Agenda packet — Hollister City Council, June 5, 2023 (part 2 of 3)

Downtown Tree Lights

1. SCHEDULE OF ACTIVITIES:

RFP Release: 03/15/2023
Written Inquiry Deadline: 03/31/2023 @ 5:00 p.m.

Submission Deadline: 04/11/2023 @ 3:00 p.m.1
Interviews (if required): Week of April 17, 2023 (tentative) City Council Approval: 05/01/2023 (tentative)

2. PRE-SUBMITTAL INQUIRIES AND POINT OF CONTACT:

A. Pre-Submittal technical and procedural inquiries shall be directed to William Via at [email protected] or at
https://www.bidnetdirect.com/california/cityofhollister B. Answers to all inquiries will be posted on bidnet direct.

C. Inquiries that result in an addendum to the Request for Proposal (“RFP”) will be uploaded to bidnet direct. It is the responsibility of the contractor to check the website for any addendum. Contractors must include in their proposal an acknowledgement of receipt of any and all addenda issued. Please visit our bidnet website at: https://www.bidnetdirect.com/california/cityofhollister to check for addendums.

3. PROPOSAL SUBMISSION GUIDELINES:

A. Contractors must submit five (5) hard copies of their proposal, one with an original signature and one digital copy (PDF format). The proposal must be formatted in accordance with the instructions of this RFP. Proposals must be enclosed in a sealed envelope or package, clearly marked: "DOWNTOWN TREE LIGHTS, RFP" and delivered to the City at 375 Fifth Street, Hollister, CA 95023 by the submission deadline.

B. Proposals received after the date and time specified shall not be considered.

Facsimile, telephone, or verbal proposals will not be accepted.

C. Proposers are expected to examine all provisions, specifications, and instructions included in this RFP, and all addendum on the City website.

Failure to do so will be at the proposer's risk.

D. All proposals shall be dated and signed by a representative authorized to enter into agreements for the proposing contractor.

E. All proposals shall remain in effect and legally binding for a minimum of one hundred and twenty (120) days from the opening date.

1 Late submittals will not be accepted and will be returned unopened.

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F. Expenses incurred in preparation of the proposal, site visits, or any other actions related to responding to this RFP shall be the responsibility of the contractor. Any and all damages that may occur due to packaging or shipping of the proposal will be the sole responsibility of the contractor.

G. All proposals, response inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, displays, schedules, exhibits and other documentation submitted by contractor shall become the property of the City.

H. Stated days shall be interpreted as calendar days. Consultant must examine all information and materials contained in and accompanyi ng its proposal.

Failure to do so will be at the contractor's risk. This includes, but is not limited to, all relevant laws and regulations of the State of California and the United States Government.

I. Upon submittal of a proposal to the City, the proposal becomes the property of the City and is subject to the Public Records Act.

a. Unless otherwise compelled by a court order the City will not disclose any proposal whi le the City conducts its deliberative process in accordance with the procedures identified in this RFP.

However, after the City either awards an agreement to a successful Contractor, or the City rejects all proposals, the City shall consider each proposal subject to the public disclosure requirements of the California Public Records Act (California Government Code sections 7920.000, et seq.), unless there is a legal exception to public disclosure.

b. If a contractor believes that any portion of its proposal is subject to a legal exception to public disclosure, the Contractor shall: (1) clearly mark the relevant portions of its proposal "Confidential'; and (2) upon request from the City identify the legal basis for exception from disclosure under the Public Records Act; and (3) the Contractor shall defend, indemnify, and hold harmless the City regarding any claim by any third party for the public disclosure of the "Confidential" portion of the qualifications submittal.

4. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:

A. A proposal that is in the possession of the City shall only be altered by letter or email addressed to William Via at [email protected], bearing the signature of the contractor's authorized representative, provided it is received prior to the RFP submission deadline.

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B. A proposal that is in the possession of the City may be withdrawn by the proposer up to the time of the deadline for submission of proposals.

5. AWARD AND AGREEMENT INFORMATION:

A. The City hereby notifies all proposers that it will affirmatively ensure that minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation, and that no proposer shall be discriminated against on the grounds of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.

B. The contractor agrees that should it be awarded an agreement, the contractor shall not discriminate against any person who performs work thereunder because of age, race, color, gender, sexual orientation, religion, creed, national origin, marital status, political affiliation, or disability.

C. The City reserves the right to reject any or all proposals and to waive any irregularities if deemed in the best interest of the City to do so. The City will select the contractor whose proposal is determined by the City to be the most responsive and responsible proposal. The City will be the sole judge in making such a determination.

D. The successful contractor will be required to enter into and sign an agreement with the City which will be in effect for the duration of the agreement period.

A sample agreement is attached to this RFP as Attachment C.

E. The terms and conditions of this RFP as well as the contractor's proposal, and any modifications to said proposal agreed to in writing by both parties shall become a part of the agreement.

F. Prior to final selections, contractors shall be required to submit any additional information that the City deems necessary to determine the contractor's qualifications.

G. Open Procurement

a. The contractor shall include any latitudes, prohibitions or limitations placed on the purchase of the items presented in the contractor's proposal. Items and/or services that the contractor intends to be offered on a unit prices basis must be so identified. The City's objective is to clarify all purchase options.

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b. The City reserves the right to negotiate changes to the original proposal(s), including changes in system cost and/or unit price. c. The City reserves the right to accept or reject any or all proposals in whole or in part.
d. The City reserves the right to award an agreement to more than one contractor.

6. BACKGROUND INFORMATION:

Founded in 1872, Hollister is located in San Benito County and is the County seat. Geographically, Hollister is just northeast of Salinas between Gilroy and Pinnacles National Park along California State Highways 156 and 25. The City is governed by City Council/Manager (Mayor at Large and 4-member City Council). The City is completing many beautification projects downtown.

Lights have been installed on trees on the main street downtown (San Benito Street) and the City is interested in installing lights on one-hundred (100) small street trees on the side streets.

7. SCOPE OF WORK:

The City is currently seeking proposals from professional electrical or lighting contractors for the installation of outdoor, all weather, decorative tree lights on one-hundred (100) Crepe Myrtle trees in the downtown area. The trees will be trimmed by the City prior to installation and electricity is available at each of the tree wells.

A general scope of work is as follows:

A. Furnish and install mini LED lights:

1. Lights should cover enough of the tree trunk to be visible in every direction (strands spaced not more than six inches apart if placed horizontally/diagonally and no more than three inches apart if placed vertically). (see attachment E for an example)

2. Lights should extend from six (6) inches above the tree well, up the trunk, and up the lowest branches to the beginning of the foliage (at least five branches if available).

3. Staples, nails, or any other fastener that penetrates the tree are not allowed.

4. Light strands should be 120 volts and be 100ct warm white LED mini lights.

B. Traffic Control:

1. Contractor will be responsible for placing “No Parking” signs in the street adjacent to the trees to allow for sufficient space for installation of the lights.

2. Contractor will be responsible for pedestrian safety around installation work including, but not limited to, posting caution signs, closing the sidewalk, and placing cones around the installation area.

C. Location:

1. From 4th Street to South Street (4th, 5th, 6th, 7th, South)

2. Between East Street and Monterey Street (two blocks) A.19.c
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8. EXPECTATIONS OF THE CONTRACTOR:

Contractor is expected to perform and provide the following deliverables:

A. Provide a schedule for installing the lights:

1. Street by street

2. Block by block
B. Meet and confer with staff as needed throughout the process.

C. Ensure the safety of the public at all times.

D. Provide at least a one-year warranty on products and installation.

9. PROPOSAL FORMAT AND CONTENT:

Proposals submitted in response to this RFP shall contain minimal general brochure-type information and shall be a maximum of 10 two-sided, 8.5 by 11 inch sheets. The Attachments contained in this RFP, table of contents, and tabs are not counted toward the page maximum. The minimum acceptable font size for the proposal is 11 point. The five (5) cost proposal hard copies shall be included in one separate sealed envelope. The digital copy shall be included in the sealed envelope on a usb drive.

In order to facilitate the evaluation of the proposals, contractors should format their proposals using the following sections:

A. STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE) - ATTACHMENT A
Fill out and include Attachment A found in the RFP
B. EXECUTIVE SUMMARY A brief summary of the key characteristics of the proposal is required.

C. CONTRACTORS BACKGROUND INFORMATION Background information should describe in general the firm's history and its experience in the various types of services provided. Contractor should also provide information on the financial strength of the firm.

List contracts terminated (partially or completely) by clients for convenience or default within the past three years. Include contract value, description of work, sponsoring organization, contract number, name of inspector, and name and telephone number of contracting entity.

D. CONTRACT UNDERSTANDING Provide specific and detailed information and methods on how the work will be completed to fulfill the requirements of the RFP.

Include a schedule and any relevant information related to this RFP that makes the firm the most qualified.

E. CONTRACTOR EXPERIENCE Provide specific information on the firm's experience, particularly in projects similar to this RFP. List and describe at least two similar projects completed by the firm within the past ten years.

F. PROJECT STAFF Identify the Project Manager and specific staff on the project team that are being proposed. For all project team members, describe specific services they A.19.c
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will perform, and illustrate clearly the applicability of the individual's background, education, and experience to his or her assigned role. Provide resumes for the Project Manager and personnel.

G. SUB CONTRACTORS Identify any and all sub-contractors proposed to serve on the project, with background information and particular experience of key personnel, including past projects and resumes. Show the key personnel in the organization chart.

H. QUALITY ASSURANCE/QUALITY CONTROL (QA/QC) Describe how quality assurance and quality control will be provided for the project. Identify the individuals that will be involved in QA/QC services and at what milestones they will be provided.

If your firm has a structured QA/QC Program, describe it briefly, showing how it will be applied to the project. Provide information on your plan to manage the schedule and budget and provide updates to the City.

I. EXCEPTIONS Please include a statement regarding exceptions to the sample contract.

If no exceptions are included, the City will expect the Contractor will be able to sign the City's contract and provide the required insurance and indemnificati on.

10. FORMAT OF COST PROPOSAL:

The contractor must include a per tree cost to furnish and install the lights. This price will be used to add or subtract trees from the project; and to allow for unidentified or removed trees. Prices quoted shall be valid for at least one hundred and twenty (120) days following the proposal submission deadline and, if an agreement is entered into as a result of this RFP, shall become fixed for the term of the agreement.

The City shall be the sole arbiter in the determination of equality. The City reserves the right to reject any proposals and to accept the proposal or proposals which in its sole and absolute judgment shall, under all circumstances, best serve the interests of the City.

11. SELECTION PROCESS, CRITERIA AND SCORING:

The City will have a Selection Committee for the evaluation of proposals. The selection of a contractor and subsequent award will be based on the criteria contained in this RFP, and as demonstrated in the submitted proposal. Contractors should submit information sufficient for the City to easily evaluate proposals with respect to the selection criteria. The absence of required information shall cause the proposal to be deemed non-responsive and shall be cause for rejection.

All proposals received in accordance with this RFP will be evaluated using the following criteria.

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Score X Weight = Rating

1. Company’s Experience with
decorative tree light installation
varying in degree of size/complexity. ____ .30 ____

2. Completeness/Quality of RFP
submittal. ____ .20 ____

3. Company’s available resources to
complete tasks/projects. ____ .15 ____

4. Pricing ____ .35 ____

SCORE:
0 = Non-Responsive
1 = Poor
2 = Fair
3 = Average (Included only minimum of what was asked for on subject criteria) 4 = Good
5 = Excellent
• Do not attempt to contact any Selection Committee Member, staff member or person other than William Via with questions relating to this project. Anyone attempting to lobby City of Hollister representatives may be disqualified.
• Recommendation of award will be provided on bidnet direct once award is made at https://www.bidnetdirect.com/california/cityofhollister . The award will be based on the proposal that is most advantageous to the City. All Selection Committee recommendations are subject to City Council approval.

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12. AGREEMENT

A. Time is of the essence in awarding the agreement. The City reserves the right to cancel any intent to award and proceed to the next contractor if the selected contractor has not signed the agreement within two (2) weeks after the notification of intent to award.

B. Execution of Contract
a. Upon the acceptance of a contractor's proposal, the City will prepare and submit an agreement to the successful contractor for signature. (See sample agreement, as Attachment C, which contains required contractual language.) In the event that the successful contractor fails, neglects, or refuses to execute the agreement within two (2) weeks after receiving a copy of the agreement from the City, City may, at its option, terminate and cancel its action in awarding the agreement and the agreement shall become null and void and of no effect. b. Incorporated by reference into the agreement which is to be entered into by the City and the successful contractor pursuant to this proposal will be (a) all of the information presented in or with this proposal, including any addendums, and the contractor's response thereto, and (b) all written communications between the City and the successful contractor whose proposal is accepted.

C. No Assignment. Assignment by the successful contractor to any third party of any agreement based on the proposal or any monies due shall be absolutely prohibited and will not be recognized by the City unless approved in advance by the City in writing.

D. Force Majeure Neither party shall be liable to the other for any failure or delay in rendering performance arising out of causes beyond its control and without its fault or negligence. Such causes may include, but not be limited to, acts of nature or the public enemy, freight embargoes, and unusually severe weather; but the failure or delay must be beyond its control and without its fault or negligence. Dates or times of performance will be extended to the extent of delays excused by this section, provided that the party whose performance is affected notifies the other promptly of the existence and nature of such delay.

13. REJECTION OF PROPOSALS:

The RFP does not commit the City to award an agreement, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies.

The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel the RFP in part or in its entirety, if it is in the best interest of the City to do so. The City may require the proposer selected to participate in negotiations, and to submit such proposal as may result from negotiation.

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Any proposal submitted during this RFP process becomes the property of the City. The City will not be liable for nor pay costs incurred by the respondent in the preparation of a response to this RFP or any other costs involved including travel.

14. GENERAL CONDITIONS:

Whi le the intent of the City is to award the agreement to the selected contractor, it reserves the right to both either withdraw and/or not award an agreement at any time it so desires. Costs incurred in the preparation of response to this RFP will not be reimbursed.

Limitations

A. The contractor should expect to have access only to the public records and public files of local government agencies in preparing the proposal or reports.

The contractor should not anticipate any compilation, tabulation, or analysis of data, definition or opinion, etc., unless volunteered by a responsible official of that agency.

B. The City has the authority to terminate the agreement upon written notice to the contractor at any time during the period of the project if the City finds that the contractor's performance is not satisfactory.

15. LIST OF ATTACHMENTS:

Attachment A - Proposal Summary and Statement of Responsibility (signature page) Attachment B - Certificate of Non-collusion
Attachment C - Sample Agreement for Professional Services Attachment D - Satellite image of project area
Attachment E – Installation Example Photographs

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ATTACHMENT A

STATEMENT OF RESPONSIBILITY (SIGNATURE PAGE)

This Statement of Responsibility (Signature Page) shall be included with your submittal in order to validate your proposal. Proposals submitted without this page will be deemed non-- responsive.

Contractor Authorized Representative
Company Name: Date:

Representative:

Title:

Phone:

Address:

Federal Tax ID:

RFP Contact Information (if different than above)

Contact Person:

Title:

Phone:

Email Address:

Certifications:

1. Do you agree to comply with specifications, RFP instructions, draft contract requirements and other pertinent references contained in this RFP? □ YES □ NO

2. Do you agree that the proposal will stand firm and will not be withdrawn for a period of 120 days after the proposal is opened?
□ YES □ NO

3. Do you certify that all statements in the proposal are true? This shall constitute a warranty, which if falsified, shall entitle the City to pursue any remedy authorized by A.19.c
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law, and shall include the right, at the option of the City, of declaring any agreement made as a result thereof to be void.
□ YES □ NO

4. Do you agree to provide the City with any other information the City determines is necessary for accurate determination of your qualifications to provide services? □ YES □ NO

5. Do you agree that the proposal amount includes all costs incident to the proposed contract?
□ YES □ NO

To the best of my knowledge and belief, the information provided in this initial determi nation of responsibilities is true and correct.

Authorized Representative:
(printed name)
Signature:

Date:

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ATTACHMENT B

CERTIFICATE OF NON-COLLUSION

The undersigned certifies, under penalty of perjury, that this proposal has been made in good faith and without collusion or fraud with any other person. As used in this certifications, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

Name of Proposer

Signature of Authorized Representative

Date

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ATTACHMENT C

SAMPLE PROFESSIONAL SERVICES AGREEEMENT

CITY OF HOLLISTER

PROFESSIONAL SERVICES AGREEMENT
FOR
Downtown Tree Lighting Project

THIS AGREEMENT, made and entered into this ____ day of ________, 2023, by and between the City of Hollister, California, a municipal corporation, ("City,") and _____________, (“Contractor”).

1. Description of Project: City desires to retain a contractor to provide Downtown Tree Lighting as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.

2. Scope of Services - Basic; Completion: Contractor shall perform those basic services in connection with the project as are set forth more particularly in EXHIBIT "A" entitled "SCOPE OF CONTRACTOR SERVICES - BASIC, COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.

3. Scope of Services - Additional, Completion Schedule: It is understood by City and Contractor that it may be necessary, in connection with the project, for Contractor to perform or secure the performance of services other than those set forth in EXHIBIT "A". In each such instance, Contractor shall advise the City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them (if applicable). Contractor shall not proceed to perform any such required additional services until City has determined that such service is beyond the scope of the basic services to be provided, is required, and has given written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Contractor Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached as a new exhibit entitled "Exhibit D: SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE."

4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.

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5. Compensation; Retention: Contractor shall be compensated for services rendered to City pursuant to this Agreement periodically in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "B" entitled "COMPENSATION." Amounts due to Contractor from City for services rendered shall be evidenced by the submission to City by Contractor of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered.

Each such invoice shall be forwarded to City so as to reach it on or before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.

6. Responsibility of Contractor: By executing this Agreement, Contractor warrants to City that Contractor possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Contractor further warrants that it will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Agreement.

7. Responsibility of City: To the extent appropriate to this project, City agrees to:

7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.

7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.

7.3 Examine all studies, reports, specifications, proposals and other documents prepared and presented by Contractor, and render verbally or in writing as may be appropriate, decisions pertaining thereto within a reasonable time so as not to delay the progress of the work by Contractor.

7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.

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8. Indemnification: Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and agents from and against any and all liability, loss, damage, expense, and cost (including without limitation, attorney fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s negligence, recklessness, or willful misconduct of Contractor hereunder or its failure to comply with any of its obligations contained in this Agreement.

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

9.1 Workers' Compensation Insurance to cover its employees, and Contractor shall require all contractors and subcontractors similarly to provide Workers' Compensation Insurance as required by the Labor Code of the State of California for all of the subcontractors' employees.

9.2 Professional Liability Insurance Covering Errors and Omissions. The limits of coverage shall be no less than ONE MILLION DOLLARS ($1,000,000) with a provision for no more than $25,000 deductible. Contractor may not disclaim responsibility or avoid liability for the acts or omissions of its subcontractors or other professional contractors.

9.3 Public Liability Insurance including personal injury and property damage insurance for all activities of the Contractor and its subcontractors arising out of or in connection with this Agreement, written on a comprehensive general liability form including, but not limited to, Broad Form Property Damage, blanket contractual, products liability and completed operations, X, C, U hazards, vehicle coverage and non-owned auto liability coverage in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit personal injury and property damage for each occurrence.

9.4 Certificates of Insurance and properly executed endorsements in a form acceptable to the City Attorney evidencing the coverage required by the clauses set forth above shall be filed with the City at the time of execution of this Agreement. Each such policy shall be endorsed with the following language, except as otherwise provided:
(1) The City of Hollister is named as additional insured for all liability arising out of the operations by or on behalf of the named insured, and this policy protects the additional insured, its officers, agents, and employees against liability for personal and bodily injuries, deaths or property damage or destruction arising in any respect, directly or indirectly, in the performance of the contract. (For Public Liability Only)
(2) The insurance provided is primary and no other insurance held or owned by the City shall be called upon to contribute to a loss.

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(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.

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

11. Conflict of Interest: Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has a conflict of interest with respect to the work to be performed under this Agreement, nor shall such individuals, during this term of this Agreement, acquire any interest which would conflict in any manner with the performances of services hereunder.

12. Nondiscrimination: During the performance of this Agreement, Contractor will not discriminate against any employee or applicant for employment because of race, religion, creed, color, national origin, gender, sexual orientation, or age. Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, creed, color, national origin, gender, sexual orientation, or age.

13. Independent Contractor: City and Contractor agree that the relationship between them created by this Agreement is that of an independent contractor. Contractor shall be solely responsible for the conduct and control of the work performed under this Agreement.

Contractor shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Contractor's ability to fulfill the obligations established herein to City.

14. Notice to Proceed; Progress; Completion: Upon execution of this Agreement by the parties, City shall give Contractor written notice to proceed with the work. Such notice may authorize Contractor to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon A.19.c
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receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.

15. Ownership of Documents. Title to all documents, drawings, specifications, and work product performed under this Agreement shall vest with City at such time as City has compensated Contractor, as provided herein, for those services rendered by Contractor.

16. Designation of Key Personnel: The individuals specified in the attached EXHIBIT "C" shall provide the services set forth herein, and shall be the persons primarily in charge of such work. No other individuals may provide services for Contractor on this project without first obtaining the written approval of the city manager.

17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered by this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.

18. Term; Termination: The term of this Agreement shall commence upon City's issuance to Contractor of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall terminate upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retention. Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whatsoever by giving at least ten (10) days prior written notice of such termination to Contractor.

In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and customary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.

20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

21. Compliance with Laws, Rules, Regulations. All services performed by Contractor pursuant to this Agreement shall be performed in full compliance with all applicable federal, state, and City laws, including any rules, standards or regulations promulgated thereunder.

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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

23. Integration; Amendment. This Agreement represents the entire understanding of City and Contractor as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing sign by both parties.

24. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.

25. Waiver/Validity. Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver of any other condition of performance under this Agreement. The acceptance by the City of the performance of any work or services by Contractor shall not be deemed to be a waiver of any term or condition of this Agreement.

26. Jurisdiction: City and Contractor agree that the law governing this Agreement shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Agreement shall be filed and maintained in the County of San Benito.

27. Notice: Any notices required to be given pursuant to this Agreement shall be deemed to have been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parties as follows:
a. To City:

William Via, Community Services Director
City of Hollister
1321 South Street
Hollister, California 95023

b. To Contractor:

Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

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Downtown Tree Lights
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.

CONTRACTOR: CITY OF HOLLISTER:

Name, Title Mia Casey, Mayor

ATTEST

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

City Attorney

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Downtown Tree Lights
EXHIBIT "A"

SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE

SCOPE OF SERVICES

Contractor shall provide the following services:

1. Furnish lights for 100 trees

2. Install lights on 100 trees

COMPLETION SCHEDULE
(Note: You can place the completion dates next to each task.)

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Downtown Tree Lights
EXHIBIT "B"

COMPENSATION
City shall pay Contractor a total amount not to exceed $_______________ comprised of the following:

Task Description Unit Count Cost

1. Furnish and install tree lights EA. 100 $ EA.

Total $___________
(This amount must match
amount above)

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Downtown Tree Lights
EXHIBIT "C"

PROJECT STAFF

NAME TITLE

[Only main contact and onsite supervisor are necessary]

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Downtown Tree Lights
EXHIBIT “D”
SCOPE OF CONTRACTOR SERVICES - ADDITIONAL; COMPLETION SCHEDULE (IF

APPPLICABLE)

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Downtown Tree Lights

ATTACHMENT D

SATELLITE IMAGE OF PROJECT AREA

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Downtown Tree Lights

ATTACHMENT E

INSTALLATION EXAMPLE

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Downtown Tree Lights

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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE) MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD’S SIGNATURE.

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease General Fund
Improvements 101 5010 750050 55,000
Fund Balance 101 300101 55,000
Total 55,000 55,000

Explanation of Transaction:

Supplemental Appropriation for the installation of lights on downtown area trees.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk

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PROFESSIONAL SERVICES AGREEEMENT

CITY OF HOLLISTER

PROFESSIONAL SERVICES AGREEMENT
FOR
Downtown Tree Lighting Project

THIS AGREEMENT, made and entered into this 5th day of June, 2023, by and between the City of Hollister, California, a municipal corporation, ("City,") and The Christmas Light Guy Co., (“Contractor”).

4. Changes to Scope of Work - Basic Services: City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Contractor shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Contractor as to the extent of said impacts to time and compensation, an amendment to DocuSign Envelope ID: AFF8A5AE-55A1-45AA-A296-EC2A8BD94C3B A.19.e
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this Agreement shall be prepared describing such changes. Execution of the amendment by City and Contractor shall constitute the Contractor's notice to proceed with the changed scope.

Each such invoice shall be forwarded to City so as to reach it on o r before the fifteenth (15th) day of the month next following the month, or other applicable period, for which the services invoiced were provided. All such invoices shall be in full accordance with any and all applicable provisions of this Agreement. City will make payment on each such invoice within thirty (30) days of its receipt, provided, however, that if Contractor submits an invoice which is incorrect, incomplete, or not in accordance with the provisions of this Agreement, then City shall not be obligated to process any payment to Contractor until a correct and complying invoice has been submitted.

7. Responsibility of City: To the extent appropriate to this project, City agrees to:

7.1 Assist Contractor by placing at its disposal all available information pertinent to the project, including previous reports and any other relevant data.

7.2 Guarantee access to and make all provision for Contractor to enter upon public and private property as required for Contractor to perform its services.

7.4 Designate in writing a person to act as City's representative with respect to work to be performed under this Agreement. Such person shall have complete authority to transmit DocuSign Envelope ID: AFF8A5AE-55A1-45AA-A296-EC2A8BD94C3B A.19.e
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instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Contractor's services.

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

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(3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had been issued to each insured.
(4) The coverage provided by this policy shall not be canceled, non-renewed, or substantially reduced in amount or scope, without thirty (30) days prior written notice given to City by certified mail.
(5) All rights of subrogation are hereby waived against the City, its officers, and employees when acting within the scope of their appointment or employment.

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receipt of such notices, Contractor shall diligently proceed with the work authorized and complete it within the agreed time period.

17. Mistake of Fact. Each party understands that if any fact with respect to any matter covered b y this Agreement is found hereafter to be other or different from the facts now believed by that party to be true, such party expressly accepts and assumes the risk of such possible differences in fact and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any such difference in facts.

In this latter event, Contractor shall be entitled to compensation for all services rendered and work performed for City to the date of such termination.

19. Access to Records. Contractor shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least five (5) years following the date of final payment to Contractor by City. Any duly authorized representative(s) of City shall have access to such records for the purpose of inspection, audit and copying at reasonable times, during Contractor's usual and cu stomary business hours. Contractor shall provide proper facilities to City's representative(s) for access and inspection.

20. Assignment. This Agreement is binding on the heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Contractor without the prior written consent of the other. Any attempt by City or Contractor to so assign this Agreement o r any rights, duties or obligations arising hereunder shall be void and of no effect.

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22. Exhibits Incorporated. All Exhibits referred to in this Agreement and attached to it are hereby incorporated in it by this reference.

William Via, Community Services Director
City of Hollister
1321 South Street
Hollister, California 95023

b. To Contractor:

Frank Trovao, President
The Christmas Tree Light Guy Co.
7542 Santa Rita Circle
Stanton, CA 90680

Nothing hereinabove shall prevent either City or Contractor from personally delivering any such notices to the other.

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year above written.

CONTRACTOR: CITY OF HOLLISTER:

Frank Trovao, President Mia Casey, Mayor

ATTEST

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Mary Lerner, City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES - BASIC COMPLETION SCHEDULE

SCOPE OF SERVICES

Contractor shall provide the following services:

1. Furnish lights for 100+/- trees in the downtown area

2. Install lights on 100+/- trees in the downtown area from 4th Street to South Street (4th, 5th, 6th, 7th, South) between East Street and Monterey Street (two blocks)

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EXHIBIT "B"

COMPENSATION
City shall pay Contractor a total amount not to exceed $55,000.00 comprised of the following:

Task Description Unit Count Cost

1. Furnish and install tree lights $ 550 100 $55,000.00

Total $55,000.00

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EXHIBIT "C"

PROJECT STAFF

NAME TITLE
Frank Trovao Head Project Manager
Andrea Trovao General Manager
Anthony Vega Operations Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 25, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, Acting City
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-103, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $90,000 AND AMENDING

THE PROFESSIONAL SERVICES AGREEMENT WITH PECKHAM & MCKENNEY

EXECUTIVE SEARCH TO CONDUCT RECRUITMENTS FOR UP TO FOUR POSITIONS

BRIEF DESCRIPTION: City Council will consider a resolution to approve an appropriation in the amount of $90,000 and a First Amendment to Professional Services Agreement with Peckham & McKenney Executive Search to conduct executive recruitment services for up to four executive recruitments.

RECOMMENDATION: Adopt a resolution approving an appropriation of $90,000 and an amendment to the professional services agreement with Peckham & McKenney Executive Search to conduct executive recruitment services for up to four executive recruitments.

DEPARTMENT SUMMARY: In order to complete recruitments for executive positions in a timely and efficient manner, staff recommends amending the contract with Peckham McKenney Executive Search. Peckham McKenney recently completed several successful executive searches for the City of Hollister, including Assistant City Manager, City Clerk, Development Services Director, Administrative Services Director, and City Engineer. Staff recommends the use of an executive recruitment firm due to their large network and ability to reach and attract quality applicants. Upon approval, staff will work with Peckham and McKenney to recruit for the vacant Airport Director and Parks and Recreation Director positions.

Peckham McKenney was previously selected in response to the City’s Request for Proposals process and was determined that Peckham & McKenney Executive Search is the best fit to conduct executive recruitments for the City. Peckham McKenney staff is familiar with Hollister processes, expectations for applicants, etc. Furthermore, the consultant (Maria Hurtado) has managed the City’s recent successful executive recruitments and has twenty-five years of public sector experience.

FINANCIAL IMPACT: $90,000 (General Fund 101-1120-730000)

CEQA: N/A

ATTACHMENTS:

1. RFP Appropriation

2. Professional_Services_Agreement_Peckham_and_McKenney_Final.docx

3. Peckham McKenney First Amendment

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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. 2023-103

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING AN APPROPRIATION OF $90,000 AND AMENDING THE PROFESSIONAL SERVICES

AGREEMENT WITH PECKHAM & MCKENNEY EXECUTIVE SEARCH TO CONDUCT

RECRUITMENTS FOR UP TO FOUR POSITIONS

WHEREAS, the Interim City Manager is in need of a qualified executive search firm to assist in filling current and future executive positions; and

WHEREAS, Peckham & McKenney was previously selected as a result of a competitive Request for Proposals process in 2022 as being highly qualified and the best option for the City of Hollister; and

WHEREAS, Peckham & McKenney has completed several successful recruitments for the City of Hollister and is familiar with the City’s processes, applicant expectations, etc. and is recommended to complete current and upcoming executive recruitments;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve an appropriation in the amount of $90,000 and amend the professional services agreement with Peckham & McKenney Executive Search to conduct up to four executive recruitments.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-103, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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APPROPRIATION ADJUSTMENT

2. TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES) MUST BE APPROVED BY THE CITY MANAGER.

3. TRANSFERS OF APPROPRIATIONS BETWEEN FUNDS OR COST CENTERS MUST BE APPROVED BY THE CITY COUNCIL.

4. INCREASE IN APPROPRIATIONS NEEDS TO BE OFFSET BY ADDITIONAL REVENUE SOURCE OR AVAILABLE FUND BALANCE.

(ROUND UP TO WHOLE DOLLAR)

Account Project
Department/ Account Title Fund #Cost Center Number Task #Increase Decrease General Fund Reserve 101 300101 90,000
Professional Services 101 1120 730000 90,000
Total 90,000 90,000

Explanation of Transaction:

Professional Services Agreement with Peckham & McKenney Executive Search

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY

Approved
for Entry Date
Finance Office

Approved Date Journal No.

City Manager

Date Resolution No.

City Clerk
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF HOLLISTER AND PECKHAM & MCKENNEY

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT is entered into by and between the City of Hollister ("City") and Peckham & McKenney, (“Contractor”) this__________________________________. The City and Contractor agree as follows:

RECITALS

WHEREAS, City and Contractor have previously executed a Professional Services Agreement, dated May 2, 2022; and

WHEREAS, the City requires additional executive recruitment services causing additional cost and time to the project completion; and

WHEREAS, the amendment of the Professional Services Agreement is in the best interest of the City of Hollister.

NOW, THEREFORE, the City and the Contractor agree that the Professional Services Agreement shall be amended as follows:

Section 1 is hereby amended to read:

1. Description of Project: City desires to retain a contractor to conduct Executive Recruitment Services for the City including the positions of Assistant City Manager, Administrative Services Director, Development Services Director, and additional executive positions as required and as set forth in Exhibit “A”, ("the Project"), and to engage Contractor to provide the required professional services relating to the project.

The payment schedule as set forth in EXHIBIT “B” entitled “COMPENSATION” is amended to add the following:

EXHIBIT “B”

COMPENSATION

City shall pay contractor an up to additional $90,000.00 for Executive Recruitment Services for up to four additional executive position recruitments comprising of the phases as shown in EXHIBIT “A”:

Additional Executive Recruitments (up to four) for a total of the amended agreement not to exceed $90,000.

All other terms and conditions of the Professional Services Agreement dated May 2, 2022, as amended, shall remain in full force and effect.

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IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Professional Services Agreement on the day and year above written.

CONTRACTOR NAME: CITY OF HOLLISTER:

_______________________________ _______________________________ Anton “Tony” Dahlerbruch, CEO Mia Casey, Mayor

ATTEST:

_______________________________
Jennifer Woodworth, City Clerk

APPROVED AS TO FORM:

_______________________________
Mary Lerner, City Attorney
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 2, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Community Services
William Via, Community Services
Director

TITLE OF ITEM: RESOLUTION NO. 2023-104, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER RESCINDING THE DECLARATION OF WATER SHORTAGE

EMERGENCY

BRIEF DESCRIPTION: Adoption of this resolution will rescind Resolution No. 2022-80, which declared a Water Shortage Emergency, that is no longer necessary b ecause of record-setting precipitation last winter and Governor Gavin Newsom’s Executive Order N-5-23.

RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister declaring that conditions necessitating increased water conservation are no longer in effect; and rescinding Resolution No. 2022-80, which declared a Stage 2 Water Alert and implemented additional water conservation measures.

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

After California experienced three consecutive years of low precipitation, reservoir and groundwater levels were significantly below average. On May 2, 2022, the City Council adopted Resolution No. 2022-80 declaring a Water Shortage Emergency and implementing various watering restrictions.

Record-setting precipitation this last winter refilled reservoirs and left the State with a large snowpack. Therefore, on March 24, 2023, Governor Gavin Newsom issued Executive Order N-5-23, which terminated the requirement for water suppliers to enact their stage 2 Water Shortage Contingency Plans. The call for additional drought related water savings of up to 15% in response to drought conditions was also eliminated by EO N-5-23.

FINANCIAL IMPACT: N/A

CEQA: N/A

ATTACHMENTS:

1. Executive Order N-5-23 (Drought Update)

2. 2022-05-02 R 2022-80

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

THE STAFF RECOMMENDATION
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David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RESCINDING THE

DECLARATION OF WATER SHORTAGE EMERGENCY

WHEREAS, on April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment; and

WHEREAS, on March 28, 2022, Governor Newsom issued Executive Order N-7-22 directing the State Water Resources Control Board (SWRCB) to consider adopting drought emergency water conservation regulations to prepare for and mitigate the effects of the drought conditions, specifically requiring all urban water suppliers to activate their Water Shortage Contingency Plans (WSCPs) and implement the response actions identified for a shortage level of at least 20 percent; and

WHEREAS, at the May 2, 2022 City Council meeting, City Council adopted Resolution No. 2022-80 which declared a water shortage emergency and the implementation of Stage II of the Water Shortage Contingency Plan; and

WHEREAS, On March 24, 2023 Governor Gavin Newsom signed Executive Order N-5- 23, terminating the requirements of Executive Order N-7-22 paragraphs 1-3 to reduce water usage by 20 percent (Level 2).

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby determines that in accordance with Executive Order N-5-23, the City of Hollister rescinds Resolution No. 2022-80, which declared a water shortage emergency and implemented Stage II of the Water Shortage Contingency Plan while still encouraging residents to maintain best management practices on water use.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-104, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with loca l agencies and tribes; and
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WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.

2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.

3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.

4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.

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5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.

6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3

7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.

8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.

9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:

To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

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This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
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Page 1 of 2 ends

CITY OF HOLLISTER

DUPIJCATE OF ORIGINAL

ON FILE IN THE
RESOLUTION NO.2022-80 OFFICE OF THE CITY CLERK

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

DECLARING A WATER SHORTAGE EMERGENCY AND IMPLEMENTING THE

WATER SHORTAGE CONTINGENCY PLANS
The City of Hollister City Council does hereby resolve as follows:

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

WHEREAS, The City of Hollister and the Sunnyslope County Water District receive water from the San Benito County Water District that is imported into our county from the Central Valley Project for municipal purposes;and
WHEREAS,The Water Year got off to a wet start with record snowfall in the Sierra's in December 2021. Then the start of the new year saw an extremely dry stretch with virtually no rain or snow in January and February.Without those critical months of snow and rain, the state has less water to fill major reservoirs, which were already low after two dry years;and
WHEREAS, The Governor of the State of California, in accordance with the authority vested in him by the state Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625 of the California Government Code proclaimed a State of Emergency to exist in the State of California due to current drought conditions;and
WHEREAS, The District is a federal contractor with the Bureau of Reclamation. It has been projected by the Bureau that south of the Delta contractors will receive a zero allocation for agricultural water users and Municipal and Industrial (M&I)customers will only receive 25%of historical allocations this year;and WHEREAS,the demand for water service is not expected to lessen;and WHEREAS, as stated in the Hollister Urban Area Water Management Plan 2020,when the combined total amount of water supply available to the District from all sources falls at or below the Stage II triggering levels, the District will declare a water shortage emergency. The water supply would not be adequate to meet the ordinary demands and requirements of water consumers without depleting the District's water supply to the extent that there may be insufficient water for human consumption, sanitation, fire protection, and environmental requirements. These conditions are likely to exist until precipitation and inflow dramatically increases.

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Resolution No. 2022-80

Page 2 ends

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

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

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

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

AYES: Council Members Perez , Resendiz , Morales , Burns , and Mayor Velazquez .

NOES: None .

ABSTAINED: None .

ABSENT: None .

Ignacio Velazquez, Mayor
ATTEST:

Christine Black;LK/IMC, City Clerk CITY OF HOLLISTER

DUPLICATE OF ORIGINAL
APPROVED AS TO FORM: ON FILE IN THE

OFFICE OF THE CITY CLERK
Epperson Law Group PC
Jaso pjerson, City Attorney
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I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-80 is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 2nd day of May, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Hollister this 2nd day of May, 2022.

CITY OF
SiacK, MMC DUPUCATEOFORSG N
R41._,Chnstine AL
CityClerk of the City of Hollister ON FILE IN THE

OFFICE OF THE CITY CLERK
Seal)
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 31, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-105, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A CONTRACT AGREEMENT WITH THE GIANTS

COMMUNITY FUND FOR A FIELD RENOVATION AT VISTA PARK HILL AND DELEGATES

AUTHORITY TO THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT

BRIEF DESCRIPTION: This resolution will approve a contract agreement with the Giants Community Fund for softball field renovation at Vista Park Hill and delegate authority to the City Manager to negotiate and execute the agreement.

RECOMMENDATION: Staff recommends approving a contract agreement with the Giants Community Fund for softball field renovation at Vista Park Hill and delegating authority to the City Manager to negotiate and execute the agreement.

DEPARTMENT SUMMARY: On February 6, 2023, the City Council of the City of Hollister approved Resolution 2023-15, a Resolution authorizing an appropriation of $50,000.00 from the General Fund reserve to renovate the softball field at Vista Park Hill. And authorizes staff to accept field improvements from the Giants Community Fund. The City of Hollister's attorneys have started negotiations with the Giants Community Fund. The City of Hollister's staff recommends that the City Council delegate authority to the City Manager to negotiate and execute the agreement with the Giants Community Fund.

The Giants Community Fund shall provide the agreed-upon services:
Demolish the existing dome backstop and side fencing, haul off New backstop fence, side fencing, and dugout fencing
New concrete dugout pads
New benches for players
Shift entire field towards centerfield and re-layout the infield Install a new behind-the-mound quick coupler irrigation source Test and repair outfield irrigation as needed
Verticut and seed outfield
New bases, home plate, and pitching rubber
Remove 3” of existing infield mix
Add 3” of premium infield mix and compact
New service gate

The project work will begin in June 2023, and the field will be available for the opening day of the Junior Giants season on June 24, 2023.

FINANCIAL IMPACT: The City Council of the City of Hollister approved an amount of $50,000.00 at the February 6, 2023, City Council meeting.

CEQA: N/A

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

THE STAFF RECOMMENDATION

David Mirrione, Interim City Manager

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RESOLUTION NO. 2023-105

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

CONTRACT AGREEMENT WITH THE GIANTS COMMUNITY FUND FOR A FIELD

RENOVATION AT VISTA PARK HILL AND DELEGATES AUTHORITY TO THE CITY

MANAGER TO NEGOTIATE AND EXECUTE THE AGREEMENT

WHEREAS, On February 6, 2023, the City Council of the City of Hollister approved Resolution 2023-15, a Resolution authorizing an appropriation of $50,000.00 from the General Fund reserve to renovate the softball field at Vista Park Hill; and

WHEREAS, the City Council of the City of Hollister delegates authority to the City Manager to negotiate and execute the agreement with the Giants Community Fund; and

WHEREAS, the project work will begin in June 2023, and the field will be available for the opening day of the Junior Giants 2023 season on June 24, 2023; and

WHEREAS, the Giants Community Fund shall provide the agreed-upon services:
Demolish the existing dome backstop and side fencing
New backstop fence, side fencing, and dugout fencing
New concrete dugout pads
New benches for players
Shift the entire field towards centerfield and re-layout the infield Install a new behind-the-mound quick coupler irrigation source Test and repair outfield irrigation as needed
Verticut and seed outfield
New bases, home plate, and pitching rubber
Remove 3” of existing infield mix
Add 3” of premium infield mix and compact
New service gate

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister hereby delegates authority to the City Manager to negotiate and execute the agreement with the Giants Community Fund for the field renovation at Vista Park Hill.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

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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. 2023-105, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 31, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Recreation
Tina Garza, Recreation Services
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-106, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF HOLLISTER, THE CITY OF SAN JUAN BAUTISTA AND SAN

BENITO POLICE ACTIVITIES LEAGUE FOR THE USE OF ABBE PARK BALL FIELD IN

SAN JUAN BAUTISTA

BRIEF DESCRIPTION: This resolution would approve a Memorandum of Understanding (MOU) between the City of Hollister, the City of San Juan Bautista, and San Benito PAL (Police Activities League) for the use of Abbe Park Ball field located at 40 Polk Street in San Juan Bautista. The agreement is between June 5, 2023, through August 5, 2023, for the Junior Giants youth baseball/softball program.

RECOMMENDATION: Adopt a resolution approving a Memorandum of Understanding (MOU) between the City of Hollister, the City of San Juan Bautista, and San Benito PAL (Police Activities League) for the use of Abbe Park Ball field located at 40 Polk Street in San Juan Bautista.

DEPARTMENT SUMMARY: The Parks and Recreation Department is entering the seventh season of the Junior Giants baseball/softball program. This is a free program offered to youth 5-14 years old in San Benito County. City Staff coordinates with the City of San Juan Bautista for the use of Abbe Park Ball Field located at 40 Polk Street in San Juan Bautista. San Juan Bautista and Aromas residents can participate in the Junior Giants program, thus allowing participants to practice and play games in their community. The City of San Juan Bautista agrees to maintain the park for the duration of the agreement.

FINANCIAL IMPACT: None

CEQA: None

ATTACHMENTS:

1. MOU SJB

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. 2023-106

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

MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF HOLLISTER, THE

CITY OF SAN JUAN BAUTISTA AND SAN BENITO POLICE ACTIVITIES LEAGUE FOR THE

USE OF ABBE PARK BALL FIELD IN SAN JUAN BAUTISTA

WHEREAS, the City of Hollister Parks and Recreation Department recommends the City Council approve the Memorandum of Understanding (MOU) between the City of San Juan Bautista; and

WHEREAS, Parks and Recreation Department uses Abbe Park Ball Field in San Juan Bautista to host the annual Junior Giants Baseball/softball League in partnership with the San Benito Police Activities League.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the MOU between the City of San Juan Bautista and San Benito Police Activities League for the use of Abbe Park Ball Field to host the annual Junior Giants baseball/softball League.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-106, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 8, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

SPONSOR(S): Morales

TITLE OF ITEM: ORDINANCE NO. 1235 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 IT WITH A NEW CHAPTER 10.50, AND AMENDING CHAPTER 17 TO ADDRESS

ZONING DISTRICTS WHERE MOBILE FOOD VENDING IS PERMITTED

BRIEF DESCRIPTION: The City Council will consider amendment 2023 -5 to amend the City of Hollister Municipal Code to repeal Chapter 17.22.235 – Mobile Food and replace it with a new Chapter 10.50, amend Title 10 to include terminology associated with mobile food vending and amend Chapter 17 to address zoning districts where mobile food vending is permitted.

RECOMMENDATION: Introduce ordinance repealing Chapter 17.22.235 – Mobile Food and replace it with new Chapter 10.50, amend Title 10 to include terminology associated with mobile food vending and amend Chapter 17 to address zoning districts where mobile food vending is permitted, and schedule a second reading for June 20, 2023.

DEPARTMENT SUMMARY: During a Public Hearing on April 27, 2023, the Planning Commission reviewed and recommended City Council approval, subject to minor modifications, of the proposed Zoning Amendment. Zoning Amendment 2023-5 intends to provide proper regulation for mobile food vending. Mobile food vending can provide additional food choices for City of Hollister Residents and visitors. As part of the research and review process, Staff has considered and evaluated narrow streets, limited off street parking, and other related safety hazards that may potentially create safety hazards to safely operate mobile food vending.

Proposed Chapter 10.50 – Regulation of Mobile Food Vending includes specific areas where mobile food vending shall not occur. Mobile food trucks that sell beverages and food on the public right-of-way and developed private property pose traffic hazards and special dangers to the public health, safety, and welfare of the community if not properly regulated. It is the purpose and intent of the City, in enacting this ordinance, to provide responsible companies and persons who engage in mobile food vending from mobile food trucks with clear and concise regulations to prevent safety traffic and health hazards, as well as to preserve the peace, safety , and welfare of the community.

In preparation for this meeting of the City Council and to inform as many affected citizens and businesses as possible, the Planning Division staff held an in-person public outreach meeting in the City Council Chamber on Monday, May 22, 2023, from 6 pm to 7 pm. A flyer for the meeting was hand-distributed to vendors at the Farmer’s Market, posted on the City’s website and social media sites, and emailed to the Hollister Downtown Association and Chamber of Commerce for distribution to their members. A total of thirty-six (36) individuals attended the meeting and had the opportunity to learn about the ordinance, ask questions and provide informal comments. The participants were encouraged to address the City Council with any concerns about and/or support of the ordinance.

Staff recommends repealing Chapter 17.22.235 in its entirety as it has proven to be outdated and does not properly address the community’s needs for mobile food vending. Draft ordinance E.1
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(Chapter 10.50) addresses Mobile Food Vending on the public right-of-way and on developed private property. The ordinance offers three permit types to facilitate mobile food vending: Short - term Operations within the Public Right-of-Way, Long-term Operations within the Public Right- of-Way, and Developed Private Property Operations. Each permit type offers different hours of operations, expands zonings where mobile food vending can take place, identifies prohibited areas, and establishes operational standards. As a result of new Chapter 10.50 Mobile Food Vending, amendments to Title 10 and Title 17 shall be made to include definitions associated with mobile food vending and to include mobile food vending as a permitted land use.

Zoning Ordinance Amendment:

This ordinance proposes several changes to the City of Hollister Municipal Code to better address mobile food vending. Chapter 17.22.235 Mobile Food, proposed to be repealed, is provided as Attachment 1. New proposed Chapter 10.50 Regulation of Mobile Food Vending is provided as attachment 2. Proposed amendments to Title 10 definitions and Title 17 Land Use Table updates are provided as attachment 3. The following modifications are proposed to be made to the Zoning Ordinance related to mobile food vending:

 Repeal Chapter 17.22.235 Mobile Food.

 Add new Chapter 10.50 Mobile Food Vending.

 Title 17 - Zoning, amend Chapter 17.02.020 – Definitions, to include terminology associated with mobile food vending. Definitions for the following words will be included:

Short-Term Mobile Food Vending, Long-Term Mobile Food Vending, and Private Property Mobile Food Vending.

 Table 17.04-1 Residential Land Uses and Permit Requirements, amend to add Short- Term Mobile Food Vending as permitted with administrative review in all residential zones. Long-Term and Private Property Food Trucks shall not be permitted in any residential zone.

 Chapter 17.06 Home Office Zoning District, amend to add Short-Term Mobile Food Vending as permitted with administrative review in the Home Office Zoning District.

Long-Term and Private Property Food Trucks shall not be permitted in the Home Office Zoning District.

 Table 17.08-1 Commercial and Mixed Use Zone and Permit Requirements, amend to add Short-Term and Private Property Mobile Food Vending as permitted with administrative review in all Commercial and Mixed-Use Zones; Long-Term Mobile Food Vending shall be permitted in only the North Gateway Commercial Zoning District.

 Table 17.10 – 1 Industrial Zone Districts Land Use and Permit Requirements, amend to add Short-Term, Long-Term, and Private Property Mobile Food Vending as permitted with administrative review in all Industrial Zones.

 Table 17.12 – 1 Airport Zone Districts Land Use and Permit Requirements, amend to prohibit all Mobile Food Vending on the City of Hollister Municipal Airport property (Airport Zoning District).

 Table 17.12 – 2 Airport Support Zone Districts Land Use and Permit Requirements, amend to add Short-Term, Long-Term, and Private Property Mobile Food Vending as permitted in the Airport Support Zone.

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 Table 17.12 – 3 Open Space, Park and Public Facilities Zone Districts Land Use and Permit Requirements, amend to add Short-Term and Private Property Mobile Food Vending as permitted with administrative review in all Open Space, Park, and Public Facilities Zones; Long-Term Mobile Food Vending shall not be permitted within these zoning districts.

State Regulation of Mobile Food Vending:

The State of California has drafted rules and regulations pertaining to mobile food vending/facilities. Food trucks face different legal challenges therefore food-truck-specific legislation dictates how they are expected to operate. The State of California has established several rules and regulations regarding Mobile Food vending/trucks which require the operator to satisfy a number of requirements in order to operate in the State. One of the regulations require the vendor to obtain a California business license to operate legally in a given city. As part of the business license, the vendor must pay an annual fee and obtain an Employer Identification Number (EIN). California also requires a seller permit/reseller permit to sell any food. A seller permit is required is the vendor is selling their own good while a reseller is selling someone else’s pre-made goods.

The California Retail Food Code, Chapter 10. Mobile Food Facilities regulates operations of all mobile food facilities and mobile support units. California Retail Food Code regulates how mobile food facilities shall operate including the requirement for them to operate in conjunction with a commissary, mobile support unit, or other facility approved by the enforcement agency, maintain cleanliness, food preparation, operating at community events, etc.

Additionally, a mobile food vendor is required to obtain a food handler permit or take a food safety course. A food truck is subject to health inspections by the local health department. This permit is mandatory to ensure cleanliness and food safety is overseen by local authorities.

California Vehicle Code Section 22455 allows municipalities to regulate mobile food vending to protect public safety and Article XI, Section 7 of the California Constitution extends the municipalities the police power authority to regulate furtherance of public health and welfare.

Other mobile food vending, including street vending who sell hot dogs, fruit and other food items, are regulated by Senate Bill 972.

FINANCIAL IMPACT: $0.

CEQA: This action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of Regulations, Section 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment).

ATTACHMENTS:

1. Attachment 1_17.22.235 Mobile Food_To be Repealed

2. Attachment 2 Planning Commission Staff Report_ZOA 2023-5_Mobile Food Trucks

3. Attachment 3_Resolution 2023-15_ZOA 2023-5_Mobile Food_Unsigned

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

THE STAFF RECOMMENDATION
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David Mirrione, Interim City Manager

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ORDINANCE NO. 1235

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 IT WITH A NEW CHAPTER

10.50, AND AMENDING CHAPTER 17 TO ADDRESS ZONING DISTRICTS WHERE MOBILE

FOOD VENDING IS PERMITTED

WHEREAS, the City occasionally initiates an amendment to the Municipal Code in order to codify requirements for specific uses or activities; and

WHEREAS, the City desires to repeal the existing Section 17.22.235, Mobile Food, which is outdated in regard to community needs and add a new Chapter 10.50 Mobile Food Vending; and

WHEREAS, the City also desires to amend various use tables within Chapter 17 to address zoning districts where mobile food vending is permitted; and

WHEREAS, the Planning Commission held a duly noticed public hearing on April 27, 2023, to review the repeal of Chapter 17.22.235, the modification of land use tables, and new Chapter

10.50 Mobile Food Vending; and

WHEREAS, the Planning Commission adopted Resolution 2023-15 to recommend to the City Council the approval of the proposed changes to Title 17 Zoning and Title 10 Vehicles of the Municipal Code; and

WHEREAS, the City Council held a duly noticed public hearing on May 15, 2023 , to review the repeal of Chapter 17.22.235, the modification of land use tables, and new Chapter 10.50 Mobile Food Vending; and

WHEREAS, the proposed Municipal Code amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of Regulations, Section 15060, Subdivision (c)(2) (the activity will not result in a reasonably foreseeable direct or indirect physical change in the environment) and Section 15061, subdivision(b)(3) (there is no possibility the activity in question may have a significant effect on the environment); and

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 as follows:

1.1. Section 17.22.235 repealed. Section 17.22.235 “Mobile Food” is hereby repealed in its entirety.

1.2. Chapter 10.50 added. Chapter 10.50 “Mobile Food Vending” is hereby added to read as follows:

Chapter 10.50 - Mobile Food Vending.

10.50.010 - Purpose and Findings.

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The purpose of this chapter is to protect the health, safety, and welfare of the Hollister community by providing a set of regulations related to the operation of mobile food truck vendors, on public or developed private property within the City. Unless specifically exempted by this chapter, mobile food trucks shall only be allowed within the City Hollister in conjunction with an approved mobile food vending permit pursuant to the requirements set herein.

This chapter is not intended to enforce and/or regulate pedestrian food vendors, those mobile food vendors who operate human powered push carts, and/or other non-self-propelled vehicles including trailers. Such vendors may be regulated by other chapters in this Code and/or by other State or local laws. A Mobile Food Truck special event requires a temporary use permit not regulated by this chapter.

Findings:

A. Mobile Food Trucks have the potential to foster an active, vibrant, and social pedestrian environment in areas and communities throughout the City. Although Mobile Food Trucks can be focal point to the community, they can also create certain dangers to public health, safety, and welfare if not adequately regulated.

B. A Mobile Food Truck vendor is less attentive to pedestrian and vehicular traffic while driving and looking for potential customers which presents obvious traffic and safety risks. A vendor parking their vehicle improperly creating an obstruction can also increase the safety risks to pedestrians and other vehicles. The City of Hollister seeks to prevent this unneeded safety risk of the community.

C. If Mobile Food Trucks park in highly congested areas to do business then this action might increase, and make worse, existing traffic issues as well as obstruct sidewalks and pedestrian path of travel. As such, this could create increased safety issues for pedestrians for those using the public sidewalk, as well as a safety risk to pedestrians attempting to buy from the vendor. This safety risk seems to increase around schools while children, and their parents, are coming and going from the site.

D. The City of Hollister has an important, as well as a substantial, public interest to provide the community regulations in an effort to prevent safety, traffic, and health hazards, while also trying to preserve the peace, security, and welfare of the community.

10.50.020 – Definitions.

A. Beverage. A liquid for drinking that does not contain alcohol.

B. Block. A segment of a street between adjacent intersections or between an intersection and the terminus of the street or City boundary.

C. Food or foodstuff. Any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

D. Mobile Food Trucks (MFT):

1. Means any motorized vehicle designed primarily for dispensing food provisions.

For purposes herein, the terms “mobile food truck” and “food truck” shall include any trailer designed primarily for dispensing food provisions but only if attached to a motor vehicle at all times during which the food provisions are dispensed. “Food truck” shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing any type of food provisions.

2. Means any vehicle or trailer as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of prepared unpackaged food or foodstuffs of any kind. Food vending vehicle as used in this title does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or E.1
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vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence.

3. Means a licensed and operable motor vehicle used to serve, vend, or provide food or nonalcoholic beverages for human consumption from a fixed location or along a route in a public place as authorized by Health and Human Services — San Benito County.

4. Means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

E. Mobile Food Truck Vendor. A mobile food truck vendor is involved in the sale of prepared, unprepared, prepackaged, or unpackaged food of any kind on private or public property including streets, sidewalks, roadways, highways, and parkways.

F. Notarized Parking Authorization. A notarized and typed or handwritten (legible) document signed by mobile food vendor and developed private property owner or legal representative indicating the vendor may utilize parking spaces within the development.

G. Operate. To “operate” or “operation” shall mean all activities associated with the conduct of business, including but not limited to, set up, take down, and actual h ours where the mobile food truck is open for business.

H. Private Property. A legal designation for the ownership of property by non- governmental legal entities.

I. Right-of-way. A path or route that may lawfully be used. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

10.50.030 – Applicability.

Application for Mobile Food Vending permit shall be filed with the Planning Division on a form prescribed by the Development Services Director (Director) and shall contain such information and reports as may be required by the application submittal package or by other applicable ordinances or by the Director or designee in order to review and take action on the application.

A Mobile Food Truck vendor may apply for one or more of the allowed permits: short -term operations within public right-of-way, long-term operations within public right-of-way, and/or developed private property operations.

The Community Services Director and/or the City Engineer may from time to time create no parking zones, adjust parking space sizes, and impose parking time limits upon vending vehicles in areas that the Director deems necessary for the safe passage of pedestrians and vehicles.

10.50.040 - Rules and Regulations by permit type.

A. Short-term Operations within the Public Right-of-Way:

1. Permitted Zonings: All zonings. Residential Zoning Districts, Home Office Zoning District, Commercial Zoning Districts, Mixed-Use Zoning Districts, Industrial/Manufacturing Zones, and Special Purpose Zones. The following restrictions apply to operations in Residential Zoning Districts. a. Mobile Food Truck shall not park in front of a residence. b. Mobile Food Truck shall maintain 50 feet from a single-family residence, measuring from property line to mobile food truck.

2. Prohibited areas:
a. 4th Street between Westside Boulevard and Monterey Street. b. South Street
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3. Hours of Operation: Up to one (1) hour at one (1) location. Four (4) hours must pass to be allowed to return to a previous location. When moving from one location to another, vending must occur at another location at least one (1) block away.
a. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.
b. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

B. Long-Term Operations within the Public Right-of-Way:

1. Permitted Zonings: North Gateway Commercial Zoning District, and Industrial/Manufacturing Zones.

2. Mobile Food trucks may operate within the parking lot of a public park when the following requirements are met.
a. The location allows safe vehicle queueing within the public right-of-way. b. Approval has been obtained to locate mobile food truck inside the park.

3. Prohibited areas:
a. 4th Street between Westside Boulevard and Monterey Street. b. South Street

4. Hours of Operation: For one (1) hour or longer. For a maximum of four (4) hours. a. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.
b. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

C. Developed Private Property Operations:

1. Permitted Zonings: Commercial Zoning Districts, Industrial/Manufacturing Zones, and Mixed-use Zoning Districts, on a legally developed site with an established use and parking.

2. Prohibited Areas: Residential Zoning Districts

3. Hours of Operation: May operate only from the developed private property location approved in the permit.
a. All other zonings, excluding residential: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.; or
b. Mobile food vendor hours of operation may run concurrently with those of the established business on which the mobile food truck will be located.; or
c. Mobile food vendors may propose an alternative hours of operation schedule in which the vendor and developed private property owner or legal representative have agreed upon, not to exceed the hours of 6:00 a.m. to 12:00 a.m.

10.50.050 - Mobile Food Vending Permit Requirements, Licenses, and Process.

A. Process:

1. Upon receipt of a completed Mobile Food Vending Permit application, mobile food vending site plan, and all related documents and fees, the department shall consult with all applicable city departments, including police, fire, engineering, and code enforcement.

2. Planning Division staff will review the application submittal to determine completeness.
a. If application submittal is deemed complete it will be reviewed for approval or denial.

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b. If application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. If applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.

B. Requirements by application type:

1. Short-Term Operations within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information.
a. Completed Mobile Food Vending Permit Application with Site Plan, and b. Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and c. Business Tax Certificate and License from the City, and d. Environmental Health Permit issued by the San Benito County Health and Human Services Department, and
e. Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck (MFT), and f. Bonding, and Insurance naming the City as an additional named insured.

The City may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.

2. Long-Term Operations within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed truck. The applicant must show or provide, at a minimum, the following information:
a. Completed Mobile Food Vending Permit Application with Site Plan, and b. Authorization for use of Restroom Facilities, and
c. Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and d. Business Tax Certificate and License from the City, and e. Environmental Health Permit issued by the San Benito County Health and Human Services Department, and
f. Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck (MFT), and g. Bonding, and Insurance naming the City as an additional named insured.

The City may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.

3. Developed Private Property Operations: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information:
a. Completed Mobile Food Vending Permit Application with Site Plan, and b. Authorization for use of Restroom Facilities Form, and c. Notarized Parking Authorization Form, and
d. Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and e. Business Tax Certificate and License from the City, and f. Environmental Health Permit issued by the San Benito County Health and Human Services Department.

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10.50.060 - Mobile Food Vending Permit Operational Standards.

No person or entity shall operate or be allowed to operate or contract to operate, a food truck vehicle at any location within the City of Hollister without an approved mobile food truck vehicle permit and/or other entitlement as required by the City Hollister. Mobile food truck vendor to comply with all requirements and regulations set forth within this chapter, including any State, and County rules and regulations. The failure to do so may result in the revocation or suspension of the food truck vendor permit.

A. Exceptions:

1. All food truck vendors shall be required to obtain a separate permit, i.e. a temporary use permit, for any Food Truck Special Events.

2. Any City of Hollister-sponsored event where the vendor of each food truck are operating pursuant to a valid contract with the City; or

3. Any event sponsored by the Public School District and held entirely on school property.

B. Operational Standards:

1. Mobile food vending shall only be allowed on legally established parallel parking.

Vending from diagonal parking spaces is prohibited.

2. Sales from Mobile Food Trucks parked along streets shall only occur out of the portion of the Mobile Food Truck that faces the sidewalk, or that portion opposite moving traffic.

3. Mobile food trucks shall be removed at the end of business and/or when not in operation, this includes mobile food trucks permitted to operate on develope d private property. No food truck shall be left unattended overnight or parked overnight in any public right-of-way.

4. All food preparation, cooking, and storage shall occur inside the permitted vehicle and/or at an approved commissary off site. No food shall be prepared, sold, or displayed outside of the food truck vehicle.

5. Mobile food trucks shall display in a conspicuous place a valid permit to operate a Mobile Food Truck issued by the San Benito County Health and Human Services Department.

6. Mobile food trucks shall, at all times, display the Mobile Food Vending permit issued by the Development Services Department. Permit shall be placed in an obvious location clearly visible to the public.

7. Mobile food trucks shall procure a business tax certificate and license from the City before operating within city limits. Business tax certificate and license shall be displayed in a visible place.

8. Mobile Food Trucks must be brought to a complete stop and be lawfully parked according to the provisions of this Code prior to initiating food sale operations.

9. The sale of non-food items, or the performance of professional and/or personal services, shall not be provided from a food truck.

10. Only the sale of food, foodstuff, and beverages are permitted.

11. Mobile Food Truck Vendor shall be responsible for managing customer queuing and for ensuring that safe pedestrian accessibility is maintained.

12. Food trucks shall be maintained in a clean and presentable condition at all times, free from graffiti, body damage, or obvious signs of deterioration (e.g., peeling paint, rust, etc.).

13. All grounds used by a food truck vendor shall be maintained clean at all times.

Any trash or spills of food by-products shall be immediately cleaned.

14. Grease and liquid waste shall not be disposed of in tree wells, storm drains, sanitary sewer systems, public streets, or any other unapproved location.

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15. Trash and recycling containers shall be provided by the food truck vendor for use by the patrons. All containers and their contents shall be removed from the site at the conclusion of business activities. No refuse or waste generated shall be disposed of in any public trash receptacle.

16. No food truck shall be allowed to install any physical addition to the food truck unit. The truck itself should function as a large-scale sign. No signage other than what is exhibited on the truck bodywork or inside the mobile food truck may be displayed.

10.50.070 - Restrictions for sales around Children and Schools.

No Mobile Food truck shall sell or offer for sale, display, solicit, barter, exchange, gift or otherwise, any food and/or beverages to any minor child, attending any of the public or private schools within the City, on the street or from other public places within 1,000 feet of the exterior boundaries of land which any public or private school, or pre-school building, is located within the City between the hours of 7:00 a.m. and 4:00 p.m. on any school day.

The above provision shall not apply to any Mobile Food Truck vendor who has received written consent of the school principal, or other authorized school official, to park, stop, or stand for the purpose of selling food and/or beverages, such authorization shall not interfere with and vehicular traffic and/or pose a traffic safety hazard to school children. Any such written authorization shall be kept, maintained, and displayed by the Mobile Food Truck vendor at all times, and available any time for inspection.

10.50.080 – Exceptions.

Any Mobile Food Truck Vendor identified in an application for a special event submitted to the City of Hollister pursuant to the City of Hollister Special Event Program, or any other City sponsored or approved event, shall be exempt from the requirements of this chapter pertaining to Mobile Food Trucks, provided that the Mobile Food Truck is parked for the duration of the special event in order to conduct business.

Any Mobile Food Truck who has not been granted a permit to operate at a special event must remain at least 500 feet away from the boundary of the special event for the duration of the event.

10.50.090 - Approval and Issuance of a Mobile Food Vending Permit.

A. The Development Services Director, or designee, shall approve and issue a mobile food vending permit if:

1. The required permit fees have been paid.

2. No violation, as that term is defined in Section 10.04.150 – Violations – Civil penalties, are pending for the food truck vendor or the subject property where the food truck intends to locate.

3. The Mobile Food Truck vendor agrees to comply with the regulations in this chapter.

B. A permit is effective upon approval by the Development Services Director, or designee.

C. If the city issues a mobile food vending permit, the contents of the permit application shall become permit conditions, which exist in addition to any other permit conditions and/or restrictions imposed by the city.

10.50.100 - Suspension or Revocation of a Mobile Food Vending Permit.

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A. If the Development Services Director, or designee, determines that there has been a violation of the permit or the mobile food truck regulations, he or she may provide the permit holder with a notice of intent to revoke permit.

B. The notice of intent to revoke shall describe the violation, require the permit holder to immediately correct the violation or cause the violation to be corrected, and shall be provided to the permit holder by personal service, mail, or posting, to the license holder’s place of business or mailed to the last known address.

C. If the permit holder fails to immediately (within 24 hours) correct the violation o r cause the violation to be corrected, the Development Services Director or designee may revoke the permit. The Mobile Food Truck vendor shall have the right to appeal the Director or designee’s decision in accordance with Section 17.24.170 (Revocation of Administrative Permits).

10.50.110 - Expiration of a Mobile Food Vending Permit.

Each mobile food vending permit shall expire one year from the date of issuance.

10.50.120 - Renewal of a Mobile Food Vending Permit.

A. A Mobile Food Vending permit may be renewed under the same process for issuance of new Mobile Food Vending Permits when the approval has expired after one year of issuance.

B. Renewal of a Mobile Food Vending Permit when the permit was suspended or revoked due to violations or other noncompliance actions will require the applicant to submit a Compliance Plan to the Development Services Director or designee. The Compliance Plan shall detail measures taken to comply with the requirements listed in Section

10.50.060 The Compliance Plan will be reviewed by the Development Services Director or designee and a written determination shall be given within thirty (30) days of a complete application submittal.

Section 17.02.020 amended. Section 17.02.020 “Definitions” is hereby amended to add the following definitions:

Long-Term Mobile Food Vending means operation of a mobile food truck within the Public Right-of-Way under the regulations for “Long-Term Operations” as outlined in Title 10 of this Municipal Code.

Private Property Mobile Food Vending means operation of a mobile food truck on developed private property under the regulations outlined in Title 10 of this Municipal Code.

Short-Term Mobile Food Vending means operation of a mobile food truck within the Public Right-of-Way under the regulations for “Short-Term Operations” as outlined in Title 10 of this Municipal Code.

Section 17.04.020, Table 17.04-1 amended. Section 17.04.020 “Residential zone land uses and permit requirements, Table 17.04-1 “Residential Land Uses and Permit Requirements” is amended as follows:

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a. Add the following lines:

Land Use RE R1 R2 R3 R4 R4-
20 PZ (16) OT-
M

OT-H RWF
Services, Public and
Semipublic Uses

Short-Term Mobile
Food Vending

APR APR APR APR APR APR APR APR APR APR
Long-Term Mobile
Food Vending

NP NP NP NP NP NP NP NP NP NP
Private Property
Mobile Food Vending

NP NP NP NP NP NP NP NP NP NP

1.5. Section 17.06.020 amended. Section 17.06.020(B) is amended to add the following:

“5. Short-Term Mobile Food Vending as regulated by Title 10 of this Municipal Code.”

1.6. Section 17.08.020, Table 17.08-1 amended. Section 17.08.020 “Commercial and Mixed Use Zone land uses and permit requirements”, Table 17.08-1 “Commercial and Mixed Use Zone Uses and Permit Requirements” is amended as follows:

a. Add the following lines:

Land Use CO GC NG Additional Use
Regulations
DMU NMU WG Additional
Use
Regulations
Vehicle Related Sales
and Services

Short-Term Mobile
Food Vending

APR APR APR APR APR APR
Long-Term Mobile
Food Vending

NP NP APR NP NP NP
Private Property
Mobile Food Vending

APR APR APR APR APR APR

1.7. Section 17.10.020, Table 17.10-1 amended. Section 17.10.020 “Industrial/manufacturing zone land uses and permit requirements”, Table 17.10 -1 “Industrial Zone Districts Land Use and Permit Requirements” is amended as follows:

Land Use M1-S IBP
Manufacturing, Processing and Service Uses
Short-Term Mobile Food Vending APR APR
Long-Term Mobile Food Vending APR APR
Private Property Mobile Food Vending APR APR

1.8. Section 17.12.020, Table 17.12-1 amended. Section 17.12.020 “Land uses and permit requirements for the Airport District”, Table 17.12-1 “Airport Zone Districts Land Use and Permit Requirements” is amended as follows:

Land Use A
Commercial Uses and Services
Short-Term Mobile Food Vending NP
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Long-Term Mobile Food Vending NP
Private Property Mobile Food Vending NP

1.9. Section 17.12.030, Table 17.12-2 amended. Section 17.12.030 “Land use and permit requirements for the Airport Support (AS) Zoning District”, Table 17.12 -2 “Airport Support Districts Land Use and Permit Requirements” is amended as follows:

Land Use AS
Retail Trade
Short-Term Mobile Food Vending APR
Long-Term Mobile Food Vending APR
Private Property Mobile Food Vending APR

1.10. Section 17.12.050, Table 17.12-3 amended. Section17.12.050 “Special purpose land use and permit requirements for open space, park and public facility”, Table 17.12 -3 “OpenSpace, Park and Public Facilities/Institutional Zone Districts Land Use and Permit Requirements” is amended as follows:

Land Use OS P PF
Retail Trade
Short-Term Mobile Food Vending APR APR APR
Long-Term Mobile Food Vending NP NP NP
Private Property Mobile Food Vending APR APR APR

SECTION 2. Severability. Should any provision, section, paragraph, sentence, or work of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by any 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 one time in the Free Lance, a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on the 5th day of June, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 1235 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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17.22.235 Mobile food.

A. Definitions. For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Mobile food catering cart shall mean a self-contained, non-motorized mobile food unit that is used for either the preparation, storage, or transportation of food products for sale, or any combination thereof.

Mobile food catering vehicle shall mean a self-contained, motorized mobile food service unit that is used for either the preparation, storage or transportation of food products, or any combination thereof.

Mobile food unit shall mean any mobile food facility or portable food service unit for which food is prepared for service, sale, or distribution at retail for profit.

Mobile food vending facility shall mean any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail for profit.

Mobile food vendor shall mean any person selling food from a mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit.

B. Permit Requirement. Mobile food uses shall be permitted in the North Gateway (NG) Zoning District, Light Industrial (M1) Zoning District, Industrial Business Park (IBP) Zoning District, Airport (A) Zoning District, and Airport Support (AS) Zoning District, subject to the provisions of this chapter with an Administrative Permit (AP) pursuant to Section 17.24.150 of the Hollister Municipal Code. An Administrative Permit (AP) shall be required for mobile food vendors operating over ten minutes at any one place to ensure that the mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit is in compliance with the following standards:

1. The area proposed for the use, shall be developed to current City development standards including, but not limited to, adequate paved parking, paved access routes, fencing, and landscaping standards.

2. A minimum of three standard on-site parking spaces and one designated Americans with Disabilities Act (ADA) parking space in conformance with City standards and ADA requirements shall be required in conjunction with the location of a business governed by this chapter on private property.

3. Adequate setbacks shall be provided as required by the zoning district where the mobile food vendor proposes to locate.

4. No person may conduct business as a mobile food vendor and no person may park or operate or sell, display or permit or authorize the sale, display or dispersal of any food, beverage or other product or item of merchandise within 20 feet of any driveway.

5. The mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit shall be kept in a good state of repair and shall be maintained with surfaces, which are clean and not cracked, peeling, or faded. The surfaces, which do not contain advertising display, shall be painted or otherwise covered in muted colors. Each mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit shall display in a manner legible and visible to its clientele:
a. The name, physical address and phone number of the vendor operating the vending facility. b. The City business license issued to the vending facility. c. The County health permit issued to the vending facility.

6. The exterior of a mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit, and the surrounding area, as relating to the operation of food service, shall be maintained in a sanitary condition.

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7. All trash or debris accumulating by reason of any mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit shall be collected by the vendor and deposited in a trash container. Trash and recycling receptacles shall be provided on the site for the use of customers. Trash removal and recycling shall either be arranged with the City or the mobile food vendor shall obtain written permission from the property owner to utilize trash and recycling receptacle(s) related to any other business on the same site.

8. The hours of operation of a mobile food vending facility shall be limited to the hours of operation of the fixed-base business on the fixed-base host site if applicable.

9. When not in use, the mobile vendor shall provide proper storage for the mobile food vending facility, mobile food catering cart, mobile food catering vehicle or mobile food unit and specify storage location at time of permit to operate application.

10. The pouring of grease, food waste, wash water, wastewater, or anything else down a storm drain is prohibited. Any spills must be cleaned up and disposed of immediately. A spill kit containing plastic bags, labels, a broom, and absorbent must be handy at all times. All spills must be reported to the city of Hollister Code Enforcement Department to ensure that the spills are properly cleaned.

11. All wash water used for cleaning must be held on board until it can be properly discharged at an approved facility sanitary sewer connection (e.g., sink, clean-out, mop sink).

12. No owner or operator of any mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit may place any chairs, stools, tables or other fixtures or furniture on any portion of the street, sidewalk or public right-of-way.

13. Open flame cooking is prohibited. The generation of smoke/odor pursuant to Section 8.32.060 "Nuisances" of the Hollister Municipal Code is prohibited.

14. Amplified music or other sounds in conjunction with a business governed by this chapter shall comply with the noise requirements in Title 8 of the Hollister Municipal Code.

C. Application Submittal. The mobile food vendor shall meet and comply with all applicable laws including, but not limited to, building, zoning, housing, fire, safety, and health regulations relating to health and safety requirements.

1. The mobile food vendor shall complete and submit a project application, in sufficient quantity for City department review, to include a site plan indicating the location of all existing buildings, structures, driveways, parking spaces, and improvements, and the location or areas where the proposed vending activity, structures, and improvements related to the mobile food vending, will be located upon the site.

2. Proof of current, valid City business license.

3. Proof of current vehicle registration and a copy of an applicable vehicle insurance policy.

4. Elevation plans showing different exterior views of the mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit (four photographs can substitute the elevation plans).

5. A copy of a current San Benito County environmental health permit.

6. Proof demonstrating acknowledgement and consent of the property owner to permit the mobile food vendor to operate on the site, signed by the property owner.

7. An affidavit from the business or location providing the required restroom facilities for food service workers and customers, stating the hours that those facilities are being made available. At all times during their operation, and prior to the issuance of any permit under this article, access to hand E.1.a
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washing and restroom facilities must be made available for use by all owners, operators and employees of the mobile food unit. Access to the hand washing and restroom facilities must be at all times within 200 feet of the mobile food unit and evidence of such access must be sufficiently demonstrated to the satisfaction of the City.

8. A description of the length of time during which it is proposed that the mobile food vending business shall be conducted.

9. A brief description of the nature, character, and quantity of the food, beverage, goods or merchandise to be sold.

10. If employed by another, the name and business address of the employing person, firm, association, organization, company or corporation.

11. Any other information the Director may require to show full compliance with this chapter and any other applicable laws of the City.

12. All signs used in conjunction with any mobile food vending facility shall comply with city codes.

D. The following may constitute grounds for denial of a permit to operate:

1. The mobile food vending operations or activity as proposed by the applicant does not comply with all applicable laws including, but not limited to, the applicable building, zoning, housing, fire, safety, and health regulations.

2. Failure to obtain clearance from San Benito County Environmental Health Department.

E. Permit Revocation. Any license issued under this chapter may be suspended or revoked for any of the following reasons:

1. Fraud or misrepresentation of the application for the license.

2. Conducting the business of vending, contrary to the conditions of the license.

3. Conducting the business of vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare.

4. Vending of alcoholic beverages, controlled substances or any other item, the possession or use of which is deemed illegal under any federal, state or local law or regulation, is prohibited and, notwithstanding any provision of this article to the contrary, grounds for immediate revocation of such person's vendor permit by the City.

5. On suspension or revocation, the City shall deliver written notice to the license holder stating the action taken and the reason supporting such action. The written notice shall be delivered to the license holder's place of business or mailed to the license holder's last known address.

6. The Director shall reserve the right to revoke any permit authorized by this section if the Director determines that the mobile food vending facility, mobile food catering cart, mobile food catering vehicle, or mobile food unit is in violation of any of the provisions of this section. The mobile food vendor shall have the right to appeal the Director's decision in accordance with the provisions of Section 17.24.170 (Revocation of Administrative Permits). (Ord. 1100, § 1, 2014)

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Mobile Food Trucks
ZOA 2023-5

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SUBJECT: Zoning Ordinance Amendment 2023-5 to 1) Repeal section 17.22.235, Mobile Food and amend Chapter 10.24, Stopping, Standing, and Parking in Specific Streets and Area to add subsection 10.24.060 Mobile Food Trucks, 2) Amend Land Use Tables for multiple zonings to include Mobile Food Trucks, and 3) Amend Chapter 8.20.020 Definitions to include definitions associated with Mobile Food Trucks of the City of Hollister Municipal Code.

STAFF PLANNER: Magda Gonzalez, Senior Planner; (925) 789-7160

ATTACHMENTS: 1. Resolution recommending City Council approve Zoning Ordinance Amendment 2023-5 to repeal Chapter 17.22.235, Mobile Food and amend Chapter 10.24 Stopping, Standing, and Parking in Specific Streets and Area and add subsection 10.24.060 Mobile Food Trucks; amend multiple land use zonings tables to include Mobile Food Trucks as a use; and amend Chapter 8.20.020 Definitions to include terminology associated with Mobile Food Trucks.

2. Exhibit A: Existing Section 17.22.235 (Mobile Food)

3. Exhibit B: Proposed Ordinance (New 10.24.060 Mobile Food Trucks)

3. Exhibit C: Amendment to Definitions and Land Use Tables (Amending

8.20.020 Definitions)

RECOMMENDATION: Approve Resolution 1) Repealing section 17.22.235, Mobile Food and Amending Chapter 10.24 Stopping, Standing, and Parking in Specific Streets and Area to add subsection 10.24.060 Mobile Food Trucks, 2) Amending multiple land use tables to include Mobile Food Trucks, and 3) Amending Chapter 8.20.020 Definitions to include terminology related to Mobile Food Trucks.

PROJECT DESCRIPTION:

The City of Hollister proposes to repeal Section 17.22.235, Mobile Food, which is limiting in the uses allowed and is amending Chapter 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks. The current Mobile Food section has proven to be outdated in its limited zonings where mobile food is permitted. The City has experienced an influx of mobile food vendors wishing to operate within the City’s jurisdiction, thus contribute to the local

Planning Commission
Staff Report
April 27, 2023
Item 4
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economy. In an effort to effectively and efficiently regulate mobile food vending the City has drafted the Mobile Food Truck ordinance which will regulate these mobile food vending vehicles with specific requirements to protect the safety, health, and welfare of the community.

City of Hollister vicinity map is included below as Figure A.

BACKGROUND:

The City of Hollister has seen an influx of mobile food trucks wishing to operate within City limits. The City of Hollister has found, that although the current zoning ordinance allows mobile food vendors to operate within its jurisdiction, it does severely limit where mobile food vendors can operate.

As a result, staff has requested input from other divisions to help develop the City’s mobile food truck ordinance. Additionally, staff has reviewed a number of food truck ordinances from cities and towns across the State of California, and studied the food truck issue as it is being handled in those jurisdictions.

Staff has drafted an ordinance based on several provisions adopted by other cities and towns. With appropriate regulation, Mobile Food Trucks Vendors can provide additional food choices for Hollister residents and visitors.

ANALYSIS:

The City has determined that the current Mobile Food regulations no longer meet the needs of the City’s residents, as such the City has deemed the regulation of Mobile Food Trucks is necessary in order to protect the health, safety, and welfare of the public, as well as to promote the public interest by regulating the areas and methods of operation. To meet these ends, the City determined that all persons and/or entities that desire to vend from mobile food trucks within the City must be issued a permit pursuant to E.1.b
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the requirements set forth by the City.

The new ordinance will provide opportunities for employment and entrepreneurship. Mobile food vendors can make a significant contribution to the local economy. Consumers desire foods produced by mobile food vendors and want the flexibility to grab a quick bite on the way to or from work, as well as having various food options, especially when local restaurants close at early hours of the day.

Providing regulations will ensure public safety, health and will protect public welfare. Regulated mobile food vending contributes to a safe and dynamic public space. Aside from updated regulations, the Mobile Food Truck ordinance will provide additional zoning districts and will no longer be limited to a small number of zonings.

As prescribed in the City of Hollister Municipal Code Chapter 2.20.060 the Planning Commission has the authority to repeal Chapter 17.22.235 Mobile Food, a zoning issue. The Planning Commission repealing the Chapter 17.22.235 will allow the City to amend Chapter 10.24 to include Mobile Food Trucks to be regulated in a more appropriate chapter of the development code. City Council will review permit requirements, regulations and limitations on operations of the proposed ordinance. The fee associated with this application will be determined under the City’s current fee study.

FINDINGS:

Pursuant to Chapter 17.02.120(D) Approval Criteria Zoning Map and Code Text Amendment, the following findings must be made by the Planning Commission in its recommendation to the City Council to approve Municipal Code Amendments.

1. Findings required for all Zoning Map/ordinance amendments:
a. The proposed amendment is consistent with the General Plan; and The proposed ordinance amending the Municipal Code is consistent with other applicable provisions of the Municipal Code. The proposed ordinance identifies the Zoning Districts for the allowed use and regulates the establishment and operation of mobile food vending on the public right-of-way and developed private property.
b. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare.

The proposed ordinance is designed specifically to enhance the public interest, health, safety, convenience and welfare of the City to effectively regulate and mitigate the operations of mobile food vending.
c. The public necessity, general community welfare, and good zoning practice shall be served and furthered; and that the proposed amendment is in general conformance with the principles, policies and land use designations set forth in the General Plan and any adopted area or specific plan.

The proposed ordinance amending the Municipal Code is consistent with the General Plan because it supports land use goals and policies designed to require compatibility with existing uses and planned uses. Specifically, the proposed amendment includes regulations for mobile food operations within the public right-of-way and developed private property. The proposed amendment is also consistent with policies designed to reinforce community identity and will allow the City to properly regulate the establishment and operation of mobile food activities as delineated in proposed Chapter

10.24.060 Mobile Food Trucks of the Municipal Code.

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ENVIRONMENTAL DETERMINATION:

The Municipal Code amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment, and it can be determined with certainty that the Municipal Code Amendment will not have a significant effect on the environment.

CONCLUSION:

The proposed repeal of section 17.22.235 Mobile Food and amendment to add subsection 10.24.060 Mobile Food Trucks will better serve the City in properly addressing the community’s needs as it relates to mobile food vending. It provides a roadmap for vendors and City agencies when navigating requests for this use, commonly seen throughout the state. Approval of this Zoning Amendment will further the goals of the General Plan and is consistent with community needs.

RECOMMENDATION:

That the Planning Commission recommend that the City Council take the following actions.

1. Adopt a resolution recommending that the City Council approve an ordinance (to repeal 17.22.235, Mobile Food, and amend 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks, amend multiple land use tables and definitions to include Mobile Food Trucks and terminology as it relates to this use), with findings contained in the draft resolution.

2. Adopt a resolution recommending that the City Council approve an ordinance (to repeal 17.22.235, Mobile Food, and amend 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks, amend multiple land use tables and definitions to include Mobile Food Trucks and terminology as it relates to this use), with findings or changes as proposed by the Planning Commission.

3. Adopt a resolution recommending that the City Council deny an ordinance (to repeal 17.22.235, Mobile Food, and amend 10.24 Stopping, Standing and Parking in Specific Streets and Areas to include subsection 10.24.060 Mobile Food Trucks, amend multiple land use tables and definitions to include Mobile Food Trucks and terminology as it relates to this use) with findings as proposed by the Planning Commission.

4. Continue and get clarification.

Staff recommends option 1, recommendation for City Council approval of the ordinance with findings.

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Proposed Addition to Land Use Tables

Land Use Zoning Short-Term
Operations within
R-O-W
Long-Term Operations
within R-O-W
Developed Private
Property Operations
Residential Zoning
Districts
APR
Home Office Zoning APR
Commercial Zoning APR APR APR
Industrial/Manufacturing
Zones

APR APR
Mixed Use Zoning District APR APR APR
West Gateway Zoning
District

North Gateway District APR
Downtown Mixed-Use
District

APR = Administrative Permit Review. Reviewed by Development Review Committee for compliance with standards for use and decision to approve or deny by Development Services Department without a public hearing.

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PLANNING COMMISSION RESOLUTION NO. 2023-15

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING

CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL SECTION

17.22.235, MOBILE FOOD AND AMEND CHAPTER 10.24, STOPPING, STANDING, AND PARKING IN SPECIFIC STREETS AND AREA, TO ADD 10.24.060, MOBILE FOOD TRUCKS (ZOA 2023-5)

WHEREAS, the City occasionally initiates an amendment to the Zoning Ordinance in order to codify requirements pursuant to State Law; and

WHEREAS, State Law allows a local agency to adopt an Ordinance to implement the provisions of Government Code 65852.2 and 65852.22; and

WHEREAS, the City desires to repeal the existing Section 17.22.235, Mobile Food, which is outdated in regard to community needs and add a subsection 10.24.060 Mobile Food Trucks to Chapter 10.24, Stopping, Standing, and Parking in Specific Streets and Area; and

WHEREAS, the Planning Commission held a duly noticed public hearing on April 27, 2023 to review the repeal of Chapter 17.22.235, the modification of land use tables and addition of terminology to Chapter 8.20.020, Definitions, during which all interested parties were heard; and

WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending approval of a Zoning Ordinance Amendment to repeal 17.22.235, Mobile Food, and add Chapter 10.24.060, Mobile Food Trucks; and

WHEREAS, the draft Chapter 10.24.060, Mobile Food Trucks, is included as Exhibit A to this Resolution; and

WHEREAS, the draft terminology additions to Chapter 8.20.020, Definitions, is included as Exhibit B to this Resolution; and

WHEREAS, the proposed Zoning Ordinance amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines, 14 California Code of Regulations, Section 15060, subdivision (c)(2) (the activity will not result in a reasonably foreseeable direct or indirect physical change in the environment) and Section 15061, subdivision(b)(3) (there is no possibility the activity in question may have a significant effect on the environment); and

NOW THEREFORE IT IS RESOLVED, that the Planning Commission of the City of Hollister does hereby recommend that the City Council approve the amendment to the Zoning Ordinance to repeal Section 17.22.235, Mobile Food and include Chapter 10.24.060, Mobile Food Trucks, included as Exhibit A.

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PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 27th day of April 2023, by the following vote:

AYES: Huboi, Henderson, Corona, Lenoir
NOES: None
ABSTAINED: None
ABSENT: Belong

Chairperson of the Planning Commission
of the City of Hollister
ATTEST:

Christine Hopper, Secretary

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Exhibit A

10.24.060 – Regulation of Mobile Food Trucks.

A. Purpose and Findings:

The purpose of this chapter is to protect the health, safety, and welfare of the Hollister community by providing a set of regulations related to the operation of mobile food truck vendors, on public or developed private property within the City. Unless specifically exempted by this chapter, mobile food trucks shall only be allowed within the City Hollister in conjunction with an approved mobile food truck permit pursuant to the requirements set herein.

A Mobile Food Truck special event requires a temporary use permit not regulated by this chapter.

Findings:

This safety risk seems to increase around schools while children, and their parents, are coming and going from the site.

B. Definitions:

1. Beverage. A liquid for drinking that does not contain alcohol.

2. Block. A segment of a street between adjacent intersections or between an intersection and the terminus of the street or City boundary.

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3. Food or foodstuff. Any substance as defined by Section 113781 of the California Health and Safety Code, defined as a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in while or in part for human consumption, and chewing gum.

4. Mobile Food Trucks (MFT):
a. Means any motorized vehicle designed primarily for dispensing food provisions. For purposes herein, the terms “mobile food truck” and “food truck” shall include any trailer designed primarily for dispensing food provisions but only if attached to a motor vehicle at all times during which the food provisions are dispensed. “Food truck” shall not include any other trailer or any wagon or pushcart, either propelled or drawn by motorized or other force, or any other vehicle incidentally used for dispensing any type of food provisions. b. Means any vehicle or trailer as those terms are defined in the California Vehicle Code, which is equipped or used for retail sales of prepared unpackaged food or foodstuffs of any kind.

Food vending vehicle as used in this title does not refer to, nor include, ice cream trucks, catering trucks selling prepackaged food, or vehicles used for delivering previously ordered food from any store or restaurant to another place of business or residence. c. Means a licensed and operable motor vehicle used to serve, vend, or provide food or nonalcoholic beverages for human consumption from a fixed location or along a route in a public place as authorized by Health and Human Services —San Benito County. d. Means a licensed, motorized vehicle, including any legally attached trailer, used in conjunction with the service of a commissary, or other permanent food facility upon which prepackaged or approved non-prepackaged food is sold, offered for sale or otherwise distributed as retail.

5. Mobile Food Truck Vendor. A mobile food truck vendor is involved in the sale of prepared, unprepared, prepackaged, or unpackaged food of any kind on private or public property including streets, sidewalks, roadways, highways, and parkways.

6. Notarized Parking Authorization. A notarized and typed or handwritten (legible) document signed by mobile food vendor and developed private property owner or legal representative indicating the vendor may utilize parking spaces within the development.

7. Operate. To “operate” or “operation” shall mean all activities associated with the conduct of business, including but not limited to, set up, take down, and actual hours where the mobile food truck is open for business.

8. Private Property. A legal designation for the ownership of property by non-governmental legal entities.

9. Right-of-way. A path or route that may lawfully be used. The legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

C. Applicability:

Application for Mobile Food Truck permit shall be filed with the Planning Division on a form prescribed by the Development Services Director (Director) and shall contain such information and reports as may be E.1.c
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required by the application submittal package or by other applicable ordinances or by the Director or designee in order to review and take action on the application. A Mobile Food Truck vendor may apply for one or more of the allowed permits: short-term operations within public right-of-way, long-term operations within public right-of-way, or developed private property operations.

D. Rules and Regulations by permit type:

1. Short-term Operations within the Public Right-of-Way:
a. Permitted Zonings: Residential Zoning Districts, Home Office Zoning District, Mixed-use Zoning Districts, and Commercial Zoning Districts. The following restrictions apply to operations in Residential Zoning Districts.
i. Mobile Food Truck shall not park in front of a residence. ii. Mobile Food Truck shall maintain 50 feet from a single-family residence, measuring from property line to mobile food truck.
b. Prohibited areas:
i. 4TH Street between Westside Boulevard and Monterey Street. ii. South Street
c. Hours of Operation: Up to one (1) hour at one (1) location. Four (4) hours must pass to be allowed to return to a previous location. When moving from one location to another, vending must occur at another location at least one (1) block away. i. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.
ii. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

2. Long-Term Operations within the Public Right-of-Way:
a. Permitted Zonings: North Gateway Commercial Zoning District, Mixed-use Zoning District, and Industrial/Manufacturing Zones.
b. Mobile Food trucks may operate within the parking lot of a public park when the following requirements are met.
i. The location allows safe vehicle queueing within the public right-of-way. ii. Approval has been obtained to locate mobile food truck inside the park. c. Prohibited areas:
i. 4TH Street between Westside Boulevard and Monterey Street. ii. South Street
d. Hours of Operation: For one (1) hour or longer. For a maximum of four (4) hours. i. Residential zonings: Mobile food vendors may operate between the hours of 8:00 a.m. to 6:00 p.m.

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ii. All other zonings: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.

3. Developed Private Property Operations:
a. Permitted Zonings: Industrial/Manufacturing Zones, Mixed-use Zoning Districts, and/or Commercial Zoning Districts, on a legally developed site with an established use and parking.
b. Prohibited Areas: Residential Zoning Districts
c. Hours of Operation: May operate only from the developed private property location approved in the permit.
i. All other zonings, excluding residential: Mobile food vendors may operate between the hours of 6:00 a.m. to 12:00 a.m.; or
ii. Mobile food vendors hours of operation may run concurrently with those of the established business on which the mobile food truck will be located.; or iii. Mobile food vendors may propose an alternative hours of operation schedule in which the vendor and developed private property owner or legal representative have agreed upon, not to exceed the hours of 6:00 a.m. to 12:00 a.m.

E. Mobile Food Truck Permit Requirements, Licenses, and Process:

1. Process:
a. Upon receipt of a completed Mobile Food Truck Permit application, mobile food truck site plan, and all related documents and fees, the department shall consult with all applicable city departments, including police, fire, engineering, and code enforcement. b. Planning Division staff will review the application submittal to determine completeness. i. If application submittal is deemed complete it will be reviewed for approval or denial. ii. If application submittal is deemed incomplete, applicant will be granted 30 days to submit all necessary information. If applicant fails to submit the required information within 30 days, the application will be withdrawn without prejudice.

2. Requirements by application type:
a. Short-Term Operations within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information. 1) Completed Mobile Food Truck Permit Application with Site Plan, and 2) Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and 3) Business Tax Certificate and License from the City, and 4) Environmental Health Permit issued by the San Benito County Health and Human Services Department, and
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5) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck (MFT), and
6) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.
b. Long-Term Operations within Public Right-of-Way: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed truck. The applicant must show or provide, at a minimum, the following information:
1) Completed Mobile Food Truck Permit Application with Site Plan, and 2) Authorization for use of Restroom Facilities, and
3) Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and 4) Business Tax Certificate and License from the City, and 5) Environmental Health Permit issued by the San Benito County Health and Human Services Department, and
6) Fees shall be paid to the affected department(s) at least 30 days before the scheduled occurrence of the Mobile Food Truck (MFT), and
7) Bonding, and Insurance naming the City as an additional named insured. The City may require a bond to be posted before the MFT to ensure that all conditions are met, including cleanup.
c. Developed Private Property Operations: The applicant shall supply a site plan and other information that the department may reasonably require based upon the location, intensity, and level of services required for each proposed food truck. The applicant must show or provide, at a minimum, the following information:
1) Completed Mobile Food Truck Permit Application with Site Plan, and 2) Authorization for use of Restroom Facilities Form, and 3) Notarized Parking Authorization Form, and
4) Compliance with State and local laws, by submitting the following:
i. Copy of California Sales Tax Permit, and
ii. Copy of Local Tax Allocation for Temporary Sales Form, and 5) Business Tax Certificate and License from the City, and 6) Environmental Health Permit issued by the San Benito County Health and Human Services Department.

F. Mobile Food Truck Permit Operational Standards:

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and regulations. The failure to do so may result in the revocation or suspension of the food truck vendor permit.

The following exceptions apply:
a. All food truck vendors shall be required to obtain a separate permit, i.e. a temporary use permit, for any Food Truck Special Events.
b. Any City of Hollister-sponsored event where the vendor of each food truck are operating pursuant to a valid contract with the City; or
c. Any event sponsored by the Public School District and held entirely on school property.

1) Mobile food vending shall only be allowed on legally established parallel parking. Vending from diagonal parking spaces is prohibited.
2) Sales from Mobile Food Trucks parked along streets shall only occur out of the portion of the Mobile Food Truck that faces the sidewalk, or that portion opposite moving traffic. 3) Mobile food trucks shall be removed at the end of business and/or when not in operation, this includes mobile food trucks permitted to operate on developed private property. No food truck shall be left unattended overnight or parked overnight in any public right-of-way. 4) All food preparation, cooking, and storage shall occur inside the permitted vehicle and/or at an approved commissary off site. No food shall be prepared, sold, or displayed outside of the food truck vehicle.
5) Mobile food trucks shall display in a conspicuous place a valid permit to operate a Mobile Food Truck issued by the San Benito County Health and Human Services Department. 6) Mobile food trucks shall, at all times, display the Mobile Food Truck permit issued by the Development Services Department. Permit shall be placed in an obvious location clearly visible to the public.
7) Mobile food trucks shall procure a business tax certificate and license from the City before operating within city limits. Business tax certificate and license shall be displayed in a visible place. 8) Mobile Food Trucks must be brought to a complete stop and be lawfully parked according to the provisions of this Code prior to initiating food sale operations. 9) The sale of non-food items, or the performance of professional and/or personal services, shall not be provided from a food truck.
10) Only the sale of food, foodstuff, and beverages are permitted. 11) Mobile Food Truck Vendor shall be responsible for managing customer queuing and for ensuring that safe pedestrian accessibility is maintained.
12) Food trucks shall be maintained in a clean and presentable condition at all times, free from graffiti, body damage, or obvious signs of deterioration (e.g., peeling paint, rust, etc.). 13) All grounds used by a food truck vendor shall be maintained clean at all times. Any trash or spills of food by-products shall be immediately cleaned.
14) Grease and liquid waste shall not be disposed in tree wells, storm drains, sanitary sewer systems, public streets or any other unapproved location.

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15) Trash and recycling containers shall be provided by the food truck vendor for use by the patrons.

All containers and their contents shall be removed from the site at the conclusion of business activities. No refuse or waste generated shall be disposed in any public trash receptable. 16) No food truck shall be allowed to install any physical addition to the food truck unit. The truck itself should function as a large-scale sign. No signage other than what is exhibited on the truck bodywork or inside the mobile food truck may be displayed.

G. Restrictions for sales around Children and Schools:

H. Exceptions:

Any Mobile Food Truck who has not been granted a permit to operate at a special event must remain at least 500 feet away from the boundary of the special event for the duration of the event.

I. Approval and Issuance of a Mobile Food Truck Permit:

1. The Development Services Director, or designee, shall approve and issue a mobile food truck permit if:
a. The required permit fees have been paid.
b. No violation, as that term is defined in Section 10.04.150 – Violations – Civil penalties, are pending for the food truck vendor or the subject property where the food truck intends to locate.
c. The Mobile Food Truck vendor agrees to comply with the regulations in this chapter.

2. A permit is effective upon approval by the Development Services Director, or designee.

3. If the city issues a mobile food truck permit, the contents of the permit application shall become permit conditions, which exist in addition to any other permit conditions and/or restrictions imposed by the city.

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J. Suspension or Revocation of a Mobile Food Truck Permit:

1. If the Development Services Director, or designee, determines that there has been a violation of the permit or the mobile food truck regulations, he or she may provide the permit holder with a notice of intent to revoke permit.

2. The notice of intent to revoke shall describe the violation, require the permit holder to immediately correct the violation or cause the violation to be corrected, and shall be provided to the permit holder by personal service, mail, or posting, to the license holder’s place of business or mailed to the last known address.

3. If the permit holder fails to immediately (within 24 hours) correct the violation or cause the violation to be corrected, the Development Services Director or designee may revoke the permit.

The Mobile Food Truck vendor shall have the right to appeal the Director or designee’s decision in accordance with Section 17.24.170 (Revocation of Administrative Permits).

K. Expiration of a Mobile Food Truck Permit:

Each mobile food truck permit shall expire one year from the date of issuance.

L. Renewal of a Mobile Food Truck Permit:

1. A Mobile Food Truck Permit may be renewed under the same process for issuance of new Mobile Food Truck Permits when the approval has expired after one year of issuance.

2. Renewal of a Mobile Food Truck Permit when the permit was suspended or revoked due to violations or other noncompliance actions will require the applicant to submit a Compliance Plan to the Development Services Director or designee. The Compliance Plan shall detail measures taken to comply with the requirements listed in Section 10.24.060 The Compliance Plan will be reviewed by the Development Services Director or designee and a written determination shall be given within thirty (30) days of a complete application submittal.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 17, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-107, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING THE FINDING THAT PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY THE ISSUANCE OF A TYPE-21 OFF-SALE GENERAL

ALCOHOLIC BEVERAGE CONTROL LICENSE TO AUTHORIZE THE SALE OF BEER,

WINE, AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AT THE EXISTING HOLLISTER SUPER GROCERY STORE LOCATED AT 1280 FOURTH STREET (ASSESSOR’S PARCEL NUMBER 052-090-051)

BRIEF DESCRIPTION: The City Council will consider whether Public Convenience or Necessity will be served by the issuance of a Type-21 Off-Sale General License by the California Department of Alcoholic Beverage Control (ABC) to Hollister Super, Inc. for the sale of beer, wine, and distilled spirits and the retail store located at 1280 Fourth Street. This finding is required to be made by the City and provided to ABC prior to issuance of the Type 21 Off-Sale General License. The Type-21 ABC license is required by the related Conditional Use Permit 2022-6 to allow for off-site alcohol sales at the existing Hollister Super grocery store located at 1280 Fourth Street.

RECOMMENDATION: Adopt a resolution approving the finding that Public Convenience or Necessity will be served by the issuance of a Type-21 Off-Sale General ABC License to Hollister Super for the existing grocery store at 1280 Fourth Street.

DEPARTMENT SUMMARY: The California Department of Alcoholic Beverage Control (ABC) regulates the manufacturing and sale of alcoholic beverages. In addition to the City of Hollister requirement for a Conditional Use Permit for off-site alcohol sales, a license from ABC is also required for alcohol sales in the State of California. Currently, Hollister Super is permitted to sell wine and beer at their retail store location at 1280 Fourth Street under a Type 20 Off-Sale Beer & Wine License from ABC. Along with their application for a Conditional Use Permit from the City of Hollister, Hollister Super is seeking to surrender their existing active Type 20 Off -Sale Beer & Wine License and apply for a Type 21 Off-Sale General License through ABC. This change in ABC permit type would allow for the sale of distilled spirits in addition to beer and wine, for consumption off the premises where sold.

In their review of the application for a Type 21 Off-Sale General License for Hollister Super, ABC has issued a Type 245 Form, requiring that the City Council make a finding of Public Convenience or Necessity (PCN) prior to issuance of the required ABC License. PCN findings are required when ABC finds that there is an over concentration of alcoh ol outlets within the subject area.

“Over concentration” can refer to a case where the subject property is located in a high crime reporting district, and/or a case where the subject property is in a census tract where the number of off-sale licenses exceeds a number established by ABC. This number is calculated based on the ratio of off-sale licenses to population in the census tract, as compared to the ratio of off-sale licenses to population in the County where that census tract is situated.

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crime reporting district. However, the census tract where Hollister Super is located is over concentrated with licenses, as defined by ABC. In census tract 3.00, which includes the property where Hollister Super is located, ABC has authorized up to three (3) Off-Sale licenses without PCN findings. There are currently twelve (12) Off-Sale licenses existing in Census Tract 3.00. The number of authorized ABC licenses per census tract is determined based on the ratio of licenses to population in the census tract, as compared to the ratio of licenses for the entire county. Any number of licenses that exceeds this ratio is considered an overconcentration by ABC, triggering the requirement for a PCN finding. ABC requires that the Local Governing Body make a determination that either public convenience or determination would be served by the issuance of the Type 21 Off-Sale General license for over-concentrated census tracts. In the City of Hollister, the Local Governing Body is the City Council.

FINANCIAL IMPACT: $0.

CEQA: The proposed project does not include any construction or expansion of the existing Hollister Super grocery store building. Section 15301, Class 1, Categorically Exempts projects from further review under CEQA for Existing Facilities, with the key consideration being whether the project involves negligible or no expansion of use. Given that this project proposes a negligible expansion of use to change an existing ABC License from Type 20 (Off-Sale Beer & Wine) to a Type 21 (Off-Sale General) and proposes no construction or physical expansion of the structure, no further CEQA review is required.

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. 2023-107

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

FINDING THAT PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY THE ISSUANCE OF A TYPE-21 OFF-SALE GENERAL ALCOHOLIC BEVERAGE CONTROL

LICENSE TO AUTHORIZE THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR

OFF-SITE CONSUMPTION AT THE EXISTING HOLLISTER SUPER GROCERY STORE LOCATED AT 1280 FOURTH STREET (ASSESSOR’S PARCEL NUMBER 052-090-051)

WHEREAS, the Applicant, Hollister Super, Inc., has applied for a Type 21 Off-Sale General License with the California Department of Alcoholic Beverage Control (ABC) to authorize the sale of beer, wine, and distilled spirits for off-site consumption at 1280 Fourth Street; and

WHEREAS, it has been determined by ABC staff, and verified by the City of Hollister Police Department, that the premises are not located in a high crime reporting district; and

WHEREAS, it has been determined by ABC staff that there is an “undue concertation” in relation to the number of alcohol related licenses that currently exist in the area of the City (Census Tract 3.00.’); and

WHEREAS, as a result of the undue concentration, California Code Section 23958.4 requires that “the local governing body of the area in which the applicant premises are located, or its designated subordinate office or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issua nce”; and

WHEREAS, at a duly noticed public hearing at a regular meeting of the City of Hollister Planning Commission held on April 27, 2023, the Planning Commission voted unanimously to approve Planning Commission Resolution 2023-12 recommending that the City Council make the determination that Public Convenience or Necessity would be served by the issuance of a Type 21 Off-Sale General Alcoholic Beverage Control License at 1280 Fourth Street; and

WHEREAS, the City Council is the City’s governing body and has the ability to make a determination of Public Convenience or Necessity;

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister that Public Convenience would be served by the issuance of a Type-21 Off-Sale General ABC License for Hollister Super, Inc. at 1280 Fourth Street based on the following finding.

1. Finding: The existing Hollister Super grocery store located at 1280 Fourth Street is consistent with the City of Hollister’s General Plan and Zoning Ordinance as it pertains to the use. Hollister Super is a popular retail destination where customers can purchase groceries and other household items. Allowing sales of beer, wine, and distilled spirits at this location would provide a public convenience for customers looking to purchase these goods, and the City of Hollister has reviewed this proposed project and determined it will not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-107, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 17, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-108, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING CONDITIONAL USE PERMIT 2022-6 TO ALLOW

FOR THE OFF-SITE SALES OF ALCOHOLIC BEVERAGES AT THE EXISTING HOLLISTER SUPER GROCERY STORE LOCATED AT 1280 FOURTH STREET (APN 052-090-051)

BRIEF DESCRIPTION: The City Council will consider approval of Conditional Use Permit 2022- 6 to allow for the off-site sales of beer, wine, and distilled spirits at the existing Hollister Super store located at 1280 Fourth Street. Sale of alcoholic beverages is further regulated by the California Department of Alcoholic Beverage Control (ABC). In addition to the Conditional Use Permit approval by the City of Hollister, Hollister Super, Inc. will need to obtain a Type 21 Off- Sale General License from ABC in order to proceed with alcohol sales at their store location at 1280 Fourth Street.

RECOMMENDATION: Adopt a resolution approving Conditional Use Permit 2022-6 to allow for the off-site sales of alcoholic beverages at the existing Hollister Super grocery store located at 1280 Fourth Street.

DEPARTMENT SUMMARY: The Applicant, Hollister Super, Inc. is requesting a Conditional Use Permit (CUP) to allow for the sale of beer, wine, and distilled spirits at the existing Hollister Super grocery store located at 1280 Fourth Street (APN 052-090-051). This parcel has a General Plan Land Use Designation of West Gateway Mixed Use and is located in the West Gateway (WG) Zoning District.

Per Hollister Municipal Code (HMC) Section 17.22.070 Alcohol Uses, the off-site and on-site sale of alcohol is a permitted use, subject to issuance of a Conditional Use Permit (CUP). An exception to this code states that the requirement for a CUP for alcohol sales does not apply to restaurants with kitchen facilities that offer on-site dining, and a bar area that does not exceed 30 percent of the gross floor area of the premises. Hollister Super does not meet this exception, thus requiring a CUP to authorize alcohol sales.

Typically, CUPs are approved or denied by the City of Hollister Planning Commission. The CUP is tied to issuance of a license from the California Department of Alcoholic Beverage Control (ABC). For this permit, ABC also requires a finding of Public Convenience or Necessity (PCN).

In this case, since the Conditional Use Permit for off-site alcohol sales is tied to the PCN determination, the role of the Planning Commission is to offer a recommendation on to the City Council on the project as a whole, and the CUP is to be approved or denied by the City Council, along with the Finding of Public Convenience or Necessity.

Currently, Hollister Super is permitted to sell wine and beer under a Type 20 Off -Sale Beer & Wine License from ABC. With their Conditional Use Permit application, Hollister Super is seeking to surrender their existing active Type 20 Off-Sale Beer & Wine License, and apply for a Type 21 Off-Sale General License, which allows for the sale of distilled spirits in addition to beer E.3
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and wine, for consumption off the premises where sold.

This item was heard for recommendation by the Planning Commission at a duly noticed public hearing held on April 27, 2023. At this meeting, a petition was provided by Mr. Hang Yoo, who also provided public comment during the meeting opposing the issuance of CUP 2022-6. Mr. Yoo’s business, Westside Liquors, is located at 1272 Fourth Street in the City of Hollister. A copy of the petition provided by Mr. Yoo is included as an attachment to this report. Public comment was also provided in support of the issuance of CUP 2022-6 by Chang So, the project applicant and owner of Hollister Super. Following public comment at this duly noticed public hearing held at the regular Planning Commission Meeting on April 27, 2023, the Planning Commission voted unanimously to recommend that the City Council approve CUP 2022-6 and make the finding that public convenience would be served by the off-site sales of beer, wine, and distilled spirits at the existing Hollister Super grocery store at 1280 Fourth Street.

The City of Hollister 2005-2023 General Plan designates the project site as West Gateway Mixed Use. Per the 2005-2023 General Plan, “Mixed-use areas will provide useful retail destinations within walking distance from many of Hollister’s residential areas”.

Land Use and Design Element Policy LU10.3 is to “provide for economic development that assures the availability and diversity of resident-serving goods and services”.

Land Use and Design Element Policy LU5.5 is to “retain existing small businesses and attract new ones”.

The existing Hollister Super is a popular full service local grocery store. The location at 1280 Fourth Street offers nearby residents a convenient location to shop for groceries and other household items. Hollister Super, Inc. operates a business that is consistent with the West Gateway land use designation, as the local grocery location is conveniently accessible, and is within walking distance for many residents of the surrounding neighborhood. The proposed Conditional Use Permit to allow for off-sale general alcohol sales at the existing Hollister Super grocery store is consistent with the existing use, and will allow for residents to conveniently access a larger variety of products in at this retail area, consistent with Policy LU10.3.

Hollister Super is an IGA (Independent Grocers Alliance) franchise, owned by Hollister Super, Inc.

In addition to the 1280 Fourth Street Location, Hollister Super, Inc. also operates a second location at 211 Third Street in Hollister, CA, as well as the Windmill Market in San Juan Bautista, CA.

Hollister Super is a local small business that has served the community for nearly 40 years. The proposed Conditional Use Permit would provide an opportunity for Hollister Super to expand their retail selection to include distilled spirits in addition to wine and beer, benefiting this small business, consistent with Policy LU 5.5.

In conclusion, the CUP to allow for beer, wine, and distilled spirits at the existing Hollister Super grocery store would not change the existing site plan or building façade, and would allow for the expansion of alcohol sales from the currently permitted sale of beer and wine to also include distilled spirits. This proposal meets the Goals and Policies of the General Plan and the Zoning Ordinance. Conditions of Approval have been included to ensure that the project will continue to comply with all City of Hollister regulations and will not negatively impact the surrounding area.

FINANCIAL IMPACT: $0

CEQA: The proposed project does not include any construction or expansion of the existing Hollister Super store building. Section 15301, Class 1, Categorically Exempts projects from further review under CEQA for Existing Facilities, with the key consideration being whether the project involves negligible or no expansion of use. Given that this project proposes a negligible expansion E.3
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of use to change an existing ABC License from Type 20 (Off-Sale Beer & Wine) to a Type 21 (Off- Sale General), and proposes no construction or physical expansion of the structure, no further CEQA review is required.

ATTACHMENTS:

1. 1. Planning Commission 4.27.2022 Staff Report_CUP 2022-6_Hollister Super

2. 2. PC Resolution 2023-11_CUP2022-6_Hollister Super

3. 3.PC Resolution 2023-12_CUP 2022-6_Hollister Super_PCN

4. 4. Police Dept. Memo RE PCN for CUP 2022-6

5. 5. ABC 245 Form CUP 2022-6

6. 6. Statement of Operations Hollister Super

7. 7. Plan Set for CUP 2022-6

8. 8. Plan Set Attachment Memo

9. 9. Petition RE CUP 2022-6 received as public comment

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. 2023-108

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING CONDITIONAL USE PERMIT 2022-6 TO ALLOW FOR THE OFF-SITE SALES OF

ALCOHOLIC BEVERAGES AT THE EXISTING HOLLISTER SUPER GROCERY STORE LOCATED AT 1280 FOURTH STREET (APN 052-090-051)

WHEREAS, under the provisions of Section 17.24.200 of Title 17 Zoning of the Hollister Municipal Code, the Planning Commission is charged with receiving, investigating, and taki ng action on Conditional Use Permit applications; and

WHEREAS, the Applicant, Hollister Super, Inc., has filed a Conditional Use Permit application to authorize off-site sales of beer, wine, and distilled spirits in a +/- 13,696 SF existing Hollister Super grocery store located at 1280 Fourth Street in the West Gateway (WG) Zoning District, in conjunction with a request to issue a determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 21 Off-Sale General License by the Department of Alcoholic Beverage Control (ABC); and

WHEREAS, the City of Hollister Planning Division received the applicant’s plans and forwarded the request to the Development Review Committee to assess the proposal for compliance with all relevant regulations; and

WHEREAS, the Development Review Committee considerations were presented to the Planning Commission as part of the City staff report; and

WHEREAS, Hollister Municipal Code Section 17.22.070 Alcohol Uses requires the approval of a Conditional Use Permit for the off-site and on-site sale of alcohol; and

WHEREAS, the ABC has determined that there is an “undue concentration” in relation to the number of alcohol-related licenses that currently exist in this area of the City (Census Tract

3.00’), thus requiring a determination of Public Convenience or Necessity; and

WHEREAS, a determination of Public Convenience or Necessity must be made by the City Council of the City of Hollister; and

WHEREAS, the Planning Commission held a duly noticed public hearing on April 27, 2023 to consider the applicant’s request, review the City staff report, and receive written and oral testimony for and against the proposal; and

WHEREAS, at a duly noticed public hearing at a regular meeting of the City of Hollister Planning Commission held on April 27, 2023 the Planning Commission voted unanimously to approve Planning Commission Resolutions 2023-11 and 2023-12 recommending that the City Council approve Conditional Use Permit 2022-6 with the determination that Public Convenience or Necessity would be served by the issuance of a Type 21 Off-Sale General License by the Department of Alcoholic Beverage Control to Hollister Super, Inc. at 1280 Hollister Super (APN 052-090-051); and

WHEREAS, the City Council held a duly notice public hearing at the regular City Council meeting of June 5, 2023 to consider the applicant’s request; review the City staff report and recommendation of the Planning Commission; and receive written and oral testimony for and against the proposal.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister that Conditional Use Permit 2022-6 to allow off-site sale of alcohol at the existing Hollister Super E.3
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grocery store located at 1280 Fourth Street (APN 052-090-051) is approved with the following findings and Conditions of Approval:

CEQA FINDINGS:

1. Finding: The approval of Conditional Use Permit 2022-6 is Categorically Exempt from environmental review per Section 15301 (Existing Facilities) of the State’s Guidelines to Implement CEQA.

Evidence: The project is located within an existing Hollister Super grocery store and does not expand upon an existing or former use. No exterior changes are proposed to the site.

CONDITIONAL USE PERMIT FINDINGS:

1. Finding: The proposed use is conditionally allowed within the subject zoning district and complies with all applicable provisions of this Zoning Ordinance.

Evidence: The proposed use is conditionally allowed within the subject zoning district with the approval of a conditional use permit and compiles with all applicable provisions of this Zoning Ordinance.

2. Finding: The proposed use is consistent with the General Plan.

Evidence: The proposed use is consistent with the City of Hollister’s 2005-2023 General Plan use designation of West Gateway Mixed-Use which is intended to provide useful retail destinations within walking distance from many of Hollister’s residential areas. The proposed use is consistent with General Plan policy LU10.3 to “provide for economic development that assures the availability and diversity of resident-serving goods and services” by providing the option to purchase alcoholic beverages at this neighborhood- serving grocery store. The proposed use is also consistent with General Plan Policy LU5.5 “to retain existing small businesses and attract new ones”, as Hollister Super is a small local grocery store business.

3. Finding: The approval of the Conditional Use Permit is in compliance with California Environmental Quality Act (CEQA).

Evidence: The approval of Conditional Use Permit 2022-6 is Categorically Exempt from environmental review per Section 15301 (Existing Facilities) of the State’s Guidelines to Implement CEQA.

4. Finding: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

Evidence: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future lands uses in the vicinity. This use is within an existing Hollister Super grocery store located within the City of Hollister’s West Gateway (WG) Zoning District. The use as a full service grocery retailer, including sales of beer, wine, and distilled spirits is compatible with the existing and future land use in the vicinity.

5. Finding: The proposed project will not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City.

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Evidence: The proposed project has been reviewed by the City of Hol lister Development Review Committee (DRC). Given the nature of the business, a general merchandise retailer and grocery store, no evidence has been found to indicate that this use would pose an undue risk to the community.

CONDITIONS OF APPROVAL

1. Approval. This application is for the approval of Conditional Use Permit 2022-6 to authorize off-site sales of beer, wine, and distilled spirits in a +/- 13,696 SF existing Hollister Super grocery store located at 1280 Fourth Street in the West Gateway (WG) Zoning District, in conjunction with a request to issue a determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 21 Off -Sale General license by the Department of Alcoholic Beverage Control (ABC).

2. Permit Expiration. This approval expires within one year from the date of approval (June 5, 2024), if not implemented, unless an extension is approved by the Planning Commission in compliance with Section 17.24.170. If implemented, this approval shall be valid during the continued operation of the existing retail store described in Condition 1 above, by the Applicant, Hollister Super, Inc. Should the operation cease to exist, so shall this approval.

3. Transferability of Conditional Use. This permit is issued solely to the Applicant for the operations described and on file with the Planning Division of the City of Hollister. This permit shall not be transferrable to any other entity.

4. Indemnification. The applicant shall defend, indemnify and hold harmless the City of Hollister, any agent, officer or employee of the City, and any advisory board of the City, against any claim, suit, action judgement, costs and attorney’s fees arising out of this approval or any assertions that this approval, including the environmental determination made herein, is invalid, illegal, unconstitutional or otherwise contrary to law. The City shall promptly notify the applicant of any claim against the City and shall cooperate fully in the defense.

5. Appeal Period. No entitlements that rely upon this approval shall be granted during the 15-day appeal period. In the case of an appeal being filed, no entitlements shall be granted until final action is taken on the appeal.

6. ABC License Type. This Conditional Use Permit limits alcohol sales to off-site sales of beer, wine, and distilled spirits, under a Type 21 Off-Sale General license from the Department of Alcoholic Beverage Control (ABC). Any changes to the ABC license type shall require an amendment to this conditional use permit.

7. Hours of Operation. The hours of operation may be between 6:00 AM and 10:00 PM seven days a week. Off-site sales of beer, wine, and distilled spirits shall only occur during the hours of operation.

8. Modification of Conditions. Any condition imposed by the City Council in granting this Conditional Use Permit may be modified or eliminated, or new conditions may be added, provided that the City Council shall first conduct a public hearing in the same manner as required for the granting of the original permit. No such modification shall be made unless the Council finds that such modification is necessary to protect the public interest and/or neighboring properties, or, in the case of the deletion of an existing condition, that such action is necessary to permit reasonable operation and use under the Conditional Use Permit.

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POLICE DEPARTMENT

9. Security System. Within 60 days of approval of this conditional use permit, the applicant shall submit for review and approval a security system plan that includes video & audio surveillance of all public areas as required to the City of Hollister Police Department. The security system shall be installed and maintained by the Applicant. The system shall remain operational and actively recording 24/7; contacts provided to the Police Department; and Police Department approval of the system given. The recordings shall be made available to law enforcement in any criminal investigations.

10. Lighting. The applicant shall provide adequate exterior lighting to the satisfaction of the Chief of Police and/or his/her designee. The lighting shall be downward casting and compliant with the City’s Dark Sky Ordinance. Coverage of the exterior lighting shall include but is not limited to the entry and exit points of the building, the property’s perimeter and other areas surrounding near the building, and parking lots.

11. Security Contact Person. The property owner shall provide three security contact persons to the City of Hollister Police Department.

12. Graffiti. The applicant shall maintain the facility and graffiti free. All graffiti must be removed or painted within 48 hours of it appearing. According to the City of Hollister Municipal Code 8.32.060, Prohibited Activities and Unlawful Conditions, Section 15, Graffiti is considered a public nuisance and is a violation of the City codes.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-108, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Staff Report
CUP 2022-6

Page 1 of 6 ends

SUBJECT: Conditional Use Permit 2022-6 to allow for the sale of beer, wine, and distilled spirits at an existing Hollister Super grocery store, located at 1280 Fourth Street (Assessor’s Parcel Number 052-090-051) within the West Gateway (WG) Zoning District.

STAFF PLANNER: Liz Gagliardi, Associate Planner; (831) 636-4360

ATTACHMENTS: 1. Resolution recommending City Council approve Conditional Use Permit 2022-6

2. Resolution recommending to the City Council that the determination of Public Convenience or Necessity would be served with the issuance of a Type 21 Off-Sale General ABC License at 1280 Fourth Street

3. Memo from City of Hollister Police Department, RE: Public Convenience or Necessity Determination

4. ABC 245 Form

5. Applicant Statement of Operations

6. CUP 2022-6 Plan Set

RECOMMENDATION: Approve Resolution recommending approval of CUP 2022-6, as well as a finding of Public Convenience or Necessity, to the City Council to allow off-site sale of alcohol at the existing target retail store located at 1280 Airline Highway.

PROJECT DESCRIPTION: The Applicant is requesting a Conditional Use Permit to allow for the sale of beer, wine, and distilled spirits at the existing Hollister Super grocery store located at 1280 Fourth Street (APN 052-090-051). This parcel has a General Plan Land Use Designation of West Gateway Mixed Use and is located in the West Gateway (WG) Zoning District.

A vicinity map is included below as Figure A.

Planning Commission
Staff Report
April 27, 2023
Item 1
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Staff Report
CUP 2022-6

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ANALYSIS:

Permit Requirements:

This project requires a Conditional Use Permit, which is tied to the issuance of a license from the California Department of Alcoholic Beverage Control (ABC). For this permit, ABC also requires a finding of Public Convenience or Necessity (PCN). Each of these permit requirements is outlined below.

Conditional Use Permit (CUP):

Hollister Super does not meet this exception, thus requiring a Conditional Use Permit to authorize alcohol sales.

Alcoholic Beverage Control (ABC) License:

The California Department of Alcoholic Beverage Control (ABC) regulates the manufacturing and sale of alcoholic beverages. In addition to the City of Hollister requirement for a Conditional Use Permit, a license from ABC is also required for alcohol sales in the State of California. Currently, Hollister Super is permitted to sell wine and beer under a Type 20 Off-Sale Beer & Wine License from ABC. With their Conditional Use Permit application, Hollister Super is seeking to surrender their existing active Type 20 Off-Sale Beer & Wine License, and apply for a Type 21 Off-Sale General License, which allows for the sale of distilled spirits in addition to beer and wine, for consumption off the premises where sold.

Figure A
Hollister Super
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Staff Report
CUP 2022-6

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Public Convenience or Necessity (PCN):

In their review of the application for a Type 21 Off-Sale General License for Hollister Super, ABC has issued a Type 245 Form, requiring that the City make a finding of Public Convenience or Necessity (PCN) prior to issuance of the required ABC License. PCN findings are required when ABC finds that there is an over concentration of alcohol outlets within the subject area.

In this case, ABC has reported that the property where Hollister Super is located is not in a high crime reporting district. However, the census tract where Hollister Super is located is over concentrated with licenses, as defined by ABC. In census tract 3.00’, which includes the property where Hollister Super is located, ABC allows up to three (3) Off-Sale licenses without PCN findings. There are currently twelve (12) Off-Sale licenses existing in Census Tract 3.00’. Therefore, ABC requires that the Local Governing Body make a determination that either public convenience or determination would be served by the issuance of the Type 21 Off-Sale General license. In the City of Hollister, the Local Governing Body is the City Council. In this case, since the Conditional Use Permit for off-site alcohol sales is tied to the PCN determination, the role of the Planning Commission is to offer a recommendation on to the City Council on the project as a whole.

General Plan Consistency:

The City of Hollister 2005-2023 General Plan designates the project site as West Gateway Mixed Use. Per, the 2005-2023 General Plan, “Mixed-use areas will provide useful retail destinations within walking distance from many of Hollister’s residential areas”. In addition, Land Use and Design Element Policy LU10.3 is to “provide for economic development that assures the availability and diversity of resident-serving goods and services”.

Land Use and Design Element Policy LU5.5 is to “retain existing small businesses and attract new ones”.

Hollister Super is an IGA (Independent Grocers Alliance) franchise, owned by Hollister Super, Inc. In addition to the 1280 Fourth Street Location, Hollister Super, Inc. also operates a second location at 211 Third Street in Hollister, CA, as well as the Windmill Market in San Juan Bautista, CA. Hollister Super is a local small business that has served the community for nearly 40 years.

Additionally, the proposed Conditional Use Permit would provide an opportunity for Hollister Super to expand their retail selection to include distilled spirits in addition to wine and beer, benefiting this small business, E.3.a
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Staff Report
CUP 2022-6

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consistent with Policy LU 5.5.

California Environmental Quality Act (CEQA):

The proposed project does not include any construction or expansion of the existing Hollister Super grocery store building. Section 15301, Class 1, Categorically Exempts projects from further review under CEQA for Existing Facilities, with the key consideration being whether the project involves negligible or no expansion of use.

Given that this project proposes a negligible expansion of use to change an existing ABC License from Type 20 (Off-Sale Beer & Wine) to a Type 21 (Off-Sale General), and proposes no construction or physical expansion of the structure, no further CEQA review is required.

CONCLUSION:

The applicant is seeking a Conditional Use Permit (CUP) to allow for the sale of beer, wine, and distilled spirits at the existing Hollister Super grocery store at 1280 Fourth Street. This proposal would not change the existing site plan or building façade, and would allow for the expansion of alcohol sales from the currently permitted sale of beer and wine to also include distilled spirits. This proposal meets the Goals and Policies of the General Plan and the Zoning Ordinance. Conditions of Approval have been included to ensure that the project will continue to comply with all City of Hollister regulations and will not negatively impact the surrounding area.

PLANNING COMMMISSION OPTIONS:

The Planning Commission can choose one of the following options regarding Conditional Use Permit 2022-6.

1. Adopt a Resolution approving a recommendation that the City Council approve Conditional Use Permit 2022-6 (Attachment 1) with the findings and conditions contained in the draft resolution;

2. Adopt a Resolution approving a recommendation that the City Council approve Conditional Use Permit 2022-6 with findings and conditions as modified by the Planning Commission;

3. Adopt a Resolution approving a recommendation that the City Council deny Conditional Use Permit 2022-6, with findings as provided by the Planning Commission; or

4. Continue the hearing and direct Staff to provide additional information or clarification.

Staff recommends that the Planning Commission choose Option 1 for the CUP.

The Planning Commission can choose one of the following options regarding the finding of Public Convenience or Necessity (PCN).

1. Adopt a Resolution recommending that the City Council make a determination that the City Council make the determination that Public Convenience or Necessity would be served with the issuance of Type 21 Off-Sale General ABC License for Hollister Super at 1280 Fourth Street (Attachment 2); E.3.a
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Staff Report
CUP 2022-6

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2. Adopt a Resolution recommending that the City Council make a determination that the City Council not make the determination that Public Convenience or Necessity would be served with the issuance of Type 21 Off-Sale General ABC License for Hollister Super at 1280 Fourth Street; or

3. Continue the hearing and direct Staff to provide additional information or clarification.

Staff recommends that the Planning Commission choose Option 1 for the finding of Public Convenience or Necessity.

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Staff Report
CUP 2022-6

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GENERAL INFORMATION

APPLICANT: Hollister Super, Inc.

Attn. Chang So
1280 Fourth Street
Hollister, California 95023

PROPERTY OWNER: James Gibson, HAUKSO
P.O. Box 277
San Juan Bautista, California 95045

LOCATION: 1280 Fourth Street
Hollister, California 95023

GENERAL PLAN
DESIGNATION: West Gateway Mixed-Use

ZONING DISTRICT: West Gateway (WG)

SURROUNDING USES:

Location Zoning Designation General Plan Land Use Current use of Property
Project Site WG West Gateway Mixed-Use Commercial (shopping center)
North R1 Low Density Residential Residential
South R-M-H Residential Mobile Home Residential – Mobile Home Park
East WG West Gateway Mixed-Use Commercial (shopping
center)
West WG West Gateway-Mixed Use Commercial (gas
station/convenience
store)

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PLANNING COMMISSION RESOLUTION NO. 2023-11

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDNG APPROVAL OF CONDITIONAL USE PERMIT 2022-6 TO THE CITY COUNCIL TO ALLOW OFF-SITE SALE OF ALCOHOL AT THE EXISTING HOLLISTER SUPER GROCERY STORE LOCATED AT 1280 FOURTH STREET APN 052-090-051

WHEREAS, under the provisions of Section 17.24.200 of Title 17 Zoning of the Hollister Municipal Code, the Planning Commission is charged with receiving, investigating, and taking action on Conditional Use Permit applicant; and,

WHEREAS, the City Planning Division received the applicant’s plans and forwarded the request to the Development Review Committee to assess the proposal for compliance with all relevant regulations; and,

WHEREAS, the Development Review Committee considerations were presented to the Planning Commission as part of the City staff report; and,

WHEREAS, Hollister Municipal Code Section 17.22.070 Alcohol Uses requires the approval of a Conditional Use Permit for the off-site and on-site sale of alcohol; and,

WHEREAS, the ABC has determined that there is an “undue concentration” in relation to the number of alcohol-related licenses that currently exist in this area of the City (Census Tract 3.00’), thus requiring a determination of Public Convenience or Necessity; and,

WHEREAS, a determination of Public Convenience or Necessity must be made by the City Council of the City of Hollister; and,

WHEREAS, after closing the public hearing, the Planning Commission determined to recommend to the City Council that a determination be made that Public Convenience or Necessity would be served by the issuance of a Type 21 Off-Sale General ABC License to Hollister Super located at 1280 Fourth Street, and the approval of a Conditional Use Permit for such use; and,

NOW, THEREFORE IT IS RESOLVED, that the City of Hollister Planning Commission does hereby recommend approval of Proposed Conditional Use Permit 2022-6 with the determination that Public Convenience or Necessity would be served by the issuance of a Type 21 Off-Sale General License by the E.3.b
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Department of Alcoholic Beverage Control to Hollister Super located at 1280 Fourth Street, with the following findings and conditions:

CEQA FINDINGS:

1. Finding: The approval of Conditional Use Permit 2022-6 is Categorically Exempt from environmental review per Section 15301 (Existing Facilities) of the State’s Guidelines to Implement CEQA.

Evidence: The project is located within an existing Hollister Super grocery store and does not expand upon an existing or former use. No exterior changes are proposed to the site.

CONDITIONAL USE PERMIT FINDINGS:

1. Finding: The proposed use is conditionally allowed within the subject zoning district and complies with all applicable provisions of this Zoning Ordinance.

2. Finding: The proposed use is consistent with the General Plan.

Evidence: The proposed use is consistent with the City of Hollister’s 2005-2023 General Plan use designation of West Gateway Mixed-Use which is intended to provide useful retail destinations within walking distance from many of Hollister’s residential areas. The proposed use is consistent with General Plan policy LU10.3 to “provide for economic development that assures the availability and diversity of resident-serving goods and services” by providing the option to purchase alcoholic beverages at this neighborhood-serving grocery store. The proposed use is also consistent with General Plan Policy LU5.5 “to retain existing small businesses and attract new ones”, as Hollister Super is a small local grocery store business.

3. Finding: The approval of the Conditional Use Permit is in compliance with California Environmental Quality Act (CEQA).

Evidence: The approval of Conditional Use Permit 2022-6 is Categorically Exempt from environmental review per Section 15301 (Existing Facilities) of the State’s Guidelines to Implement CEQA.

4. Finding: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity.

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District. The use as a full service grocery retailer, including sales of beer, wine, and distilled spirits is compatible with the existing and future land use in the vicinity.

5. Finding: The proposed project will not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City.

Evidence: The proposed project has been reviewed by the City of Hollister Development Review Committee (DRC). Given the nature of the business, a general merchandise retailer and grocery store, no evidence has been found to indicate that this use would pose an undue risk to the community.

CONDITIONS OF APPROVAL

1. Approval. This application is for the approval of Conditional Use Permit 2022-6 to authorize off- site sales of beer, wine, and distilled spirits in a +/- 13,696 SF existing Hollister Super grocery store located at 1280 Fourth Street in the West Gateway (WG) Zoning District, in conjunction with a request to issue a determination that Public Convenience or Necessity (PCN) would be served by the issuance of a Type 21 Off-Sale General license by the Department of Alcoholic Beverage Control (ABC).

2. Permit Expiration. This approval expires within one year from the date of approval (April 27, 2024), if not implemented, unless an extension is approved by the Planning Commission in compliance with Section 17.24.170. If implemented, this approval shall be valid during the continued operation of the existing retail store described in Condition 1 above, by the Applicant, Hollister Super, Inc. Should the operation cease to exist, so shall this approval.

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Beverage Control (ABC). Any changes to the ABC license type shall require an amendment to this conditional use permit.

POLICE DEPARTMENT

11. Security Contact Person. The property owner shall provide three security contact persons to the City of Hollister Police Department.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Hollister held this 27th day of April 2023 by the following vote:

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AYES:

NOES:

ABSTAINED:

ABSENT:

________________________________
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:

______________________________
Christy Hopper, Secretary

Please Note
It is the sole responsibility of the project applicant to comply with conditions as approved, modified or added by the Planning Commission. It is recommended that the applicant review the conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the Planning Commission at their meeting. In addition, the City provides for a 15-day appeal period.

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PLANNING COMMSION RESOLUTION NO. 2023-12

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER RECOMMENDING THAT

THE CITY COUNCIL MAKE THE DETERMINATION THAT PUBLIC CONVENIENCE OR NECESSITY WOULD BE SERVED WITH THE ISSUANCE OF A TYPE 21 OFF-SALE GENERAL ALCOHOLIC BEVERAGE CONTROL LICENSE TO HOLLISTER SUPER GROCERY STORE LOCATED AT 1280 FOURTH STREET APN 052-090-051

WHEREAS, it has been determined by ABC staff, and verified by the City of Hollister Police Department, that the premises are not located in a high crime reporting district; and,

WHEREAS, the City Council is the City’s governing body and has the ability to make a determination of Public Convenience or Necessity; and,

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends to the City Council of the City of Hollister the determination that Public Convenience would be served by the issuance of a Type 21 Off-Site General ABC license for Hollister Super, Inc. at 1280 Fourth Street based on the following findings.

1. Finding: The existing Hollister Super grocery store located at 1280 Fourth Street is consistent with the City of Hollister’s General Plan and Zoning Ordinance as it pertains to the use. Hollister Super is a popular local grocery store that serves the surrounding community and is a convenient shopping location for nearby residents to purchase groceries and other household items. Allowing sales of beer, wine, and distilled spirits at this location would provide a public convenience for customers looking to purchase these goods, and the City of Hollister has reviewed this proposed project and determined it will not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City.

PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Hollister on this 27th day of April 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

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PC Resolution 2023-12
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Chairperson of the Planning Commission
of the City of Hollister
ATTEST:

Christy Hopper, Secretary
Please Note

It is the sole responsibility of the project applicant to comply with conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review the conditions carefully and if any questions arise as to compliance with the proposed conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the Planning Commission at their meeting. In addition, the City provides for a 15-day appeal period.

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SUBJECT: Attachment for Conditional Use Permit 2022-6 to allow for the sale of beer, wine, and distilled spirits at an existing Hollister Super grocery store, located at 1280 Fourth Street (Assessor’s Parcel Number 052-090-051) within the West Gateway (WG) Zoning District.

The plan sets for Conditional Use Permit 2022-6 are available for public viewing at the City of Hollister Development Services Department office located at 361 Fifth Street during regular business hours. The Development Services Department is open to the public Monday-Thursday from 8:30 AM – 12:00 PM, and 1:00 PM – 4:30 PM, closed Fridays. Plans will also be available for viewing at the regular meeting of the City Council at City Hall on June 5, 2023 starting at 6:30 PM.

City Council
Memorandum
June 5, 2023
CUP 2022-6
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 29, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Glen March, City Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-109, RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER CONFIRMING AND APPROVING THE BOUNDARY DIAGRAM

AND ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS OF LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023-2024

BRIEF DESCRIPTION: The City Council will hold a public hearing to consider the adoption of a Resolution approving confirming and approving the boundary diagram and assessments and ordering the levy and collection of assessments of parcels within Landscape and Lighting District No. 93-1 for Fiscal Year 2023-2024.

RECOMMENDATION: Adopt a resolution confirming and approving the boundary diagram and assessments described in the Final Engineer’s Report dated June 5, 2023 and ordering the levy and collection of assessments of the parcels within the boundarie s of Landscape and Lighting District No. 93-1 for Fiscal Year 2023-2024.

DEPARTMENT SUMMARY: On July 16, 1993, the City Council of the City of Hollister adopted Resolution No. 93-111 which ordered the formation of Landscape and Lighting District No. 93 -1.

On April 17, 2023, the City Council adopted Resolution No. 2023-63, which initiated the proceedings for the annual renewal of the Landscape and Lighting District 93 -1 for Fiscal Year 2023-2024.

On May 15, 2023, the City Council adopted Resolution No. 2023-88 and No. 2023-89 (a) approving the Draft Engineer’s Report and (b) adopting the resolution of intention of the City Council to levy and collect assessments and setting the public hearing for June 5, 2023 at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA 95203 for the levy and collection of assessments of Landscape and Lighting District No. 93 -1 for Fiscal Year 2023-2024, respectively.

At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard. The City Council shall consider all oral statements and written protests made or filed by any interested person.

The City Council may order changes in any of the matters provided in the report, including changes in the improvements, any zones within the assessment district, and the proposed diagram or the proposed assessment.

The City Council may adopt a resolution confirming the diagram and assessments, either as originally proposed or as changed by it. The adoption of the resolution constitutes the levy of assessments for Fiscal Year 2023-2024.

Staff prepared the Final Engineer’s Report which includes the budget, boundary diagram, and collection rolls for Council consideration.

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FINANCIAL IMPACT: The Final Engineer’s Report for Landscape and Lighting District No. 93-1 estimates the revenue for Fiscal Year 2023-2024 at #223,669.25. The budget reflects a zero carry-over of unexpected funds from FY 2022-2023.

CEQA: Exempt

ATTACHMENTS:

1. Final 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. 2023-109

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER CONFIRMING AND

APPROVING THE BOUNDARY DIAGRAM AND ASSESSMENTS, AND ORDERING THE

LEVY AND COLLECTION OF ASSESSMENTS OF LANDSCAPE AND LIGHTING DISTRICT NO. 93-1 FOR FISCAL YEAR 2023-2024

WHEREAS, on July 16, 1993, the City Council of the City of Hollister adopted Resolution No. 93-111 which ordered the formation of Landscape and Lighting District No. 93-1.

WHEREAS, on April 17, 2023, the City Council adopted Resolution No. 2023-63 initiating the proceedings for the annual renewal for the levy and collection of assessments of Landscape and Lighting District No. 93-1 for Fiscal Year 2023-2024.

WHEREAS, on May 15, 2023, the City Council adopted Resolution No. 2023-88 approving the Draft Engineer’s Report dated May 15, 2023 without modifications; and

WHEREAS, on May 15, 2023, the City Council adopted Resolution No. 2023-89 adopting the resolution of intention of the City Council to levy and collect assessments and setting the public hearing for June 5, 2023 at 6:30 p.m. in the City of Hollister’s City Hall Council Chambers, 375 Fifth Street, Hollister, CA 95203 for the levy and collection of assessments of Landscape and Lighting District No. 93-1 for Fiscal Year 2023-2024, respectively.

WHEREAS, a notice for the June 5, 2023 public hearing for the levy and collection of annual assessments for Fiscal Year 2023-2024 was published in a newspaper of general circulation (Free Lance), no later than 10 days before the public hearing date pursuant to California Government Code Section 22626(a); and

WHEREAS, on June 5, 2023, the City Council held a public hearing; and

WHEREAS, at the public hearing, the City Council considered the Final Engineer’s Report dated June 5, 2023 which includes the Boundary Diagram, Special Benefit Zones, a description of the work to be performed within each Special Benefit Zone, and the Collection Roll; and

WHEREAS, the City Council afforded all interested persons the opportunity to hear and be heard at the public hearing; and

WHEREAS, the City Council considered all oral statements and all written protests made or filed by any interested person; and

WHEREAS, the City Council of the City of Hollister desires to levy and collect assessments against parcels in Landscape and Lighting District No. 93-1 for the Fiscal Year 2023-2024, to pay for the costs and expenses of operating, maintaining and servicing landscaping, lighting, and appurtenant facilities within Landscape and Lighting District No. 93-1.

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

1. Confirms and approves the boundary diagram and assessments described in the Final Engineer’s Report dated June 5, 2023.

2. Orders the levy and collection of assessments of the parcels within the boundaries of Landscape and Lighting District No. 93-1 for Fiscal Year 2023-2024 as described in the Final Engineer’s Report dated June 5, 2023.

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3. Directs the City Manager to file a certified copy of the boundary and assessment with the San Benito County Auditor on or before August 10, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-109, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 93-1
FOR FISCAL YEAR 2023 /2024

CITY OF HOLLISTER

FINAL ENGINEER’S REPORT

June 5, 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 ASSESSMENT
DISTRICT NO. 93-1
FOR FISCAL YEAR 2023 /2024

CITY OF HOLLISTER

FINAL ENGINEER’S REPORT

June 5, 2023

EXHIBIT A

BOUNDARY DIAGRAM

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20 23/2
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LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT NO. 93-1
FOR FISCAL YEAR 2023 /2024

CITY OF HOLLISTER

FINAL ENGINEER’S REPORT

June 5, 2023

EXHIBIT B

COLLECTION ROLL

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2023/2024
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 17, 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

BRIEF 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: Hold a public hearing and adopt 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 5th day of June, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 12, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Police
Carlos Reynoso, Police Chief

TITLE OF ITEM: RESOLUTION NO. 2023-110, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING RENEWAL OF AN AGREEMENT FOR HEARING

OFFICER SERVICES BETWEEN THE CITY OF HOLLISTER AND JEFFREY MILLER

BRIEF DESCRIPTION: This renewal of the existing and soon expiring agreement with Jeffrey Miller to provide hearing officer services to the City of Hollister extends the current agreement until June 30, 2026.

RECOMMENDATION: Adopt a resolution authorizing the Mayor of the City of Hollister to sign an agreement between the City of Hollister and Jeffery Miller for Hearing Off icer Services.

DEPARTMENT SUMMARY: The Hollister Police Department has a need to provide a hearing in a timely manner for those individuals who have received an administrative citation for violating city ordinances. Some of the most common hearings ste m from police officers, code enforcement, and animal care & services citations. Some of the animal related hearings must be completed within 48 hours and having a person available to handle these hearings is very important.

For the last several years, Jeffrey Miller has been providing those services for the City of Hollister. During COVID 19 restrictions, the hearings were being conducted remotely through Zoom. Staff discovered the process has worked very well. Jeffrey Miller has been able to conduct the hearings remotely while staff and the cited individual are at the Hollister Police Department.

The hearing officer provides a comprehensive report detailing the hearing, the issues that were brought up in the hearing, and a determination of the case. The reports are consistently well written and include detailed reasons justifying the findings.

Individuals that do not agree with the findings have the right to appeal the case to the San Benito Superior Court. However, there have been no appeals since Jeffery Miller has been the Hearing Officer for the City of Hollister.

There is no requirement for a municipal hearing officer to be an attorney and staff has found that Jeffrey Miller has been providing efficient, timely and excellent services to our city at the reduced rate of $100 an hour. Police, Code Enforcement , and Animal Control Department staff request the existing contract, which expires on June 30, 2023 to be renewed to June 30, 2026

FINANCIAL IMPACT: $0. Cost included in budget

CEQA: NA

ATTACHMENTS:

1. Previous 2021 - 2022 Contract

2. Previous First_Amendment extention to old contract

3. Jeffrey Miller_Hearing Officer Contract_2nd Am

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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. 2023-110

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING

RENEWAL OF AN AGREEMENT FOR HEARING OFFICER SERVICES BETWEEN THE CITY

OF HOLLISTER AND JEFFREY MILLER

WHEREAS, the Hollister Police Department, which includes Code Enforcement and Animal Care and Services, issues administrative citations for violations of the municipal code; and

WHEREAS, the municipal code has a requirement to provide a hearing for residents those residents who have received a citation and wish to contest it; and

WHEREAS, the City of Hollister has had a successful program in place with an agreement for hearing officer services for several years; and

WHEREAS, the existing agreement expires on June 30, 2023, and there is a need to extend the contract to June 30, 2026; and

WHEREAS, the City of Hollister, the residents of the City of Hollister, the Police Department, Code Enforcement, and Animal Care and Services will benefit from the agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the Mayor to sign an agreement for hearing officer services between the City of Hollister and Jeffrey Miller.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-110, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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FIRST AMENDMENT TO AGREEMENT FOR

PROFESSIONAL SERVICES

THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________, 2023, by and between the City of Hollister, California, a municipal corporation (“City”), and Jeffery A. Miller, an Administrative Hearing Officer, (“Contractor”).

WHEREAS, City and Contractor have previously entered into an Agreement for Professional Services (“Agreement”) dated May 3, 2021;

WHEREAS, the Agreement expired on December 31, 2022; and

WHEREAS, City and Contractor desire to amend said Agreement to provide for an additional term of the Project.

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

1. Section 26, “ADDITIONAL TERM OF AGREEMENT,” is hereby added to the Agreement to read as follows:

“26. ADDITIONAL TERM OF AGREEMENT. City and
Contractor mutually agree to lengthen the term of this Agreement.

The additional term of this Agreement shall commence on December 31, 2022, and end on June 30, 2023.”

2. Except as herein amended, the Agreement dated May 3, 2021, shall remain in full force and effect.

[Remainder of Page Intentionally Left Blank]

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

CITY OF HOLLISTER

BY:

Mayor

ATTEST:

JENNIFER WOODWORTH, CITY CLERK

BY:

City Clerk

APPROVED AS TO FORM:

BY:

City Attorney

CONTRACTOR

BY:
(Signature)

Jeffery A. Miller
(Typed Name)

DocuSign Envelope ID: F2381A33-0767-4216-9169-A32F61DA89BB F.1.b
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SECOND AMENDMENT TO AGREEMENT FOR

PROFESSIONAL SERVICES

THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________, 2023, by and between the City of Hollister, California, a municipal corporation (“City”), and Jeffrey A. Miller, an Administrative Hearing Officer, (“Contractor”).

WHEREAS, City and Contractor have previously entered into an Agreement for Professional Services (“Agreement”) dated May 3, 2021;

WHEREAS, the Agreement expired on December 31, 2022;

WHEREAS, the City and Contractor amended said Agreement on April 17, 2023, to provide for an additional term of the Project (“First Amendment”);

WHEREAS, the First Amendment will expire on June 30, 2023; and

WHEREAS, City and Contractor desire to amend said Agreement to provide for a second additional term of the Project.

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

1. Section 26, “ADDITIONAL TERM OF AGREEMENT,” is hereby amended to the Agreement to read as follows:

“26. ADDITIONAL TERM OF AGREEMENT. City and
Contractor mutually agree to lengthen the term of this Agreement.

The additional term of this Agreement shall commence on July 1, 2023, and end on June 30, 2026.”

2. Except as herein amended, the Agreement dated May 3, 2021, shall remain in full force and effect.

[Remainder of Page Intentionally Left Blank]

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

CITY OF HOLLISTER

BY:

Mayor

ATTEST:

JENNIFER WOODWORTH, CITY CLERK

BY:

City Clerk

APPROVED AS TO FORM:

BY:

City Attorney

CONTRACTOR

BY:
(Signature)

Jeffrey A. Miller
Administrative Hearing Officer

DocuSign Envelope ID: 324449A9-09C9-4332-86C0-76DEF7528677 F.1.c
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STAFF REPORT

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

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

TITLE OF ITEM: RESOLUTION NO. 2023-111, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ADOPTING THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (PUBLIC CONTRACT CODE, §§ 22000 ET SEQ.)

BRIEF DESCRIPTION: Adoption of the Uniform Public Construction Cost Accounting Act will simplify and expedite public project contracting.

RECOMMENDATION: Adopt a resolution adopting the Uniform Public Construction Cost Accounting Act.

DEPARTMENT SUMMARY: Pursuant to the Public Contract Code, public projects costing more than Five thousand dollars ($5,000.00) must be awarded to the lowest responsible bidder following publication of two notices inviting bids. The Uniform Public Construction Cost Accounting Act, adopted in 1983, and which can be found at Public Contract Code, § 22000 et seq. (the “Act”), established alternative informal procedures for bidding and contracting for public projects and increased the limits when formal bidding is required. The City may elect to become subject to the Act by passing a resolution so stating and adopting an ordinance providing for the Act’s informal bidding procedures.

Under the Act, public projects under sixty thousand dollars ($60,000.00) may be performed by the City’s own employees,’ negotiated contract, or purchase order. Public projects under two hundred thousand dollars ($200,000.00) may be contracted by informal bidding procedures which require the City to maintain a list of qualified contractors by category of work and provide notice to contractors on that list (as well as specified trade journals) inviting bids at least ten (10) days before bids are due. Upon completion of the informal bidding process, the City would award the contract to the lowest responsible bidder. Alternatively, the City may reject all bids and use the City’s own employees if it can demonstrate that doing so will be more economical; however, the stringent accounting procedures under the Act may make this option less feasible.

For public projects over two hundred thousand dollars ($200,000.00), the City would be required, with minor exceptions, to undertake formal bidding procedures in accordance with the Act and other applicable provisions of the Public Contract Code. These procedures would include notice inviting formal bids published in a newspaper of general circulation at least fourteen (14) days before the date of opening the bids and electronic notice inviting formal bids sent to specified trade journals at least fifteen (15) days before the opening of bids. At the conclusion of the formal bidding process, the City would award the contract to the lowest responsible bidder.

The City should adopt the Act because the informal bidding process allowed by the Act will be simpler, faster, and likely result in less cost to the City.

An additional benefit of the informal bidding procedures under the Act is that the dollar amount thresholds for informal and formal bidding are adjusted every five years by the State Controller’s Office. As a result, these bidding thresholds will likely increase over time.

It is important to note that the Act only applies to public projects, not the purchase of goods or services.

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FINANCIAL IMPACT: There is no fiscal impact.

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. 2023-111

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING THE

UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT (PUBLIC CONTRACT CODE, §§ 22000 ET SEQ.)

WHEREAS, public agencies must competitively bid all public works projects (as defined in Section 20161 of the Public Contract Code) in excess of $5,000.00 in accordance with the requirements set forth in the Public Contract Code, commencing with Section 20160; and

WHEREAS, in 1983, the California Legislature adopted Assembly Bill 1666, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2, of the Public Contract Code, which establishes a uniform cost accounting standard for construction work contracted out or self-performed by cities, and also provides for alternative informal procedures for bidding public projects; and

WHEREAS, Public Contract Code Section 22030 provides that any city wishing to use the alternative informal procedures for biding and contracting for public projects must elect, by resolution to become subject to the construction cost accounting procedures set forth in the Uniform Public Construction Cost Accounting Act and must notify the State Controller of its election; and

WHEREAS, Public Contract Code Section 22034 requires each public agency that elects to become subject to the Uniform Public Construction Cost Accounting Act to enact an ordinance for informal bidding procedures; and

WHEREAS, concurrently herewith, the City Council introduced Ordinance No.1235, and upon adoption said ordinance will enact procedures governing public works contracts and establishes, among other things, informal bidding procedures in accordance with the requirements of Section 22034 of the Public Contract Code.

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

1.That the City Council hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Uniform Public Construction Cost Accounting Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended.

2.That the City Clerk is directed to notify the State Controller forthwith of this election.

3.This resolution shall take effect upon its adoption.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-111, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 25, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, Acting City
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-112, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ADOPTING A COUNCIL DISCRETIONARY FUNDS POLICY

BRIEF DESCRIPTION: Consider adopting a City Council Discretionary Funds Policy.

RECOMMENDATION: Adopt the resolution to approve the City Council Discretionary Funds Policy.

DEPARTMENT SUMMARY: The City of Hollister recognizes the City Council members are keenly aware of needs in the City or are made aware of needs by local organizations that provide community, environmental, and social services that benefit the City’s commun ity and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister. The purpose of the attached draft policy is to establish guidelines for the City Council that provides structure that is fair, accountable, and transparent.

FINANCIAL IMPACT: The draft City Council Discretionary Funds Policy stipulates that the annual City Council discretionary funds budget will be set during the budget adoption process.

CEQA: N/A

ATTACHMENTS:

1. City Council Discretionary Funds Policy

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. 2023-112

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING A

COUNCIL DISCRETIONARY FUNDS POLICY

WHEREAS, the City of Hollister recognizes the City Council members are keenly aware of needs in the City or are made aware of needs by local organizations that provide community, environmental and social services that benefit the City’s community and enhance the well-being of its residents; and

WHEREAS, to help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister; and

WHEREAS, the City desires a policy to establish guidelines regarding discretionary funds spending that is fair, accountable, and transparent.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hollister, California hereby approves the City Council Discretionary Funds Policy, attached as Exhibit A.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-112, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Exhibit A
City of Hollister
City Council Discretionary
Funds Policy

SUMMARY OF CONTENTS

June 2023

1. Scope and Purpose ........................................................................................................................... 2

2. Policy ............................................................................................................................................ 2

3. Allowable Uses ............................................................................................................................. 3

4. Demonstrating Public Benefit When Funding Local Community Based Organizations ............... 3

5. Unallowable Uses ......................................................................................................................... 3

6. Process ......................................................................................................................................... 4 F.3.a
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1. Scope and Purpose

1.1 Scope

This Administrative Policy Instruction (API) applies to City of Hollister (City) City Council members who make decisions on how to spend City Council’s Discretionary Funds (discretionary funds). This policy shall be formally adopted by the City Council and any changes thereto shall also be adopted by City Council.

1.2 Purpose

The City of Hollister recognizes the City Council members are keenly aware of needs in the City or are made aware of needs by local organizations that provide community, environmental and social services that benefit the City’s community and enhance the well-being of its residents. To help fund these needs, the City budgets a discretionary amount annually for each City Council member for the purpose of improving the quality of life for the residents of the City of Hollister. The purpose of this policy is to establish guidelines for City Council that provides structure that is fair, accountable, and transparent.

2. Policy

2.1 Responsibilities

A. Finance Department: Administers and monitors compliance of the discretionary funds policy and processes payments of discretionary funds.

B. City Manager’s Office Staff: Available to facilitate processing discretionary funds requests, completing discretionary funds request forms, provide access to City Council Member’s available discretionary funds budget balance, agenda reports for City Council approval, and other administrative support relating to discretionary funds and complying with this discretionary funds policy.

C. City Council (or designee): Approves discretionary funds requests before discretionary funds are spent or promised. An approval of the City Council means a majority vote of the City Council at a public City Council meeting.

2.2 General Provisions

A. City Council members are responsible for understanding and complying with this discretionary funds policy and are expected to exercise good judgment with respect to how discretionary funds used.

B. It is the policy of the City of Hollister that no City Council member shall use the funds for their personal benefit.

C. Each City Council member will have a discretionary funds budget set annually during the budget adoption and shall be an equal amount for each City Council member. City Council members may not exceed their discretionary funds budget. City Council may approve increases to a discretionary funds budget if funds are available and with direction given to the City Manager.

D. The unspent budget for discretionary funds remaining at the end of the fiscal year will lapse and not roll forward.

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3. Allowable Uses

3.1 The City Council members may only use their discretionary funds budget on local infrastructure maintenance projects (i.e. street maintenance, sidewalks, tree trimming in public right of way, landscape maintenance, etc.) and new improvements (new playground equipment, new park improvements, new park tables and benches, etc.); or

3.2 The City Council member may use the funds for any purpose that is not considered a gift of public funds as determined by the City Attorney.

3.3 Uses must benefit the residents of the City of Hollister and were possible spend using local vendors.

3.4 Community based organizations that have an office in the City of Hollister.

3.5 By law, all public funds, however awarded, must be used for a public purpose. In general, a public purpose is defined as an activity or service that is open and accessible to all members of the public regardless of race, creed, gender, sexual orientation, religious affiliation, etc., without restriction, and which does not promote a particular religion. It is therefore imperative for the organizations requesting funding through this program to clearly demonstrate the benefit that funded programs or services will have on the community of Hollister.

4. Demonstrating Public Benefit When Funding Local Community Based Organizations

4.1 Circumstances under which it is appropriate for the City to grant public funds include the following:

A. When an organization provides a service that complements or enhances a service that the City also provides.

B. When there is an identifiable secondary, or indirect, benefit to the City.

C. When the organization provides a service the City could provide, but chooses not to.

5. Unallowable Uses

5.1 Discretionary funds may not be used for City related travel of the City Council member. As separate budget line-item for each City Council member is allocated separately. Any increases to a City Council member’s travel budget needs City Council approval.

5.2 Discretionary funds may not be used for a gift of public funds as determined by the City Attorney.

5.3 Discretionary funds may not be used for an of the following activities:

A. Scholarships to high-school or college students
B. The payment of outstanding debts
C. The purchase of alcoholic beverages
D. Entertainment expenses
E. Support political activities (including, but not limited to, lobbying, campaigns, or endorsements) and/or private interests
F. Permanent improvements to any non – City owned structure or property so that it becomes an integral part of the real property and its removal would do harm to the building or land, including those improvements that are bolted, nailed, screwed or wired into the wall, ceiling or floor

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6. Process

6.1 Planning for Discretionary Funds Uses

At the beginning of the fiscal year, each City Council member should make a list of known needs that they will consider for funding. The list should identify the amount, project or use name, and what City Council meeting date they would like to consider approval at. The list should be given to the City Manager to facilitate working with the City Council member in advance of the City Council meeting and updated as needed throughout the year as a coordination tool. However, needs can be brought forward at any time during the year.

6.2 Discretionary Funds Request Form
A. The City’s discretionary funds request form will describe how the funds will be used and how the use will benefit the Community.

B. The discretionary funds request form will include a line item budget and also identify the parties to be paid including name, address, and federal tax identification numbers for business where more than $600 will be spent.

6.3 City Council Approval

At least twenty (20) working days prior to the City Council meeting to approve the discretionary funding use, the discretionary fund request form should be completed by the Council member and submitted to the City Manager to agendize the request for City Council approval.

6.4 Direct Payment or Reimbursement Basis

Depending on the type of use, funds will be paid directly to vendors or released on a reimbursement basis. Funds will be paid directly to vendors doing the work as the work is completed, to vendors providing the materials, goods and supplies when received or to local organizations providing the services as the services are rendered. For certain uses, funds will be distributed on a reimbursement basis. Payments will require invoices or other supporting documentation that support the expenditures.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 30, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, Acting City
Manager

TITLE OF ITEM: RESOLUTION NO. 2023-113, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ADOPTING A CITY COUNCIL TRAVEL POLICY

BRIEF DESCRIPTION: City Council travel policy for the City Council’s consideration and approval.

RECOMMENDATION: Adopt the resolution to approve the City Council Travel Policy.

DEPARTMENT SUMMARY: The City of Hollister recognizes the constructive value of professional conferences, seminars, meetings, and training and provides travel funds for City Council Members and City Council appointed commissioners and committee members who attend such official events. Travelers shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging, and other actual and necessary expenses associated with attending such events in a manner and in the amounts as set forth in the attached draft policy. The current City Travel policy includes employees, legislative body (City Council), and City Council appointed officials, by definition, but having a separate policy to address the uniqueness is prudent. The purpose of the attached draft policy is to establish business travel guidelines for City Council and City Council appointed commissioners and committee members that are fair, accountable, and transparent. Upon adoption, staff will return with a revision to the existing travel policy to remove references to the City Council and its commissions and committees.

FINANCIAL IMPACT: The draft travel policy identifies the proposed travel budget of $5,000 for each City Council member for Fiscal Year 2023-24. The City Council appointed commissioners and committee members will have a travel budget pool with a pooled amount determined during the annual budget process.

CEQA: N/A

ATTACHMENTS:

1. City Council Travel Policy

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. 2023-113

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING A CITY

COUNCIL TRAVEL POLICY

WHEREAS, the City of Hollister recognizes the constructive value of professional conferences, seminars, meetings, and training and provides travel funds for City Council Members and City Council appointed commissioners and committee members who attend such official events; and

WHEREAS, travelers shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging, and other actual and necessary expenses associated with attending such events in a manner and in the amounts as set forth in the attached policy; and

WHEREAS, the City desires a policy to establish business travel guidelines for City Council and City Council appointed commissioners and committee members that are fair, accountable, and transparent.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hollister, that the City Council hereby approves the City Council Travel Policy for the City Council and City Council appointed Commissioners and Committee members, attached as Exhibit A.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 5th day of June, 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. 2023-113, 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 5th day of June, 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 June, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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Exhibit A
City of Hollister
City Council Travel
Policy

SUMMARY OF CONTENTS

June 2023

1. Scope and Purpose ........................................................................................................................... 2

2. Policy ............................................................................................................................................ 2

3. Travel Arrangements .................................................................................................................... 4

4. Lodging ......................................................................................................................................... 5

5. Meals ............................................................................................................................................ 6

6. Transportation ............................................................................................................................. 6

7. Additional Reimbursements ......................................................................................................... 9

8. International Travel ................................................................................................................... 10 F.4.a
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1. Scope and Purpose

1.1 Scope

This Administrative Policy Instruction (API) applies to City of Hollister (City) City Council Members and other City Council appointed commissioners and committee members (travelers) who travel on official business for the City of Hollister.

All travel arrangements, reconciliations and reimbursements shall be performed within the scope of delegated authority and in compliance with all applicable Federal statutes, State, and City codes, and policies.

This policy shall be formally adopted by the City Council and any changes thereto shall also be adopted by City Council.

1.2 Purpose

The City of Hollister recognizes the constructive value of professional conferences, seminars, meetings, and training and provides travel funds for Travelers who attend such official events. Travelers shall be entitled to reimbursement for their reasonable expenses associated with travel, meals, lodging and other actual and necessary expenses associated with attending such events in a manner and in the amounts as set forth in this policy. The purpose of this policy is to establish business travel guidelines for City Council and other City Council appointed commissioners and committee members that are fair, accountable, and transparent.

2. Policy

2.1 Responsibilities

A. Finance Department: Administers and monitors compliance of the travel policy and processes Traveler requests for travel prepayments, advances, and reimbursements.

B. City Manager’s Office Staff: Available to facilitate travel arrangements and reservations, complete travel request forms, provide access to Traveler’s available travel budget balance, agenda reports for City Council approval, and other administrative support relating to travel and complying with this travel policy.

C. City Council (or designee): Approves travel requests before travel. The City Council may delegate this authority, but they are ultimately responsible for ensuring that all approved travel requests comply with the travel policy and that funds are available within the Traveler's budget for the approved travel. An approval of the City Council means a majority vote of the City Council at a public City Council meeting.

D. City Manager (or designee): Approves travel reconciliations and reimbursements of Traveler after travel. The City Manager may delegate this authority, but they are ultimately responsible for ensuring that all approved reconciliations and reimbursements comply with the travel policy and that funds are available within the budget for the final reimbursement. If the budget is exceeded after approved travel occurred, the Traveler would need to let the Traveler F.4.a
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know and agendize a budget amendment for City Council approval.

E. Traveler: Represents the City of Hollister at an approved event (meeting, training, conference, etc.) and verifies the accuracy of bills and other travel documents before accepting or paying said bills, reports all expenses promptly and accurately with the required documentation, and requests reimbursement for necessary and reasonable expenses.

2.2 General Provisions

A. Travelers are responsible for understanding and complying with this travel policy and are expected to exercise good judgment with respect to travel expenses.

B. It is the policy of the City of Hollister that no Traveler shall experience personal financial loss for reasonable and necessary costs as a result of representing the City of Hollister, as long as the expenses are within the guidelines set forth in this policy.

C. Each City Council Member will have a travel budget set annually during the budget adoption. City Council Members may not exceed their travel budget. City Council may approve increases to a travel budget.

D. Non-City Council Members traveler budget amounts will be set annually during the budget adoption as a pool of funds available for all non-City Council member travel.

E. Business travel commences when the Traveler leaves his/her home or City Hall for official City business for a destination at least 25 miles outside the City. Generally, business travel ends when the Traveler returns to their residence or City Hall. Same Day Travel: Trips of less than 25 miles one way from Hollister are considered local travel and do not qualify for an overnight stay or per diem rates.

F. Attendance at out-of-state conferences and meetings should be limited to events where comparable conferences or meetings are not available within the state or online.

G. Travelers shall provide brief reports at the next regular meeting on their business travel and meetings attended at the expense of the City (as required by Government Code 53232.3(d)).

H. If a trip includes both business and personal travel, Travelers are personally responsible for any personal travel expenses.

I. Reimbursement of travel expenses is limited to travel by the most direct and common route and by the most economical means of transport. That portion of any travel, which is unnecessarily done by indirect route, is not in the interest of the City, or is for personal business, will not be reimbursed.

J. Expenses which are not approved or which are not in compliance with this policy, such as delinquent submission of travel documents or outstanding balances owed to the City, will become the Traveler's personal responsibility and may result in any one or more of the following consequences (as outlined in Government Section 53232.4):

1. Notification to the full City Council regarding violations of this policy.

2. Reporting travel advances or expense reimbursements as taxable income to the Internal Revenue Service (IRS) and State of California taxing authority.

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3. Suspension of travel privileges at the discretion of the City Council.

4. Formal disciplinary procedures at the discretion of the City Council.

5. Require the Traveler to return any travel funds that were advanced.

2.3 Authorization for Travel

A. Travelers must obtain City Council or authorized designee approval prior to making travel arrangements.

B. Travelers are personally responsible for any changes or upgrades in transportation and/or accommodations that are not approved by the City Council or designee.

2.4 Examples of types of travel which are covered by this policy are as follows:

A. Attendance at City events, an approved conference, convention, hearing, training, seminar, or other meeting.

B. Communicating with representatives of regional, state, and national government on City adopted policy positions.

C. Attending educational seminars designed to improve Traveler's skills and knowledge levels.

D. Participating in regional, state, and national organizations whose activities affect the City's interests.

E. Implementing a City-approved strategy for attracting or retaining businesses.

F. Other such activities requiring travel which is clearly necessary and in the best interest of the City.

2.5 Travel Funded by Another Entity

In advance of travel, the City Council must determine if the Traveler is to be reimbursed at either the City's or the other entity's per diem rate. If the travel costs are borne by the City, reimbursement from the other entity shall be paid to the City. If another entity's funds are used, no City advance shall be made unless approved by the City Council or authorized designee.

2.6 Public Records Requirement

All documents related to reimbursable City travel expenditures are public records and may be subject to disclosure under the California Public Records Act (Government Code §6250-6270). The City's Records Retention Schedule requires that travel documents be retained for five (5) years.

3. Travel Arrangements

3.1 Advances for estimated out-of-pocket expenses will not be issued for less than $100.

3.2 In order to assure timely arrangements, advances, prepayments, reconciliations, and reimbursements, Travelers should consider the following timelines:

A. Within ten (10) working days prior to the City Council meeting to approve the request: The travel request should be coordinated with the City Manager’s Staff to agendize the travel request for City Council approval.

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B. At least ten (10) working days prior to the trip: City Council approval date should be at least ten (10) working days prior to the trip. Requests for advances and prepayments (such as those for hotel reservation and course/conference registration) are to be submitted to the Finance Division.

C. Within twenty (20) working days following the trip (unless on a CalCard): The required receipts are to be submitted to the Finance Division upon return from the approved trip. The following table highlights acceptable types of travel documentation:

Item Documentation Required
Meals and Incidentals None unless Traveler claims actual costs if he or she exceeds Incidentals the daily per diem.

Lodging 1. Hotel receipts must be itemized.

2. Meals charged to the room should be listed separately from hotel charges.

3. Credit card receipts may not be substituted for itemized hotel receipts.

Transportation (Air,
Ground, Rail, or Bus)
Itinerary or confirmation document.

Itemized receipt unless not available.

Registration Fees Receipt and copy of conference agenda.

City Vehicle Gas receipts- unless Traveler was issued a City Calcard.

Private Vehicle 1. Authorization by City Council or authorized designee.

2. Documentation that demonstrates mileage calculation (e.g., Internet- based map with mileage).

3. Gas is not reimbursed as it is part of the mileage rate.

3.4 Emergency Travel

Emergency travel is applicable only when time constraints between completion of approval from City Council and the date of the actual event do not allow for standard procedures to be followed. In this occasion, the City Council or their authorized designee must approve the travel request as soon as possible after the fact. Generally, conferences and meetings do not constitute emergency travel. City policy regarding transportation, lodging, meals, registration, and mileage are still applicable.

4 Lodging

4.1 Lodging Reimbursement

Reimbursement of lodging is limited to the actual cost of a single room. When making arrangements for lodging, the government, group, conference, or promotional rates shall be requested. The City will not reimburse the Traveler for luxury upgrades (e.g., ocean views, king-size beds, suites, etc.). When lodging at a conference facility is full, lodging at a comparable hotel shall be acceptable. An original, dated and itemized hotel receipt must accompany completed claims for lodging.

4.2 Cancellations

Hotel cancellations are the responsibility of the Traveler. Hotels generally require a 48-hour advance notice for cancellations. Any cancellation charges incurred will be billed to the Traveler unless reasonable justification is provided and approved by the City Council or authorized designee.

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4.3 Companion Travel

When a spouse, domestic partner, or other companion travel with a Traveler on official business, reimbursement for the Traveler's lodging will be at the single occupancy rate for the accommodations.

If the Traveler arranges for the lodging it is the responsibility of the Traveler to obtain the lodging rate for both single and double occupancy.

4.4 Lodging in a Private Residence

Travelers who stay in a private residence with relatives or friends while traveling on business are not eligible for reimbursement of lodging costs.

5 Meals

5.1 Reimbursement Rates

Reimbursement for meals shall be made only when travel extends for a minimum of six (6) hours except when specifically approved otherwise by the City Council or authorized designee.

Reimbursement shall be at the current per diem rate established by the U.S. Government General Services Administration (GSA).

If the meal expense exceeds the per diem maximum, a memorandum or e-mail justifying the additional expenses must be approved by the Administrative Services Director or authorized designee. Itemized receipts are required for all meal reimbursement claims that exceed the per diem amount.

Note: As a reminder, IRS rules state that meal reimbursements for non-overnight travel results in taxable income to the City Council member.

5.2 Reimbursement Schedule

In order to be reimbursed for the cost of meals, travel must begin or end as shown in the following schedule:

Meals Departure on Initial Day
of Travel
Return on Final Day of
Travel
Breakfast Before 7:00 am After 10:00 am
Lunch Before 11:00 am After 2:00 pm
Dinner Before 4:00 pm After 7:00 pm

To determine eligibility for reimbursement, travel shall be considered to begin when the Traveler departs his or her residence or City Hall.

5.4 Tips

Gratuities for meals are included in the per diem rates and are not reimbursed separately.

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6 Transportation

Travel will be by the most economical means available, taking into consideration requirements for meal reimbursement, lodging, and Traveler time. When a private vehicle is used as the means of transportation, reimbursement will be in an amount not to exceed the lowest available airfare.

However, if a location is not served by an airline, reimbursement will be provided for travel by the most direct route.

6.1 Air Travel

A. Arrangements

1. Air travel arrangements for Travelers are to be made by the Traveler through the Internet, travel agency, or directly through the common carrier.

2. The Traveler will arrange for reservations and tickets for approved travel requests. The most economical means available fare will be used for air travel. As a general rule, Travelers will be expected to accept flights departing within two (2) hours of the desired departure time.

B. Changes, Cancellations and Unused Tickets

Generally, tickets are non -refundable and non-transferable and fees will be incurred for any changes made once the reservations are booked. Flights with cancellation penalties should be carefully monitored by the Traveler. If cancellation occurs due to a City -related change or circumstances beyond the Traveler's control, the Traveler’s budget will pay for the penalty cost.

However, if the cancellation occurs due to a Traveler's personal request, the Traveler will be required to pay the penalty. Unused tickets or portions of unused tickets must be returned to the department. For tickets purchased through the Internet, the Traveler should work with the City Manager’s office to ensure credit is received for unused tickets or portions of unused tickets.

C. Privately-owned Aircraft

Travelers are prohibited from piloting or traveling in privately -owned aircraft (i.e., non-commercial airlines), while conducting City business without written approval of the City Council. Written approval will be maintained by the City Manager’s office.

D. Frequent Flyer Mileage

Travelers may participate in frequent flyer programs however the City will not incur extra expenses in order to accommodate the Traveler's preferred frequent flyer program.

6.2 Car Rental

A. Travelers should use public transportation (taxis, airport shuttles, buses, etc .) whenever it is more economical than a rental car. City Council may approve car rentals. Generally, a rental car should be requested when:

1. Multiple business meetings require travel between locations and public transportation is impractical.

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2. Two travelers are attending the same meeting and one rental car for the group would be more economical.

3. It is less expensive to rent a car overall compared to alternative forms of transportation.

B. Arrangements

Travelers should request car rental arrangements through the Enterprise Rent-a-Car App on the City’s intranet page. This agreement was established for use by the State of California, whose rates (which includes insurances) have been made available to the City.

C. Insurance

Because the City of Hollister assumes risk for a Traveler conducting official City business, it is not necessary for the Traveler to purchase extra insurance coverage when renting a car for City business use. Additionally, Travelers are encouraged to use rental agencies that have contracts with the State of California because those rates generally include the Collision Damage Waiver and Liability Coverage. Travelers may choose to purchase additional insurance, but it will not be reimbursed by the City.

D. Fuel

Travelers must fill the gas tank before returning a rental car to avoid fuel surcharges. Or, if it is the most economical means available a Traveler can use the prepaid fuel option. Receipts are necessary for reimbursement of fuel costs unless the Traveler uses a City-issued CaIcard.

6.3 Travel by City Vehicle

A. Travelers who use City vehicles must follow the provisions of the City's Policy.

B. If more than one Traveler is traveling on the same trip, all reasonable efforts will be made to minimize transportation costs by use of a single vehicle.

6.4 Travel by Private Vehicle

A. Authorization

City Council or designee approval is required when the Traveler requests to use a private vehicle.

B. Reimbursement

The City will reimburse for mileage at the current IRS standard rate per mile which includes gas, maintenance, and vehicle related costs. Gas costs will not be reimbursed separately. The City's maximum mileage reimbursement will not exceed the cost of the lowest available airfare.

C. Carpooling Travelers

Mileage reimbursement will be payable only to the owner of the vehicle in which the Travelers are carpooling.

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6.5 Collisions/ Accidents

A. City Owned Vehicles and Privately Owned Vehicles

Travelers who are involved in vehicle collisions or accidents while driving a City owned vehicle or privately owned vehicle while on City business are required to file an accident report with Risk Management within 24 hours (48 hours if the accident occurs on a weekend).

B. Rental Cars

Travelers who are involved in vehicle collisions while driving a rental car must report the accident to Risk Management within 24 hours (48 hours if the accident occurs on a weekend). The Traveler should keep a copy of all pertinent information and provide copies to Risk Management to assist in settling claims.

6.6 Other

Trains, buses, ferries, or other means of ground transportation may be used. Reimbursement will not exceed the cost of the most economical means available.

7 Additional Reimbursements

7.1 Incidental per diem.

For each day of travel, the employee will receive a reimbursement at the current GSA daily rate for incidental travel expenses. Personal telephone calls, baggage handling, and bellhop tips are examples of incidental costs covered by this per diem.

7.2 Other Reimbursable Expenses

A. The following expenses are reimbursable at actual cost with receipts:

1. Necessary taxicab, Uber or Lyft, airport transportation, bus fare, bridge tolls, etc.

2. Conference materials such as tapes, reports, etc.

3. Parking fees

4. Reasonable telephone/fax/internet connectivity charges associated with official City business

5. Visa and passport expenses, when directly related to City travel

B. Without receipt at actual cost:

1. BART (Bay Area Rapid Transit) and other rapid transit system fares (must include fee schedule with reimbursement request).

C. Other justifiable expenses

Other justifiable expenses will be approved based on review of special circumstances.

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7.3 Non-reimbursable Expenses

A. Airline-related: Airline club membership dues, air-phone usage, in-flight headsets B. Alcoholic beverages
C. Auto-related: Rental upgrades, personal auto repairs, accident insurance, parking tickets, traffic violations, personal auto expenses other than mileage
D. Claims submitted for reimbursement more than twenty (20) working days following the Traveler's return from the approved trip
E. Expenses associated with a non-City employee who accompanies the Traveler on official City business (e.g., spouse or domestic partner's transportation, lodging, and/or meals) F. Hotel-related: Health club fees, room upgrades, movie rentals, mini-bar usage G. Loss or theft of personal funds, property or luggage H. Non-essential program activities associated with a conference/seminar unless approved by City Council, such as sports tournaments, social activities, tours, etc., that are not included with the conference registration
I. Personal expenses: Personal credit card annual fees, babysitting or dependent care, pet care (including kennel and pet sitting fees), computer rental for personal use, barber, hairdresser, laundry, spa services (sa unas, massages, facials, etc.), toiletries, shoeshine, etc.

7.4 Extended Personal Travel

Travelers who combine personal travel with business travel must identify and pay for the personal segment of the trip. The City will not reimburse a Traveler for expenses incurred beyond the most economical means available portion of the business travel when the Traveler chooses to extend his/her time at the destination for personal reasons (i.e., the Traveler takes vacation or stays through the weekend). Reimbursable expenses will cease to accrue when the Traveler is outside the most economical means available portion of the business portion of the trip. Reimbursement for car rental and airport parking must be prorated to allow reimbursement for only those costs associated with City business.

8 International Travel

The most economical and practical accommodations available considering the purpose of the meeting, transportation costs, time and other relevant factors will be reimbursed. Receipts for international travel must be itemized and accompanied by an exchange rate calculation.

International travel should have prior approval from the City Council.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: JUNE 5, 2023
SUBMITTED: May 31, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Christine Hopper, Development
Services Director

SPONSOR(S): Resendiz

TITLE OF ITEM: CITY COUNCIL OF THE CITY OF HOLLISTER CONSIDER REFUNDING APPLICATION FEES FOR CONDITIONAL USE PERMIT 2022-8

BRIEF DESCRIPTION: At a regular meeting of the City Council held on May 1, 2023, the Council provided direction to return with a report regarding a request for a refund of fees for the withdrawn application for Conditional Use Permit 2022-8. This report summarizes the application submittal, subsequent staff review, and withdrawal request associated with the fee refund request.

RECOMMENDATION: Receive report and provide direction regarding the fee refund request for Conditional Use Permit 2022-8.

DEPARTMENT SUMMARY: At a regular meeting of the City Council of the City of Hollister held on May 1, 2023 the City Council provided direction to bring back a report regarding a request for a refund of fees paid with respect to Conditional Use Permit (CUP) 2022-8. This report summarizes the application submittal for CUP 2022-8, staff time spent processing the application, and the subsequent request for withdrawal and a refund of fees by the applicant. The application for CUP 2022-8 proposed the establishment of a new wine bar use at 191 San Felipe Road, Suite H within the existing shopping center. This application did not propose any exterior façade changes to the existing building.

Conditional Use Permit requirement for Alcohol Uses: Per Hollister Municipal Code (HMC) Section 17.22.070 Alcohol Uses, the off-site and on-site sale of alcohol is a permitted use, subject to issuance of a CUP. An exception to the CUP requirement for alcohol uses is granted by this code section for restaurants with kitchen facilities that offer on-site dining, and a bar area that does not exceed 30 percent of the gross floor area of the premises. The wine bar proposal associated with CUP 2022-8 did not include restaurant/kitchen facilities sufficient to qualify for this exemption, therefore requiring that the proposed project be evaluated with a CUP application, subject to the determination of the Planning Commission after a complete application submittal had been received and reviewed by staff.

Review of CUP 2022-8: Prior to any official application submittal, the initial inquiry related to this application originated in August of 2022, when Mr. David Addamo contacted the City of Hollister Planning Division to request information regarding permit requirements to open a wine bar in the City of Hollister in a suite of an existing shopping center located at 191 San Felipe Road in the General Commercial (GC) Zoning District.

After discussing the proposed project and location that Mr. Addamo was inquiring about, Mr. Addamo was informed by Planning Division staff of the requirement to submit an application for a Conditional Use Permit. A timeline of communications regarding this G.1
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initial inquiry, application submittal and review through to application withdrawal is summarized below, followed by an estimate of staff time spent on each item.

 August 8, 2022 – Mr. Addamo emailed the Planning Division requesting sign off of a form issued by the California Department of Alcoholic Beverage Control (ABC) for zoning verification for a wine tasting room located at 191 San Felipe Road, Suite H (APN 051-090-011).

 August 10, 2022 – Senior Planner Ambur Cameron emailed ABC regarding the paperwork provided by Mr. Addamo, indicating a CUP would be required by the City and seeking verification of the requirements by ABC. (10 minutes)

 August 11, 2022 – Mr. Addamo emailed the Planning Division requesting to speak with a Planner about CUP requirements.

 August 12, 2022 – Associate Planner Liz Gagliardi spoke with Mr. Addamo on the phone regarding CUP application requirements and submittal process. A follow up email was sent to Mr. Addamo the same day along with an application form and fee estimate for the CUP. (1 hour)

 August 12, 2022 – ABC provided a response to Ms. Cameron’s email, explaining the ABC license requirements for Mr. Addamo’s business. In this email, ABC confirmed that Mr. Addamo’s business would be subject to all rules and regulations set forth by the City (in this case, a CUP), and that he had been advised of this over the phone by ABC.

 August 15, 2022 – Mr. Addamo met with Associate Planner Liz Gagliardi at the Planning counter for a scheduled CUP submittal appointment, and answered his questions about the application requirements. However, the application was not submitted at this appointment, as Mr. Addamo did not bring required items or application fee. (15 minutes)

 August 23, 2022 - A follow up email clarifying the application process discussed with Mr. Addamo at his August 15th appointment. (15 minutes)

 August 29, 2022 - Mr. Addamo called to discuss the application requirements further, and asked if any reduction of fees could be provided for the CUP application. Ms. Gagliardi answered Mr. Addamo’s questions and explained that staff do not have the authority to waive fees, but offered to follow up with the Development Services Director regarding his request. A summary of this phone conversation was emailed to Mr. Addamo the same afternoon. (30 minutes)

 August 30, 2022 - After receiving direction from the City Manager’s office through the Development Services Director, Planning staff emailed Mr. Addamo to inform him that a 50% reduction of fees would be applied to his CUP Application. Mr. Addamo did not respond immediately to staff’s email informing him of this fee reduction determination. (20 minutes)

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 October 3, 2022 - Mr. Addamo sent an email requesting a CUP application submittal appointment with Planning for October 10th, but did not respond after staff offered available submittal times.

 October 31, 2022 – Mr. Addamo emailed Planning to request a submittal appointment for the following day.

 October 31, 2022 – Ms. Gagliardi emailed City Manager and Development Services Director at the time requesting clarification about the fee reduction previously discussed for Mr. Addamo’s application submittal appointment.

Confirmation was given by the City Manager to honor a 50% reduction based on the current fee schedule at the time of his submittal. (15 minutes)

 November 1, 2022 – Staff emailed Mr. Addamo to confirm the appointment time and required submittal items. Mr. Addamo came in for his scheduled submittal appointment, but was still missing required items. Staff explained the application requirements to Mr. Addamo once again and set him up with an appointment to return with the required items the following day, November 2, 2022. (60 minutes)

 November 2, 2022 - Mr. Addamo again showed up for his submittal appointment missing required items. Staff reiterated the submittal requirements to Mr.

Addamo, and let him know the application submittal would be incomplete if required information was missing from his submittal package. Mr. Addamo requested that staff process the incomplete application. Mr. Addamo’s application was taken in with his payment of the 50% reduced fee and assigned project number CUP 2022-8. Staff informed Mr. Addamo that the application would be reviewed for completeness, and any incomplete items would be identified in a written comment letter outlining next steps for resubmittal. (30 minutes)

 November 15, 2022 – The application for CUP 2022-8 was discussed at a Development Review Committee (DRC) meeting. Applications for planning entitlements are routed to the City of Hollister Development Review Committee (DRC) for review and comment by applicable agencies. Mr. Addamo’s application for CUP 2022-8 was routed to DRC for review shortly after his official submittal to request comments from DRC agencies. The project was discussed at the regular DRC meeting held on November 15, 2022. (30 minutes – DRC Staff)*

*Note that this time estimate does not account for review time and written comments provided by DRC agencies outside of the DRC meeting discussion.

 December 7, 2022 - After being reviewed for completeness, Mr. Addamo’s application was missing several items and was determined to be incomplete.

Comments were returned to Mr. Addamo in a written Notice of Incomplete Application dated December 7, 2022, outlining all items required for resubmittal. (4 hours)

 January 11, 2023 - The property owner of 191 San Felipe Road where Mr.

Addamo’s proposed wine bar would be located, contacted the Planning Division G.1
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regarding the status of the application. Staff provided the update that the application had been deemed incomplete, and that Mr. Addamo would need to resubmit the required items pursuant to the December 7, 2022 Notice of Incomplete Application. (15 minutes)

 February 10, 2023 – The Planning Division was copied on an email containing a completed Recology San Benito questionnaire (one of the required items for the project resubmittal).

 February 17, 2023 – Staff emailed Mr. Addamo regarding the Recology San Benito questionnaire received to clarify resubmittal requirements. (10 minutes)

 February 28, 2023 - Mr. Addamo emailed to request a meeting with the assigned planner, Liz Gagliardi to discuss the status of his application.

 March 1, 2023 - Ms. Gagliardi met with Mr. Addamo via Zoom to answer his questions about the Notice of Incomplete Application comments, and outline next steps for his resubmittal. An appointment was scheduled for Mr. Addamo to resubmit the application the following day. (30 minutes)

 March 2, 2023 - A resubmittal of the application for CUP 2022-8 was received by the Planning Division on March 2, 2023. During the review period of the resubmittal application, Mr. Addamo contacted Planning Division staff and expressed that he might want to withdraw his application. (15 minutes)

 March 29, 2023 - Ms. Gagliardi followed up with Mr. Addamo via email informing him that the application would be considered active unless a written withdrawal request was received. (5 minutes)

 March 31, 2023 - The application was reviewed, and several items identified in the initial incompleteness notice were still missing, so a second Notice of Incomplete was sent to Mr. Addamo dated March 31, 2023 outlining required items for resubmittal in order to complete the application and for staff to review the application and move his project forward. (4 hours)

 April 2, 2023 - Mr. Addamo provided a written request to withdraw his application for CUP 2022-8, and requested a full refund of fees paid. Staff replied to confirm Mr. Addamo’s withdrawal request, but informed him that staff do not have the authority to waive or refund fees. Upon further discussion with current leadership, only the City Council has the authority to waive fees. Mr. Addamo was informed that he may bring his refund request before the City Council in order for a determination to be made in accordance with proper policies and procedures.

Payment of Fees and Request for Refund. As outlined above, Mr. Addamo paid a 50% reduced fee for his initial application, as authorized by the City Manager at the time the application was submitted. The fee paid for this Conditional Use Permit application was a total amount of $3050.46, which is half of the amount typically collected for a Conditional Use Permit application ($6100.92). Current leadership has reviewed the withdrawal request, and determined that neither the City Manager’s office, nor staff, G.1
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have the authority to waive or reduce fees for an application. In this case, past leadership did authorize a reduced fee for the application submittal as summarized in this report. Fee waivers, reimbursements of fees paid after staff time has been spent processing an application, or reductions to fees may only be authorized with direction by the City Council.

Withdrawal of Application. The application was withdrawn voluntarily by the applicant after the initial submittal and first resubmittal of the application were reviewed by staff and determined to be incomplete for processing, as several items were missing from both submittals. All incompleteness items were clearly identified by staff in the two Notice of Incomplete application letters, provided on December 7, 2022 and March 31, 2023.

Specifically, the following items were outstanding on the application and would be required in order for the application to be deemed complete in accordance with §65943 of the Government Code. These items were noted in the March 31, 2023 Notice of Incomplete application letter attached to this report.

1. The plan set should be ordered in the proper sequence as outlined on the City of Hollister’s General Development Application checklist;

2. All sheets shall be dated;

3. The Title Sheet was missing a page number and a Table of Contents listing all of the plan set sheets;

4. Elevations of exterior walls were to be provided. If no exterior changes are proposed, color photographs are an acceptable substitute;

5. The floor plan was missing the following information:
a. Page number and date;
b. Total square footage of the retail sales area;
c. The rooms shown on the site plan needed to be clarified as to their proposed use and whether they would be accessible to customers or employees only;

6. Provide information on the details (size, elevations) of the existing trash enclosure which was proposed to be used for the project;

7. Provide a lighting a security plan meeting the requirements of Hollister Municipal Code Section 5.46.020;

8. Provide the documentation from the California Department of Alcoholic Beverage Control (ABC) on the license type(s) that are being sought at the project location, and/or the license number or license agreement if the project is affiliated with an existing ABC license; and,

9. Provide verification from ABC that a determination of Public Convenience or Necessity will or will not be required at this location for the proposed use.

If the above items had been submitted to the Planning Division, the application would have been determined complete and the application scheduled for hearing before the Planning Commission and City Council.

Staff Time/Costs for CUP 2022-8. A conservative estimate of staff time spent on the review of the application for CUP 2022-8 after the application was formally submitted indicates that Planning Division staff spent a total of approximately 4 hours related to G.1
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inquiries prior to the formal submittal of an application for CUP 2022-8, plus approximately 10 hours of time after the application submittal working on the project.

Additionally, these time estimates do not account for staff time spent related to this project after the application was withdrawn by the applicant, including time spent by staff to process the withdrawal request, as well as preparation of this report. Note that staff time estimates above also do not include hours of staff time spent by DRC agencies reviewing the application submittal prior to discussion at the DRC meeting.

Below is a conservative estimate of time and costs associated with review of this application, including estimate of time spent on the application by DRC reviewers, based on an average fully-burdened rate of the Planning Division staff.

Estimated Planning Staff Costs for Processing CUP 2022-8 - (Estimated fully-burdened rate of $154.66 per hour) @ 14 hours = $2,165.24

Estimated Planning Staff Costs for Additional Work after CUP Withdrawn – 5 hours (conservative estimate) = $773.30

Estimated Costs for Other Staff Review - (Estimated fully-burdened rate of $154.66 per hour) est. 8 reviewers @ 2 hours per reviewer (conservative estimate) = $2,474.56.

Total Estimated Cost for staff review of CUP 2022-8 - $5,412.80

FINANCIAL IMPACT: If full amount of application fee refunded - $3,050.46. With estimate of staff costs associated with the processing of this application, the total project cost to date is conservatively $5,412.80. With the 50% application fee reduction previously approved by the previous City Manager, the project costs are $2,362.34 over the application fee payment of $3,050.46

CEQA: The refunding of application fees is not a project subject to CEQA.

ATTACHMENTS:

1. 1. ABC Email

2. 1.1 ABC Email attachment (ABC255 Form)

3. 2. CUP Email Thread (8.12, 8.23, 8.29, 8.20, 10.4)

4. 3. Fee Reduction email from CM (10.31)

5. 4. Nov. 1 Appointment Confirmation

6. 5. Nov. 1 follow-up & Appointment confirmation for Nov. 2

7. 6. CUP 2022-8 Fees & Receipt

8. 7. DRC Review Request

9. 8. 1st Notice of Incomplete_12.7.2022_CUP 2022-8

10. 9. Email to 191 San Felipe property owner 1.11

11. 10. Recology questionairre email

12. 11. resubmittal appt. confirmation

13. 12. 2nd Notice of Incomplete_3.31.2023_CUP2022-8

14. 13. Withdrawal Request
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1 Planning Dept
From:Lefler, Marilyn@ABC
Sent:Friday, August 12, 2022 3:13 PM
To:Planning Dept
Subject:RE: Scan Aug 8, 2022 at 9.48 AM
Follow Up Flag:Follow up
Flag Status:Completed
Hi Ambur,

I did speak with Mr. Addamo and what he’s referencing is the ABC-255 form not being required from ABC because he’s a non-retail business. Any manufacturer (type 02 winery) like he has is considered non-retail and does not require PCN or the ABC-245 document. His business doesn’t fall under the umbrella of requiring findings for over concentration or high crime.

Now, having stated that – he does have to follow all rules and regulations that the city puts forth when a business wants to operate within their jurisdiction. Which he was advised over the phone.

I hope that clarifies, thank you.

Marilyn Lefler
ABC- Licensing Rep II
Salinas District Office
1137 Westridge Parkway
Salinas, CA 93907
831-755-1990 Office
831-755-1995 desk
831-755-1997 Fax

FREE Online
ABC LEAD Training!

Recommended for ALL
individuals that sell or
serve alcoholic
beverages

Visit our website to get
started today!

From: Planning Dept
Sent: Wednesday, August 10, 2022 3:01 PM
To: Lefler, Marilyn@ABC
Subject: FW: Scan Aug 8, 2022 at 9.48 AM

CAUTION: External Email. Do not click on links or attachments unless you recognize the sender and know the content is safe.

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2 Good afternoon Marilyn,

I just wanted to let you know that a gentleman by the name of Gaetano David Addamo forwarded the City of Hollister’s Planning Division the attached ABC-255 form. Mr. Addamo seems to be reluctant to have the City fill out this form and confused about the ABC’s permitting process. He has listed the type of license that he is applying for as a “Duplicate 02”, and that he looking to establish a wine tasting room. This type of business would require a Conditional Use Permit per the Hollister Municipal Code. Could you please confirm whether this location in undue concertation area and would require the determination of a public convenience or necessity?

Kind regards,

Ambur Cameron, Senior Planner
Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

From: Gaetano Addamo
Sent: Monday, August 8, 2022 9:50 AM
To: Planning Dept
Subject: Scan Aug 8, 2022 at 9.48 AM

Good morning
Can I get the attached signed off
Thanks

Created with Scanner Pro

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1 Planning Dept
From:Planning Dept
Sent:Tuesday, October 4, 2022 9:23 AM
To:'Gaetano Addamo'
Subject:RE: Submittal Appointment for CUP at 191 San Felipe Good morning,

Below we have provided the available appointment times for Monday October 10, 2022:

9:00AM
11:30AM
1:30PM
2:00PM
3:00PM
3:30PM

Please let us know what time works best for you.

Sincerely,

City of Hollister Planning Division

Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

From: Gaetano Addamo [ mailto:[email protected]]
Sent: Monday, October 3, 2022 5:35 PM
To: Planning Dept
Subject: Fwd: Submittal Appointment for CUP at 191 San Felipe

Sent from my iPhone

Begin forwarded message:

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2 From: Gaetano Addamo
Date: October 3, 2022 at 5:29:04 PM PDT
To: [email protected]
Subject: Submittal Appointment for CUP at 191 San Felipe Hi Liz can we setup a time for submittal on Monday Morning 10/10/22 Thanks
Sent from my iPhone

On Aug 30, 2022, at 4:02 PM, Gaetano Addamo wrote:

Sent from my iPhone

Begin forwarded message:

From: Planning Dept
Date: August 30, 2022 at 1:39:01 PM PDT
To: Gaetano Addamo
Subject: RE: Submittal Appointment for CUP at 191 San Felipe

Good afternoon David,

Thank you for your patience as I looked into this further. I wanted to let you know that I have confirmed with our Director and the fee for the Conditional Use Permit will be reduced to $2,856.66 (a 50% reduction from the original fee amount of $5,713.31). Please let us know when you would like to schedule a submittal appointment to bring in the materials for the Conditional Use Permit, per my email sent on 8/29/2022.

Kind Regards,
Liz Gagliardi, Associate Planner

Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

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3 From: Planning Dept
Sent: Monday, August 29, 2022 2:25 PM
To: 'Gaetano Addamo'
Subject: RE: Submittal Appointment for CUP at 191 San Felipe

Good afternoon David,

Following up on my phone call this afternoon regarding the Conditional Use Permit application process. When you are ready to schedule a submittal appointment, please contact the Planning Division at [email protected] or (831) 636-4360 to set up an appointment.

The following materials will be required for the CUP Application submittal:

CUP Application Submittal Materials:

1. Completed General Development Application Packet with wet signatures (see attached)

2. Two (2) sets of 24”x36” hardcopy plans, and one (1) electronic set of plans which shall include the following. All drawing must be to scale:

1. Title Sheet

2. Site Plan

3. Floor Plan

4. Building Elevations or photos of the building exterior

3. A statement of business operations; including: a complete description of the proposed use, number of employees, days and hours of operation, time and frequency of deliveries, etc.

4. Preliminary Title Report (dated within the last six months)

5. Associated fees for the CUP Application. I will have to confirm with my Director regarding any reductions in fees, and can follow up with a fee estimate.

Sincerely,
Liz Gagliardi, Associate Planner

Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

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4 From: Planning Dept
Sent: Tuesday, August 23, 2022 10:50 AM
To: 'Gaetano Addamo'
Subject: RE: Submittal Appointment for CUP at 191 San Felipe

Good Morning David,

I apologize for the slow reply, but wanted to follow up with you regarding the Conditional Use Permit for your proposed wine tasting bar business. Per our conversation last Monday 8/15, I did confirm with our Development Services Director that the Conditional Use Permit is required for alcohol sales, in accordance with HMC Section 17.22.070. I did want to clarify regarding the application submittal requirements, which I have listed below. While we do require that plans be submitted in order for our staff to review the proposed use, formal as-builts will not be required. However, all drawings should be done to scale, dated, and provided with the application on 24”x36” paper.

CUP Application Submittal Materials:

6. Completed General Development Application Packet with wet signatures (see attached)

7. Two (2) sets of 24”x36” hardcopy plans, and one (1) electronic set of plans which shall include the following:

1. Title Sheet

2. Site Plan

3. Floor Plan

4. Building Elevations or photos of the building exterior

8. A statement of business operations; including: a complete description of the proposed use, number of employees, days and hours of operation, time and frequency of deliveries, etc.

9. Preliminary Title Report (dated within the last six months)

10. Associated fees for the CUP Application ($5,713.31)

To schedule an application submittal appointment, or if you have any questions, please email [email protected] or give us a call at (831) 636-4360.

Kind Regards,
City of Hollister Planning Division

Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

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5 ALL Planning Applications require an appointment with a City Planner for submittal.

From: Planning Dept
Sent: Friday, August 12, 2022 3:10 PM
To: 'Gaetano Addamo'
Subject: Submittal Appointment for CUP at 191 San Felipe

Good Afternoon David,

This email is confirming your submittal appointment for a Conditional Use Permit (CUP) on Monday, 8/15 at 9:00 AM.

Additionally, to follow up on our phone call earlier, regarding your questions about the CUP requirements, the CUP is required based on the change of use. In accordance with Hollister Municipal Code (HMC) Section 17.22.070, alcohol sales require a Conditional Use Permit. The fee for this application is $5,713.31 (see attached fee estimate calculation).

I have also attached a copy of the General Development Application. As you mentioned, the proposed project is within an existing building. The Planning Division will still require that plan sets including the required items listed in the Site Plan Guidelines and Requirements be submitted for a complete application. If no changes to the existing structure or site plan are proposed, these plans should show the as-built floor plan and site plan. If no changes are proposed to the exterior façade, Sheet #5, the Grading and Drainage Plan, can be omitted as this would not be applicable for the proposed project.

The following items will be required at the Submittal Appointment:

1. Completed General Development Application Packet with wet signatures

2. Two (2) 24”x36” hardcopy sets of plans

3. One (1) PDF electronic version set of plans (can be on a USB or emailed to [email protected])

4. A copy of a recent Preliminary Title Report (dated within the last 6 months)

5. Associated fees (see attached fee estimate calculation)

If you have any questions, please email [email protected] or give us a call at (831) 636-4360.

Kind Regards,
Liz Gagliardi, Associate Planner
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6 Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

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1 Planning Dept
From:Brett Miller
Sent:Monday, October 31, 2022 4:35 PM
To:Planning Dept; Adrianna Ortiz
Cc:Eva Kelly
Subject:RE: Fees for CUP (191 San Felipe, David Addamo) Follow Up Flag:Follow up
Flag Status:Completed
Do the 50% on the new fee.

From: Planning Dept
Sent: Monday, October 31, 2022 1:27 PM
To: Brett Miller ; Adrianna Ortiz
Cc: Eva Kelly
Subject: Fees for CUP (191 San Felipe, David Addamo)

Good afternoon Brett & Adrianna,

As you may recall, a few months ago we had been in communication with Mr. David Addamo, who needs to submit an application for a Conditional Use Permit for his wine bar business located at 191 San Felipe Road. Back in August I believe Mr. Addamo made a request to the City Manager’s Office for a reduction in fees for this CUP. The fee reduction request was approved, but he never submitted an application. We provided him with the next steps back in August, and did not hear from him again until early October when he requested submittal appointment times. We responded with times, but he never replied to schedule (see attached email thread).

This morning, Planning received a new email from Mr. Addamo looking to submit his application for a CUP. Before I go ahead and schedule his submittal appointment, I wanted to ask how I should handle the fees for this application. The fee estimate I last provided him was for $2,856.66 (a 50% reduction from the CUP fee, based on the old fee schedule).

Should we charge him this amount, recalculate a 50% reduction based on the current fee schedule, which would be $3,050.46 (effective as of October 3, 2022), or charge him the full amount of the current fee ($6,100.92)?

Please let me know if you need any additional information.

Thank you,
Liz Gagliardi, Associate Planner

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1 Planning Dept
From:Planning Dept
Sent:Tuesday, November 1, 2022 8:58 AM
To:'Gaetano Addamo'
Subject:RE: CUP submittal
Attachments:General-Development-Application-Packet.pdf
Good morning David,

Following up on my phone call yesterday afternoon, this is confirming your appointment submittal time for 11:00 AM this morning (November 1, 2022) to submit for a Conditional Use Permit (CUP). As discussed, the City will still honor the 50% reduction in the fee for the CUP based on our current fee schedule. The current fee is $6,100.92, so the reduced fee will be $3,050.46.

The following items will be required for submittal:

CUP Application Submittal Materials:
- Completed General Development Application Packet with wet signatures (see attached) - Two (2) sets of 24”x36” hardcopy plans, and one (1) electronic set of plans which shall include the following. All drawing must be to scale:
- Title Sheet
- Site Plan
- Floor Plan
- Building Elevations or photos of the building exterior - A statement of business operations; including: a complete description of the proposed use, number of employees, days and hours of operation, time and frequency of deliveries, etc. - Preliminary Title Report (dated within the last six months) - Associated fees for the CUP Application. We can accept payment by check, card, or cash. The fee owed at your submittal appointment will be $3,050.46.

Kind Regards,
Liz Gagliardi, Associate Planner

Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

-----Original Message-----
From: Gaetano Addamo [ mailto:[email protected]]
Sent: Monday, October 31, 2022 11:17 AM
To: Planning Dept
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2 Subject: CUP submittal

Good morning Liz
Can I come in tomorrow at 11am for submittal?
Thanks
David Addamo

Sent from my iPhone
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Packet Pg. 675

1 Planning Dept
From:Planning Dept
Sent:Tuesday, November 1, 2022 3:24 PM
To:'Gaetano Addamo'
Cc:Brett Miller; Adrianna Ortiz; David Mirrione
Subject:CUP Submittal Requirements - 191 San Felipe
Attachments:General Development Checklist, highlighted requirements.pdf; Submittal Appointment for CUP at 191 San Felipe; RE: Submittal Appointment for CUP at 191 San Felipe; RE:

Submittal Appointment for CUP at 191 San Felipe; RE: Submittal Appointment for CUP at 191 San Felipe; RE: CUP submittal
Good afternoon David,

Following up on our conversation this morning regarding application submittal requirements for your Conditional Use Permit. I left a voicemail earlier this afternoon, but wanted to follow up via email as well. We do have a conflicting appointment already scheduled for 9:00 AM tomorrow, but we would be able to schedule you for 9:30 AM if that works for you. Let me know if you would like to submit at 9:30 tomorrow, or if you would like to schedule a time either later in the day or later in the week.

Additionally, I did confirm the submittal requirements with our Development Services Director, and the materials listed below are required for the application submittal, as outlined in previous emails dated 8/12, 8/23, 8/29, and 11/1 (attached for your reference):

CUP Application Submittal Materials:
 Completed General Development Application Packet with wet signatures  Two (2) sets of 24”x36” hardcopy plans, and one (1) electronic set of plans which shall include the following:
(note all drawing must be to-scale):
o Title Sheet
o Site Plan
 Note that the site plan should depict the entire property and must indicate all existing and proposed businesses/uses, parking (including notations of any assigned parking), landscaping, circulation, etc.
o Floor Plan
o Building Elevations (these can be provided as photographs of the existing building exterior)  Statement of business operations (complete description of the proposed use, number of employees, days/hours of operation, time/frequency of deliveries, etc.)
 Preliminary Title Report, dated within the past 6 months  Associated fees for the CUP Application (check, card, or cash payments accepted). The current application fee, with a 50% reduction as previously discussed, is $3,050.46

For the plan set submittal, please review the attached General Development Application checklist, which outlines requirements for the plan set submittal. I have highlighted items that will be required for your CUP application submittal, and added some notes for clarification. Note that plan sets are required to be drawn by a design professional per the California Business and Professions Code. You are encouraged to check with the property owner to see if they have any drawings that depict the site plan, and floor plan of the existing building. If you have any additional questions regarding the submittal requirements, please let me know.

Kind Regards,
Liz Gagliardi, Associate Planner
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2 Get Involved In Community Planning!
General Plan Update Hollister2040.org|[email protected]

DEVELOPMENT SERVICES DEPT. REGULAR PUBLIC HOURS
Monday – Thursday 8:30a - 12:00p, 1:00p - 4:30p
Friday – Sunday CLOSED

ALL Planning Applications require an appointment with a City Planner for submittal.

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1 Planning Dept
From:Elizabeth Gagliardi
Sent:Monday, November 7, 2022 4:02 PM
To:Charlie Bedolla; Bob Martin Del Campo; Alisia Corpuz; Delia Ramon; Carlos Reynoso; Rosie Betanio; Valerie Reyna; Brett Miller; David Mirrione; Daisy Caceres Cc:Planning Dept; Eva Kelly; Ambur Cameron; Erica Fraser; Vanessa Lopez; Adrianna Ortiz Subject:DRC Review Request_CUP2022-8
Attachments:DRC Router CUP 2022-8.pdf
Follow Up Flag:Follow up
Flag Status:Completed
Good afternoon Development Review Committee,

The Planning Division has received a submittal for Conditional Use Permit (CUP) 2022-8. The applicant, David Addamo, is seeking a Conditional Use Permit to operate a wine bar at this location. The wine bar would be affiliated with an existing ABC license for his wholesale wine business/vineyard, and the 191 San Felipe location would also serve as the office for the business, as he has indicated in the statement of operations provided with the application. The applicant has indicated that there is no new construction proposed as a part of this Conditional Use Permit application.

Please see the attached Project Routing Form and dropbox link below to access the files for the project. Your departments review is requested for this project. We would appreciate your comments as soon as possible for this project; however we do request your departments written comments sent both to myself at [email protected], and to [email protected] by no later than Monday November 21, 2022. If you have any questions during the review of this project, please let me know.

Dropbox Link:
https://www.dropbox.com/sh/sb97bw96fc3vv5a/AAAL_gKh3iaPWwAY_S_I-mIoa?dl=0

Thank you,
Liz Gagliardi, Associate Planner

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City of Hollister
Planning Division

339 Fifth Street, Hollister, CA. 95023  Telephone (831) 636-4360  Fax (831) 634-4913

Wednesday, December 7, 2022

To: Gaetano David Addamo
3060 Airline Highway
Hollister, California 95023

From: Liz Gagliardi, Associate Planner
Development Services Department – Planning Division

RE: Conditional Use Permit 2022-8; Notice of Incomplete Application 191 San Felipe Road, Suite H (APN 051-090-011)

Dear Mr. Addamo,

The City of Hollister’s Development Services Department has reviewed the application materials and plans for Conditional Use Permit 2022-8 to establish a wine tasting room in Suite H of the existing shopping center located at 191 San Felipe Road (APN 051-090-011) in the General Commercial (GC) Zoning District.

A review of the application and plans indicates that pursuant to §65943(a) of the Government Code, the application has been deemed incomplete for processing.

In order for staff to evaluate the proposed use, additional information / clarification is needed regarding the comments provided below. Additional comments may be provided upon review of any additional information or plan revisions submitted in response to this letter. Please provide a written response addressing the following comments.

1. Preliminary Title Report – Provide a recent copy (dated within the past six months) of a Preliminary Title Report which identifies the property owner and includes a legal description of the project site.

2. Development Plan Set – Provide a revised plan set that addresses the following site plan guidelines and requirements, per the General Development Application checklist, attached.

Outstanding items have additionally been highlighted in the attached checklist. a. All sheets shall be numbered in proper sequence, with numbers located on the lower right hand side of each page.
b. All sheets shall be dated.

3. Title Sheet – include a Title Sheet with the following information:
a. Vicinity map showing the location of the project site. b. Clearly list the applicant(s) and property owner(s) name, address, phone number, and email address.

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Notice of Incomplete Application
CUP 2022-8 / Gaetano David Addamo / 191 San Felipe Rd.

Wednesday, December 7, 2022

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Hollister City CouncilJune 5, 2023

Hollister City Council
June 5, 2023