Agenda packet — Hollister City Council, August 21, 2023 (part 3 of 4)

district of the planned development. The following deviations are the same as the existing Section

17.24.240:
• Height;
• Minimum lot size and lot area per dwelling unit;
• Lot width, depth, and frontage;
• Setbacks;
• Open space requirements;
• Lot Coverage and Floor Area Ratio;
• Dwelling unit type.

Staff has also included a provision to allow other deviations as proposed by the applicant and deemed appropriate by the Planning Commission and City Council as well as shared parking within the planned development (requires a parking study).

Section 17.66.070 — Substantial Public Benefit in Exchange for a Planned Development Each Planned Development must contain one or more substantial public benefit(s) in exchange for any modifications from standard zoning requirements. A "Substantial Public Benefit" means a project feature not otherwise required by the Municipal Code or General Plan that provides a unique feature or benefit to the City or the neighborhood in which it is located. Examples of Substantial Public Benefits include but are not limited to: enhanced architectural designs; public plazas, courtyards, open space, and other public gathering places that provide opportunities for people to informally meet and gather; commercial uses in a residential development that serve the neighborhood (excluding properties that are designated as Mixed -Use in the General Plan); recreational facilities; public art; community space(s); parks; contribution to or construction of significant off -site public improvements or community space; the preservation, restoration, or rehabilitation of a historic resource; and/or the protection of natural resources.

Section 17.66.080 — Prohibited within a Planned Development A Planned Development may not be used to request deviations from any of the following regulations:
• The lowering or increasing of the residential density required by the General Plan land use designation(s) for the property.
• The elimination of a commercial component for projects designated as Mixed -use in the General Plan.
• Downtown Mixed -Use zoning requirements.

Packet Pg. 275

E.1.d
Staff Report
Planned Developments

Page 8 of 11 ends

• For properties with a General Plan land use designation of Medium or High Density Residential or Mixed -Use, the Planned Development may not be used to modify the allowed dwelling unit types to allow single family residences, unless the Planning Commission and City Council determine that single family residences may be allowed as an Accessory Use and where the density of the project meets the required density of the General Plan.
• For the reduction of any design standards or guidelines adopted by the City. • For the reduction of design or preservation requirements for any structure that is designated as historical.

Section 17.66.090 — Planned Development Application
This Section establishes the application and submittal requirements for a planned development request.

Staff is not recommending any changes to the current application fee ($8,392 + the citywide planning fee).

Section 17.66.100 — Review of a Rezoning to Planned Development The Planning Commission will review a proposed planned development rezone during a noticed public hearing. The Planning Commission will then make a recommendation to the City Council on the proposed rezone. The City Council will then make the final decision on the planned development during a public hearing.

Section 17.66.110 — Ordinance Format
This Section of the Zoning Ordinance establishes the format Staff will use when writing the Ordinance establishing a planned development for a project.

Section 17.66.120 — Required Findings
This Section establishes new findings for planned developments. The findings Staff and the Planning Commission must make to recommend approval of a planned development are as follows:

A. The Planned Development is consistent with the General Plan, applicable specific plan, and other plans and policies adopted by the City Council.

B. The Planned Development will not be detrimental to the health, safety, or welfare of persons residing or working in or adjacent to the Planned Development or to the general welfare of the city.

C. The proposed development is superior to the development that could occur under the requirements of the Zoning Ordinance for the underlying zoning designation.

D. That the location, design, size, and uses will result in an attractive, well designed, and beneficial environment for living, shopping, or working.

Packet Pg. 276

E.1.d
Staff Report
Planned Developments

Page 9 of 11 ends

E. The proposed Planned Development will be harmonious and compatible with existing and potential development in the surrounding area.

F. The Planned Development would result in a thoughtful, well -planned development which has been designed to meet current and future needs of residents and workers within the City.

G. The Planned Development will provide one or more Substantial Public Benefits, as defined by Section 17.66.070, in exchange for any modifications from standard zoning requested by the Planned Development.

Section 17.66.130 — Modifications to an Approved Planned Development This Section has been written to address how the City will review any requested changes to Planned Developments. Where necessary, the Development Services Director by administrative action may clarify the provisions or make minor adjustments to a Planned Development. An example of this type of modification could include a revision to a parking requirement if the Zoning Ordinance is modified to reduce the parking requirements for a specific use and the older, more strict parking requirement is in the Planned Development. Another potential modification could be the replacement of all windows within a development with a new design if the planned development required a specific type of window and if those windows were no longer available. This section was modified based on questions by the Planning Commission and now reads:

A. "Clarification. Where necessary, the Development Services Director by administrative action may clarify the provisions or make minor adjustments to conform to current provisions of the Zoning Ordinance, to refer to relevant sections of the Zoning Ordinance (where necessary) and to approve minor modifications to a Planned Development that do not conflict with the development standards, density, or intent of the Planned Development." Should a person request a minor modification to a Planned Development (i.e. a parking requirement is requested for a use not established by the Planned Development), the Planning Commission, by means of a Planned Development minor modification may approve minor amendments to a Planned Development with a finding that the amendment substantially complies with and does not materially change the provisions, intent, or development capacity of the applicable Planned Development. This would allow an applicant to request a minor change prior to construction. For example, an applicant may request a rezone to planned development and may establish a front yard setback in the planned development. Once plans are drawn up, the applicant may realize that the established setback needed to be modified. In that case, the applicant may request approval of the minor change from the Planning Commission rather than having to amend the entire ordinance and receive approval from the City Council. The minor modification could be reviewed by the Planning Commission at the same time as a Site and Architectural Review and no additional time or hearings would be required. This section was also slightly modified as follows:

B. "Minor Amendments. The Planning Commission, by means of a Planned Development minor modification may approve minor amendments to a Planned Development with a finding that Packet Pg. 277

E.1.d
Staff Report
Planned Developments

Page 10 of 11 ends

the amendment substantially complies with and does not materially change the provisions, intent, land use, or development capacity of the applicable Planned Development." Additionally, at any time the Development Services Director or Planning Commission may refer a modification request to a different decision making body if desired.

All amendments that change the provisions or intent of the Planned Development, increase the development potential of the site, change the required Substantial Public Benefit, or substantially change the proposed land use map may be requested by submitting an application in the same manner and process as the initial request.

APPLICATION FEES
Staff is not proposing a change to the Planned Development Fee at this time (currently $9,021 total). With the implementation of the new chapter and clear requirements, Staff believes that Staff time related to the review and path to approval will remain the same as the existing process.

The proposed Ordinance also includes two pathways for modifications. Staff is recommending that the Planning Commission recommend the City Council approve two new fees related to the modifications.

For clarification or minor modifications approved by the Development Services Director, Staff is recommending an application fee of $1,603.90 (base fee of $1,492.00 + planning wide fee of $111.90).

This is the same fee that is currently charged for Administrative Permit Reviews which are reviewed and approved by the Development Services Director and Staff believes the Staff time associated with the processing of these permits would be the same as a minor modification to a Planned Development.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):

The proposed Zoning Ordinance amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378). Future development of a site will be subject to the requirements of CEQA. Any future projects for development of a site within the City are required to be reviewed under CEQA.

CONCLUSION
The Planning Commission has reviewed the permit review process in the City and planned developments during several study sessions. The Planning Commission has provided staff with direction on how planned developments should be reviewed in the future and other potential modifications to the Zoning Ordinance Packet Pg. 278

E.1.d
Staff Report
Planned Developments

Page 11 of 11 ends

related to these changes.

The proposed new Chapter 17.66, Planned Developments, has been prepared with direction from the Planning Commission. By requiring a rezone for planned developments, the new regulations will expand the use of planned developments within the city and will be allowed for prezoning, residential, and commercial properties. The new regulations clearly outline the review process and submittal requirements to assist applicants and staff with the processing of these requests. By utilizing a rezoning method, Staff will also be able to clearly track and obtain these requirements when necessary to assist property owners and residents, thereby ensuring a quick and complete response to questions. Staff believes that the new process will result in more attractive, well planned projects and will provide a unique opportunity to all developers in the City, provide a clear path to approval, and could result in time and money savings for applicants.

PLANNING COMMISSION OPTIONS:

The Planning Commission can choose one of the following options:

1. Adopt a Resolution recommending City Council approval of amendments to the Zoning Ordinance to repeal Section 17.24.240, Planned Development Permits, and replace with a new Chapter, Chapter 17.66, Planned Developments, and a recommendation to the City Council to adopt Application Fees related to modifications to approved planned developments.

2. Adopt a Resolution recommending City Council approval of amendments to the Zoning Ordinance to repeal Section 17.24.240, Planned Development Permits, and replace with a new Chapter, Chapter 17.66, Planned Developments, and a recommendation to the City Council to adopt Application Fees related to modifications to approved planned developments. with modifications to the proposed amendments as proposed by the Planning Commission;

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

Staff recommends the Planning Commission select Option 1 for this Item.

Packet Pg. 279

E.1.e
PLANNING COMMISSION RESOLUTION NO. 2023-16

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

CITY COUNCIL APPROVAL OF A ZONING ORDINANCE AMENDMENT TO REPEAL SECTION

17.24.240, PLANNED DEVELOPMENT PERMITS, AND REPLACE WITH CHAPTER 17.66, PLANNED

DEVELOPMENTS AND THE ADOPTION OF APPLICATION FEES RELATED TO ADMINISTRATIVE AND MINOR MODIFICATIONS TO A PLANNED DEVELOPMENT (ZOA 2023-3) WHERAS, the Planning Division has begun an overhaul of the existing Zoning Ordinance to ensure that the Zoning Ordinance is consistent with state law, updated to meet current planning practices, for clarity, for consistency, and to the ensure the Zoning Ordinance meets the needs of the residents of Hollister; and
WHEREAS, revisions to the regulations related to Planned Developments was identified as a part of Phase II of the Overhaul; and
WHEREAS, the Planning Commission held two study sessions to review the existing Section 17.24.240, Planned Development Permits, of the Zoning Ordinance and discussed potential changes to the regulations and provided direction to staff; and WHEREAS, direction received from the Planning Commission was incorporated into a Draft Chapter of the Zoning Ordinance related to Planned Developments' WHEREAS, Planning Commission reviewed the Draft Chapter 17.66, Planned Developments, during a Study Session on May 11, 2023; and WHEREAS, the City desires to repeal the existing 17.24.240, Planned Development Permits and replace with Chapter 17.66, Planned Developments; and WHEREAS, currently there is no Application Fee associated with an application request for modifications to a Planned Development and the City desires to establish a Fee for these types of requests; and
WHEREAS, a base Application Fee of $1,492.00 (plus the citywide planning fee) is comparable to the amount of time Staff anticipates to spend on modifications to a planned development that are reviewed by the Director of Development Services; and WHEREAS, a base Application Fee of $4,196.00 (plus the citywide planning fee), or half of the existing fee for planned developments, is comparable to the amount of time Staff anticipates to spend on modifications to a planned development that are reviewed by the Planning Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 25, 2023 to review the new Chapter 17.66, Planned Developments and the proposed Application Fees for Packet Pg. 280

E.1.e
PC Resolution 2023-
ZOA 2023-3 / Planned Developments

Page 2 of 2 ends

modifications to an approved planned development 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 Section

17.24.240, Planned Development Permits, and replace with Chapter 17.66, Planned Developments and the adoption of two new Application Fees; and WHEREAS, the draft Chapter 17.66, Planned Developments, is included as Exhibit Ato this Resolution; and
WHEREAS, the proposed Zoning Ordinance amendments are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed amendments will not result in any direct physical change to the City and any future development projects will be subject to the requirements of CEQA and therefore the proposed amendments are not a project under CEQA and are exempt from further review (CEQA Guidelines, Section 15378); 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 17.24.240, Planned Development Permits, and add Chapter 17.66, Planned Developments, included as Exhibit A, and recommends that the City Council adopt a base Application Fee of $1,492.00 for Modifications to a Planned Development Reviewed by the Development Services Director and a base Application Fee of $4,196.00 for Modifications that require review by the Planning Commission.

PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 25th day of May 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

Christine Hopper, Secretary
Packet Pg. 281

E.1.f

17.24.240 Planned Development Permits.

A. Purpose. The following provisions are intended to: afford maximum flexibility in site planning/property development, design, and density/intensity, while protecting the integrity and character of the residential areas of the City; encourage innovation and the development of affordable housing; and ensure consistency with the General Plan. At the time of application submittal a review of the configuration, design, location and impact of the proposed land use shall be conducted by comparing the use to established development/site standards. This review shall determine whether the permit should be approved by weighing the public need for and the benefit(s) to be derived from the proposed use, against the potential negative impacts it may cause.

B. Applicability. A Planned Development Permit shall be required for all applicable structures and uses permitted by this Zoning Ordinance; however, none shall be required for alterations to an existing single- family dwelling. Specifically, a permit shall be required under the following circumstances:

1. For a new structure or use listed as subject to a "Planned Development Permit" (PD) in the applicable zoning district;

2. For the change, enlargement, expansion or exterior alteration of an existing structure or use for which a Planned Development Permit has not been issued, excluding an existing single-family dwelling used as a residence; and

3. For the movement or relocation of any structure, including factory -built and manufactured housing, to any parcel within the City.

C. Application Requirements. An application for a Planned Development Permit shall be filed in compliance with Section 17.24.070 (Application Filing).

D. Project Review. Each Planned Development Permit application shall be analyzed to ensure that the application is consistent with the purpose/intent of this Zoning Ordinance and the City's CEQA Guidelines. To ensure effective implementation of General Plan policies relating to design, each application for a Planned Development Permit shall be reviewed in compliance with subsection E of this section prior to determination by the review authority. Additionally, any application which may result in grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the review authority.

E. Design Review Procedures. The review of projects for architectural and site plan design is an integral part of the development approval process. Each Planned Development Permit application (including all associated plans and elevations) shall be reviewed to ensure that the application is consistent with: the purpose/intent of this section; all applicable development standards/regulations of this Zoning Ordinance; and any adopted design guidelines/policies that may apply. In addition, applications for Conditional Use Permits and variances are also subject to design review whenever any physical alteration/construction is proposed.

1. Department Action. Site plan/design review is initiated when the Department receives a complete application package including all required attachments, plans, specifications, elevations, sample materials, etc. as specified in the application form and any additional information required by the Director in order to conduct a thorough review of the proposed project.

Upon receipt of a complete application, Department staff shall conduct a review of the location, design, site plan configuration and impact of the proposed development by comparing the project plans to established development standards/regulations and any adopted design guidelines/policies. In general, development proposals will be reviewed considering criteria including, but not limited to, the following:
a. Compliance with this Zoning Ordinance and all other applicable city ordinances; Created: 2022-06-14 12:38:08 [EST]
(Supp. No. 5)

Page 1 of 4 ends

Packet Pg. 282

E.1.f
b. Desirable site layout and design;
c. Compatibility with neighboring property/development; d. Efficiency and safety of public access and parking;
e. Appropriate open space and use of water efficient landscaping; f. Consistency with the General Plan; and
g. Consistency with any adopted design guidelines and design review policies.

2. Reference to Design Guidelines/Policies. In reviewing development/ improvements subject to design review, the Director shall refer to any design guidelines/policies that have been adopted by the Council/Commission in order to provide guidance to applicants seeking to comply with the requirements of this Zoning Ordinance. The Council/Commission may amend the design guidelines/policies whenever it deems it appropriate in order to carry out the purpose/intent of this Zoning Ordinance. Copies of the design guidelines/policies shall be available to the public at the Department.

The adopted design guidelines are to be used by property owners, developers, architects, landscape architects, and designers in the planning and design of projects in the City. The design guidelines communicate the desired qualities and characteristics of development, and are intended to promote quality design that is compatible with the surrounding neighborhood and implement the General Plan.

The design guidelines/policies are used by city staff, the Commission, and the Council as adopted criteria for the review of development proposals subject to design review.

3. Department Recommendation. Following completion of its review of a proposed project, Department staff shall provide a written statement of findings/recommendations to the review authority for its consideration simultaneously with a Conditional Use Permit. Department staff may recommend approval, approval with conditions, or disapproval of a project. The report containing findings, recommendations and conditions, shall also be forwarded to the applicant prior to consideration by the review authority.

Where the findings/recommendations of the staff may substantially alter a proposed development, the applicant may be requested to submit revised plans at the discretion of the Director.

4. Preliminary Design Concept Review. The Director may require that a project applicant submit design concept plans for preliminary design review prior to submittal of a formal application for a project deemed significant by the Director. The purpose of the preliminary consultation is to advise the project applicant of applicable design guidelines, design review policies, and other specific design criteria that may affect the design of the project.

F. Hearings and Notice. Upon receipt of a Planned Development Permit application in proper form, a public hearing before the Planning Commission shall be set and notice of the hearing given in compliance with Section 17.24.120 (Public Hearings) of this chapter.

G. Decision and Findings. Following a hearing, if required, the Planning Commission, as outlined in Table 17.24- 1, shall record the decision in writing and shall recite the findings upon which the decision is based. The Planning Commission may approve or modify a Planned Development Permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off -site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project - related adverse impacts, and to carry out the purpose/intent and requirements of the respective zoning district. The Planning Commission may approve a Planned Development Permit, only if all of the following findings are made:

Created: 2022-06-14 12:38:08 [EST]
(Supp. No. 5)

Page 2 of 4 ends

Packet Pg. 283

E.1.f

1. The proposed development is one allowed within the subject zoning district and complies with all of the applicable provisions of this Zoning Ordinance, including prescribed development/site standards/guidelines and any adopted design guidelines;

2. The proposed development is consistent with the General Plan;

3. The approval of the Planned Development Permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

4. The proposed development would be harmonious and compatible with existing and future developments within the zoning district and general area, as well as with the land uses presently on the subject property;

5. The subject site is physically suitable for the type and density/intensity of use being proposed;

6. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed development would not be detrimental to public health and safety; and

7. The design, location, size, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

H. Expiration. A Planned Unit Development Permit shall be exercised within two years from the date of approval or the Permit shall become void except when:

1. An extension is approved by the Planning Commission in compliance with procedure for extending a permit found in this Zoning Code; or

2. An extension is required to allow the expiration date of the Planned Unit Development Permit to be consistent with the expiration date of the Tentative Subdivision Map for the same development project.

I. Revocation. The Planning Commission may revoke or modify a Planned Development Permit in compliance with Section 17.24.130(H) (Revocations) and Article I I I (Enforcement).

J. Performance Guarantee. The applicant/owner may be required to provide adequate performance security for the faithful performance of any condition of approval imposed by the review authority. (Ord. 1038, § 2, 2008; Ord. 1071, § 19, 2011)
Created: 2022-06-14 12:38:08 [EST]
(Supp. No. 5)

Page 3 of 4 ends

Packet Pg. 284

E.1.f
Created: 2022-06-14 12:38:08 [EST]
(Supp. No. 5)

Page 4 of 4 ends

Packet Pg. 285

Approved Planned Unit Developments in Hollister
E.1.g
File No.

Zoning District
Reason for PD Request
Additional PD
Information
Date of Approval
CUP 2015-2
Downtown Mixed Use
Unknown (potentially lot size)
7/23/2015
CUP 2015-3
Medium Density
Residential/Performance
Overlay
Setbacks
Front=10' (garage = 20')
4/23/2015
CUP 2015-4
Downtown Mixed Use
Unknown
7/23/2015
CUP 2016-2
Medium Density
Residential/Performance
Overlay
Setbacks
Front=6' and 18' (garage)
1/28/2016
Rear=5' (garage)
CUP 2016-3
Low Density
Residential/Performance
Overlay
Setbacks
Front=10' (garage = 17')
Side=4'
Rear=10'
1/28/2016
CUP 2016-4
Low Density
Residential/Performance
Overlay
Setbacks (Side Ony)
Side=5'
2/25/2016
CUP 2017-1
Low Density Residential
Setbacks (Side Ony)
Minimum Lot Size
Side=5'
Minimum Lot Size = 5,204
SF
2/23/2017
CUP 2017-6
Low Density
Residential/Performance
Overlay
Dwelling Types
To include multi -family
dwelling units (Roberts
Ranch)
9/28/2017
CUP 2017-15
Neighborhood Mixed Use
Dwelling Types
Allow Condominiums
9/28/2017
CUP 2019-3
Low Density
Residential/Performance
Overlay
Housing Types
Triplexes and multi -family
(Roberts Ranch)
6/27/2019
Setbacks
Front=15'
Side=5'
Rear=10'
Packet Pg. 286

Approved Planned Unit Developments in Hollister
E.1.g
File No.

Zoning District
Reason for PD Request
Additional PD
Information
Date of Approval
CUP 2020-3
Old Town High Density
Residential
Setbacks
Rear= 9'
Side=2.5'
Front =0'
8/26/2021
Lot Coverage

82.50%
Open Space
219 sq. ft.

CUP 2021-4
Downtown Mixed Use
Open Space
Request to reduce the
required open space
8/26/2021
CUP 2021-6
Medium Density
Residential/Performance
Overlay
Setbacks
Front=3'
5/27/2021
Lot Size
Duplex= 3,165 sq. ft. and
Triplex=4,653 sq. ft.

CUP 2021-8
Medium Density
Residential/Performance
Overlay
Housing Types
Duettes and single family
10/28/2021
Lot Size Duettes
3,066 sq. ft.

CUP 2021-9
Downtown Mixed Use
Open Space
None
9/23/2021
CUP 2021-10
Low
Density/Performanece
Overlay
Setbacks
Front=13' to porch and 15'
to house
8/25/2022
Lot Coverage
55%
CUP 2022-2
Low Density
Residential/Performance
Overlay
Lot Size
4,400 SF and 3,360 duette
11/17/2022
Setbacks
Front=13' residence and
10' porch
Front= 5'
Side yard = 5'
Rear yard =13'
Packet Pg. 287

Approved Planned Unit Developments in Hollister
E.1.g
File No.

Zoning District
Reason for PD Request
Additional PD
Information
Date of Approval
Housing Types
Single Family and duettes
CUP 2022-7
West of Fairview
Lot size, setbacks
Front= 5'
Side yard = 5'
Rear yard =13'
11/17/2022
Packet Pg. 288

5/31/23, 12:24 PM Hollister, CA Code of Ordinances

17.14.010 - Residential Performance Overlay Zoning District.

E.1.h
A. Residential Performance Overlay Zone District (R1 L/PZ, R3 M/PZ and R4 H/PZ): This overlay district applies to vacant land within the city of Hollister. The intent of the overlay district is to foster development that meets the range of densities for the General Plan land use designation with the option for flexible standards to implement policies and programs in the General Plan that call for the following:

1. A variety of lot sizes and choices for housing types in all residential zoning districts;

2. New development with interesting street patterns, site planning and neighborhood design;

3. Connections among new neighborhoods with the rest of the City for pedestrians and bicyclists;

4. Incorporation of on -site recreation, pedestrian links between adjoining properties, trails or easements in the vicinity of drainages and water courses in new development;

5. Clustered development that meets the average General Plan density for the property while avoiding development in areas with environmental constraints (e.g., flood, seismic, liquefaction, and habitat);

6. Lot design and building orientation to provide solar access;

7. Ensure that the scale and mass of new development preserves the character and scale of existing residential neighborhoods.

Lands within the R1 L/PZ overlay zone predominantly include vacant land within the city of Hollister in the low density residential (one to eight units per net acre) land use category of the General Plan. An average development density of one to eight units per net acre is required in this overlay zone with a targeted minimum density of at least six units per net acre.

Areas with the R3 M/PZ overlay zone comprise vacant land within the city of Hollister in the medium density residential (eight to 12 units per net acre) land use category of the General Plan. An average development density of eight to 12 units per net acre is required in this overlay zone.

Areas included in the R4-H/PZ overlay zone encompass vacant land within the city of Hollister in the high density residential (12 to 35 units per net acre) land use category of the General Plan. An average development density of 12 to 35 units per net acre is required in this overlay zone.

B. Performance Overlay Zoning District Development Requirements.

1. Lot Size Variation. Lot size may vary from the base zoning district with a Performance Agreement as follows:
a. Lots may be reduced below the minimum of the based zone to not less than 2,500 square feet for lots created where the base General Plan designation is low density residential or medium density residential.
about:blank
Packet Pg. 289

5/31/23, 12:24 PM
Hollister, CA Code of Ordinances
E.1.h
b. The lot size may be reduced to less than two thousand five thousand 2,500 square feet and the building height may be increased to 75 feet where the General Plan designation is high density residential.

2. Performance Agreement. A Performance Agreement shall be required for any subdivision or residential development with a variation in lot sizes allowed by this section. The approved Performance Agreement shall be recorded on each lot as a deed restriction. At a minimum, the recorded Performance Agreement shall include the following:
a. Standards for each lot within the subdivision, including but not limited to lot coverage, yards (front, side and rear) for dwelling units and accessory buildings, landscaping and storage;
b. A plan for the shared maintenance of useable open space subject to review and approval of the city of Hollister;
c. A plan for the shared maintenance of private roads, sidewalks, other subdivision improvements subject to the review and approval of the city of Hollister; d. Standards for conversion of accessory buildings or nonhabitable portions of buildings (e.g., garages) for human habitation;
e. The Approved Performance Agreement for the construction of dwelling units shall be in conformance with the requirements of subsection C (Finding for Approval of a Performance Agreement) of this section.

3. Housing Types. The range of housing types and densities allowed in the R1, R2, R3 and R4 Zoning Districts shall be allowed subject to the approved Performance Agreement. These housing types include single family homes, small lot homes, and zero lot line homes, manufactured homes on a permanent foundation, duplexes, triplexes, fourplexes, multi- family homes, condominiums and row houses.

4. Future Subdivision. Since the purpose of the district is to allow flexibility in development design while maintaining the density of the base zoning district, a lot once subdivided and recorded under the provisions of the approved Performance Agreement shall not be further divided or significantly reduced in area unless the lot was created as a "remainder lot" under the provisions of the California Subdivision Map Act.

5. Minimum Lot Sizes Near Subdivision Boundary. Lots located contiguous to an existing residential development shall be similar in size to the adjoining residential zoning district unless it can be found that one of the following conditions exists:
a. That the project boundary is contiguous to a street; b. That the lot is contiguous to properties within a zoning district and general plan designation with a higher or lower development density and the lot sizes would not have been similar;
about:blank
Packet Pg. 290

5/31/23, 12:24 PM Hollister, CA Code of Ordinances
E.1.h
c. The project boundary will abut open space or a nonresidential land use; d. Transitional setbacks and landscaping is incorporated into the project design to assure that the new development is of a scale and character that will preserve and enhance the character of the existing residential neighborhood.

6. Setbacks, Lot Coverage. The setbacks and lot coverage requirements established in the R1, R2, R3, R4 and OT Zoning Districts shall be applied to the housing type approved the performance agreement. Where there is a mix of housing types, the more restrictive setback shall apply.

C. Finding for Approval ofa Performance Agreement. The variation of lot sizes and clustered development in the approved performance agreement will fulfill General Plan goals:

1. The development avoids encroachment on watercourses and drainage areas;

2. The development design and improvements provide pedestrian and bicycle connectivity between developments to assure safe routes to schools and reduced vehicle trips;

3. The development is designed to provide a diversity of housing types and sizes;

4. The development includes the provision of usable open space with a mechanism for maintenance of the open space areas;

5. The development is designed to preserve and enhance the character of the surrounding residential neighborhoods;

6. The development design will contribute to stable and attractive neighborhoods;

7. The average development density is not less than the average and not more than the maximum development density for the applicable general plan land use designation;

8. Where the base general plan designation is high density residential, at least 30 percent of the housing stock shall be multifamily rental housing.
(Ord. 1038, § 2, 2008; Ord. 1056, § 17, 2009; Ord. 1071, § 11, 2011) about:blank
Packet Pg. 291

ITEM E.

PUBLIC COM
8/7/2023
From: Dennis Martin
To: Mayor Casey; COHDistrictl Rick Perez; COHDistrict2 Rolan Resendiz; COHDistrict3 Dolores Morales; COHDistrict4 Tim Burns
Cc: COH Manager; COH City Clerk
Subject: City Council Meeting 8.7.23 Item El; Planned Developments and Associated Fees Date: Sunday, August 6, 2023 12:41:35 PM
Attachments: CityofHollister BIA 8.7.23 ItemE1 PlannedDevelopmentFees.pdf Hollister BP Fee Comparison FINAL 2.9.22.pdf
Hollister Memo 3.29.22.pdf
Greetings Mayor Casey, City Council and Staff,
Please accept the attached letter of comment and accompanying documents in support of lower fees on residential development in Hollister. Should you have any questions or concerns please feel free to contact me.

Yours truly,
Dennis Martin
BIA Government Affairs

BAY AREA
Packet Pg. 292

E.1.i
MY14 0ING IMc uST RT ASSOC I ALIGN
August 7, 2023
The Honorable Mia Casey, Mayor
Members of the City Council
City of Hollister
975 Fifth St.

Hollister, CA 95023
Transmitted Via Email
Re: City Council 8.7.23 Item E.1, Planned Developments and Associated Fees Dear Mayor Casey and City Council Members,
On behalf of the Building Industry Association, BIA Bay Area I request that the City Council to continue the adoption of two new planned development amendment fees and instead move to reconsider the City's actions regarding imposition of extremely high residential building permit fees that are now adding tens of thousands of dollars to the cost of building new housing in Hollister.

BIA respectfully requests that the City Council direct the City Manager to schedule a hearing regarding the exorbitant Building Permit Fees on the Council agenda soon and to respond to BIA information that we have previously submitted to the City Council and the City Manager showing that the City is overcharging for building permit and other development services.

Inadequate Notice and Outreach
Additionally, BIA Bay Area requests that the City Council postpone the August 7, 2023 hearing for the Planned Development Fee until a later date that would allow for adequate noticing under State Government Code 66016 & 66019. BIA asks that the City establish reliable communication procedures to notice any new and increased development fees including application and impact fees and provide all support documentation and data in relation to new and/or increased fees.

The Building Industry Association of the Bay Area (BIAlBay Area) annually submits a request that the City of Hollister, along with every other jurisdiction in the Bay Area, notify BIA of any action to adopt or increase a fee, charge, or other exaction imposed on or in connection with development approvals or the issuance of building permits. (See Gov't Code Sections 66016 and 66019.) The request includes any fee, charge or other requirement related to the provision of Packet Pg. 293

affordable housing including inclusionary zoning requirements. This fee notice request was emailed to the City Clerk in January of 2023.
66016 (a) Prior to levying a new fee or service charge, or prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one open and public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the local agency for mailed notice of the meeting on new or increased fees or service charges. Any written request for mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed.

Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

At least 10 days prior to the meeting, the local agency shall make available to the public data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including General Fund revenues...

Background of Fee Increases
Approximately two years ago, the City Council adopted a new fee schedule based on a Wildan Financial Services study from 2020 that claimed to show the City needed to raise building and development services fees by nearly 400 percent in order to provide full cost recovery of providing these services.

At that time, a recommendation from City Staff and the Consultant to phase in fees over a 4 -year time frame was ignored by the Council who proceeded to adopt fees at the highest levels in the Wildan report. Immediately, building permits fees for new residential construction shot up to over $25,000 per single family house, far more than any neighboring jurisdiction charges for these services. As a result, Hollister now charges some of the highest building permit fees in the whole South Bay Region.

Documentation of Overcharging for Building Permit Services BIA believes that the City Staff and Consultant reports failed to provide all the information the Council needed prior to making its decision. Importantly, the reports failed to include a comparison of fees in neighboring jurisdictions. BIA submitted to the Council and City Manager a benchmark comparison of building permit fees in six neighboring jurisdictions that shows Hollister charges twice as much as the next highest jurisdiction, Santa Cruz County, and nearly three times more the San Benito County Building Department.

Packet Pg. 294

E.1.i
Other questions that BIA has raised with the fee adoption include:

1. Failure of the Wildan Report to Demonstrate Analysis for then Current Building Permit Cost Recovery at 21%

2. Failure of the Wildan Report to Demonstrate that New Fee Amounts Constitute 100% Cost Recovery
BIA points out that city fees can only be set to the cost of providing service and that fees cannot be set at an exceedingly high level in order to try to recuperate past years of inaction to adjust fees to full cost recovery. And it should go without saying that high fees should never be used to discourage home building.

Attached you will find the Peer Review study that BIA commissioned comparing fees across the region and a review of the methodology used in the 2020 fee study. BIA is requesting that the City Council agendize this issue for discussion and provide adequate advance legal notice of the agenda schedule.

Yours truly,
Dennis Martin

BIAPAY AREA
Cc: David Mirrione, City Manager
Packet Pg. 295

E.1.i
BIA I Bay Area
City of Hollister Building Permit Fee Comparison
(For 2,525 Square Foot Single Family Residence)
2/9/2022
Jurisdiction
City of
Hollister
(2022)
City of
Hollister
(2019)
City of Morgan
Hill
City of Los
Gatos
City of Gilroy
City of San
Juan Batista
Santa Cruz
County
San Benito
County
Attached Table
Table 1
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7
Table 8
Building Permit Fee
$ 12,965
$ 2,682
$ 4,065
$ 3,765
$ 3,125
$ 2,682
$ 3,562
$ 2,388
MEP Fees
$ 8,427
$ 1,475
NSA
$ 1,211
$ 1,200
$ 1,475
NSA
$ 1,313
Other Permit Fees
$ 3,755
$ 1,720
$ 3,657
$ 5,809
$ 3,413
$ 4,278
$ 9,213
$ 4,929
Total Building Fees
$ 25,146
$ 5,878
$ 7,722
$ 10,785
$ 7,737
$ 8,436
$ 12,775
$ 8,631
Fee Comparison Chart for 2,525 Sq. Ft. SFR
$30,000
$25,000
$20,000
$15,000
510,000
$5,000
$-
City of Hollister
(2022)
City of Hollister City of Morgan Hill City of Los Gatos (2019)
City of Gilroy City of San Juan Santa Cruz County San Benito County Batista
Building Permit Fee MEP Fees Other Permit Fees Average
Prepared by DPFG
Packet Pg. 296

E.1.i
Table 1
City of Hollister (2022)
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions
Sq. Ft. Value/Sq. Ft.

Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $

59.88 $

0.3% of Valuation
Valuation / $25,000
$0.00013 x Valuation
4% of BMEP Fees

3.5% of BMEP Fees
Flat Fee
$ 21,391.54
$ 862.50
$ 1,204.62
$ 17.00
$ 52.20
$ 855.66
$ 748.70
$ 14.00
Total Other Permit Fee
$ 3,754.68
Total Building Permit Fees
$ 25,146.23
Notes:
[1] Based on permit invoice for 2350 Hibiscus Drive dated 8/10/2021.

Prepared by DPFG
Packet Pg. 297

E.1.i
Table 2 (2019)
City of Hollister
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions
Sq. Ft. Value/Sq. Ft.

Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $

59.88 $

59.88 $
374,533
24,910
2,096
Building Permit Fees
Fee Formula
$ 401,539
Total Amount
Building Permit Fees
Electrical Sub -Permit Fee
Plumbing Sub -Permit Fee
Mechanical Sub -Permit Fee
$993.75 + 5.60 for each addl. $1,000
over $100,000
20% of Building Permit Fee
17% of Building Permit Fee
18% of Building Permit Fee
2,682.37
$ 536.47
$ 456.00
$ 482.83
Total Building Permit Fee (BMEP Fees)
Plan Check Fee
Planning Fee
Green Fee (CA Building Std. Fee)
Strong Motion Fee
50% of master plan check fee
$300 flat fee for all projects > $100k
Valuation / $25,000
$0.00013 x Valuation
$ 4,157.67
$ 1,351.24
$ 300.00
$ 17.00
$ 52.20
Total Other Permit Fee $ 1,720.44
Total Building Permit Fees $ 5,878.12
Notes:
[1] Based on permit estimator for 511 Duran Drive.
[2] Master Plan Check Fee is composed of two components, (i) Plan Check Fee = 65% of building permit fee and (ii) MEP plan check fee = 55% of Plan Check Fee Prepared by DPFG
Packet Pg. 298

E.1.i
Table 3
City of Morgan Hill
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions
Sq. Ft. Value/Sq. Ft.

Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $

59.88 $

59.88 $
374,533
24,910
2,096
Building Permit Fees
$ 401,539
Fee Formula Total Amount
Building Permit Fees
(Includes MEP Fees)
(For Valuations from $100,001 to $
$500,000) $2,256.00 for the first $100,000
plus $6.00 for each additional $1,000.00
or fraction thereof, to and including
$500,000.
4,065.23
N/A
Total Building Permit Fee
Plan Review Fee (Bldg. Only)
Long Range Planning Fee
GIS Technology Fee
Green Fee (CA Building Std. Fee)
Strong Motion Fee
Mircofilm Fee
68% of Bldg. Permit Fee
15% of permit & plan review fees
5% GIS Tech Fee added to permit fee
Valuation / $25,000
$0.00013 x Valuation
$4 base fee plus additional sheets
$ 4,065.23
$ 2,764.36
$ 609.79
$ 203.26
$ 17.00
$ 52.20
$ 10.00
Total Other Permit Fee
$ 3,656.61
Total Building Permit Fees
$ 7,721.84
Notes:
[1] Based on City building permit fee schedule dated 1/1/2019.

Prepared by DPFG
Packet Pg. 299

E.1.i
Table 4
City of Los Gatos
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions
Sq. Ft. Value/Sq. Ft.

Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $

59.88 $

59.88 $
374,533
24,910
2,096
Building Permit Fees
Fee Formula
$ 401,539
Total Amount
Building Permit Fees
Electrical Sub -Permit Fee
Plumbing Sub -Permit Fee
Mechanical Sub -Permit Fee
Total Building Permit Fee
Plan Review Fee
General Plan Update Fee
GIS Technology Fee
Green Fee (CA Building Std. Fee)
Strong Motion Fee
Techology Fee
Document Fee
$1,395.23 + 7.86 for each addl. $1,000
over $100,000
$0.11/Sq. Ft. plus $80 Issuance Fee
$0.11/Sq. Ft. plus $80 Issuance Fee
$0.11/Sq. Ft. plus $80 Issuance Fee
65% of Bldg. Permit Fee

0.5% of Building Valuation
5% GIS Tech Fee added to permit fee
Valuation / $25,000
$0.00013 x Valuation
4% Surcharge on BMEP Fees
Based on sample permit
$ 3,765.33
$ 403.51
$ 403.51
$ 403.51
$ 4,975.86
3,234.31
2,007.70
248.79

17.00 52.20
199.03

50.00 Total Other Permit Fee
$ 5,809.03
Total Building Permit Fees
$ 10,784.89
Notes:
[1] Based on City comprehensive fee schedule dated FY 2019-2020.

Prepared by DPFG
Packet Pg. 300

E.1.i
Table 5
City of Gilroy
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions Sq. Ft.

Value/Sq. Ft. Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $ 374,533

59.88 $ 24,910

59.88 $ 2,096
Building Permit Fees
$ 401,539
Fee Formula Total Amount
Building Permit Fees
Electrical Sub -Permit Fee
Plumbing Sub -Permit Fee
Mechanical Sub -Permit Fee
$1,291.34 + 6.08 for each addl. $1,000
over $100,000
$0.136/SF
$0.136/SF
$0.136/SF
$ 3,124.70
$ 399.98
$ 399.98
$ 399.98
Total Building Permit Fee $ 4,324.63
Plan Review Fee 75% of Building Permit
Plot Plan Review/Lot Change Flat Fee
Hourly Plan Check Based on sample permit
Green Fee (CA Building Std. Fee) Valuation / $25,000
Strong Motion Fee $0.00013 x Valuation
2,343.52
550.00
450.00

17.00 52.20
Total Other Permit Fee $ 3,412.72
Total Building Permit Fees $ 7,737.35
Notes:

Based on comprehensive fee schedule adopted 4/21/2014 and sample building permit provided for a 2,252 square foot SFR.

Prepared by DPFG
Packet Pg. 301

E.1.i
Table 6
City of San Juan Batista
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions Sq. Ft.

Value/Sq. Ft. Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $

59.88 $

59.88 $
374,533
24,910
2,096
Building Permit Fees
$ 401,539
Fee Formula Total Amount
Building Permit Fees
$993.75 + 5.60 for each addl. $1,000 over
$100,000
20% of Building Permit Fee
17% of Building Permit Fee
18% of Building Permit Fee
$ 2,682.37
$ 536.47
$ 456.00
$ 482.83
Total Building Permit Fee $ 4,157.67
Plan Review Fee
MEP Plan Review
Green Fee (CA Building Std. Fee)
Strong Motion Fee
Document Fee
65% of Building Fee
55% of Plan Review Fee
Valuation / $25,000
$0.00013 x Valuation
$10 + $1/page
2,702.49
1,486.37

17.00 52.20

20.00 Total Other Permit Fee $ 4,278.05
Total Building Permit Fees $ 8,435.73
Notes:

Based on City's Building Plan Check & Permit Fees Schedule dated 2/20/2018.

Prepared by DPFG
Packet Pg. 302

E.1.i
Table 7
Santa Cruz County
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions Sq. Ft.

Value/Sq. Ft. Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525
416
35 Building Permit Fees
N/A
Fee Formula Total Amount
Building Permit Fee (Inspections)
$ 3,562.32
N/A
Total Building Permit Fee $ 3,562.32
Processing Fee
Building Plan Check Fee
Green Building Plan Check
Green Fee (CA Building Std. Fee)
Technical Training Fee
Strong Motion Fee
General Plan Maintenace Fee
Zoning Plan Check
Records Management Fee
Flat Fee
Valuation / $25,000
$0.00013 x Valuation
6% of Permit Fee
Flat Fee
Flat Fee
$ 3,965.59
$ 3,528.70
$ 653.00
$ 11.31
$ 55.28
$ 28.28
$ 213.74
$ 742.00
$ 15.00
Total Other Permit Fee $ 9,212.90
Total Building Permit Fees $ 12,775.22
Notes:

Based on County's fee estimator for a 2,525 square foot SFR seen in the link below. https://www.sccoDlanning.com/Portals/2/County/Planning/bldg/FEE%20ESTIMATE%201617.xlsx Prepared by DPFG
Packet Pg. 303

E.1.i
Table 8
San Benito County
Building Permit Estimate
New Single Family Residence
February 9, 2022
Project Assumptions
Sq. Ft.

Value/Sq. Ft.

Total Value
Dwelling Sq. Ft.

Garage Sq. Ft.

Porch Sq. Ft.
2,525 $
416 $
35 $
148.33 $

59.88 $

59.88 $
374,533
24,910
2,096
Building Permit Fees
$ 401,539
Fee Formula Total Amount
Building Permit Fees
Electrical Sub -Permit Fee
Plumbing Sub -Permit Fee
Mechanical Sub -Permit Fee
Estimate based on example 2,700 sq. ft.
new home permit
20% of Building Permit Fee
17% of Building Permit Fee
18% of Building Permit Fee
$ 2,388.15
$ 477.63
$ 405.99
$ 429.87
Total Building Permit Fee
Plan Review Fee
MEP Plan Review
Planning Division Plan Check Fee
Engineering Division Plan Check Fee
Green Fee (CA Building Std. Fee)
Strong Motion Fee
Document Fee
65% of Building Fee
55% of Plan Review Fee
15% of Building Fee
15% of Building Fee
Valuation / $25,000
$0.00013 x Valuation
Flat Fee
$ 3,701.63
$ 2,406.06
$ 1,323.33
$ 555.24
$ 555.24
$ 17.00
$ 52.20
$ 20.00
Total Other Permit Fee
$ 4,929.08
Total Building Permit Fees
$ 8,630.72
Notes:

Based on Master Fee Schedule for Fiscal Year 2018-2019 and SFR permits seen on County's online permit database.

Prepared by DPFG
Packet Pg. 304

E.1.i
DPFG

DEVELOPMENT PLANNING & FINANCING GROUP
To: Dennis Martin, South Bay Government Affairs — BIA I Bay Area From: DPFG
Date: March 29, 2022
Subject: City of Hollister - Development Services User Fee Study Dear Mr. Martin
The Building Industry of the Bay Area ("BIA") requested the services of DPFG in connection with conducting a peer review of the Development Services User Fee Study ("Study") dated November 2020.

The Study was prepared by Willdan Financial Services ("Willdan") for the City of Hollister (the "City") and was adopted by the City on June 21, 2021. The City's adoption of the Study increased fee rates for Development Services Fee ("Fees") which included fees related to building, planning, and engineering related City services.

Our review included the evaluation of the City's new fee structure, including review of the City's methodology for determining the Fees and related cost allocations. Additionally, we conducted research of comparable cities development services fees to better understand the City cost structure as it relates to comparable jurisdictions performing similar services.

DPFG's review of the Study is primarily focused on the Study's methodology used to justify fee increases related to the issuance of building permits. Following our review of the Study, DPFG has identified the following topics in which the City should consider for further evaluation:

1. Failure to Demonstrate Analysis for Current Building Permit Cost Recovery at 21% The Study states that the result of the cost analysis completed for the Building Permit program found that the program is currently operating at 21% cost recovery. The Study uses the 21% cost recovery figure to justify increases to the City's building permit fees.

The Study does not provide any supporting documentation on how the cost analysis was prepared and how the 21% cost recovery figure was arrived at. Without backup to support the 21% cost recovery figure, the Study does not effectively demonstrate why increases to building permit fees are necessary.

2. Failure to Demonstrate that New Fee Amounts Meet 100% Cost Recovery The Study states that charging the new fee amounts as described in the Study will result 100% cost recovery to the City. Appendix A of the Study provides a table of "Total Allowable Cost to be Recovered" which provides various City department's salaries, operating costs, and allocation factors. Appendix A does not illustrate any conclusions regarding the total amount needed by the City to meet 100% cost recovery nor does it explain how to interpret the information regarding department operating costs.

The Study claims that overhead costs related to several departments should be included as recoverable costs from user fees. The Study does not demonstrate a reasonable relationship between user fees for development services and the City's operating costs related to departments such as animal control, fire, police, airport, and the city manager's office which are not typically associated with building permit costs

Page 1 of 4 ends

Packet Pg. 305

E.1.i
and development related services. Furthermore, the Study does not explain how overhead costs from various departments were allocated to the total allowable cost to be recovered by user fees.

The Study also makes the statement that the overhead rates amounts listed in Appendix A will not reconcile to the City's budget but does not provide an alternative source of backup for the costs provided.

Although not mentioned in the Study, the City contracts their permit services through a third -party consultant, 4LEAF, Inc. The Study claims to justify excessive building permit fee increases without describing the City's 4LEAF, Inc. contract which would appear to be an important part of the City's user fee cost structure related to building permits.

The Study does not effectively provide supporting documentation on the City's costs related to providing user services and does not effectively demonstrate why increases to building permit fees are necessary.

3. Gradual Fee Adjustments Recommended by Staff Were Not Implemented At the time the Study was prepared, Willdan concluded that the City's building permit program was operating at 21% cost recovery. The Study and City staff recommended that a gradual increase annually, so that within four years of the adoption of the Study, the Fees would be at 100% cost recovery. The Study recommended a roughly 95% fee increase per year for four years until 100% cost recovery was met.

Contrary to the Study and City staff's recommendation to gradually implement Fee increases over time, City Council approved that the City begin charging Fees at 100% recovery after the adoption of the Study.

This resulted in a 382% increase in building permit fees immediately after the adoption of the Study.

4. Other Jurisdiction Fee Comparison
In comparing building permit fees in other jurisdictions to the Study's findings it was determined fees in the City are now substantially higher than comparable and neighboring jurisdictions. Although many variables would have to be evaluated to fully understand what drives the higher fees in the Study as to a comparable jurisdiction it does illustrate the potential that the fees proposed in the Study are not reasonable. DPFG's fee comparison for comparable jurisdictions is illustrated in the table below Fee Comparison Chart for 2,525 Sq. Ft. SFR
530.000
525.000
S20.000
515,000
510,000

55.000
5 City of Gilroy
City of Hollister City of Hollister City of Morgan Hill City of Los Gatos 12022} {2019}
City of San Juan Santa Cruz County Sa Benito Cmvnry
Batista
.Budding Permit Fee MEP Fees Other Permit Fees Average

Page 2 of 4 ends

Packet Pg. 306

E.1.i
Conclusion
In accordance with our current scope of work, the analysis and summary of findings described above reflect our initial review of the Study. The Study failures to demonstrate a reasonable relationship between the services provided, related costs of services, and how those costs are allocated in its justification of the new Fees.

A more detailed audit may be conducted with the cooperation of the City and Willdan to further evaluate the detailed cost recovery analysis not provided in the Study.

We look forward to discussing our findings with you at you earliest convenience.

Sincerely,
Chris Austin
Managing Principal

Page 3 of 4 ends

Packet Pg. 307

Reference Materials
City Council Meeting Minutes and Video for 6/21/21
http://hollisterca.igm2 . com/Citizens/SplitV iew.aspx?Mode=Video&MeetinglD=1145 &Format=Minutes - 0:18:30 — Public Hearing Starts for Study
- 0:46:00 — Discussion Begins Regarding 100% Cost Recovery - 0:49:00 — 4LEAF Contract
- 0:52:50 — Question Regarding 21% Cost Recovery
o Tony Thrasher (Willdan) states that the total cost to provide services is roughly $1.5 million but current revenue received over the past five years averages out to $300,000. ■ These figures are not substantiated in the Study
Staff Report
http://hollisterca . igm2.com/Citizens/FileOpen. aspx?Type=30&ID=13 634 Adopted Development Services User Fee Study (Willdan — November 2020) http://hollisterca.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=3952&MeetingID=1145 Willdan Slide Presentation
http://hollisterca.igm2.com/Citizens/FileOpen.aspx?Type=4&ID=3953 &MeetinglD=1145 City Adopted Operating Annual Budget 2020-2021
http://hol lister.ca.gov/wp-content/uploads/2020/09/FY20-21-Hol I ister-An n ua I-Budget-Fi na I. pdf City Adopted Operating Annual Budget 2021-2022
http://hollister.ca.gov/wp-content/u 3loads/2022/01/Hollister-Budget-2021-2022.pdf

Page 4 of 4 ends

Packet Pg. 308

E.2

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
SUBMITTED: May 31, 2023
DEPARTMENT: Planning
DEPARTMENT HEAD: Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-161, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AMENDING THE PLANNING DIVISION FEE SCHEDULE TO

INCLUDE FEES RELATED TO ADMINISTRATIVE AND MINOR MODIFICATIONS TO

PLANNED DEVELOPMENTS
BRIEF DESCRIPTION: The City Council will consider establishing an application fee for amendments to Planned Developments related to the proposed new Chapter, Chapter 17.66, Planned Developments (ZOA 2023-3).

RECOMMENDATION: Hold a public hearing and approve a resolution adopting application fees related to amendments to an approved planned development.

DEPARTMENT SUMMARY: The proposed amendments to the Zoning Ordinance to repeal Section 17.24.240, Planned Development Permits, and replacement with Chapter 17.66, Planned Developments includes a path for minor modifications to an approved planned development. Currently all modifications to a planned development are required to be reviewed by the Planning Commission and these requests are charged the Planned Development Fee (currently $9,021 total).

Staff is recommending that the City Council approve two new fees related to the modifications.

Without these new fees, an applicant requesting a modification would not be required to pay an application fee and the City would be required to subsidize the processing of these requests.

For clarification or minor modifications approved by the Development Services Director, Staff is recommending an application fee of $1,603.90 (base fee of $1,492.00 + planning wide fee of $111.90). This is the same fee that is currently charged for Administrative Permit Reviews (APR) which are reviewed and approved by the Development Services Director and Staff believes the Staff time associated with the processing of these permits would be the same as a minor modification to a Planned Development. The processing of an APR requires a project submittal, routing of the project to the City's DRC for comments, a DRC meeting, compilation of comments and completeness items, review of subsequent resubmittals, the preparation of an Action Letter and Conditions of Approval. The process for the review of an administrative amendment to a planned development will be the same as an APR and therefore, Staff believes that this fee is more appropriate for these request that the full planned development fee.

For minor modifications approved by the Planning Commission, Staff is recommending a new fee of $4,510.50, or half the current planned development application fee (total fee). These modifications will require a public hearing, preparation of a staff report and resolution, as well as staff time spent reviewing these modifications. Therefore, while the full planned development fee does not seem appropriate, Staff anticipates that the proposed fee will cover staff time on the request. This fee is less than the current conditional use permit application fee of $5,619.03 (total fee). A CUP requires routing and review the same as an APR, however, a CUP also requires the preparation of a Staff Report to the Planning Commission, Staff presentation, and meeting attendance which is similar to what is required for a minor amendment to a planned development that requires Planning Commission review. Staff is recommending a lower Packet Pg. 309

E.2
application fee, however, because CUPs typically require more assistance to the applicant (they are typically first time applicants and are unfamiliar with the process), potential discussions with surrounding neighbors, and project specific tailored conditions of approval to ensure minimal impacts on the surrounding area.

Staff is not proposing a change to the Planned Development Fee at this time (currently $9,021 total). With the implementation of the new chapter and clear requirements, Staff believes that Staff time related to the review and path to approval will remain the same as the existing process.

FINANCIAL IMPACT: $0.

CEQA: The proposed fees are exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines because the proposed fees will not result in any direct physical change to the City and therefore the proposed fees are not a project under CEQA and are exempt from further review (CEQA Guidelines Section 15378). Future development of any site and approval of a future planned development will be subject to the requirements of CEQA.

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

THE STAFF RECOMMENDATION
a;• _
David Mirrione, Interim City Manager
Packet Pg. 310

E.2
RESOLUTION NO. 2023-161

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING THE

PLANNING DIVISION FEE SCHEDULE TO INCLUDE FEES RELATED TO

ADMINISTRATIVE AND MINOR MODIFICATIONS TO PLANNED DEVELOPMENTS WHEREAS, the City Council updated the Planning Division Fee Schedule and it became effective on October 3, 2022; and
WHEREAS, Government Code Sections 66016 establishes the procedures for adopting fees for the processing of development applications; and
WHEREAS, pursuant to provisions of the California Constitution and the laws of the State of California, the City of Hollister is authorized to adopt and implement fees for the processing of development applications as long as the charges do not exceed the estimated reasonable cost to process development applications; and
WHEREAS, the City now desires to amend the Planning Division Fee Schedule to include two new fees related to modifications to an approved planned development as a result of the City's adoption of new regulations related to planned developments, Chapter 17.66, Planned Developments; and
WHEREAS, Staff has recommended that the application fee for an administrative modification to a planned development, acted upon by the Development Services Director, should be the same as the fee charged for an Administrative Permit Review because the permits will be processed in the same manner and therefore will require the same amount of Staff hours; and WHEREAS, Staff has recommended that the application fee for minor modifications to a planned development, acted upon by the Planning Commission, be half the normal Planned Development Application Fee because these permits will require a public hearing, preparation of a staff report and resolution, as well as staff time spent reviewing these modifications, and the application fee should be less than a Conditional Use Permit which will be processed in the same manner as a minor modification, however, a Conditional Use Permit typically involves significant application assistance to an applicant as well as more time spent on the conditions of approval and therefore the fee charged for these applications should be lower; and WHEREAS, the remaining existing fees and charges identified in the Planning Division Fee Schedule will remain unchanged and unaffected by this Resolution; and WHEREAS, a Staff Report was submitted to the City Council of the City of Hollister recommending approval of the new application fees; and
WHEREAS, the City Council held a noticed public hearing on the proposed application fees on June 20, 2023, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper noticed of said hearing was given as required by law, published in the Free Lance two times, and notice was submitted to parties who have filed a request with the City to be notified of any fee amendments; and
WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein and used its independent judgement to evaluate the proposed application fees; and
Packet Pg. 311

E.2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hollister does hereby adopt the following fees:

Planning Division Fee Schedule:
• Administrative Planned Development Modification — Proposed fee is $1,603.90 (base fee of $1,492.00 + planning wide fee of $111.90).
• Planned Development Minor Modification — Proposed fee is $4,510.50 (base fee of $4,196.00 + planning wide fee of $314.50)
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister hereby amends the Planning Division Fee Schedule to include a fee for an Administrative Planned Development Modification (base fee of $1,492.00 + planning wide fee of $111.90) and a fee for a Planned Development Minor Modification (base fee of $4,196.00 + planning wide fee of $314.50).

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of August, 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
Packet Pg. 312

E.2
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-161, 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 21st day of August, 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 August, 2023.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Packet Pg. 313

E.3
SUBMITTED:

DEPARTMENT:

DEPARTMENT HEAD:

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
August 16, 2023
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: ORDINANCE NO. 1238 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 15.12.010 AND SECTION 15.12.020 OF CHAPTER 15.12 OF THE

CITY OF HOLLISTER MUNICIPAL CODE RELATING TO MOBILEHOMES AND

MOBILEHOME PARKS
DESCRIPTION: Introduction of an amendment to Section 15.12.010 ("Definitions") and Section

15.12.020 ("Trailers prohibited in certain places — Exceptions") of Chapter 15.12 ("Mobilehomes and Mobilehome Parks") of Title 15 ("Buildings and Construction") of the City of Hollister Municipal Code, amending language to clarify definitions, eliminate conflicts, and enhance compliance with existing regulations.

RECOMMENDATION: Introduce ordinance and schedule a second reading and adoption of the ordinance at the September 5th City Council Meeting.

DEPARTMENT SUMMARY: The revised definitions will enhance clarity for residents, property owners, and city staff, ensuring a shared understanding of mobilehome-related regulations. Clear definitions will promote consistent interpretation and application of the ordinance across the City. By providing precise definitions and addressing potential conflicts, the proposed amendments will facilitate compliance and streamline enforcement efforts. This will contribute to the overall safety, quality, and well-being of mobilehome park residents and the surrounding community. The proposed changes will also ensure the mobilehome ordinance is in line with state regulations and other existing ordinances, reducing potential legal challenges and ensuring a cohesive regulatory framework for mobilehome parks within the City.

The recommended ordinance revisions are shown in Attachment 1 in track -changes.

FINANCIAL IMPACT: None.

CEQA: N/A
ATTACHMENTS:

1. Mobilehome Ordinance Revision- Track -Changes (01040757xFF256)

2. Mobilehome Ordinance Revision Clean (01040757-2xFF256)

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

THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
Packet Pg. 314

E.3
ORDINANCE NO. 1238
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING SECTION 15.12.010 AND SECTION 15.12.020 OF CHAPTER 15.12 OF THE CITY OF HOLLISTER MUNICIPAL CODE

RELATING TO MOBILEHOMES AND MOBILEHOME PARKS
WHEREAS, Chapter 15.12 of the Hollister Municipal Code regulates Mobilehomes and Mobilehome Parks; and
WHEREAS, Chapter 15.12 contains provisions requiring removal and modification to ensure consistency with state law definitions and recent Hollister Municipal Code updates regarding regulation of mobile homes, recreational vehicles and trailers; and WHEREAS, the proposed revisions will enhance clarity for residents, property owners, and city staff, ensuring a shared understanding of mobilehome-related regulations; and WHEREAS, clear definitions will promote consistent interpretation and application of Hollister Municipal Code Chapter 15.12; and
WHEREAS, by providing precise definitions and addressing potential conflicts, the proposed amendments will facilitate compliance and streamline enforcement efforts.

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

That the City Council of the City of Hollister approves the amendment of section 15.12.010 and section 15.12.020 of chapter 15.12 of the City of Hollister Municipal Code relating to Mobilehomes and Mobilehome Parks.

INTRODUCED at a regular City Council meeting on the 21st day of August, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of August, 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
Packet Pg. 315

E.3
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1238 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 21st day of August, 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 August, 2023.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Packet Pg. 316

E.3.a
CHAPTER 15.12 MOBILEHOMES AND MOBILEHOME PARKS

15.12.010 Definitions.

For the purposes of this chapter:

Mobilehome park means any area or tract of land that has been developed to the mobilehome park standards where space is rented to owners or users of mobilehomes to be used for living purposes.

Trailer Mobilehome means a structure designed for human habitation and for being moved on a street or highway under permit anc inc uccs tic fo owing:as defined by California Civil Code section 798.3.
4Commercial coach means a structure transportable in one or more sections, designed • and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in California Vehicle Code section 635. Camp Car. A ve
cesignec or uses or human iabitation;

2. Commercial Coach. A ve
uman occupancy
or incustria

3. Mobilchomc. A vc
iic
crown by a motor vchic c;
iic
c wit
or wit
iout motive
oowcr, w
1k
iic c, wits or witiout motive power, cesignec and equippec for , pro essiona or commercia purposes, inc ucing a trai
c cesignec anc equippec
or
iuman
iabitation, anc
cr coac
or being
. Recreational Vehicle. A camp car, motor come, trove trai cr or tcnt trai cr, wit witiout motive power, c
occupancy;
csigncc
or iuman iabitation or recr ationa or emergency
i or

5. Travel Trailer. A vciic c oticr than a motor vciic c wiici is ccsigncd or uscc for iuman iabitation anc wiici may be movec upon a pub is ligiway wi hout a spccia permit or criver's icense or both, without vio ating any arovision of tic Vehic c Coce o-tiestate.

15.12.020 Trailers Mobilehomes prohibited in certain places —Exceptions.

A. No person shall abandon, park, store, leave, keep or maintain, or permit to be abandoned, parked, stored, left, kept or maintained, any trai er mobilehome upon any private or public property, other than in a mobilehome park_., except as -o ows: One trai cr, L0 feet or css in cngti, may be par cc, storcc, eft, <cpt or maintaincc in tic rear of any residential unit, o icr tian a cup ex, apartment, motc or io-c , proviccc:

Suc
i trailer is
builcing uscc
builcing uscc

2. Suc
i trailer s
ocatcc at
east five feet from any property
or iuman occupancy anc at
or iuman occupancy; anc
is
not be uscc
or human
inc, at I ast tcn feet from any
east 'lye feet from any bui
cing at
iabitation or occupancy at any time.
ac
ice
0 Formatted: Normal, Indent: First line: 0.33", Space
Before: 2 pt, After: 6 pt
Formatted: Normal, Indent: Left: 0", Hanging: 0.33",
Space Before: 2 pt, After: 6 pt
Packet Pg. 317

E.3.a
B. This chapter shall not be construed to prohibit the parking, storing, leaving, keeping or maintaining of one trai cr comp etc y within any garage appurtenant to any residential unit, other than a cup ex, apar men motc or Note , nor to prohibit the -cmporary parking, storing, leaving, keeping or maintaining, for a period not in excess of seven days, any trai cr L.0 •cct or css in cngth in t
cup ex, apartment, mote or Note
lc crivcway of any residcntia
unit, of
hcrt
elan a
With the prior authorization and consent of the city council of the city, a district, city, county or other political subdivision may park, store, leave, keep or maintain, a commercial coach for industrial, professional or commercial purposes, for a period not to exceed one year.

C. With the prior authorization and consent of the planning commission of the city, a commercial coach may be parked, stored, left, kept or maintained, for construction offices or storage purposes, for a period not to exceed 180 days.

15.12.030 Criteria for mobilehome park development.

A. In General. The contents of this chapter do constitute the minimum standards for locational criteria and physical development. Deviation from these standards may be permitted only by the planning commission upon such reasons as it deems valid. The criteria as set forth in this chapter shall be considered by the city in the determination as to whether or not a proposed mobilehome park is so located as to be an asset to the city, will contribute to the well-being of the community in general, will not be a detriment to persons who reside or work in the area, will not be an encroachment into a developed area, but will lend itself to the overall design of the general area, will comply with the applicable governmental regulations and will be compatible with the general plan.

Mobilehome parks may be permitted in any zoning district in the city, subject to obtaining a conditional use permit.

B. Access. Mobilehome parks shall be located adjacent to arterial or collector streets or adjacent to a designated freeway frontage road, provided further that if located adjacent to a collector street or designated freeway frontage road it should be a reasonable distance from an arterial street or freeway access ramp.

C. Community Services. Mobilehome parks should be located within reasonable proximity to parks, schools (if a family type park), shopping facilities and other residential support facilities.

15.12.040 Conditional use permit required.

Mobilehome park developments are permitted in the city subject to the granting of a conditional use permit by the planning commission upon such terms and conditions deemed necessary to insure proper development. The commission must find, prior to the granting of a conditional use permit:

A. That the proposed use would not be detrimental to the public interest, safety, health, morals and general welfare;
Packet Pg. 318

E.3.a
B. That the proposed use is desirable to the public convenience and welfare; C. That the proposed use would not impair the integrity and character of the development in the immediate neighborhood;
D. That the proposed use will not be contrary to or in conflict with the general purposes and intent of this chapter.

15.12.050 Application —Contents.

Every applicant for a permit to construct, establish and maintain a mobilehome park shall file a written application with the planning commission of the city for a conditional use permit which shall contain the name and address of the applicant, the proposed location of the park and the name and address of the owner or proprietor of the park.

15.12.060 Map —Contents, review and approval.

A. Each application shall be accompanied with five copies of a map prepared by a civil engineer or surveyor, clearly and legibly drawn on tracing cloth or paper not smaller than 18 inches by 26 inches, with a scale of one inch equals 50 feet.

B. The map shall contain the following:

1. Name and address of owner, developer and engineer, date, north point and written and graphic scale;

2. Sufficient legal description to define the location and boundaries of the proposed park;

3. The locations, names and widths of all streets adjacent to the proposed park;

4. Adjacent properties and names of the owners thereof;

5. The location and size of all sewer, water and storm drain facilities within and adjoining the proposed park;

6. Contours of the land at six-inch intervals for ground slopes between level and two percent, one -foot contours between two percent and five percent and five-foot contours for over five percent;

7. Location, width and flow direction of all watercourses;

8. Existing buildings or structures and existing uses of the property;

9. Setback or plan lines on existing streets;

10. Improvements to be made to public streets or ways;

11. The location and number of all mobilehome sites, and the design of all roadways, walkways, electrical, sanitation, sewer drainage and water facilities and the location of parking areas;

12. The sizes of mobilehome sites;
Packet Pg. 319

E.3.a

13. Location of areas to be landscaped and the location and type of all existing trees with a height of 20 feet or greater;

14. Data showing the bearing and length of every site line;

15. The center line of all public streets and rights -of -way and the location of all easements for sewer, water and storm line, street and boundary line.

C. Such commission shall determine whether the proposed park meets all the requirements of this chapter and may require any changes therein which, in its estimation, will make the proposed park conform to the requirements of this chapter. The commission may approve the map without conditions, approve the map with changes and conditions or disapprove the map. If a map is disapproved, the commission shall state the reasons therefor and in what instances the map fails to meet the requirements of this chapter.

D. One copy of the map as approved by the planning commission shall be referred to the health officer who shall review the same to determine that the map and all improvements shown thereon proposed to be constructed meet all the requirements of this chapter with respect to sanitation, water, sewer and drainage facilities.

E. One copy of the map as approved by the planning commission shall be referred to the director of public works who shall review the same to determine that the map and all improvements shown thereon proposed to be constructed meets all the requirements of this chapter with respect to sewer and drainage facilities, buildings, roadways, walkways and other similar facilities.

F. One copy of the map as approved by the planning commission shall be referred to the county water conservation and flood control district who shall review the same as to off - site drainage.

15.12.070 Application fee.

The application fee for a conditional use permit for a mobilehome park shall be $15.00.

15.12.080 Enlargement or modification of existing mobilehome parks.

A conditional use permit shall be required to enlarge, change or modify any existing mobilehome park.

No conditional use permit to enlarge, change or modify an existing mobilehome park shall be granted unless and until such mobilehome park shall meet all the requirements of this chapter, excluding the requirement for the minimum park size as provided herein.

15.12.090 Development standards.

A. Jurisdiction of City. The state, through the department of housing and community development, regulates many aspects of the construction and operation of the park. The city has the jurisdiction in respect to the following:

1. Park area layout and design including architectural design; Packet Pg. 320

E.3.a

2. Lot size and shape;

3. Yards;

4. Landscaping;

5. Walls and enclosures;

6. Signs;

7. Parking and street widths;

8. Service and recreational facilities.

B. Mobilehome Park Area. A mobilehome park shall have a usable area of not less than ten acres, except by variance. Long narrow parcels are not deemed desirable for mobilehome park development.

C. Density. The maximum density for a mobilehome park shall be eight units per net acre.

15.12.100 Lot size and design.

A. The minimum lot size permitted shall be 2,600 square feet and the average lot size for the total development shall be at least 2,800 square feet, excluding private streets, guest parking, recreational areas, etc. Each lot shall have a minimum width of 37 feet; except that triangular or gore -shaped lots shall have a minimum width of 37 feet measured at a point midway between front and rear property lines.

B. Each mobilehome lot shall have access directly to a private roadway.

C. The lot area beneath each individual mobilehome shall be paved with two inches of asphaltic concrete, or equivalent, a minimum of two feet beyond the perimeter of each mobilehome. Each mobilehome within the park shall be surrounded by solid skirting material, which skirting shall not unreasonably impede the movement of the mobile - home, which skirting shall be openable for inspection and shall have cross -ventilation on at least three sides with not less than two square feet of opening for each 25 linear feet. All unpaved areas shall be landscaped or sterilized for weeds.

D. A four -inch P.C.C. slab or wooden deck area of 200 square feet minimum shall be provided on each individual mobilehome site adjacent to the entrances of the mobilehome.

15.12.110 Setbacks and lot coverage.

All distances between mobilehomes and related accessory buildings shall be as per the state rules and regulations governing the construction of mobilehome parks, except:

E.3.a
D. That no mobilehome shall be located closer than 20 feet to any recreation or community building, or closer than 15 feet to any laundry or service building; E. No portion of any mobilehome shall be closer than five feet to any lot line; F. The maximum lot coverage for individual mobilehome lots shall be 75 percent and at least 300 square feet of a site shall be free of all structures and coverage.

15.12.120 Parking.

A. All parking spaces, as required by this section, shall measure ten feet in width by 20 feet in depth and shall be surfaced with four inches of P. C. C. or two inches of asphaltic concrete with header boards and suitable base materials. Guest parking spaces shall be suitably marked outlining individual parking spaces and traffic flow.

B. On -site parking spaces for a minimum of two cars shall be provided on each mobilehome lot. Such spaces may be in tandem (ten feet by 40 feet).

C. Off-street parking for guests shall be on the basis of one parking space for each four mobile -home lots.

D. Off-street parking on the basis of one parking space for each 300 square feet of gross floor space in the recreational, all-purpose or community building, shall be provided. Such spaces shall be located adjacent to such facility or within a 100 -foot radius of the exterior walls of the structure.

15.12.130 Streets.

A. All streets within a mobilehome park shall be private roadways and shall be improved as per existing standards of the city. The following private roadway widths shall be permitted:

1. A minimum of 26 -foot wide private roadway with parking prohibited on both sides;

2. A minimum of 32 -foot wide private roadway with parking permitted on one side;

3. A minimum of 40 -foot wide private roadway with parking permitted on both sides;

4. A minimum paved access of 40 feet, as approved by the public works director;

5. All roadways shall have curbs and gutters.

B. If on -street parking is to be permitted, off-street guest parking on the basis of one parking space for each four mobilehome spaces will not be required if the total number of on - street spaces provided will equal or exceed the total number of off-street parking spaces required. If the number of on -street parking spaces does not equal the guest parking requirement the difference shall be provided in off-street parking. Off-street parking requirements for the recreational, all-purpose or community building shall not be affected by the foregoing.

Packet Pg. 322

E.3.a

15.12.140 Walls, fences and screening— Landscaping.

A. The mobilehome park shall be surrounded with a six-foot high block wall, fence or screening, acceptable to the planning commission, on all property lines. However, such wall, fence or screening shall be a maximum of three feet in height when within 30 feet of any entrance to or exit from the property.

B. The wall, fence or screening adjacent to any street frontage shall be decorative in nature, of a design acceptable to the planning commission, and shall be set back a minimum of 30 inches from the property line. The resulting area between property line and wall, fence or screening shall be landscaped.

C. Trees, as required by the planning commission, shall be planted in landscape areas adjacent to exterior property lines so as to provide a pleasant environment through the provision of color and texture and to prevent a bleak appearance of the visual horizon of the park exterior.

D. Interior areas within the boundaries of the mobilehome park surrounding the recreation facility and other miscellaneous common areas shall be landscaped as required by the planning commission.

E. All required landscape areas other than on individual sites shall be equipped with sprinkler systems to insure ease of maintenance.

F. Detailed landscaping plans, in duplicate, shall be submitted to, and approved by, the planning commission prior to the issuance of permits of any type.

15.12.150 Recreational facilities.

A. A minimum of 200 square feet of area for each mobilehome site shall be devoted to indoor and outdoor recreational facilities.

B. Any permanent structure for recreational purposes shall be limited to two stories in height, not exceeding 35 feet.

C. Sidewalks, as per existing standards of the city, shall be provided from the private roadways to the recreational facilities as necessary.

15.12.160 Storage yard areas.

Storage yard areas designed for storage of travel trailers, campers, boats, etc., shall be provided within the boundary of the mobilehome park as per the following standards:

A. One storage space shall be provided for each five mobilehome sites in the park.

B. Each storage space shall be 180 square feet in area and shall be adjacent to an access driveway with minimum width of 25 feet.

C. The storage yard shall be located in an unobtrusive manner within the confines of the park.

Packet Pg. 323

E.3.a
D. The storage yard shall be paved with two inches of asphaltic concrete or four inches of P.C.C. with suitable base materials.

15.12.170 Animals at large.

Dogs and other animals shall not be permitted to run at large in any mobilehome park.

15.12.180 Waste containers and storage receptacles.

Metal or plastic waste containers equipped with tight -fitting lids shall be provided. Storage facilities large enough to hold waste containers shall be provided for each mobilehome site, or there shall be central storage facilities within close proximity to each mobilehome site.

15.12.190 Clothes drying yards.

Clothes drying yards shall be provided and shall be completely screened from view from the exterior of the mobilehome park in a manner acceptable to the planning commission.

15.12.200 Car washing facilities.

Car washing facilities, as required by the planning commission, shall be provided.

15.12.210 Radio and television antennas.

A central radio and television antenna system shall be provided with underground wiring to the individual sites and service buildings, as required. No individual antennas will be allowed.

15.12.220 Utilities.

All utilities within a mobilehome park shall be placed underground.

15.12.230 Lighting.

All private roadways within the mobilehome park shall be provided with lighting standards spaced at intervals to insure adequate roadway lighting and shall be sufficiently artificially lighted to adequately illuminate every building in the park and the area or tract of land containing the park.

15.12.240 Grading.

Park property shall be adequately graded and drained so as to prevent the accumulation of water within the park.

Packet Pg. 324

E.3.a

15.12.250 Signs.

Advertising signs shall be permitted within the confines of the mobilehome park for the purpose of identifying the park only. The following sign shall be permitted: A maximum of eight feet in height, 40 square feet, lighted ground sign.

15.12.260 Commercial uses.

Commercial uses shall not be permitted in any mobilehome park, irrespective of the zoning district in which the park is located.

15.12.270 Street names and lot numbering.

All street names and lot numbering shall be submitted for approval to the planning department.

15.12.280 Off -site improvements.

Off -site improvements shall be provided in accordance with specifications of those city departments concerned.

Packet Pg. 325

E.3.b
CHAPTER 15.12 MOBILEHOMES AND MOBILEHOME PARKS

15.12.010 Definitions.

For the purposes of this chapter:

Mobilehome park means any area or tract of land that has been developed to the mobilehome park standards where space is rented to owners or users of mobilehomes to be used for living purposes.

Mobilehome means a structure designed for human habitation and for being moved on a street or highway under permit as defined by California Civil Code section 798.3.

Commercial coach means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in California Vehicle Code section 635.

15.12.020 Mobilehomes prohibited in certain places —Exceptions.

A. No person shall abandon, park, store, leave, keep or maintain, or permit to be abandoned, parked, stored, left, kept or maintained, any mobilehome upon any private or public property, other than in a mobilehome park.

B. With the prior authorization and consent of the city council of the city, a district, city, county or other political subdivision may park, store, leave, keep or maintain, a commercial coach for industrial, professional or commercial purposes, for a period not to exceed one year.

15.12.030 Criteria for mobilehome park development.

Mobilehome parks may be permitted in any zoning district in the city, subject to obtaining a conditional use permit.

Packet Pg. 326

E.3.b
B. Access. Mobilehome parks shall be located adjacent to arterial or collector streets or adjacent to a designated freeway frontage road, provided further that if located adjacent to a collector street or designated freeway frontage road it should be a reasonable distance from an arterial street or freeway access ramp.

C. Community Services. Mobilehome parks should be located within reasonable proximity to parks, schools (if a family type park), shopping facilities and other residential support facilities.

15.12.040 Conditional use permit required.

A. That the proposed use would not be detrimental to the public interest, safety, health, morals and general welfare;
B. That the proposed use is desirable to the public convenience and welfare; C. That the proposed use would not impair the integrity and character of the development in the immediate neighborhood;
D. That the proposed use will not be contrary to or in conflict with the general purposes and intent of this chapter.

15.12.050 Application —Contents.

15.12.060 Map —Contents, review and approval.

B. The map shall contain the following:

1. Name and address of owner, developer and engineer, date, north point and written and graphic scale;

2. Sufficient legal description to define the location and boundaries of the proposed park;

3. The locations, names and widths of all streets adjacent to the proposed park;

4. Adjacent properties and names of the owners thereof; Packet Pg. 327

E.3.b

5. The location and size of all sewer, water and storm drain facilities within and adjoining the proposed park;

6. Contours of the land at six-inch intervals for ground slopes between level and two percent, one -foot contours between two percent and five percent and five-foot contours for over five percent;

7. Location, width and flow direction of all watercourses;

8. Existing buildings or structures and existing uses of the property;

9. Setback or plan lines on existing streets;

10. Improvements to be made to public streets or ways;

11. The location and number of all mobilehome sites, and the design of all roadways, walkways, electrical, sanitation, sewer drainage and water facilities and the location of parking areas;

12. The sizes of mobilehome sites;

13. Location of areas to be landscaped and the location and type of all existing trees with a height of 20 feet or greater;

14. Data showing the bearing and length of every site line;

15. The center line of all public streets and rights -of -way and the location of all easements for sewer, water and storm line, street and boundary line.

F. One copy of the map as approved by the planning commission shall be referred to the county water conservation and flood control district who shall review the same as to off - site drainage.

Packet Pg. 328

E.3.b

15.12.070 Application fee.

The application fee for a conditional use permit for a mobilehome park shall be $15.00.

15.12.080 Enlargement or modification of existing mobilehome parks.

A conditional use permit shall be required to enlarge, change or modify any existing mobilehome park.

15.12.090 Development standards.

1. Park area layout and design including architectural design;

2. Lot size and shape;

3. Yards;

4. Landscaping;

5. Walls and enclosures;

6. Signs;

7. Parking and street widths;

8. Service and recreational facilities.

B. Mobilehome Park Area. A mobilehome park shall have a usable area of not less than ten acres, except by variance. Long narrow parcels are not deemed desirable for mobilehome park development.

C. Density. The maximum density for a mobilehome park shall be eight units per net acre.

15.12.100 Lot size and design.

B. Each mobilehome lot shall have access directly to a private roadway.

Packet Pg. 329

E.3.b
C. The lot area beneath each individual mobilehome shall be paved with two inches of asphaltic concrete, or equivalent, a minimum of two feet beyond the perimeter of each mobilehome. Each mobilehome within the park shall be surrounded by solid skirting material, which skirting shall not unreasonably impede the movement of the mobile - home, which skirting shall be openable for inspection and shall have cross -ventilation on at least three sides with not less than two square feet of opening for each 25 linear feet. All unpaved areas shall be landscaped or sterilized for weeds.

D. A four -inch P.C.C. slab or wooden deck area of 200 square feet minimum shall be provided on each individual mobilehome site adjacent to the entrances of the mobilehome.

15.12.110 Setbacks and lot coverage.

All distances between mobilehomes and related accessory buildings shall be as per the state rules and regulations governing the construction of mobilehome parks, except:

A. That no mobilehome shall be located closer than 20 feet from a park property line adjacent to a public right-of-way;
B. That no mobilehome shall be located closer than five feet to any internal street line; C. That no mobilehome shall be located closer than five feet from a park property line other than a property line adjacent to a public right-of-way; D. That no mobilehome shall be located closer than 20 feet to any recreation or community building, or closer than 15 feet to any laundry or service building; E. No portion of any mobilehome shall be closer than five feet to any lot line; F. The maximum lot coverage for individual mobilehome lots shall be 75 percent and at least 300 square feet of a site shall be free of all structures and coverage.

15.12.120 Parking.

B. On -site parking spaces for a minimum of two cars shall be provided on each mobilehome lot. Such spaces may be in tandem (ten feet by 40 feet).

C. Off-street parking for guests shall be on the basis of one parking space for each four mobile -home lots.

Packet Pg. 330

E.3.b

15.12.130 Streets.

A. All streets within a mobilehome park shall be private roadways and shall be improved as per existing standards of the city. The following private roadway widths shall be permitted:

1. A minimum of 26 -foot wide private roadway with parking prohibited on both sides;

2. A minimum of 32 -foot wide private roadway with parking permitted on one side;

3. A minimum of 40 -foot wide private roadway with parking permitted on both sides;

4. A minimum paved access of 40 feet, as approved by the public works director;

5. All roadways shall have curbs and gutters.

15.12.140 Walls, fences and screening— Landscaping.

D. Interior areas within the boundaries of the mobilehome park surrounding the recreation facility and other miscellaneous common areas shall be landscaped as required by the planning commission.

E. All required landscape areas other than on individual sites shall be equipped with sprinkler systems to insure ease of maintenance.

F. Detailed landscaping plans, in duplicate, shall be submitted to, and approved by, the planning commission prior to the issuance of permits of any type.

Packet Pg. 331

E.3.b

15.12.150 Recreational facilities.

A. A minimum of 200 square feet of area for each mobilehome site shall be devoted to indoor and outdoor recreational facilities.

B. Any permanent structure for recreational purposes shall be limited to two stories in height, not exceeding 35 feet.

C. Sidewalks, as per existing standards of the city, shall be provided from the private roadways to the recreational facilities as necessary.

15.12.160 Storage yard areas.

Storage yard areas designed for storage of travel trailers, campers, boats, etc., shall be provided within the boundary of the mobilehome park as per the following standards:

A. One storage space shall be provided for each five mobilehome sites in the park.

B. Each storage space shall be 180 square feet in area and shall be adjacent to an access driveway with minimum width of 25 feet.

C. The storage yard shall be located in an unobtrusive manner within the confines of the park.

D. The storage yard shall be paved with two inches of asphaltic concrete or four inches of P.C.C. with suitable base materials.

15.12.170 Animals at large.

Dogs and other animals shall not be permitted to run at large in any mobilehome park.

15.12.180 Waste containers and storage receptacles.

15.12.190 Clothes drying yards.

Clothes drying yards shall be provided and shall be completely screened from view from the exterior of the mobilehome park in a manner acceptable to the planning commission.

15.12.200 Car washing facilities.

Car washing facilities, as required by the planning commission, shall be provided.

15.12.210 Radio and television antennas.

A central radio and television antenna system shall be provided with underground wiring to the individual sites and service buildings, as required. No individual antennas will be allowed.

Packet Pg. 332

E.3.b

15.12.220 Utilities.

All utilities within a mobilehome park shall be placed underground.

15.12.230 Lighting.

15.12.240 Grading.

Park property shall be adequately graded and drained so as to prevent the accumulation of water within the park.

15.12.250 Signs.

15.12.260 Commercial uses.

Commercial uses shall not be permitted in any mobilehome park, irrespective of the zoning district in which the park is located.

15.12.270 Street names and lot numbering.

All street names and lot numbering shall be submitted for approval to the planning department.

15.12.280 Off -site improvements.

Off -site improvements shall be provided in accordance with specifications of those city departments concerned.

Packet Pg. 333

F.1

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
SUBMITTED: August 16, 2023
DEPARTMENT: Administrative Services
DEPARTMENT HEAD: Casey Estorga, Administrative
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-162, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A CONTRACT TO APPOINT DAVID MIRRIONE AS

THE CITY OF HOLLISTER CITY MANAGER
BRIEF DESCRIPTION: The City Council will consider a resolution to approve and authorize execution of a new employment agreement with David Mirrione for the position of City Manager.

RECOMMENDATION: Adopt a resolution approving an employment agreement between the City of Hollister and David Mirrione for City Manager services.

DEPARTMENT SUMMARY: The City of Hollister's City Manager position serves as the organization's chief executive and administrative head of the City government under the direction and control of the City Council. The City Manager position is currently vacant and has been since March 2023.

David Mirrione has been serving as the City's Interim City Manager since March 6, 2023.

At the August 7, 2023 City Council Meeting the City Council met in closed session and directed staff to prepare an employment agreement appointing David Mirrione as permanent City Manager and for that employment agreement to be considered for approval at the August 21, 2023 City Council Meeting.

FINANCIAL IMPACT: The employment agreement includes an annual salary of $275,000 and other benefits, including those benefits outlined in the Executive Management Salary and Benefits Plan.

Funding for these costs have been included in the Fiscal Year 2023-24 Adopted Budget.

CEQA: Not a project.

ATTACHMENTS:

1. 20230821_City Manager Contract_Mirrione
Packet Pg. 334

F.1
RESOLUTION NO. 2023-162

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

CONTRACT TO APPOINT DAVID MIRRIONE AS THE CITY OF HOLLISTER CITY

MANAGER
WHEREAS, on August 21, 2023, after careful review, consideration, including after conducting a public employee performance evaluation in closed session on August 7, 2023, the City Council has approved an employment contract with David Mirrione for the position of City Manager with the City of Hollister; and
WHEREAS, on August 21, 2023, after careful review and consideration, the City Council determined that it is in the best interest of the citizens of Hollister to approve a four-year contract with David Mirrione for employment with the City of Hollister for the position of City Manager; and
WHEREAS, David Mirrione has proven the ability to perform duties of the City Manager position in a professional and competent manner; and
WHEREAS, David Mirrione has agreed to serve and be employed as City Manager of the City of Hollister on the terms and conditions set forth in the attached agreement.

NOW, THEREFORE BE IT RESOLVED that the Mayor of the City of Hollister is hereby authorized and directed, for and on behalf of the City Council, to execute the agreement for City Manager Services between the City of Hollister and David Mirrione.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of August, 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
Packet Pg. 335

F.1
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-162, 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 21st day of August, 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 August, 2023.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Packet Pg. 336

F.1.a

EMPLOYMENT AGREEMENT

CITY MANAGER, CITY OF HOLLISTER
This Employment Agreement ("Agreement") is entered into on August 21, 2023, by and between the City of Hollister ("City") and David Mirrione ("Employee"), with respect to the following Recitals, which are a substantive part of this Agreement:

RECITALS
A. Employee is currently serving as the Interim City Manager and has been selected by the City Council to serve as the new City Manager.

B. Employee desires to become the new City Manager and City desires to appoint Employee to the City Manager position, subject to the terms of this Agreement.

NOW, THEREFORE, City and Employee agree as follows:

1. Employment. City employs Employee as the City Manager effective beginning on August 21, 2023. Employee serves at the pleasure of the City Council subject to the terms and conditions set forth below. Employee's employment with the City as City Manager is at the mutual consent of both Employee and the City. There are no express or implied agreements contrary to the foregoing.

2. Term. This Agreement shall be in effect for a period of four (4) years beginning on August 21, 2023, unless terminated in accordance with Section 6 below. In the event of termination pursuant to Section 6, Employee shall not be entitled to any additional compensation except as provided in Section 6. This agreement shall automatically rollover each year following the initial term of four (4) years' unless Employee receives a written notice of termination 180 days before the expiration of any extension.

3. Salary. Employee shall receive an annual base salary of Two Hundred Seventy -Five Thousand Dollars and Zero Cents ($275,000.00). Employee's annual base salary shall never be less than 110% of the base salary of the City's next highest paid employee and Employee's base salary shall be automatically adjusted upward accordingly. Employee will be entitled to cost of living adjustments made applicable to all executive management employees. Following Employee's annual performance evaluation as addressed in Section 5 herein, City and Employee may mutually agree to an increase in compensation of up to ten percent. Performance increases approved by City Council pursuant to this agreement shall not require an amendment to this Agreement to be effective.

4. Duties and Professional Conduct of the City Manager. Employee shall have the powers and shall perform the duties prescribed in the Hollister Municipal Code for the City Manager. Employee shall also perform such additional responsibilities as may be assigned by the City Council. Employee shall adhere to the professional Packet Pg. 337

F.1.a
standards of conduct as prescribed by the International City/County Management Association.

ICMA Code of Ethics
a. The Parties mutually desire for Employee to be subject to and comply with the International City Management Association (ICMA) Code of Ethics (Attachment A).
b. Employee commits to comply with the current ICMA Code of Ethics. c. The City and the Council agree that neither the Council nor any of its members will give Employee any order, direction, or request that would require Employee to violate the ICMA Code of Ethics.

5. Hours of Work. The City Manager is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligations of the City Manager's position. The City Manager does not have set hours of work as the City Manager is expected to be available at all times. It is recognized that the City Manager must devote a great deal of time to the business of the City outside of the City's customary office hours, and to that end the City Manager's schedule of work each day and week shall vary in accordance to the work required to be performed. The City Manager shall spend sufficient hours on site to perform the City Manager's duties; however, the City Manager has discretion over the City Manager's work schedule and work location. The City Manager shall not spend more than 12 hours per month in teaching, consulting, speaking, or other non -City connected business for which compensation is paid without the express prior consent of the City Council.

6. Evaluation. Employee shall receive a performance evaluation in August of each year during the Term of this Agreement, or more often as may be requested by the City Council. It shall be the responsibility of Employee to schedule those evaluations. Failure to evaluate shall have no effect on the rights, duties, and obligations of the parties herein.

7. Termination and Severance.
a. Termination Without Cause. A super majority (4/5) of the entire City Council may terminate this Agreement at any time without cause by providing at least thirty (30) days written notice to Employee.

In the event of termination without cause, Employee shall be entitled to twelve (12) months' severance compensation. The severance will include the payout of all accrued vacation time, all accrued sick time, all accrued administrative leave time, the cash value of twelve (12) months' long-term disability and twelve (12) months' cash value of employer share of health benefits. Severance shall be paid in one lump sum or on the payroll schedule (Employee's preference) and in the same manner as the customary payout of earned benefits.
2 Packet Pg. 338

F.1.a
b. Termination for Cause. A majority (3/5) of the entire City Council may terminate this Agreement immediately for cause. If Employee is terminated for cause, Employee shall not be entitled to the severance compensation under this Section. c. For Cause Defined. Cause shall be defined to include, but shall not be limited to, any of the following:
(a) failure of the City Manager to observe or perform any of his/her duties and obligations, or failure to carry out a directive of the City Council, if that failure continues for a period of thirty (30) days from the date of his/her receipt of notice from the City Council specifying the acts or omissions deemed to amount to that failure;
(b) repeated unexcused absences from the City Manager's office and duties; (c) conviction of a felony or a misdemeanor crime involving acts of moral turpitude under California law;
(d) continued abuse of non-prescription drugs or alcohol that materially affects the performance of employee's duties;
(e) breach of this Agreement.
d. Termination Defined. Termination shall mean removal from office or a request that the City Manager resign. Termination shall not mean a reduction of benefits generally applicable to all management employees.
e. Joint Statement. Upon either termination for cause, termination without cause, or resignation, an agreed upon joint statement shall be issued by the parties. The City and the Employee agree that no member of the City Council, the City Management staff, nor the Employee, shall make any written, oral or electronic statement to any member of the public, the press, or any city employee concerning the Employee's termination except in the form of a joint press release or statement, the content of which is mutually agreeable to the City and the Employee. The joint press release or statement shall not contain any text or information that is disparaging to either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry. The sole remedy to any aggrieved party for a violation of this Section shall be the payment to aggrieved party by the other party of One Thousand Dollars ($1,000) per occurrence.
f. Resignation. Employee may choose to resign his office instead of being terminated if a decision by the City Council to terminate has been made in closed session.

In such an event, the Joint Statement as provided for in paragraph 6e will note that the Employee has resigned and paragraph 6a will remain applicable. g. Citywide Reduction in Salaries. The City Council may reduce the City Manager's Base Salary as part of a City-wide reduction in City employee salaries. If the City reduces the Base Salary or any other financial benefit of the City Manager in a percentage that is greater than the average reduction of all employees, such action shall constitute a termination of this Agreement without cause under paragraph 6a of this Agreement, and City Manager shall be entitled to Severance. 3 Packet Pg. 339

8. Notice of Resignation. Employee shall provide to City at least thirty (30) days' written notice of his intent to voluntarily resign as the City Manager.

9. Conviction of Crime Involving Abuse of Office. Regardless of the term of this Agreement, if this Agreement is terminated, any cash settlement related to the termination shall be fully reimbursable to City if Employee is convicted of a crime involving an abuse of his office.

10. Benefits and Allowances. During the Term of this Agreement, Employee shall continue to receive all of City's best miscellaneous executive management benefits for PERS retirement, annuities, deferred compensation, life and other insurance, expense and reimbursement allowances, medical, dental and vision plans, sick leave, vacation, compensatory time off, worker's compensation and similar subsequent or replacement benefits, all in accordance with the terms and conditions thereof as adopted or approved by the City Council. In addition, Employee shall receive the following:
a. All memberships and subscriptions as Employee determines necessary to the position of City Manager.

11. Professional Development The City agrees to budget for and to pay membership fees/dues, conference/meeting registrations, and travel and subsistence expenses of Employee for professional development and official travel, meetings, and occasions adequate to continue his professional development and to adequately pursue necessary official and other functions of the City, including but not limited to the annual Conference of the League of California Cities ("LCC"), the LCC Spring City Manager's Department meeting, and annual ICMA Conference. Travel and conference expenses shall be reimbursed for reasonable expenses only and in accordance with the City's policies governing travel and conference expense reimbursement.

12. Expense Reimbursement. City shall reimburse Employee for actual and necessary expenses incurred within the scope of employment in accordance with City's reimbursement schedules and policies.

13. Duties and Professional Conduct of Members of the City Council (Council). Council shall abide by the Hollister Municipal Code Chapter 2.04 and shall not unduly interfere with the City Manager's responsibilities as set forth in Municipal Code Chapter 2.08. Failure of any member of Council to follow the foregoing shall result in Employee's ability to immediately terminate this Agreement. Upon Employee terminating this Agreement, he shall be entitled to the same severance pay as set forth in paragraph 6a.

14. Indemnification. The City agrees to defend, hold harmless and indemnify Employee, subject to the provisions and limitations set forth in Government Code section 825 et seq., against any and all claims, liabilities, expenses or damages of any nature, including reasonable attorney's fees, arising out of or in connection with 4 Packet Pg. 340

Employee's performance of the course and scope of this Agreement. The City may decline to defend Employee as permitted in the California Government Code. At its sole discretion, the City may compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered therefrom. The provisions of this Section shall survive the termination of this Agreement.

15. Notices. Any notices required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given and deemed served upon the other party if sent by United State Postal Service, first class postage prepaid, and addressed as follows:

TO CITY:

TO EMPLOYEE:

City Council
c/o City Attorney
Lozano Smith
7404 N. Spalding Avenue
Fresno, CA 93720
David Mirrione
City Manager
City of Hollister
375 Fifth Street
Hollister, CA 95023
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the US Postal Service.

15. General Provisions.
a. Governing Law and Venue. This Agreement and the rights and obligations of the parties shall be governed by and construed in accordance with the laws of the State of California. The parties also agree that, in the event of litigation, venue shall be the state courts located in San Benito County, California. b. Entire Agreement. This Agreement contains the entire agreement and understanding between Employee and City with respect Employee's employment as City Manager. There are no oral understandings, terms, or conditions, and neither party has relied upon any representation, express or implied not contained in this Agreement. c. No Assignment. Employee may not assign or transfer any rights granted or obligations assumed under this Agreement.
d. Modification. This Agreement cannot be changed or supplemented orally.

It may be modified or superseded only by a written instrument executed by both of the parties.
e. Effect of Waiver. The failure of either party to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement by the 5 Packet Pg. 341

F.1.a
other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times. f. Severability. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provision of the Agreement shall continue in full force and effect.

CITY CITY MANAGER
By:

By
r
Mia Casey, Mayor David Mirrione

APPROVED AS TO FORM
Mary F. Lerner, City Attorney
6 Packet Pg. 342

ICMA I ethics
Exhibit A

Page 3 ends

F.1.a
organization or externally —should avoid participating in matters that create either a conflict of interest or the perception of one. They should disclose any potential conflict to the governing body so that it can be managed appropriately.

Conduct Unbecoming. Members should treat people fairly, with dignity and respect and should not engage in, or condone bullying behavior, harassment, sexual harassment or discrimination on the basis of race, religion, national origin, age, disability, gender, gender identity, or sexual orientation.

Tenet 4. Serve the best interests of all community members.

GUIDELINES
Effects of Decisions. Members should inform the appropriate elected or appointed official(s) of a decision's anticipated effects on community members.

Promote Equity. Members should ensure fairness and impartiality in accessing programs and services and in the enforcement of laws and regulations. Members should assess and propose solutions to strive to eliminate disparities.

Tenet 5. Submit policy proposals to elected officials; provide them with facts, and technical and professional advice about policy options; and collaborate with them in setting goals for the community and organization.

Tenet 6. Recognize that elected representatives are accountable to their community for the decisions they make; members are responsible for implementing those decisions.

Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.

GUIDELINES
Elections of the Governing Body. Members should maintain a reputation for serving equally and impartially all members of the governing body of the local government they serve, regardless of party. To this end, they should not participate in an election campaign on behalf of or in opposition to candidates for the governing body.

Elections of Elected Executives. Members shall not participate in the election campaign of any candidate for mayor or elected county executive.

Running for Office. Members shall not run for elected office or become involved in political activities related to running for elected office, or accept appointment to an elected office.

They shall not seek political endorsements, financial contributions or engage in other campaign activities.

Packet Pg. 343

F.2
SUBMITTED:

DEPARTMENT:

DEPARTMENT HEAD:

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
August 2, 2023
Police
Carlos Reynoso, Police Chief
TITLE OF ITEM: RESOLUTION NO. 2023-163, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH FLOCK GROUP, INC. FOR GUNSHOT DETECTION SERVICES
BRIEF DESCRIPTION: This resolution will authorize the Mayor to sign an agreement with Flock Safety (Flock Group, Inc.) to provide gunshot detection and license plate reading cameras for an area of about one square mile of Hollister. This is part of the existing budget and per council recommendation.

RECOMMENDATION: Adopt a resolution authorizing the Mayor to sign an agreement with Flock Group, Inc. for gunshot detection service.

DEPARTMENT SUMMARY: In late 2022, Members of the City Council expressed interest in obtaining gunshot detection devices in the city of Hollister. The police department was able to arrange for two separate presentations during City Council meetings from companies that provide that service.

The companies that provided presentations were Shotspotter, inc. and Flock Safety, aka Flock Group, Inc. The Council provided direction to staff to pursue an agreement with Flock Safety for several reasons. One of the reasons was the ability of Flock Safety to also incorporate up to 15 license plate reading cameras along with their RAVEN gunshot detection system. Additionally, the FLOCK Safety system allows for private individuals, schools and HOA's to purchase their own FLOCK systems. FLOCK Safety will incorporate those devices purchased in the community by other resources to the city and essentially expand the crime fighting and crime investigating resource to the police department.

Flock provided a quote for the services for the first and second year. The cost has been incorporated into the approved 2023-2024 fiscal year budget for the police department.

The attached contract provides a breakdown of a cost of $93,500 for the first year and $80,000 for the second year. Additionally, as the system is installed throughout the designated area, there may be a $500 savings if the RAVEN gunshot detection devices can be installed on existing city poles instead of Flock Safety installed poles. Therefore, there is a good possibility the fees incurred in the first year will be less than the $93,500 listed in the contract.

The system will be evaluated each year to document the effectiveness of the system in Hollister. A report will be generated and presented to Council to determine if the contract should be terminated at the end of this contract, extended for additional years or possibly expanded to incorporate additional parts of the city.

Packet Pg. 344

F.2
Flock Safety, Inc. is the only company providing the RAVEN system and is considered a sole source provider of the RAVEN/FLOCK system.

Staff recommends approval of this resolution and thereby facilitate the installation of the system in Hollister.

FINANCIAL IMPACT: up to $93,500 in this fiscal year from the existing budget.

CEQA: N/A
ATTACHMENTS:

1. FLOCK Safety CA - Hollister PD - Clean

2. proposed 1 sq mile Hollister

3. Raven FAQs2023

4. Sole Source Letter 20230712 002721

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

THE STAFF RECOMMENDATION
as• _
IP
David Mirrione, Interim City Manager
Packet Pg. 345

F.2
RESOLUTION NO. 2023-163

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WITH FLOCK GROUP, INC. FOR GUNSHOT

DETECTION SERVICES
WHEREAS, the City Council of the City of Hollister felt a need to obtain a gunshot detection system in the area of Hollister with the most reported gun related crimes; and WHEREAS, the City Council received two presentations from the leading providers of gunshot detection systems for large areas of a city; and WHEREAS, the City Council provided direction to staff to obtain the services from Flock Safety for their RAVEN gunshot detection system; and
WHEREAS, the cost of the system has already been approved and dedicated in the existing fiscal year budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorize the Mayor to sign the agreement with Flock Group, Inc. for gunshot detection services.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of August, 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
Packet Pg. 346

F.2
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-163, 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 21st day of August, 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 August, 2023.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Packet Pg. 347

F.2.a
frock safety
Packet Pg. 348

Company Overview
F.2.a
At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety's public safety operating system 2000+ 120
communities with private- incident alerts / minute
public partnerships
1B+ <60%*
1B+ vehicles detected / <60% local crime reduction
month in Flock cities
*According to a 2019 study conducted by Cobb County Police Department Introduction
Layer Intelligence to Solve More Crime
The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out -of -box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

Packet Pg. 349

Out -of -Box Software Features
F.2.a
Simplified Search
Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint'" technology. Search filters include:
• Vehicle make
• Body type
• Color
• License plates
o Partial tags
o Missing tags
o Temporary tags
o State recognition
• Decals
• Bumper stickers
• Back racks
• Top racks
National and Local Sharing
Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross -jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts
Receive SMS, email, and in -app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map
View your AVL, CAD, traffic, and LPR alerts alongside live on - scene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis
Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

Packet Pg. 350

Out -of -Box Software
Transparency Portal
Features (Continued)
Establish community trust with a public -facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard
Access at -a -glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application
Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO)
Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log -in process.

F.2.a
Packet Pg. 351

F.2.a
License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint"" technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location -flexible deployment options with 30% more accurate reads than leading LPR.* *Results from the 2019 side -by -side comparison test conducted by LA County Sheriff's Department Flock Safety Falcon®LPR Camera
Flock Safety Falcon® Flex
Flock Safety Falcon® LR
Fixed, infrastructure -free LPR camera
designed for permanent placement.

V 1 Standard LPR Camera
V Unlimited LTE data service + Flock OS
platform licenses
V 1 DOT breakaway pole
V Dual solar panels
V Permitting, installation, and ongoing
maintenance
Location -flexible LPR camera designed
for fast, easy self -installation, which is
ideal for your ever-changing
investigative needs.

V 1 LPR Camera
V Unlimited LTE data service + software
licenses
V 1 portable mount with varying -sized
band clamps
V 1 Charger for internal battery
V 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high -volume
roadways like highways and interstates.

V 1 Long Rage LPR Camera
V Computing device in protective poly
case
V AC Power
V Permitting, installation, and ongoing
maintenance
Packet Pg. 352

Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don't disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation
Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support
Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance
We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations
Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

F.2.a
Packet Pg. 353

F.2.a
Customer: CA - Hollister PD
Legal Entity Name: CA - Hollister PD
Accounts Payable Email: [email protected] Address: 395 Apollo Way Hollister, California 95023
Hardware and Software Products
Annual recurring amounts over subscription term

EXHIBIT A

ORDER FORM
Initial Term:

Renewal Term:

Payment Terms:

Billing Frequency:

Retention Period:
24 Months
24 Months
Net 30
Annual Plan - First Year Invoiced at Signing.
30 Days
Flock Safe Platfo
$80,000.00
Flock Safety Flock OS
F1ockOS TM
Flock Safety LPR Products
Flock Safety Falcon OD
Flock Safety Audio Products
Flock Safety Raven ® - lmi
Professional Services and One Time Purchases
Included
Included
Included
1 15
1 Included
Included
Included
Item
Cost
Quantity T
One Time Fee
Flock Safety Professional Services
Professional Services - Standard Implementation Fee
Professional Services - Advanced Implementation
Fee
$650.00
$1,900.00
12 3
Subtotal Year 1:

Annual Recurring Subtotal:

Estimated Tax:

Contract Total:
$7,800.00
$5,700.00
$93,500.00
$80,000.00
$0.00
$173,500.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Term') unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term.

Packet Pg. 354

Billing Schedule
F.2.a
Billing Schedule
Amount (USD)
Year 1
At Contract Signing
$93,500.00
Annual Recurring after Year 1
$80,000.00
Contract Total
$173,500.00
*Tax not included
Packet Pg. 355

Product and Services Description
F.2.a
Flock Safety Platfo
Flock Safety Falcon ®
An infrastructure -free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

Flock Safety Raven®
An audio detection device that provides real-time alerting to law enforcement based on programmed audio events.

The Term shall commence upon first installation and validation of Flock Hardware.

One -Time Fees
Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Packet Pg. 356

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Hollister PD
By:

Name:

Title:

Date:

By:

Name:

Title:

Date:

PO Number:

F.2.a
Packet Pg. 357

F.2.a
Master Services Agreement
This Master Services Agreement (this "Agreement") is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 ("Flock") and the entity identified in the signature block ("Customer") (each a "Party," and together, the "Parties") on this the 11 day of July 2023. This Agreement is effective on the date of mutual execution ("Effective Date"). Parties will sign an Order Form ("Order Form") which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock's technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer ("Notifications"); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock's standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, ("Permitted Purpose").

Packet Pg. 358

AGREEMENT
F.2.a
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 "Anonymized Data" means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 "Authorized End User(s)" means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 "Customer Data" means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. "Customer Hardware" means the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 "Embedded Software" means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 "Flock Hardware" means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

Packet Pg. 359

1.7 "Flock IP" means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 "Flock Network End User(s)" means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 "Flock Services" means the provision of Flock's software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 "Footage" means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 "Hotlist(s)" means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 "Installation Services" means the services provided by Flock for installation of Flock Services.

1.13 "Retention Period" means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 "Vehicle Fingerprint'M" means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

Packet Pg. 360

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non -transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form ("Retention Period"). Authorized End Users will be required to sign up for an account and select a password and username ("User ID"). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on -site support and maintenance services in -person, via phone or by email at [email protected] (such services collectively referred to as "Support Services").

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its agencies, the competitive strength of, or market for, Flock's products or services, such platform or system's cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

F.2.a
Packet Pg. 361

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock's provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third -party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer's and any Authorized End User's access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer's account ("Service Suspension"). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

F.2.a
Packet Pg. 362

3. CUSTOMER OBLIGATIONS
F.2.a

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer -issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as "Customer Obligations").

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable, worldwide license to use the Customer Data and perform all acts as necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, Packet Pg. 363

text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ("Customer Generated Data"). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer's intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

F.2.a

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any Packet Pg. 364

such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer's rights. There are no implied rights.

F.2.a
Packet Pg. 365

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days' prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days' notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or F.2.a
Packet Pg. 366

withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the "Term"). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a "Renewal Term") unless either Party gives the other Party notice of non -renewal at least thirty (30) days prior to the end of the then -current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period ("Cure Period"). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, (iii) upon the other Party's dissolution or ceasing to do business; or (iv) upon reasonable discovery that any of the Services provided violate applicable law. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro -rata portion of the pre -paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 11.1 and

11.6. F.2.a
Packet Pg. 367

8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER
F.2.a

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Customer must notify Flock's technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule ( https://www.flocksafety.com/reinstall-fee-schedule) . In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A Packet Pg. 368

PARTICULAR PURPOSE AND NON -INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF F.2.a
Packet Pg. 369

LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; (ii) any damage or injury to property or person directly caused by Flock's installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees; or (iii) any violation of applicable law directly caused by Flock's Hardware and for which Customer is liable, except in instances were such violation was caused solely by the negligence of the Customer or its agents, officers or employees. Except for violations of law, Flock's performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts F.2.a
Packet Pg. 370

which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Customer's default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan ("Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at ( https://www.flocksafety.com/reinstall-fee-schedule) . Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C ("Customer Obligations"). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock's Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations F.2.a
Packet Pg. 371

under this agreement, provided that Flock's use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock's obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule ( https://www.flocksafety.com/reinstall-fee-schedule) , and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer's purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer's purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

Packet Pg. 372

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer's prior written consent and the mutual execution by authorized representatives ("Special Terms"). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer's name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section

2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

F.2.a
Packet Pg. 373

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Morality. In the event Customer or its agents become the subject of an indictment, contempt, scandal, crime of moral turpitude or similar event that would negatively impact or tarnish Flock's reputation, Flock shall have the option to terminate this Agreement upon prior written notice to Customer.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested.

11.16 Non -Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose. Customer shall have the right to terminate this Agreement for non appropriation with thirty (30) days written notice without penalty or other cost.

F.2.a
Packet Pg. 374

F.2.a
FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

Packet Pg. 375

EXHIBIT B

INSURANCE
F.2.a
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than "A" and "VII". Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate;
(iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;
(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non -owned and hired automobile coverage; and Packet Pg. 376

(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

F.2.a
Packet Pg. 377

Proposed Coverage Area: 1.0 mi2
blr,rj
F.2.b
The map depicts the following within
the proposed ShotSpotter 1.0 mi2
coverage area (outlined in blue):
• Homicide = 2 (100%)
• Aggravated Assault = 27 (36.5%)
Shooting = 11 (42.3%)
Brandishing = 32 (47.8%)
• SW = 5 (38.5%)
• UN = 20 (35.1%)
Total Incidents = 97 (40.4
Packet Pg. 378

F.2.c
ftock safety
About Flock Safety
Raven R Gunshot
Detection Technolo •
y
Flock Safety has the same approach to
rivacy with every product.

HOW DOS i FLOCK SAFETY'S RAVEN® TECHNOLOGY WORK?
Flock Safety Raven® devices help local law enforcement respond more quickly to potential instances of gun violence, and lead more effective investigations in firearm -related crimes. When a gunshot occurs, Flock Safety Raven® notifies the local police department in under one minute about the firearm discharge. These notifications include an audio recording, location coordinates within 90 feet of the alert, and the ability to search nearby License Plate Reader (LPR) cameras for potential suspect vehicles.

Flock Safety Raven® technology pairs with the Flock Safety Falcon® license plate reader system and/or other tools to help your police department develop investigative leads and deliver a more situationally-aware response to gunfire.

HOW DO GUNSHOT DET!0TION SENSORS HELP THE COMMUNITY?
Nearly 80% of gunshots go unreported, meaning victims are left untreated and offenders remain at -large. When gunshots are reported, it often takes 5-10 minutes for a witness to call 911.

Automated, near real-time alerts enable first responders to locate and treat victims, saving lives, and preserving critical evidence, like shell casings, that become more difficult to recover as more time passes after a shooting.
'Hock safety
flocksafety.com
(866) 901-1781 I support flocksafety.com
Packet Pg. 379

WHAT DATA DOES FLOCK SAFETY'S RAVEN® COLLECT?
Flock Safety Raven® devices record 5 -second audio clips of a gunshot, but it does not record voices or other sounds. Flock Safety Raven® also gathers location data through triangulation.

Your police department can download the 5 second gunshot audio clip for their investigations.

All Flock Safety Raven® audio detection data is deleted from Flock Safety after 30 days.

HOW DOES FLOCK SAFETY KEEP DEVICS AND DATA SECURE?
Flock Safety holds itself to the highest level of security with the following policies:
• All data and footage is encrypted throughout its entire lifecycle and securely stored with our cloud provider, Amazon Web Services Cloud.
• On -device, data is only stored temporarily for a short time until it is uploaded to the cloud, at which point it is removed automatically from the local device. All data (both footage and metadata) is fully encrypted in a unique encryption key when stored on the cloud servers. • Flock Safety defaults to permanently deleting all data after 30 days on a rolling basis, setting a new standard in the industry.

WHO HAS ACCESS TO DATt COLLECTED BY FLOCK SAFETY RAVEN® DEVICES? Flock Safety's customers own 100% of their data and determine who has access. Flock Safety will never share or sell the data, per our Terms of Service.

WHAT FEATURES DO FLOCK SAFETY DEVICES HAVE THAT ENABLE AUDITS AND OVERSIGHT? To perform a search on the Flock Safety platform, all law enforcement users must enter reason codes to verify the legitimacy of the search and create an audit trail.

Authorized users go through training to properly use the system and communicate with their dispatch teams.

Flock Safety customers commit not to use the data to work with third -party repossession companies, revenue collection, unpaid fines, or towing companies. The system does not contain facial recognition, voice recognition, or capture any personally identifiable information such as name, phone number, or address. We do not work with federal agencies for immigration enforcement purposes. 'Hock safety
flocksafety.com
(866) 901-1781 I support flocksafety.com
Packet Pg. 380

F.2.d
f ock safety
Sole Source Letter for Flock SafetyTM ALPR Cameras and Solution Flock Safety is the sole manufacturer and developer of the Flock Safety ALPR Camera. Flock Safety is also the sole provider of the comprehensive monitoring, processing, and machine vision services which integrate with the Flock Safety ALPR Camera.

The Flock Safety ALPR camera and devices are the only Law Enforcement Grade ALPR System to offer the following combination of proprietary features:

1. Vehicle Fingerprint TechnologyTM:
o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to 'Save Search' based on description of vehicles using our patented Vehicle Fingerprint Technology without the need for a license plate, and set up alerts based on vehicle description
o Only LPR provider with "Visual Search" which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
o Falcon FIexTM: an infrastructure -free, location -flexible license plate reader camera that is easy to self install. Falcon Flex ties seamlessly into the Flock ecosystem with a small and lightweight camera with the ability to read up to 30,000 license plates and vehicle attributes on a single battery charge

2. Integrated Cloud -Software & Hardware Platform:
o Ability to capture two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
o Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 60W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
o Utilizes motion capture to start and stop recording without the need for a reflective plate
1170 Howell Mill Rd. NW • Suite 210, Atlanta, GA 30318
Packet Pg. 381

F.2.d
f ock safety
o Motion detection allows for unique cases such as bicycle capture, ATV, motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption o Cloud storage of footage
o Covert industrial design for minimizing visual pollution

3. Transparency & Ethical Product Design:
o One -of -a -kind "Transparency Portal" public -facing dashboard that details the policies in place by the purchaser, as well as automatically updated metrics from the Flock system
o Built-in integration with NCMEC to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to "opt -out" of being captured

4. Integrated Audio & Gunshot Detection:
o Natively integrated audio detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots)

5. Live Video Integration:
o Ability to apply computer vision to third -party cameras using WingTM LPR, transforming them to evidence capture devices using the same Vehicle Fingerprint technology offered on the Flock Safety FalconTM ALPR cameras o WingTM Livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud -based situational awareness dashboard to increase response time in mission -critical incidents o Manage various government intelligence including ALPR, livestream cameras, CAD, automatic vehicle location (AVL) on Flock Safety's WingTM Suite o Access WingTM Replay to unlock enhanced situational awareness with 7 -day footage retention, Hot List Live Video Instant Replay, and downloadable MP4

6. Partnerships:
o Flock Safety is the only LPR provider to officially partner with AXON to be natively and directly integrated into Evidence.com
o Flock Safety is the only LPR provider to be fully integrated into a dynamic network of Axon's Fleet 3 mobile ALPR cameras for patrol cars and Flock Safety's Falcon cameras
o Access to additional cameras purchased by our HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost
o Ability to potential access additional cameras from Flock Customers, including:

Morgan Hill PD, Galt PD, Lincoln PD, Carmel PD, San Jose PD, Gilroy PD, 1170 Howell Mill Rd. NW • Suite 210, Atlanta, GA 30318
Packet Pg. 382

F.2.d
f ock safety
Seaside PD, Santa Clara SO, Santa Clara PD, Campbell PD, etc, at no additional cost

7. Warranty & Service:
o Lifetime maintenance and support included in subscription price o Flock Safety is the only fully integrated ALPR one -stop solution from production of the camera to delivery and installation
o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
Thank you,
Garrett Langley CEO, Flock Safety
1170 Howell Mill Rd. NW • Suite 210, Atlanta, GA 30318
Packet Pg. 383

F.3

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
SUBMITTED: May 31, 2023
DEPARTMENT: Engineering
DEPARTMENT HEAD: Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-164, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ADOPTING THE CITY OF HOLLISTER SPEED CUSHION

POLICY AND PROCEDURES AND TRAFFIC CALMING PROJECT POLICY AND

PROCEDURES
BRIEF DESCRIPTION: Consider adopting the proposed City of Hollister Speed Cushion Policy and Procedures for City Staff -Installed Speed Cushions and Traffic Calming Project Policy and Procedures.

RECOMMENDATION: Adopt a resolution adopting the City of Hollister Speed Cushion Policy and Procedures and Traffic Calming Project Policy and Procedures.

DEPARTMENT SUMMARY: The City Council recognizes the importance of traffic calming measures to slow vehicles on public streets.

On December 20, 2021, the City Council reviewed Resolution No. 2021-238, a proposed Speed Cushion Policy and Procedures for the City of Hollister, and tabled the item to a special hearing on January 22, 2022.

On January 22, 2022, the City Council did not adopt Resolution No. 2022-9 which provided for the adoption of a Speed Cushion Policy and Procedures. The City Council directed the City Manager to obtain price quotes for speed cushions.

On April 3, 2023, the City Council adopted a modified Resolution No. 2023-51 placing a temporary moratorium on only large scale traffic calming measures that are classified as Capital Improvement Projects and directed staff to return with a formal policy governing the submission and review of resident traffic complaints.

City Councilmembers and staff receive numerous requests for speed cushions to calm traffic on neighborhood streets. Traffic calming measures reduce vehicle speeds, reduce motor -vehicle collisions, and improve safety for pedestrians and cyclists. Speed Cushions are one of many different traffic calming measures. The installation of speed cushions by staff is an easy, low cost, traffic calming measure compared to designing, bidding, and building capital improvement projects with traffic calming measures.

The proposed City of Hollister Speed Cushion Policy and Procedures (Policy and Procedures) provides (a) a standard process, (b) specific acceptance criteria, and (c) procedures to apply, review, approve, and appeal the installation and removal of speed cushions. The City Council may request and approve amendments to the speed cushion policy and procedures when and as desired.

Policy and Procedures are based on the City of Los Banos Speed Cushion Policy and Procedures, City of Pasadena Policies for the Installation of Speed Humps; and FHWA Federal Highway Safety Programs guidelines/information. The City of Pasadena has had a policy in place since 1984 which has been amended at least five times.

Packet Pg. 384

F.3
Speed cushions may be placed on streets where posted speeds are 25 mph or less. Speed cushions may be installed on streets with vehicles trips between 1,000 and 4,000 vehicles trips per day. Additional criteria are outlined in the attached Policy and Procedures.

A key element of the Policy and Procedures is community buy -in by property owners (not residents). The application requires the approval of all property owners near the proposed speed cushion, as the speed cushions increase noise levels day and night. The application also requires that 70% of neighboring property owners approve the installation of a speed cushion.

The Policy and Procedures require the City Engineer or designee to consult with the Fire Department, Police Department, ambulance services, and other emergency service providers regarding the location of proposed speed cushions.

Speed cushions are comprised of at least three cushions. Speed cushions are spaced so emergency vehicle (not police cars) wheels can straddle the center cushion which minimizes the speed reduction while passing over the speed cushions. The distance between most emergency vehicle wheels is greater than most cars and trucks, meaning most cars and trucks will drive over at least one speed cushion.

After one or more applications are deemed complete and conform to the non -traffic study related criteria, staff will bring a resolution to City Council to approve a traffic study and installation of the speed cushion, if warranted. The speed cushion may be deemed warranted only if it complies to all criteria, including the traffic study related criteria.

To maximize the number of speed cushions that can be installed with the available funding, staff will bring a resolution when five applications are deemed complete and conforms to the non -traffic study related criteria; however, applications deemed complete and conforms to the non -traffic study related criteria shall be brought to the City Council not less than quarterly.

Actions of the City Engineer may be appealed to the City Council, including the determination that an application is incomplete or the determination that the application does not conform to the criteria specified in the policy and procedures.

The City Council requested staff prepare a traffic calming project policy and procedures.

FINANCIAL IMPACT: The approval of the Speed Cushion Policy and Procedures has no financial impact.

Financial impacts occur when: (1) staff review an application, prepare a staff reports/resolutions, and install speed cushions; (2) consultants perform traffic studies; and (3) the City purchases speed cushions and associated materials.

Staff intends to group applications for City Council approval to make traffic studies more cost effective; to reduce the costs per speed cushion; and maximize the number of speed cushions that can be installed with the available budget.

The City Council may appropriate funds for traffic studies and purchasing speed cushions and associated materials. Typically, the City's General Funds will be appropriated for the work. The recommended budget for each speed cushion requested is $8,000. The amount does not include staff costs.

Traffic calming projects will be incorporated into the Capital Improvement Program and scope, schedules, costs, and funding will be determined at time.

Packet Pg. 385

F.3
CEQA: Exempt
ATTACHMENTS:

1. Proposed Traffic Calming Policy Policy and Procedures dated August 21, 2023

2. Proposed Speed Cushion Policy and Procedures dated August 21, 2023

3. Traffic Calming Presentation dated August 21, 2023

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

THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
Packet Pg. 386

F.3
RESOLUTION NO. 2023-164

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

CITY OF HOLLISTER SPEED CUSHION POLICY AND PROCEDURES AND TRAFFIC

CALMING PROJECT POLICY AND PROCEDURES
WHEREAS, on December 20, 2021, the City Council reviewed Resolution No. 2021-238, a proposed Speed Cushion Policy and Procedures for the City of Hollister, and tabled the item to the meeting on January 22, 2022; and
WHEREAS, on January 22, 2022, the City Council did not adopt Resolution No. 2022-09 which provided for the adoption of the Speed Cushion Policy and Procedures but did direct the City Manager to obtain price quotes for speed cushions; and
WHEREAS, on April 3, 2023, the City Council adopted a modified Resolution No. 2023-51 placing a temporary moratorium on only large scale traffic calming measures that are classified as Capital Improvement Projects and directed staff to return with a formal policy governing the submission and review of resident traffic complaints; and WHEREAS, City Councilmembers and staff have received numerous requests for speed cushions to calm traffic in neighborhoods; and
WHEREAS, City staff installing speed cushions is an easy, low cost, traffic calming measure compared to designing, bidding, and building capital improvement projects with traffic calming measures; and
WHEREAS, City staff has been working with Kimley-Horn to develop policies and procedures for city staff -installed speed cushions; and
WHEREAS, the Speed Cushion Policy and Procedures provides a standard process, specific acceptance criteria, and procedures to apply, review, approve, and appeal the installation and removal of speed cushions; and
WHEREAS, the application for a speed cushion requires buy -in from property owners by requiring (a) approval of all property owners near a proposed speed cushion, as the speed cushions increase noise levels day and night, and (b) approval by 70% of neighbors for the installation of a speed cushion; and
WHEREAS, the Speed Cushion Policy and Procedures requires the City Engineer or designee to consult with the Fire Department, Police Department, ambulance services, and other emergency service providers regarding the location of a proposed traffic calming; and WHEREAS, adopting the Speed Cushion Policy and Procedures provides consistency and clarity for property owners to petition the City Council to direct staff to install a speed cushion, if warranted, or remove speed cushions.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby adopts the City of Hollister Speed Cushion Policy and Procedures dated August 21, 2023 and a Traffic Calming Policy and Procedures dated August 21, 2023.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 21st day of August, 2023, by the following vote:

Packet Pg. 387

F.3
Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
Packet Pg. 388

F.3
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-164, 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 21st day of August, 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 August, 2023.

Jennifer Woodworth, MMC
City Clerk of the City of Hollister
Packet Pg. 389

F.3.a

CITY OF HOLLISTER
Traffic Calming Project Policy and Procedures
POLICY NUMBER: _
Date: August 21, 2023
Authority: City Council
Purpose
The purpose of the Traffic Calming Project Policy and Procedures is to establish procedures for traffic calming projects.

The primary purpose of traffic calming is to support the livability and vitality of residential and commercial areas through improvements in non -motorist safety, mobility, and comfort. These objectives are typically achieved by reducing vehicle speeds or volumes on a single street or a street network. Traffic calming measures consist of horizontal, vertical, lane narrowing, roadside, and other features that use self -enforcing physical or psycho -perception means to produce desired effects. (Source: FHWA website).

Traffic Calming Projects
Traffic Calming Projects are capital improvement projects typically comprised of a variety of traffic calming measures. Traffic calming projects may cost $100,000s to implement. The Projects are designed by professional engineering firms and constructed by licensed contractor. Traffic calming projects and roadway rehabilitation projects are typically funded by the same funding sources.

Acceptance Criteria
The scope of the traffic calming projects must be approved by City Engineer, Fire Department and the City Council. Due to the variety of the traffic calming measures that may be implemented, no specific acceptance criterial is provided, other than the following:
a) Seventy percent (70%) of the property owners in the neighborhood, as designated by the City Engineer, shall approve the placement of traffic calming measures on the road. Each assessor parcel number has only one vote. A no vote will be recorded for each parcel without a signature on the petition form. b) Traffic calming measures shall not be placed:
a. On roads that could cause a significant delay in response time to an emergency.
b. In locations that cause substantial traffic to be re-routed to parallel and/or adjacent roads.
c. On Truck Routes.
d. At a utility manhole, vault, or box.
e. At or adjacent to a driveway that reduces resident's ability to enter and exit the driveway.
f. At a location that may impede drainage gutters or water flow across a road.
c) Traffic calming measures shall not contribute to other site specific concerns as determined by the City Engineer or designee, including, but not limited to, the Packet Pg. 390

F.3.a
proposed traffic calming measures causing substantial increase in traffic on adjacent and/or parallel roads.
d) Refer to speed cushion policy and procedures regarding requirements for the installation of speed cushions.

Application
a) The policy, applications, and application instructions will be available on the City's website.
b) Each application shall identify a Neighborhood Representative. c) The Neighborhood Representative shall be the single point of contact for the City's Engineering Department and property owners.
d) Neighborhood Representative is responsible for gathering signatures on the "Traffic Calming Petition Form" from property owners in the neighborhood, regardless if the property approves or disapproves of the proposed traffic calming project.
e) The City Engineer or designee will identify the properties that will be considered the "neighborhood" prior to gathering signatures on the form. It may be appropriate to gather signatures from people owning property on adjacent and parallel roads that may experience increased traffic due to the traffic calming measures.
f) Neighborhood Representative shall submit the application to the City Engineer.

Application Review and City Council Action
The City Engineer or designee will review the application for completeness and conformance with the acceptance criteria, except the items that require a traffic study.

The application will be rejected if it is incomplete or the traffic calming project does not conform to the acceptance criteria. Once the review is completed, the City Engineer or designee shall inform the Neighborhood Representative of the decision to accept or reject the application. If the application is rejected, the City Engineer or designee shall describe the reason(s) for the rejection in the rejection letter.

The City Engineer shall provide the application to the Fire Department and Police Department who may reject the application due to any emergency services concerns, such as reduced emergency response times. The application shall be provided to the local ambulance services and other emergency service providers for review and comment which shall be coordinated with the Fire Department and Police Department.

If the proposed traffic calming project conforms to the acceptance criteria, the City Engineer will request City Council to approve: (a) a traffic study to determine if the proposed traffic calming project is consistent with the requirements for traffic calming projects.

The City Engineer may collect multiple applications (up to five) prior to submitting requests to City Council or submit requests quarterly to City Council, whichever comes first. Grouping requests reduces the cost of traffic studies.

Packet Pg. 391

F.3.a
The City Engineer may recommend to City Council that the proposed traffic calming project be placed on hold if funds have not been appropriated for the work.

If the City Council approves the traffic study, the City will contract with an engineering consultant to perform the traffic study and determine if the proposed traffic calming project is warranted. If warranted, the traffic calming project will be included in the next capital improvement program for the City Council's approval of the project. City Council will select which roadway rehabilitation projects and traffic calming projects will be implemented as part of the annual City budget.

Appeals Process
The appeals process allows the City Council to review decisions of the City Engineer relating to the provisions of the Traffic Calming Project Policy and Procedures.

This part shall not apply to other specific procedures for appeal, rehearing, or review that are established by provisions of the City of Hollister Municipal Code.

Any interested person adversely affected by a decision or determination regarding the provisions of the City of Hollister Traffic Calming Project Policy and Procedures made by the City Engineer may file a written notice of appeal with the City Clerk of the City of Hollister, not later than ten (10) days after the day on which the act, decision, or determination being appealed was made. If such date falls on a weekend or City holiday, the deadline shall be extended to the next business day.

The notice of appeal shall state the act, decision, or determination which is being appealed, the identity of the appellant, the address of the appellant, the appellant's interest in the matter, and shall set forth in concise statement the reasons which, in the opinion of the appellant, render the decision made unjustified or inappropriate. A filing fee set by resolution of the City Council shall accompany the notice of appeal. The filing of the notice of appeal shall have the effect of staying the issuance of any act, decision, or determination until such time as the matter is disposed of on appeal.

The City Council shall hear and decide all appeals of the actions of the City Engineer relating to the provisions of the Traffic Calming Project Policy and Procedures.

Following the hearing on the appeal, the City Clerk shall transmit a notice of the decision to the appellant.

Packet Pg. 392

F.3.b

CITY OF HOLLISTER
Speed Cushion Policy and Procedures
POLICY NUMBER: _
Date: August 21, 2023
Authority: City Council
Purpose
The purpose of the Speed Cushion Policy and Procedures is to establish procedures for City staff -installed speed cushions.

Advantages and Disadvantages of Speed Cushions
Speed cushions are one mechanism of reducing speeds on certain roads when properly installed under the right circumstances.

Disadvantages of speed cushions include possible slower response times of emergency vehicles. Speed cushions may divert traffic onto adjacent and parallel roads. They may also increase noise and air pollution for residents living immediately adjacent to the speed cushions. The curb and gutter area near speed cushion placement may experience a reduction in effective street sweeping as well.

Speed cushions are placed so most emergency vehicles (not police cars) can straddle cushions. The space between wheels of most emergency vehicles is greater than most cars and trucks. Emergency vehicles that straddle the cushions should have nominal impacts to response time and rider/passenger discomfort.

Acceptance Criteria
The acceptance criteria are as follows:
a) One hundred percent (100%) of the property owners at and near the proposed location of the speed cushion, designated by the City Engineer, shall approve the speed cushion location (Typically, ten (10) properties) due to the increased noise created by the speed cushions. Example: The properties that front the property on each side of the cushion and the two adjacent properties in each direction. b) Seventy percent (70%) of the property owners in the neighborhood, as designated by the City Engineer, shall approve the speed cushion location. Each assessor parcel number has only one vote. A no vote will be recorded for each parcel without a signature on the petition form.
c) Speed cushions may only be placed on local residential roads as determined by the City Engineer. Local roads are typically roads adjacent to schools or parks and/or with driveways
d) Speed cushions may only be installed on roads that:
a. Have a posted speed limit of 25 mph or less.
b. Are one way or have only one travel lane in each direction. c. Have a length of greater than 1,200 feet. A road may include an intersection without a traffic signal or stop signs.
d. Have a slope (grade) of less than four percent (4%) and curve(s) with a radius of greater than 300 feet.

Packet Pg. 393

F.3.b
e) Speed cushions shall not be placed:
a. On roads that is a primary route for emergency vehicles. b. On roads that could cause a significant delay in response time to an emergency.
c. In locations that cause substantial traffic to be re-routed to parallel and/or adjacent roads.
d. On Truck Routes.
e. At or near turn lanes, including center lanes used for left turns. f. Within 200 feet of an intersection, existing traffic control device, or proposed traffic control device. Traffic control devices include traffic signals and stop signs.
g. At a utility manhole, vault, or box.
h. At or adjacent to a driveway that reduces resident's ability to enter and exit the driveway.
i. At a location that may impede drainage gutters or water flow across a road
f) Speed Cushions shall only be placed at the following roads with (as determined by a Traffic Study)
a. Truck traffic is less than five percent (5%) of daily trips. b. At least fifteen percent (15%) of the vehicles exceed the posted speed limit by 5 mph or more.
c. At least 10% of the vehicles exceed the posted speed limit by at least 10 mph.
d. Traffic volumes that are less than 4,000 vehicles per day. e. Traffic volumes that are greater than 1,000 vehicles per day in each direction.
g) Speed cushion shall not contribute to other site specific concerns as determined by the City Engineer or designee, including, but not limited to, the proposed speed cushion causing substantial increase in traffic on adjacent and/or parallel roads.

Application
a) The policy, applications, and application instructions will be available on the City's website.
b) Each application shall identify a Neighborhood Representative. c) The Neighborhood Representative shall be the single point of contact for the City's Engineering Department and property owners.
d) Neighborhood representative shall be a property owner within 200 feet of the proposed location of the speed cushion.
e) Neighborhood Representative is responsible for gathering signatures on the "Speed Cushion Petition Form" from property owners in the neighborhood, regardless if the property approves or disapproves of the proposed speed cushion.
f) The City Engineer or designee will identify the properties that will be considered the "neighborhood" prior to gathering signatures on the form. It may be appropriate to gather signatures from people owning property on adjacent and parallel roads that may experience increased traffic due to a speed cushion.

Packet Pg. 394

F.3.b
g) If requested, the City Engineer or designee will identify possible locations of the speed cushions prior to submitting the application.
h) Neighborhood Representative shall submit the application to the City Engineer.

The application will be rejected if it is incomplete or the proposed speed cushion does not conform to the acceptance criteria. Once the review is completed, the City Engineer or designee shall inform the Neighborhood Representative of the decision. If the application is rejected, the City Engineer or designee shall describe the reason(s) for the rejection in the rejection letter.

The City Engineer shall provide the application and location/layout of the speed cushion to the Fire Department and Police Department who may reject the application due to any emergency services concerns, such as reduced emergency response times. The application and location/layout shall be provided to the local ambulance services and other emergency service providers for review and comment which shall be coordinated with the Fire Department and Police Department.

If the proposed speed cushion conforms to the acceptance criteria, the City Engineer will request City Council to approve: (a) a traffic study to determine if the proposed speed cushion conforms to the traffic study -related acceptance criteria, and if the installation is warranted; and (b) the installation of the proposed speed cushion, if warranted.

The City Engineer may not recommend the traffic study and/or installation of the proposed speed cushion to City Council. The City Engineer may recommend alternative traffic calming measures.

The City Engineer may recommend to City Council that the proposed speed cushion installation be put on hold if funds have not been appropriated for the work. If the funding is not available, the proposed speed cushion request will be placed on a priority list based on the order of the City Council's approval of the proposed speed cushion, if warranted.

If the City Council approves the traffic study and installation of the speed cushion, the City will contract with an engineering consultant to perform the traffic study and determine if the proposed speed cushion is warranted. If warranted, City staff will install the proposed speed cushion.

Speed cushion installations will be prioritized in the order of the City Council approval date of the installation of the proposed speed cushion, if warranted.

Packet Pg. 395

F.3.b
The City Engineer will prepare and present a report for the City Council that addresses what speed cushions were warranted and installed, or not warranted for failing to meet the acceptance criteria.

Removal and Alterations to Speed Cushions
Additions or alterations of speed cushions may happen at any time. Additions and alterations of speed cushions will be directed by the Public Works Director.

Speed cushions may be removed at any time. Speed cushions may be removed if deemed necessary by the Public Works Director, Fire Chief, or Police Chief.

The following procedure will be used to process a request for speed cushion removal:
a) The request for speed cushion removal will be initiated by a property owner near the location of the speed cushion.
b) Removal of the speed cushion at least fifty-one percent (51 %) of the property owners in property owners approve the speed cushion. (Each assessor parcel number has only one vote),
c) A speed cushion will not be considered for removal within one year of its installation.
d) All removal requests shall be approved by the City Council. e) The City Council may take separate action to remove a speed cushion.

If a speed cushion has been removed from a road, the placement of a new speed cushion on the road will not be considered for a period of 60 months from the date of removal of the speed cushion on the road.

Appeals Process
The appeals process allows the City Council to review decisions of the City Engineer relating to the provisions of the Speed Cushion Policy and Procedures.

This part shall not apply to other specific procedures for appeal, rehearing, or review that are established by provisions of the City of Hollister Municipal Code.

Any interested person adversely affected by a decision or determination regarding the provisions of the City of Hollister Speed Cushion Policy and Procedures made by the City Engineer may file a written notice of appeal with the City Clerk of the City of Hollister, not later than ten (10) days after the day on which the act, decision, or determination being appealed was made. If such date falls on a weekend or City holiday, the deadline shall be extended to the next business day.

F.3.b
of the notice of appeal shall have the effect of staying the issuance of any act, decision, or determination until such time as the matter is disposed of on appeal.

The City Council shall hear and decide all appeals of the actions of the City Engineer relating to the provisions of the Speed Cushion Policy and Procedures.

Following the hearing on the appeal, the City Clerk shall transmit a notice of the decision to the appellant.

Packet Pg. 397

City of Hollister
Traffic Calming Project
Speed Cushion Policy and Procedures
August 21, 2023
Packet Pg. 398

Traffic Calming Projects
Traffic Calming Project is a combination of
measures that reduce the negative effects of
motor vehicle use, alter driver behavior, and
improve conditions for non -motorized street
users.

Purpose is to reduce vehicle speeds,
reduce motor -vehicle collisions, and
improve safety for pedestrians and
cyclists.

Implemented as part of the City's Capita
Improvement Program.

Traffic Calming Projects
• Stand -Alone Project OR Part of Street Rehab Project
• Initiated by Staff OR City Council
• Budgeted in Capital Improvement Plan / Budget
• Prioritized with Similarly Funded Projects
• Implemented When Funding is Available
• Seek Grants — Safe Streets and Roads for All
• Designed by Consultant
• Constructed by Contractor

Speed Cushion Only Project
• Initiated by the Public
• Approved by City Council
• Budget in Annual Budget
• Paid from General Funds
• Traffic Study by Consultants
• Installation by Staff

Speed Cushions Only Process

Speed Cushion Implementation
Resident
Lo
• Submits Application / Staff reviews
City Council
• Approves Traffic Study and Installation, if Warranted Consultant
• Conducts Traffic Study and Determines if
Speed Cushion(s) is Warranted
• Installs Speed Cushion(s) if Warranted
Er --
City Council
Packet Pg. 403

Speed Cushion Application
• Requires Neighborhood Representative — Single Point
of Contact for City
• 70% of property owners on the block and adjacent
blocks, if applicable, shall approve the installation of the speed cushion.
• 100% of property owners with property at or near the
speed cushion (typically 10 properties) shall approve the speed cushion due to increases in noise day and night
• Refer to Policy and Procedures for Entire Criteria
Packet Pg. 404

Some Speed Cushion Criteria
• Local Residential Roads
• Road with only 1 travel lane in each direction
• Posted speed limit is not more than 25 mph
• Fire Department, Police Department, and Ambulance
Services consulted on every project
• 15% of vehicle speeds is greater than posted speed limit by 5 mph or more
• 10% of vehicle speeds is greater than 10 mph over the posted speed limit.
• Truck traffic is less than 5% of daily trips
Packet Pg. 405

Speed Cushion Study Locations
Roadway
Warranted?
Roadway
Warranted?
Roadway
Warranted?
Roadway
Warranted?
Roadway
Warranted?
6th St
Apricot
B St
No
Chappell
Yes
No
Beresini No
Beverly
Yes
Black Forest Yes
Buena Vista
Yes
Cabrillo No
Calistoga
Cerra Vista
No
Yes
No
Highland
Clearview Yes
College
No
East Park Yes
East St
No
El Cerro No
El Toro
Yes
Glenview No
Hawkins
Yes
Haydon No
Hillock
Homestead
Yes Piane Crati
No
No
Line Yes
Maple
No
Mesa No
Mimosa
No
Nez Perce No
North Sally
Paul
Yes
No
Powell
Promise
No Santa Ana
Yes
Yes
Prospect No
Prune
Yes
Raven Yes
Rancho
Yes
RO Hardin Yes
Rustic
Sally
Yes
Yes
Yes
South Yes
Summer
No
Sunset Yes
Tiffany
No
Vallejo No
Valley View
No
Versailles No
Virginia
West St
No
Yes
50 - Total Streets
24 — Streets Warranted (48%) 26 — Streets Not Warranted (52%) Packet Pg. 406

Speed Cushion Installation
Placed mid -block 200 feet away from intersections and
traffic control devices
No obstruction of driveways, utility manholes/boxes, and drainage
Layout cushions so fire trucks, ambulances, and other
emergency vehicles (not police cars) can straddle the
speed cushions — Emergency vehicles wheels are farther
apart than cars and trucks
II
Packet Pg. 407

Update Street Standards
Incorporate Traffic Calming Measures into
• New Developer -Built Streets
• City Street Rehabilitation Projects
New Standards
• Defined Lane Widths for Vehicles,
Bicycles, and Parking Separated by
Striping
• Narrower Vehicle Lanes -10 ft to 11 ft
• Bike Lanes on Wider Existing Streets
• Pedestrian crossings
• Curb extensions (bulb outs)

Discussion

G.1
SUBMITTED:

DEPARTMENT:

DEPARTMENT HEAD:

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
August 15, 2023
Engineering
Glen March, City Engineer
TITLE OF ITEM: LADD LANE AND SOUTHSIDE ROAD TRAFFIC CALMING PROJECT

POST -CONSTRUCTION PUBLIC OUTREACH SESSION SUMMARY
BRIEF DESCRIPTION: Consider accepting the staff report summarizing post -construction public outreach for the Ladd Lane and Southside Road Traffic Calming Project and, if desired, provide direction to staff regarding next steps.

RECOMMENDATION: Accept the staff report and, if desired, provide direction to staff regarding next steps.

DEPARTMENT SUMMARY: The project history and post -construction public outreach efforts are summarized below.

Project History. On March 24, 2020, City staff issued Task Order No. 2020-09 initiating the Project by requesting traffic counts to be conducted for Ladd Lane and Southside Road. On March 1, 2021, the City Council of the City of Hollister (City Council) adopted Resolution No. 2021-38 authorizing the calling for sealed bids for the Project. On April 19, 2021, City Council did not adopt Resolution 2021-69, rejected bids (lowest responsive bid - $907,454.00), and requested staff to reduce project costs.

On December 20, 2021, the City Council adopted Resolution No. 2021-235 authorizing the calling for sealed bids for the Project. On March 7, 2022, the City Council adopted Resolution No. 2022-33, awarding a construction contract in the amount of $596,336.50 to Precision Grade, and authorized the execution of a contract and change orders for the Project.

Traffic Calming Measures. The City of Hollister has wide roads throughout the City. Drivers tend to speed on wide roads. The project installed numerous traffic calming measures.

Traffic calming measures inconvenience motorists by slowing traffic. Many motorists do not like to be inconvenienced. Traffic calming measures do not prevent motorists that are intent on violating the vehicle code, from violating the vehicle code.

The project included the installation of the following traffic measures:

Reduced Number of Vehicle Lanes. One lane in each direction was eliminated to reduce traffic speeds, especially drag racing. The number of lanes were reduced by (1) creating a white diagonal stripe buffer between the bicycle lane and vehicle lane, and (2) a yellow diagonal striped median between the vehicle lanes traveling in opposite directions.

Chicanes. Chicanes (aka reversing curved lanes) were installed to force motorists to steer back and forth, which is intended to reduce speeds. Chicanes reduce traffic speeds by 3 mph to 9 mph. (Source: US Department of Transportation Federal Highway Administration Website)
Packet Pg. 410

G.1
Traffic Circles. Traffic Circles are raised islands, placed within unsignalized intersections, around which traffic circulates to reduce speeds entering, passing, and exiting the intersection. Traffic circles reduce traffic speeds within the limits of a traffic circle by 5 mph to 13 mph. (Source: US Department of Transportation Federal Highway Administration Website)
White 48" Tall, Post Delineators with Reflective Tape (Delineators). The 48" tall delineators installed at ten (10) feet on center are used to separate the travel lane from the bikeway. The delineators replaced the rubberized curbs of an earlier version of the plans.

White 33" tall, Flex -Delineators with Reflective Tape (Flex -Delineators). The 33" tall delineators installed at six (6) feet on center are used to separate the travel lane from the bikeway. The delineators replaced the rubberized curbs of an earlier version of the plans.

Reflective Yellow Domes in Median 'Yellow Domes). The yellow raised pavement domes spaced at two (2) feet on center along the yellow stripes, which are 30 feet apart, are used to make the median more visible and keep drivers in the lanes to prevent drag racing.

Speed cushions were considered, however, the speed cushions were not installed due to the high traffic speeds on Ladd Lane and Southside Road.

Post -Construction Public Outreach Summary. City staff conducted a post -construction public outreach meeting at City Hall on the evening of June 14, 2023. Residents were also able to attend the meeting via video conferencing. The purpose of the meeting was to get feedback on the traffic calming measures installed.

City staff provided residents the opportunity to provide feedback via a Survey Monkey questionnaire. The results of the survey are attached.

The meeting was attended by approximately 40 participants. Nearly all participants wanted change. Some participants wanted the roads to be restored to the pre -construction conditions, that is, restoring two vehicle lanes in each direction. One participant liked the improvements.

Reduced Number of Lanes. Some participants wanted the roads to be restored to the pre -construction conditions. Choices: Maintain one lane in each direction or restore the road to pre -construction conditions.

Chicanes. Some participants wanted the chicanes to be removed and the lanes straightened. Choices: Maintain chicanes, reduce the number of curves, or remove chicanes.

Traffic Circles. Some participants wanted the traffic circles removed. Traffic circles were constructed at the four intersections - Ladd Lane and Paul Drive, Ladd Lane and Talbot Drive, Southside Road and Cobalt Drive, and Southside Road and Nora Drive.

One participant mentioned he had difficulty maneuvering around the traffic circles when towing a trailer or fifth wheel, especially making left turns.

Some participants were concerned about vehicles making left turns at traffic circles.

Some motorists and bicyclists did not expect vehicles to take left turns at traffic circles and would enter the intersection prior to the oncoming vehicle completing the left turn.

Packet Pg. 411

G.1
Motorists may be unaware that motorists should yield to vehicles in the intersection.

Choices: Maintain the traffic circles, remove some traffic circles, or remove all traffic circles.

Delineators. Some participants were concerned about the inability to see vehicles at intersections due to the height and number of delineators. Choices: Maintain delineators, reduce the height of the delineators, reduce the number of delineators, replace delineators with the 33" tall flex -delineator, and/or remove delineators.

Reflectors on Delineators and Yellow Domes. Some participants questioned the need for the amount of delineators and yellow domes as they are very bright when illuminated by vehicle headlights. Choices: Maintain the number of delineators and yellow domes, or reduce the number of delineators and yellow domes.

Other items that were discussed include the following:

Donuts. Motorists performed donuts at intersections prior to the Project and continue to perform donuts after the Project. The traffic circles and raised domes in the medians near the intersection were intended to reduce donuts, however, motorists are driving over and through the raised domes.

Parking. Prior to construction motorists parked illegally in vehicle and bicycle lanes to drop off and pick up students. It is unclear why motorists do not drop off and pick up students at the designated location on school grounds.

Participants requested parking on the roads to drop off and pick up students.

Ten (10) legal parking spaces (not adjacent to the school) were installed on Ladd Lane north of the intersection with Southside Road. The parking spaces will be eliminated if delineators are removed or 4 vehicle lanes are restored.

Additional parking (adjacent to school) could be installed on Southside Road west of the Ladd Lane, if the lane lines were restriped on both sides of the road.

Parking on Ladd Lane (adjacent to the school) south of the intersection with Southside Road could potentially be provided by creating a student drop off area during school drop off and pick up hours, which would occupy the existing traffic lane, or create parking spaces by eliminating a vehicle lane. Providing parking location may be an interim condition. Traffic generated from future developments on Ladd Lane may necessitate the removal of the drop off and pick up area.

FINANCIAL IMPACT: The acceptance of the staff report has no financial impact. If directed to take additional steps, the additional steps may result in a financial impact.

CEQA: If staff takes additional actions, adherence with CEQA guidelines will be addressed in a future staff report.

ATTACHMENTS:

1. Ladd Lane and Southside Road Traffic Calming Project Survey

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

THE STAFF RECOMMENDATION
Packet Pg. 412

G.1
David Mirrione, Interim City Manager
Packet Pg. 413

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q1 Are you a resident in the immediate neighborhood?
Yes
No
Answered: 71 Skipped: 0
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Yes

RESPONSES

88.73% 63
No
TOTAL

11.27% 8
71 1/34
Packet Pg. 414

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q2 Which street do you live on? (Only type name)
Answered: 71 Skipped: 0

RESPONSES
1 5th
2 Southridge Drive
3 Henry
4 Promise
5 Henry
6 Irma Drive
7 Promise
8 Morning Glory Dr
9 Cobalt dr
10 Heartland Dr
11 Evelyns
12 Aspen Circle
13 Heartland Dr
14 Talbot
15 Nora Dr.
16 Bricks Way
17 Garnet way
18 Garnet way
19 Southridge
20 Sundance Dr
21 Irma
22 Ladd
23 Ruger Ct
24 Cobalt Drive
25 Cobalt Drive
26 Heartland Court
27 Cobalt Drive
28 Lavender
29 Promise Way
30 Talbot Dr.
31 Tina Drive
32 Prune Street
33 Cobalt Drive
DATE
6/27/2023 2:09 PM
6/16/2023 12:16 PM
6/16/2023 12:07 PM
6/14/2023 11:03 PM
6/14/2023 10:31 PM
6/14/2023 8:45 PM
6/14/2023 7:58 PM
6/14/2023 7:55 PM
6/14/2023 6:16 PM
6/14/2023 6:09 PM
6/14/2023 5:52 PM
6/14/2023 3:46 PM
6/14/2023 11:22 AM
6/13/2023 10:34 PM
6/13/2023 5:32 PM
6/12/2023 6:07 PM
6/12/2023 5:48 PM
6/12/2023 5:35 PM
6/12/2023 2:32 PM
6/12/2023 10:27 AM
6/10/2023 6:14 PM
6/10/2023 1:08 PM
6/9/2023 7:59 PM
6/9/2023 11:37 AM
6/8/2023 9:12 PM
6/8/2023 6:22 PM
6/7/2023 8:12 PM
6/7/2023 6:18 PM
6/7/2023 4:59 PM
6/7/2023 4:03 PM
6/7/2023 3:49 PM
6/7/2023 3:40 PM
6/7/2023 10:23 AM
2/34
Packet Pg. 415

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
34 5th
35 Heartland Dr
36 Cobalt Dr
37 Leisure court
38 Olga
39 Sundance Dr
40 Morning glory dr
41 Olga Drive
42 Mary
43 Ruger Court
44 Nora drive
45 Promise way
46 Glenview Dr.
47 Leisure Court
48 Majestic
49 Severinsen
50 Promise Way
51 Nora dr
52 Paul Drive
53 Talbot
54 Cushman
55 Talbot
56 MAJESTIC
57 Spinel Court
58 Nora Drive
59 Trieste Dr
60 Nora drive
61 Tierra Del Sol
62 Nora Drive
63 Lavender way
64 Trinity Drive
65 Tina
66 Southridge Drive
67 Irma Drive
68 Nora
69 Irma
70 Talbot
71 Eldene drive
6/7/2023 9:36 AM
6/7/2023 3:32 AM
6/6/2023 10:29 PM
6/6/2023 9:24 PM
6/6/2023 6:39 PM
6/6/2023 6:21 PM
6/6/2023 6:11 PM
6/6/2023 6:07 PM
6/6/2023 5:49 PM
6/6/2023 4:55 PM
6/6/2023 9:49 AM
6/5/2023 10:32 PM
6/5/2023 9:34 PM
6/5/2023 7:48 PM
6/5/2023 6:55 PM
6/5/2023 6:54 PM
6/5/2023 6:47 PM
6/5/2023 6:16 PM
6/5/2023 5:50 PM
6/5/2023 3:49 PM
6/5/2023 12:50 PM
6/5/2023 11:16 AM
6/5/2023 11:00 AM
6/5/2023 7:03 AM
6/4/2023 11:09 PM
6/4/2023 10:27 PM
6/4/2023 4:20 PM
6/4/2023 9:13 AM
6/4/2023 9:12 AM
6/4/2023 8:46 AM
6/4/2023 8:39 AM
6/3/2023 8:32 PM
6/3/2023 8:01 PM
6/3/2023 5:23 PM
6/3/2023 5:19 PM
6/3/2023 4:11 PM
6/3/2023 11:10 AM
6/3/2023 9:41 AM
3/34
Packet Pg. 416

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q3 Why are you traveling on Ladd Ln/Southside Rd? Select all that apply:

School
Shopping
Work
Recreation
Other (please
specify)

ANSWER CHOICES
School
Shopping
Work
Recreation
Other (please specify)
Total Respondents: 71
Answered: 71 Skipped: 0
a..
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
# OTHER (PLEASE SPECIFY)
1 Riding bikes
2 Travel across area
3 Medical appointments
4 I live on garnet way it is the only way in and out
5 Access to my home
6 I frequently use both roads to go nearly anywhere in town. 7 I live off of Southside Rd. My children attend Ladd Lane School. 8 After getting donuts before going to school in Salinas 9 I live here
10 Traveling out of Hollister
11 Live there

RESPONSES

35.21%

81.69%

73.24%

67.61%

22.54%
DATE
6/16/2023 12:16 PM
6/16/2023 12:07 PM
25 58
52 48
16 6/14/2023 6:09 PM
6/12/2023 5:35 PM
6/10/2023 6:14 PM
6/7/2023 4:03 PM
6/6/2023 10:29 PM
6/5/2023 9:34 PM
6/5/2023 7:48 PM
6/5/2023 6:47 PM
6/5/2023 6:16 PM
4/34
Packet Pg. 417

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
12 IT'S THE MAIN CORRIDER IN AND OUT OF MY NEIGHBORHOOD 13 Way to access Union Rd with least traffic lights or signs 14 everything else -- Ladd Lane is the only (reasonable) way out of the neighborhood 15 Personal
16 Only way to get out of Southside Estates
6/5/2023 11:00 AM
6/4/2023 10:27 PM
6/4/2023 9:12 AM
6/3/2023 8:01 PM
6/3/2023 5:23 PM
5/34
Packet Pg. 418

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
7 days a week
Every work day
3 days a week
Less than once
a week
Q4 How often do you drive on Ladd Ln?
Answered: 71 Skipped: 0
L
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
7 days a week
Every work day
3 days a week
Less than once a week

RESPONSES
TOTAL

71. 83%

4.23%

16. 90%

7.04%
51 3
12 5
71 6/34
Packet Pg. 419

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q5 How often do you drive on Southside Rd?
7 days a week
Every work day
3 days a week
Less than once
a week
Answered: 71 Skipped: 0
I
■
MP
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
7 days a week
Every work day
3 days a week
Less than once a week

42.25%

11.27%

33.80%

12.68%
30 8
24 9
TOTAL
71 7/34
Packet Pg. 420

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
7 days a week
Every work day
3 days a week
Less than once
a week
Q6 How often do you walk on Ladd Ln?
Answered: 71 Skipped: 0
MP
I
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
7 days a week
Every work day
3 days a week
Less than once a week

11.27%

5.63%

36.62%

46.48%
8 4
26 33
TOTAL
71 8/34
Packet Pg. 421

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q7 How often do you walk on Southside Rd?
7 days a week
Every work day
3 days a week
Less than once
a week

ANSWER CHOICES
7 days a week
Every work day
3 days a week
Less than once a week
TOTAL
Answered: 71 Skipped: 0
L
MP
I
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

14.08%

2.82%

32.39%

50.70%
10 2
23 36
71 9/34
Packet Pg. 422

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
7 days a week
Every work day
3 days a week
Less than once
a week
Q8 How often do you bike on Ladd Ln?
Answered: 71 Skipped: 0
I
I
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
7 days a week
Every work day
3 days a week
Less than once a week

5.63%

1.41%

5.63%

87. 32%
4 1
4 62
TOTAL
71 10/34
Packet Pg. 423

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q9 How often do you bike on Southside Rd?
7 days a week
Every work day
3 days a week
Less than once
a week
Answered: 71 Skipped: 0
I
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES RESPONSES
7 days a week
Every work day
3 days a week
Less than once a week

8.45%

1.41%

2.82%

87. 32%
6 1
2 62
TOTAL
71 11/34
Packet Pg. 424

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q10 Have you observed any of the following driving behaviors before the implementation of traffic calming measures? (Check all that apply) Speeding
Donuts
Drag Racing
Other (Please
provide...

None
Other (Please
provide...

Answered: 66 Skipped: 5
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Speeding
Donuts
Drag Racing
Other (Please provide comments)
None
Other (Please provide comments)

RESPONSES
Total Respondents: 66

54.55%

25.76%

21.21%

0.00%

36.36%

22.73%
36 17
14 0
24 15

OTHER (PLEASE PROVIDE COMMENTS)
DATE
1 People blowing through intersections without stopping 6/16/2023 12:30 PM 2 Donuts is the most common issue and this is still happening with traffic calming "solution" 6/12/2023 5:52 PM 3 We may occasionally hear something which comes from either Union Road or San Benito St. 6/9/2023 11:41 AM someone may have been on drugs to report these issues and create a super Mario land in our streets. Our lives were fine and safe before this shit show 4 Didn't live here them so can't comment.
5 More people speed and do donuts. The street racers love the obstacle course. 6/8/2023 6:23 PM
6/7/2023 8:12 PM
12/34
Packet Pg. 425

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
6 7
8 9
10 Have lived in the neighborhood for over 20 years and have not seen any issues Occasionally in the middle of the night. Not during the day.

Could hear burnouts a few times in the middle of the night I did t see it before either
I e heard drag racing but have never seen it. It's usually late at night when we're at home in bed.
6/7/2023 5:00 PM
6/7/2023 4:07 PM
6/6/2023 6:22 PM
6/6/2023 9:52 AM
6/5/2023 6:56 PM
11 12
13 Running of Stop Signs at Hillock and Ladd Lane
The speed limit was too high. Every street in Hollister has a speeding issue.

Ladd Lane is a wide road that previously was easy to enter and exit since it is (relatively speaking) not heavily traveled most hours of the day. Since the "calming" measures, I have had two closer than desirable near -collision incidents since vision is now badly obstructed in all directions and entering and exiting the road involves maneuvering around obstacles. 6/5/2023 6:56 PM
6/5/2023 12:52 PM
6/4/2023 9:21 AM
14 I could hear what sounds like drag racing.
6/3/2023 8:04 PM
15 Occasional in th e middle of night
6/3/2023 9:42 AM
13/34
Packet Pg. 426

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q11 Where have you observed the driving behavior?
1) Southside
Road between...
2)
Intersection...
3) Southside
Road between...
4)
Intersection...
5) Ladd Lane
between...
6)
Intersection...
7) Ladd Lane
between Talb...
8)
Intersection...
9) Ladd Lane
between Hill...

Answered: 40 Skipped: 31
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
1) Southside Road between San Benito Street and Nora Drive 2) Intersection of Southside Road and Nora Drive
3) Southside Road between Nora Drive and Ladd Lane
4) Intersection of Southside Road and Ladd Lane
5) Ladd Lane between Southside Road and Talbot Drive
6) Intersection of Ladd Lane and Talbot Drive
7) Ladd Lane between Talbot Drive and Hillock Drive
8) Intersection of Ladd Lane and Hillock Drive
9) Ladd Lane between Hillock Drive and Tres Pinos Road

RESPONSES
Total Respondents: 40

40.00%

32.50%

40.00%

45.00%

40.00%

57.50%

25.00%

20.00%
16 13
16 18
16 16
23 10
8 COMMENTS (OPTIONAL)
1 Because there were 2 stop signs on Southside I rarely saw unsafe driving.

DATE
6/14/2023 11:24 AM
14/34
Packet Pg. 427

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
2 I haven't observed any wreck less driving
3 Donuts are most common on Southside/Garnet and #4
4 Even after the new construction they continue to speed and do donuts . The markings are on the street around the round abouts
5 None
6 Union
7 This is pathetic. People who visit us from other states or cities laugh at us because of these new roads. Even news have made fun of us!
8 The only evidence was seen at this intersection. There rarely were tire marks anywhere else. 9 I have not seen speeding, but I do avoid this area during school drop off/pick up 10 I have seen more near accident after the implementation of your so called calming project. 11 By all the roundabouts I almost hit a car because I didn't see it. Those white things are so annoying
In front of Ladd Lane School on SS road
That's where I hear it coming from.
12 13
14 15
16 17
6/12/2023 6:08 PM
6/12/2023 5:52 PM
6/12/2023 5:37 PM
6/12/2023 10:28 AM
6/9/2023 8:00 PM
6/9/2023 11:41 AM
6/7/2023 4:07 PM
6/7/2023 9:37 AM
6/6/2023 6:08 PM
6/6/2023 9:52 AM
Does not apply
Never
All of the above
I enter/exit Ladd Lane at Paul Drive. Again, my problems have all come AFTER the "calming" measures were instituted. I observed NO PROBLEMS before the Ladd Lane was deliberately obstructed, no doubt with the best of intentions but the worst of results. 6/5/2023 7:50 PM
6/5/2023 6:56 PM
6/5/2023 6:48 PM
6/5/2023 3:50 PM
6/4/2023 4:21 PM
6/4/2023 9:21 AM
18 19
20 21
22 I have never seen anything bad. I have lived on tina for 20 years I have also witnessed "Doughnuts" on Southside road and Sunset Drive.

I did notice any issues at the time but the speed limit was 45. A little high for Ladd Ln.

The drag racing is everywhere.

Doesn't matter. Your crazy squiggle road and sticks and bumps haven't stopped them. Go visit and look at all the track marks from donuts and squealing on the streets. 6/3/2023 8:34 PM
6/3/2023 8:04 PM
6/3/2023 5:25 PM
6/3/2023 11:10 AM
6/3/2023 9:42 AM
15/34
Packet Pg. 428

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q12 Have you observed any of the following driving behaviors after the implementation of traffic calming measures? (Check all that apply) Speeding
Donuts
Drag Racing
None
Other (Please
provide...

Other (Please
provide...

Answered: 65 Skipped: 6
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Speeding
Donuts
Drag Racing
None
Other (Please provide comments)
Other (Please provide comments)
Total Respondents: 65
1 2
3 4

RESPONSES

52.31%

OTHER (PLEASE PROVIDE COMMENTS)
People hitting delineators on purpose People still blowing through intersections It has increased! People doing donuts around the circle Confused drivers in the traffic circles.

55.38%

15.38%

16.92%

0.00%

41.54%
Unsafly following to close and nearly getting hit. Since the change of the speed limit it feels so much more unsafe. How could you turn 4 lanes into two lanes? You are asking us to break the law by not move by to the right if a emergency vehicle needs to pass! What was their thought process, it's really embarrassing.

DATE
6/16/2023 12:30 PM
6/14/2023 6:20 PM
6/14/2023 6:15 PM
6/14/2023 6:03 PM
34 36
10 11
0 27
5 Difficulties handling the road. People using the street like a slalom course. 6/14/2023 3:50 PM
16/34
Packet Pg. 429

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
6 Nothing changed just more noise from people driving over bumps and hitting flaps. People speed through it like a racetrack.
6/12/2023 6:02 PM
7 8
9 10
Drag racing is now minimal due to two lane road instead of four lanes. Speeding and donuts has not been reduced. Roundabouts to small in diameter so cars don't slow down when approaching intersections.

Of course. Seems like this has pissed off many people!
They love the obstacle course you created.
6/12/2023 2:38 PM
Many close calls because the roundabouts & barricades confuse people & it makes it hard to see on coming traffic
6/9/2023 11:47 AM
6/7/2023 8:14 PM
6/7/2023 5:03 PM
11 Drifting around the "calming" circles. Worse than before. 12 Cars honking at each other near the traffic circles -irritated drivers 13 People driving in the bike lane, people hitting the white plastic stand ups, people turning unlawfully in the wrong one of the traffic circle, people thinking the circles are roundabouts and almost getting into accidents
14 And near pedestrians being hit because the white barricades are too high and you can't see kids crossing the street.
6/7/2023 4:18 PM
6/6/2023 6:45 PM
6/6/2023 6:27 PM
15 Harder to do, but people still do. Also, it's hard to see some cars behind the reflectors. Almost hit a few because they blend in.
16 Running of the stop sign at Hillock and Ladd Lane or people driving on the buttons to make a left hard turn lane
6/6/2023 6:13 PM
6/5/2023 10:38 PM
6/5/2023 7:04 PM
17 People still speed but just drive around the round abouts as they speed. 18 I have observed all of the same problems as before along with people bypassing Ladd Lane all together now and using our street Paul Drive to get around the traffic measures put in place and speeding down our street instead at all times of day and from the sounds of it a lot of racing down our street at night.
6/5/2023 7:01 PM
6/5/2023 5:57 PM
19 Never noticed
20 Trying to avoid hitting delineators & bollards. Like driving through an obstacle course. 21 Observed cars several times driving in the bicycle lanes 22 Getting on and off Ladd Lane is now (since the roadway was deliberately obstructed) a chore which requires keen vision and good reflexes. It is an accident waiting to happen. 23 Still sounds like drag racing but now I can hear cars hitting the pilons (sp). There is debris in the road.
24 More issues seen with people hitting poles and not able to turn at corners with trailers. 25 Dangerous driving behavior.
26 No change. Drag racing still happening. We don't have regular speeding never have. 27 There wasn't a lot of speeding on these roads.
6/4/2023 11:16 PM
6/4/2023 10:34 PM
6/4/2023 4:32 PM
6/4/2023 9:26 AM
6/3/2023 8:20 PM
6/3/2023 5:37 PM
6/3/2023 4:25 PM
6/3/2023 11:12 AM
6/3/2023 9:46 AM
17/34
Packet Pg. 430

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q13 If applicable, where have you observed the driving behavior? 1) Southside
Road between...
2)
Intersection...
3) Southside
Road between...
4)
Intersection...
5) Ladd Lane
between...
6)
Intersection...
7) Ladd Lane
between Talb...
8)
Intersection...
9) Ladd Lane
between Hill...

Answered: 50 Skippec
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES
Total Respondents: 50

54.00%

48.00%

46.00%

42.00%

44.00%

50.00%

56.00%

34.00%

26.00%
27 24
23 21
22 25
28 17
13 COMMENTS (OPTIONAL)
DATE
1 There's more speeding now than there was before and noise! We get woken up almost every 6/12/2023 6:02 PM 18/34
Packet Pg. 431

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey night when people drive into the flaps and in the bumps. Sounds like gunshots.

G.1.a
2 None 6/12/2023 10:36 AM
3 It may have been happening in other locations but that's all we can observe from our 6/9/2023 11:47 AM neighborhood
4 Don't recall but saw tire marks around a few of the roundabouts. 6/8/2023 6:25 PM 5 NA 6/7/2023 6:20 PM
6 The drifting happens at all the "calming" circles. Evidence of tire marks are there everyday. 6/7/2023 4:18 PM 7 We have observed speeding between intersections of cross streets on Ladd Lane. 6/6/2023 7:02 PM 8 What you have done have made conditions worse than before. 6/6/2023 6:13 PM 9 It's really bad in front of Ladd Lane school on SS rosd 6/5/2023 7:55 PM 10 Does not apply 6/5/2023 6:54 PM
11 The new construction is distracting, some people don't know how to maneuver around the 6/3/2023 4:25 PM calming circles. It is very challenging for trailers and long vehicles to navigate around circles. I have personally whiteness more close calls in terms of accidents since the project was installed.
12 None 6/3/2023 11:12 AM
13 There wasn't a lot of speeding. Your own studies show that. Just night time drag racing. 6/3/2023 9:46 AM 19/34
Packet Pg. 432

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q14 Can you see oncoming vehicles/pedestrians/bikes from the side street since the flexible delineators were installed? See below for a flexible delineator:

Yes
No
Answered: 65 Skipped: 6
■
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Yes

RESPONSES

24.62%
16 No
TOTAL
1 75.38%
49 65

COMMENTS (OPTIONAL)
2 3
I own a truck easier to see, wife's car little harder.

But not well and time of day and color csr can make it more difficult It distracts from surrounding very scary!
DATE
4 I can't tell you how many close calls I've had on Ladd lane since you have implemented the traffic calming measures. It scares me.
6/16/2023 12:30 PM
6/14/2023 11:07 PM
6/14/2023 6:20 PM
6/14/2023 6:03 PM
5 6
7 8
9 10
11 These cones are hazardous and in the way. I want them completely removed.

I can see them, but the delineators are very visually distracting But it's very difficult to see the distance the vehicle is coming from The stupidest thing I have ever seen put on a perfectly safe road. I have lived on Tina Dr for 20 years
White cars are especially hard to see.

But can our fire department access the fire hydrants? What about the bus stop next to Kmart on Ladd lane?
You can't see anything with these barriers! It's ridiculous!! How unsafe is this approach. 6/14/2023 11:30 AM
6/12/2023 6:13 PM
6/12/2023 10:46 AM
6/11/2023 7:42 PM
6/10/2023 6:18 PM
6/9/2023 8:05 PM
12 And they look like shit now. Decreasing the value of our neighborhood homes they need to be replaced. Every other two weeks they look like hell.
13 Not as well as prior to the modifications. They are an obstruction. There should more than a "yes" or "no" response to this question. Instead of "Can you see...?" it should be "Does it 6/7/2023 8:14 PM
6/7/2023 6:20 PM
6/7/2023 4:18 PM
20/34
Packet Pg. 433

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey obstruct the view of pedestrians...?"
G.1.a
14 15
16 17
There is too many and it's hard to see over them and through them to view cross traffic Visibility is greatly reduced
It is more dangerous now than it was before
This is my main concern. They create a very visually cluttered situation which makes it harder to see children and cars. From certain distances they almost create a solid wall -makes seeing pedestrians, bikes and motorcycles more difficult
6/7/2023 3:52 PM
6/7/2023 9:40 AM
6/6/2023 9:28 PM
6/6/2023 6:45 PM
18 19
20 Turning left off of Nora or Paul has limited visibility for oncoming traffic They are too high and you can't see kids.

Mostly, but they r white, not yellow. I have come across a few times where the cars r small enough and r the same color where I have almost hit a few 6/6/2023 6:27 PM
6/6/2023 6:13 PM
6/5/2023 10:38 PM
21 The delineators make it difficult to see oncoming traffic, cyclists and in some cases pedestrians.
6/5/2023 7:55 PM
22 23
24 Especially cars or lowered sitting vehicles
It's a lot harder to see so NO, I can't...

I have never had a near incident before these were installed. Since they have been installed I have had 5 near collision. The delineators completely block your view and are worse with the direct sunlight!
6/5/2023 7:04 PM
6/5/2023 7:01 PM
6/5/2023 6:54 PM
25 Hard to see cars through the delineators. Especially coming onto Ladd lane from side streets 26 It is so distracting now and we have to pull out pretty far into the street to be able to properly see
6/5/2023 6:20 PM
6/5/2023 5:57 PM
27 If you slowly poke the front of the vehicle out you can see fine. 28 The flexible delineators have made Ladd Lane and Southside Road MORE dangerous than before installed. It is very difficult to see oncoming traffic, bicyclists, etc. They are very distracting and way too tall.
6/5/2023 12:55 PM
6/5/2023 11:07 AM
29 Difficult to see with the poles.
30 I've pulled out more than once with a car coming. Every time it's a white car which blends in. 31 By which I mean, not nearly as well as before.
32 It's very difficult to see when pulling out of Paul Drive. 33 Very hard to see cars and or people walking or on bikes. The street has just too much stuff added.
34 They make visibility much more difficult and are distracting. 35 Those things are a major hazard. Get rid of them!!!! 36 These are ridiculous and are a hazard. They made the lanes so narrow people are hitting them constantly it's a mess
6/4/2023 11:16 PM
6/4/2023 4:32 PM
6/4/2023 9:26 AM
6/3/2023 8:20 PM
6/3/2023 5:37 PM
6/3/2023 4:25 PM
6/3/2023 11:12 AM
6/3/2023 9:46 AM
21/34
Packet Pg. 434

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q15 How has your travel speed been affected by the traffic calming project?
Substantially
Slower
Slower
Same speed
Faster
Answered: 65 Skipped: 6
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Substantially Slower
Slower
Same speed
Faster

RESPONSES
TOTAL

18.46%

29.23%

47.69%

4.62%
12 19
31 3
65 22 / 34
Packet Pg. 435

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q16 Should there be more parking spaces for pick up/drop off on Ladd Lane north of Southside Road for the school?
Yes
No
Other (please
specify)
Answered: 65 Skipped: 6
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Yes

RESPONSES
No
Other (please specify)
TOTAL

63.08%

21.54%

15.38%
41 14
10 65

OTHER (PLEASE SPECIFY)
DATE
1 Not with the markers the way they are 6/14/2023 11:07 PM 2 They should bring back the 4 lanes and have people park along the side they they did before 6/14/2023 6:20 PM 3 I am a parent and employee of Ladd lane school and the new construction had made the 6/12/2023 5:40 PM parking a nightmare .
4 Next question please 6/9/2023 11:47 AM
5 No preference 6/8/2023 9:15 PM
6 Don't have kids at Ladd lane 6/5/2023 10:38 PM
7 I don't personally care. I do care that the speed limit was reduced to 25 mph from 45. That's 6/5/2023 7:01 PM ridiculously slow.
8 Does not apply 6/5/2023 6:54 PM
9 Don't know 6/4/2023 11:16 PM
10 I'm not familiar with this issue since I don't have children in school there 6/4/2023 9:26 AM 23/34
Packet Pg. 436

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q17 Should there be more parking spaces for pick up/drop off on Southside Road for the school?
Yes
No
Other (please
specify)
Answered: 65 Skipped: 6
l
a
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

ANSWER CHOICES
Yes

RESPONSES
No
Other (please specify)
TOTAL
#
1 Only if visibility approves 6/14/2023 11:07 PM
2 Same as previous answer 6/14/2023 6:20 PM
3 As a parent /employee of Ladd lane I have to leave an additional 10 minutes early to find 6/12/2023 5:40 PM parking at the school and I live on garnet way
4 Next 6/9/2023 11:47 AM

69.23%

15.38%

15.38%
45 10
10 65

OTHER (PLEASE SPECIFY)
DATE
5 No preference 6/8/2023 9:15 PM
6 No opinion 6/6/2023 6:27 PM
7 Don't have kids at Ladd lane 6/5/2023 10:38 PM
8 Does not apply 6/5/2023 6:54 PM
9 Don't know 6/4/2023 11:16 PM
10 See comment above 6/4/2023 9:26 AM
24 / 34
Packet Pg. 437

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q18 Did you know about this project before implementation? Yes
No
Answered: 65 Skipper
0% 10% 20% 30% 40% 50% 60% 70% 80%

ANSWER CHOICES
Yes
90% 100%

RESPONSES

7.69% 5
No
TOTAL

92.31% 60
65 25/34
Packet Pg. 438

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q19 Did you know that the initial awkward striping occurred because of a contractor error?

ANSWER CHOICES
Yes
No
TOTAL
Yes
No
Answered: 65 Skipped: 6
i
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

76.92%

23.08%
50 15
65 26/34
Packet Pg. 439

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q20 Do you think Ladd Lane should be restored to its prior condition (i.e. four lanes)?

ANSWER CHOICES
Yes
No
TOTAL
Yes
No
Answered: 65 Skipped: 6
i
i
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

92.31%
60 7.69% 5
# COMMENTS (OPTIONAL) DATE
1 Created more traffic and now people drive fast through my neighborhood to miss traffic. People 6/16/2023 12:30 PM cannot pull to the right when emergency vehicles are approaching, and pulling to the left to where the bot dots are is not what they teach in driver training. 2 The current set up is ajoke. It makes travel on the roads difficult and dangerous. I don't travel 6/14/2023 10:36 PM on them as often anymore because I avoid them whenever possible. 65 3 It was a large beautiful street and I enjoyed walking in the area. Now it's absolutely hideous! A 6/14/2023 8:51 PM real Eyesore and I avoid Ladd lane and southside roads. 4 This new project is complete chaos Bring 4 lanes back please 6/14/2023 7:59 PM 5 Hollister is growing and needs more lanes! Less lanes make more congestion and dangerous 6/14/2023 6:20 PM for divers since there is no where say to pull off
6 Maybe a stop sign or speed bumps but it needs to change back with a little change like why is 6/14/2023 6:03 PM the mph at 45?
7 Ladd Lane and Southside both need to be restored to their original design. I also want to add 6/14/2023 11:30 AM that San Benito street is a disaster too. I would like that restored to its original design before Covid. The one way street is a problem and it now makes it very difficult to get out of town. 8 What was implemented isn't working and it looks horrible. 6/12/2023 6:13 PM
9 Yes please!!! We just need donut prevention. Donuts are dangerous to our homes closets to the intersections. They are still doing them around the roundabouts too. Our street is basically an obstacle course for teens.
6/12/2023 6:02 PM
10 I think speed bumps would be more effective 6/12/2023 5:40 PM 11 Implementing speed bumps and four way stop signs on Ladd Lane and Paul Dr and Talbot Dr 6/12/2023 2:38 PM is a better solution than the current one.
27/34
Packet Pg. 440

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
12 I feel like I'm driving an obstacle course. It was so much nicer with two lanes. you didn't feel like you were going to run into something. With those polls you feel like you're going to hit them or you're constantly hitting the little bumps on the middle island. The Lane is so much narrower now.
6/12/2023 10:46 AM
13 Yes it should 100% and put in speed bumps.
14 Such a waste of money to fix someone's mistake. Where would the money come from to change it back? How about actual round abouts instead of traffic circles? 6/11/2023 7:42 PM
6/9/2023 8:05 PM
15 Yes if you have common sense. We used to drive below the speed limit even before this miserable project was implemented but now we drive faster (but safe obviously) to show our disagreement with those who wasted our tax money and made this idiotic mistake 16 It was the dumbest idea I've ever seen, and I've seen some dumb things. The markers are incredibly distracting at night and way to bright for nighttime driving. 6/9/2023 11:47 AM
17 Yes! Who ever approved to spend close to $800K to keep re -doing the road needs to stop.

Bring it back to the original lanes and no barriers or obstructions. 18 It's absolutely ridiculous. The city should maintain the upkeep of those Cones and dividing lines
6/8/2023 9:15 PM
6/7/2023 8:14 PM
6/7/2023 6:20 PM
19 I believe these measures make the roads in the neighbor more dangerous 20 The two roads were fine before these modifications occurred. They were actually a couple of the few roads that were created in preparation for growth in the area. It was easy to come and go without the traffic issues our town is plagued with. 21 Needs to be 2 lanes with turn lanes.
22 I think money should be used to improve streets in other parts of Hollister that really need the improvements for example 5th street cross street with Powell Street and 3rd street and Mccray Street among many others that really do need street improvements and pavement resurfacing.

Not where there is new housing developments that have very new roads thus spending our property tax money in a useless and wasteful manner.
6/7/2023 5:03 PM
6/7/2023 4:18 PM
6/7/2023 3:52 PM
6/7/2023 10:35 AM
23 The street is an eyesore in the community
24 Absolutely No
25 I believe the current situation is more dangerous for drivers and pedestrians. Ladd lane parents are also forced to park illegally now in order to pick up their kids. 6/6/2023 9:28 PM
6/6/2023 7:02 PM
6/6/2023 6:45 PM
26 Police presence and/or cameras to deter speeding and drag racing instead 27 You traded one problem for a slew of problems. Obvious no thought or consideration went into planning the shit show you made.
28 It's also very ugly
29 Put in some seed bumps like everywhere else in Hollister. Why were we so blessed with a calming done?
30 I find it interesting that the city was able to blame the contractor for the awkward stripping yet was able to plan a Mario Kart themed event in less than 1 week. Yet took months to get it corrected and the "corrected" solution was to smooth out the lines and add poles that obstruct the view of upcoming traffic. I have also had issues with lanes not being wide enough when someone is turning left on to one of the side streets without a traffic calming circle. 31 I think two lanes are fine with a larger roundabout and higher speed limit like 35 mph. 32 During my 21 years living here I have only seen one traffic accident on Ladd Lane. Since this project has been completed, I have seen donut marks around the roundabouts, and near traffic collisions. Before this project, I never saw donut skid marks on Ladd Lane. This project has made Ladd Lane a hazard!
6/6/2023 6:27 PM
6/6/2023 6:13 PM
6/5/2023 10:38 PM
6/5/2023 7:55 PM
6/5/2023 7:04 PM
6/5/2023 7:01 PM
6/5/2023 6:54 PM
33 The bike lane is useless and I would never allow my children or myself to use it due to how far cars drive into it coming out of the "calming circles" I have observed several close calls.

Please restore it to what it was before.
6/5/2023 5:57 PM
28/34
Packet Pg. 441

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
34 Extremely ridiculous what was done to these roads Now worse than before 6/5/2023 3:53 PM 35 My main issue is the removal of school parking. The calming circles at the stop signs are not 6/5/2023 12:55 PM effective and encourage donuts.
36 I 100% think Ladd Lane and Southside should be restored to their prior 4 -lane condition. I 6/5/2023 11:07 AM reviewed the traffic data and didn't see anything in the reports that warrant the over -the -top "calming" measures that were installed. There is no history of accidents in those sections of the roads, I never saw or heard excessive speeding or drag racing. The calming measures were installed without community input and without the concrete data to support them. 37 Or better 6/4/2023 11:16 PM
38 The proposed 3 lanes are better than what's there but I really think we need the four lanes 6/4/2023 4:32 PM back. Unless it's school drop off or pickup times the traffic isn't that bad in that area. I believe the 3 lanes will still create a back up after school and that's when people drive crazy. I've spent many years taking grandkids to school in the car, walking, and riding bikes. Ladd Lane has never been a big pedestrian route. Most kids that walk up there turn right or left on talbot and they cross the street at school with the crossing guard. I also only saw someone using the lighted crosswalk once in years. I do believe the whole project was a waste of money. 39 Spending money to make driving conditions less efficient/more hazardous is insane. 6/4/2023 9:26 AM
40 100% YES!!! Restoring Ladd Lane would be better than whatever this is! There has to be a 6/3/2023 8:20 PM better solution. I don't know what that is, but this is ridiculous! Maybe speed humps at all intersections on Ladd Lane and Southside road with big bot dots in intersections to stop the doughnuts. Or maybe something fun. Such as "rumble strips" in the road that make a loud sound in the car that plays a song if/when you drive the correct speed. Maybe a nursery rhyme since it's towards an elementary school. Restore Ladd lane and Southside Rd with "Rumble strips", "speed humps" and big "bot dots" in intersection. Final answer. 41 I would also use left hand turn lanes at corners or use the center lane for turns not driving. If 6/3/2023 5:37 PM we have a speed limit issue let's put our traffic officer out and start writing tickets. 42 The initial striping was not all that different from the final project. The delineators are constantly being hit, knocked down, and in need of repair. I imagine the ongoing cost to fix and replace will be expensive and if not fixed then it looks run down and dilapidated. Ladd Lane was well designed- it allowed for good movement and allowed for easy turning onto side streets. School parking is essential and this project negatively impacted drop off and pick up for many parents, grandparents, and caregivers.
6/3/2023 4:25 PM
43 There wasn't a problem before. What you did has caused all kinds of problems. 6/3/2023 11:12 AM 44 I'd rather see 3 lanes with the middle a turn in and out lane. That way we can still have great 6/3/2023 9:46 AM bike lines. But no more squiggly roads. Really dumb.
29/34
Packet Pg. 442

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q21 Above is a representation of the current conditions of Ladd Lane.

Below are different alternatives to the current traffic calming measures.

You can select multiple alternatives if you prefer adding multiple modifications to the existing conditions. Please select your preferred alternative(s) below:

None of the
above
Alternative 1:

Swap...

Alternative 2:

Straighten Road
Alternative 3:

Remove Traff...

Other
Option/Combi...

ANSWER CHOICES
None of the above
Answered: 64 Skipped: 7
My -
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

RESPONSES

34.38%
Alternative 1: Swap Delineators with Raised Pavement Markers Alternative 2: Straighten Road
Alternative 3: Remove Traffic Circle
Other Option/Combinations (Also, see Question 23)
Total Respondents: 64

17.19%

50.00%
22 11
3 57.81%

0.00%
OTHER OPTION/COMBINATIONS (ALSO, SEE QUESTION 23) DATE
There are no responses.
30/34
Packet Pg. 443

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
Q22 If any, which changes to the project should be made? (Select all that apply)
No,
improvements...

Yes,
delineators.

Yes, traffic
circle.

Yes, striping.

Yes, raised
pavement...

Yes, bike
lanes.

Yes,
crosswalks.

Yes, other
traffic...

Yes, other
(Please prov...

Comments
(optional)
Answered: 64 Skipped: 7
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
31/34
Packet Pg. 444

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a

ANSWER CHOICES

RESPONSES
No, improvements are sufficient.

Yes, delineators.

Yes, traffic circle.

Yes, striping.

Yes, raised pavement marker.

Yes, bike lanes.

Yes, crosswalks.

Yes, other traffic measures alternatives.

Yes, other (Please provide comments).

Comments (optional)

4.69%

20.31%

23.44%

20.31%

31.25%

35.94%

26.56%

23.44%

71.88%
3 13
15 15
13 20
23 17
15 46
Total Respondents: 64

COMMENTS (OPTIONAL)
DATE
1 Change it back to how it was. The traffic circles are horrible, especially for trucks. Everything on the roads makes it feel claustrophobic and unnecessary. The changes make people drive down smaller side streets to avoid these stupid streets. Where are emergency vehicles supposed to go? All this stuff will have to be replaced often. And it's really ugly 6/27/2023 2:19 PM
2 3
4 Add pedestrian crossing of Ladd Lane at Paul.

As stated in tonight's meeting, more enforcement is needed.

Return to original 4 lanes and bike lane.
5 Please give us the road back to its originally condition. Please make improvements to other roads that are in desperate needs of repair
6/16/2023 12:14 PM
6/14/2023 10:37 PM
6/14/2023 8:54 PM
6/14/2023 6:21 PM
6 Lower speed limit or a stop sign on Ladd lane and sunset 6/14/2023 6:06 PM
7 Return Ladd Lane and Southside back to how they were before. They had bike lanes and were sufficiently wide.
6/14/2023 11:32 AM
8 Speed bumps only . More effective and cleaner looking 9 Speed bumps with four way stop signs on Ladd Lane at Paul Dr and Talbot Dr 10 Put it back to the way it was. Double straight lanes 11 Everything that has been done to road should be taken and restored to the way it was. Put in speed bumps. People with big trucks are helping to remove these sticks and the thick short bump bars. Lot of people are angry and it is embarrassing with they did to this road. After speeding $600,000 for this I don't think anything will happen. The meeting should have happened before this crap was installed. I get angry every time I drive Ladd lane. 6/12/2023 5:41 PM
6/12/2023 2:40 PM
6/12/2023 10:51 AM
6/11/2023 7:48 PM
12 Get cameras and actually get money by ticketing people. 13 Just get it back to how it used to be without spending too much of our taxes please. There are more important issues to address than this exaggerated issue 6/9/2023 8:07 PM
6/9/2023 11:50 AM
14 Get rid of all the unnecessary junk in the middle of the road. You can't see pediastrians when they want to cross. It's dangerous You should have created big, long speed bumps. Streets racers hate speed bumps. And if you go the right speed it doesn't hurt the driver. No more curved lines. Only straight. Keep things simple not more complicated 6/7/2023 8:17 PM
15 Bring back the 4 lanes
6/7/2023 6:22 PM
32/34
Packet Pg. 445

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
16 It should be put back to the way it was, there were no issues before. There was never a problem that need to be solved
17 Again, this question is poorly written. You need to clarify what the "project" is exactly. The project that corrects the current mess or the "project" that created the mess. The first check box doesn't make sense either. Just like the original plans to the project, this survey needs to be proofread by multiple people. Perhaps the city needs to have a consultant come in to give advice since the city cannot make good choices. I also wish to have a copy of my responses sent to my email. I don't know if there is an option after I click done so I am writing it here. [email protected]
18 Remove Delinators. Straighten road and remove circles. Add a speed monitor so people can be more aware of their speed like Cienega rd.
19 Restore the roads to their previous state. Removing traffic circles, delineators, raised markers, and adding speed bumps in different sections to reduce speeding and drag racing. Adding more city cameras to issue tickets if cars are found speeding and racing in street if needed to deter racing. A similar system that is used when cars evade tolls on bay area roads, a ticket is issued and mailed to them. Or adding signal lights with cameras installed on top to also mail out tickets.
6/7/2023 5:05 PM
6/7/2023 4:26 PM
6/7/2023 3:55 PM
6/7/2023 10:53 AM
20 Ladd should be returned to 4 lanes, as it was originally designed. Traffic "circles" with stop signs defeat the purpose of both and confuse drivers. The delineators are a maintenance nightmare
6/7/2023 9:43 AM
21 22
23 24
Should be restored to how it was before
The roads should be restored to their original condition.

Speed bumps is what should have been done to start with The improvements have helped to slow traffic making it safer for pedestrians and those that use the bike lanes.
25 I do think the highlighted cross walks are good but everything else is a hazard. 26 Police presence and cameras
27 It shouldn't it should've stayed the way it was
28 Straight street, green bike lane, left hand turn lane, 29 Straighten the road and put in speed bumps.
30 Larger roundabouts, remove delineators, raised pavement markers, straighten road, 2 lanes, raise speed limit to 35.

Get rid of this mess and return Ladd Lane as it previously was.

Use the speed bumps to slow traffic just like every other neighborhood is getting Restore it to two lanes
Restore the parking taken away.
31 32
33 34
35 6/7/2023 3:36 AM
6/6/2023 10:35 PM
6/6/2023 9:34 PM
6/6/2023 7:23 PM
6/6/2023 6:48 PM
6/6/2023 6:28 PM
6/6/2023 9:55 AM
6/5/2023 10:43 PM
6/5/2023 7:57 PM
6/5/2023 7:05 PM
These options are very confusing. The traffic circles and the delineators need to be removed! We should restore both Ladd Lane and Southside Roads to their former 4 -lane condition with the crosswalks and bike lanes that already existed. There was no need for any changes at all and there is no data to support any changes.
6/5/2023 6:56 PM
6/5/2023 6:22 PM
6/5/2023 5:59 PM
6/5/2023 12:59 PM
6/5/2023 11:11 AM
36 Remove
6/5/2023 7:07 AM
37 Return the road to how it was originally. While we're talking about roads. Why didn't we get to vote on the ridiculous and dangerous installation of a traffic circle on 25 and 152. All the money spent on the Ladd Lane etc. could be put towards an over pass at 25 & 152. 6/4/2023 11:25 PM
38 Provide traffic enforcement during school at pickup times 39 My dream is to have our road put back like it was. If you add speed bumps it just pushes traffic to the side residential streets. Southside road is so wiggly it doesn't really make sense.

I've heard it more fun to race on now that it's an obstacle course. Everyday there are more markers down. Do you really want to keep replacing them? 6/4/2023 10:38 PM
6/4/2023 4:38 PM
33/34
Packet Pg. 446

City of Hollister - Ladd Lane and Southside Road Traffic Calming Public Survey G.1.a
40 Proposal 3 is good except I would also get rid of "raised pavement domes." Building a road and then building obstructions in it to impede traffic flow makes no sense. Lane markers, and, on highways, guard rails and median dividers make sense, as do speed bumps on low -speed residential streets. In general, roads should be keep clear of obstacles that do not positively enhance traffic flow.
6/4/2023 9:38 AM
41 See previous comments on prior page. Restore roads, then add "rumble strips" & bot dots.

Maybe add speed humps if rumble strips and bot dots don't work. 42 Inform and communicate to immediate area of public of plans. Funds could have been better disbursed amongst multiple projects, ex union Road potholes etc. 43 44
Make sure to include turn lanes at corners
6/3/2023 8:26 PM
6/3/2023 6:01 PM
6/3/2023 5:40 PM
Remove delineators, traffic circles, striping, & paved pavement markers. Give back more parking for school
45 Why is this survey confusing? Get rid of all the extra stuff. Leave bike lanes and crosswalks.

Maybe put rumble strip to protect bikes.
46 Take out curved road. Take out delineators. Take out circles. Leave bike lanes annd put rumble strip to protect bike lanes and crosswalks. Make speed limit 35 mph with 3 lane road with middle lane for turn in and out.
6/3/2023 4:30 PM
6/3/2023 11:14 AM
6/3/2023 9:49 AM
34 / 34
Packet Pg. 447

G.2
SUBMITTED:

DEPARTMENT:

DEPARTMENT HEAD:

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
August 15, 2023
City Attorney
Crystal Pizano, City Attorney
TITLE OF ITEM: 2023 MUNICIPALITIES LEGISLATIVE UPDATE
BRIEF DESCRIPTION: A legislative update and review of enacted and upcoming legislation that may impact the City of Hollister.

RECOMMENDATION: Receive presentation and provide possible direction.

DEPARTMENT SUMMARY: This is a legislative update that will review current and pending legislation that impacts the City of Hollister. The legislative update includes a review of new campaign contribution regulations on municipalities and elected officials. The update will also include information about pending legislation related to automated license plate recognition data, land use, and emergency medical services.

FINANCIAL IMPACT: N/A
CEQA: N/A

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

THE STAFF RECOMMENDATION
David Mirrione, Interim City Manager
Packet Pg. 448

G.3

STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: AUGUST 21, 2023
SUBMITTED: August 10, 2023
DEPARTMENT: Administrative Services
DEPARTMENT HEAD: Casey Estorga, Administrative
Services Director
TITLE OF ITEM: PRESENTATION OF POTENTIAL CHANGES TO CITY'S PROCUREMENT POLICY
BRIEF DESCRIPTION: Staff will provide an update to the City Council on recommended changes to the City's existing procurement policy.

RECOMMENDATION: Receive the report and provide direction to prepare a draft ordinance amending the Hollister Municipal Code for consideration at a future City Council meeting.

DEPARTMENT SUMMARY: The City Council directed staff to review the City of Hollister's procurement policy and purchasing rules. The City's existing policy, memorialized as Municipal Code, Chapter 3.06, Article 11 - Purchasing, was adopted roughly 15 years ago in October 2008.

To help with this project, the City entered into a Professional Services Agreement with Regional Government Services (RGS) to provide high-level technical support for the policy review.

The City Manager's Office and Administrative Services Department, in conjunction RGS and with input from all City departments, analyzed the City's existing policy. This process considered (1) the public services necessary to properly serve the Hollister community, (2) industry best practices for purchasing, and (3) how proposed changes to the policy could allow the City to operate more efficiently and effectively while concurrently protecting, and maximizing the value of, public funds.

Based on this analysis, staff is making a series of recommendations summarized below.

City Council Approval
The City Council remains the penultimate authority for all purchasing decisions made by the City of Hollister. However, the City Council may choose to delegate portions of their authority to City staff in an effort to streamline operations and minimize administrative costs. This delegation would only occur when the efforts would not degrade the quality of public services and when the actions would sustain the value of the public dollar.

The City Council currently delegates some level of purchasing authority to the City Manager. Staff recommends the City Council continues this best practice. However, staff also recommends the City Council remains the exclusive purchasing authority for the following items:
• Procurement of goods and professional services costing over $100,000; and Packet Pg. 449

G.3
• Procurements associated with public works projects valued over $60,000, with the exception of public works projects under $200,000 that may be awarded by the City Manager to vendors included on the City's list of qualified contractors as prescribed by State law.

Notably, the City Council retains the full authority to direct the City Manager to present any purchase, at any value, to the City Council at a public meeting for consideration.

Public Works Projects
Public works projects are governed by a unique set of regulations at the state and local level because of their broad impact to the community and higher value expenditures.

On June 5, 2023 the City of Hollister adopted the California Uniform Public Construction Cost Accounting Act (CUPCCAA) via Resolution 2023-211. Therefore, certain public works procurements would be guided by the provisions within CUPCCAA. In general, CUPCCAA applies to smaller public works projects valued under $60,000.

It is therefore recommended that the city modify Municipal Code, Chapter 3.06, to add Section 3.06.290 formalizing CUPCCAA procedures and adding Best Value Procurement guidelines.

Public works projects with an aggregate value over $60,000 will be governed by both state law and local purchasing rules, including with the requirement to present those procurement decisions to the City Council for review and consideration. CUPCCAA does allow public works projects under $200,000 to be awarded by the City Manager to vendors that have been included on the City's list of qualified contractors in a manner prescribed by State law.

Project Labor Agreements and Community Workforce Agreements Project Labor Agreements and Community Workforce Agreements, collectively referred to in this report as "Project Agreements," can be of economic benefit for publicly funded, major construction projects that involve a substantial number of contractors, subcontractors, and craft workers. The City Council may choose to adopt rules associated with Project Agreements, and potential selection criterion for Best Value Procurements, associated with large public works projects. If the City Council elects to incorporate these changes, staff recommends the rules apply to public works projects valued at $1,000,000 or more.

Project Agreements may facilitate the timely and efficient completion of major construction projects by making available a ready and reliable supply of highly trained and skilled craft workers, helping the city and contractors accurately determine project labor costs, establish working conditions for the duration of the project, and assuring labor stability and avoiding disruptions such as strikes, lockouts or slowdowns over the life of a project.

The following factors should be considered in determining whether to use a Project Agreement for a major construction project:

Packet Pg. 450

G.3
a) Benefits to the public using a Project Agreement in terms of cost, efficiency, safety, quality, and timeliness; and
b) The complexity of the project, to include the number of contractors, subcontractors, and craft workers necessary to complete the project in a timely manner; and
c) The project's need for multiple contractors or subcontractors who employ works in multiple crafts or trades; and
d) The potential for labor disruptions, such as strikes, lockouts, or slowdowns, that may delay completion of the project; and
e) The existence of a shortage of skilled workers in the area of the project; and f) The need and urgency of the project and the harm to the public if completion of the project were to be delayed; and
g) Whether Project Agreements have been used successfully on comparable projects.

City Manager Approval
The City Manager's current purchasing authority for non-public works projects is $20,000. It has been at that level since October 2008. Previously, the City Manager's purchasing authority was $15,000, which was originally approved by the City Council in September 1993.

Based on data gathered by staff, the City Manager's $20,000 purchasing limit is antiquated and no longer aligns with best practices. As a result, staff recommends the City Council increases the City Manager's purchasing authority, from $20,000 to $100,000, to meet the contemporary purchasing needs of the City of Hollister.

This means, in general, the City Council would delegate authority to the City Manager to approve the day-to-day purchase of goods and professional services that have an aggregate cost under $100,000. This authority and associated limit only applies to the purchase of goods and professional services and does not apply to public works projects which have a different set of rules under state law and local policy. The City Manager would be required to perform these duties by ensuring all transactions complied with applicable City policies and state laws.

The National Procurement Institute (NPI) promotes as a "best practice" a procurement policy that allows an organization's Chief Procurement Official to solicit and award all competitively -bid contracts for goods and non-professional services without limits and without governing body approval. This applies only for purchases that have been approved in the City Council's adopted budget. Also, only those procurements that have successfully met competitive specifications, multiple sources, and formal bidding processes would be eligible. Despite NPI's best practices that offer great deference to a Chief Procurement Official, what is being proposed is more conservative and would only authorize the City Manager, acting as the City's Chief Procurement Official through delegated authority from the City Council, to authorize purchases under $100,000.

Increasing the City Manager's purchasing authority to $100,000 will keep pace with the escalating cost of goods and services (Exhibit A). Additionally, this change will also align the City of Hollister with best practices of numerous other public agencies (Exhibit Packet Pg. 451

G.3
B), including agencies located within the same regional economy as the City of Hollister.

Additional Recommendations, Changes, and Clarifications Staff also identified additional changes as summarized below. These changes are generally clarifying and/or administrative in nature:
• Allow advertising of formal bids on the city's website. • Allow for submittal of formal bids via a secure, on-line system, or other appropriate media.
• Add requirement and definitions of "Responsive Bidder" and "Responsible Bidder".
• Requires one (1) quotation for purchases under $10,000. • Requires at least three (3) quotations for purchases between $10,000 and $100,000.
• Explicitly allow the use of online/web-based quotations. • Add "life cycle cost" and "total cost of ownership" to award criteria. • Define "emergency" and require City Manager to report to City Council at next scheduled meeting any emergency purchases made.
• Allow for participation in Joint Powers Authority's cooperative purchasing consortiums.
• Delete "Section 3.06.260, Purchases without notice, advertisement, or competitive bids". This is covered under "Section 3.06.250, Emergency Purchases" and "Section 3.06.270, Exceptions".
• Define "sole source" under exceptions to competitive bidding requirements.

Summary
In summary, staff believes the overall impact of these proposed changes will have a positive impact on both the City administration and broader Hollister community by reducing administrative time and paperwork, improving delivery times and the City's relationship with vendors (including large and small business as well as local businesses), while also collectively enhancing the City's operational efficiencies and thus serving the public in the best possible manner.

FISCAL IMPACT: No new costs are associated with adopting changes to the City's procurement policy. Instead, staff anticipates the proposed changes will generally reduce the overall cost of procurement. This includes an expectation that administrative costs would decline, City operations would be more streamlined, and the City will remain a valued partner with the business community which can result in competitive pricing and costs savings.

CEQA: Not a project.

ATTACHMENTS:

1. Exhibit A - Value of a Dollar Over Time

2. Exhibit B - Comparable Bid Limits

3. Purchasing Policy ORDINANCE NO. 1035
Packet Pg. 452

G.3

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

THE STAFF RECOMMENDATION
r
David Mirrione, Interim City Manager
Packet Pg. 453

G.3.a
Exhibit A
Value of a Dollar Over Time
$100 in 1980 equals $386.96 in 2023
$400.00
$300.00
$200.00
$100.00
IIIIIIIIIIIIIII1IIIIIIj1IJI!Ii!iIIIIIIIiiifl
$0.00
1990 2000
$100 projected increase through 2050
200
150
100
50 -
0 le 0't�' O•ti'Z O^'3 p4a O615 91550 .59" 0,-49 030 031 03l 033 03a 035 0.36 p3'l 0.53 0.39 00.0 OP'1 0R'b 0�3 ObA OQ5 0b6 9° e OA9 Oy0 'L 'L 1- 'L `L �. ti ti 2 Z 'L `L 'L 'L 1. 'L 'L 'L 'L IS ti ti ti ti ti v �. ti 2 'i.

U.S. Bureau of Labor Statistics
Packet Pg. 454

G.3.b
Exhibit B
Formal Bid Limits
Agency Name
Formal Bid
Limit
Agency Name
Formal Bid
Limit
Burlingame*
$100,000
Santa Clara
$100,000
Fremont
$100,000
Santa Cruz
$100,000
Gilroy
$100,000
($35,000 - Public Works)
San Juan Bautista*
$50,000
Lancaster*
$125,000
Seaside*
$25,000
Marina
$25,000
Stockton
$75,000
Martinez*
$100,000
Sunnyvale
$100,000
Milpitas*
$100,000
Watsonville*
$100,000
Morgan Hill*
$60,000
Sacramento County*
$100,000
Redwood City
$100,000
San Diego County
$100,000
Sacramento
$100,000
San Joaquin County*
$200,000
San Bruno*
$75,000
San Mateo County*
$100,000
San Carlos*
$75,000
Santa Clara County*
$100,000
San Diego
$200,000
California Schools &
Community Colleges
$109,300
San Mateo
$100,000
Federal
(Simplified Acquisition Threshold)
$250,000
*Agencies that have adopted the California Uniform Public Construction Cost Accounting Act.

Packet Pg. 455

G.3.c
Pagel of 9
ORDINANCE NO. 1035

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK

CITY OF HOLLISTER
AN ORDINANCE OF THE CITY OF HOLLISTER ADDING CHAPTER 3.06

ENTITLED PROCEDURES FOR SUPPLIES, PROPERTY, AND SERVICES TO

THE HOLLISTER MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF HOLLISTER HEREBY ORDAINS AS FOLLOWS:

Section 1. Resolution 2002-286 is hereby repealed in its entirety.

Section 2. Chapter 3.06 entitled "Procedures for Supplies, Property, and Services" is hereby added to the Hollister Municipal Code to read as follows:

Chapter 3.06 Procedures for Supplies, Property, and Services Article 1. Disposition of Property.

3.06.010 Authority and purpose
This article is authorized by Chapter XI, Section 7 of the California State Constitution and Government Code section 37350, as amended. It shall govern the disposition of real and personal property.

3.06. 020 Sale, lease or exchange of real property.

Any interest in real property owned or possessed by the city and no longer necessary for municipal purposes may be sold, exchanged or otherwise conveyed in accordance with the provisions of this article under such terms and conditions and for such consideration as the council may by resolution prescribe.

3.06.30 Sale procedure of real property
The procedure for sale of real property shall be as follows:
(a) Resolution. Before ordering the sale of any interest in real property, except sales to governmental bodies or agencies, the council shall adopt a resolution declaring that such interest is no longer necessary for municipal purposes and declaring the intention of the council to sell same. Such resolution shall:

Packet Pg. 456

G.3.c
Ordinance No. 1035
Page2of9
(1) Describe the property interest to be sold in sufficient detail and in such manner as to identify it with legal
certainty;
(2) Specify any minimum cash price acceptable;
(3) Set out the terms and conditions upon which such sale shall be made or refer to a document on file in the
office of the city clerk setting out such terms and
conditions;
(4) Set a place and time, not less than ten days thereafter, at which time and place sealed proposals to purchase
said interest shall be received and opened;
(5) Order the city clerk to publish a notice of the adoption of the resolution in a newspaper of general circulation within the city not less than seven days before the date set -for opening of proposa s.
(b). Opening and Acceptance of Proposals. At the time and place fixed in the resolution of intention all sealed proposals which have been received shall be opened, examined, and read. The council may, at any subsequent regular or special meeting held within any time limit established by the terms and conditions of sale, accept the proposal determined by the council to be in the best interest of the city or reject all proposals. The acceptance of any proposal shall be made by resolution. (c) Effect of Acceptance. The resolution of acceptance shall authorize the mayor to execute any contract of sale and to execute and deliver any deed or deeds necessary to effect transfer of the property interest or interests sold in conformity with the adopted terms and conditions of sale.

3.06.040 Public hearing unnecessary in certain cases.

The council may authorize the sale or exchange of any parcel of real estate without the necessity of compliance with the procedures set out in any of the foregoing sections of this article if it determines to its satisfaction that:
(a) The value of the real property to be sold or exchanged does not exceed the amount of five thousand dollars; or
(b) The particular parcel of real property is incapable of being developed independently of an adjoining property; or
(c) The disposition of the parcel to other than the adjoining owner would deprive that owner of an existing vested right of access to a public highway and might thereby create a cause of action against the city.

Packet Pg. 457

G.3.c
Ordinance No. 1035

Page 3 of 9 ends

Hollister City CouncilAugust 21, 2023

Hollister City Council
August 21, 2023