Agenda packet — Hollister City Council, May 15, 2023

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
May 15, 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/

TELECONFERENCE NOTICE
Pursuant to Government Code Section 54953, subdivision (b), the following Council meeting will include teleconference participation by Councilmember Dolores Morales from 625 Park Ave., Arcata, CA 95521. This Notice and Agenda will be posted at the teleconference location. Public comment from this address shall be allowed pursuant to Government Code Section 54953.3.

The public hearing to consider introduction of “an Ordinance of the City of Hollister Approving Zoning Ordinance Amendment 2023-5 to Amend the City of Hollister Municipal Code to repeal Chapter 17.22.235 - Mobile Food and replace with a new Chapter 10.50. and amend Chapter 17 to address zoning districts where mobile food vending is permitted” has been continued to June 5, 2023.

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.

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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):
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)

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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

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision (d) of Section 54956.9 1 potential case

PLEDGE OF ALLEGIANCE

ROLL CALL

VERIFICATION OF AGENDA POSTING

CLOSED SESSION - REPORT OUT

PROCLAMATIONS/RECOGNITIONS

1. Presentation of Certificates of Appreciation- Aaliyah Gomez (City Clerk)

2. Presentation by United Way of San Benito County regarding their 211 Program (City Clerk)
A. COUNCIL BUSINESS

1. Consideration of Action Pertaining To The Alleged Conduct Of Councilmember Rolan Resendiz Toward Other Members of the Council in Alleged Violation of the Council Code of Ethics and Conduct (City Attorney) BRIEF DESCRIPTION: Pursuant to the Council Code of Ethics and Conduct, the Mayor is bringing forward an agenda item to take potential action against Councilmember Resendiz regarding alleged inappropriate conduct.

RECOMMENDATION: 1) Discuss options for possible action; and 2) 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

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items unless requested by a member of the City Council, a staff member, or a member of the public.

Consent items are numbers B1 - B11.

1. The minutes of the Regular Meeting of City Council May 1, 2023

2. Claim Against the City - Filed by Mayda Cortes (City Clerk) BRIEF DESCRIPTION: Mayda Cortes filed a claim against the City on April 26, 2023.

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

3. Resolution No. 2023-77 A resolution of the City Council of the City of Hollister Approving Temporary Closure of McCarthy Street, from Alvarado Street to South Chappell Road, for the City of Hollister Recreation Department Concert in the Parks series to be held on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023 and Saturday, September 16, 2023 (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 10:00 p.m. on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023, and Saturday, September 16, 2023, for the City of Hollister Parks and Recreation Department Concert in the Parks series.

RECOMMENDATION: Adopt a resolution approving the temporary closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 10:00 p.m. on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023, and Saturday, September 16, 2023, for the City of Hollister Parks and Recreation Department Concert in the Parks series.

4. Resolution No. 2023-78 A resolution of the City Council of the City of Hollister approving the temporary closure of McCarthy Street, from Alvarado Street to South Chappell Road, for the City of Hollister Recreation Department Movie Under the Stars event to be held on Friday, July 14, 2023 (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023, for the City of Hollister Parks and Recreation Department Movie Under the Stars event.

RECOMMENDATION: Adopt a resolution to temporarily close McCarthy

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Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023, for the City of Hollister Parks and Recreation Department Movie Under the Stars event.

5. Resolution No. 2023-79 A resolution of the City Council of the City of Amending Resolution 2023-31 to authorize the temporary closure of a portion of Sixth Street between San Benito Street and East Street (City Clerk)
BRIEF DESCRIPTION: On March 20, 2023 the City Council adopted Resolution 2023-31 authorizing a temporary street closure for a weekly farmers’ market. Due to the popularity of the weekly event, the Hollister Downtown Association requests an additional temporary street closure of a portion of Sixth Street between San Benito Street and East Street.

RECOMMENDATION: Adopt a resolution amending Resolution 2023-31 authorizing the temporary street closure of a portion of Sixth Street between San Benito Street and East Street from 1:00 p.m. to 9:00 p.m. each Wednesday from May 17, 2023 through October 11, 2023, for a weekly farmers’ market.

6. Resolution No. 2023-80 A resolution of the City Council of the City of Hollister approving the temporary street closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event (Recreation)
BRIEF DESCRIPTION: This resolution will authorize the temporary closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event on Sunday, June 25, 2023.

RECOMMENDATION: Adopt a resolution approving the temporary street closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event.

7. Resolution No. 2023-81 A resolution of the City Council of the City of Hollister opposing Initiative No. 21-0042A1, The Taxpayer Protection and Government Accountability Act (City Attorney)
BRIEF DESCRIPTION: Information regarding the negative impacts of the Taxpayer Protection and Government Accountability Act. If passed, this act would impact the manner in which fee revenue and/or taxes are enacted and increased. Passage would also endanger any new increases after January 1, 2022.

RECOMMENDATION: Adopt a resolution opposing Initiative No. 21- 0042A1, the Taxpayer Protection and Government Accountability Act.

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8. Resolution No. 2023-82 A Resolution of the City Council of the City of Hollister Approving a Letter of Support for the City of Hollister’s Safe Streets and Roads for All Grant Application; Authorizing the Mayor to Sign the Letter of Support; and Directing the City Manager to Submit the Application (Engineering)
BRIEF DESCRIPTION: As part of the FY 2023/2024, 10-Year Capital Improvement Program (CIP), staff intends to propose a Safe Routes to School, Parks, and the Community Center Study (Study). If the U.S.

Department of Transportation’s Safe Streets and Roads for All Grant is awarded to the City, it will fund all or a portion of the Study.

RECOMMENDATION: Adopt a resolution approving the letter of support for the City of Hollister’s application for the Safe Streets and Roads for All Grant and authorizing the Mayor to sign the letter of support; and directing the City Manager to submit the application.

9. Resolution No. 2023-83 a Resolution of the City Council of the City of Hollister Approving the Contractual Agreement for an Independence Day Firework Show with Pyro Spectaculars North, Inc to be held on July 1, 2023 (Recreation)
BRIEF DESCRIPTION: This resolution would approve an agreement with Pyro Spectaculars North, Inc., for a firework show at Brigantino Park on Saturday, July 1, 2023.

RECOMMENDATION: Adopt a resolution approving an agreement with Pyro Spectaculars North, Inc., for a firework show at Brigantino Park on Saturday, July 1, 2023.

10. Resolution No. 2023-84 A resolution of the City Council of the City of Hollister awarding a contract for services to eScribe Software Ltd., for City Council, boards, commissions, and committee agenda and meeting automation management (City Clerk)
BRIEF DESCRIPTION: The City’s current agenda management software will no longer be supported after 2023. The City issued a Request for Proposals (RFP) on March 1, 2023, and received four qualified proposals.

After careful review and consideration, the City Clerk’s office recommends awarding the contract to eScribe Software Ltd.

RECOMMENDATION: Adopt resolution authorizing the City Manager to enter into a contract with eScribe Ltd. for automated agenda and meeting management software and video streaming system.

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11. Resolution No. 2023-85 A Resolution of the City Council of the City of Hollister Accepting the Improvements in the Public Right-of-Way and Other Areas Designated for Public Use within the Cerro Verde Subdivision; and Accepting the Offers of Dedication Shown in the Final Map for, or Separately Recorded Against, the Property (Engineering) BRIEF DESCRIPTION: Consider accepting the improvements in the public right-of-way and other areas designated for public use within the Cerro Verde Subdivision; and accept the offers of dedication shown in the final map for, or separately recorded against, the property.

RECOMMENDATION: Accept the improvements constructed within Cerro Verde Subdivision and accept the offers of dedication shown in the final map for, or separately against, the property.

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

1. Ordinance No. 1233 An Ordinance of the City of Hollister Amending the Municipal Code to add Article X-Outside Sewer Connections to Chapter

13.04 Sewer Service System of the Municipal Code (Planning) DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to add Article X. - Outside Sewer Connections to Chapter 13.04 Sewer Service System of the Municipal Code to include

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regulations for requests to connect properties located outside of the City to the City’s sanitary sewer service system.

RECOMMENDATION: Hold a public hearing and introduce an ordinance of the City of Hollister amending Chapter 13.04 Sewer Service System of the Hollister Municipal Code and schedule a second reading and adoption of the Ordinance for the June 5, 2023 City Council Meeting.

G. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

1. Resolution No. 2023-86 A Resolution to approve the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street and authorize the Interim City Manager to execute all necessary documents to effectuate the purchase (City Manager) BRIEF DESCRIPTION: Consider adopting a resolution approving the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street in Hollister.

RECOMMENDATION: Adopt a resolution approving the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street (APN# 051-090-027) in Hollister for $1,625,000 and authorize the Interim City Manager to execute all necessary documents to effectuate the purchase.

2. Resolution No. 2023-87 A Resolution of the City Council of the City of Hollister authorizing the Hollister Fire Department to release a request for proposal (RFP) for consulting firms/consultants to develop a fire department master plan, standards of coverage (SOC), and strategic plan (Fire)
BRIEF DESCRIPTION: The City Council will consider a resolution authorizing staff to release a Request for Proposals (RFP) to consultant firms or consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and Strategic Plan.

RECOMMENDATION: Adopt a resolution authorizing staff to release a Request for Proposals (RFP) to consultant firms or consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and a Strategic Plan.

3. Resolution No. 2023-88 A Resolution of the City Council of the City of Hollister Approving the Draft Engineer’s Report for the Levy and Collection of Assessments for Landscape and Lighting District No. 93-1 For Fiscal Year 2023/2024 (Engineering)

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BRIEF DESCRIPTION: Consider approving the Draft Engineer’s Report, as filed, or may be modify the report in any particular and approve it as modified for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.

STAFF RECOMMENDATION: Adopt a resolution approving the Draft Engineer’s Report, as filed, for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.

4. Resolution No. 2023-89 A Resolution of the City Council of the City of Hollister Adopting the Resolution of Intention of the City Council to Levy and Collect Assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and Setting the Public Hearing by the City Council for the Levy and Collection of Assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 for June 5, 2023 at 6:30 p.m. in City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA 95203 (Engineering)
DESCRIPTION: Consider declaring the intention of the City Council to levy and collect assessments for Landscape & Lighting District 93-1 for Fiscal Year 2023/2024 and setting the time and place for a public hearing by the City Council on the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.

STAFF RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister declaring the intention of the City Council to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and setting the public hearing by the City Council for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 for June 5, 2023 at 6:30 pm in the City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA 95203.

5. Ordinance No. 1234 An Ordinance of the City of Hollister Amending Section

2.04.320 of Chapter 2.04 of the City of Hollister Municipal Code Relating to City Council Salary (City Attorney)
DESCRIPTION: Amending Section 2.04.320 of the Municipal Code will increase Council Salary from $400.00 to $820.00 per month effective the date of the November 2024 City Council election.

RECOMMENDATION: Introduce an ordinance of the City of Hollister amending Section 2.04.320 of Chapter 2.04 of the City of Hollister Municipal Code to increase City Council salary.

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

1. Reports from City Council Members regarding Committees on which they serve
Receive oral reports from members regarding the activities of various Ad Hoc and Standing City Council Committees.

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

I. UNFINISHED BUSINESS

1. Updated City Council Projects (City Manager)
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

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.

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The next City Council Meetings are scheduled as follows:

Regular City Council Meeting -- Monday, June 5, 2023, at 6:30 PM Special City Council Meeting – Monday, June 12, 2023, at 5:00 PM Regular City Council Meeting --Tuesday*, June 20, 2023, at 6:30 PM (*Due to Juneteenth Holiday, observed on Monday, June 19th)
Legislative Recess -- No regular City Council Meetings in July Regular City Council Meeting -- Monday, August 7, 2023 at 6:30 PM

Aaliyah Gomez

C E R T I F I C A T E

FOR HER SERVICE ON THE CITY OF HOLLISTER

PARKS AND RECREATION COMMISSION

O F A P P R E C I A T I O N

J E N N I F E R W O O D W O R T H , C I T Y C L E R K M I A C A S E Y , M A Y O R

T H I S C E R T I F I C A T E I S P R O U D L Y P R E S E N T E D T O

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

SPONSOR(S): Resendiz

TITLE OF ITEM: PRESENTATION BY UNITED WAY OF SAN BENITO COUNTY REGARDING THEIR 211 PROGRAM

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: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

SPONSOR(S): Casey

TITLE OF ITEM: CONSIDERATION OF ACTION PERTAINING TO THE ALLEGED

CONDUCT OF COUNCILMEMBER ROLAN RESENDIZ TOWARD OTHER MEMBERS OF

THE COUNCIL IN ALLEGED VIOLATION OF THE COUNCIL CODE OF ETHICS AND

CONDUCT

BRIEF DESCRIPTION: Pursuant to the Council Code of Ethics and Conduct, the Mayor is bringing forward an agenda item to take potential action against Councilmember Resendiz regarding alleged inappropriate conduct.

RECOMMENDATION: 1) Discuss options for possible action; and 2) Take a vote on possible remedial action.

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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CITY COUNCIL OF THE

CITY OF HOLLISTER

Minutes of Special and Regular Meeting
May 1, 2023

PUBLIC PARTICIPATION NOTICE

CALL TO ORDER
Mayor Casey called the special meeting of the City Council of the City of Hollister to order at 5:30 p.m.

CLOSED SESSION - 5:30 P.M.

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

Mayor Casey opened public comment at 5:30 p.m.

There were no speakers for the closed session items.

Mayor Casey closed public comment at 5:30 p.m.

City Attorney Lerner read the closed session item titles.

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 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

3. 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

Councilmember Resendiz moved, and Councilmember Morales seconded the motion to adjourn into closed session. Motion carried 4-0-0 (Councilmember Perez absent).

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The special meeting adjourned at 6:44 p.m.

PLEDGE OF ALLEGIANCE
Councilmember Resendiz led the Pledge of Allegiance.

ROLL CALL
The Regular Meeting of the City Council was called to order by Mayor Mia Casey on May, 1, 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
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 Acting City Manager Present
Gordon Machado City Treasurer Absent

VERIFICATION OF AGENDA POSTING
City Clerk Woodworth reported the agenda for the City Council of the City of Hollister special and regular meeting of May 1, 2023 was posted on the bulletin board at City Hall on April 27, 2023 at 3:55 p.m. per Government Code Section 54954.2.

CLOSED SESSION - REPORT OUT
City Attorney Lerner stated no reportable action was taken in closed session.

PROCLAMATIONS/RECOGNITIONS

1. Presentation of Certificate of Appreciation - Sarah Nordwick

Vice Mayor Morales presented the certificate of appreciation to Sarah Nordwick.

2. Proclamation Honoring the 35th Anniversary of Bill’s Bullpen

Mayor Casey read and presented the proclamation to Bill Mifsud, Jr. to honor the 35th anniversary of Bill's Bullpen.

3. Proclamation Declaring May as Poppy Month and May 27, 2023 as Poppy Day

Mayor Casey read and presented the proclamation to Esther LaPore and Lisa Casarez with the American Legion Auxiliary declaring May as Poppy Month and May 27, 2023 as Poppy Day.

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.

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Mayor Casey announced Item A13 was being moved to the Introduction and Adoption of Resolutions and Ordinances section of the agenda.

Councilmember Burns pulled Item A6 from the consent agenda.

Councilmember Resendiz pulled Item A11 and A12 from the consent agenda.

Mayor Casey opened public comment at 7:02 p.m.

Diane Blakeway commented on the street closure for the SDES Portuguese parade stating the street closure kept members of her congregation from being able to easily access the parking lot and thanked City staff for taking the road blocks down more quickly this year.

Mayor Casey closed public comment at 7:04 p.m.

Councilmember Resendiz requested staff be available during the street closure to let people through if needed.

Councilmember Resendiz moved, and Councilmember Morales seconded the motion to approve the consent agenda items, except for items A6, A11, A12, and A13. 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

Consent items are numbers: A1 through A13.

1. City Council - Regular Meeting - Apr 17, 2023 6:30 PM

2. WARRANT REGISTER - MAY 1, 2023 - AP

3. Claim Against the City - Filed by Dana & Larry Lopez

4. Resolution No. 2023-67 a Resolution of the City Council of the City of Hollister Approving the Temporary Street Closure of Various Streets for the Annual Portuguese Heritage Festival Parade, May 28,2023

5. Resolution No. 2023-68 Resolution of the City Council of the City of Hollister approving temporary street closures of various streets for the City of Hollister Recreation Department, in partnership with the San Benito County Safe Kids Coalition's Annual Kids at the Park Event on June 14, 2023 from 7:30 a.m. to 2:30 p.m.

6. Item A6 was moved to Items Pulled from the Consent Agenda

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7. Resolution No. 2023-69 A Resolution of the City Council of the City of Hollister authorizing the display of the Deferred Action for Childhood Arrivals (DACA) flag May 4 - May 7, 2023 at City Hall

8. Letter of Support - Senate Bill 524 (Caballero): Test and Treat

9. Letter of Support - Senate Bill 621 (Caballero): Health care coverage:
biosimilar drugs

10. Letter of Support - Senate Bill 870 (Caballero): Hospital Closure Prevention Act

11. Item A11 was moved to Items Pulled from the Consent Agenda

12. Item A12 was moved to Items Pulled from the Consent Agenda

13. Item A13 was moved to Introduction and Adoption of Resolutions and Ordinances

ITEMS PULLED FROM CONSENT AGENDA

14. Ratify Appointment to Parks & Recreation Commission (Item A6)

Councilmember Burns thanked Julio Rodriguez for his willingness to serve on the Parks & Recreation Commission.

Mayor Casey opened public comment at 7:08 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 7:08 p.m.

Councilmember Burns moved, and Councilmember Resendiz seconded the motion to appoint Julio Rodriguez to serve on the Parks & Recreation Commission. Motion carried 4-0-0 (Councilmember Perez absent).

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

RECUSED:

ABSTAIN:

ABSENT: Perez

15. Resolution No. 2023-70 A Resolution of the City Council of the City of Hollister Approving the Contribution for Two Years in an Amount Not to Exceed $5,000 per Fiscal Year to United Way of San Benito County 2-1-1 (Item A11)

Councilmember Resendiz requested representatives from United Way provide a presentation regarding the 2-1-1 Program.

City Council Monday, May 1, 2023 Page 5 of 13

Mayor Casey opened public comment at 7:10 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 7:10 p.m.

Councilmember Resendiz moved, and Councilmember Morales seconded the motion to adopt 2023-70. 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

16. Resolution No. 2023-71 A resolution of the City Council of the City of Hollister rejecting the bid received on April 10, 2023 for CIP C1816 West Gateway Improvement Project (Item A12)

City Engineer Glen March provided the staff report.

Councilmember Resendiz requested staff bring this back for Council consideration within the next three months.

Mayor Casey opened public comment at 7:13 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 7:13 p.m.

Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution 2023-71. 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

B. CITY OF HOLLISTER AS THE SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY

City Council Monday, May 1, 2023 Page 6 of 13

C. PUBLIC INPUT
Robb Rodriguez requested a reduced or waived fee for the City's pre-application fee for the proposed Growing Hearts garden center. Mr. Rodriguez provided additional information regarding the Growing Hearts program and proposed garden center.

Peggy Churchill, a founder of Growing Hearts, spoke regarding the role of the Growing Hearts program to provide job opportunities for young adults with special needs.

Kaili Markle shared her experiences and job skills learned while working at Growing Hearts.

Marissa Casarez thanked those who work at Growing Hearts for their contributions to the community

Cooper Aiello thanked Growing Hearts and the staff there for their work there.

Chris Evans, co-founder of Growing Hearts, requested the City Council waive the pre- application meeting fee.

Christopher Avila thanked the City Council for the opportunity's to speak on behalf of Growing Hearts.

Adam Bell commented on how Growing Hearts has helped him and spoke regarding the proposed location of the Growing Hearts garden center.

Arthur Hernandez spoke in support of the City's first responders who kept the City going during the COVID-19 pandemic and continue to work to support the City and its programs. Mr. Hernandez requested the City Council remember its employees and their service during labor negotiations.

D. PETITIONS, REMONSTRANCES AND COMMUNICATIONS

1. City Manager Report

No reports.

2. Trainings and Conferences

The Police, City Clerk, Information Technology, City Attorney, Fire, Development Services, Community Services, Engineering, and City Manager Departments reported on training completed by their staff and members of the Hollister commissions in recent weeks and months.

E. PUBLIC HEARINGS

1. Ordinance No. 2033 1233 : ZOA 2023-4 Inclusionary Housing Ordinance

Interim Planning Manager Eva Kelly introduced Greg Goodfellow and David Early with Placeworks, who provided the staff report. Mr. Goodfellow described the development of the proposed inclusionary housing ordinance and feasibility analysis.

City Council Monday, May 1, 2023 Page 7 of 13

Councilmember Morales inquired regarding the potential height of housing developments available as a density bonus.

Interim Planning Manager Kelly provided information regarding potential development impact fees that are required of new developments, which address support for police and fire services.

Fire Chief Bob Martin del Campo provided additional information regarding the Fire Department's current ability to access upper stories of buildings.

Councilmember Morales and Mayor Casey requested additional information regarding a public outreach meeting.

David Early reported the City Council held a study session as part of the public outreach process and received public comment at that meeting in January 2022.

Mayor Casey opened the public hearing at 8:11 p.m.

G.W. Devon Pack spoke regarding the builder's remedy allowed by the Affordable Housing Act and potential implications if a builder is successful in a lawsuit to nullify a city's housing element. Mr. Pack commented on inclusionary housing ordinances in nearby communities.

Dennis Martin spoke on behalf of Building Industrial Association of the Bay Area regarding a letter sent by that organization requesting the City of Hollister reach out to builders and other stakeholders. Mr. Martin spoke against adoption of the inclusionary housing ordinance and supported continuing the item until after additional stakeholder outreach can be completed.

Mayor Casey closed the public hearing at 8:17 p.m.

Councilmember Burns moved to continue the item until after development community members are able to speak to the item. Councilmember Burns supported inclusion of 4% of housing to be workforce housing, similar to that in Salinas.

Mayor Casey moved to amend the motion to continue the item and requested an additional community outreach meeting and study session.

Councilmember Morales seconded the amended motion.

Councilmember Resendiz supported adoption of the inclusionary housing ordinance.

The City Council recessed at 8:21 p.m. and reconvened at 8:26 p.m. with all Councilmembers present.

Mayor Casey supported continuing the item until additional stakeholder and community outreach is complete and supported setting the rate at a more reasonable level.

Interim City Manager Mirrione requested additional direction regarding a community meeting.

City Council Monday, May 1, 2023 Page 8 of 13

Mayor Casey suggested holding a community meeting at a location other than at City Hall and to also provide virtual participation options.

Councilmember Burns suggested having the community meeting and City Council study session on a Saturday.

Amended motion carried 3-1-0 (Councilmember Resendiz opposed; Councilmember Perez absent)
RESULT: Tabled to No Date Certain [3 to 1]
MOTION: Mia Casey
SECOND: Dolores Morales
AYES: Casey, Morales, Burns
NOES: Resendiz
RECUSED:

ABSTAIN:

ABSENT: Perez

2. Resolution No. 2023-75 A resolution of the City Council of the City of Hollister Declaring the Condition of Certain Properties to Constitute a Public Nuisance and Ordering the Abatement of Weeds Thereon, and Conducting a Hearing for the Receipt of Objection to the Proposed Abatement

Fire Inspector Sabrina Bracken provided the staff report.

Mayor Casey opened the public hearing at 8:35 p.m.

There were no speakers for this item.

Mayor Casey closed the public hearing at 8:35 p.m.

Councilmember Resendiz moved, and Councilmember Burns seconded the motion to adopt Resolution No. 2023-75. Motion carried 4-0-0 (Councilmember Perez absent).

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

RECUSED:

ABSTAIN:

ABSENT: Perez

F. INTRODUCTION AND ADOPTION OF RESOLUTIONS AND ORDINANCES

City Council Monday, May 1, 2023 Page 9 of 13

1. Resolution No. 2023-74 A resolution of the City Council of the City of Hollister declaring the intention to levy and collect assessments within the Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and giving notice of and setting the time and place for a public hearing by the City Council on the levy of the proposed assessment pursuant to the Landscaping and Lighting Act of 1972

Associate Engineer Cristian Builes provided the staff report and reviewed the process regarding the assessment for Landscape and Lighting District 93-1.

Mayor Casey opened public comment at 8:38 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 8:38 p.m.

Councilmember Resendiz moved, and Councilmember Burns seconded the motion to adopt Resolution No. 2023-74. Motion carried 4-0-0 (Councilmember Perez absent).

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

RECUSED:

ABSTAIN:

ABSENT: Perez

2. Resolution No. 2023-72 A resolution of the City Council of the City of Hollister Adopting the Uniform Public Construction Cost Accounting Act (Item A13)

Item A13 was heard after Item F1.

Assistant City Attorney Jennifer Thompson and described the Uniform Public Construction Cost Accounting Act and its potential implementation if approved by the City Council.

Councilmember Morales requested expansion to contact both target populations when notifying regarding upcoming procurement opportunities and require a trained and skilled workforce.

Mayor Casey opened public comment at 8:46 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 8:46 p.m.

Councilmember Morales moved, and Councilmember Resendiz seconded the motion to adopt Resolution No. 2023-72 with the expanded requirement to contact trade

City Council Monday, May 1, 2023 Page 10 of 13

journals and contact individual contractors and require a trained and skilled workforce.

Assistant City Attorney Thompson reported state law requires a bid be awarded to the lowest responsive and responsible bidder, so additional requirements related to a trained and skilled workforce may not be allowed. Assistant City Attorney Thompson suggested including a definition of responsible bidder when drafting the City's procurement policy and stated she can research the topic more before the Council makes a determination regarding the Uniform Public Construction Cost Accounting Act.

Councilmember Resendiz withdrew his second.

Councilmember Morales withdrew her motion.

By consensus, the City Council directed staff to return with this item at a future date.

RESULT: Withdrawn
MOTION:

SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

3. Ordinance No. 2034 1234: Ordinance - Uniform Public Construction Cost Accounting Act

RESULT: Withdrawn
MOTION:

SECOND:

AYES:

NOES:

RECUSED:

ABSTAIN:

ABSENT:

4. Resolution No. 2023-76 a Resolution of the City Council of the City of Hollister to Adopt a Policy Regarding Council Requests for Future Agenda Items and Information

City Clerk Jennifer Woodworth provided the staff report.

Mayor Casey opened public comment at 8:54 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 8:54 p.m.

City Council Monday, May 1, 2023 Page 11 of 13

Councilmember Resendiz moved, and Councilmember Burns seconded the deny to Resolution No. 2023-76. Motion failed 2-2-0 (Mayor Casey and Councilmember Morales opposed; Councilmember Perez absent).

RESULT: Motion Fails [2 to 2]
MOTION: Rolan Resendiz
SECOND: Tim Burns
AYES: Resendiz, Burns
NOES: Casey, Morales
RECUSED:

ABSTAIN:

ABSENT: Perez

5. Resolution No. 2023-73 A resolution of the City Council of the City of Hollister approving an agreement to nominate the City’s 2022 City Wide Slurry Seal Project to the California Transportation Commission for receipt of Local Partnership Program Formulaic (LPP-F) funds totaling $600,000 and approve an agreement exchanging $600,000 of the City’s Surface Transportation Block Grant (STBG) funds for $600,000 LPP-F funds, and sub-allocate the SBGT funds to the local jurisdictions using the COG’s adopted formula.

Interim City Manager Mirrione provided the staff report.

Mayor Casey opened public comment at 9:08 p.m.

There were no speakers for this item.

Mayor Casey closed public comment at 9:08 p.m.

Councilmember Burns moved, and Councilmember Morales seconded the motion to adopt Resolution No. 2023-73. 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

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

1. Presentation regarding impact fees for the Twin Oaks Subdivision

Marty Miller the developer for the Twin Oaks subdivision provided a presentation and requested the City Council direct City staff designate homes in the Twin Oaks development as multifamily (1 bedroom or less).

City Council Monday, May 1, 2023 Page 12 of 13

Associate Engineer Builes reviewed the amount of fees the developer has previously received credit for and provided additional information regarding how impact fees are structured based on density.

The City Council declined to take action on the item.

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

Councilmember Resendiz reported he met with City staff and youth at the Ezperanza Center to discuss the raising of the Progress Pride flag on June 25, 2023.

Mayor Casey reported she attended a meeting of the animal control ad hoc committee to discuss the animal shelter and had representatives from various nearby animal shelters attend to discuss best practices.

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

Councilmember Burns requested staff review illegal signage posted around the city, including yard sale signs, and asked staff to enforce the codes. Councilmember Burns requested additional information regarding the pre-application fee and its potential waiver as requested by the Growing Hearts organization. Councilmember Burns offered to waive the fee using his discretionary funds either this current fiscal year or next.

Councilmember Resendiz reported a local business owner contacted him and requested refund of a conditional use permit fee for a conditional use permit that was not processed. Councilmember Resendiz stated the Mayor told him that "he would be censured if he made mention of developer support for her and other Councilmembers". Councilmember Resendiz stated the Mayor told him she "would be happy to censure him and bring up the code of Conduct."

Councilmember Morales thanked the community and supported the City Council doing the work of the City.

Mayor Casey stated she does not feel it is appropriate for members of Council to make accusations against other members at the dais and requested a future Council agenda item at the next Council meeting on the topic.

Interim City Manager Mirrione requested and received Council consensus to move forward with the following agenda items: additional information regarding the pre - application fee and a potential waiver as requested by the Growing Hearts organization; response to a request to refund of a conditional use permit fee for a conditional use permit that was not processed; and an agenda item regarding accusations made by Councilmember Resendiz.

H. UNFINISHED BUSINESS

1. Updated City Council Projects

I. NEW BUSINESS

City Council Monday, May 1, 2023 Page 13 of 13

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

REDEVELOPMENT AGENCY
L. ADJOURNMENT
Councilmember Morales moved, and Councilmember Burns seconded the motion to adjourn the meeting at 10:03 p.m. Motion carried 4-0-0 (Councilmember Perez absent).

Respectfully submitted,

Jennifer Woodworth, MMC
City Clerk

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: April 28, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Angie Gonzalez, Deputy City
Clerk

TITLE OF ITEM: CLAIM AGAINST THE CITY - FILED BY MAYDA CORTES

BRIEF DESCRIPTION: Mayda Cortes filed a claim against the City on April 26, 2023.

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

DEPARTMENT SUMMARY: Mayda Cortes filed a claim against the City on April 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. 20230426_Mayda Cortes 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: MAY 15, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-77, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING TEMPORARY CLOSURE OF MCCARTHY STREET,

FROM ALVARADO STREET TO SOUTH CHAPPELL ROAD, FOR THE CITY OF

HOLLISTER RECREATION DEPARTMENT CONCERT IN THE PARKS SERIES TO BE HELD ON THURSDAY, AUGUST 10, 2023, THURSDAY, AUGUST 24, 2023, THURSDAY, SEPTEMBER 7, 2023 AND SATURDAY, SEPTEMBER 16, 2023

BRIEF DESCRIPTION: This resolution will authorize the closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 10:00 p.m. on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023, and Saturday, September 16, 2023, for the City of Hollister Parks and Recreation Department Concert in the Parks series.

DEPARTMENT SUMMARY: The City of Hollister Parks and Recreation Department will host a Concert in the Park series at McCarthy Street Park on Thursday, August 10, 2023, Thursday, August 24, 2023, Thursday, September 7, 2023, and Saturday, September 16, 2023. To make the event safe for residents, staff requests temporary street closure along McCarthy Street from Alvarado Street to South Chappell Road. Staff requests that the streets be closed at 4:00 p.m. and reopen at 10:00 p.m.

FINANCIAL IMPACT: Staff time, set up, and take down. The event is budgeted in the proposed FY 2023-2024 budget.

CEQA: N/A

ATTACHMENTS:

1. Concerts In the Park to CC

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. 2023-77

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING

TEMPORARY CLOSURE OF MCCARTHY STREET, FROM ALVARADO STREET TO

SOUTH CHAPPELL ROAD, FOR THE CITY OF HOLLISTER RECREATION DEPARTMENT CONCERT IN THE PARKS SERIES TO BE HELD ON THURSDAY, AUGUST 10, 2023, THURSDAY, AUGUST 24, 2023, THURSDAY, SEPTEMBER 7, 2023 AND SATURDAY, SEPTEMBER 16, 2023

WHEREAS, The City of Hollister Recreation Department will host a concert in the park series at McCarthy Street Park on August 10, 2023, August 24, 2023, September 7, 2023, and September 16, 2023; and

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

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

Closure of McCarthy Street from Alvarado Street to South Chappell Road from 4:00 p.m. to 10:00 p.m. on August 10, 2023, August 24, 2023, September 7, 2023, and September 16, 2023.

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

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

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-77, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-78, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE TEMPORARY CLOSURE OF MCCARTHY

STREET, FROM ALVARADO STREET TO SOUTH CHAPPELL ROAD, FOR THE CITY OF

HOLLISTER RECREATION DEPARTMENT MOVIE UNDER THE STARS EVENT TO BE HELD ON FRIDAY, JULY 14, 2023

BRIEF DESCRIPTION: This resolution will authorize the closure of McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023, for the City of Hollister Parks and Recreation Department Movie Under the Stars event.

RECOMMENDATION: Adopt a resolution to temporarily close McCarthy Street, between Alvarado Street and South Chappell Road, from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023, for the City of Hollister Parks and Recreation Department Movie Under the Stars event.

DEPARTMENT SUMMARY: The City of Hollister Parks and Recreation Department will host a Movies Under the Stars event at McCarthy Street Park on Friday, July 14, 2023.

To make the event safe for residents, staff requests temporary street closure along McCarthy Street from Alvarado Street to South Chappell Road. Staff requests that the streets be closed at 4:00 p.m. and reopen at 11:00 p.m.

FINANCIAL IMPACT: Staff time, set up, and take down. The event is budgeted in the proposed FY 2023-2024 budget.

CEQA: N/A

ATTACHMENTS:

1. Movie Under the Stars to CC

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. 2023-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE

TEMPORARY CLOSURE OF MCCARTHY STREET, FROM ALVARADO STREET TO

SOUTH CHAPPELL ROAD, FOR THE CITY OF HOLLISTER RECREATION DEPARTMENT MOVIE UNDER THE STARS EVENT TO BE HELD ON FRIDAY, JULY 14, 2023

WHEREAS, The City of Hollister Recreation Department will host a Movie Under the Stars event at McCarthy Street Park on Friday, July 14, 2023; and

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

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

Closure of McCarthy Street from Alvarado Street to South Chappell Road from 4:00 p.m. to 11:00 p.m. on Friday, July 14, 2023.

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

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

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-78, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 4, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: RESOLUTION NO. 2023-79, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMENDING RESOLUTION 2023-31 TO AUTHORIZE THE TEMPORARY

CLOSURE OF A PORTION OF SIXTH STREET BETWEEN SAN BENITO STREET AND

EAST STREET

BRIEF DESCRIPTION: On March 20, 2023 the City Council adopted Resolution 2023- 31 authorizing a temporary street closure for a weekly farmers’ market. Due to the popularity of the weekly event, the Hollister Downtown Association requests an additional temporary street closure of a portion of Sixth Street between San Benito Street and East Street.

DEPARTMENT SUMMARY: This request is for the temporary closure of a portion of Sixth Street between San Benito Street and East Street from 1:00 p.m. to 9:00 p.m. each Wednesday from May 17, 2023 through October 11, 2023, for a weekly farmers’ market and to include certified farmers and vendors. This is in addition to the temporary street closures approved by the City Council in Resolution 2023-31 on March 20, 2023.

Due to the popularity of the weekly Farmer’s Market, the Hollister Downtown Association seeks to expand the footprint of the event by a portion of the block on Sixth Street to allow more visitors to enjoy the Downtown area event.

The hold harmless agreement, street closure permit, and public assembly permit have been submitted to the City Clerk’s Office. The appropriate department heads have approved the street closure and public assembly permits.

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

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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RESOLUTION NO. 2023-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AMENDING RESOLUTION 2023- 31 TO AUTHORIZE THE TEMPORARY CLOSURE OF A PORTION OF SIXTH STREET

BETWEEN SAN BENITO STREET AND EAST STREET

WHEREAS, on March 20, 2023 The Hollister City Council adopted resolution 2023-31 authorizing the temporary closure of San Benito Street from Fifth Street to Seventh Street or alternatively, Sixth Street from San Benito Street to East Street for the Farmer’s Market; and

WHEREAS, the Hollister Downtown Association offers a weekly farmers’ market on Wednesdays from April 19, 2023 through October 11, 2023 that provides a location for certified farmers and vendors to set up booths and sell to the public; and

WHEREAS, the weekly Farmer’s Market had not been held on San Benito Street since 2019 and may need to be adjusted depending on the impact to Downtown businesses; and

WHEREAS, due to the popularity of the event, the Hollister Downtown Association seeks to modify the temporary street closure to include a portion of Sixth Street between San Benito Street and East Street; and

WHEREAS, the City of Hollister Police Department has deemed the additional street closures appropriate for public safety issues.

NOW, THEREFORE, BE IT RESOLVED that closure pursuant to the following will ensure public safety:

Temporary street closure of a portion of Sixth Street between San Benito Street and East Street, from 1:00 p.m. to 9:00 p.m. each Wednesday from May 17, 2023 through October 11, 2023.

Community Services Department will put up barricades and signs to re-route traffic.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-79, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-80, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY STREET CLOSURE OF 5TH

STREET, BETWEEN MONTEREY STREET AND SAN BENITO STREET, FOR THE HOLLISTER PRIDE EVENT.

BRIEF DESCRIPTION: This resolution will authorize the temporary closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event on Sunday, June 25, 2023.

RECOMMENDATION: Adopt a resolution approving the temporary street closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event.

DEPARTMENT SUMMARY: The Hollister Parks and Recreation Department requests temporary street closure of 5th Street, between Monterey Street and San Benito Street, for the Hollister Pride Event on Sunday, June 25, 2023, from 8:30 a.m. to 2:00 p.m.

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

CEQA: N/A

ATTACHMENTS:

1. Hollister Pride Event

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. 2023-80

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE TEMPORARY STREET CLOSURE OF 5TH STREET, BETWEEN MONTEREY STREET AND SAN BENITO STREET, FOR THE HOLLISTER PRIDE EVENT.

WHEREAS, the Hollister Pride Event will be held on Sunday, June 25, 2023; and

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

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

Closure of 5th Street, between Monterey Street and San Benito Street, from 8:30 a.m. to 2:00 p.m.

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

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

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-80, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

SPONSOR(S): Burns

TITLE OF ITEM: RESOLUTION NO. 2023-81, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER OPPOSING INITIATIVE NO. 21-0042A1, THE TAXPAYER

PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT

BRIEF DESCRIPTION: Information regarding the negative impacts of the Taxpayer Protection and Government Accountability Act. If passed, this act would impact the manner in which fee revenue and/or taxes are enacted and increased. Passage would also endanger any new increases after January 1, 2022.

RECOMMENDATION: Adopt a resolution opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

DEPARTMENT SUMMARY:

The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rule s for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.

The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.

The measure would have significant negative impacts on the City of Hollister operations and core service delivery.

The proposed constitutional initiative is sponsored by the California Business Roundtable.

I. MAJOR PROVISIONS

Fees and Charges1:
 Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence.

 Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.”2 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads,

1 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
2 Initiative No. 21-0042A1 (pg.5; (3))
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garbage/refuse, cable, and other corporations) will pay for the use of local public property.

 Prohibits fees on new development based on vehicle miles traveled.

Taxes3:
 Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted4.
 Invalidates Upland decision that allows a majority of local voters to pass special taxes.

The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
 Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.5  Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service)  New taxes can only be imposed for a specific time period.  City charters may not be amended to include a tax or fee.  All state taxes require majority voter approval.

Fines and Penalties6:
 May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

II. POTENTIAL IMPACTS

Fees and Taxes

Local governments levy a variety of fees and other charges to provide core public services.

Major examples of affected fees and charges are:
 Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
 Commercial franchise fees.
 Emergency response fees, such as in connection with DUI.  Advanced Life Support (ALS) transport charges.
 Document processing and duplication fees.
 Transit fees, tolls, parking fees, and public airport and harbor use fees.  Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities.

3 Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
4 Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g) 5 Initiative No. 21-0042A1 (pg.6 (3))
6 Initiative No. 21-0042A1 (pg. 5 (4))

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Most of these would be subject to new standards and limitations under threat of legal challenge.

Based on the current volume of fees and charges imposed by local agencies, including council- adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year inclu ding those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

Hundreds of local tax measures were approved in 20227 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties

Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

III. FISCAL IMPACT

The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide and will put the City of Hollister’s fee and tax revenue at risk. Passage will also lead to increased litigation expenses due to a likely increase in legal challenges to existing or proposed fees and taxes.

FINANCIAL IMPACT: None

CEQA: N/A

ATTACHMENTS:

1. Opposition Letter

7 http://www.californiacityfinance.com/Votes2211final.pdf B.7
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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. 2023-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER OPPOSING INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT

ACCOUNTABILITY ACT

WHEREAS, an association representing California’s wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and

WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and

WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environment; and

WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and

WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and

NOW, THEREFORE, BE IT RESOLVED that the City of Hollister opposes Initiative 21- 0042A1;

BE IT FURTHER RESOLVED, that the City of Hollister will join the No on Initiative 21- 0042A1 coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.

We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-81, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

City Attorney
559-431-5600
Development Services
831-636-4340
City Manager
x 1015
Administrative Services
831-636-4301
Fire Department
831-636-4325
Police Dept.
831-638-4330
Telephone (831) 636-4300 ● Fax (831) 636-4310 ● www.hollister.ca.gov

May 15, 2023

Bismarck Obando
Director of Public Affairs, League of California Cities 1400 K Street, Suite 400
Sacramento, CA 95814

RE: Letter Opposing Initiative 21-0042A1

Director Obando,

On May 15, 2023, the City of Hollister voted to oppose Initiative 21-0042A1, a deceptive, developer- sponsored proposition aimed for the November 2024 statewide ballot that would significantly jeopardize cities’ ability to provide essential services and infrastructure for our residents.

The measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and projects and would limit voter input by prohibiting local advisory measures where voters can express a preference on how they want their local tax dollars spent.

This measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including impacts on local infrastructure and our environment.

This measure also may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Unless defeated, the measure puts billions of dollars currently dedicated to local services at risk, and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more.

The measure benefits wealthy corporations and real estate developers while decimating our local communities and neighborhoods.

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You may list the City of Hollister in formal opposition to Initiative #21-0042A1 and include our city as part of the growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state opposed to this deceptive proposition.

Sincerely,

Mayor Mia Casey
City of Hollister

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-82, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A LETTER OF SUPPORT FOR THE CITY OF HOLLISTER’S SAFE STREETS AND ROADS FOR ALL GRANT APPLICATION; AUTHORIZING THE MAYOR TO SIGN THE LETTER OF SUPPORT; AND DIRECTING THE

CITY MANAGER TO SUBMIT THE APPLICATION

BRIEF DESCRIPTION: As part of the FY 2023/2024, 10-Year Capital Improvement Program (CIP), staff intends to propose a Safe Routes to School, Parks, and the Community Center Study (Study). If the U.S. Department of Transportation’s Safe Streets and Roads for All Grant is awarded to the City, it will fund all or a portion of the Study.

DEPARTMENT SUMMARY: As part of the FY 2023/2024, 10-Year Capital Improvement Program (CIP), staff intends to propose a Study. The Study will identify future capital improvement projects to improve safety of motorists, pedestrians and bicyclists on streets near public schools, private schools, and parks. Improvements may include high visibility pedestrian cross walks, bikeways, sharrows, accessible curb ramps, and rectangular rapid flashing beacons. If awarded to the City, the Safe Streets and Roads for All Grant would be applied the cost of the Study.

In the future, staff would apply for the same grant to implement capital improvement projects identified in the Study.

The USDOT requires letter(s) of support in the application. Staff is requesting letters of support from the Hollister School District and schools in the City.

The application will be submitted in July 2023 and City Council will not hold a public meeting that month; therefore, adopting the resolution is requested prior to completing the application. Otherwise, the application would be attached to the staff report.

FINANCIAL IMPACT: None

CEQA: Exempt

ATTACHMENTS:

1. Letter of Support - Safe Streets and Roads for All Grant Application

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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. 2023-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A LETTER OF SUPPORT FOR THE CITY OF HOLLISTER’S SAFE STREETS AND ROADS FOR ALL GRANT APPLICATION; AUTHORIZING THE MAYOR TO SIGN THE LETTER OF SUPPORT; AND DIRECTING THE CITY MANAGER TO SUBMIT THE APPLICATION

WHEREAS, as part of the 2023/2024 10-Year Capital Improvement Program, staff intends to propose a Safe Routes to Schools, Parks, and Community Center Study; and

WHEREAS, the Study will identify future capital improvement projects to improve safety of motorists, pedestrians, and bicyclists near schools, parks, and the community center; and

WHEREAS, a U.S. Department of Transportation’s Safe Streets and Roads for All Grant will fund the such a Study; and

WHEREAS, if awarded the Grant, the Grant funds would be used to fund the Study; and

WHEREAS, the U.S. Department of Transportation requests letters of support be submitted as part of the Grant application; and

WHEREAS, the City Council would like to submit a letter of support as part of the Grant application.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby:

1. Approves the letter of support for the City of Hollister’s application for the Safe Streets and Roads for All grant; and

2. Authorizes the Mayor to sign the letter of support; and

3. Directs the City Manager to submit the application to the U.S. Department of Transportation.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-82, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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CITY OF HOLLISTER

375 FIFTH ● HOLLISTER, CA 95023-3876

City Attorney
559-431-5600
Development
Services
831-636-4340
City Manager
x 1014
Administrative
Services
831-636-4301
Fire
Department
831-636-4325
Police Dept.
831-638-4330
Telephone (831) 636-4300 ● Fax (831) 636-4310 ● www.hollister.ca.gov

May 15, 2023

U.S. Department of Transportation
Attn: Mr. Paul Teicher
1200 New Jersey Avenue SE
W84-322
Washington, DC 20590

Subject: City of Hollister’s Letter of Support for the SS4A Grant

Dear Mr. Teicher and the U.S. Department of Transportation;

The City Council of the City of Hollister, California is pleased to support the City’s application for the U.S. Department of Transportation’s Safe Streets and Roads for All Grant.

The City has historically been an agricultural community. At one time, the City was home to the largest hay producer in the United States. The City has experienced significant growth due to its proximity to San Jose, California and Silicon Valley. The City’s population has grown from 34,928 in 2000 to 41,678 in 2020 to 43,346 in 2021 (U.S.

Census Data).

The City is applying for funding to create an Action Plan to identify how Hollister should invest to improve the safety of streets near schools, parks, and our community center.

The improvements identified in the Action Plan will benefit all residents in the City. The City Council believes children will greatest beneficiary of the improvements, as the Action Plan will focus on schools, parks, and community center.

City Council believes that the City is deserving of the Grant to improve safety to its schools, parks, and community center for its residents, especially the children.

Sincerely,

Mia Casey, Mayor
City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-83, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE CONTRACTUAL AGREEMENT FOR A

INDEPENDENCE DAY FIREWORK SHOW WITH PYRO SPECTACULARS NORTH, INC TO BE HELD ON JULY 1, 2023

BRIEF DESCRIPTION: This resolution would approve an agreement with Pyro Spectaculars North, Inc., for a firework show at Brigantino Park on Saturday, July 1, 2023.

RECOMMENDATION: Adopt a resolution approving an agreement with Pyro Spectaculars North, Inc., for a firework show at Brigantino Park on Saturday, July 1, 2023.

DEPARTMENT SUMMARY: The city staff is organizing an Independence Day Fireworks celebration at Brigantino Park on July 1, 2023, from 5:00 p.m. to 10:00 p.m. The City will offer entertainment and activities before the fireworks show. Then Pyro Spectaculars North, Inc. will light fireworks at around 9:30 p.m.

The agreement before the City Council of the City of Hollister includes a licensed pyrotechnic operator, a specialized crew, an electronic firing system, and pyrotechnic safety equipment for support and protection. To help ensure public safety, Pyro Spectaculars will work directly with the City’s Fire Department and apply for the necessary fireworks-related permits.

FINANCIAL IMPACT: The expense of $35,000.00 was allocated and authorized for the fiscal year 2022-2023.

CEQA: N/A

ATTACHMENTS:

1. 20230408 Hollister City of - Pyro Spectaculars North Agreement

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. 2023-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE

CONTRACTUAL AGREEMENT FOR A INDEPENDENCE DAY FIREWORK SHOW WITH PYRO SPECTACULARS NORTH, INC TO BE HELD ON JULY 1, 2023

WHEREAS, the city staff is organizing an Independence Day Fireworks celebration at Brigantino Park on July 1, 2023, from 5:00 p.m. to 10:00 p.m.

WHEREAS, the City of Hollister owns and operates the property commonly known as Brigantino Park; and

WHEREAS, to help ensure public safety, Pyro Spectaculars will work directly with the City’s Fire Department and apply for the necessary fireworks-related permits; and

WHEREAS, the expense of $35,000.00 was allocated and authorized for the fiscal year 2022- 2023.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the agreement with Pyro Spectaculars North, Inc.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-83, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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CITY OF HOLLISTER

GENERAL SERVICES AGREEMENT

This services agreement (“Agreement”) is made and entered into effective May 16, 2023 (the “Effective Date”), by and between the City of Hollister (“City”) and Pyro Spectaculars North, Inc. (“Contractor” and together with City, the “Parties”).

1. Contractor Services. Contractor agrees to provide the following services to City (collectively, the “Basic Services”): For the Fireworks 4th of July Celebration (“Production”), as further described in Exhibit A to this Agreement. Contractor shall provide services related to the Production other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services, subject to Contractor consent to provide Additional Services, not unreasonably withheld. “Services” shall mean Basic and Additional Services. Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services and the Production. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by construction management professionals specially qualified to provide the services required by the City. Contractor may hire subcontractors to perform the Services, provided that Contractor shall be responsible for subcontractor’s performance of the Services.

2. Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents, subcontractors or volunteers (the “Contractor Parties”), have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties per forming Services shall be competent to perform those Services.

3. Term. The term for performance of the Services shall begin on July 1, 2023, and shall end on July 2, 2023 (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board.

Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties.

4. Right to Cancel. City shall have the option to unilaterally cancel the Production prior to the scheduled date. If City exercises this option, City agrees to pay to Contractor, as liquidated damages, the following percentages of the Fee as set forth in Exhibit B 1) 50% if cancellation occurs thirty (30) or more days prior to the scheduled date, 2) 75% if cancellation occurs fifteen (15) to twenty-nine (29) days prior to the scheduled date, 3) 100% if cancellation occurs less than fifteen days prior to the scheduled event. In the event City cancels the Production, it will be impractical or extremely difficult to fix actual amount of Contractor’s damages. The foregoing represents a reasonable estimate of the damages Contractor will suffer if City cancels the Production.

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Page - 2 - City of Hollister
Pyro Spectaculars North, Inc. General Service Agreement

5. Force Majeure. City agrees to assume the risks of weather, strike, civil unrest, terrorism, military action, governmental action, and any other causes beyond the control of Contractor which may prevent the Production from being safely discharged on the scheduled date, which may cause the cancellation of any event for which City has purchased the Production, or which may affect or damage such portion of the exhibits as must be placed and exposed a necessary time before the Production. If, for any such reason, Contractor is not reasonably able to safely discharge the Production on the scheduled date, or at the scheduled time, or should any event for which City has purchased the Production be canceled as a result of such causes, City may (i) reschedule the Production and pay Contractor such sums as provided in Exhibit B, or (ii) cancel the Production and pay Contractor such sums as provided in Paragraph 4, based upon when the Production is canceled.

6. Rescheduling Of Event. If City elects to reschedule the Production, Contractor shall be paid the original Fee plus all additional expenses made necessary by rescheduling. Additional expenses can include but are not limited to truck rental fees, permit fees and operator pay. Said expenses will be invoiced separately and payment will be due in full within thirty30) days of receipt. City and Contractor shall agree upon the rescheduled date taking into consideration availability of permits, materials, equipment, transportation and labor. The Production shall be rescheduled for a date not more than 90 Days subsequent to the date first set for the Production. The Production shall not be rescheduled to a date, or for an event, that historically has involved a fireworks production. The Production shall not be rescheduled between June 15th and July 15th unless the original date was July 4th of that same year, or between December 15th and January 15th unless the original date was December 31st of the earlier year unless Contractor agrees that such rescheduling will not adversely affect normal business operations during those periods.

7. 8. Payment of Fees for Services. City agrees to pay Contractor as more fully set forth in Exhibit B.

9. Indemnity. - Contractor represents and warrants that it is capable of furnishing the necessary experience, personnel, equipment, materials, providers, and expertise to produce the Production in a safe and professional manner. Notwithstanding anything in this Agreement to the contrary, Contractor shall indemnify, hold harmless, and defend City and the additional insureds from and against any and all claims, actions, damages, liabilities and expenses, including but not limited to, attorney and other professional fees and court costs, in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of Contractor, their officers, agents, contractors, providers, or employees. City shall indemnify, hold harmless, and defend Contractor from and against any and all claims, actions, damages, liability and expenses, including but not limited to, attorney and other professional fees and court costs in connection with the loss of life, personal injury, and/or damage to property, arising from or out of the Production and the presentation thereof to the extent such are occasioned by any act or omission of City, its officers, agents, contractors, providers, or employees. In no event shall either party be liable for the consequential damages of the other party.

10. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, B.9.a
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Pyro Spectaculars North, Inc. General Service Agreement City shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.

1. Insurance. Without in any way limiting Contractor’s liability or indemnification obligations set forth in Exhibit F, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) commercial general liability insurance with limits of not less than $5,000,000.00 each occurrence and $10,000,000.00 in the aggregate; (ii) commercial automobile liability insurance: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
; (iii) worker’s compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no than $1,000,000 per accident for bodily injury or disease.

Neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to City. If such a notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties. A copy of the declarations page of Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.

11. Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor ’s performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City’s business.

Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement. Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.

12. Taxes. All payments made by City to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. City will not withhold any money from fees payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance. Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.

13. Confidential Information. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by City, or required by law.

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Pyro Spectaculars North, Inc. General Service Agreement

14. Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.

15. Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

16. Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the District. None of such individuals shall, during this term of this Agreement, acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the District.

17. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

18. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the City Council.

19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.

20. Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor or City at the address located next to the party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.

21. Compliance with Law. Contractor and City shall each comply with all applicable federal, state, and local laws, rules, regulations and ordinances. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.

22. Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.

23. Attorneys’ Fees. If a party to this Agreement commences a legal action against the other party to enforce a provision of this Agreement or seek damages related to the services provided under this B.9.a
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Pyro Spectaculars North, Inc. General Service Agreement Agreement, the prevailing party in the legal action will be entitled to recover from the other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.

24. Liability of City. Notwithstanding anything stated herein to the contrary, neither Party shall be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.

25. Time. Time is of the essence for performance of the Services under this Agreement.

26. Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.

27. Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon reasonable request, Contractor shall make such records available to City for the purpose of auditing and copying such records for a perio d of five years from the date of final payment under this Agreement.

28. Proprietary Rights. Contractor represents and warrants that it owns all copyrights, including performance rights, to this Production, except that Contractor does not own City-owned material or third-party-owned material (term needs to be defined) that has been included in the Production, and as to such City-owned and third-party-owned material, City assumes full responsibility therefore. City agrees that Contractor shall retain ownership of, and all copyrights and other rights to, the Production, except that Contractor shall not acquire or retain any ownership or other rights in or to City-owned material and third-party-owned material and shall not be responsible in any way for such material. If applicable, City consents to the use of City-owned material and represents that it has or will obtain any permission from appropriate third parties sufficient to authorize public exhibition of any such material in connection with this Production. Contractor reserves the ownership rights in its trade names that are used in or are a product of the Production. Contractor grants to City the non-exclusive right to make and use recordings and photographs of the Production and to create and use pictures, and other reproductions of the Production in all media known and unknown throughout the universe in perpetuity without any additional compensation to Contractor.

29. Entire Agreement. This Agreement, including Exhibits A & B attached hereto and incorporated herein by this reference, is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

30. Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.

31. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the B.9.a
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Pyro Spectaculars North, Inc. General Service Agreement execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

32. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

33. Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement.

34. Mediation. A party to this Agreement shall, as a condition precedent to initiating any litigation against the other party, demand mediation of any dispute. The parties shall endeavor to include any third-party claimant in the mediation. The parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the parties to this Agreement, shall pay equal shares of the mediator’s fees. Each party shall bear its own attorney’s fees related to the mediation.

35. Forms. Prior to performing any Services, Contractor shall prepare, execute, and submit all forms that may be required by law for this Agreement, including but not limited to an Iran Contract Act certification (Public Contract Code §2204). If a form is necessary, Contractor shall use the City’s versions of these forms, which the City shall make available upon request.

36. Sanctions in Response to Russian Aggression. If the City is using State of California funds for this Contract, Contractor must comply with the Governor’s March 4, 2022, Executive Order N-6-22 (“Order”) relating to any existing sanctions imposed by the United States government and the State of California in response to Russia’s actions in Ukraine, including additional requirements for contracts of $5 million or more. Failure to comply may result in the termination of the Contract.

* * * * * * * * * * * * * * * * * * * *

CITY OF HOLLISTER CONTRACTOR:

Pyro Spectaculars North, Inc.

By:

Name: Mia Casey_____
Title: Mayor

By:

Name: James R. Souza
Title: President

Address for City Notices: Address for Contractor Notices:

For overnight:
375 Fifth Street 3196 N. Locust Avenue
Hollister, Ca 95023 ______ Rialto, CA 92377
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Pyro Spectaculars North, Inc. General Service Agreement Mailing Address:

P.O. Box 2329
Rialto, CA 92377

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Pyro Spectaculars North, Inc. General Service Agreement

EXHIBIT A

Scope of Services

Contractor Duties:

 One Pyro Spectaculars fireworks production on July 1, 2023, at approximately 9:30 p.m. at Brigantino Park, 2100 San Juan Rd, Hollister, CA  Insurance covering the preproduction and productions as set forth in the agreement  All pyrotechnic equipment, trained pyro technicians, shipping, and pyrotechnic product.  Preproduction Services and costs for the production, including the advance acquisition of materials and products; design engineering, programming, handling, staging, storage, and maintenance products, props, and systems; preparation of drawings, diagrams, listings, schedules, inventory controls, choreography, and computer code; picking, packing, labeling, staging, and loading of equipment, materials, and systems; transportation, and logistics and crew scheduling and support; explosive storage magazines with legally mandated distances, surfaces, security, housekeeping, and access controls; and necessary and appropriate vehicles, including legally mandated insurance, including MCS90 explosives transportation coverage, parking, security, and maintenance.
 Application for specific pyrotechnic permits relating to the Production.

City Duties:

 City shall provide to Contractor a suitable site (“Site”) for the Production, security for the Site as set forth below, access to the Site, any permission necessary to utilize the Site for the Production, and the other things on its part to be performed as more specifically set forth below in this Agreement and in the Scope of Work. All Site arrangements are subject to Contractor’s reasonable approval as to pyrotechnic safety, suitability, and security. All other conditions of the Site shall be the responsibility of City, including, but not limited to, access, use, control, parking and general safety with respect to the public, City personnel and other contractors.

 Security - City shall provide adequate security personnel, barricades, and Police Department services as may be necessary to preclude individuals other than those authorized by Contractor from entering an area to be designated by Contractor as the area for the set-up and discharge of the Production, including a fallout area satisfactory to Contractor where the pyrotechnics may safely rise and any debris may safely fall. Contractor shall have no responsibility for monitoring or controlling City’s other contractors, providers or volunteers; the public; areas to which the public or contractors have access; or any other public or contractor facilities associated with the Production.

 All on-site labor costs, if any, not provided or performed by Contractor personnel including, but not limited to, local union requirements, all Site security, Police and Fire Department standby personnel, stagehands, electricians, audio and fire control monitors, carpenters, plumbers, clean-up crew. All these additional personnel and services shall be fully insured and the sole responsibility of City.

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Pyro Spectaculars North, Inc. General Service Agreement  Coordination and any applicable non-pyrotechnic permitting with the local, state or federal government that may hold authority within the Production.

 Costs of all permits required for the presentation of the Production and the event as a whole.

 Provision of a Safety Zone in accordance with applicable standards and all requirements of the authorities having jurisdiction throughout the entire time that the pyrotechnics are at the Site or the load site (if different) on the date of the Production and all set-up and load-out dates, including water security to keep unauthorized people, boats, etc. from entering the Safety Zone.

 General Services including, but not limited to, Site and audience security, fencing, adequate work light, dumpster accessibility, a secure office for Contractor personnel within the venue, secure parking for Contractor vehicles, access to washrooms, tents, equipment storage, hazmat storage, electrical power, fire suppression equipment, access to worksites, necessary credentialing, etc., will be required as necessary.

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EXHIBIT B

Compensation:

Fee – The city agrees to pay Contractor a fee of $35,000.00 USD (THIRTY-FIVE THOUSAND DOLLARS) ("Fee") for the Production. City shall pay to Contractor an initial payment (“Initial Payment”) equal to 50% of the Production Fee, or $17,500.00 USD (SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS) plus estimated permit and standby fees, and other regulatory costs approximated at $00.00 OR an amount to be determined, for a total of $17,500.00, upon the execution of this Agreement by both parties but no later than May 15, 2023. The Initial Payment is a partial payment toward the preproduction services and costs outlined in the Scope of Work (“Preproduction Services and Costs”.) The Fee balance shall be paid no later than July 3, 2023.

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EXHIBIT C
Designation of Key Personnel

Pat Dyas, Show Producer mobile phone number 808-866-7411

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Pyro Spectaculars North, Inc. General Service Agreement Exhibit F:

Insurance Requirements for Fireworks
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09).

2. Automobile Liability: ISO Form Number CA 00 01 co vering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self- insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Verification of Coverage
Contractor shall furnish the Entity with original certificates and amendatory endorseme nts or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by B.9.a
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Pyro Spectaculars North, Inc. General Service Agreement the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies o f all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumsta nces.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: April 25, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Angie Gonzalez, Deputy City
Clerk

TITLE OF ITEM: RESOLUTION NO. 2023-84, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AWARDING A CONTRACT FOR SERVICES TO ESCRIBE SOFTWARE LTD., FOR CITY COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEE

AGENDA AND MEETING AUTOMATION MANAGEMENT

BRIEF DESCRIPTION: The City’s current agenda management software will no longer be supported after 2023. The City issued a Request for Proposals (RFP) on March 1, 2023, and received four qualified proposals. After careful review and consideration, the City Clerk’s office recommends awarding the contract to eScribe Software Ltd.

RECOMMENDATION: Adopt resolution authorizing the City Manager to enter into a contract with eScribe Ltd. for automated agenda and meeting management software and video streaming system.

DEPARTMENT SUMMARY: The City has contracted with Granicus, Inc. (“Granicus”) since 2016. Our current software will no longer be supported by Granicus and as a result, the City conducted a Request for Proposals (RFP). The City requires a comprehensive system for automated agenda and document management, and live and on-demand video. The goal of the City Clerk was to obtain a high-quality solution that offered expertise, resources, and state-of-the-art technology to replace the existing systems by providing an integrated, configurable, automated, and user-friendly legislative management system. The new system will enhance coordination across City departments and expand access to the public through greater transparency and streamlined methods of information delivery. Additionally, the City’s advisory bodies will also be added to the agenda management system to provide a single location for the public to access legislative meeting information, including agendas, minutes, and meeting recordings.

VENDOR SELECTION. Staff issued the RFP issued on March 1, 2023, and viable vendors were notified. Four companies, CivicPlus, eSCRIBE, Granicus, and Agenda Quick, submitted qualified responses to the RFP and their qualifications were evaluated by the City Clerk’s team based on the following criteria: vendor expertise, quality of proposed services or goods, extent to which the vendor’s services or goods meet the City’s needs, and price.

eScribe Software Ltd. was determined to offer the best solution to meet the City’s needs and is the recommended vendor.

SERVICES. eScribe will provide agenda management services for the City of Hollister City Council and the City’s Boards, Commissions, and Committees. Included components include:
- Meeting Manager for minutes
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- Participant Access
- Internet Publishing
- Report Manager
- Vote Manager & Request to speak
- Webcasting
- Meeting App for select users and staff to review agenda materials

eSCRIBE is a web-based system that can be securely accessed by staff and members of the City’s elected and appointed bodies on any internet-connected device to draft, edit, and approve meeting agenda items. eScribe has a robust report manager to assist in tracking pre-meeting workflows and approval of reports and submissions. eScribe also integrates with the City’s records management software, Laserfiche.

FINANCIAL IMPACT: The current year impact totals $24,220, which consists of one- time implementation fees of $5,920 and the first year of subscription services, $18,300.

The annual subscription fee for eScribe is commensurate with the current annual subscription fee for Granicus. Subsequent year(s) subscription fees will increase from the previous year by 5%. Staff recommends appropriating an additional $10,000 for contingencies, to account for unanticipated costs related to the implementation of upgrades, including automatic migration of historical meeting data from the IQM2 database. Additionally, staff recommends renewing the contract with Granicus for another six to twelve months to ensure all data, including past staff reports and meeting recordings are properly archived for future access. The renewal of the contract with Granicus is already budgeted for in fiscal year 2022-23.

CEQA: Not a project.

ATTACHMENTS:

1. eScribe Response to The City of Hollister - RFP - Automated Agenda Preparation, Meeting Management and Video Streaming

2. eScribe Client Subscription Agreement

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. 2023-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AWARDING A CONTRACT FOR SERVICES TO ESCRIBE SOFTWARE LTD., FOR CITY COUNCIL,

BOARDS, COMMISSIONS, AND COMMITTEE AGENDA AND MEETING AUTOMATION

MANAGEMENT

WHEREAS, the City desires to implement software applications and platforms for the purpose of meeting, board, and agenda automation; and

WHEREAS, City staff issued a Request for Proposal to solicit proposals for those services; and

WHEREAS, the City received four qualified responses and, following an evaluation of their qualifications, selected eSCRIBE Software, Ltd. to provide the services; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister awards a contract for services to eSCRIBE Software Ltd., for meeting, board, and agenda automation.

BE IT FURTHER RESOLVED by the City Council of the City of Hollister that it approves the Contractor/Service Provider Subscription Agreement, between the City and eSCRIBE Software Ltd. in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk; authorizes and directs the City Manager to execute the same; and authorizes the City Manager or designee to execute all change orders and expend contingency funds in an amount not to exceed $10,000;

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-84, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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March 31, 2023
City of Hollister
375 Fifth Street
Hollister, CA
95023
Attention: Jennfier Woodworth, City Clerk
Dear Jennifer,
eScribe Software is pleased to present our response to your RFP for Automated Agenda Preparation, Meeting Management, and Video Streaming System.
eScribe Software believes that its “Commercial, Off The Shelf” (COTS), Cloud Based, Meeting Management service is a good match with the requirements as stated in the RFP. With over 450 Clients in North America, we believe our solution is well suited to your needs and that eScribe is more than capable of providing a smooth implementation for The City of Hollister. eScribe Software assures The City of Hollister that we are free of any conflict of interest and have understood the requirements outlined in the RFP including insurance requirements.

Our proposal will remain valid for 120 Days.

Through submission of this proposal, unless otherwise noted, and subject to negotiation of a final subscription agreement we agree to all of the terms and conditions of the Request for Proposal.

We look forward to the opportunity to work with you on this exciting project.

Sincerely,
Jennifer Zourdos ([email protected])
Director, Sales
eScribe Software and Onboard
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James Coulen
[email protected]
416-890-9808
Date: March 31, 2023
Valid Until: July 31, 2023
City of Hollister - Request for Proposal
Automated Agenda Preparation, Meeting Management, and
Video Streaming System
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Page i eScribe Response to The City of Hollister – Automated Agenda Preparation, Meeting Management and Video Streaming Table of Contents

Table of Contents ....................................................................................................................... i Executive Summary ....................................................................................................................................................................... 2 References ............................................................................................................................... 4 Detailed Pricing ........................................................................................................................ 5 Acceptance Testing/User Training ......................................................................................... 7 Available Courses ............................................................................................................ 7 Unlimited Group Format .................................................................................................. 7 Unlimited Coaching Sessions .......................................................................................... 7 Dedicated Go Live Support ............................................................................................ 7 Monthly How-To Webinars ............................................................................................... 8 Customer Community Portal (CCP) ............................................................................... 8 City of Hollister Requirements ............................................................................................... 10 RFP Response Contact Details .............................................................................................. 15 Appendix A – Azure Infrastructure .......................................................................................... I Appendix B – Implementation Plan and Team ..................................................................... II Timelines ............................................................................................................................................................................................... VII Appendix C – Sample Subscription Agreement ................................................................. XII Appendix D – Policy Documents ......................................................................................... XIII Appendix D (i) – Access to Customer Data Policy ...................................................................................... XIII Appendix D (ii) – Incident Response Plan ........................................................................................................... XIV Appendix D (iii) – Business Continuity & Disaster Recovery Plan .................................................. XV B.10.a
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Executive Summary
Founded and based in Markham, Ontario, eScribe is a leading provider of cloud-based meeting management solutions that enables its customers to focus on higher-value projects that better serve their stakeholders. Owned by OnBoard, a board management solutions company based in Indianapolis, Indiana, eScribe is the go-to-choice for public sector councils, committees and boards across North America.

eScribe supports the entire meeting lifecycle with comprehensive tools and workflows to improve efficiency, transparency and engagement. For organizations that run hybrid or remote meetings, eScribe seamlessly integrates both virtual and physical meeting environments into a single, unified experience.

Historically, paperless meeting software has focused on secure distribution and access to the agenda packet in an electronic format (typically PDF). A good first step, but far short of automating the entire lifecycle of traditional council and committee meeting hierarchical structures.

eScribe’s comprehensive suite of user configurable and collaborative meeting management modules allows organizations to improve the efficiency and effectiveness of participants and staff; before, during and after meetings. With secure online access via responsive browser or dedicated tablet applications, each user has the ability to access information, and securely participate real-time in the meeting process. Thus, everyone has access to the same information, electronically distributed, and can actively engage in debate and electronic voting on items in line with Roberts Rule of Order. Beyond meeting day, eScribe provides automation efficiencies for staff and a centralized location for organizations of any size to distribute meeting information to internal and external stakeholders through the web, indexed to video and supporting documents as available.

Our response addresses each of the requirements as laid out in the request for information, including:
• Digitally create and manage public meetings for staff, elected officials and public
• Improve staff efficiency with automated workflow and approval processes • Reduce late items and changes to agenda items after they have been published
• Provide an option for Webstreaming of meetings and help produce compliant documents
• Efficiently create and distribute paperless agendas to meeting attendees • The potential to Vote and request to speak electronically during meetings

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The requested functionality aligns with eScribe’s Transparency Plus Bundle which includes the following modules and functionality:
• Meeting Manager – Streamlines and automates meeting preparation and post meeting activities, and conducting meetings
• Participant Portal – Secure access for board and elected officials • Internet Publishing Plus – Easily engage stakeholders through their existing website, without programming and fully supports evolving accessibility requirements
• Report Manager – Revolves around the preparation and approval of reports and items for submission to meetings
• Webcasting Plus – Livestream and record, with automatic timestamping, indexed to agendas and minutes

This “bundled” approach allows for an efficient implementation and onboarding of staff, accelerating benefits and return on investment.

There are no additional subscription fees for the number of meetings conducted, meeting types supported or file storage during the term. Regular software improvements are included and applied automatically in off hours. eScribe provides both live answer and email support, with online trouble ticket tracking and content repository available through our Customer Community Portal outlined in our response. Additionally, eScribe provides extended support, and escalations as required to maintain service level commitments.

eScribe will make itself available for any follow-up activities to support this RFP process. Should you have any specific questions about this document please feel free to contact James Coulen at 416-890-9808 or [email protected].

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References
Client Name City of San Luis Obispo, CA
Contact Name Megan Wilbanks, Deputy Clerk
Contact eMail [email protected]
Contact Phone Number 805-781-7103
Client since 2021
Project Description:

The City of San Luis Obispo is leveraging eSCRIBE’s Transparency Bundle including Meeting Manager, Report Manager, and Internet Publishing which is the same bundle suggested for The City of Bakersfield

Client Name City of Watsonville, CA
Contact Name Irwin Ortiz, Assistant City Clerk
Contact eMail [email protected]
Contact Phone Number 831-768-3048
Client since 2020
Project Description:

The City of Watsonville is leveraging eSCRIBE’s Transparency Bundle including Meeting Manager, Report Manager, and Internet Publishing which is the same bundle suggested for The The City of Bakersfield

Client Name City of La Mesa, CA
Contact Name Megan Wiegelman, City Clerk
Contact eMail [email protected]
Contact Phone Number 619-667-1130
Client since 2021
Project Description:

The City of La Mesa is currently in implementation and will be leveraging eSCRIBE’s Transparency Bundle including Meeting Manager, Report Manager, and Internet Publishing which is the same bundle suggested for The City of Bakersfield.

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Detailed Pricing
eScribe is pleased to offer the following annual subscription and one -time setup fees to meet the requirements as outlined in this RFP. eScribe leverages a detailed onboarding approach developed over hundreds of successful customer implementations, allowing us t o provide a fixed price, including: activation of the solution on the cloud, customer specific configuration of meeting types, content templates, and initial workflow configuration, administrator, contributor, and participant training, in addition to one on one workshop sessions and go live support for key initial meetings.

eScribe Transparency Bundle (Includes Encoder):

Optional Modules:

eScribe Annual Service and Support Fees
Module License Type License Fee Quantity Cost
eScribe Transparency Bundle Annual 16,800$ 1 16,800$ eScribe Meeting Manager INCL
eScribe Participant Access INCL
eScribe Internet Publishing INCL
eScribe Report Manager INCL
eScribe Vote Manager & Request to Speak INCL
eScribe Webcasting Plus INCL
eScribe Meetings Pro App (iOS or Windows 10)INCL 10
ADFS or AzureAD Authentication Annual 1,500$ 1 1,500$ Total - Annual Software and Support Fees 18,300$
Implementation Fees Service Fee Quantity Cost
eScribe Transparency Setup/Training One time 5,420$ 1 5,420$ 2 Meeting Types, 3 Report Template, 5 Workflows INCL
10 x eScribe Academy Licenses INCL
AzureAD or ADFS Setup One time 500$ 1 500$
Migration of Historical Video Data INCL
Total - One-time Implementation Fees 5,920$
Optional Module License Type License Fee One Time Setup eScribe Live Closed Captioining Annual 8,700$ 2,350$ eScribe Public Comments & Delegation Request Annual 2,900$ 750$ eScribe Laserfiche Connector Annual 1,500$ 500$ B.10.a
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Pricing Notes

1. Proposed pricing is valid for 120 days from date of submission of this response.

2. Implementation fees are for remote support. Onsite personnel can be arranged.

Additional travel and living expenses would apply in addition to the Implementation Fees.

3. Year 1 Subscription and Implementation Services Fees are invoiced upon commencement of the project.

4. Subsequent year(s) Subscription Fees will be due on the anniversary date and will increase from the previous year’s Subscription Fees by five percent (5%).

5. Payment Terms are Net 30 from date of invoice.

6. eScribe Meetings for Tablets Standard app (available on iOS only) is included in the bundle price (unlimited users). Additional eScribe Meetings for Tablets Professional licenses (available for both iOS and Windows 10) are available for download at rates listed below. For a feature comparison of Professional and Standard please see the section titled Participant Access Functionality Matrix. a. $100/user per year (1-10 users)
b. $75/user per year (11-50 users)
c. $50/user per year (51-100 users)
d. $35/user per year (101+ users)Proposed Solution
Migration Fees
At the completion of the migration, a legacy data storage fee will be charged, as per the table below. These charges would only apply to meeting artifacts such as agendas/minutes/support documentation. Video storage is unlimited and does not factor into the below costs.

GB Price / GB
0-50 $10.00
51-100 $9.50
101-150 $9.00
151-200 $8.50
201-300 $8.00
301+ $7.50

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Acceptance Testing/User Training
Training/eScribe Academy

eScribe is built to be user-friendly and, with just a few training sessions, users will be quickly on their way to run their first live meeting independently and with confidence.

Available Courses
• BM1 – Board Manager for Administrator
• MM1 – eScribe Portal Activities
• MM2 – Pre-Meeting Activities
• MM3 – Conducting the Meeting
• MM4 – Post Meeting Activities
• RM1 – Report Manager Administrator
• WCP1 – Webcasting for Site Administrator
• WCP2 – Webcasting for Meeting Administrator
Unlimited Group Format
Leveraging the group training format allows end users to learn the proper use of eScribe in targeted sessions that can be scheduled around existing schedules, with other like -minded users from nearby municipalities and school or public sector boards. We have found this method to be extremely helpful as users can interact throughout the session, sharing best - practices and lessons learned with each other. Courses are offered multiple times per month and can take as little as a few hours to complete, so users won’t fall behind while they are away from the office.

With eScribe’s Unlimited Annual Training Subscription, any number of designated users will have the flexibility to register as many times as required to provide ongoing training for new or existing staff as the need arises.

Go Live Support & Coaching
Unlimited Coaching Sessions
In addition to end user training, you will have unlimited access to your dedicated Account Manager for both ad-hoc and scheduled + coaching calls up to 30 minutes in length, who can answer questions and provide targeted training to key staff ensuring your ongoing success.

Dedicated Go Live Support
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In order to ensure that your first meeting gets off to a strong start, your SCRIBE Champion will support you through agenda prep, conducting, and recording your first live eScribe meetings to ensure administrative users are comfortable with all aspects of the meeting lifecycle.

Monthly How-To Webinars
We also run monthly webinars on topics as requested and voted on by customers offering how- to instructions and time saving tips to help users get the most from eScribe. Sign up for one or as many as you like.

Customer Community Portal (CCP)
To further empower our customers, the CCP can be used to submit and track support tickets.

There is also a forum within it to communicate and share product ideas directly with the eScribe product management team and collaborate on meeting “best -practices” with other eScribe customers. Some key features of CCP include:
• Access Knowledge Base – a library of user reference, manuals, and help guides • FAQ section – “How-to” guides and technical trouble shooting assistance • Customer forum – Chat with other eScribe customers and learn from each other • Feature requests – Submit ideas to eScribe and vote/comment on proposed features from other users
• Latest announcements – including product release notes, promotions, company updates
• Videos – instructional videos for apps and various eScribe features

We understand that change can be scary and that you may have questions that need to be answered in order to effectively manage changing the way your organization manages its public meetings as we move to digital, including:

“Which functionality is best for us?”
“Will our processes need to change?”
“How will we smoothly transition to the new system?

The transition from paper products to digital systems is changing the way we create, consume and share information, requiring us to move away from establishe d processes and adopt a more integrated workflow that, once in place, will benefit internal and external stakeholders alike.

With many years of real-world public sector experience, our third-party change management consultants can help you identify any process, training, or skills variances and develop a plan to help your users smoothly transition to eScribe.

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eScribe Academy

eScribe Administrators will be given a login to begin their training. Courses are assigned based on the tools their organization uses. Learning is self-paced with each session lasting approximately 2.5 hours, with the whole program taking approximately 8-10 hours. Each session includes quizzes to ensure viewers are understanding the content that they must pass in order to progress.

Each eScribe Administrator should have their own unique license for the system as they will receive an eScribe Certificate with their name after training is completed. Certificates can be downloaded and added to their resume and LinkedIn profile! Administrators will be eScribe Certified!

One-to-One Training
For larger end user groups or in cases where the customer would like to incorporate customized business process training into the curriculum, we offer 1:1 training sessions with a dedicated trainer. One-to-one training can be delivered remotely, or on site as required.

Train the Trainer
For larger groups, a “Train the Trainer” approach could be more cost -effective, where a small number of customers end users will be trained by eScribe, who then become the power user in the organization to train and answer questions internally.

This method ensures there is always a competent in -house trainer available to help your team out with the new processes until the new skills become a habit. The other benefit to an in-house trainer is that they understand the organizational culture and needs, allowi ng them to share information and new knowledge in a way that will resonate with their staff.

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City of Hollister Requirements
Requirement eScribe’s Response
Agenda Management Software
a) Automated workflow system to prepare, track, modify, approve, and monitor the progress and history of City
Council and advisory body agenda items in real time;
allows for future redesign of workflow. In addition, it must allow the City administrator to see status of agenda
items moving through their respective approval
processes.

Fully Supported. eScribe has built in workflows
that are configurable by the City at any time.

An administrator can see items moving
through the approval process
b) Version control for development of agenda items
and tracks changes/edits.

eScribe has a built in version history to see all
changes made to a document. eScribe also
integrates with Microsoft Word and track
changes can be enabled for a more granular
audit trail.
c) Provides strong word processing and editing
capabilities that allow such functionality as uploading and/or building tables, graphs, and photos with ease,
copying and pasting from other
documents/software/websites, changing fonts,
highlighting text, bold, italic, etc.

eScribe is a Microsoft Partner and integrates
with Microsoft Word. All Microsoft Word features
and functionality are available to use.
d) Supports creating, editing, and approving agenda
items using the web, tablets, smartphones, and other
electronic devices.

Fully Supported
e) Assembles documents into a single cohesive
printable agenda packet.

Fully Supported. HTML agendas are also
available for the City.
f) Facilitates easy electronic posting, emailing, and other electronic communication. Must support easily
accessing agenda and agenda packet information
using tablets, smartphones, and other electronic
devices.

Fully Supported. Agenda packet information
can be accessed through any internet browser
on any device or through eScribe’s Meetings
Pro app on an Ipad or Windows 10 device for
Council.
g) Provides a searchable document archive and
capabilities to copy and paste agenda items to create
new agenda items and backup.
eScribe provides internal search functionality
and agenda items can be duplicated.
h) Seamlessly creates a consolidated agenda package
in pdf format that includes the ability to create and use pdf bookmarks to navigate each item and its
attachments.

Fully Supported
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i) Ability to define both unique agenda templates for
each meeting type and/or a standard template that
can then be applied to multiple meeting types to ensure consistent format and structure and can be
changed/updated as needed.
eScribe supports an unlimited amount of
agenda templates that are configurable by the
City. Templates can also be copied to multiple
meeting types.
j) Allows the agenda administrator to create and
enforce deadlines. Once a deadline is passed, users
cannot submit additional information, delete late items, or re-order agenda items at the last minute without
permission.
eScribe supports deadlines for meetings. A Late
Item Submission workflow can also be used if
the City wishes to allow someone to submit an
item after a deadline.
k) Facilitates timely creation of minutes, by pre-
populating staff recommendations/ recommended
motions in advance of the meeting.

Fully Supported. Agenda templates can be
prepopulated with recommendations and
motions that will automatically carry over to the
minutes.
l) Ability to modify automatically generated minutes to reflect actual order items were taken up in meeting
which may differ from order on published agenda.

Fully Supported
m) Compatible with Microsoft Office products and
Google products.
eScribe is a Microsoft Partner and integrates
with Microsoft Word and Outlook. Google
products can access eScribe through a web
browser.
n) Ability to have separate sections in the agenda item which include recommendation, fiscal impact,
background, etc. The software should have the
capability for different sections to be completed by
different departments, with edit security for certain
sections.
eScribe uses Microsoft Word for Agenda Items
which can include recommendation, fiscal
impact, background etc.. Security permissions
can be placed on any of the fields within the
City’s templates through Microsoft Word.
o) City Clerk and or City Clerk’s designee(s) are the
centralized administrator(s).

Fully Supported
p) Ability to create ad-hoc workflows for unusual
document processing.

Fully Supported
q) Ability to allow items to be processed outside of
deadline parameters (late submittals) with special
approvals/ justifications/ permissions.

Fully supported through Late exemption
approval workflows.
r) Ability for the City Clerk to rearrange items on an
agenda with numbering sequences self- adjusting on
agenda and associated reports.

Fully Supported
s) Ability to automatically update the subject title and recommendation on the agenda when the staff report
title/recommendation is changed.

Fully Supported. This can be done before the
item has been added into the meeting or
manually done on the agenda.

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t) Ability to copy or move items from one agenda to
another as well as keep original item and create
another instance(s) from one meeting to other(s).

Fully Supported. Items can be copied or moved
to another meeting.
u) Ability for users to pick which meeting date the
document is intended for.

Fully Supported
v) Ability to create agendas for more than one type of
Council/Board (i.e. Housing Authority, Successor Agency, Planning Commission, etc.).

Fully Supported. Unlimited amount of Agenda
Templates for all meetings within the City.
w) Ability for system to create logical numbering system for items in an agenda packet based on sections
identified on the City’s current agendas.

Fully Supported
x) Ability to email notifications to users that they have pending documents to review; notifications may include
inactivity, deadline alarms, returned for edit/correction, final approval.

Users can get email notifications on
edits/corrections and throughout the approval
process. Users will have colour coordinated
items that show items up for due date.
y) Ability to have users redirect workflows to a proxy
when they are away from the office or ability to grant
overrides for substitute approvers.
eScribe supports delegate approvers in out of
office situations and Administrators can
override.
z) Ability to attach documents and reports to the
agenda in multiple formats (doc, pdf, png, jpg, ppt, xls, etc.).

Fully Supported
aa) Ability to auto-publish the final agenda, with no file size limit, to the City website styled with the look and feel of the City website (i.e. City branding).

Fully Supported
bb) Ability for users to log on while not on network
(review from home or while on the road).

Since agenda items are created in Word, users
can review while on the road. eScribe’s
Meetings Pro app also has offline functionality.
cc) Ability to natively OCR documents in order to allow search of text within document.

Agenda items will be searchable both internally
and externally by keyword with filtering
capability.
dd) Permissions can be set on a group or individual
level.

Fully Supported
ee) Provides comprehensive online help system/user
manual.
eScribe has a community portal for FAQ and an
online help system.
ff) Single Sign-On through Active Directory Services. eScribe supports both ADFS and AzureAD for single sign on authentication.
gg) Able to integrate with e-mail systems (Microsoft
Exchange and Office 365).

Fully Supported
hh) Supports a variety of web browsers, including
Internet Explorer, Chrome, Firefox, Safari, and Edge and provides responsive design for mobile browsers.

Fully Supported.

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ii) Ability to integrate with functionality of Laserfiche, the City’s Electronic Document Management system for
seamless depositing of final OCR’d agendas in PDF/A
format.
eScribe has an integration to Laserfiche to
allow the City to publish the agendas and
minutes into the repository. This is done as a
PDF.
jj) Ability to stream the City’s various meetings on the internet through integration with Granicus or another
web streaming solution.
eScribe would provide an encoder to the City to
replace the existing Granicus encoder to live
stream the City’s meetings directly on the City’s
website.
kk) Ability to integrate with City’s website. Fully supported through iFrames. ll) Provides user-dependent views/ security based on
role.

User views are dependant on their roles.
mm) Upgrades/updates are included in the
maintenance price.

Fully Supported
nn) Mobile solution that allows platform -independent
review and approval from tablet devices (Windows,
Android or iOS).
eScribe has an app available for Council on an
iPad or Windows 10 Device. Android devices
would use an Internet Browser.
oo) Ability to migrate City’s current City Council and
Planning Commission meeting videos currently on
Granicus.

Migration of Historical meeting videos has been
included in the price.
pp) Must provide timely customer support, within four
hours of receiving a customer support ticket, through
various means such as email, telephone, support ticket
system, video conference, and/or remote login.
eScribe has various means to provide support.

We have a support dial in line, ticket submission
process and the City would be assigned 4
additional staff resources to help with any
issues that may arise.

Summary of Required Services
a) Provide a summary of the work plan, implementation,
project management, services, and methodology and
physical resources (staff and equipment) Vendor will
commit to ensure successful project completion.
eScribe has provided a sample implementation
plan in the response to highlight the work plan
and implementation and who would be
involved on both sides.
b) Provide a project organization chart highlighting the key vendor staff who will be assigned to accomplish the work and related biographies for the project manager
and key staff.

Please see the Training section of the response.
c) Describe implementation methodology and
approach. This includes the tools and techniques that
will be used and methodologies that the firm will
employ.

Please see the Training section for a sample
implementation plan.
d) Describe the roles and responsibilities of both the City and vendor staff during each phase of implementation.

In addition, provide an estimated level of effort and
skillset required for the City staff during implementation.

This information is outlined in our sample
implementation plan in the response. This
includes staff required and level of effort.

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e) Provide a project schedule that includes all tasks,
deliverables, milestones, and resources required and
the associated estimated time needed for each (in
hours, days, weeks, etc.) The City seeks a detailed
understanding of the work plan that will be followed to ensure success.

Please see the Training section for the sample
implementation plan.
f) Describe user acceptance testing methodology and
criteria for success. Also, outline the responsibilities of City staff during user acceptance testing.

Acceptance testing is done through training
with eScribe. Training is available through an
online learning academy or group sessions.
g) Describe the proposed software and its capabilities
and provide an adequate description of how the
solution meets the requirements to allow the evaluators to fully understand the features, processes, functions, and capabilities.
eScribe has over 15 years of experience helping
local governments manage their meetings.

With over 450 clients in North America,
including almost 40 clients in California. eScribe
highly recommends reaching out to our
existing clients to share their experiences on the
implementation and support.
h) Describe ongoing support processes, procedures,
and methods. At a minimum, the description should
identify hours of support, methods to access support,
after-hours support; including any support available to individual users (including a searchable base for
questions and issue resolution), response time
commitments, and escalation procedures.
eScribe’s dial in support is available from 8am
EST to 8pm EST with extended support to 11pm
EST. eScribe also assigns a project team of 5
members to the City should any assistance be
needed. eScribe’s online community portal has
a searchable base for questions and issue
resolutions. Escalation procedures are outlined
in our Sample Subscription agreement
attached in the appendix section.
i) Describe in detail the training to the City and each phase of training; provide a narrative that describes a recommended on-site training plan for Information
Technology staff, the City Clerk’s Office and all system users within the departments/divisions. This plan must
include training provided immediately after installation as well as ongoing training support.
eScribe provides both a learning academy and
group sessions for training. Administrators have
access to the academy and staff/report writers
would access the online group sessions.
eScribe also provides individual work shop
sessions should the City need additional
assistance. Ongoing training is available if
needed and can be signed up for online.

More information has been included in the
Training section of this response.

Optional Services
a) Ability for Council members and staff to annotate or make private notes electronically directly into agendas and agenda backup using electronic devices such as
tablets or smart phones.

Fully supported in eScribe’s Meetings Pro app
for Council available on an iPad or Windows 10
Device.
b) Ability to create an unlimited number of tasks for any agenda item before, during or after meetings.

Fully supported and included with eScribe’s
Meeting Management System.

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c) Automatically generates a report indicating post-
meeting action items for a particular
individual/department and automatically deliver notice
to relevant contact(s).

Fully supported. Email notifications are also
supported for tasks.
d) Ability to effectively manage digital signatures on
staff reports.
eScribe has a built in electronic signature
functionality and currently looking at
integrations into other Digital signature
companies.

RFP Response Contact Details

eScribe will make itself available for any follow-up activities to support this RFP process. Should you have any specific questions about this document please feel free to contact

James Coulen
Territory Sales Manager
416-890-9808
[email protected]
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Subscription Agreement

Confidential Page 1 of 24
Subscription Agreement 2022
This Subscription Agreement (the "Agreement") together with any appendices referenced herein and attached hereto, is dated the ______day of ______, 2023 BETWEEN:
eScribe Software Ltd. (“eScribe”)

- and -

City of Hollister (“Customer”)

WHEREAS, eScribe (and/or its affiliates) has developed certain proprietary software applications and platforms for the purpose of meeting and agenda automation which it makes available as services via the internet (the "Services").

NOW THEREFORE, the Customer desires to use the Services in accordance with the terms and conditions of this Agreement.

Definitions
“Customer Data” shall mean electronic data and information uploaded or inputted to the Services or created, generated or produced by the Customer during Use of the Services.
“Data Storage: refers to the online electronic secure storage of Customer Data during the Use of the Services.
“Documentation” includes any and all printed or electronic guides and manuals, including sales, marketing and training materials provided by eScribe for the proper Use of the Services.
“Implementation Services” refers to the configuration and training services, and other services set out in Appendix C.
“Personal Information” means information which relates to an identified or identifiable individual, and includes any information defined from time to time as “personal information” under applicable State or Federal privacy legislation.
“Location” refers to the location of the Customer entities authorized to Use the Services as set out in Appendix D.
“Support Services” shall mean the technical support and product updates for the Services as made available under eScribe's Support Services set out in Appendix B.
“Taxes” refers to all present or future sales tax, consumption tax and similar taxes.

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Subscription Agreement

Confidential Page 2 of 24
Subscription Agreement 2022
“Use” shall mean the ability for the Customer to login with username and password and access the Services via the internet.

1. Services

a. eScribe shall provide the Implementation Services, the Services and the Documentation to the Customer subject to the terms of this Agreement.
b. eScribe shall provide the Implementation Services in a professional, timely, and competent manner and in accordance with industry standards. eScribe shall make every effort and take all appropriate steps to carry out the Implementation Services to the reasonable satisfaction of the Customer, in such a manner as is in the best interests of the Customer, and in compliance with all federal and state laws, local by-laws, and policies and procedures of the Customer. c. eScribe shall make the Services available twenty-four (24) hours a day, seven (7) days a week, and will credit the Customer 10% of the equivalent monthly Subscription Fees listed in Appendix A for each three (3) hour period for which the Services are unavailable for Use by the Customer in a monthly period. "Uptime" and "Downtime" is recorded and calculated on a monthly basis and will be applied as a credit towards the annual Subscription Fees listed in Appendix A, for the next year. Downtime does not include scheduled outages for software updates, server or network maintenance (which will generally be scheduled for weekends or after midnight eastern time), notification of which will be provided to the Customer’s designated Support Contacts five (5) days in advance. Unsuitable Customer operating environment, including, but not limited to, inadequate end user computer configuration, installed third party software, internet connection issues or general internet congestion issues are excluded from any downtime calculations. Account credits of eScribe for any twelve (12) month period is hereby limited to a maximum of twenty percent (20%) of the annual Subscription Fees listed in Appendix A paid by the Customer during the prior twelve (12) month period up to the outage. Downtime is measured from the time that a trouble ticket is registered with Support Services by the Customer for the Services being unavailable for Use or the time that eScribe becomes aware that the Services are unavailable for Use (whichever is earlier), to the time the problem is resolved and the Services are restored. In the event that eScribe becomes aware that the Services are unavailable for Use, eScribe shall notify the Customer immediately.

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Subscription Agreement

Confidential Page 3 of 24
Subscription Agreement 2022
d. The Customer may not make available the Service for Use by any third parties.
e. The Customer may not directly or indirectly through any third parties attempt to reverse-engineer or de-compile the operation of the Services in any manner through current or future available technologies, except that Customer may modify the Customer Data to the extent and in the manner described in the Documentation. f. Customer Data, which shall be hosted in The United States along with all copies and backups, together with all intellectual property rights therein, will belong to the Customer and the Customer remains the sole and exclusive owner of the Customer Data. During the Term of this Agreement, the Customer may retrieve such data from the Services at any time and, within ten (10) days of the Customer’s request, eScribe will make available any Customer Data that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4). eScribe shall not access, use, disclose, sell, rent, transfer or copy the Customer Data for any purpose (or authorize or permit a third party to perform such acts) other than as required to perform eScribe’s obligations pursuant to this Agreement.
g. At the execution of this Agreement and during the Term, eScribe represents and warrants to and in favor of the Customer and acknowledges that the Customer is relying thereon as follows:
i. eScribe has the legal capacity and right to execute this Agreement and carry out and observe the provisions thereof to be performed or observed by eScribe hereunder and to take all actions pursuant hereto and all necessary approvals have been given or obtained to authorize eScribe to execute this
Agreement and perform thereunder and to take all actions required pursuant hereto;
ii. eScribe’s execution, delivery, and performance of this Agreement will not constitute a violation of any judgment, order or decree, a default under any agreement by which it or any of its assets are bound or an event that would, with notice or lapse of time, constitute such a default;
iii. eScribe has the full and unencumbered right to grant to the Customer access to and use of the Services as provided in this Agreement, either through ownership or license, including upgrades, updates, improvements, modifications or
enhancements to the Services including any third party
components embedded in the Services, and that the rights B.10.b
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granted herein will not violate the terms of its agreements with any third parties;
iv. The Implementation Services and the Customer’s access to or use of the Services or of the Documentation do not and will not conflict with, infringe upon or violate and are not alleged by any person to conflict with, infringe upon or violate the intellectual property rights of any other person. In addition, there are no existing or threatened legal proceedings brought against eScribe in respect of the Services, the Documentation or the Implementation Services, or eScribe’s right to grant others the right to access and use the Services or the Documentation.

Should eScribe become aware of any such conflict,
infringement or violation or potential conflict, infringement or violation, eScribe will notify the Customer immediately; v. eScribe’s proprietary software applications and platforms are free of spyware and malware of any kind;
vi. The Services and the Implementation Services provided by eScribe hereunder will comply with the service and functional specifications set out in this Agreement, including the Documentation;
vii. eScribe will provide personnel who have the necessary technical skills, qualifications, experience, and training to provide information and expertise to the Customer in
accordance with this Agreement; and
viii. The Documentation is complete and will allow the Customer to access and use the Services.
h. eScribe shall retain such records in respect of the provision of the Implementation Services or of the Services and the fulfillment of its obligations hereunder as the Customer may from time to time reasonably require and shall make such records available at any time for inspection by the representatives of the Customer.

2. Support Services
a. During the Term of this Agreement, eScribe will provide the Customer the Support Services as described in Appendix B.

3. Fees

a. The first year’s Subscription Fees and the Implementation Fees as described in Appendix C, are due upon the date of this Agreement.

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The Subscription Fees are due annually thereafter, and will increase from the previous year’s Subscription Fees by five percent (5%). b. Implementation Fees are for remote personnel. Optionally, should the Customer wish to have eScribe provide onsite training, additional travel and living expenses would apply.
c. All fees and other charges set forth in this Agreement are exclusive of any and all applicable Taxes due to eScribe from Customer. Payment of all applicable Taxes shall be the responsibility of the Customer. If any such Taxes has to be withheld under this Agreement, Customer shall increase payment under this Agreement by such amount as to ensure that eScribe has received an amount equal to the payment otherwise required after such withholding or deduction.
d. Legacy Data fees if any, will be added to the annual Subscription Fees as set out in Appendix E.
e. All payments are due thirty (30) days from the date of invoice. a. All references to currency are in US Dollars.

4. Term
a. The term of this Agreement commences on the date this Agreement is executed by all parties and continues for a period of three (3) years (the “Term”), with the option to renew for an additional Term unless notice of cancellation is received 60 days prior to the expiration of the Term.

5. Termination
a. If either party is adjudged bankrupt, becomes insolvent, makes an assignment for the benefit of creditors, makes any arrangement for the liquidation of its debts or a receiver or a receiver and manager is appointed with respect to all or any part of its assets, or commences winding up proceedings, or bankruptcy or insolvency proceedings are instituted by or against such party, and such proceedings are not removed within sixty (60) days (an “Event of Bankruptcy”), then the party affected by such an Event of Bankruptcy must immediately give notice thereof to the other party, and the other party at its option may terminate this Agreement upon written notice to such affected party. b. If this Agreement is terminated by the Customer before the end of the Term other than for a breach of this Agreement on the part of eScribe, the Customer will be liable for a termination penalty amounting to 35% of the remaining Subscription Fees due to the end of the Agreement B.10.b
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if terminated in the first year, 25% of the remaining Subscription Fees due to the end of the Agreement if terminated in the second year and 15% of the remaining Subscription Fees due to the end of the Term if terminated in the third year or subsequent year of the Agreement.
c. Either party may terminate this Agreement upon written notice to the other party in the event that one party breaches any term or condition of this Agreement, provided that the non-breaching party gives the other party notice of the breach, and such breach is not remedied to the non-breaching party’s satisfaction within ten (10) days after delivery of such notice.
d. Within thirty (30) days after the termination of this Agreement by Customer pursuant to section 5 (a) or section 5 (c), eScribe shall refund to the Customer any Subscription Fees paid by the Customer for the period from the date of termination to the end of the Term on a pro-rated monthly basis commencing with the month following the date of termination.
e. Within thirty (30) days after the termination or expiration of this Agreement, eScribe will make available any Customer Data that is stored in native file format (Word, Excel, PowerPoint, PDF, MP4). After the thirty (30) day period, eScribe will delete or destroy all copies of Customer Data in its possession or control, unless legally prohibited and upon request, provide the Customer with a certificate of destruction.

6. Limitation of Liability
a. Liability of eScribe under this Agreement will be limited to the maximum amount of the annual Subscription Fees listed in Appendix A or the value of insurance listed in section 10, whichever is greater. eScribe will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Customer arising out of the use or failure to use the Service.

7. Indemnity
a. eScribe shall indemnify and hold harmless the Customer (including its elected officials, officers, representatives, agents, employees, volunteers, and affiliates) against any and all claims, demands, losses, suits, damages (including indirect, special, consequential, remote, B.10.b
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and economic damages), fees, fines, royalties, liability, and expenses (including reasonable lawyer’s fees) arising out of any suit, claim or action relating to eScribe’s performance or non-performance of its obligations pursuant to this Agreement, including any breach of any representation or warranty, or for actual or alleged direct or contributory infringement of, or inducement to infringe, any intellectual property right relating to the Implementation Services, the Services or the Documentation or for actual or alleged misuse or misappropriation of a trade secret resulting directly or indirectly from eScribe’s action. These obligations of indemnity will survive the termination or expiration of this Agreement however caused.

b. eScribe shall have no liability hereunder for any claim of intellectual property infringement based on the combination, operation or use of the Service with software, hardware or other materials not furnished or approved in writing by eScribe if such infringement would have been avoided without such software, hardware or other materials.

c. In the event the Service or a component part thereof is held by a court of competent jurisdiction, or is believed by eScribe, to infringe or potentially infringe a third party’s rights, eScribe shall, with prior notice to the Customer, (i) modify, at its expense, the Service to be non- infringing; provided that such modification does not adversely affect the Service as set out in this Agreement, or (ii) obtain for Customer the right to continue using the Service in its current state at no additional expense to the Customer, or (iii) if eScribe determines that neither of the foregoing options are reasonably available, eScribe may terminate this Agreement and refund any prepaid Fees to the Customer for which it has not received Services.

8. Confidentiality

a. "Confidential Information" means all information disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether verbal or in writing, that is marked as confidential or that reasonably should be understood to be confidential given the nature of the information. The Customer’s confidential information includes Customer Data, and eScribe’s confidential information includes the Services and Documentation. Confidential information of each party includes, the terms of this Agreement, as well as current and future technical specifications, product plans, features and roadmaps, business and marketing plans, customer lists and relationships, costs and pricing strategies, financial and employee B.10.b
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information and records, as they may be disclosed by either party during the Term of this Agreement.
b. Confidential information does not include any information that (i) is or becomes publicly available without a breach of the terms of this Agreement, (ii) is received from a third-party without breach of any obligation owed to the Disclosing Party, or (iii) the Receiving Party is entitled to disclose in response to a court order or as otherwise required by law; provided that the Receiving Party notified the Disclosing Party prior to such disclosure forthwith after receipt of such order to give the Disclosing Party time to contest such order. c. All Confidential Information shall remain the sole property of the Disclosing Party.
d. The Receiving Party shall not divulge or disclose any Confidential Information communicated to or acquired by it, or disclosed by the Disclosing Party in the course of carrying out this Agreement. No Confidential Information will be used by the Receiving Party on any other project or for any other purpose without the prior written consent of the Disclosing Party, which consent may be not unreasonably withheld. The Receiving Party shall receive and store the Confidential Information with the same degree of care that it uses to protect the confidentiality of its own confidential information from unauthorized use, duplication or disclosure to third parties; provided such standard is no less than a reasonable standard considering the nature of the Confidential Information.
e. Upon termination or expiration of this Agreement, the Receiving Party shall immediately cease to use Confidential Information in any manner whatsoever, shall return to the Disclosing Party or securely destroy all Confidential Information, and shall not retain any copies of the Confidential Information.
f. eScribe agrees and acknowledges that the Customer may be subject to State or Federal privacy legislation that may be in effect during the Term of this Agreement. The provisions of this section 8(f) supplement the terms of section 8 as it pertains to Confidential Information that is “Personal Information”. eScribe acknowledges that in the course of its provision of the Software Services, it will be provided with and have access to Customer Data which includes “Personal Information”, and that such information is confidential. eScribe agrees that such Personal Information will be used solely for the purposes of performing the Software Services and that it will safeguard such Personal Information by appropriate physical and technological means, including those specified in section 13. eScribe will not, other than as required to provide the Software Services, disclose, transfer, sell, B.10.b
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assign, publish or otherwise make available the Personal Information for its own use or the use of any other person or entity, except (and provided the Customer is promptly notified so as to permit it an opportunity to object to disclosure before it takes place, if feasible) where disclosure: (i) may be required to comply with a subpoena, warrant, or court order; (ii) is requested by a government institution that has the lawful authority to obtain the Personal Information; or (iii) is otherwise required by law. In addition, the Customer will be solely responsible for responding to any request by any Customer employee or other individual for access to, or correction of, any Personal Information. eScribe will notify the Customer immediately of any breach of this section 8(f).
g. These obligations of confidentiality will survive the termination or expiration of this Agreement however caused.

9. Non-Solicitation
The Customer agrees that during the term of this Agreement, and for a period of one year following the date of termination of this Agreement, Customer will not attempt to obtain withdrawal from eScribe of any employee or person retained or engaged by eScribe in any capacity whatsoever.

10. Insurance

a. eScribe shall obtain and maintain in force during the Term of this Agreement the following policies of insurance (all amounts in USD):

i. General liability insurance insuring eScribe’s obligations and responsibilities with respect to the performance of Services as set out in this Agreement. The policy will be extended to include bodily injury and property damage, products and completed operations, personal and advertising injury, Implementation Services, contingent employer’s liability, and contractual liability to a limit of no less than two million dollars ($2,000,000) per occurrence. The policy will include a cross liability and severability of interest clause and be endorsed to name the Client as an additional insured;
ii. Non-owned automobile insurance to a limit of no less than one million dollars ($1,000,000);
iii. If applicable, automobile insurance (OAP1) for both owned and leased vehicles with inclusive limits of no less than one million dollars ($1,000,000); and
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iv. Errors and omissions liability insurance insuring eScribe to a limit of no less than two million dollars ($2,000,000) per claim and five million dollars ($5,000,000) in the aggregate. The coverage under the policy will be maintained continuously during the Term of this Agreement and for an additional two (2) years after the termination or expiration of this Agreement and will cover insurable losses arising out of or in association with an error or omission in the rendering of or failure to complete and provide the services as set out in this Agreement. Coverage under the policy will respond to, but not be limited to the following occurrences:

A. Privacy breach and violations as a result of but not limited to unauthorized access to or wrongful disclosure or
dissemination of private information, failure to properly handle, manage, store, destroy or control personal
information and include the failure to comply with privacy laws and their respective regulations regarding the
collection, access, transmission, use, and
accuracy. Coverage will extend to include the costs
associated with notification of affected parties, regardless if required by statute as well as any fines or penalties or costs imposed as a result of the breach including defense of any regulatory action involving a breach of privacy;
B. Network security incidents arising from system security failures such as, but not limited to, unauthorized access, theft or destruction of data, electronic security breaches, denial of service, spread of virus within eScribe’s computer network or other third party computer information systems and will further include expenses related to third party computer forensics;
C. Privacy breach expenses including crisis management
related to electronic and non-electronic breaches;
D. Content or media liability including personal and advertising liability, intellectual property infringement coverage
(copyright, trademark, trade name, service mark, trade dress or trade secret) arising out of media content created,
produced or disseminated by eScribe;
E. Coverage for delay in performance of a contract or
agreement resulting from an error or omission; and
F. Coverage for damages resulting from dishonest and criminal acts committed by an employee of eScribe.

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If coverage is to be cancelled or non-renewed for any reason, eScribe shall provide the Customer with ninety (90) day notice of said cancellation or non-renewal. The Customer may request an Extended Reporting Endorsement be purchased by eScribe at eScribe’s expense. The term of the Extended Reporting Endorsement will be decided by the Customer and eScribe. b. eScribe shall ensure that all policies of insurance will:

i. be written with an insurer properly licensed to do business; ii. contain an undertaking by the insurers to notify the Customer in writing no less than thirty (30) days prior to any termination or cancellation of coverage unless otherwise required by law; and iii. be non-contributing with and will apply only as primary and not excess to any other insurance or self-insurance available to the Customer.
c. Any deductible amounts will be borne by eScribe.
d. eScribe shall deliver to the Customer certificates of insurance evidencing renewal or replacement of policies required under this Agreement at least fifteen (15) days prior to the expiration or replacement of the current policies without demand by the Customer. e. If eScribe fails to maintain in force any insurance required to be maintained by it hereunder, then the Customer, without prejudice to any of its other remedies, may obtain such insurance on behalf of and at the cost of eScribe.
f. eScribe and its agents, volunteers, contractors, subcontractors, employees, and insurer(s) hereby release the Customer from any and all liability or responsibility, including anyone claiming through or under them, by way of subrogation or otherwise for any loss or damage which eScribe may sustain incidental to or in any way related to eScribe’s obligations under this Agreement.

11. Advertising

a. Customer agrees that eScribe may use and disclose Customer’s name in its marketing material with prior written approval of the Customer, which will not be unreasonably withheld.

12. Trademarks

a. Any trademarks and service marks (“Trademarks”) adopted by eScribe to identify the Services, Documentation and other products B.10.b
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and services, belong to eScribe. Nothing herein grants, or shall be construed to grant, to Customer any rights to such Trademarks.

13. Development Input

a. Customer shall be entitled to provide eScribe with information and feedback concerning the Service’s functional requirements and product definition which eScribe shall consider when formulating the product development roadmap and plans. This co-operative process between eScribe and the Customer does not create any obligation upon eScribe to adhere to Customer’s feedback, nor does it create any ownership interest in the Services on the part of Customer should eScribe incorporate any of Customer’s suggestions into the development plan or ultimately into the Services.

14. General Provisions
a. Relationship of Parties. In all matters relating to this Agreement Customer and eScribe are independent contractors, and nothing in this Agreement shall be deemed to place the parties in the relationship of employer-employee, principal-agent, partners, or joint ventures.
b. Entire Agreement. This Agreement, including all Appendices, is the entire Agreement between the parties and supersedes all prior negotiations, understandings and agreements between the parties concerning the subject matter hereof. No amendment or
modification of this Agreement shall be made except by written agreement of both parties.
c. Ride Along: The terms of this Agreement may be extended for use by other parties, including: associated local governments, school boards and government agencies upon execution of an addendum outlining the associated Services and Fees applicable. This term is not intended to circumvent any procurement rules and regulations of the additional party.
d. No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of the Agreement.
e. Partial Invalidity. Should any provision of this Agreement be held to be void, invalid, or inoperative, the remaining provisions of this B.10.b
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Agreement shall not be affected and shall continue in effect as though such provisions were deleted.
f. Force Majeure. Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, act of government, or any other similar cause beyond the reasonable control of such party ("Force Majeure”), provided that such party gives the other party written notice thereof promptly and, in any event, within ten (10) days of discovery thereof and uses its reasonable efforts to cure the delay.

Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of non-performance exceeds ten (10) days from the receipt of notice of the Force Majeure event, the party whose performance has not been affected may, by giving written notice, immediately terminate this Agreement. g. Assignment; Enurement. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of it rights or obligations hereunder, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party’s consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party’s business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void.
h. Injunctive Relief. The parties recognize that a remedy at law for a breach of the provisions of this Agreement relating to either party’s Confidential Information will not be adequate for the non-breaching party’s protection, and accordingly the non-breaching party shall have the right to seek, in addition to other relief and remedies available to it, injunctive relief to enforce the provisions of this Agreement in any court of competent jurisdiction.
i. Governing Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of California, and the federal laws of The United States applicable therein.
j. Calendar Days. All references to a day or days in this Agreement mean a calendar day or calendar days.

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k. Time of the Essence. Time is of the essence of this Agreement and of every part hereof and no extension or variation of this Agreement will operate as a waiver of this provision.
l. Survival. All obligations of the parties which expressly or by their nature survive termination or expiration of this Agreement will continue in full force and effect subsequent to and notwithstanding such termination or expiration and until they are satisfied or by their nature expire. m. Headings. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement.

Words in the singular mean and include the plural and vice versa.

Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
n. Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be sent in a manner requiring a signed receipt, such as courier delivery, or if mailed, registered or certified mail, return receipt requested. Notice is effective upon receipt. Notice to both parties shall be to the address and contact set forth below and updated from time to time.
eScribe Software Ltd.
204-60 Centurian Drive
Markham, ON L3R 9R2
Attention: Office of the President
Customer Contact Info for Notices:

Attention: Office of the City Clerk

City of Hollister
375 Fifth Street
Hollister, CA
95023

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The undersigned parties hereby enter into this Agreement,

eScribe Software Ltd. City of Hollister

Signature Signature

Date Date

Authorizing Officer, Title Authorizing Officer, Title

I have the authority to bind the organization

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Appendix A – Annual Subscription Fees

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Appendix B – Support Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Support Services as defined.

Definitions:

The definitions used in the Agreement are incorporated herein. In addition, the following terms shall have the following ascribed to them:
“Business Hours” means the hours during which eScribe’s helpdesk is available to take live incoming calls, emails and be available to respond to the Customer’s Support Contacts, namely 8:00 a.m. to 8:00 p.m., Monday through Friday eastern time (excluding statutory holidays). “Extended Hours” means the hours during which eScribe’s helpdesk is available to take urgent calls during 8:00 p.m. to 11:00 p.m. EST, Monday through Friday eastern time (excluding statutory holidays). “Support Contacts” means the Customer designated individuals (to be identified in the attached Problem Reporting Schedule) and any replacements designated in writing to eScribe who will serve as technical liaison between eScribe and Customer and who are to have technical knowledge and experience with the Services used by the Customer. "Updates" shall mean fixes, patches, modifications, improvements to functionality or revisions to the Services and Documentation.

All other capitalized terms shall have the meanings set out in the Agreement.

Support Services:
eScribe will provide the following services to Customer:
a. Technical assistance by telephone or electronic mail. b. Receipt and monitoring of calls during Business Hours at eScribe’s support desk.
c. Direct access for Customer Support Contacts to eScribe’s team of support technicians.
d. Provision of any available problem solutions related to the Services e. Make reasonable commercial efforts to provide a response to all reported problems in the manner described in the Problem Reporting Process below.
f. Make available any Updates to the Services and Documentation at no additional charge, subject to Customer’s responsibility for any Implementation Services fees for any new Services.

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Exclusions:
a. Customer’s third-party hardware and software not part of this Agreement.

Problem Reporting Process:

Step 1: Contact eScribe using one of the following methods:

Toll free number 1-855-299-0023
Email: [email protected]
Portal: https://customerportal.eScribemeetings.com

Step 2: Provide the following information:

Provide Support Contact’s name, location the Services are in Use, telephone number and E-mail address.

Step 3: Provide a description of the problem.

Provide as much detail, including system error messages and screen printouts, as possible. eScribe assign a Priority Level based on the response matrix below.

Priority Level Initial Response Status Updates
1- Complete Services or business
critical functions unavailable
or impaired
Within 2 hours Every 4 hours
2- Specific Services functions
unavailable or impaired
Within 4 hours Every 8 hours
3- Services operational, isolated
or individual user issues
Next Business Day As required on each
reported incident

eScribe shall assign a ticket number to reference the case in all future communications with Customer regarding the reported incident.

Customer understands that failure to provide accurate and detailed call information as described above may increase the amount of time needed by eScribe to diagnose the problem and develop a possible solution.

Regardless of the priority assignment, Customer’s problem must relate to the Services in order for Support Services to be applied hereunder. Where eScribe is required to perform Support Services outside of the scope of the Agreement, including but not limited to investigations, efforts and B.10.b
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resolutions pertaining to third party software, hardware, networks or facilities, eScribe shall charge Customer at its daily Implementation Services rate for the services rendered.

Using the Customer Community Portal, customers are able to check the status of their support tickets at any time.

The case will not be closed by eScribe until receipt of written confirmation from the Support Contact that the problem has been resolved. If written confirmation or feedback is not received within ten (10) business days, it will be assumed the problem has been resolved and the case will be closed.

General Support Terms:
a. The Support Contacts will be the only persons authorized to receive the Support Services hereunder and to instruct eScribe in respect of Support Services.
b. The delivery of Support Services hereunder does not extend to: i) Inadequate Customer computer configurations, installed third party software, internet connection issues or general internet congestion issues; ii) Services which have been altered, modified or improperly configured by the Customer, its customers, or any third party without eScribe’s prior written consent; iii) failures related to an accident, disaster or other Force Majeure event; iv) any unauthorized use of the Services; c. eScribe warrants that its Support Services personnel shall deliver services in a professional manner and in accordance with industry standards. d. Response and resolution times provided in the Problem Reporting Process or otherwise whether orally or in writing, are intended as good faith estimates, guidelines or objectives only and are not to be taken as warranties or representations.

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Appendix C – Implementation Services
Subject to the terms and conditions of this Agreement, eScribe shall perform the Implementation Services as listed below.

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Appendix D – Authorized Customer Locations

Authorized Meeting Types

Meeting Name
Main Meeting Body (Council/Board
of Trustees)

Standing Committees (Standing
Committees as established by the
Main Meeting Body, and that report
directly to Council the Main Meeting
Body)

Reporting Subcommittees (Sub-
Committees as established by the
Main Meeting Body or Standing
Committee, and that report directly
to an established Standing
Committee)

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Appendix E – Legacy Data Storage Fees

Upon the completion of the initial, or any subsequent Term or Third Party Data Migration, (Appendix F) eScribe will measure the total Customer Data Storage in gigabytes (GB) to calculate any Legacy Data storage fees based on the following schedule:

GB Price / GB / Year
0-50 $ 10.00
51-100 $ 9.50
101-150 $ 9.00
151-200 $ 8.50
201-300 $ 8.00
301+ $ 7.50

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Appendix F – Third Party Data Migration – Project Scope

Subject to the terms and conditions of this Agreement, eScribe shall perform the Third Party Data Migration Services listed below.

In Scope

N/A

Out of Scope

N/A

Assumptions

N/A

Additional Notes

It is important to note that this migration does not replace the need for customer to obtain a backup of all data upon termination of contract with incumbent vendor. Migrated data is strictly for presentation through eScribe’s Internet Publishing module, and should not be used as an archive or backup of incumbent system’s data.

It is also important to note that once the web interface for the incumbent system has been taken down, the data can no longer be accessed by eScribe for any future migration work. Incumbent system should not be terminated until all migrated data has been fully validated and verified complete.

Additional Fees

At the completion of the migration, an additional legacy data storage fee will be charged based on the amount of migrated data in gigabytes (GB) as per the table in Appendix E.

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Modification to Services

The Customer wishes to modify the Services as defined below, effective the ______day of _________ 2022, in accordance with the terms and conditions of the Client Subscription Agreement (the “Agreement”), dated ______________

Services Fees:

Module Addition/Deletion Annual Fee Quantity Cost
-$
-$
-$
-$
-$
-$
-$
Total - Annual Subscription Fees -$
Implementation Fees:

Service Fee Quantity Cost
-$
-$
-$
Service Fee Quantity Cost
-$
-$
-$
-$
-$
Implementation Fees
Total - One-time Implementation Fees
Training Fees
Total Training Fees

The first year’s Subscription Fees and the Implementation Fees are due upon the date of this Appendix, and the Subscription Fees are due annually thereafter.

The undersigned parties hereby enter into this Agreement,

eScribe Software Ltd. Client

Signature Signature

Authorizing Officer, Title Authorizing Officer, Title
I have the authority to bind the organization
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-85, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ACCEPTING THE IMPROVEMENTS IN THE PUBLIC RIGHT-OF-

WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE CERRO VERDE SUBDIVISION; AND ACCEPTING THE OFFERS OF DEDICATION SHOWN IN THE FINAL

MAP FOR, OR SEPARATELY RECORDED AGAINST, THE PROPERTY

BRIEF DESCRIPTION: Consider accepting the improvements in the public right-of-way and other areas designated for public use within the Cerro Verde Subdivision; and accept the offers of dedication shown in the final map for, or separately recorded against, the property.

RECOMMENDATION: Accept the improvements constructed within Cerro Verde Subdivision and accept the offers of dedication shown in the final map for, or separately against, the property.

DEPARTMENT SUMMARY: On March 16, 2020, the City Council adopted Resolution No. 2020-35 approving the Subdivision Improvement Agreement (SIA) for the Cerro Verde Subdivision, Tract No. 350 and the final map authorizing and directing the City Manager, for and on behalf of the City of Hollister and its act and deed, to execute the Subdivision Improvement Agreement for the improvements.

Cerro Verde is a small infill subdivision comprised on nineteen residences. It is located at the intersection of Sawtooth Drive and El Cerro Drive in Hollister. The improvements to be accepted, operated maintained by the City include the extension of Sawtooth Drive to El Cerro Drive, the widening of El Cerro Drive, the new Robbies Court, and a storm water detention basin.

On April 15, 2023, the improvements in the public right-of-way and other areas designated for public use in the Cerro Verde Subdivision constructed by TMP Venture LLC (Developer) were completed to the satisfaction of the City Engineer.

Upon adoption of the resolution, the City Engineer is required to record the notice of acceptance, in a form approved by the City Attorney, in the official records of San Benito County.

Developer warranties and guarantees all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the public improvements. Developer will furnish a warranty bond to the City pursuant to the Subdivision Improvement Agreement.

FINANCIAL IMPACT: The acceptance of the improvements requires the City to incur additional costs for the operation and maintenance of (1) improvements in the public right-of-way including streets, sidewalk, street lights, signage, landscaping, and B.11
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irrigation, as well as, (2) a storm water detention basin. The additional operations and maintenance may or may not require additional staff as Cerro Verde is a relative small subdivision.

The Cerro Verde Subdivision is in Community Facilities District No. 4. Each property owner is required to pay an annual fee to provide funds to operate and maintain the improvements.

CEQA: Exempt

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. 2023-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ACCEPTING THE

IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY AND OTHER AREAS DESIGNATED FOR PUBLIC USE WITHIN THE CERRO VERDE SUBDIVISION; AND ACCEPTING THE

OFFERS OF DEDICATION SHOWN IN THE FINAL MAP FOR, OR SEPARATELY

RECORDED AGAINST, THE PROPERTY

WHEREAS, on March 16, 2020, the City Council of the City of Hollister adopted Resolution No. 2020-35 approving the Subdivision Improvement Agreement for the Cerro Verde Subdivision, Tract No. 350 and the Final Map and authorizing and directing the City Manager, for and on behalf of the City of Hollister and as its act and deed, to execute the Subdivision Improvement Agreement for the improvements; and

WHEREAS, on April 15, 2023, the improvements in the public right-of-way and other areas designated for public use in the Cerro Verde Subdivision constructed by TMP Venture LLC were completed to the satisfaction of the City Engineer; and

WHEREAS, the City Engineer recommends acceptance of the public improvements; and

WHEREAS, upon adoption of the resolution, the City Engineer is required to record the notice of acceptance, in a form approved by the City Attorney, in the official records of San Benito County; and

WHEREAS, the City Engineer recommends the acceptance of offers of dedication shown in the final map for, or separately recorded against the dedicated property as provided for in the Subdivision Improvement Agreement; and

WHEREAS, TMP Venture LLC shall warranty and guarantee all Work and all materials used in the Work for a period of one year after the date of recordation of the notice of acceptance of the public improvements; and

WHEREAS, TMP Venture LLC shall furnish and deliver a warranty bond to the City pursuant to the Subdivision Improvement Agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby:

1. Accepts the improvements in the public right-of-way and other areas designated for public use within the Cerro Verde Subdivision; and

2. Accepts the offers of dedication shown in the final map for, or separately recorded against, the property.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 2023, by the following vote:

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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. 2023-85, 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 5, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: ORDINANCE NO. 1233 AN ORDINANCE OF THE CITY OF HOLLISTER

AMENDING THE MUNICIPAL CODE TO ADD ARTICLE X-OUTSIDE SEWER CONNECTIONS TO CHAPTER 13.04 SEWER SERVICE SYSTEM OF THE MUNICIPAL CODE

DESCRIPTION: The City Council will consider amendments to the City of Hollister Municipal Code to add Article X. - Outside Sewer Connections to Chapter 13.04 Sewer Service System of the Municipal Code to include regulations for requests to connect properties located outside of the City to the City’s sanitary sewer service system.

RECOMMENDATION: Hold a public hearing and introduce an ordinance of the City of Hollister amending Chapter 13.04 Sewer Service System of the Hollister Municipal Code and schedule a second reading and adoption of the ordinance for the June 5, 2023 City Council Meeting.

DEPARTMENT SUMMARY: The current Municipal Code does not include standards or regulations regarding requests to connect a property located outside of the City Limits to the City’s sanitary sewer system. The City has reviewed and approved past requests inconsistently because this type of request is not currently included in the Municipal Code and therefore no procedures or regulations have been adopted for these applications. The City is currently reviewing two applications for an outside connection and other property owners have expressed an interest in applying for an outside connection.

As part of the City’s ongoing effort to ensure that all projects are reviewed consistently and to provide property owners and applicants with clear regulations, submittal requi rements and review procedures, staff has drafted an Ordinance (Chapter 13.04, Article X. – Outside Sewer Connections) for inclusion into the Municipal Code. This section will clearly establish the criteria for connecting to the sewer system, general regulations, requirement for an Outside Sewer Service and Annexation Agreement, Application submittal requirements and establishes review procedures for these types of requests.

The following is an explanation of the new Article X. – Outside Sewer Connections of Chapter

13.04 – Sewer Service System.

Purpose:

Property owners from time to time request a connection into the City’s sanitary sewer system from outside the City Limits. Most property owners request a sewer connection because the existing septic system is at risk of failure. In some cases, repair or replacement of the septic system is not possible and the City’s sewer system is the closest service provider. The City has approved these requests in the past and Staff recommends allowing these requests to continue with the establishment of clear procedures and requirements to establish the process and provide Staff with the review process, requirements and application procedures so that it can be consistently applied to these types of requests.

Outside Sewer Service Connection Criteria (Section 13.04.810):

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This Section has been drafted to allow for two types of outside connections. For properties which are outside of the City, within the Sphere of Influence, and are contiguous to the City Limits, staff is recommending that a connection be allowed if the applicant can submit a certificate from the San Benito County Environmental Health Services Division that the existing septic system is at risk for failure, the need for a connection is not the result of illegal construction or an illegal subdivision and if the applicant also submits an application for prezoning and annexation concurrently. Typically, these types of requests would require approval of annexation prior to connection. Staff is recommending that these types of connections be allowed to move forward while the property owner is working on a prezoning and annexation which can be a lengthy process.

For properties which are not contiguous to the City Limits or are outside of the Sphere of Influence, the property owner can still apply for an outside sewer connection with a certificate from the San Benito County Environmental Health Services Division that the existing septic system is at risk for failure, the need for a connection is not the result of illegal constr uction or an illegal subdivision and submission of evidence from the San Benito County Local Agency Formation Commission that the connection is authorized in accordance with Government Code Section 56133. Additionally, the property owner must enter into an Outside Sewer Service and Annexation Agreement which will establish the requirement that the property would be annexed into the City at such time that the property becomes contiguous.

Under the provisions of this Chapter, developed properties which do not meet the criteria discussed above or are undeveloped properties may only connect to the City’s sewer system following City Council approval of a prezoning application and annexation into the City, pursuant to the requirements of Section 17.24.250 of the Municipal Code. Connection to the City’s sewer system to allow developments to be constructed outside of the City would not be allowed.

General Regulations (Section 13.04.820):

This section of the draft Ordinance further establishes the requirement for prezoning and annexation of the subject property, requirement for the property owner to pay for all costs associated with the connection/construction, and the requirement that future constriction comply with the provisions of the Hollister Municipal Code to ensure that there are no future impacts to the City’s sewer system.

Outside Sewer Service and Annexation Agreement (Section 13.04.830):

In connection with a request for a connection to the City’s sewer system from outside of the City, the property owner will be required to enter into an irrevocable Outside Sewer Service and Annexation Agreement with the City. The Agreement will include the following:

 Agreement that the property owner will annex into the City when the property becomes contiguous to the City
 For properties that are currently contiguous and have applied for a prezoning and application, an agreement that the property owner will annex into the City within one year of the approval of the sewer connection.
 Requirement that construction and design will meet all City design requirements and standards.
 Agreement to apply for and receive all required Building Permits from the City of Hollister
 Agreement to not construct any future dwellings prior to annexation.  Agreement to not subdivide the property prior to annexation.

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 Agreement to pay all fees associated with permits, construction, review, connection and installation.

Outside Sewer Service Connection Application (Section 13.04.840):

Property owners who wish to apply for an outside sewer connection will be required to submit an application, application fee (currently $3,568.08), and application materials listed in this section to the Planning Division. Property owners will also be required to enter into an Outside Sewer Service and Annexation Agreement and record a Deed Restriction on the property which will notify any future property owners of the requirements of Article X. – Outside Service Connections and that there is an Outside Sewer Service and Annexation Agreement for the property.

Review of Outside Sewer Connection Application (Section 13.04.850):

All applications for an outside sewer connection will be acted upon by the City Council. The City Council can approve the request if the following findings can be made:

1. There is sufficient capacity in the trunk lines and at the treatment plant to adequately provide sewer service to the property as determined by the City.

2. The Applicant has submitted a complete Prezoning Application and annexation is anticipated to occur within the next year or annexation of the property is not possible because the site is not contiguous to the City and the Applicant has entered into an Outside Sewer Service and Annexation Agreement.

3. The property meets the requirements for eligibility under Section 13.04.810.

4. The San Benito County Environmental Health Services Division has determined that the existing septic system(s) is at risk for failure and no remedy other than connection to City sewer is available.

5. The outside sewer connection is necessary to protect the public from health and safety impacts related to septic failure.

6. The Applicant(s) have entered into an irrevocable Outside Sewer Service and Annexation Agreement agreeing to annex to the City at such time as deemed necessary by the City, to be specified in the agreement.

Conclusion:

The proposed amendment to the Municipal Code to include Title X. – Outside Sewer Connections to Chapter 13.04, Sewer Service Systems, will further the City’s goal of updating the Municipal Code to ensure that the Code clearly establishes permitting requirements, is clear and easy to understand and reflects the needs of the residents. The City has reviewed requests for outside sewer connections inconsistently in the past because the Municipal Code does not include any provisions regarding these requests. Staff recommends that property owners be allowed to connect to the City’s sewer system to protect the health and safety of the community by limiting health impacts related to septic system failures. The proposed Title X will prov ide Staff and residents with clear regulations, submittal requirements and review procedures to ensure that all requests are consistently reviewed.

FINANCIAL IMPACT: $0.

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CEQA: The proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed Ordinance will not result in any direct physical change to the City and any future projects or connections will be subject to the requirements of CEQA and the refore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

ATTACHMENTS:

1. Sample Agreement (Inside SOI and Contiguous to City Limits)

2. Sample Agreement (Outside SOI or Inside SOI but not Contiguous to City Limits)

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. 1233

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING THE MUNICIPAL CODE TO ADD ARTICLE X-OUTSIDE SEWER CONNECTIONS TO CHAPTER 13.04 SEWER SERVICE

SYSTEM OF THE MUNICIPAL CODE

WHEREAS, the City occasionally initiates amendments to the Municipal Code to ensure that the Municipal Code reflects the needs of the City; and

WHEREAS, the Municipal Code currently does not include any provisions or procedures related to connections to the City’s sanitary sewer system (Sunnyslope Water District) from outside of the City Limits; and

WHEREAS, connections to the sanitary sewer system may be necessary in order to ensure that there are no health or safety impacts related to septic system failure to residents; and

WHEREAS, a Staff Report was submitted to the City Council of the City of Hollister recommending approval of the proposed Municipal Code Amendment; and

WHEREAS, the City Council held a public hearing on the proposed Municipal Code Amendment on May 15, 2023, at which time all interested parties had the opportunity to be heard; and

WHEREAS, proper notice of said heading was given as required by law; and

WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony herein and used its independent judgement to evaluate the proposed amendments; and

WHEREAS, the City Council of the City of Hollister hereby makes the following finding regarding the California Environmental Quality Act:

1. The California Environmental Quality Act (CEQA) together with State Guidelines, require that certain projects be reviewed for environmental impacts. The City Council hereby finds that the proposed amendment to the Municipal Code are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendment will not result in any direct physical change to the City and any future connections to the City’s sanitary sewer system will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378).

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

SECTION 1: The Hollister Municipal Code is hereby amended to add Title 13, Article X – Outside Sewer Connections, to read as follows:

TITLE 13: SEWER SERVICE SYSTEM
ARTICLE X. - OUTSIDE SEWER CONNECTIONS

13.04.800 Purpose

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This chapter establishes requirements for the extension of sanitary sewer connections outside of the city limits and is intended to:

A. Protect public health and safety by establishing standards for sewer connections for residential, commercial/industrial, or lands of other uses into the City’s sanitary sewer system; and

B. Remedy the public health and safety impacts of failed on-site solid sewer systems.

13.04.810 Outside Sewer Service Connection Criteria

A. Property contiguous to the City and within the Sphere of Influence. City sanitary sewer service may be provided on developed property contiguous to the City and located in the unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted sphere of influence of the City with approval of the City Council under the following circumstances:

1. Submittal of certification from the San Benito County Environmental Health Services Division that the existing septic system is failing, and a dangerous public health problem exists, no other on-site disposal system is feasible, and that the only available remedy is connection to an existing public sewer system; and

2. The need for the sanitary sewer connection is not the result of illegal construction or an illegal subdivision; and

3. The applicant for sewer service connection has submitted a prezoning and annexation application in accordance with Section 17.24.250.

B. Property not contiguous to the City and/or outside of the Sphere of Influence. City sanitary sewer service may be provided on developed property which is not contiguous to parcels located in the City and/or is located outside of the LAFCo adopted sphere of influence of the City with approval of the City Council under the following circumstances:

1. Submittal of certification from the San Benito County Environmental Health Services Division that the septic system is failing, and a dangerous public health problem exists, no other on-site disposal system is feasible, and that the only available remedy is connection to an existing public sewer system; and

2. The need for the sanitary sewer connection is not the result of illegal construction or an illegal subdivision; and

3. The applicant for a sewer service connection has submitted evidence from the San Benito County Local Agency Formation Commission (LAFCo) that the connection is authorized in accordance with Government Code Section 56133; and

4. The applicant for a sewer service connection shall provide for future annexation in accordance with Section 17.24.250 of the Municipal Code by entering into an F.1
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irrevocable Outside Sewer Service and Annexation Agreement to annex to the City.

C. City sanitary sewer service on developed properties which do not meet the criteria of subsection A or B of this section and on undeveloped properties shall only be provided in conjunction with prezoning and annexation pursuant to Section 17.24.250 of the Municipal Code.

13.04.820 General Regulations

A. Connections to Sanitary Sewer. The parcel shall be connected to the City’s sanitary sewer in accordance with the requirements of and subject to the satisfaction of the Development Services Director. All costs associated with the installation of new sewer systems, both on-site and off-site, and including any laterals shall be at the property owner’s expense. This includes all City fees, such as sewer impact fees, plan check fees, permit fees, inspection fees, annual service charges, fees for the preparation of all associated agreements, and all other required City fees.

B. Prezoning and Annexation.

1. Properties applying under Section 13.04.810(A) shall be prezoned pursuant to Section 17.24.250 of the Municipal Code and annexed into the City within one year of approval of outside sewer connection.

2. Properties applying under Section 13.04.810(B) shall annex into the City pursuant to the Sewer Service Agreement.

C. Nonconformities. Nonconforming uses, structures and lots with an outside sewer service connection are subject to the provisions of Section 17.24.220, Nonconforming Uses and Structures, of the Hollister Municipal Code.

D. Conveyance by Sanitation District. When the connection to the City’s sanitary sewer requires conveyance through another sanitation district, the subject parcel shall contract with the available sanitation district and all appropriate fees for connection, maintenance, and use shall be paid. Such conveyance shall only be applicable to those parcel in the vicinity of such a district and conveyance is feasible as determined by the City Engineer and Community Services Director.

E. Other Regulations. The City may impose such reasonable conditions or restrictions as it deems necessary to secure the purpose of the City’s General Plan and Municipal Code and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with.

13.04.830 Outside Sewer Service and Annexation Agreement

A. In connection with the application for an outside sewer service connection, the City and all parties with right, title, or interest in the property shall enter into an irrevocable Outside Sewer Service and Annexation Agreement with the City in a form satisfactory to the City Attorney and the Director of Development Services.

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B. The Agreement shall include the following:

1. Agreement that the property will be annexed into the City at such time that the property becomes contiguous to the City or if currently contiguous to the City, agreement to annex the property into the City within one year of the approval of the Outside Sewer Service Connection Application approval.

2. Specifications to ensure compliance with all city design and construction standards related to the sewer extension and connection.

3. Agreement to apply to and receive approval from the City of Hollister for Building Permits, or other entitlements as required, prior to any future construction or improvements on the property. All construction and improvements shall co mply with the Hollister Municipal Code.

4. Agreement not to construct any future dwellings, structures or Accessory Dwelling Units prior to the property being annexed into the City.

5. Agreement not to subdivide the property prior to annexation into the City.

6. Agreement to pay all required fees including, but not limited to, the following:

a. Planning and building permits, with associated fees, to the City as a condition of building permit issuance as required by Section 13.04.310.

b. All City and other sanitation district sewer impact and connection fees.

c. All fees associated with the preparation of agreements, including the Outside Sewer Service and Annexation Agreement and any
reimbursement agreement.

d. All costs and fees associated with the sewer connection, including but not limited to installation of all necessary pipes and appurtenances.

7. All other terms deemed necessary by the City.

13.04.840 Outside Sewer Service Connection Application

A request for outside service connection shall be made by an application for each property where an outside connection is requested. One Application must be received for each parcel that is requesting an outside sewer service connection. Applications shall include:

A. Application Form. The Applicant(s) shall submit a complete application on a form prescribed by the City, and all the following:

1. The property address, Assessor Parcel Number, and names of the property owner(s).

2. A legal description of each parcel.

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3. A map drawn to scale showing the proposed extension of sanitary sewer lines, the number of service connections and their locations.

4. A study indicating the state of the existing septic tank, likelihood of potential failure, and if any improvements to the existing septic tank could be made to avoid failure.

5. Certification from the San Benito County Environmental Health Services Division that the existing septic system is failing, and a dangerous public health problem exists, no other on-site disposal system is feasible and that the only available remedy is connection to an existing public sewer system.

6. Evidence from LAFCo that the connection is authorized in accordance with Government Code Section 56133.

7. Any other documentation deemed necessary by the City Engineer or Development Services Director.

B. Outside Sewer Service and Annexation Agreement. Signed Agreement for each parcel included in the request for an outside sewer connection.

C. Deed Restriction. Prior to the issuance of any permit for the project, the Applicant(s) shall record a restrictive covenant in the form prescribed by the City, on each property to receive sewer service, which shall run with the land specifying the following:

1. The property may only be subdivided in accordance with the City’s Subdivision Ordinance standards; and

2. A prohibition on sewer connection(s) to additional dwellings or other structures prior to annexation to the City; and

3. The property is subject to annexation pursuant to the terms of the Outside Sewer Service and Annexation Agreement; and

4. All future property owners are subject to the terms of the Outside Sewer Service and Annexation Agreement.

13.04.850 Review of Outside Sewer Connection Application

A. An Application for an Outside Sewer Connection shall be considered by and acted upon by the City Council only if all of the following findings can be made:

1. There is sufficient capacity in the trunk lines and at the treatment plant to adequately provide sewer service to the property as determined by the City.

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3. The property meets the requirements for eligibility under Section 13.04.810.

5. The outside sewer connection is necessary to protect the public from health and safety impacts related to septic failure.

B. Conditions of Approval. The City may impose such reasonable conditions or restrictions as it deems necessary to secure the purpose of the City’s General Plan and Municipal Code and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with.

C. LAFCo Application. Upon approval of the Outside Sewer Connection Request by the City Council, the City shall coordinate the filing of an Out-of-Agency Service Request application to the San Benito County LAFCo for consideration. All fees shall be paid, and any additional information or materials required shall be provided by the applicant. It shall be the applicant’s responsibility to provide payment or materials requested by either the City or LAFCo to facilitate the LAFCo approval of the service connection.

SECTION 2. Severability. Should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or word of this ordinance as hereby adopted shall remain in full force and effect.

SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 4. Publication. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published on time in the Free Lance, a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on the 15th day of May, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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 Ordinance No. 1233 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

No Fee Government Code §27383

APN: [APN] SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

OUT-OF-JURISDICTION SERVICE AGREEMENT
[ADDRESS]

THIS OUT-OF-JURISDICTION SERVICE AGREEMENT (this “Agreement”), dated for reference purposes as of [DATE], is made and entered into by and between the City of Hollister, a municipal corporation (the “City”), and [NAME] (“Owner”).

Recitals

A. Owner owns the real property located at [ADDRESS], [CITY], California [ZIP], which is designated as San Benito County Assessor’s Parcel Number [APN] and which is more particularly described in Exhibit “A” attached hereto (the “Property”). Improvements on the Property consist of [DESCRIBE CURRENT RESIDENCE] (the “Residence”). The Property has not been annexed to the City and is located inside the City’s sphere of influence and is contiguous to city limits.

B. The City has been provided with a copy of a notice from the San Benito County Environmental Health Services Division dated [DATE] addressed to the Owner which states that (i) the septic system serving the Property is failing, (ii) no other on-site disposal system is feasible, (iii) the only available remedy is connection to an existing public sewer system, and (v) the foregoing conditions may (a) constitute a danger to public health and safety, and (b) fail to meet the standards of the San Benito County Code.

C. Owner has requested that the City allow the Property to be connected to the City’s wastewater collection system and that the City provide for the collection, treatment, and disposal of wastewater from the Property under an out-of-jurisdiction service arrangement pursuant to Government Code Section 56133.

D. The out-of-jurisdiction service arrangement will require the approval of the San Benito County Local Agency Formation Commission (“LAFCO”).

E. The City has determined that, based on the problems with the septic system serving the Property, a threat exists to the health and safety of the public and the residents of the affected territory.

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F. The City and Owner desire to set forth herein their agreement pertaining to the provision of wastewater service to the Property by the City under an out-of-jurisdiction service arrangement.

G. The Owner has submitted, and the City has accepted an application to prezone the Property pursuant to HMC, § 17.24.250.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner agree as follows:

1. Service by City. The City agrees to provide wastewater service to the Property on the terms and conditions set forth herein. Nothing contained in this Agreement shall be interpreted as giving Owner or its successors or assigns the right to connect additional facilities, structures or buildings, other than the Residence, whether located on the Property or elsewhere, to the City’s wastewater system.

2. Capacity and Impact Fees. Within thirty (30) days following the approval of this Agreement by LAFCO, Owner shall pay the City an amount equal to the capacity and impact fees that the City charges when a single-family residence within the City’s boundaries connects to the City’s wastewater system. As of the date of this Agreement, the City’s capacity fee for a single-family residence is $[AMOUNT] and the City’s impact fee for a single-family residence is $[AMOUNT].

3. In Lieu Annexation Fee. Within thirty (30) days following the approval of this Agreement by LAFCO, Owner shall pay the City an amount equal to the annexation fee that the City charges when property is annexed to the City’s boundaries.

4. Administrative Fee. Within thirty (30) days following the approval of this Agreement by LAFCO, Owner shall pay the City the amount of $[AMOUNT] to cover the City’s costs associated with this Agreement, including but not limited to staff time, fees for engineering and legal services, and recording costs.

5. Miscellaneous Fees. Prior to the connection of the Property to the City’s wastewater collection system, Owner shall pay all plan check fees, permit fees, inspection fees and other fees that apply under the City ordinances to properties that are located within the City’s boundaries.

6. Service Charges. Within thirty (30) days following the connection of the Property to the City’s wastewater collection system, Owner shall pay the City an amount equal to the service fee that the City charges a single-family residence within the City’s boundaries.

Owner shall pay the City monthly service charges in an amount equal to the service charges the City charges a single-family residence within the City’s boundaries.

7. Plans and Specifications. Owner shall submit to the City plans and specifications showing the side sewer and other facilities which Owner proposes to construct to connect F.1.a
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the Residence to the City’s wastewater collection system (the “Lateral”). Said plans and specifications shall be subject to review and approval by the City.

8. Construction of Wastewater Facilities. The Lateral shall be constructed and installed (a) in accordance with the plans and specifications approved pursuant to Section 7, above, (b) in a good and workmanlike manner, (c) in compliance with all Applicable Requirements (as defined in Section 10 below), and (d) at Owner’s sole cost and expense.

Upon completion, the Lateral shall belong to Owner and Owner shall be responsible for the repair and maintenance thereof.

9. Inspections. Owner shall give the City written notice not less than forty-eight (48) hours prior to commencement of construction of the Lateral, excluding Saturdays, Sundays and holidays. Owner agrees to provide the City and its employees and agents the right to inspect the Lateral and the work thereon at all reasonable times before, during, and after construction. Owner further agrees to coordinate and cooperate with the City’s employees and agents to facilitate such inspections. Within ten (10) days upon completion of construction, Owner shall notify City so that City may make any final inspections and tests that the City may deem necessary or appropriate.

10. Compliance with Applicable Requirements. Owner shall comply with (a) all ordinances, regulations, resolutions, policies, procedures and administrative provisions of the City to the same extent as if the Property had been annexed to the City, and (b) all statutes, rules and regulations of agencies of the United States of America, the State of California, the County of San Benito and other governmental and regulatory agencies having jurisdiction over the collection, treatment and/or disposal of wastewater and wastes, including but not limited to (i) requirements applicable to the construction, use, repair and maintenance of the Lateral, and (ii) requirements addressing the type, contents and strength of wastes permitted to be discharged into wastewater collection systems (collectively, “Applicable Requirements”), as said Applicable Requirements may be amended or superseded from time to time. Owner shall further comply with the terms and conditions set forth in Exhibit “B” attached hereto.

11. LAFCO Approval. This Agreement is contingent upon LAFCO’s approval of the out-of- jurisdiction service arrangement set forth herein pursuant to Government Code Section 56133 and shall be of no force or effect unless and until LAFCO grants such approval.

12. Termination. This Agreement may be terminated by the City upon thirty (30) days written notice to Owner in the event Owner violates any terms herein, including but not limited to any terms relating to the payment of fees or charges to the City or any terms related to the connection of additional facilities to the City’s wastewater collection system. Owner may terminate this Agreement upon thirty (30) days written notice to the City in the event Owner is able to obtain wastewater service for the Residence from an alternative provider. Upon such termination, (a) the City may plug or disconnect from the City’s wastewater collection system all lines serving the Residence, and all costs of plugging or disconnecting such lines shall be paid, Within thirty (30) days, by the Owner to the City, (b) no further amounts shall be due to the City from Owner, except any F.1.a
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unpaid service charges, and (c) the City shall not be required to refund any part of the fees and charges paid by Owner hereunder. This Agreement shall automatically terminate upon the effective date of the annexation of the Property to the City, in which event all fees and charges paid by Owner hereunder shall be credited to the fees and charges payable by owner in connection with the annexation.

13. Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors and permitted assigns of the parties hereto. The rights granted to Owner herein relating to the provision of wastewater service to the Residence shall run with the land and shall be appurtenant to the Property and to any parcels into which the Property may hereafter be legally divided.

14. Recording. Owner hereby consents to the recordation of this Agreement with the Official Records of San Benito County.

15. Entire Agreement/Modification. This Agreement (including all exhibits attached hereto) is the final expression of and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings and communications with respect thereto. This Agreement may be modified only by written instrument signed by all parties in interest at the time of the amendment. All Exhibits attached hereto are made a part and are incorporated herein by reference.

16. Attorneys’ Fees. In the event that either party brings an action to interpret or enforce the terms of this Agreement or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to all reasonable attorneys’ fees and costs incurred herein.

17. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or enforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

18. Waiver. No waiver of any breach of any covenant or provision herein shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act.

19. Construction. Headings at the beginning of each section are solely for the convenience of the parties and are not a part of this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits attached to this Agreement are incorporated herein by reference and are made a part hereof.

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20. Authority. Each individual executing this Agreement on behalf of a party hereto represents and warrants that he or she has the authority to execute this Agreement on behalf of such party.

21. Notices. Any notices permitted or required hereunder shall be in writing and shall be (a) be given by personal delivery, (b) mailed by certified or registered mail, postage prepaid, return receipt requested, or (c) sent by reputable overnight delivery service (e.g., UPS, Federal Express, DHL or Airborne) using the contact information set forth below for such party:

CITY: OWNER:

Attention: [NAME] Attention: [NAME]
375 5th Street [ADDRESS]
Hollister, CA 95023 [CITY, STATE, ZIP]

Either party may change its contact information for notice purposes by giving notice of such change in the manner set forth above.

22. Assignment. Owner may not assign any of its rights or delegate any of its obligations under this Agreement, in whole or in part, without the prior written consent of the City, which consent shall not be unreasonably withheld.

23. Further Assurances. The parties each agree to take such actions and execute such documents as may be reasonably required to carry out the intent of this Agreement.

IN WITNESS WHEREOF, the City and Owner have executed this Agreement as of the date(s) set forth below.

CITY OWNER

By:_________________________ By:_________________________ [NAME], Mayor [NAME], [TITLE]

Date:_______________________ Date:_______________________

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EXHIBIT A
Legal Description

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EXHIBIT B
Terms and Conditions

Plans and Specifications
The plans and specifications submitted by Owner shall include:
 A site plan
 Plumbing plans
 Proposed Lateral facilities
 Backflow prevention device described below
 [OTHER]
Backflow Prevention
The Lateral serving the Property shall be equipped with a backflow prevention device approved by the City.

Separate Laterals
In the event the Property is split or subdivided in the future, any parcel which is not owned by Owner shall be served by a separate side sewer (lateral) connecting the buildings located thereon to the public sewer.
[ADD ADDITIONAL TERMS AND CONDITIONS]

Commented [JPT1]: City - update as necessary.

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RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

No Fee Government Code §27383

APN: [APN] SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

OUT-OF-JURISDICTION SERVICE AGREEMENT
[ADDRESS]

Recitals

A. Owner owns the real property located at [ADDRESS], [CITY], California [ZIP], which is designated as San Benito County Assessor’s Parcel Number [APN] and which is more particularly described in Exhibit “A” attached hereto (the “Property”). Improvements on the Property consist of [DESCRIBE CURRENT RESIDENCE] (the “Residence”). The Property has not been annexed to the City and is located [INSIDE/OUTSIDE] the City’s sphere of influence and [IS/IS NOT] contiguous to city limits.

D. The out-of-jurisdiction service arrangement will require the approval of the San Benito County Local Agency Formation Commission (“LAFCO”).

E. The City has determined that, based on the problems with the septic system serving the Property, a threat exists to the health and safety of the public and the residents of the affected territory.

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F. The City and Owner desire to set forth herein their agreement pertaining to the provision of wastewater service to the Property by the City under an out-of-jurisdiction service arrangement.

G. The Owner has provided evidence that the out-of-jurisdiction service arrangement will be authorized.

NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owner agree as follows:

4. Future Annexation. Owner agrees to annex Property into city limits within five years of the date of this Agreement or at such time as Property becomes contiguous to city limits or otherwise permitted to annex into city limits, whichever comes first.

5. Administrative Fee. Within thirty (30) days following the approval of this Agreement by LAFCO, Owner shall pay the City the amount of $[AMOUNT] to cover the City’s costs associated with this Agreement, including but not limited to staff time, fees for engineering and legal services, and recording costs.

6. Miscellaneous Fees. Prior to the connection of the Property to the City’s wastewater collection system, Owner shall pay all plan check fees, permit fees, inspection fees and other fees that apply under the City ordinances to properties that are located within the City’s boundaries.

7. Service Charges. Within thirty (30) days following the connection of the Property to the City’s wastewater collection system, Owner shall pay the City an amount equal to the service fee that the City charges a single-family residence within the City’s boundaries.

Owner shall pay the City monthly service charges in an amount equal to the service charges the City charges a single-family residence within the City’s boundaries.

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8. Plans and Specifications. Owner shall submit to the City plans and specifications showing the side sewer and other facilities which Owner proposes to construct to connect the Residence to the City’s wastewater collection system (the “Lateral”). Said plans and specifications shall be subject to review and approval by the City.

9. Construction of Wastewater Facilities. The Lateral shall be constructed and installed (a) in accordance with the plans and specifications approved pursuant to Section 7, above, (b) in a good and workmanlike manner, (c) in compliance with all Applicable Requirements (as defined in Section 10 below), and (d) at Owner’s sole cost and expense.

Upon completion, the Lateral shall belong to Owner and Owner shall be responsible for the repair and maintenance thereof.

10. Inspections. Owner shall give the City written notice not less than forty-eight (48) hours prior to commencement of construction of the Lateral, excluding Saturdays, Sundays and holidays. Owner agrees to provide the City and its employees and agents the right to inspect the Lateral and the work thereon at all reasonable times before, during, and after construction. Owner further agrees to coordinate and cooperate with the City’s employees and agents to facilitate such inspections. Within ten (10) days upon completion of construction, Owner shall notify City so that City may make any final inspections and tests that the City may deem necessary or appropriate.

11. Compliance with Applicable Requirements. Owner shall comply with (a) all ordinances, regulations, resolutions, policies, procedures and administrative provisions of the City to the same extent as if the Property had been annexed to the City, and (b) all statutes, rules and regulations of agencies of the United States of America, the State of California, the County of San Benito and other governmental and regulatory agencies having jurisdiction over the collection, treatment and/or disposal of wastewater and wastes, including but not limited to (i) requirements applicable to the construction, use, repair and maintenance of the Lateral, and (ii) requirements addressing the type, contents and strength of wastes permitted to be discharged into wastewater collection systems (collectively, “Applicable Requirements”), as said Applicable Requirements may be amended or superseded from time to time. Owner shall further comply with the terms and conditions set forth in Exhibit “B” attached hereto.

12. LAFCO Approval. This Agreement is contingent upon LAFCO’s approval of the out-of- jurisdiction service arrangement set forth herein pursuant to Government Code Section 56133 and shall be of no force or effect unless and until LAFCO grants such approval.

13. Termination. This Agreement may be terminated by the City upon thirty (30) days written notice to Owner in the event Owner violates any terms herein, including but not limited to any terms relating to the payment of fees or charges to the City or any terms related to the connection of additional facilities to the City’s wastewater collection system. Owner may terminate this Agreement upon thirty (30) days written notice to the City in the event Owner is able to obtain wastewater service for the Residence from an alternative provider. Upon such termination, (a) the City may plug or disconnect from F.1.b
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the City’s wastewater collection system all lines serving the Residence, and all costs of plugging or disconnecting such lines shall be paid, Within thirty (30) days, by the Owner to the City, (b) no further amounts shall be due to the City from Owner, except any unpaid service charges, and (c) the City shall not be required to refund any part of the fees and charges paid by Owner hereunder. This Agreement shall automatically terminate upon the effective date of the annexation of the Property to the City, in which event all fees and charges paid by Owner hereunder shall be credited to the fees and charges payable by owner in connection with the annexation.

14. Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon the successors and permitted assigns of the parties hereto. The rights granted to Owner herein relating to the provision of wastewater service to the Residence shall run with the land and shall be appurtenant to the Property and to any parcels into which the Property may hereafter be legally divided.

15. Recording. Owner hereby consents to the recordation of this Agreement with the Official Records of San Benito County.

16. Entire Agreement/Modification. This Agreement (including all exhibits attached hereto) is the final expression of and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings and communications with respect thereto. This Agreement may be modified only by written instrument signed by all parties in interest at the time of the amendment. All Exhibits attached hereto are made a part and are incorporated herein by reference.

17. Attorneys’ Fees. In the event that either party brings an action to interpret or enforce the terms of this Agreement or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to all reasonable attorneys’ fees and costs incurred herein.

18. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or enforceable, shall not be affected thereby, and each such term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

19. Waiver. No waiver of any breach of any covenant or provision herein shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act.

20. Construction. Headings at the beginning of each section are solely for the convenience of the parties and are not a part of this Agreement. Unless otherwise indicated, all F.1.b
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references to sections are to this Agreement. All exhibits attached to this Agreement are incorporated herein by reference and are made a part hereof.

21. Authority. Each individual executing this Agreement on behalf of a party hereto represents and warrants that he or she has the authority to execute this Agreement on behalf of such party.

22. Notices. Any notices permitted or required hereunder shall be in writing and shall be (a) be given by personal delivery, (b) mailed by certified or registered mail, postage prepaid, return receipt requested, or (c) sent by reputable overnight delivery service (e.g., UPS, Federal Express, DHL or Airborne) using the contact information set forth below for such party:

CITY: OWNER:

Attention: [NAME] Attention: [NAME]
375 5th Street [ADDRESS]
Hollister, CA 95023 [CITY, STATE, ZIP]

Either party may change its contact information for notice purposes by giving notice of such change in the manner set forth above.

23. Assignment. Owner may not assign any of its rights or delegate any of its obligations under this Agreement, in whole or in part, without the prior written consent of the City, which consent shall not be unreasonably withheld.

24. Further Assurances. The parties each agree to take such actions and execute such documents as may be reasonably required to carry out the intent of this Agreement.

IN WITNESS WHEREOF, the City and Owner have executed this Agreement as of the date(s) set forth below.

CITY OWNER

By:_________________________ By:_________________________ [NAME], Mayor [NAME], [TITLE]

Date:_______________________ Date:_______________________

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EXHIBIT A
Legal Description

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EXHIBIT B
Terms and Conditions

Commented [JPT1]: City - update as necessary.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 12, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, Acting City
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-86, A RESOLUTION TO APPROVE THE

PURCHASE AGREEMENT AND RELATED DOCUMENTS PERTAINING TO THE CITY PURCHASE OF THE PROPERTY LOCATED AT 190 MAPLE STREET AND AUTHORIZE

THE INTERIM CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS TO

EFFECTUATE THE PURCHASE

BRIEF DESCRIPTION: Consider adopting a resolution approving the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street in Hollister.

DEPARTMENT SUMMARY: As the City of Hollister (City) continues to grow as an organization, the City must proactively plan to accommodate the need for additional services for the public and space for its workforce. Presently, the City owns three buildings and rents two buildings on Fifth Street to house multiple public and non-public serving City departments. The City lease at 211 Fifth Street ends on June 30, 2023 and will not be renewed.

On March 28, 2023, the City of Hollister submitted an offer to purchase the property located at 190 Maple Street in Hollister from the San Benito County Health Care District (SBCHCD) subject to inspections and City Council approval. SBCHCD accepted this offer on March 30, 2023.

On May 11, 2023, the City’s negotiator reached an agreement to purchase the property for $1,625,000. An additional $1,573.99 will be due at escrow for prorated county property tax ($1,272.99), notary fees ($150.00), escrow/title charges ($103.00), and recording fees ($48.00).

Staff is seeking council approval to execute the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street (APN# 051-090-027) in Hollister for $1,625,000 and authorize the Interim City Manager to execute all necessary documents to effectuate the purchase.

The City intends to renovate this property and utilize it as a public service center in the future in an effort to increase operational efficiencies and to provide more streamlined customer service to its residents.

FINANCIAL IMPACT: $1,626,573.99
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CEQA: N/A

ATTACHMENTS:

1. 190 Maple St Contract

2. 190 Maple St Contract #2

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. 2023-86

A RESOLUTION TO APPROVE THE PURCHASE AGREEMENT AND RELATED

DOCUMENTS PERTAINING TO THE CITY PURCHASE OF THE PROPERTY LOCATED AT 190 MAPLE STREET AND AUTHORIZE THE INTERIM CITY MANAGER TO EXECUTE ALL

NECESSARY DOCUMENTS TO EFFECTUATE THE PURCHASE

WHEREAS, the City of Hollister continues to grow as a city and an organization; and

WHEREAS, the City of Hollister must proactively plan to accommodate the need for additional services for the public and space for its workforce; and

WHEREAS, On March 30, 2023, the City of Hollister submitted an offer to purchase the property located at 190 Maple Street in Hollister from the San Benito County Health Care District subject to inspections and City Council approval; and

WHEREAS, on May 11, 2023, the City’s negotiator reached an agreement to purchase the property for $1,625,000 subject to City Council approval on May 15, 2023; and

WHEREAS, an additional $1,573.99 will be due at escrow for prorated county property tax ($1,272.99), notary fees ($150.00), escrow/title charges ($103.00), and recording fees ($48.00).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister does hereby adopt the resolution approving the purchase agreement and related documents pertaining to the City purchase of the property located at 190 Maple Street (APN# 051-090-027) in Hollister for $1,625,000.

BE IT FURTHER RESOLVED that an additional $1,573.99 will be due at escrow for prorated county property tax ($1,272.99), notary fees ($150.00), escrow/title charges ($103.00), and recording fees ($48.00).

BE IT FURTHER RESOLVED that the Interim City Manager is authorized to execute all necessary documents to effectuate the purchase.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-86, 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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San Benito
Health Care
District
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: April 21, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Fire
Bob Martin Del Campo, Fire
Chief

SPONSOR(S): Perez

TITLE OF ITEM: RESOLUTION NO. 2023-87, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE HOLLISTER FIRE DEPARTMENT TO

RELEASE A REQUEST FOR PROPOSAL (RFP) FOR CONSULTING

FIRMS/CONSULTANTS TO DEVELOP A FIRE DEPARTMENT MASTER PLAN,

STANDARDS OF COVERAGE (SOC), AND STRATEGIC PLAN

BRIEF DESCRIPTION: The City Council will consider a resolution authorizing staff to release a Request for Proposals (RFP) to consultant firms or consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and Strategic Plan.

DEPARTMENT SUMMARY: The City Council will consider a resolution authorizing staff to release a Request for Proposal (RFP) to consultant firms or consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and a Strategic Plan.

The City of Hollister is the service provider of fire protection and emergency medical service (EMS) through contractual agreements with the County of San Benito and the City of San Juan Bautista.

The Hollister Fire Department is unique, in which its responsibility of fire service encompasses the entire County (1,400 sq. miles).

The goals of the Fire Master Plan, SOC, and Strategic Plan are to identify the current services and desired service levels and recommendations to improve services over time. An analysis of the organization’s strengths, weaknesses, opportunities, and threats (SWOT) will provide the basis for formulating strategic initiatives. A comprehensive survey soliciting input from the public through town hall meetings virtual/in person and on-line surveys will provide data on service satisfaction, expectations, concerns, and direction. The Fire Master Plan, SOC, and Strategic Plan will shape the future of the Hollister Fire Department over the next 10-15 years.

The Fire Master Plan, SOC, and Strategic Plan will include a review of the history of the Hollister Fire Department including the following:
 Review the current operational, functional, and program-based status.  Complete a Community Risk Assessment.
 Assess and prioritize the expectations of the community through community outreach and engagement.
 Future growth opportunities through annexation, contract for service, consolidations, and/or mergers.
 Apparatus deployment, fleet management, recommendations for succession planning, personal distribution within divisions and across all divisions/functions.  Establish goals and objectives that will contain opportunities for organizational improvements.

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 Goals and objectives need to be accountable.
 Analyze current organizational design and provide recommendations that will shape the future of the Hollister Fire Department.

Recommendations from the Master Plan will assist the planning team in developing a prioritized reasonable set of goals and objectives for the next 3-5 years.

If approved, staff would strive to release the proposal by the end of May, receive proposals by June, and return to City Council by the last meeting in June with a recommendation, an appropriation, and professional services agreement.

Staff recommends City Council adopt this resolution authorizing the release of an RFP to consultant firms or consultants to develop a Fire Master Plan, SOC, and Strategic Plan.

FINANCIAL IMPACT: No cost associated with this action at this time.

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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RESOLUTION NO. 2023-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE

HOLLISTER FIRE DEPARTMENT TO RELEASE A REQUEST FOR PROPOSAL (RFP) FOR

CONSULTING FIRMS/CONSULTANTS TO DEVELOP A FIRE DEPARTMENT MASTER

PLAN, STANDARDS OF COVERAGE (SOC), AND STRATEGIC PLAN

WHEREAS, the Hollister Fire Department is requesting authorization by City Council to release a Request for Proposal (RFP) to consulting firms/consultants to develop a Fire Department Master Plan, Standards of Coverage (SOC), and Strategic Plan; and

WHEREAS, the City of Hollister is the service provider of fire protection and emergency medical service (EMS) through contractual agreements with the County of San Benito and the City of San Juan Bautista. The Hollister Fire Department is unique, in which its responsibility of fire service encompasses the entire County (1,400 sq. miles); and

WHEREAS, the goals of the Fire Master Plan, SOC, and Strategic Plan are to identify the current services, desired service levels and recommendations to improve services over time. An analysis of the organization’s strengths, weaknesses, opportunities, and threats (SWOT) will provide the basis for formulating strategic initiatives. A comprehensive survey soliciting input from the public through town hall meetings virtual/in person and on-line surveys will provide data on service satisfaction, expectations, concerns, and direction; and

WHEREAS, the Fire Master Plan, SOC, and Strategic Plan will shape the future of the Hollister Fire Department over the next 10-15 years; and

WHEREAS, future growth opportunities through annexation, contract for service, consolidations, and/or mergers, apparatus deployment, fleet management, recommendations for succession planning, personal distribution within divisions and across all divisions/functions. Establish goals and objectives that will contain opportunities for organizational improvements. Goals and objectives need to be accountable, analyze current organizational design and provide recommendations that will shape the future of the Hollister Fire Department; and

WHEREAS, recommendations from the Strategic Plan will assist the planning team in developing a prioritized reasonable set of goals and objectives for the next 3-5 years; and

WHEREAS, if staff receives Councils approval, staff would strive to release the proposal by the end of May, receive proposals by June, and return to City Council by the last meeting in June with a recommendation, an appropriation, and professional services agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes staff to release a Request for Proposal (RFP) to consulting firms/consultants to develop a Fire Department Master Plan, SOC, and Strategic Plan.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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 Resolution No. 2023-87, 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-88, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE DRAFT ENGINEER’S REPORT FOR THE

LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023/2024

DEPARTMENT SUMMARY: 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 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).

On July 6, 1993, the City Council adopted Resolution No. 93-111 which ordered the formation of the Landscape and Lighting District No. 93-1.

On April 17, 2023, the City Council adopted Resolution No. 2023-63, which initiated the proceeding for the levy and collection of assessments for Landscape and Lighting District No 93-1 and ordered the City Engineer to prepare the required Engineer’s Report for Fiscal Year 2023/2024 and file it with the City Clerk.

The City Engineer has prepared a Draft Engineer’s Report and filed it with the City Clerk. The Draft Engineer’s Report includes exhibits showing the Boundary Diagram and Collection Roll.

The District has been subdivided into three zones - Zone A, B and C. The fees for each zone differ due to the different services provided to each Zone. The benefits for the zones are described in Section 4, “Special Benefit Zones” of the Report. The Zone A is for “Street Light Operation, Maintenance, and Services.” Zone B is for “Landscaping Operation, Maintenance, and Services.” Zone C is for “Enhanced Landscaping, Operation, and Services”

The District is comprised of 3,596 assessable parcels. The 433 +/- parcels within G.3
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Sunnyslope Village Subdivision pay the Zone A fee plus the Zone C fee ($152.12). All other parcels pay the Zone A fee plus the Zone B fee ($51.54).

A comparison of the amounts of the Fiscal 2022/2023 assessments to the FY 2023/2024 assessments is as follows:

Zone FY 2022/2023 per EDU FY 2023/2024 per EDU
A $24.20 $24.20
B $27.34 $27.34
C $127.92 $127.92

The City Council will hold a public hearing on June 5, 2023 at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers at 375 Fifth Street, Hollister, CA 95023. A notice of the hearing will be published.

FINANCIAL IMPACT: The budget reflects anticipated revenue of $223,669.25. This budget reflects a zero carry-over of unexpected funds from the expended funds from FY 2022/2023. It is anticipated that some carryover of unexpended funds will occur.

CEQA: Exempt

ATTACHMENTS:

1. Landscape and Lighting District No. 93-1 Draft Engineer's 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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RESOLUTION NO. 2023-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE DRAFT ENGINEER’S REPORT FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023/2024

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 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 Landscape and Lighting District No. 93-1; and

WHEREAS, on April 17, 2023, the City Council of the City of Hollister adopted Resolution No. 2023-63 which approved the initiation of proceedings for the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and ordered the City Engineer to prepare the required Engineer’s Report and file it with the City Clerk.

WHEREAS, the City Engineer prepared the Draft Engineer’s Report for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and filed it with the City Clerk; and WHEREAS, the City Council wishes approve the Draft Engineer’s Report to continue the process to levy and collect assessments for Landscape and Lighting District No. 93- 1 for Fiscal Year 2023/2024
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister hereby approves the Draft Engineer’s Report dated May 15, 2023 for levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-88, 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1
ASSESSMENTS FOR FISCAL YEAR 2023 /2024

CITY OF HOLLISTER

DRAFT ENGINEER’S REPORT

May 15, 2023

PREPARED BY:

CITY OF HOLLISTER

ENGINEERING DEPARTMENT
339 5th Street
Hollister, California 95023

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2 INDEX

1. Executive Summary Statement

2. Introduction

3. District Boundaries

4. Special Benefit Zones

5. Description of Services, Operations and Maintenance

6. Plans and Modifications

7. Method of Apportionment

8. Basic Assessment Unit

9. Land Use Code Description

10. District Budget

11. Program

12. Senior Citizen Fee Reduction

13. No Bonded Indebtedness

14. Limitation on Increase of Annual Assessment

15. Collection Roll

Appendix:

1. Exhibit A – Boundary Diagram

2. Exhibit B - Collection Roll

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3 1. EXECUTIVE SUMMARY STATEMENT:

The City Engineer prepared this report, hereinafter known as the Report, pursuant to the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with section 22500 et seq., hereinafter known as the Act. As instructed, the Report identifies and documents the services, boundary, estimate of costs, method of apportionment, collection roll, and presents the analysis for the 2023 / 2024 fiscal year for Landscaping and Lighting District No. 93-1, hereinafter known as the District.

The annual assessment proposed to be levied against parcels of land within the Landscape and Lighting District No. 93-1 is not an increase from that of the 2021 / 2022 fiscal year. The general characterization of the nature, location, and extent of the improvements for Special Benefit Zones A, B, and C are included in this Report.

The Special Benefit Zones of the District are as follows:

Zone A: Street Lighting Operation, Maintenance, and Services The operation, maintenance, and services provided will be the energy cost and a replacement reserve for the street lights contained within noncontiguous development areas throughout the incorporated City limits. All of the properties in the District are included in this Zone. The boundary for Zone A is defined within Exhibit A of the Report.

Zone B: Landscaping Operation, Maintenance, and Services The operation, maintenance, and services for this zone are those required for the perimeter sound wall repair, landscape maintenance, plant replacement, pruning, trimming and preventive treatment for street trees, irrigation water, and electricity and maintenance for irrigation systems as applicable. All of the properties in the District are included in this zone except those parcels of land within Sunnyslope Villages.

The boundary for Zone B is defined within Exhibit A.

Zone C: Enhanced Landscaping (Sunnyslope Villages Only) The operation, maintenance, and services for this zone are those required for perimeter soundwall repair, landscape maintenance, plant replacement, shrubbery, pruning, trimming and preventive treatment for street trees, turf, irrigation water, electricity and maintenance for irrigation systems, entry monuments, hardscape, detention basin, walls, fencing, drainage detention facilities, drainage structures and appurtenant facilities. This Zone is for Sunnyslope Villages exclusively, and does not include any other area of the District. The lots or parcels within this zone will also be assessed for street lighting in Zone A. The boundary for Zone C is defined within Exhibit A.

2. INTRODUCTION

In compliance with the order of the Hollister City Council, and pursuant to the Act, this Report presents the analysis for the 2023 / 2024 fiscal year of the District.

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4 The law allows the District, by direct benefit assessments, to provide funding for the installation, maintenance, operation, servicing, and administration of the following improvements:

A. The installation or construction of public lighting facilities including, but not limited to, street lighting and traffic signals;

B. The installation or planting of landscaping;

C. The installation or construction of statuary, fountains, or other ornamental structures and facilities;

D. The installation of park and recreational improvements;

E. The maintenance and/or servicing of the above;

F. The acquisition of land for park, recreational or open space purposes;

G. The installation or construction of facilities appurtenant to the above, or which are necessary, or convenient for the maintenance and servicing; and

H. Incidental expenses related to the District.

Section 22573 of the Act provides that assessments be apportioned with regard to benefit rather than according to assessed value. A portion of the Section is quoted as follows:

The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method, which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 [commencing with Section 5000]).

The Act also provides for the classification of various areas within an assessment district into different zones. Section 22574 states that where,

Because of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory, which will receive substantially the same degree of benefit from the improvements.

The assessments are levied based on benefit, are therefore not a tax, and are not regulated by Article XIIIA of the Constitution of the State of California.

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5 3. DISTRICT BOUNDARIES

The boundaries of the District are as set by Exhibit A within the City limits of the City of Hollister.

The boundaries of the District are more particularly described in maps on file in the office of the San Benito County Recorder and/or County Assessor. Such maps are made a part of this report by reference. All lots and parcels of real property affected are listed on the Collection Roll, which is on file in the office of the City Clerk of the City of Hollister. The lots and parcels are more particularly described in maps prepared in accordance with Section 327 of the Revenue and Taxation Code, which are on file in the office of the San Benito County Assessor. Such maps are made part of this report by reference.

4. SPECIAL BENEFIT ZONES:

Certain areas within the District receive differing degrees of benefit from certain improvements.

Zones of benefit have been established for parcels within these areas and are listed as follows:

Zone A: Street Lighting Operation, Maintenance, and Services

Zone B: Landscaping Operation, Maintenance, and Services

Zone C: Enhanced Landscaping Operation, Maintenance, and Services

5. DESCRIPTION OF SERVICES, OPERATIONS, & MAINTENANCE

The Services to be provided to the special benefit zones are as follows:

Improvements consisting of landscaping, irrigation systems, street paving, curb, and median repair; the landscaping includes, but is not limited to, maintenance personnel to perform pruning, cutting, trimming, fertilizing, and replacing of plant materials; supplying water and maintaining the irrigation systems in good, effective order; and supplying electricity for automatic meters and valves.

Services mean the furnishing of water for irrigation of landscaping, electricity, and the maintenance of any of the appurtenant facilities.

The landscaping and lighting operations, maintenance, and services to be provided within the special benefit zones will be located within public easement areas in connection with the boundary of Zone A, separately within Zone B and Zone C.

Zone A: Street Lighting Operation, Maintenance, and Services The services provided will be the energy cost and a replacement reserve for all of the street lights contained within noncontiguous development areas (Exhibit A) throughout the incorporated City limits. Eligible costs include, but are not limited to, poles, fixtures, bulbs, conduits, metering devices, anchors, posts and pedestals, guy wires and appurtenant facilities as required to provide lighting services.

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6 Operation, maintenance, and services required for the perimeter soundwall repair, landscaping maintenance, plant replacement, pruning, trimming and preventive treatment for street trees, irrigation water, electricity, and maintenance for irrigation systems, and all appurtenant structures as applicable.

Zone C: Enhanced Landscaping Operation, Maintenance, and Services Landscaping, planting, shrubbery, trees, turf, irrigation systems, entry monuments, hardscapes, detention basin, walls, fencing, drainage detention facilities, drainage structures, and appurtenant facilities.

6. PLANS AND SPECIFICATIONS:

Plans and specifications for the improvements to be installed, maintained, operated, and serviced through the District are on file in the office of the Engineering Department of the City of Hollister.

7. METHOD OF APPORTIONMENT:

In accordance with the Act, the net amount to be assessed upon lots or parcels within special benefit Zone A, Zone B, and Zone C are apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each lot or parcel from the improvements, namely the maintenance, servicing and operation of public landscaping and lighting within their respective boundary.

The maintenance, servicing, operation, and improvements are contained solely within public rights-of-way and dedicated public easements to the City of Hollister, and provide a special benefit received by each lot or parcel within the respective special benefit zone boundary, tending to enhance their value.

Special benefit zone establishment, pursuant to the Act, provides that for equal benefits and services received by lots or parcels within a district, groupings (zones) may be created which allow the costs to be levied only upon those lots or parcels receiving that specific service.

Public Lighting Installation, Maintenance, Operation, and Servicing Assessment

The intensity or degree of illumination, of street lights can have an effect on traffic movement and security awareness of properties or property improvements. Thus, the maintenance, operation, and servicing of public lighting within the City provide a special benefit to the lots or parcels, tending to enhance property value.

The primary benefits of public lighting are:

A. Improved ingress and egress from lots or parcels in the District; and

B. Improved security or protection of property, property improvements, and goods.

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7 Proper roadway lighting improves ingress and egress from lots or parcels by illuminating access location after sunset. Likewise, street lighting provides a heightened sense of security for property owners by improving night time visibility of such lots or parcels, and the access of emergency vehicles thereto.

Also, in the case of commercial lots or parcels, such lighting improves ingress, egress, and better facilities for the opening and operation of businesses after sunset.

The assessment formula recognizes that special benefits received from public lighting are based on the following criteria:

1. Property Related – Traffic Circulation

A. An improved ingress to and egress from lots or parcels within the District.

B. An improved ingress to and egress from commercial lots or parcels and corresponding promotion of business during nighttime hours.

2. Property Related – Security

A. Improved illumination after sunset and a corresponding reduction in vandalism and other criminal acts and damage to improvements.

B. Improved illumination after sunset and a corresponding improvement in the access of emergency vehicles to such parcels.

C. Improved illumination after sunset and a corresponding reduction in illegal dumping on vacant land.

3. Property Related – Intensity

A. Intensity or degree of illumination provided on adjacent streets varies with the type of street and the use of the adjacent property.

Public Landscaping (and related improvements) Installation, Maintenance, Operation, and Servicing Assessment

Proper maintenance, operation, and servicing of landscaping, street trees, sidewalks, pedestrian furniture and related amenities are beneficial to any urban environment and enhance property values. Similarly, landscaping along major streets and preventive care of street trees serve to create a more pleasant environment for motorists, residents and pedestrians, as well as an attractive buffer for occupants of adjacent properties. Such areas significantly enhance the value of the properties in the entire City and enhance the image of the City as a whole. The landscaping attributes are related to each lot or parcel within the special benefit Zone B for all nonexempt parcels, excepting Zone C, which will address only the landscaping services benefitting Sunnyslope Village.

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8 8. BASIC ASSESSMENT UNIT:

The basic assessment unit for this formula is the Equivalent Dwelling Unit (EDU), which is represented by the single family residence where the Traffic Circulation benefits are assigned one- half and security and intensity benefits are assigned one-quarter units each, for a total of one unit or EDU.

Traffic Circulation benefits for multiple family residences are determined on a decreasing scale with one and one-quarter units assigned for each dwelling unit up to four dwelling units. For five or more dwelling units, the total numbers of units are assigned one-half of a unit for each dwelling unit plus one and one-quarter units for Security and Intensity.

A weighted factor has been assigned to each Land Use Code, as coded by the Assessor’s Office of the County of San Benito, for the application of the fee to each lot or parcel. This formula prescribes equivalency factors proceeding from the base EDU Single Family Residential to all other eligible land use codes.

The following listing identifies the weight assignment for the respective land use codes:

9. LAND USE CODE DESCRIPTION: EDU Assignment

Agriculture 0.25 EDU / Acre with 0.25 EDU minimum

Single Family Res: Vacant 0.50 EDU / Acre with 0.50 EDU minimum Single Family Residential 1.00 EDU / Home
Condominium / PUD 0.90 EDU / Condo

Multi-Family Res: Vacant 0.50 EDU / Acre with 0.50 EDU minimum Multi-Family Duplex 1.75 EDU / Parcel
Multi-Family Triplex 2.50 EDU / Parcel
Multi-Family Fourplex 3.25 EDU / Parcel
Multi-Family Five Units or More [(total units x 0.50) + 1.25] x 1.00 EDU

Commercial / Industrial – Group 1 2.00 EDU / Parcel

Church
Parking Lots

Commercial / Industrial – Group 2 3.00 EDU / Parcel

Bank
Machine / Welding
Office Facilities
Repair Garage
Veterinary
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9 Commercial / Industrial – Group 3 4.00 EDU / Parcel

Auto Parts Medical or Dental Office
Clubhouse and Lodges School or Day Care
Stores Retail Service Station
Funeral Home

Commercial / Industrial – Group 4 5.00 EDU / Parcel

Hotel Liquor Store Industrial
Auto Dealer Lumber Yard Cannery
Bar Motel Food Processing
Bowling Alley Mini Storage
Bulk Paint Restaurant
Car Wash Small Food & Gas
Cold Storage Small Food Store
Fast Food Restaurant Theater
Farm Supply / Equipment
Laundry

Commercial / Industrial – Group 5 5.00 EDU / Acre

Manufacturing
Mobile Home Park
Sand and Gravel
Shopping Center
Supermarket
Truck Facility
Warehouse
Winery

10. DISTRICT BUDGET:

The Fiscal Year 2023/2024 budget reflects administration, collection, maintenance, and operation expenses.

Zone A Budget Amount
Legal Counsel $500.00
Professional Accounting Services $2,000.00
Report Preparation and Administration $10,000.00
Street Pole Replacement $1,940.00
Energy Lamp Cost $70,528.47
Subtotal $84,968.47

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10 Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2023 / 2024 Total $84,968.47

Units (EDU to Assess) 3,510.78
Yearly Assessment per EDU $24.20

Zone B Budget Amount
Legal Counsel $400.00
Professional Accounting Services $100.00
Report Preparation and Administration $1,270.00
Detention Pond $2,400.00
Streetscape Maintenance $17,913.00
Street Trees $21,550.00
Irrigation Water and Power $10,450.00
Chemicals $5,000.00
Sound Wall Maintenance $22,000.00
Plant Replacement $2,100.00
Subtotal $83,183.50

Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2023 / 2024 Total $83,183.50

Units (EDU to Assess) 3,076.78
Yearly Assessment per EDU $27.04

Zone C Budget Amount
Professional Accounting Services $350.00
Report Preparation and Administration $100.00
Streetscape Maintenance $10,000.00
Street Trees $9,635.00
Irrigation Water and Power $15,290.00
Chemicals $3,000.00
Sound Wall Maintenance $6,091.28
Plant Replacement $1,100.00
Detention Basin/Park $9,951.00
City Contributions $0.00
Subtotal $55,517.28

Plus Carry-Over Surplus/Deficit $0.00
Fiscal Year 2023 / 2024 Total $55,517.28

Units (EDU to Assess) 434.00
Yearly Assessment per EDU $127.92

TOTAL OF ALL ZONES FISCAL YEAR $223,669.25
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11 2023 / 2024 ASSESSMENT

FINANCIAL IMPACT: Anticipate receiving approximately $223,669.25 in assessment revenue.

11. PROGRAM:

ZONE A: Street Lighting Operation and Maintenance
The total Zone A budget will be levied upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as assigned by the County of San Benito.

ZONE B: Street Tree Trimming, Parks, and Landscape Maintenance The total Zone B budget will be assessed upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as assigned by the County of San Benito.

ZONE C: Enhanced Landscaping Operation, Maintenance, and Service The total Zone C budget will be assessed upon all nonexempt lots or parcels (EDU Formula) resulting in an equal dollar per home with equated benefits to all land use codes as applicable, excluding lots and parcels within Zone C.

12. SENIOR CITIZEN FEE REDUCTION

The City Council has directed that a fifty percent (50%) reduction in the District Fee be offered to senior citizens. To be eligible for this reduction, a senior citizen must be sixty-two years of age or older and be a resident owner of the property. The request for reduction must be made in person, with proof of qualification and property information. It must be filed in the Finance Department of the City of Hollister every year between April 1st and June 30th of year the District Fee is levied.

For example, for FY 2024/2025 annual assessment, the request for reduction must be made between April 1, 2024 and June 30, 2024.

13. NO BONDED INDEBTEDNESS:

The City Council has declared that this District will not pursue Bonded Indebtedness to provide Service, Maintenance, and Operation requirements.

14. LIMITATION ON INCREASE OF ANNUAL ASSESSMENT:

The City Council will comply with legal requirements to order the preparation of a Report and to conduct a public meeting and public hearing annually concerning the levy of assessments for the District in accordance with the Act.

15. COLLECTION ROLL:

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LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1
ASSESSMENTS FOR FISCAL YEAR 2023 /2024

CITY OF HOLLISTER

DRAFT ENGINEER’S REPORT

May 15, 2023

EXHIBIT A

BOUNDARY DIAGRAM

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20 23/2
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LANDSCAPE AND LIGHTING
DISTRICT NO. 93-1
ASSESSMENTS FOR FISCAL YEAR 2023 /2024

CITY OF HOLLISTER

DRAFT ENGINEER’S REPORT

May 15, 2023

EXHIBIT B

COLLECTION ROLL
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2023/2024
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-89, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ADOPTING THE RESOLUTION OF INTENTION OF THE CITY

COUNCIL TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023/2024 AND SETTING THE PUBLIC HEARING

BY THE CITY COUNCIL FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023/2024 FOR JUNE 5, 2023 AT 6:30 P.M. IN CITY OF HOLLISTER’S CITY HALL COUNCIL CHAMBERS, 375 FIFTH STREET, HOLLISTER, CA 95203

DESCRIPTION: Consider declaring the intention of the City Council to levy and collect assessments for Landscape & Lighting District 93-1 for Fiscal Year 2023/2024 and setting the time and place for a public hearing by the City Council on the levy and collection of assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.

DEPARTMENT SUMMARY: On Mary 5, 2023, the City Engineer brought the same Resolution of Intent to the City Council and the City Council adopted the Resolution.

The Draft Engineer's Report must be approved prior to the adoption of this Resolution of Intent which was not done; therefore the City Engineer requests adoption of this Resolution of Intent.

On April 17, 2023, the City Council adopted Resolution No. 2023-63, which initiated proceedings for the levy and collection of assessments within Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and ordered the City Engineer to prepare the required Engineer’s Report and file it with the City Clerk.

The City Engineer prepared the Draft Engineer’s Report and filed it with the City Clerk.

The City Council approved the Draft Engineer’s Report dated May 15, 2023.

The assessments are for operation, maintenance, and service costs of landscaping; lighting, street trees, park(s), parkway(s), storm water detention pond(s), sound wall(s), and appurtenant facilities described in the Engineer’s Report for Landscape and Lighting District No. 93-1, Assessments for Fiscal Year 2023/2024.

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The Draft Engineer’s Report, on file with the City Clerk, has a full and detailed description of the improvements; the boundaries of the Landscape and Lighting District No. 93-1 and Zones therein; and the proposed assessments upon the assessable lots and parcels of land within the District.

A public hearing by the City Council will conducted on the levy and collection of the assessments on June 5, 2023, at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA, 95023.

Notice of the hearing shall be published in accordance with Streets and Highways Code Section 22626(a). The Act requires a Resolution of Intention to be published in a local newspaper at least 10 days prior to the date of the public hearing. Staff will publish the Resolution of Intention in a local newspaper for the public hearing on June 5, 2023.

The Fiscal Year 2023/2024 assessments do not increase the amount of the Fiscal Year 2022/2023 assessments.

FINANCIAL IMPACT: The Draft Engineer’s Report for Landscape and Lighting District No. 93-1, Assessments for Fiscal Year 2023/2024 estimates $223,669.25 in revenue for Fiscal Year 2023/2024. This budget reflects zero carryover of unexpended funds from Fiscal Year 2022/2023.

CEQA: Exempt

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. 2023-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING THE

RESOLUTION OF INTENTION OF THE CITY COUNCIL TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023/2024 AND SETTING THE PUBLIC HEARING BY THE CITY COUNCIL FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023/2024 FOR JUNE 5, 2023 AT 6:30 P.M. IN CITY OF HOLLISTER’S CITY HALL COUNCIL CHAMBERS, 375 FIFTH STREET, HOLLISTER, CA 95203

WHEREAS, the City Council of the City of Hollister adopted Resolution No. 2023-63 initiating proceedings for the levy and collection of annual assessments for Landscape and Lighting District 93-1 (“District”) 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”) for the Improvements, Operation, Maintenance, and Services for street trees, parkways, perimeter sound wall, landscaping, hardscape, lighting and all appurtenant facilities and operations related thereto; and

WHEREAS, on April 17, 2023, the City Council adopted Resolution No. 2023-63 initiating proceedings for the levy and collection of assessments within Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024 and ordered the City Engineer to prepare the required Engineer’s Report and file it with the City Clerk; and

WHEREAS, the City Engineer prepared the Draft Engineer’s Report and filed it with the City Clerk; and

WHEREAS, on Mary 15, 2023, the Draft Engineer’s Report was approved by the City Council; and

WHEREAS, the City Council of the City of Hollister wishes to continue the proceedings to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024.

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

1. The City Council declares its intention to levy and collect assessments for Landscape and Lighting District No. 93-1 for Fiscal Year 2023/2024; and

2. The assessments are for operation, maintenance, and service costs of landscaping; lighting, street trees, park(s), parkway(s), storm water detention pond(s), sound wall(s), and appurtenant facilities described in the Engineer’s Report for Landscape and Lighting District No. 93-1, Assessments for Fiscal Year2023/2024; and

3. The Draft Engineer’s Report, on file with the City Clerk, has a full and detailed description of the improvements; the boundaries of the Landscape and Lighting District No. 93-1 and Zones therein; and the proposed assessments upon the assessable lots and parcels of land within the District; and

4. The City Council will conduct a public hearing on the levy and collection of the assessments on June 5, 2023, at 6:30 p.m. in City of Hollister’s City Hall Council G.4
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Chambers, 375 Fifth Street, Hollister, CA, 95023; and

5. Notice of the public hearing shall be published in accordance with the California Streets and Highways Code Section 22626(a); and

6. The Fiscal Year 2023/2024 assessments do not increase the amount of the Fiscal Year 2022/2023 assessments.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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. 2023-89, 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

SPONSOR(S): Perez

TITLE OF ITEM: ORDINANCE NO. 1234 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 2.04.320 OF CHAPTER 2.04 OF THE CITY OF HOLLISTER

MUNICIPAL CODE RELATING TO CITY COUNCIL SALARY

DESCRIPTION: Amending Section 2.04.320 of the Municipal Code will increase Council Salary from $400.00 to $820.00 per month effective the date of the November 2024 City Council election.

RECOMMENDATION: Introduce an ordinance of the City of Hollister amending Section

2.04.320 of Chapter 2.04 of the City of Hollister Municipal Code to increase City Council salary.

DEPARTMENT SUMMARY: City Council salary has been $400.00 per month since 2002. On April 17, 2023, the City Council directed the City Attorney to amend the Hollister Municipal Code to increase City Council salary to the maximum amount allowable. The Government Code allows the salary of City Council members to be increased in an amount not to exceed five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect (Gov. Code, § 36516 (a)(4).) It has been twenty-one (21) years since the last adjustment to City Council salary, so the City Council is eligible for a salary increase of up to one hundred and five percent (105%). The Attorney General has opined that the five percent (5%) per year increase is not compounded. (89 Ops Cal Atty Gen 159 (2006.) A one hundred and five percent (105%) increase to $400.00 is $820.00.

The Government Code also does not allow a change in compensation to apply to a City Council member during the City Council member’s term of office. However, it does not prevent the adjustment of compensation of all members of a City Council serving staggered terms whenever one or more members of the City Council becomes eligible for a salary increase by virtue of the City Council member beginning a new term of office (Gov. Code, § 36516.5.) The City Attorney is recommending that the salary increase become effective after the November 2024 election because that is the next time that City Council members will begin a new term of office.

The Government Code also prohibits a city ordinance from providing for automatic future salary increases so the $820.00 salary will remain in effect until the City Council elects to update this ordinance again. (Gov. Code, § 36516 (a)(4).)

Mayors may receive additional compensation (Gov. Code, § 36516.1.) The Mayor of Hollister receives compensation of $200.00 per month in addition to that which the Mayor receives as a City Council member. (HMC, § 2.04.060.) Currently the Mayor receives $600.00 per month, $200.00 more than other City Council members. Beginning after the November 2024 election, the Mayor will receive $1,020 per month, still $200.00 more than other City Council members.

FINANCIAL IMPACT: There will be a fiscal impact of $2,000.00 per month after November 2024.

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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ORDINANCE NO. 1234

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 2.04.320 OF CHAPTER 2.04 OF THE CITY OF HOLLISTER MUNICIPAL CODE RELATING TO CITY

COUNCIL SALARY

WHEREAS, City of Hollister Ordinance 978, adopted April 11, 2002, added chapter 2.04 (“City Council”) to the Hollister Municipal Code, and established a monthly salary for City Council members; and

WHEREAS, Section 2.04.320 provides that each member of the City Council shall be paid $400.00 per month; and

WHEREAS, Government Code section 36516 (a)(4) allows the salary of City Council members to be increased by an amount not to exceed five percent (5%) for each calendar year from the operative date of the last adjustment of the salary in effect; and

WHEREAS, it has been twenty-one (21) years since the last adjustment to City Council salary so the City Council is permitted to increase salary by one hundred and five percent (105%); or

WHEREAS, Government Code section 36516.5 does not allow a change in compensation to apply to a City Council member during the City Council member’s term of office however, it does not prevent the adjustment of compensation of all members of a City Council serving staggered terms whenever one or more members of the City Council becomes eligible for a salary increase by virtue of the City Council member beginning a new term of office; and

WHEREAS, the City Council wishes to increase City Council salary to the maximum amount allowable.

NOW THEREFORE, pursuant to the Government Code, the City Council of the City of Hollister does hereby adopt the amended section 2.04.320 of chapter 2.04 of the City of Hollister Municipal Code relating to City Council Salary:

SECTION 1. Section 2.04.320 (“Salary”) of chapter 2.04 (“City Council”) of title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code is amended to read:

2.04.320 – Salary.

A. The salary of each member of the city council shall be four hundred dollars ($400.00) per month.

B. Effective the date of the November 2024 City Council election, the salary of each member of the city council shall increase to eight hundred and twenty dollars ($820.00) per month, as authorized by Government Code sections 36516 and 36516.5.

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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 15th day of May, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a regular meeting held this _____ day of __________, 2023, by the following vote:

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 15th day of May, 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 Ordinance No. 1234 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 15th day of May, 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 May, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: MAY 15, 2023
SUBMITTED: May 9, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, Acting City
Manager

TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS

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.

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

ATTACHMENTS:

1. 20230515 - Agenda Item and Update Request log

THIS REPORT WAS REVIEWED BY THE INTERIM CITY MANAGER WHO CONCURS WITH

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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2022 Council Agenda Item Requests 5/11/2023
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log 1 Velazquez 1/18/2022 &
5/2/2022 Discussion on parking/parking garage fees Development Services (Planning/Engineering)6/5/2023
Parking fee study has been finalized and will be
brought forward to Council for discussion and
possible action. Agreement being drafted for
developer to proivde improvements at garage.
2 Velazquez 5/2/2022
Add language in City Code to fine developers
who block the alleys, streets, public right of
way for longer than 2 days with dumpsters or
equipment
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
3 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
4 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Development Services 6/20/2023 Staff returning with recommendations re: fee amounts
5 Morales 3/21/2022 Outdoor Night Market Development Services (Planning)TBD Included in Zoning and Municipal Code Update project.
6 Burns, Morales, Perez 4/4/2022 Food Truck Ordinance Review Development Services 6/20/2023 Planning Commission reviewed on 4/27/2023.
6/20/23 Council public hearing. Staff working to
conduct outreach for businesses and food truck
owners.
7 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.

Administrative Services 8/7/2023 Willdan completed scope and has begun the study.

Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
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2022 Council Agenda Item Requests 5/11/2023
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
8 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation 6/20/2023
Topo survey has been contracted with Kelly
Engineering and survey should be ready by
10/31/22. Dog park at Vista Park will to be
included in 2023-24 budget for Council
consideration. Topo survey has been received.

Staff working to issue an RFP for a Vista Park Hill
Master Plan.

UPDATE: Staff to request funding in FY23-24
budget
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Cooling policy is complete and OES working with
City Manager's office to complete Warming Center
policy. Delayed due to 2023 floods
12 Burns 10/3/2022 Special Meeting to Discuss the Library City Manager TBD Staff working to prepare meeting 13 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services TBD Fee Study being completed for all city fees 14 Morales 1/17/2023
Procurement Policy to express City's
preference for a skilled and trained workforce
instead of just the lowest responsive bidder,
such as preference for local hires and working
with veterans
Administrative Services TBD Staff is working with legal team to develop policy. 15 Burns 2/6/2023
City to take on cost for internet service for
computers installed by LULAC at Community
Center
Information Technology 6/20/2023 Developing cost estimates for FY 2023-24 budget 16 Resendiz 2/6/2023 Art development fees Parks & Recreation 6/20/2023 Arts and Cultural Commission approved on 4/11.

Bringing to Council on 6/20/23
17 Resendiz 2/21/2023 Policy on use of Council travel funds Administrative Services TBD Policy under development 18 Perez 2/21/2023 Program to support beautification of Downtown business and empty lots Development Services TBD Staff working to develop options for Council discussion
19 Resendiz 2/21/2023
Consideration of an amendment to HMC
regarding adoption of tentative maps by the
City Council
Development Services TBD Staff working with City Attorney to review previous discussion and direction.

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2022 Council Agenda Item Requests 5/11/2023
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
20 Burns 3/6/2023
4/3/2023
Clarification regarding Council discretionary
funds. Consider raising budget to $100K Administrative Services 3/24/2023 Staff is researching the 2022-23 budget hearings and will be providing an update.
21 Perez 3/6/2023 Tree Replacement Program Community Services 6/20/2023 Staff preparing program for 2023-24 Budget 22 Casey 3/6/2023 Speed Cushion Policy Engineering 6/5/2023 Staff developing policy. Council adopted a
resolution pausing traffic calming measures until
policy is approved.
23 Burns 3/20/2023 Create litter abatement and graffiti abatement team Community Services TBD Developing cost estimates for FY 2023-24 budget 24 Burns 3/20/2023
Consider placing the raising the Transient
Occupancy Tax on the ballot for the next
general election
City Clerk TBD
Will reach out to BBK to provide election
consulting services and include in FY 2023-24
budget
25 Casey 3/20/2023 Provide an ADA accessible update for Apricot Park Drive Parks & Recreation 6/20/2023 Developing cost estimates for FY 2023-24 budget 26 Council 4/3/2023 Information on chemical pesticide use by the City and policy on use of chemical pesticides Community Services TBD Staff to draft memo on topic 27 Council 4/3/2023 Letter of opposition re: Taxpayer Protection and Government Accountability Act initiative City Attorney 5/15/2023 Letter prepared for 5/15/23 meeting 28 Casey 4/3/2023 Ordinance re: Vacant commercial buildings Development Services TBD Working with City Attorney to discuss options to present to Council
29 Morales 4/17/2023 Use of Council discretionary funds for beautification projects Development Services 6/20/2023 Discretionary funds policy being drafted as part of 2023-24 budget
30 Morales, Perez 4/17/2023 Campaign finance City Attorney TBD City attorney drafting report for future council meeting
31 Casey 4/17/2023 Review Council Code of Conduct City Attorney TBD City attorney drafting report for future council meeting
32 Resendiz 5/1/2023 Presentation by United Way of San Benito County regarding 2-1-1 Program City Clerk 5/15/2023 Presentation confirmed 33 Burns 5/1/2023 Consideration of waiving pre-application fee for the Growing Hearts garden center Development Services 6/5/2023 Staff preparing agenda item for 6/5/2023 meeting 34 Resendiz 5/1/2023 Consideration of refund for conditional use permit fee for Fiesta Plaza Development Services 6/20/2023 Staff preparing agenda item for 6/20/2023 meeting
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2022 Completed Agenda Items 5/11/2023
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with
presentations by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of
time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.

Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022
7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of
the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council
Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022
MOU's re: Hazard Pay for
Employees approved
5/2/2022
5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date I.1.a
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch
over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Rally and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022
19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and
Perez were appointed on April
18, 2022.
4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member
wants to submit items to City
Clerk for posting to COH Social
media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to
amend City Code set for May
16, 2022. Item did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting
Agenda 5/16/2022
23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to
amend City Code set for May
16, 2022-Did not pass
5/16/2022
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council
Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance
Review to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be
provided to Council by outside
attorney. Memo provided on
5/25/2022 on Regulating
Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.

Ad Hoc 4/18/2022
Consultant is working on
Term Limits. Council
Direction for Charter City to
be brought back for
discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for
approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.

City Manager
Developer working on a
project for site and the land is
in escrow.
6/30/2022
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the
process & working with
Elections Consultant. Special
Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be
ready for Election in 2024 if
process is started in time.

Considered
complete
5/14/2022
31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in
May 14. Consultant is working
on Advisory Measure. On
June 6 Agenda for Council
Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to
allocate $500,000 from ARPA
Funds, divide amongst 5
Council Members - Council to
send locations
Waiting on
individual Council
Members
33 Council
Member(s)5/2/2022 Presentation on grants, low
income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager
Approved as part of the
Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022
39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August
2022 Meeting. If approved
working on ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on
9/6.9/6/2022
42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled
via Ordinance brought to
Council on September 6, 2022.
9/14/2022
43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.

Fly Breast Cancer flag in October at
City Hall.

City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Airport
Tenant Eviction City Manager
City Manager provided Council
Member Burns with necessary
information so item does not
need to be put on closed
session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022
Second reading of ordinance
will be brought to Council on
10/3/22.
10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ
for Facility Assessment Survey.

Will bring to the 10/17/22 City
Council Meeting
10/17/2022
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to
schedule date for
presentation.
11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has
requested to present at
11/7/22 council meeting. Will
evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley
Pavement and Drainage
Project are being presented to
the Council for approval on
11/7/22.
11/7/2022
53 Burns 11/21/2022
Municipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve
on committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.

Police (Animal
Control)/ City
Attorney
Will be discussed at the
Animal Control Ad Hoc
Committee meeting
2/14/2023
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023
City Manager contract
discussion scheduled for
Closed Session
2/21/2023
60 Casey 2/21/2023
Options to address feral cat
population including two
additional spay/neuter clinics in
March
Police/Animal
Control 3/6/2023 Agenda item scheduled for
3/6/23 3/6/2023
61 Casey 2/6/2023 Special meeting to discuss traffic
calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023
62 Resendiz 3/6/2023
Options for recognizing June as
LGBTQ+ month, such as flag
raising, progressive stickers, email
logos, inclusivity training, unisex
restroom signs
City Manager 3/20/2023 Item on the 3/20/23 agenda 3/20/2023 63 Burns 3/6/2023
Proclamation recognizing the
Hollister High School girl's soccer
team on their state championship
City Clerk 3/20/2023 Presented on 3/20/23 3/20/2023
64 Casey 3/6/2023 Study session on traffic calming
projects Engineering 3/27/2023
Council directed staff to draft
a speed cushion/traffic
calming measure policy
3/27/2023
65 Perez 3/20/2023 Raise the Christian Flag at City Hall on April 2 City Clerk 3/27/2023
Council approved resolution
on 3/27/23 authorizing the
raising of the Christian flag on
4/2/23
3/27/2023
66 Morales 2/21/2023 Presentation on new laws
impacting city operations City Attorney 4/3/2023 Presented to Council on 4/3/23 4/3/2023
67 Burns 2/21/2023 Policy regarding proclamations City Clerk 4/3/2023 Approved by Council on 4/3/23 4/3/2023
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 68 Burns 3/6/2023
Update HMC 1.18.060 to reflect
location of Code Enforcement
office
City Attorney 4/3/2023
Second reading of ordinance
will be brought to Council on
4/17/23
4/17/2023
69 Casey 3/6/2023
3/20/2023
Neighborhood/Community
Meeting to discuss Ladd Lane
traffic calming measures
Engineering 4/17/2023 Council approved public
outreach project 4/17/23 4/17/2023
70 Burns 4/3/2023
Proclamation for Cole Seymour
and Eliana Salcedo for their recent
wins at Razorback Wrestling
competition
City Clerk 4/17/2023 Presented on 4/17/23 4/17/2023
71 Perez 2/21/2023 Discussion of Council Pay (HMC

2.04.320)City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023
72 Burns 2/21/2023 Presentation on Flock Cameras Police 4/17/2023 Presented 4/17/23 4/17/2023 73 Burns 2/6/2023 Rename Community Center for
Pauline Valdivia
Parks & Recreation
(Tina)4/17/2023 Approved 4/17/23 4/17/2023
74 Casey 1/17/2023 Policy on how items are added to
the City Council agenda City Clerk 4/17/2023 Council direction provided 4/17/23. On 5/1/23 agenda 4/17/2023
75 Burns 1/17/2023
Request update to municipal code
related to Administrative Hearing
Officer requirements
City Attorney 4/17/2023 Council direction provided
4/17/23. 4/17/2023
76 Resendiz 3/20/2023
Refer to the Arts & Cultural
Advisory Commission the design of
the Hollister logo to incorporate
the LGBTQ+ Progress Pride flag
Parks & Recreation 4/11/2023 a logo considered at the ACC meeting on 4/11/23 4/11/2023
77 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager 3/27/2023 Will bring item back to goal setting meeting.3/27/2023
I.1.a
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2022 Completed Agenda Items 5/11/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 78 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
analysis or forecast for anticipated
equipment , projects,
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.

City Manager 3/27/2023 Will be included as part of
2023-24 Budget Hearings 3/27/23 - 6/30/23
79 Burns 3/6/2023
Fly the Deferred Action for
Childhood Arrivals flag at City Hall
for a month
City Clerk 5/1/2023
Resolution to Raise DACA flag
5/4/23-5/7/23 on 5/1/23
agenda
5/1/2023
80 Burns 2/21/2023
Proclamation recognizing Bill's
Bullpen for 35 years of business in
Hollister
City Clerk 5/1/2023 Scheduled to coincide with
start of Comic Book Week 5/1/2023
81 Perez 3/20/2023 Install electric vehicle charging
systems throughout the City Community Services 5/1/2023 Staff working with 3CE on a
grant proposal to provide
funding for EV stations.
5/8/2023
82 Morales 9/6/2022 Future park to be developed in
District 3 Parks & Recreation N/A
Federal appropriation request
submitted. Not awarded. Staff
exploring grant opportunities
for the Leatherback property.

TBD
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Packet Pg. 453

2022 Update Requests from Council
(non-agenda items)
5/11/2023
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log 1 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Working to include in EDC MOU 7/31/2023 2 Velazquez 2/7/2022 Update on lighting on 6th street and solar lights Engineering
Supplies have been received by contractor. Material
delays have slowed project. Installation will begin in May of 2023
6/30/2023
3 Council 5/2/2022
Upgrade or replace the lights downtown
and the first block of the side streets with
APRA funds
Community Services An RFP is currently out, and will close on 4/25/23, to add lights to side streets. 6/30/2023
4 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night. Development Services Included in Zoning and Municipal Code Update project.TBD 5 Burns 9/6/2022 Shade structure at Valley View Park Parks & Recreation Quotes have been received. Staff working with vendor to schedule installation.6/30/2023
6 Burns 9/6/2022
Union Rd signs need to be replaced with
Avenida Cesar Chavez signs at Fairview
and Hwy 25 intersections
Community Services
Encroachment permit submitted to Caltrans and sign is
being printed. Caltrans estimates 3-4 months
timeframe for encroachment permit approval.
8/31/2023
7 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to add feature to Dunne Park 6/30/2023
8 Burns 2/6/2023
Mountain lion shooting incident from
2022 - Requested independent
investigation of the incident and the body
camera footage to be released and
presented at regular city council meeting
City Attorney/Police Referred to City Attorney TBD
9 Burns 3/6/2023 Update on Hillcrest east of Memorial to El Toro Engineering Project is still not complete. Final slurry seal and striping work will be completed in April and May.5/31/2023 10 Burns 3/6/2023
3/20/2023
Update on hiring of maintenance worker
to repaint sound walls citywide Community Services Interviews held on 5/8. Offers will be made by 5/12.

Paint truck is currently operational. 5/31/2023
11 Burns 3/20/2023 Update on collection of fees from
litigation City has won Administrative Services Staff are gathering information and will report back to Council at a future date TBD
#Completed DateCouncil Member Meeting Date Update Requested Department Status Estimated Date of Completion
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Packet Pg. 454

2022 Update Requests from Council
(non-agenda items)
5/11/2023
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log #Completed DateCouncil Member Meeting Date Update Requested Department Status Estimated Date of Completion
12 Morales 3/20/2023
Update on the status of City's
involvement in regional efforts regarding
broadband installation
City Manager
Staff working on developing a report for council. Staff is currently amending its LATA grant application in an
effort to secure $500k for broadband design work.

TBD
13 Resendiz 4/3/2023
Transcribe LGBTQ+ Manual for Public
Officials and provide to employees and
other jurisdictions.

City Manager Transcription completed and manual being reviewed by Esperanza Center team.5/15/2023
14 Burns 4/3/2023 Comprehensive training report City Manager City Manager developing report format TBD 15 Burns, Morales 4/3/2023 Employee Recognition Program Human Resources Staff looking at options to bring back pre-COVID events TBD I.1.a
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2022 Completed Update Requests 5/11/2023
#
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.

City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested I.1.a
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 23 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.

City Manager 2/22/2022
24 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
26 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.

Recreation 3/5/2022
27 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 28 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
29 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
30 Council 2/22/2022 Update on the total number of PRA requests the City Clerk's Office receives per year City Clerk 4/4/2022 31 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
32 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 I.1.a
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.

Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 42 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
43 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
44 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
45 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
46 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.

City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
47 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 48 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
49 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
50 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
51 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
52 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 53 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
54 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
55 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective districts.

City Manager 5/2/2022
56 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
57 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
58 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcement Weeds removed 5/25/2022
59 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.

Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
60 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.

A more detailed process was
brought to Council, but rejected.
6/6/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 61 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.

Department Liaisons for Finance is
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.
6/21/2022
62 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
63 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
64 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
65 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
66 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
67 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
68 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.

City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 95 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
96 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
97 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
98 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
99 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
100 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.

City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 101 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendent to the local press and
to City Clerk for submission into the official
record
City Manager Email was forwarded as requested 10/18/2022 102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restrictive
ordinance than the state.10/20/2022
103 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
104 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
105 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
106 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
107 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.

Will provide an update to Council.11/30/2022
108 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
110 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
111 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
112 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
113 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
114 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
115 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.

Staff is waiting for the weather to
clear prior to install them.
1/31/2023
116 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 I.1.a
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 117 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 118 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 119 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 120 Burns 2/21/2023 Options for fencing the Downtown area for the motorcycle rally and charging an entrance fee Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
121 Burns 3/6/2023 Update on Police Communications Center Police Update sent to Council 3/15/2023 122 Burns 3/6/2023 Update on parklet request for 300 block of Monterey
Development
Services
Application incomplete, business
owner and neighbor 3/12/2023
123 Morales 3/6/2023 HPD to follow up on incident reported by Mr.

Rojas Police Police report taken 3/12/2023
124 Burns 3/6/2023 Status of the downtown monument sign Development Services
Update provided to council on
3/16/23 3/16/2023
125 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services
/ Development
Services
(Engineering)
Post speed study completed.

Councilmember can request to
add speed hump using their
district allocation
2/20/2023
126 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee Waiting on Ad Hoc Committee to
meet TBD
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 127 Burns 12/5/2022 Update on Cameras at the skate park Police Camera purchase request being
considered at 3/20/2023 council
meeting
3/20/2023
128 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate
is $150k. RFP boilerplate is
currently under review with City
Attorney. RFP released on March
15, 2023.
6/30/2023
129 Casey 4/3/2023 Post city vacancies on website Human Resources All active recruitments are
currently published on the City’s
website and other websites,
including GovernmentJobs.com,
as well as industry-specific bulletin
boards based on Department
needs.

Updated on a
rolling basis
130 Burns 4/3/2023 Certificate of Recognition for former Parks & Recreation Commissioner Alliyah Gomez City Clerk To be signed by Mayor on 4/17/23 and provided to Alliyah Gomez 5/15/2023
131 Morales 4/3/2023 Certificate of Recognition for Sarah Nordwick with the SBC Food Bank City Clerk To be signed by Mayor on 4/17/23 and provided to Sarah Nordwick 5/1/2023
132 Burns 4/17/2023 Use of Council discretionary funds to repair sidewalks Community Services List provided to Council 4/23/2023 133 Casey 3/20/2023
Update on participation in the San Benito
County Economic Development Committee by
the City
City Manager City Manager to attend 3/30
committee meeting 3/30/2023
134 Burns 2/21/2023 Update on the Senior Council and if City has contributed for past two years Parks and Recreation FY 2021-22 and 2022-23 Invoices were requested for payment 3/31/2023
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.3/31/2023
136 Burns, Velazquez 5/2/2022 Staff research drought resistant ideas for Jerry Gabe Dog Park and all future dog parks
Parks & Recreation
(Tina)
Staff met with landscapers to
assess sprinklers. Staff is
contacting other cities to learn
what materials they are using.

Landscapers will be seeding the
park on October.
4/25/2023
137 Resendiz 3/20/2023 Work with San Benito County to coordinate on any Pride Month events Parks & Recreation City manager to discuss with County CAO 4/26/2023
138 Morales 3/20/2023 Join committee to support bringing First Five community center Parks & Recreation Referred to Parks Department 4/23/2023 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.

Community Services
/ Parks & Recreation
The graffiti truck is operational
and Community Services is
responsible for abatement. We
are adding a maintenance position
to deal with graffiti on a regular
basis and will develop regular
routes to deal with graffiti before
it is reported.
3/31/2023
140 Resendiz 1/18/2022
Discuss creating a Homelessness committee with
representatives from different entities to tackle
homeless problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 141 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
142 Velazquez 2/7/2022 Update on alleys
Development
Services
(Engineering)
On 6/6/2022 Agenda. Alley survey
is underway - working on schedule
with surveyor. Topo survey work
began in late July of 2022. Topo
Surveys were completed in
September.
9/30/2022
143 Resendiz 3/6/2023 Update on Inclusionary Housing Ordinance Development Services
Planning Commission reviewed
ordinance on 2/23/23. Council
continued item until additonal
public outreach completed
(5/1/23)
5/1/2023
144 Morales 4/17/2023 Weeds at San Benito Street and Promise Community Services Crew dispatched to address concern 5/3/2023
145 Burns 3/20/2023
Update on previous concerns by members of the
public regarding parklets that would harm their
business
Development
Services
Parklet not approved due to safety
concerns 5/4/2023
146 Resendiz 2/21/2023 Training for peace officers and dispatchers as required by AB2504 City Attorney/Police
Training is scheduled and all staff
should complete by August of
2023.
5/8/2023
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2022 Completed Update Requests 5/11/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 147 Burns 1/17/2023
Suggested potential changes to the process
regarding City Council's review of initiating a
general plan amendment to potentially lower
the threshold for the required Council vote to
approve the initiation.

City Attorney Memo sent to Council 5/8/2023
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Hollister City CouncilMay 15, 2023

Hollister City Council
May 15, 2023