3/20
7 SOLD 2 5B 1,783 4,566 2 4/13/20 8/27/20
8 SOLD 1 2D 1,730 3,750 2 8/21/20 10/23/20
9 SOLD 1 1A 1,579 3,750 2 8/21/20 10/23/20
10 SOLD 1 2C 1,730 3,750 2 10/6/20 11/25/20
11 SOLD 1 1E 1,579 3,750 1 7/18/20 8/28/20
12 SOLD 1 2B 1,730 3,750 1 6/27/20 8/21/20
13 SOLD 2 5E 1,783 5,029 1 4/15/20 8/21/20
14 SOLD 1 3C 1,902 4,100 2 5/3/21 5/25/21
15 SOLD 1 4E 2,011 4,100 1 1/29/21 4/6/21
16 SOLD 1 3B 1,902 4,100 2 9/1/20 11/12/20
17 SOLD 1 4D 2,011 4,100 2 9/10/21 11/9/21
18 SOLD 1 3A 1,902 4,895 1 4/24/20 8/20/20
19 SOLD 3 1A 1,579 4,320 1 9/6/20 4/9/21
20 SOLD 3 1E 1,579 3,750 1 6/11/21 7/9/21
21 SOLD 3 2B 1,730 3,750 1 2/9/21 6/10/21
22 SOLD 3 2C 1,730 3,750 2 4/19/21 6/10/21
23 SOLD 3 1B 1,579 3,750 2 6/1/21 6/30/21
24 SOLD 4 2A 1,730 3,750 2 4/23/21 11/3/21
25 SOLD 4 5B 1,783 4,571 2 4/1/21 10/28/21
26 SOLD 4 2C 1,730 4,175 2 5/24/21 11/15/21
27 SOLD 4 3C 1,902 4,175 2 3/28/21 12/22/21
28 SOLD 4 3D 1,902 4,175 1 11/13/21 1/4/22
29 SOLD 4 2B 1,730 4,175 1 9/20/21 11/30/21
30 SOLD 5 3B 1,902 4,175 2 3/7/22 3/25/22
31 SOLD 5 3A 1,902 4,175 2 9/8/21 12/16/21
32 SOLD 5 3C 1,902 5,051 2 7/10/21 12/31/21
33 SOLD 5 3D 1,902 5,384 2 5/27/21 2/3/22
34 SOLD 5 4E 2,011 4,375 2 11/16/21 2/8/22
35 SOLD 5 4B 2,011 4,375 1 7/5/22 8/29/22
36 SOLD 5 2A 1,730 4,375 1 3/4/22 4/12/22
37 SOLD 6 3A 1,902 4,375 1 4/27/22 6/2/22
38 SOLD 6 3B 1,902 4,375 2 2/3/22 3/25/22
39 SOLD 6 3C 1,902 4,375 2 9/11/21 3/10/22
40 SOLD 6 1A 1,579 4,375 2 8/7/21 3/15/22
41 SOLD 6 2B 1,730 4,375 2 11/21/21 3/28/22
42 SOLD 6 1E 1,579 4,341 2 6/13/21 4/5/22
43 SOLD 6 2D 1,730 3,750 2 6/28/21 3/31/22
44 SOLD 6 1B 1,579 3,750 1 9/20/21 3/29/22
45 SOLD 6 2A 1,730 3,750 2 2/26/22 4/22/22
47 SOLD 5 1E 1,579 3,750 1 6/5/21 1/31/22
48 SOLD 5 2C 1,730 3,750 1 5/16/21 1/27/22
49 SOLD 5 2D 1,730 3,750 1 5/26/21 1/26/22
50 SOLD 5 5E 1,783 4,572 2 5/6/21 1/12/22
51 SOLD 4 5A 1,783 5,159 2 4/1/21 11/12/21
52 SOLD 4 3A 1,902 4,200 2 6/12/21 11/2/21
53 SOLD 3 3C 1,902 4,200 2 5/10/21 6/24/21
54 SOLD 3 2D 1,730 4,200 2 2/13/21 6/3/21
55 SOLD 3 3D 1,902 4,200 2 6/25/21 9/30/21
56 SOLD 3 3B 1,902 4,200 1 1/20/22 4/8/22
57 SOLD 3 2C 1,730 4,200 1 2/2/21 5/3/21
58 SOLD 3 3A 1,902 4,920 2 9/24/20 4/19/21
59 SOLD 7 5E 1,783 4,551 2 7/26/21 4/21/22
60 SOLD 7 3B 1,902 3,925 1 5/31/22 7/13/22
61 SOLD 7 1B 1,579 3,925 1 6/11/22 6/30/22
62 SOLD 7 3A 1,902 3,925 2 2/11/22 4/22/22
63 SOLD 7 1A 1,579 4,058 2 4/30/22 5/25/22
64 SOLD 7 3C 1,902 5,881 1 7/16/21 4/21/22
65 Model 0 1C 1,579 3,662 0 6/24/22
66 Model 0 3D 1,902 3,925 0 1/1/24
67 Model 0 2C 1,730 3,925 0 1/1/24
73 SOLD 8 5B 1,783 4,497 1 11/24/21 6/30/22
74 SOLD 8 2D 1,730 3,925 2 7/15/22 9/16/22
75 SOLD 8 2C 1,730 3,925 1 1/18/22 7/13/22
76 SOLD 8 1B 1,579 3,925 2 12/5/21 7/22/22
77 SOLD 9 1C 1,579 4,100 1 8/15/22 9/28/22
79 Pending 9 2B 1,730 4,097 2 4/14/22 10/13/22
80 Pending 9 3D 1,902 5,790 2 3/12/22 10/20/22
81 Pending 10 3A 1,902 4,769 1 4/8/22 12/29/22
82 Pending 10 2B 1,730 3,925 1 4/18/22 12/22/22
87 Pending 10 2B 1,730 4,705 2 3/26/22 11/1/22
88 SOLD 9 3C 1,902 4,662 1 1/8/22 9/21/22
91 SOLD 9 2D 1,730 4,065 2 7/17/22 9/8/22
93 SOLD 8 2B 1,730 4,065 1 12/28/21 6/14/22
94 SOLD 8 3A 1,902 4,065 2 5/22/22 7/25/22
97 Pending 11 3C 1,902 4,428 2 7/27/22 2/22/23
148 Pending 11 2C 1,730 4,266 2 7/25/22 3/8/23
150 Pending 11 3C 1,902 4,267 0 5/22/23
167 Pending 10 3B 1,902 6,310 2 3/29/22 11/17/22
168 Pending 10 4E 2,011 5,659 2 4/3/22 11/23/22
169 Pending 10 3C 1,902 5,591 2 3/30/22 12/6/22
170 Pending 10 4D 2,011 5,106 2 9/2/22 12/15/22
Twin Oaks Occupant Density
01/22/2023
Number of Singles 31
Number of Couples 53
% Singles 0.369
Total Homes 84
Total Residents 137
Average Home Density 1.631
Average Lot Size 4,315
Average Home Size 1,794
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: APRIL 17, 2023
SUBMITTED: April 7, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Development Services
Christine Hopper, Development
Services Director
TITLE OF ITEM: PRESENTATION REGARDING REQUEST FOR WAIVER OF FEES FOR 221 HAWKINS STREET
BRIEF DESCRIPTION: Request for fee waiver to be presented by Alan Brookshire, owner of the property at 221 Hawkins Street.
RECOMMENDATION: Receive the presentation and possibly discuss and provide direction regarding request for fee waiver.
DEPARTMENT SUMMARY:
Mr. Alan Brookshire, owner of the property at 221 Hawkins Street, is requesting that the City Council consider waiving fees for the City to process a new development application at the aforementioned site. This request is before Council because Mr. Brookshire received information from the previous City Manager that fees for the new application would be waived.
The Hollister Municipal Code allows the City Manager to waive fees if given author by the City Council. To date, the City Council has not delegated such authority.
The timeline below shows the events of the previous development application and current request for fee waiver:
221 Hawkins Project History Facts:
May – October 2018 Applications received for Minor Subdivision (MS 2018-3), Site & Architectural Review (S&A 2018-7) and Conditional Use Permit (CUP 2018-10)
September 27, 2018 Planning Commission adopted Resolutions 2018-36 and -37 approving MS 2018-3 and S&A 2018-7 (Project appealed to City Council)
December 20, 2018 Planning Commission adopted Resolution 2018-51 approving CUP 2018- 10 November 19, 2018 City Council adopted Resolution No. 2018-301 upholding Planning Commission approval
September 24, 2020 Development Services Director Swanson administratively approves two (2)-year extension to MS 2018-3 to September 28, 2022
September 27, 2020 Site and Architectural Review (S&A 2018-7) Expired (no extension requested by applicant)
December 20, 2020 Conditional Use Permit (CUP 2018-10) Expired (no extension requested by applicant)
June 3, 2021 Application for Amendment to MS 2018-3 – Modify Condition of Approval H.3
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July 11, 2022 Application for one (1)-year extension of MS 2018-3
August 25, 2022 Planning Commission granted 90-day extension to MS 2018-3
December 15, 2022 Planning Commission denied Minor Subdivision 2018-3 Extension and “directed Planning staff to assist the applicant in developing a new project design that is in substantial conformance with the Hollister Municipal Code at no cost to applicant.” (Quoted text from December 15, 2022 Planning Commission minutes) (Staff Report and Minutes as ATTACHMENTS 1 & 2).
December 16, 2023 Applicant’s representative, Anne Hall, requested (via email) City Manager waive “all city staff fees” for a new project and City Manager agrees to Ms. Hall’s request (ATTACHMENT 3).
April 7, 2023 The applicant’s representative provided staff an overview of the project history from the applicant’s perspective on (ATTACHMENT 4).
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Project Fees Paid to Date (City Records)
Date Description Fees Paid ($)
5/17/2018 MS 2018-3 Application Fee 1,536.00
8/15/2018 S&A 2018-7 Application Fee 1,308.00
9/27/2018 Postage Reimbursement 23.50
10/2/2018 CUP 2018-10 Application Fee 1,498.00
12/17/2018 Building Plan Check Fees 1,117.80
12/17/2018 Building Plan Check Fees 1,080.89
4/22/2021 Engineering & Inspection Fees 4,712.33
6/2/2021 Map Check Fees 1,795.00
6/29/2021 MS 2018-3 Amendment Application Fee 768.00
7/11/2022 MS 2018-3 Extension Application Fee (MS) 2,573.75 7/11/2022 MS 2018-3 Extension Application Fee (General Plan Fee) 104.80 7/11/2022 MS 2018-3 Extension Application Fee (Technology Fee) 119.77 7/11/2022 MS 2018-3 Extension Application Fee (Postage Fee) 420.44 11/8/2022
Traffic Analysis/Initial Study (City Project Management & Preparation of IS) 8,243.00
11/8/2022 Traffic Analysis/Initial Study (Kimley-Horn TO 2022-52) 6,435.00 TOTAL 31,736.28
PROFESSIONAL SERVICES DIRECT EXPENSES
10/7/2021 Map Review - Kelley Engineering 1,270.00
6/23/2022 Legal Services (Michael Coluontuono) 84.50
6/23/2022 Legal Services (Michael Coluontuono) 3,593.50 1/5/2023 Traffic Analysis - Kimley-Horn 6,028.88
2/2/2023 Traffic Analysis - Kimley-Horn 399.15
TOTAL 11,376.03
Original Application Fees - 2018
Minor Subdivision $1,536.00
Site and Architectural Review, Residential – 3 units $1,308.00 Conditional Use Permit $1,498.00
Total $4,342.00
Estimated FY 2022-23 Project Fees (for new project with same description)
Minor Subdivision $7,607.78
Site and Architectural Review, Residential – 3 units $6,677.91 Conditional Use Permit $5,619.03
Total $19,904.72 *
*Estimated fees based on 2022 Development Fees. Fees do not include prepar ation of Environmental Document.
ATTACHMENTS:
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1. Attachment 1 December 15, 2022 PC Staff Report
2. Attachment 2 December 15 2022 PC Minutes
3. Attachment 3 December 16, 2022 A. Hall email to City Manager with Response
4. Attachment 4 Applicant-provided Overview of Brookshire Project
THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
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SUBJECT: Extension of Time and Modification to Conditions of Approval – Minor Subdivision No. 2018-3 to subdivide approximately 4,422 SF (0.1015 acres) into three (3) individual residential lots located at 221 Hawkins Street (Assessor’s Parcel Number 056-061-002) within the Downtown Mixed Use (DMU) Zoning District. The project site is located on the south side of Hawkins Street between San Benito Street to the west and East Street to the east.
STAFF PLANNER: Adrianna Ortiz, Development Services Director (831) 636-4360 Eva Kelly, Interim Planning Manager
Erica Fraser, AICP, Consulting Planner
ATTACHMENTS: 1. Kimley-Horn Preliminary Focused Traffic/Circulation Analysis
2. Planning Commission Resolution No. 2018-36
3. August 25, 2022 Planning Commission Staff Report (without attachments)
4. August 25, 2022 Meeting Recording Link
( https://www.youtube.com/watch?v=BwO8_-FWzvE&t=3084s)
5. 2022 AEP California Environmental Quality Act Statute and Guidelines (link only)
https://www.califaep.org/docs/2022_CEQA_Statue_and_Guidelines . pdf
RECOMMENDATION: Provide Staff with Direction
BACKGROUND:
Minor Subdivision (2018-3) Approval
On September 27, 2018, the City of Hollister Planning Commission adopted PC Resolution 2018-36 and PC Resolution 2018-37, which approved Minor Subdivision (MS) 2018-3 and Site & Architectural Review (S&A) 2018-7 for the project located at 221 Hawkins Street. The approval of this project was then appealed to the City Council. On November 19, 2018, the City Council adopted Resolution No. 2018-301 upholding the Planning Commission’s approval of Minor Subdivision 2018-3 and Site and Architectural Review 2018-
7. The approved Minor Subdivision (2018-3) allowed for the subdivision of the existing 4,410 SF parcel
Planning Commission
Staff Report
December 15, 2022
Item 1
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MS 2018-3 Extension
located at 221 Hawkins Street (APN 056-091-002) in the Downtown Mixed-Use (DMU) Zoning District, into three parcels.
Figure 1: Approved Minor Subdivision 2018-3 Map
Prior to approval of the minor subdivision, the City’s Design Review Committee (DRC) reviewed the request with respect to safety, circulation and requirements of the Municipal Code. Their concerns and any required improvements to ensure safety were included in the Conditions of Approval for the Minor Subdivision included as Attachment 2. Based on the condition of the alley and the location of the existing utility pole, Conditions 11, 63, and 68 were included to ensure safety in the alley.
Minor Subdivision, Site and Architectural Review, and Conditional Use Permit Expiration
The approval for MS 2018-3 was set to expire on September 27, 2020. At the request of the Applicant, former Development Services Director Bryan Swanson issued a letter approving a two year extension of the approval of Minor Subdivision 2018-3.
The Applicant did not request approval of an extension of the Site and Architectural Review and Conditional Use Permit approval at that time. Those approvals expired on September 27, 2020 (S&A 2018- 7) and December 20, 2020 (CUP 2018-10). Should the Applicant wish to construct a project on the site, H.3.a
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MS 2018-3 Extension
the Applicant will need to apply for a new Site and Architectural Review as well as a Conditional Use Permit (if necessary). No Applications for a Site and Architectural Review or Conditional Use Permit have been submitted at this time.
The two year extension issued by Bryan Swanson was set to expire on September 27, 2022. In accordance with Section 16.44.060 of the Municipal Code, the Applicant applied for a one year extension of the approval prior to expiration.
Applicant’s Request
On June 3, 2021, the Applicant submitted a request for a modification to the adopted Conditions of Approval (PC Resolution 2018-36) to remove the requirement to underground the existing utility pole at the rear (south) of the property as required by Condition of Approval No. 11 (Attachment 2).
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Staff Report
MS 2018-3 Extension
Figure 2: Existing Utility Pole
On June 23, 2022, the Planning Division brought the request to the Planning Commission for review during a public hearing. Staff expressed safety concerns regarding the location of the above ground utility pole.
Following the meeting, the Applicant applied for an extension of MS 2018-3.
On August 25, 2022, the Planning Division brought the matter to the Planning Commission for review during a Public Hearing for the request to extend the approval of the map, which had the condition to underground removed by the Planning Commission in June. Upon the completion of Staff’s review of the project, to allow for the preparation the draft written findings for approval of the project, Staff 221 Hawkins Street
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MS 2018-3 Extension
determined that the project was no longer exempt from review under the California Environmental Quality Act (CEQA). Additionally, upon reviewing the request for an extension of the approval of the map, Staff determined that the subdivision did not comply with the requirements of the General Plan or Zoning Ordinance (Attachment 3).
At the meeting, the Planning Division expressed concerns regarding safety and potential liability to the City if the utility pole were allowed to remain above ground in the current location. Staff recommended the Planning Commission deny the request to modify the conditions of approval and require the utility pole to be undergrounded as previously required.
Furthermore, upon review of the extension request, Staff determined that the project was not consistent with the requirements of the Municipal Code or General Plan. In the Staff Report available for all meetings, Staff is required to evaluate all projects and requests for an extension of the approval of a project with regards to current regulations (which may have been enacted after project approval) as well as ensure that the extension and project is consistent with the requirements of the General Plan and Municipal Code in order to allow the Planning Commission or City Council make an info rmed decision regarding the proposed project.
At the meeting, the Planning Commission provided a 90-day extension and directed Staff to review the project under the requirements of the California Environmental Quality Act (CEQA) and prepare an Initial Study and any other documents as required pursuant to the CEQA. The August 25, 2022 meeting can be viewed via the City’s YouTube Channel ( https://www.youtube.com/watch?v=BwO8_-FWzvE&t=3084s) starting at minute 24.
Following the August 25, 2022 Planning Commission meeting, the unnamed alley at the rear of the property was opened by the City. Pursuant to Condition of Approval 68, this alley was not intended to be opened until right before recordation of the Final Map. This was intended to allow for the opening of the alley immediately prior to site work on the site which would have improved the alley and move the utility pole outside of the alley right-of-way for safety.
On November 17, 2022, the Planning Commission reviewed a request by the Planning Division to extend the 90 day allotment for the preparation of an Initial Study to allow Staff to complete the Study. The Planning Commission approved Staff’s request for an extension of the initial 90 day period for CEQA review in order to complete the Initial Study.
ANALYSIS:
Staff has provided a discussion of the requested approval of an extension of the subdivision and the request to allow the utility pole to remain above ground in its current location.
Minor Subdivision Approval Extension
The Applicant is requesting approval of an extension of the approval period of Minor Subdivision 2018-3.
The original approval was for a period of two years. The two year approval period was then extended by Bryan Swanson (former Development Services Director) for an additional two years. The Applicant is requesting a second extension for a period of one (1) year pursuant to Section 16.44.060 of the Municipal H.3.a
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MS 2018-3 Extension