vacation of the access denial along a portion of San Felipe Road for access to the lift station site from the roadway.
CA-1.1.2. Review CCTV Inspection Reports.
Wallace Group will review the six inspection reports, photographs, and CCTV Video of “upstream” gravity sewers, transmitted to Wallace Group on August 16, 2023. We will prepare a technical memorandum summarizing the findings, and make recommendations for sewer repairs or replacements based on this review. We will also include in this memorandum a summary of recommendations for sewer relocation, replacement and abandonment based on the survey results.
CA-1.1.3. Design Updates/Sewer.
We will provide the following design additions:
New fencing on State Armory Property
Sewer repairs, replacements, new sewer construction, abandonments, based on the CCTV video review and manhole survey results. It is assumed that three new plan and profile sheets will be required for this work.
CA-1.2. Phase 1, 2nd & East Lift Station.
Wallace Group will provide the following services:
Preliminary Design Memorandum and Conceptual Site Layout. We will evaluate the requirements and layout for the new generator, bioxide tank and chemical fill station, and prepare a preliminary design memorandum summarizing our findings, including a conceptual layout of how the new equipment (generator, bioxide tank, chemical fill station) will lay out in part within the existing lift station footprint, and what additional land is required to accommodate these facilities. We will attend one Teams design review meeting with the City to discuss comments, prior to proceeding with detailed design. New Pumps and Electrical. We will verify existing and future flows to the lift station, calculate pumping head requirements, and specify/design new pumps (3 identical pumps) for the existing lift station. This will also include specifying new discharge piping in the wetwell, and new guide rails. The existing valve vault and piping are in good condition, and therefore no new design features will be provided for the valve vault. The new pumps will include variable frequency drives and updated or new electrical service panels to accommodate the new pumps. For the purposes of this scope of services, it is assumed that the existing electrical service will not require an upgrade by PG&E. If PG&E service requires an upgrade, Wallace Group will provide a supplemental contract amendment to address such services. We will also specify/design a new generator on-site, based on identified real estate/property expansion needs to accommodate the generator. We assume the City will address property acquisition of any neighboring landWe will conduct one field visit in conjunction with Otto Engineering, to review site conditions and verify existing information on the lift station. We will also attend two Teams review meetings. We will prepare specifications based on the City’s existing boiler plate, and will also prepare engineer’s estimates at the 50%, 90% and Final stages of design. See attached letter proposal from Otto Engineering, including electrical scope of work, and exclusions/assumptions. Bioxide Tank. We will specify/design a new bioxide tank/chemical feed system (including chemical metering pumps) and abandon the existing biotower odor scrubber system. The chemical pumping system will be designed to pump during pump operation and turn off when pumps cycle off. Dosage control will be manual and adjusted manually by City operations staff. We assume that some or all of the existing footprint of the biotower facilities may be used to accommodate some or all of the new bioxide tank needs, and that any additional land requirements will be met by additional land acquisition (by the City).
We will also design a remote (off-site) bioxide feed system can be designed for exterior access to the tank fill by the bioxide delivery truck. The new chemical fill station will be DocuSign Envelope ID: 2C1342F6-616E-4FE4-809D-FF6D07866507 B.10.a
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designed to be tamper-proof and will be provided with a splash pad/drain (drains back to wetwell) to accommodate chemical spills during delivery. Please note there may be a potential for unauthorized dumping of materials into this drain/sump. The City should consider this potential risk for this fill station that would be located outside of the security fence.
Title Report. Wallace Group will procure a condition of title guarantee (report) of the property adjacent to and east of the lift station (APN 054-151-008). We will summarize the findings of the Title Report in a brief letter to the City, and we will provide a copy of the report to the City for their records.
CA-1.3. Phase 2, Airport Lift Station, O&M Manual Supplement.
Wallace Group will prepare a supplement to the O&M Manual provided by the Contractor. This O&M Manual supplement will address procedures for emergency storage during an extended lift station outage, including pump-out and cleaning of existing wetwell, washdown of new operating wetwell, and observation and washdown procedures for existing sewer collection system manholes.
CA-1.4. Phase 3, GLP Lift Station.
Wallace Group will provide design services to specify/provide new lift station pumps, including variable frequency drives. We assume the existing electrical service panel is of adequate size to accommodate the new VFDs, that a new electrical service upgrade by PG&E is not required, and the existing generator installed in 2018 is of adequate capacity. If PG&E service (and generator) requires an upgrade, Wallace Group will provide a supplemental contract amendment to address such services. Prior to detailed design, Wallace Group will provide a design memorandum summarizing hydraulic calculations and pump design points, and adequacy of the existing electrical service to serve the new pumps and VFDs. We will conduct one field visit in conjunction with Otto Engineering, to review site conditions and verify existing information on the lift station. We will also attend two Teams review meetings. We will prepare specifications based on the City’s existing boiler plate, and will also prepare engineer’s estimates at the 50%, 90% and Final stages of design.
See attached letter proposal from Otto Engineering, including electrical scope of work, and exclusions/assumptions.
Existing Wetwell Access Hatch. We will design a new replacement hatch to replace the existing hatch that has deteriorated. The new hatch will be subject to traffic conditions and designed to accommodate the loading. The design will accommodate replacement of the single damaged leaf, or replacement of the entire hatch if desired by the City. This work is a significant safety hazard, and as such, will be required to be a first order of work item when this GLP LS design work (including electrical work and pump replacement above) is awarded. We understand that the City desires to bid this Work with the pump upgrades, and require the wetwell lid replacement to be constructed as first order of work (this will be specified in the bid documents). Refer to attached letter proposal from Murphy Structural Engineering.
ITEMS NOT INCLUDED
Electrical service upgrade, 2nd & East Lift Station and GLP Lift Station. Property Acquisition, 2nd & East Lift Station.
New Generator at GLP LS.
Separate bid package for GLP LS wetwell hatch door replacement.
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Revision(s) Represent: Revision(s) Fee:
( ) a change in previous instructions (x) hourly (time & materials) $178,000 (x) a change in Scope of Services ( ) progress billing: $ ( ) other: ( ) not-to-exceed w/o authorization: $
Revision(s) will be invoiced as:
( ) increase to an item within the existing contract
(x) a new item added to existing contract
Issued by,
WALLACE GROUP, a California Corporation APPROVED BY CLIENT:
Kari E. Wagner, PE C66026 ____________________________________ Principal/Director of Water Resources Signature
612 Clarion Court ____________________________________ San Luis Obispo Printed Name
California 93401 ____________________________________ T 805 544-4011 Title
F 805 544-4294 ____________________________________ www.wallacegroup.us Date
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F4-9
F4-10
MH-Sewer Box(E) MH
F4-14
F4-12
F3-6
F4-19
F4-11
F4-13
MH or Sewer Box
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979 Osos Street, Suite F10
San Luis Obispo, CA 93401
22-011.01 1
August 10, 2023
Steven Tanaka
Wallace Group
612 Clarion Court
San Luis Obispo, CA 93401
PROJECT: CITY OF HOLLISTER 2ND & EAST AND GLP LIFT STATION IMPROVEMENTS
SCOPE
Task 1. 2nd & East Lift Station
Otto Electrical will provide electrical design to upgrade the existing lift station with three new variable frequency driver controlled pumps and a new diesel backup generator. Due to limited record drawings or existing conditions information, an initial site investigation will be conducted to determine the existing service size, feasibility of modifying existing motor control center, and fitting a new generator on site. A design memo will summarize the findings and recommendations. Electrical design is based on the best-case scenario.
Assumptions:
1. The existing service has sufficient capacity for new VFD pumps and does not require relocating or modifying the existing service or service equipment.
2. The existing MCC can be modified to accommodate new VFDs either internally or feeding to external VFDs.
3. Existing pump controls, instrumentation, or SCADA equipment does not need to be modified except for providing monitoring associated with new automatic transfer switch, generator, and VFDS. Pump control logic will remain unchanged.
4. PLC has sufficient spare I/O for new monitoring points, or space for additional PLC I/O cards if needed.
5. The site has sufficient space to house new ATS, generator, and new VFD cabinets (if needed).
6. Site investigation will be paired with GLP lift station project.
Exclusions:
1. PG&E application and coordination for service upgrades or modifications.
2. New service equipment or MCC.
3. Pump controls or SCDA system.
Task 2. GLP Lift Station
Otto Electrical will provide electrical design to upgrade the existing lift station with three new variable frequency driver controlled pumps. The existing electrical service and generator will be evaluated for capacity of the new VFD controlled pumps. An initial site investigation will be conducted to determine the existing service size and feasibility of modifying existing motor control center, A design memo will summarize the findings and recommendations. Electrical design is based on the best-case scenario.
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979 Osos Street, Suite F10
San Luis Obispo, CA 93401
22-011.01 2
Assumptions:
1. The existing service has sufficient capacity for new VFD pumps and does not require relocating or modifying the existing service or service equipment.
2. The existing MCC can be modified to accommodate new VFDs either internally or feeding to external VFDs.
3. Existing pump controls, instrumentation, or SCADA equipment does not need to be modified except for providing monitoring associated with new VFDS. Pump control logic will remain unchanged.
4. PLC has sufficient spare I/O for new monitoring points, or space for additional PLC I/O cards if needed.
5. Site investigation will be paired with 2nd & East lift station project.
Exclusions:
1. PG&E application and coordination for service upgrades or modifications.
2. New service equipment or MCC.
3. Pump controls or SCDA system.
4. Backup generator modifications.
DELIVERABLES:
60%, 90%, Final Design Documents (pdf): Electrical plans, notes, details, and specification.
FEES
Task 1. 2nd & East Lift Station $14,000
Task 2. GLP Lift Station $8,000
Project will be billed on a Fixed fee basis for scope as defined above, unless otherwise noted. Additional work not covered in the above scope of work will be billed as an addendum to this proposal on an Additional Services Agreement with prior written authorization from the Client. Reimbursable expenses are not anticipated for the project. Mileage is included in the task fees.
All direct expenses, such as printing, shipping costs, and permit fees will be billed at the actual cost plus 15%.
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793 E. Foothill Blvd Suite A Box 191 San Luis Obispo, CA 93405 Ph. 805.748.3693 August 29, 2023
Steve Tanaka
Wallace Group
612 Clarion Court
San Luis Obispo, CA
Reference: Hollister GLP Wet Well Lid
Hollister, CA
Dear Mr. Tanaka,
Thank you for your request for proposal, we are pleased to provide you with the following proposal. We base this proposal on emails and photos sent this month and our discussions. This proposal (Attachment A) outlines the assumptions and inclusions/exclusions, followed by the scope of services, fee schedule, and additional items. Following attachment A is the service agreement which is part of this proposal.
If you have any questions or comments regarding this proposal, please don't hesitate to call. Thank you for your consideration and we look forward to the opportunity to work with you on this project. If this proposal is acceptable, please sign and date the enclosed copy and return it to our office at your convenience.
Attachment A
PROPOSAL ASSUMPTIONS/NOTES
1. The structural scope is to specify and detail a new wet well lid to meet traffic loading demands required at this location.
The scope will allow replacement of all three leafs if desired by the City, or just replacement of the one confirmed damaged leaf.
2. (1) site visit to verify the existing site conditions.
3. Structural plans will be included as part of a larger bid set prepared by Wallace Group for the GLP Lift Station Improvements/Pump Upgrade project.
4. Specifications for the relevant portions of the project are part of this scope.
5. Compensation will be based on an hourly fee with an estimated fee shown. Additional services will be billed hourly, see scope of services and fee schedule.
SCOPE OF SERVICES
1. Design Development
A. (1) site visit, and review of photos and other drawings and information provided by Wallace Group/City.
B. Review of documents available
2. Construction Documents
A. Preparation of structural calculations as required
B. Preparation of complete working drawings
1. Partial plan
2. Structural Section
3. Structural details
4. General structural notes
3. Specifications for this scope
4. Resolution of any building department review/plan check comments DocuSign Envelope ID: 2C1342F6-616E-4FE4-809D-FF6D07866507 B.10.a
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2 FEE SCHEDULE
We propose to provide the engineering services outlined above for an hourly fee at the rates below with an estimated range of $5,000 to $7,000.
Our effort will be billed at the rate of $155.00 per hour for the principal, $130.00 per hour for senior engineers, $100.00 per hour for project engineers, and $65.00 per hour for staff drafting. See Article 2 of Services Agreement for further billing information.
ADDITIONAL SERVICES
1. Additional services required by significant changes/change orders in the project requested in writing by the Owner or Architect, see Article 4. Value engineering can be considered a significant change order.
2. Project administration during the bidding phase of the project.
3. Project administration and additional structural observation visits during the construction phase of the project.
4. Preparation of calculations and correction details necessitated by errors and omissions on the part of the contractor or subcontractors during construction.
5. Code updates due to projects on hold.
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3 MURPHY STRUCTURAL ENGINEERS SERVICES AGREEMENT
THIS DESIGN SERVICES AGREEMENT (this “Agreement”) is made as of August 29, 2023 between Wallace Group (“Client”) and Murphy Structural Engineers (“Engineer”).
WHEREAS, the primary intent of this Agreement is to obtain professional engineering services for projects related to the Client.
WHEREAS, Project may include new construction, repairs, alterations, or planning, study activities for new construction.
NOW THEREFORE, the Client and the Engineer, for the considerations hereinafter set forth, agree as follows:
Article 1 Scope of Services
General Description of Services. Engineer shall provide all services set forth and described in the attached Attachment A entitled “Scope of Services” (hereinafter “Services”), which is incorporated into this Agreement by this reference. Client shall furnish a geotechnical report, architectural drawings, metal building reactions as well as CAD backgrounds with sufficient detail to provide services.
Article 2 Compensation
For Engineer’s performance of the Services, the Client shall pay Engineer in accordance with the fee schedule attached as Attachment A to this Agreement (hereinafter referred to as the “Fee Schedule”). These rates are periodically reviewed and adjusted. Such increases are ordinarily made on an annual basis, though they may occur at other times. Any and all work that is agreed to in advance by Client that is outside of the scope of Services shall also be performed and billed in accordance with the Fee Schedule.
Engineer may submit monthly or bi-monthly invoices based upon the amount of actual progress achieved during the preceding month. Payment shall be due within 15 days of Client’s receipt of each progress invoice. Any payments not made within 20 days of becoming due and payable hereunder shall accrue interest at the rate of 1.5% per month until paid. Each statement will be due within 15 days of its date. If Client does not remit payment in the timeline specified above then Engineer has absolute discretion to stop, delay, and, or discontinue services. You may request statements at more frequent intervals if you prefer. If you have any questions concerning our statements, please call us immediately upon receipt of the statement. If we have not received any objection to our statement within 15 days after mailing it to you, it will be presumed to be accurate and accepted by you.
Article 3 Schedule
The schedule shall be based upon Client’s providing required architectural and geotechnical data and response to Engineer’s submittals for information and project approvals of Engineer designs, layouts, submittals and selections within a reasonable time.
Article 4 Client & Engineer’s Responsibilities
Section 4.1 All Services under this Agreement which by law are required to be performed by a licensed engineer, engineer or other professional shall be performed by a licensed professional under the employ of Engineer. All other Services under this Agreement shall be performed by such employees as shall be designated in the reasonable discretion of Engineer.
Section 4.2 Engineer’s Services shall be performed as expeditiously as is consistent with professional skill and care, and the prompt, orderly progress of such Services.
Section 4.3 Client shall provide complete, accurate and timely information regarding its requirements for the project. The Client shall examine documents or other instruments of service submitted by Engineer and shall render any decisions necessary promptly in order to avoid unreasonable delay. The Client shall also provide any additional services which are reasonable and necessary to complete the project, including but not limited to accurate and complete surveys, geotechnical engineering services, testing services, inspection, and reports required by law. When necessary, the Client shall arrange for access to the project site in order for Engineer to perform Engineer’s work.
Section 4.4 Client shall provide all change orders in writing. Change orders accepted by the Engineer that are outside the scope of services in this Agreement as provided in Attachment A shall be charged at the hourly rate as set forth in Attachment A. Change order in this Agreement can be defined but not limited to the following requests by the Client: a) Increases in Engineer’s Services, b) Changes specifically requested by Client after Drawings and Specifications have been developed in accordance with previously agreed pricing, c) Acceleration of the project schedule that demands overtime from Engineer personnel.
Section 4.5 Client shall consult with the Engineer on a regular basis through the course of all work and make recommendations in writing whenever it appears to Client that elements of Engineer’s program or objectives will adversely affect constructability, cost or schedules of the Project.
Article 5 Engineer Services
Section 5.1 Engineer shall provide the Services in a professional, responsive, thorough manner.
Section 5.2 Engineer acknowledges that the preliminary estimate of cost of the Services is set forth in Attachment A to this Agreement, and that Engineer will be delivering to Client any and all drawings, specifications, materials, reports and other documents, whether in written or electronic format, produced in accordance therewith (collectively, the “Drawings and Specifications”). Engineer shall use reasonable efforts not to exceed such cost estimates. Engineer shall promptly advise Client in writing if at any time it appears costs may exceed the cost estimates set forth on Attachment A, and shall make recommendations for corrective action which will minimize such excess.
Section 5.3 Engineer shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work of improvement, however, Engineer shall, in the course of its site visits, use its best professional skill and efforts to assist the Client to obtain complete and satisfactory workmanlike performance from each of the contractors or subcontractors. Engineer shall recommend in writing courses of action to the Client when requirements of Engineer’s Drawings and Specifications are not being fulfilled.
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4 Article 6 Warranties
Section 6.1 Engineer: The Engineer is a business duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization and in the State of California, has all requisite corporate or other power to carry on its business as now being conducted and as proposed to be conducted, is duly qualified to do business and is adequately capitalized to do the business contemplated herein. Engineer warrants that it has complied with, is not in violation of, and has not received any notice of violations with respect to, any federal, state or local statute, rule or regulation with respect to the conduct of its business, or the clientship of its business, except for failures to comply or violations which would not be reasonably likely to have a material adverse effect on the Services contemplated herein. Engineer is now, and will remain for the duration of its Services herein, properly licensed, qualified, experienced, and equipped to perform the Services herein.
Section 6.2 Client: The Client is a business duly organized, validly existing, and in good standing under the laws of the jurisdiction of its organization and in the State of California, has all requisite corporate or other power to carry on its business as now being conducted and as proposed to be conducted, is duly qualified to do business and is adequately capitalized to do the business contemplated herein. Client warrants that it has complied with, is not in violation of, and has not received any notice of violations with respect to, any federal, state or local statute, rule or regulation with respect to the conduct of its business, or the clientship of its business, except for failures to comply or violations which would not be reasonably likely to have a material adverse effect on the Services contemplated herein. Client is now, and will remain for the duration of its Services herein, properly licensed, qualified, experienced, and equipped to perform the Services herein.
Article 7 Use of Engineer’s Drawings, Specifications and Other Documents Original Drawings and Specifications are the property of Engineer; however, the Project is the property of the Client and Client is compensating Engineer for producing the Drawings and Specifications. Client shall be furnished with such reproductions of the Drawings and Specifications as the Client may reasonably require. Upon completion of the Services or any earlier termination under this Agreement, Engineer shall furnish to Client Drawings and Specifications which have been revised to reflect changes made through the date of completion of the work of improvement or any earlier termination. Any reproductions shall be the property of the Client who may use them without Engineer’s permission for any proper purpose relating to the Project, including completion of the work of improvement. Drawings and Specifications shall not be modified without written authorization by Engineer. Re-use of Drawings and Specifications for future projects is strictly prohibited.
Article 8 Termination
This Agreement may be terminated by either party upon seven days’ notice by mutual agreement, or should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination without cause, or due to the fault of others than the Engineer, the Engineer shall be immediately compensated for services performed to termination date, including reimbursements then due, plus terminal expense or the contracted price, whichever is greater.
Article 9 Indemnity
Engineer & Client: mutually agree to indemnify, hold harmless and defend each other, and all its directors, officers, trustees, beneficiaries, property managers, members, tenants, invitees, employees, agents and representatives (“Indemnitee(s)”), from and against: All claims, loss, demands, liabilities and/or expenses of any kind arising out of, or relating to the performance of the Services set forth herein. The obligations to indemnify shall not be effective if the Indemnitee(s) is/are guilty of active or passive negligence or misconduct that contributes to the claims, losses, demands, liabilities and/or expenses. All of Engineer’s and Client’s obligations in this section shall survive the expiration or other termination of this Agreement.
Article 10 Limitation of Liability
To the maximum extent permitted by law, the Client agrees to limit the Engineer’s indirect or consequential liability for the Client’s damages to the sum of $50,000 or the Consultant’s fee, whichever is greater. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
Article 11 Insurance
Section 11.1 Engineer & Client: shall procure and maintain, at its own expense, insurance for the duration of this Agreement against claims for injuries to persons or damages to property which may arise from or in connection with the performance of Services under this Agreement by Engineer and Client, its agents, representatives, employees or subcontractors as provided by California State Law.
Section 11.2 Client: The Client shall purchase, effect and maintain adequate property insurance for all the works of improvement contemplated to be performed under this Agreement, and for the existing buildings or structures located at the Project, as necessary in the exercise of a reasonable business judgment. The policy of insurance at minimum shall cover damage for fire or destruction of existing improvements and shall be equal to full and insurable value of the work of improvement.
Article 12 Attorneys’ Fees
If either party becomes involved in litigation (or arbitration) arising out of this Agreement or the performance thereof, the court in such litigation or arbitration, or in a separate suit, shall award all costs and expenses, including attorneys’ and experts’ fees, to the prevailing party. In awarding attorneys’ fees, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses, and attorneys’ fees paid or incurred in good faith.
Article 13 Severability
In the event any section, or any part or portion of any section of this Agreement shall be held to be invalid, void, or otherwise unenforceable for any reason, it shall be modified rather than voided, if possible, in order to achieve the intent of the parties to the extent possible and in any event, all other provisions of this Agreement shall remain valid and enforceable.
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5 Article 14 Assignment
Client shall not assign this Agreement, wholly or in part, nor any of the rights, interests or obligations hereunder, voluntarily, by operation of law, or otherwise, without first obtaining the written consent, and any attempted assignment thereof without such consent shall be null and void.
Article 15 Waiver
Any term or condition of this Agreement may be waived at any time by the party that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the party waiving such term or condition. No waiver by any party of any term or condition of this Agreement, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of this Agreement on any future occasion. All remedies, either under this Agreement or by Law or otherwise afforded, will be cumulative and not alternative.
Article 16 Governing Law
This Agreement shall be construed under and governed by the laws of the State of California without a conflict of law. This Agreement shall be deemed to have been entered into in the City of San Luis Obispo, County of San Luis Obispo, State of California, and all questions of validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Agreement shall be governed by California law.
If any legal or equitable action is necessary to enforce the terms of this Agreement, such action shall be brought in the County of San Luis Obispo, State of California.
Article 17 Arbitration
In the event of any dispute between the parties arising out of this Agreement, the dispute shall be resolved in San Luis Obispo County by arbitration under the Uniform Commercial rules of the American Arbitration Association by an arbitrator agreed upon in writing by the parties. In the event the parties cannot agree upon the choice of an arbitrator, each party shall appoint one individual representative and the two party representatives shall, between themselves, chose an arbitrator.
Article 18 Lien
Client hereby grant Engineer a lien on any and all claims and causes of action that are the subject of Engineer’s representation under this Agreement, as well as on any funds or property which comes into Engineer’s possession. Engineer’s lien will be for any sums owing yet unpaid. The lien will attach to any recovery Client may obtain directly or indirectly by reason of the services rendered by Engineer, in whole or in part, including but not limited to an arbitration award, judgment, settlement or otherwise.
Article 19 Construction
This Agreement will not be construed against the party preparing it but will be construed as if prepared by both parties.
Article 20 Counterparts
The parties agree that this Agreement may be signed in counterpart originals with the same effect as if both parties had signed the same document.
This Agreement is effective the date set forth above on the front (cover) page even though it may have been signed by one or both parties either before or after such date.
Article 21 Entire Agreement
This Agreement and any Attachments, schedules and instruments referred to herein or attached hereto): (a) constitutes the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, both written and oral, among the parties, including course of conduct, with respect to the subject matter hereof; and (b) is not intended to confer upon any person other than the parties hereto any rights or remedies hereunder. No representative of Engineer or of Client has authority to make any representations or agreements not set forth herein. No modifications of the terms hereof shall be binding unless reduced to writing and executed by both parties as provided for in this Agreement. Each party agrees that it was not induced to enter into this Agreement by any statement, representations, understandings, promises or agreements not otherwise contained within this Agreement, and that the other party is not bound by or in any way liable because of any such statement, representation, understanding, promise or agreement not contained herein.
NOW, THEREFORE, in consideration of the foregoing and the respective representations, warranties, covenants and agreements set forth herein and below, the parties have caused this Agreement to be executed by their respective officers or principals duly authorized as of the date first written above.
ENGINEER: CLIENT
Chris Murphy, President Steve Tanaka, Wallace Group
Date: _____________________ Date: _____________________08/29/2023 DocuSign Envelope ID: 2C1342F6-616E-4FE4-809D-FF6D07866507 B.10.a
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: September 17, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-198, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER REJECTING THE BID OF SPECIALTY CONSTRUCTION, INC.
RECEIVED ON SEPTEMBER 21, 2023 FOR THE INDUSTRIAL WASTEWATER
TREATMENT PLANT STORMWATER IMPROVEMENTS PROJECT
DESCRIPTION: Consider rejecting the bid of Specialty Construction, Inc. received on September 21, 2023 for the Industrial Wastewater Treatment Plant (IWTP) Stormwater Improvements Project.
RECOMMENDATION: Adopt a resolution rejecting the bid of Specialty Construction, Inc. received on September 21, 2023 for the IWTP Stormwater Improvements Project.
DEPARTMENT SUMMARY: On August 7, 2023, the City Council adopted Resolution No. 2023- 144, authorizing the calling for sealed bids for the Industrial Wastewater Treatment Plant (IWTP) Stormwater Improvements Project.
On September 21, 2023, the City of Hollister received one bid from Specialty Construction, Inc., in the amount of $3,661,786.00, which is substantially higher than the Engineer’s estimate of $1,810,651.00.
Staff will work with the engineering consultant to identify cost saving measures. Staff will combine the project with the Bridge Road Outfall project and bid both projects as a single project. Staff believes that larger projects attract more bidders.
Staff has been working with the State Water Resources Control Board staff to finalize the funding agreement to allow combining both projects into a single construction contract. The draft funding agreement requires the City to bid the project before May 2024.
Staff will request City Council to approve the revised construction contract documents and authorize the solicitation of sealed bids in the Spring 2024.
Staff recommends that the City Council reject the bid received on September 21, 2023, from Specialty Construction, Inc. in the amount of $3,661,786.00, as it was significantly higher than the Engineer’s Estimate of Probable Construction Costs.
FINANCIAL IMPACT: None.
CEQA: In June 2021, a notice of determination, negative declaration, and mitigation monitoring plan for the Industrial Wastewater Treatment Plant Storm Water Improvements was prepared pursuant to the provisions of CEQA.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
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David Mirrione, City Manager
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RESOLUTION NO. 2023-198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER REJECTING THE BID OF SPECIALTY CONSTRUCTION, INC. RECEIVED ON SEPTEMBER 21, 2023 FOR
THE INDUSTRIAL WASTEWATER TREATMENT PLANT STORMWATER IMPROVEMENTS
PROJECT
WHEREAS, on August 7, 2023, the City Council adopted Resolution No. 2023-144, authorizing the calling for sealed bids for the Industrial Wastewater Treatment Plant (IWTP) Stormwater Improvements Project; and
WHEREAS, on September 21, 2023, the City of Hollister received one bid from Specialty Construction, Inc., in the amount of $3,661,786.00; and
WHEREAS, the amount of the bid was substantially higher than the Engineer’s Estimate of Probable Construction Cost of $1,810,651.00.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister rejects the bid of Specialty Construction, Inc. received on September 21, 2023 for the Industrial Wastewater Treatment Plant Stormwater Improvements Project.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-198, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: September 17, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
Glen March, City Engineer
TITLE OF ITEM: RESOLUTION NO. 2023-199, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE RELEASE OF A REQUEST FOR
QUALIFICATIONS AND A REQUEST FOR PROPOSALS FOR ON-CALL ARCHITECTURAL
AND PLANNING SERVICES
BRIEF DESCRIPTION: Consider authorizing the release of a Request for Qualifications and a Request for Proposals for On-Call Architectural and Planning Services for the City of Hollister.
RECOMMENDATION: Adopt a resolution authorizing the release of a Request for Qualifications (RFQ) and a Request for Proposals (RFP) for On-Call Architectural and Planning Services for the City of Hollister.
DEPARTMENT SUMMARY: The City of Hollister Engineering Department is seeking proposals from qualified architectural and/or planning firms for Architectural and Planning Services. Many architectural firms provide planning services; however, staff may select a firm that only performs architectural services or planning services.
Over the next several years, the staff anticipates improving several buildings. As part of the solicitation, the RFQ/RFP requests that respondents submit cost proposals for preparing construction contract documents for; (1) tenant improvements for the 190 Maple Street building, (2) bathroom reconstruction at the City’s Community Center, and (3) demolition of several buildings on the City’s Airport property. The RFP/RFQ will specifically request that respondents provide qualifications for (1) a project manager for police station improvements, including a dispatch center, and (2) specialist to prepare Americans with Disabilities Act (ADA) transition plans.
The future planning services may include space planning and Master Plans for permanent buildings at the City’s Public Works Department’s Corporation Yard. Master Plans for one or more parks and undeveloped portions of the Airport site.
The Request for Qualifications (RFQ) requires respondents to provide information regarding their qualifications, past experience, understanding of work scope, costs of services, and other supportive information.
The City anticipates selecting three (3) to five (5) firms to provide architectural and planning services on an on-call basis for up to five (5) years. Staff will request specific proposals/budget for the majority of work after the contract is executed.
Once the responses are received and reviewed, staff will create a short-list of qualified architectural and planning firms, may conduct interviews, and award contracts based on the most qualified architectural and planning firms. The qualified list of architectural and planning B.12
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firms is anticipated to be announced on or before January 2, 2024. Award of the professional services contracts would be completed on a case-by-case basis.
FINANCIAL IMPACT: The financial impact will be determined prior to the execution of a contract or contract amendment. Funding for each project will be determined prior to the execution of the contract or contract amendment.
CEQA: Not applicable. A request for qualification or proposal is not defined as a project, pursuant to Section 21065 of the CEQA Guidelines.
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-199
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
RELEASE OF A REQUEST FOR QUALIFICATIONS AND A REQUEST FOR PROPOSALS
FOR ON-CALL ARCHITECTURAL AND PLANNING SERVICES
WHEREAS, the City is seeking qualified architectural and planning firm(s) to provide on-call Architectural and Planning Services for up to five (5) years, and to that end the City wishes to solicit qualifications and proposals from architectural and planning firms; and
WHEREAS, the on-call Architectural and Planning Services contracts would allow preapproved architectural and planning firms to be part of the City’s list of professionals that can assist the City of Hollister, in its capacity as lead agency, to perform professional services pursuant to 40 U.S.C. 1101 and to California Government Code 4526; and
WHEREAS, the City staff will likely select three (3) to five (5) qualified firms to provide Architectural and Planning Services on an on-call basis; and
WHEREAS, City staff will recommend approval of the contracts for on-call Architectural and Planning Services at a future City Council meeting.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the release of a Request for Qualifications and a Request for Proposals for On-Call Architectural and Planning Services.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-199, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: September 26, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Fire
Bob Martin Del Campo, Fire
Chief
SPONSOR(S): Perez
TITLE OF ITEM: RESOLUTION NO. 2023-200, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN HOLLISTER FIRE DEPARTMENT AND UNINCORPORATED AND
INCORPORATED AREAS OF SAN BENITO COUNTY WITH CAL FIRE AROMAS TRI
COUNTIES FIRE PROTECTION DISTRICT FOR AUTOMATIC AID RESPONSE TO
EMERGENCY INCIDENTS
BRIEF DESCRIPTION: This item will allow Hollister Fire Department along with the unincorporated and incorporated areas of San Benito County, to enter into an Agreement for Automatic Aid with the California Department of Forestry Aromas Tri-County Fire Protection District.
RECOMMENDATION: Adopt a resolution authorizing Hollister Fire Department along with unincorporated and incorporated areas of San Benito County to enter into the submitted Agreement for Automatic Aid to emergency incidents with the California Department of Forestry Aromas Tri-Counties Fire Protection District.
DEPARTMENT SUMMARY: Mutual aid and automatic aid are the two main methods for providing additional assistance for or obtaining additional assistance from other fire agencies for emergency incidents. Automatic aid is a system used to augment firefighting resources without the need to make a request, thus saving valuable time. The dispatch is automatically made based upon the parameters of the attached agreement. This agreement is for emergency incidents only, and is not used or intended for non-emergency responses. The submitted agreement is the result of recent communications between the Fire Chief of Hollister Fire Department and the CAL FIRE Unit Fire Chief.
FINANCIAL IMPACT: N/A – Reciprocal Operational Purposes
CEQA: N/A
ATTACHMENTS:
1. 2023 AGREEMENT FOR AUTOMATIC AID - FINAL DRAFT
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN HOLLISTER FIRE DEPARTMENT AND
UNINCORPORATED AND INCORPORATED AREAS OF SAN BENITO COUNTY WITH CAL
FIRE AROMAS TRI COUNTIES FIRE PROTECTION DISTRICT FOR AUTOMATIC AID
RESPONSE TO EMERGENCY INCIDENTS
WHEREAS, an automatic aid agreement is commonly used by fire agencies adjacent to each other for structure fires, wildland fires and motor vehicle emergencies; and
WHEREAS, such agreements save valuable time while augmenting firefighting resources; and
WHEREAS, an agreement has been developed by the Chiefs of the participating agencies.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes execution of this Agreement between the City of Hollister Fire Department and the unincorporated and incorporated areas of San Benito County with the CAL FIRE Aromas Tri Counties Fire Protection District.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-200, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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AGREEMENT FOR AUTOMATIC AID
AROMAS TRI-COUNTY FIRE PROTECTION DISTRICT
and
HOLLISTER FIRE DEPARTMENT
THIS AGREEMENT, made and entered into on this day, by and between Aromas Tri County Fire Protection District (hereinafter referred to as “ATC”) and the Hollister Fire Department (hereinafter referred to as “HFD”), collectively, the Agencies or Parties.
WITNESSETH:
WHEREAS, ATC maintains and operates a Fire Protection Organization; and
WHEREAS, HFD operates a Fire Protection Organization covering the unincorporated and incorporated areas covering San Benito County.
WHEREAS, it is the desire of ATC and HFD hereto to render automatic aid to each other, utilizing the, “closest resources concept” for code 3 emergencies requiring a response of a minimum of two fire apparatus; and
WHEREAS, Automatic Aid shall mean “responding to an emergency in an adjacent fire district as a matter of initial assignment and, without being requested by the responsible agency”.
WHEREAS, each party has the ability to provide the above desired automatic aid when not committed to another emergency.
NOW, THEREFORE, in consideration of their mutual covenants, the Parties hereto agree as follows:
1. Areas of Response:
a. Within the Response Areas designated below, upon report of a code 3 emergency requiring a response of a minimum of two fire apparatus, HFD will respond with one engine.
i. All locations within San Benito County, within ATC jurisdiction. ii. Highway 129, within ATC jurisdiction, including all side streets.
b. Within the Response Areas designated below, upon report of a code 3 emergency requiring a response of a minimum of two fire apparatus, ATC will respond with one Type 1 engine.
i. Highway 101, between the ATC jurisdiction boundary and the San Benito - Santa Clara County Line, and all associated side roads.
ii. All addresses and locations between San Juan Highway, San Justo Rd., Cagney Rd., San Juan Bautista City limits, Highway 156, the Monterey - San Benito County line, and the ATC jurisdiction boundary.
iii. All associated side roads of Highway 156 between the San Juan Bautista City limits and the ATC jurisdiction boundary, including, but not limited to, Rocks Rd. and the Rancho Larios Community.
iv. This section of the agreement does not include the area surrounding San Juan Canyon Rd. and Salinas Rd., identified on Map Attachment “ATC RESPONSE TO HFD” M24S.
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c. Within the Response Areas designated below, upon report of a Structure Fire within the HFD jurisdiction, ATC will respond with one Type 1 engine.
i. San Juan Canyon Rd., Salinas Rd., and the surrounding area, identified on Map Attachment “ATC RESPONSE TO HFD” M24S
d. Within the Response Areas designated below, upon report of a Vegetation Fire within the HFD jurisdiction, ATC will respond with one Type 1 engine. i. San Juan Canyon Rd., Salinas Rd., and the surrounding area, identified on Map Attachment “ATC RESPONSE TO HFD” M24S
2. Command Authority
a. When operating at an incident, each Party will use the command and tactical frequencies assigned by the jurisdictional agency’s Emergency Command Center or Emergency Dispatch Center.
b. The first arriving resource to incidents will assume command with the expectation to transition command to the first arriving Authority Having Jurisdiction (“AHJ”) resource. It may be mutually agreed by the AHJ resource and initial Incident Command (“IC”) to keep command authority with the initial IC to continue flow of operations. The expectation is to eventually transition command authority to the AHJ Officer in charge.
c. In no case shall the AHJ resource be canceled without approval of that agency’s officer in charge, however, resources can be reduced to “code 2” and continue to the scene.
d. Parties shall ensure all participating firefighters wear full protective clothing and equipment when exposed to hazardous elements on the scene of an emergency incident.
e. Responsible jurisdiction will utilize supporting agency resources to the extent required to bring emergency under control.
f. Parties shall train together at least twice annually on Standard Operation Procedures that apply to each agency. Standard Operation Procedures must be utilized on all incidents.
3. ATC and HFD shall hold each other harmless from liability for acts or omissions of the other, its officers, employees, or agents in connection with the performance of this Agreement.
4. Compensation.
a. All services provided by either HFD or ATC under this Agreement shall be performed without additional monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions.
b. Each party shall provide Worker’s Compensation for its own personnel while working under this agreement.
c. If aid is requested for more than 2 hours at motor vehicle accident incidents, 4 hours at structure fire incidents, and 12 hours at vegetation fire incidents, the AHJ may be billed at the B.13.a
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rates established in the California Fire Assistance Agreement. Exceptions to cost reimbursements may be agreed upon between the Parties’ Agency Representatives and ICs.
Any requests for aid not covered in this Agreement shall be handled under the day-to-day Mutual Aid.
5. The responsible jurisdiction, when on the scene, shall be responsible for filing, and storing all required reports. If the responsible jurisdiction is not on the scene, the jurisdiction providing aid shall be responsible for filing, recording, and storing of all required reports to local or state agencies according to its standard procedure.
6. This Agreement contains all of the terms and conditions agreed to between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of the parties.
7. The Fire Chiefs of the parties to this Agreement shall have the authority to amend the identified response areas on the attached map, and execute any documents required to implement such amendments. Any such amendments shall be mutually agreed upon and require the written consent of the Fire Chiefs of the Parties.
8. This Agreement shall commence upon execution of the Agreement by both Parties, and shall remain in effect until modified or terminated. Both ATC and HFD will review and determine if the general public benefits from such agreement annually. Either Party may terminate participation in this Agreement after providing a 30 day advance written notice.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed as the day
____of ___________, 2023.
________________________________
CALFIRE/Aromas Tri-Counties FPD
George Nunez, Unit Chief
________________________________
Hollister Fire Department
Bob Martin Del Campo, Fire Chief
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MAP ATTACHMENT
HFD RESPONSE TO ATC
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MAP ATTACHMENT
ATC RESPONSE TO HFD
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 3, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Public Works
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-201, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE PURCHASE OF VEHICLES AND
EQUIPMENT THROUGH SOURCEWELL PURSUANT TO MUNICIPAL CODE COMPETITIVE
BIDDING EXEMPTIONS-COOPERATIVE PURCHASING
BRIEF DESCRIPTION: This resolution will authorize the use of Sourcewell to purchase vehicles and equipment using Sourcewell pursuant to Municipal Code competitive bidding exemptions- cooperative purchasing.
RECOMMENDATION: Adopt a resolution to authorize the use of Sourcewell pursuant to Municipal Code 3.06.270 (competitive bidding exemptions-cooperative purchasing) and authorize the City Manager to execute any required agreements.
DEPARTMENT SUMMARY: For the past three years, vehicle and equipment manufacturers have been behind schedule in building and delivering vehicles to government entities and private individuals alike. The ongoing supply system shortages have increased the delay in building vehicles and has turned the automotive industry toward an “order first” type of purchase. This creates problems for government agencies that use the bid process. The unavailability of vehicles, vehicle prices, and build slots, even to dealers, causes dealerships to avoid the bid process because they are unsure of the delivery date of the vehicles and the projected cost; since more than a year delay may cause the model year to change, increasing the cost.
Title 3, chapter 3.06 Article II § 3.06.210 of the Municipal Code requires all purchases over $20,000 to be advertised for sealed bids. However, § 3.06.270 lists exceptions that include cooperative purchasing and sole source.
Sourcewell is a cooperative purchasing agency that was created to assist government entities and special districts with the procurement of vehicles, equipment, supplies, construction, etc.; the City of Hollister is a member of Sourcewell. Sourcewell requests bids nationwide for all of the products and services that are available through their agency, reviews the bids, and awards a contract to the lowest responsible bidder. Therefore, the bidding requirement is met. The contracts that are awarded through this process are available to all members.
Using Sourcewell simplifies the purchase of needed vehicles and equipment, saves staff time, and reduces the chance that purchases will need to be carried over into the next fiscal year, which could cause price increases and reduce productivity of staff.
With the above details in mind, Public Works is requesting authorization to use Sourcewell to purchase vehicles and equipment for the current Fiscal Year.
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The purchases requested for this Fiscal Year, listed below, are all included in the current budget:
2-¾ Ton Utility Trucks (Parks) $140,000
1-Off Road Forklift (Streets) $200,000
1-Sweeper (Airport) $373,280
2-Utility Vehicles (Airport) $28,551
1-1/2 Ton Pickup (Utilities) $60,000
1-Truck Mounted Leaf Loader (Storm) $300,000
1-Message Board (Public Works) $30,000
FINANCIAL IMPACT: Funds approved in current Fiscal Year in the following Funds:
101-8050-750070 $140,000;
101-5010-75005 $10,000;
203-5010-750070 $200,000;
601-4200-750070 $401,831;
620-5035-750070 $40,000;
660-4995-750070 $40,000;
662-5015-750070 $150,000;
670-5015-750070 $150,000.
CEQA: N/A
ATTACHMENTS:
1. Sourcewell Minnesota Statutes
2. Sourcewell_NameChangeLegalMem and resolution
3. Sourcewell By-laws-2019
4. Municipal Code Article II excerpts
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-201
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
PURCHASE OF VEHICLES AND EQUIPMENT THROUGH SOURCEWELL PURSUANT TO
MUNICIPAL CODE COMPETITIVE BIDDING EXEMPTIONS-COOPERATIVE PURCHASING
WHEREAS, the City of Hollister (the “City”) desires to obtain and is proceeding to acquire equipment and vehicles (collectively, the “Equipment”); and
WHEREAS, except as otherwise directed by the city council (“City Council”), whenever the amount to be expended for any purchase is in excess of twenty thousand dollars ($20,000.00), the department director shall advertise for sealed bids and the purchase contract shall be awarded to the lowest responsible bidder (M.C. 3.06.210); and
WHEREAS, an exception to bidding requirements exists for cooperative purchasing (M.C.
3.06.270); and
WHEREAS, Sourcewell is a cooperative purchasing agency formed to assist government entities and special districts with procurement; and
WHEREAS, the City is a member of Sourcewell; and
WHEREAS, the City Council wishes at this time to authorize and approve all proceedings for the acquisition of the Equipment through Sourcewell contracts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister as follows:
Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. The City Council pursuant to its authority granted by the City of Hollister Municipal Code and applicable state law hereby authorizes the use of Sourcewell to purchase the Equipment.
Section 3. The City Council authorizes the purchase of the Equipment in an amount not to exceed $1,131,831 (the collective amount approved in the current budget).
Section 4. The City Manager, Assistant City Manager, and their respective designees (“Authorized Officers”) are authorized and directed to take such further actions as may be necessary or convenient to carry out the purchase of the Equipment.
Section 5. The Authorized Officers are hereby further authorized and directed to prepare, on behalf of the City, any other documentation necessary to carry out the terms for the acquisition of the Equipment as set forth in any agreement with the Vendor(s) consistent with the terms and conditions of this resolution. Any actions heretofore taken by the Authorized Officers, on behalf of the City, that is in conformity with the purposes and intent of this resolution and with the provisions of applicable law are hereby approved and confirmed.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
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Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-201, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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123A.21 SERVICE COOPERATIVES.
Subdivision 1.Establishment of service cooperatives.(a) Ten service cooperatives, hereafter designated as SCs, are established. Geographical boundaries for each SC shall coincide with those identified in governor's executive orders 8, dated September 1, 1971, and 59, dated May 29, 1973, issued pursuant to the Regional Development Act of 1969, sections 462.381 to 462.397, with the following exceptions: (1) development regions one and two shall be combined to form a single SC; (2) development regions six east and six west shall be combined to form a single SC; and (3) development regions seven east and seven west shall be combined to form a single SC. (b) The SC shall cooperate with the regional development commission for the region with which its boundaries coincide but shall not be responsible to nor governed by that regional development commission. (c) Two or more identified SCs may, upon approval by a majority of the members in each affected SC, be combined and administered as a single SC.
Subd. 2.Purpose of SC.The primary purposes of designation as a SC shall be to perform planning on a regional basis and to assist in meeting specific needs of clients in participating governmental units which could be better provided by a SC than by the members themselves. The SC must provide those programs and services which are determined, pursuant to subdivision 7, to be priority needs of the particular region and must assist in meeting special needs which arise from fundamental constraints upon individual members. Subd. 3.Membership and participation.Full membership in a SC shall be limited to public school districts, cities, counties, and other governmental units as defined in section 471.59, but nonvoting memberships shall be available to nonpublic school administrative units and other partnership agencies or organizations within the SC. A school district, city, county, or other governmental unit or nonprofit organization may belong to one or more SCs. Participation in programs and services provided by the SC shall be discretionary. No school district, city, county, or other governmental unit shall be compelled to participate in these services under authority of this section. Nonpublic school students and personnel are encouraged to participate in programs and services to the extent allowed by law. Subd. 4.Governing board.(a) The care, management, and control of a SC shall be vested in a board of directors composed of not less than six nor more than 15 members. A majority of the members of the SC board of directors shall be current members of school boards of participating public school districts. Election of the school board members to the SC board of directors shall be by vote of all current school board members of participating public school districts with each school board member having one vote. The remaining board members may be representatives at large appointed by the board members or elected as representatives by other participating agencies, such as cities, counties, or other governmental units. (b) The election timeline shall be compatible with those for school board members and shall be addressed within the bylaws of each SC.
(c) A vacancy on the SC board which results in an unexpired term may be filled by appointment by the SC board of directors until such vacancy can be filled at the next board election. (d) At the organizational meeting, the SC board shall choose its officers and conduct any other necessary organizational business. The SC board may, at its discretion, appoint up to three members at large to the SC board as ex officio, nonvoting members of the board and shall encourage the advisory participation of a cross-section of school and agency personnel within the SC to the extent allowed by law. Official Publication of the State of Minnesota
Revisor of Statutes
123A.21MINNESOTA STATUTES 20211
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(e) The officers of the SC board shall be a chair, vice-chair, clerk, and treasurer, no two of whom when possible shall be from the same agency.
(f) A member of the SC board shall have the same liability applicable to a member of an independent school board or other elected governmental officials.
Subd. 5.Duties and powers of SC board of directors.The board of directors shall have authority to maintain and operate a SC. Subject to the availability of necessary resources, the powers and duties of this board shall include the following:
(a) The board of directors shall submit, by June 1 of each year to each participating member, an annual plan which describes the objectives and procedures to be implemented in assisting in resolution of the needs of the SC.
(b) The SC board of directors shall provide adequate office, service center, and administrative facilities by lease, purchase, gift, or otherwise.
(c) The SC board of directors shall employ a central administrative staff and other personnel as necessary to provide and support the agreed-upon programs and services. The board may discharge staff and personnel pursuant to applicable provisions of law. SC staff and personnel may participate in retirement programs and any other programs available to public school staff and personnel. (d) The SC board of directors may appoint special advisory committees composed of superintendents, central office personnel, building principals, teachers, parents, lay persons, and representatives from cities, counties, and other governmental units.
(e) The SC board of directors may employ service area personnel pursuant to licensure and certification standards developed by the appropriate state agency such as the commissioner and the Professional Educator Licensing and Standards Board.
(f) The SC board of directors may enter into contracts with school boards of local districts including school districts outside the SC area.
(g) The SC board of directors may enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed-upon programs and services.
(h) The SC board of directors shall exercise all powers and carry out all duties delegated to it by members under provisions of the SC bylaws. The SC board of directors shall be governed, when not otherwise provided, by applicable laws of the state.
(i) The SC board of directors shall submit an annual evaluation report of the effectiveness of programs and services to the members by September 1 of each year following the previous June 30 in which the programs and services were provided.
(j) The SC board is encouraged to establish cooperative, working relationships and partnerships with postsecondary educational institutions, other public agencies, business, and industry. Subd. 6.Appointment of advisory council.There may be advisory councils selected to give advice and counsel to the SC board of directors. The councils may be composed of representatives from public and nonpublic schools, cities, counties, and other governmental units. Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2021123A.21
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Subd. 7.Educational programs and services.(a) The board of directors of each SC shall submit annually a plan to the members. The plan shall identify the programs and services which are suggested for implementation by the SC during the following year and shall contain components of long-range planning determined by the SC. These programs and services may include, but are not limited to, the following areas: (1) administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication services; (5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8) publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, postsecondary, community, adult, and adult vocational education; (12) teaching and learning services, including services for students with special talents and special needs; (13) employee personnel services;
(14) vocational rehabilitation;
(15) health, diagnostic, and child development services and centers; (16) leadership or direction in early childhood and family education; (17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs, including health insurance programs providing reinsurance or stop loss coverage;
(20) technology planning, training, and support services; (21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
An SC is subject to regulation and oversight by the commissioner of commerce under the insurance laws of this state when operating a health reinsurance program pursuant to clause (19) providing reinsurance or stop loss coverage.
Official Publication of the State of Minnesota
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(b) A group health, dental, or long-term disability coverage program provided by one or more service cooperatives may provide coverage to nursing homes licensed under chapter 144A and to boarding care homes licensed under sections 144.50 to 144.56 and certified for participation in the medical assistance program located in this state.
(c) A group health, dental, or long-term disability coverage program provided by one or more service cooperatives:
(1) must rebid contracts for insurance and third-party administration at least every four years. The contracts may be regional or statewide in the discretion of the SC; and (2) may determine premiums for its health, dental, or long-term disability coverage individually for specific employers or may determine them on a pooled or other basis established by the SC. Subd. 8.Technical assistance.Service cooperatives shall, to the extent possible, make technical assistance for long-range planning available to school districts upon request and shall establish a common database for local and regional decision making.
Subd. 9.Financial support for the service cooperatives.(a) Financial support for SC programs and services shall be provided by participating members with private, state, and federal financial support supplementing as available. The SC board of directors may, in each year, for the purpose of paying any administrative, planning, operating, or capital expenses incurred or to be incurred, assess and certify to each participating school district, nonpublic school administrative unit, city, county, and other governmental unit its proportionate share of all expenses. This share shall be based upon the extent of participation by each school district, nonpublic school administrative unit, city, county, or other governmental unit and shall be in the form of a service fee. Each participating school district, nonpublic school administrative unit, city, county, or other governmental unit shall remit its assessment to the SC board as provided in the SC bylaws. The assessments shall be paid within the maximum levy limitations of each participating member. No participating member shall have any additional liability for the debts or obligations of the SC except that assessment which has been certified as its proportionate share and any other liability the member assumes under section 123A.24, subdivisions 1 and 2.
(b) Any property acquired by the SC board is public property to be used for essential public and governmental purposes which shall be exempt from all taxes and special assessments levied by a city, county, state, or political subdivision thereof. If the SC is dissolved, its property must be distributed to the members at the time of the dissolution.
(c) A member may elect to withdraw participation in the SC by a majority vote of its full board membership and upon compliance with the applicable withdrawal provisions of the SC organizational agreement. The withdrawal shall be effective on the June 30 following receipt by the board of directors of written notification of the withdrawal by February 1 of the same year. Notwithstanding the withdrawal, the proportionate share of any expenses already certified to the withdrawing member for the SC shall be paid to the SC board.
(d) The SC is a public corporation and agency and its board of directors may make application for, accept, and expend private, state, and federal funds that are available for programs of the members. (e) The SC is a public corporation and agency and as such, no earnings or interests of the SC may inure to the benefit of an individual or private entity.
Subd. 10.Annual meeting.Each SC shall conduct a meeting at least annually for its members. Official Publication of the State of Minnesota
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Subd. 11.Joint Powers Act.Nothing in this section shall restrict the authority granted to school district boards of education by section 471.59.
Subd. 12.Health coverage pool comparison shopping.(a) Service cooperatives must permit school districts and other political subdivisions participating in a service cooperative health coverage pool to solicit bids and other information from competing sources of health coverage at any time other than within five months prior to the end of a master agreement.
(b) A service cooperative must not impose a fine or other penalty against an enrolled entity for soliciting a bid or other information during the allowed period. The service cooperative may prohibit the entity from participating in service cooperative coverage for a period of up to one year, if the entity leaves the service cooperative pool and obtains other health coverage.
(c) A service cooperative must provide each enrolled entity with the entity's monthly claims data. This paragraph applies notwithstanding section 13.203.
History: 1Sp1995 c 3 art 9 s 25; 1998 c 397 art 5 s 97,104; art 11 s 3; 1998 c 398 art 5 s 55; 2006 c 255 s 72,73; 1Sp2017 c 5 art 12 s 22
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471.59 JOINT EXERCISE OF POWERS.
Subdivision 1.Agreement.(a) Two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. (b) The term "governmental unit" as used in this section includes every city, county, town, school district, service cooperative under section 123A.21, independent nonprofit firefighting corporation, other political subdivision of this or another state, another state, federally recognized Indian Tribe, the University of Minnesota, the Minnesota Historical Society, historic preservation corps under paragraph (c), nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities and extended employment providers that are certified by the commissioner of employment and economic development, day and supported employment services licensed under chapter 245D, and any agency of the state of Minnesota or the United States, and includes any instrumentality of a governmental unit. For the purpose of this section, an instrumentality of a governmental unit means an instrumentality having independent policy-making and appropriating authority.
(c) For purposes of this section, "historic preservation corps" means a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code that provides on-the-job training and workforce development skills to youth and young adults by engaging them in repairing and maintaining historic structures, buildings, and sites. Historic preservation corps are governmental units for the purposes of this section and have the rights and liabilities available under this section.
Subd. 1a.Liability.(a) A governmental unit participating in a joint venture or joint enterprise, including participation in a cooperative activity undertaken pursuant to this section or other law, is not liable for the acts or omissions of another governmental unit participating in the joint venture or joint enterprise, unless the participating governmental unit has agreed in writing to be responsible for the acts or omissions of another participating governmental unit.
(b) For purposes of determining total liability for damages, the participating governmental units and the joint board, if one is established, are considered a single governmental unit and the total liability for the participating governmental units and the joint board, if established, shall not exceed the limits on governmental liability for a single governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as waived or extended by the joint board or all participating governmental units under section 3.736, subdivision 8; 466.06; or 471.981. This paragraph does not protect a governmental unit from liability for its own independent acts or omissions not directly related to the joint activity. (c) If a participating governmental unit has procured or extended insurance coverage pursuant to section
3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on governmental liability under section 3.736 or 466.04, subdivision 1, covering participation in the joint venture or joint enterprise, the procurement of that insurance constitutes a waiver of the limits of governmental liability for that governmental unit to the extent that valid and collectable insurance or self-insurance, including, where applicable, proceeds from the Minnesota Guarantee Fund, exceeds those limits and covers that governmental unit's liability for the claim, if any.
Subd. 2.Agreement to state purpose.Such agreement shall state the purpose of the agreement or the power to be exercised and it shall provide for the method by which the purpose sought shall be accomplished or the manner in which the power shall be exercised. When the agreement provides for use of a joint board, Official Publication of the State of Minnesota
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the board shall be representative of the parties to the agreement. A joint board that is formed for educational purposes may conduct public meetings via interactive television if the board complies with chapter 13D in each location where board members are present. Irrespective of the number, composition, terms, or qualifications of its members, such board is deemed to comply with statutory or charter provisions for a board for the exercise by any one of the parties of the power which is the subject of the agreement. Subd. 3.Disbursement of funds.The parties to such agreement may provide for disbursements from public funds to carry out the purposes of the agreement. Funds may be paid to and disbursed by such agency as may be agreed upon, but the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the agreement. Contracts let and purchases made under the agreement shall conform to the requirements applicable to contracts and purchases of any one of the parties, as specified in the agreement. Strict accountability of all funds and report of all receipts and disbursements shall be provided for.
Subd. 4.Termination of agreement.Such agreement may be continued for a definite term or until rescinded or terminated in accordance with its terms.
Subd. 5.Shall provide for distribution of property.Such agreement shall provide for the disposition of any property acquired as the result of such joint or cooperative exercise of powers, and the return of any surplus moneys in proportion to contributions of the several contracting parties after the purpose of the agreement has been completed.
Subd. 6.Residence requirement.Residence requirements for holding office in any governmental unit shall not apply to any officer appointed to carry out any such agreement. Subd. 7.Not to affect other acts.This section does not dispense with procedural requirements of any other act providing for the joint or cooperative exercise of any governmental power. Subd. 8.Services performed by county, commonality of powers.Notwithstanding the provisions of subdivision 1 requiring commonality of powers between parties to any agreement the board of county commissioners of any county may by resolution enter into agreements with any other governmental unit as defined in subdivision 1 to perform on behalf of that unit any service or function which that unit would be authorized to provide for itself.
Subd. 9.Exercise of power.For the purposes of the development, coordination, presentation and evaluation of training programs for local government officials, governmental units may exercise their powers under this section in conjunction with organizations representing governmental units and local government officials.
Subd. 10.Services performed by governmental units; commonality of powers.Notwithstanding the provisions of subdivision 1 requiring commonality of powers between parties to any agreement, the governing body of any governmental unit as defined in subdivision 1 may enter into agreements with any other governmental unit to perform on behalf of that unit any service or function which the governmental unit providing the service or function is authorized to provide for itself. If the agreement has the effect of eliminating or replacing a public employee who is part of a collective bargaining agreement represented by an exclusive representative, and there is no provision in the collective bargaining agreement detailing the effect of the action on the affected public employee, negotiations on the effects to the employee of the job elimination or restructuring must be conducted between the exclusive representative and the employer. Subd. 11.Joint powers board.(a) Two or more governmental units, through action of their governing bodies, by adoption of a joint powers agreement that complies with the provisions of subdivisions 1 to 5, Official Publication of the State of Minnesota
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may establish a joint board to issue bonds or obligations under any law by which any of the governmental units establishing the joint board may independently issue bonds or obligations and may use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued. A joint board established under this section may issue obligations and other forms of indebtedness only in accordance with express authority granted by the action of the governing bodies of the governmental units that established the joint board. Except as provided in paragraphs (b) and (c), the joint board established under this subdivision must be composed solely of members of the governing bodies of the governmental unit that established the joint board. A joint board established under this subdivision may not pledge the full faith and credit or taxing power of any of the governmental units that established the joint board. The obligations or other forms of indebtedness must be obligations of the joint board issued on behalf of the governmental units creating the joint board. The obligations or other forms of indebtedness must be issued in the same manner and subject to the same conditions and limitations that would apply if the obligations were issued or indebtedness incurred by one of the governmental units that established the joint board, provided that any reference to a governmental unit in the statute, law, or charter provision authorizing the issuance of the bonds or the incurring of the indebtedness is considered a reference to the joint board. (b) Notwithstanding paragraph (a), one school district, one county, and one public health entity, through action of their governing bodies, may establish a joint board to establish and govern a family services collaborative under section 124D.23. The school district, county, and public health entity may include other governmental entities at their discretion. The membership of a board established under this paragraph, in addition to members of the governing bodies of the participating governmental units, must include the representation required by section 124D.23, subdivision 1, paragraph (a), selected in accordance with section 124D.23, subdivision 1, paragraph (c).
(c) Notwithstanding paragraph (a), counties, school districts, and mental health entities, through action of their governing bodies, may establish a joint board to establish and govern a children's mental health collaborative under sections 245.491 to 245.495, or a collaborative established by the merger of a children's mental health collaborative and a family services collaborative under section 124D.23. The county, school district, and mental health entities may include other entities at their discretion. The membership of a board established under this paragraph, in addition to members of the governing bodies of the participating governmental units, must include the representation provided by section 245.493, subdivision 1. Subd. 12.Joint exercise of police power.In the event that an agreement authorizes the exercise of peace officer or police powers by an officer appointed by one of the governmental units within the jurisdiction of the other governmental unit, an officer acting pursuant to that agreement has the full and complete authority of a peace officer as though appointed by both governmental units and licensed by the state of Minnesota, provided that:
(1) the peace officer has successfully completed professionally recognized peace officer preemployment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer preemployment education; and
(2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located. Subd. 12a.Joint exercise of police power; employees.If an agreement, merger, or consolidation authorizes the exercise of peace officer or police powers by an officer appointed by one of the governmental units within the jurisdiction of the other governmental unit, a peace officer or public safety dispatcher, working pursuant to or as a result of that agreement, merger, or consolidation, must receive credit for accumulated vacation and sick leave time earned within the governmental unit employing the peace officer Official Publication of the State of Minnesota
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or public safety dispatcher immediately preceding the agreement, merger, or consolidation. If a peace officer or public safety dispatcher working pursuant to an agreement, merger, or consolidation becomes employed by the new entity, that peace officer or public safety dispatcher is considered to have begun employment with the new entity on the first day of employment by the governmental unit employing the peace officer or public safety dispatcher immediately preceding the creation of the new entity and must be credited with all previously accumulated vacation and sick leave time. Subd. 12b.Correctional officers.If there is an agreement, merger, or consolidation between two or more local correctional or detention facilities, a correctional officer who becomes employed by a new entity created by the agreement, merger, or consolidation must receive credit for accumulated vacation and sick leave time earned by the correctional officer during the officer's employment with a governmental unit immediately preceding the creation of the new entity. If a correctional officer working pursuant to an agreement, merger, or consolidation becomes employed by the new entity, the correctional officer is considered to have begun employment with the new entity on the first day of employment with the governmental unit employing the correctional officer immediately preceding the creation of the new entity and must be credited with all previously accumulated vacation and sick leave time. Subd. 13.Joint powers board for housing.(a) For purposes of implementing a federal court order or decree, two or more housing and redevelopment authorities, or public entities exercising the public housing powers of housing and redevelopment authorities, may by adoption of a joint powers agreement that complies with the provisions of subdivisions 1 to 5, establish a joint board for the purpose of acquiring an interest in, rehabilitating, constructing, owning, or managing low-rent public housing located in the metropolitan area, as defined in section 473.121, subdivision 2, and financed, in whole or in part, with federal financial assistance under Section 5 of the United States Housing Act of 1937. The joint board established pursuant to this subdivision shall:
(1) be composed of members designated by the governing bodies of the governmental units which established such joint board and possess such representative and voting power provided by the joint powers agreement;
(2) constitute a public body, corporate, and politic; and (3) notwithstanding the provisions of subdivision 1, requiring commonality of powers between parties to a joint powers agreement, and solely for the purpose of acquiring an interest in, rehabilitating, constructing, owning, or managing federally financed low-rent public housing, possess all of the powers and duties contained in sections 469.001 to 469.047 and, if at least one participant is an economic development authority, sections 469.090 to 469.1081, except (i) as may be otherwise limited by the terms of the joint powers agreement; and (ii) a joint board shall not have the power to tax pursuant to section 469.033, subdivision 6, or 469.107, nor shall it exercise the power of eminent domain. Every joint powers agreement establishing a joint board shall specifically provide which and under what circumstances the powers granted herein may be exercised by that joint board.
(b) If a housing and redevelopment authority exists in a city which intends to participate in the creation of a joint board pursuant to paragraph (a), such housing and redevelopment authority shall be the governmental unit which enters into the joint powers agreement unless it determines not to do so, in which event the governmental entity which enters into the joint powers agreement may be any public entity of that city which exercises the low-rent public housing powers of a housing and redevelopment authority. Official Publication of the State of Minnesota
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(c) A joint board shall not make any contract with the federal government for low-rent public housing, unless the governing body or bodies creating the participating authority in whose jurisdiction the housing is located has, by resolution, approved the provision of that low-rent public housing. (d) This subdivision does not apply to any housing and redevelopment authority, or public entity exercising the powers of a housing and redevelopment authority, within the jurisdiction of a county housing and redevelopment authority which is actively carrying out a public housing program under Section 5 of the United States Housing Act of 1937. For purposes of this paragraph, a county housing and redevelopment authority is considered to be actively carrying out a public housing program under Section 5 of the United States Housing Act of 1937, if it (1) owns 200 or more public housing units constructed under Section 5 of the United States Housing Act of 1937, and (2) has applied for public housing development funds under Section 5 of the United States Housing Act of 1937, during the three years immediately preceding January 1, 1996.
(e) For purposes of sections 469.001 to 469.047, "city" means the city in which the housing units with respect to which the joint board was created are located and "governing body" or "governing body creating the authority" means the council of such city.
History: 1943 c 557; 1949 c 448 s 1-3; 1961 c 662 s 1,2; 1965 c 744 s 1-3; 1973 c 123 art 5 s 7; 1973 c 541 s 1; 1975 c 134 s 1,2; 1980 c 532 s 2; 1982 c 507 s 27; 1983 c 342 art 8 s 15; 1984 c 495 s 1; 1986 c 465 art 2 s 15; 1990 c 572 s 14; 1991 c 44 s 3; 1996 c 412 art 3 s 35; 1996 c 464 art 1 s 1; 1996 c 471 art 3 s 39; 1997 c 203 art 5 s 24; 1998 c 397 art 11 s 3; 1999 c 214 art 2 s 17; 2001 c 7 s 78; 1Sp2003 c 14 art 7 s 83; art 11 s 11; 2005 c 9 s 2; 2006 c 232 s 3; 2007 c 43 s 1; 2009 c 59 art 4 s 6; art 5 s 14; 2010 c 193 s 1; 2010 c 347 art 1 s 26; 2013 c 108 art 9 s 12; 1Sp2019 c 11 art 6 s 5; 1Sp2021 c 1 art 4 s 3 Official Publication of the State of Minnesota
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REGION FIVE SERVICE COOPERATIVE BYLAWS
Public Corporation and Agency Name: SOURCEWELL
ARTICLE I
CORPORATE ESTABLISHMENT AND CORPORATE NAME
Section 1. Establishment and Name. Region Five Service Cooperative is established by law as a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling statutes provided for by the Minnesota Legislature in Minn. Stat.§ 123A.21. The name of this local government unit, public corporation and public agency, and statutory service cooperative is Sourcewell. All exercise of statutory authority, conduct of business, establishment of policies, administration of services and programs, and execution of legal documents shall be done in the corporate name, as herein established, in accordance with law and as provided for in these bylaws from the date of final adoption.
Section 2. Prior Name. Prior to adoption of these bylaws, Region Five Service Cooperative was formerly known as National Joint Powers Alliance (NJPA) and has also been historically known as Educational Cooperative Service Unit 5 and North Central Service Cooperative. All contractual and other legal obligations incurred under a prior legal name may continue in that name, but shall bind Sourcewell. Any renewal of a contractual or other legal obligation shall be made in the name Sourcewell.
Section 3. Existing Members. All Members defined by Article VI, whether Voting or Service Members, who joined Region Five Service Cooperative (Sourcewell, f/k/a NJPA, ECSU 5, NCSC) prior to the adoption of these bylaws shall retain membership status B.14.c
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 unless or until modified or terminated in accordance with the terms and conditions contained in these bylaws.
ARTICLE II
GEOGRAPHICAL BOUNDARIES AND ELECTORAL DISTRICTS
Section 1. Boundaries. Pursuant to Minn. Stat. § 123A.21 Subd. 1, the geographical boundaries of Region Five Service Cooperative (Sourcewell) encompass the entirety of the Counties of Cass, Crow Wing, Morrison, Todd, and Wadena in Minnesota. Sourcewell may, in accordance with law, establish operational locations outside the geographic boundaries of Region Five in furtherance of programs, products, services or solutions authorized by law and these bylaws.
Section 2. Electoral Districts. For purposes of elections conducted pursuant to Article XII of these bylaws, the Sourcewell Board of Directors may establish electoral districts within the geographical boundaries of Region Five by majority decision. Electoral districts shall be established in a manner intended to reasonably ensure proportional representation on the Sourcewell Board of Directors. In establishing electoral districts, the Board of Directors may distinguish between elections for school board representatives and non-school board representatives. Once established, electoral districts shall be reviewed annually by the Board of Directors no later than thirty (30) days prior to the opening of nominations for election. The Board of Directors may, in its sole discretion, confirm, modify or eliminate electoral districts from time-to-time in accordance with law and these bylaws.
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 ARTICLE Ill
LEGAL ADDRESS AND SERVICE OF PROCESS
Section 1. Address. The legal address of Sourcewell is:
Sourcewell
202 12th Street Northeast
P.O. Box 219
Staples, Minnesota 56479
The primary legal offices of Sourcewell shall be located at this address.
Section 2. Service of Process. Service of process shall be made in accordance with the procedural rules governing the action initiated by the pleadings or papers served. The Executive Director, or designee, may accept service of process in any manner allowed by the procedural rules governing the action initiated by the pleadings or papers served.
ARTICLE IV
FISCAL YEAR AND AUDITS
Section 1. Fiscal Year. The fiscal year for Sourcewell shall commence on July 1 st and end on June 30th of each year.
Section 2. Audits. Sourcewell shall conduct annual audits pursuant to Minnesota law and in accordance with recognized best accounting practices.
ARTICLE V
PUBLIC PURPOSE
Section 1. Purpose. Consistent with Minn. Stat. § 123A.21 Subd. 2, the primary purpose of Sourcewell is to provide statutorily authorized programs, products, services, and solutions to assist in meeting the specific needs of members which they may not be able to provide for themselves alone. Sourcewell shall provide programs, products, services, and solutions which are determined to meet priority needs of its members and
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 shall assist in meeting special needs which arise from fundamental constraints upon individual members. No earnings or interest of the Sourcewell may inure to the primary benefit of any individual person or private entity.
ARTICLE VI
MEMBERSHIP AND PARTICIPATION
Section 1. Two Forms of Membership; Participation. Pursuant to Minnesota Statute §123A.21, subdivision 2, membership in Sourcewell shall take two (2) forms: (i) Full voting Governance members (hereinafter referred to as "Voting Members"); and (ii) Participant Service members (hereinafter referred to as "Service Members"). Additionally, pursuant to Minnesota Statutes §123A.21, subdivision 5(g) & U) and §471.59, Sourcewell may allow and provide for non-member Participating Entities (hereinafter "Participating Entities").
Section 2. Voting Members. Voting Members are those school districts, cities, counties, and other governmental units located within the geographic boundaries of Region Five who have chosen to initiate voting membership in Sourcewell in accordance with Section 4 of this Article for purposes of obtaining governance rights and participation in and access to programs, products, services, and solutions provided by Sourcewell.
Section 3. Service Members. Service Members are school districts, cities, counties, and other governmental units, as well as nonpublic school administrative units and nonprofit agencies or organizations, regardless of geographic location, who have chosen to initiate membership in Sourcewell in accordance with Section 4 of this Article for purposes of participating in and receiving programs, products, services and solutions provided by Sourcewell. Service Members do not have governance rights, do not incur
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 the obligations of Voting Members, do not incur any of Sourcewell's corporate liability, and are not entitled to distribution of assets upon dissolution.
Section 4. Participating Entities. A Participating Entity is any public or private agency, institution, postsecondary educational institution, nonprofit corporation, business, industry or governmental unit, as defined by Minnesota Statutes§ 471.59, that may not otherwise strictly qualify for membership. Participating Entities do not have governance rights, do not incur the obligations of Voting Members and do not incur any of Sourcewell's corporate liability, and are not entitled to distribution of assets upon dissolution.
Section 5. Initiating Membership and Participation. Membership or participation in Sourcewell is initiated as follows:
a.Voting Membership. Any qualifying potential voting member may join Sourcewell by forwarding a duly adopted resolution of its governing body to the attention of the Executive Director by hand-delivery, e-mail, or U.S. mail. Upon receipt of such resolution, and appropriate and proper verification of the same, the Executive Director of Sourcewell shall cause the resolution to be placed on the agenda of the next regular meeting of the Sourcewell Board of Directors for consideration and approval, provided that such approval shall not be unreasonably withheld. The effective date of voting membership shall be the date of approval by the Sourcewell Board of Directors of the resolution initiating membership.
b.Service Membership and Participation. Any qualifying potential Service Member or Participating Entity may join Sourcewell by complying with the service membership or participation policy or policies established by majority
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 vote of the Sourcewell Board of Directors for purposes of accessing programs, products, services and solutions provided by Sourcewell.
Section 6. Membership and Participation Policies. Consistent with these bylaws, the Sourcewell Board of Directors may, by majority vote, establish policies and procedures governing terms and conditions of membership for Voting Members, Service Members, and Participating Entities. With respect to each program, product, service or solution, the Sourcewell Board of Directors may, by majority vote, establish policies and procedures regulating access to such programs, products, services and solutions, including the cost thereof. Voting Members shall be eligible to access and participate in, and may not be excluded from, any program, product, service or solution offered by Sourcewell, unless otherwise prohibited by law. With respect to Service Members and Participating Entities, the Sourcewell Board of Directors may differentiate policies on the basis of need, geography, particular membership constituencies, or any combination thereof.
Participation in programs, products, services and solutions is discretionary as to all Members and Participating Entities.
Section 7. Withdrawal from Membership. Members may withdraw from membership as follows:
a.Voting Member Withdrawal. A Voting Member may withdraw its membership from Sourcewell by a duly adopted resolution of its governing board and upon compliance with any Membership Agreement or applicable membership policies. The withdrawal shall be effective on June 3Q1h following receipt of the member's withdrawal resolution by e-mail, hand-delivery, and/or U.S. mail. Any
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 such withdrawal is subject to these bylaws, and any terms and conditions of membership established by contract or policy existing at the time of withdrawal. b.Service Member and Participating Entity Withdrawal. Service Members and Participating Entities may withdraw from Sourcewell in accordance with the policies established by the Sourcewell Board of Directors. Any such withdrawal is subject to these bylaws, and any terms and conditions established by contract or policy existing at the time of withdrawal. No withdrawing Service Member or Participating Entity is entitled to a distribution of any assets or other payment because of withdrawal.
c.Obligations of Voting Members Upon Withdrawal. Upon withdrawal, a Voting Member is obligated for the share of expenses (if any) already certified to the withdrawing member for the fiscal year in which withdrawal occurs, as well as a pro-rated refund of any amounts paid toward general operations and overhead for the same fiscal year. If the certified expenses exceed the pro rated refund, the withdrawing member is obligated to pay the difference. In no event shall a withdrawing Voting Member be entitled to a refund greater than the amount paid in for the fiscal year in which withdrawal occurs. In no event shall a withdrawing Voting Member be entitled to a refund of any amounts paid during prior fiscal years. No withdrawing Voting Member shall be entitled to a distribution of any assets.
d.Dissolution. Upon dissolution, only Voting Members existing at the time of dissolution are responsible for any proportionate share of expenses and entitled asset distributions, as provided by Minnesota Statutes §123A.21,
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DocuSign Envelope ID: EE8C07D1-4FE3-4B22-93E9-CBFEB6482216 subdivision 9, and §123A.24, subdivisions 1 and 2, as may annually be allowed or assessed by Sourcewell's Board of Directors.
ARTICLE VII
FINANCIAL SUPPORT FROM VOTING MEMBERS
Section 1. Financial Support. Financial support for operational and capital expenses and programs, products, services and solutions shall first be provided from revenue generating operations, as well as any supplementing private, state, or federal financial support as may be available. The Sourcewell Board of Directors may, in each fiscal year, for the purpose of meeting all or a portion of estimated operational and capital expenses, assess and certify to each Voting Member, their proportionate share of such projected expenses. To the extent practicable, this share shall be based upon the extent of participation by each Voting Member and shall take the form of an annual service fee.
Each Voting Member shall remit its assessment to the Board of Directors as determined by the Board of Directors. Any certified and assessed fee shall not cause a Voting Member to exceed its maximum levy limitations set forth by law for the applicable fiscal year. Nothing in this section shall require the Board of Directors to certify and assess fees in any given fiscal year.
Section 2. Service Contracts. Nothing in this section shall limit the ability of the Board of Directors to enter or authorize contracts for purposes of delivering services or shared services and negotiating reasonable contractual costs for the same separately with Voting Members.
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ARTICLE VIII
RIGHTS AND OBLIGATIONS OF MEMBERS
Section 1. Rights and Obligations of Voting Members. Voting Members are entitled to nominate eligible persons to serve on the Sourcewell Board of Directors. Voting Members are eligible to participate in elections for Board of Directors. Voting Members are responsible for any proportionate share of expenses and are entitled to asset distributions upon dissolution. Except as may otherwise be provided by law, at their discretion, Voting Members are entitled to participate in programs, products, services and solutions provided by Sourcewell without limitation, but subject to the terms and conditions of participation established by policy or policies of the Board of Directors.
Section 2. Rights and Obligations of Service Members and Participating Entities.
Service Members and Participating Entities shall not nominate anyone to serve on the Sourcewell Board of Directors. Service Members and Participating Entities may not vote in elections or on any matters of Sourcewell governance. Service Members and Participating Entities are not responsible for any proportionate share of expenses and are not entitled to asset distributions upon dissolution. Participation in programs, products, services and solutions by Service Members and Participating Entities may be limited by the terms and conditions of applicable contracts and Sourcewell policies.
ARTICLE IX
GOVERNANCE
Section 1. Governing Board. The care, management, and control of Sourcewell shall be vested in a Board of Directors, composed of eight (8) members elected by the Voting Members, in accordance with law and these bylaws. Six (6) directors of the Board of
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DocuSign Envelope ID: EE8C0701-4FE3-4822-93E9-CBFEB6482216 Directors shall be current school board members from school districts which are also Voting Members of Sourcewell located within Region Five. Two (2) directors of the Board of Directors shall be individuals from the current governing bodies of cities, counties, and other governmental units as defined in Minn. Stat. § 471.59, which are also Voting Members of Sourcewell located within Region Five.
Section 2. Ex Officio Members to the Board. The Sourcewell Board of Directors may, at its discretion, appoint up to three (3) individuals to its Board of Directors as nonvoting ex officio members for purposes of advisory participation from a cross section of Voting Members. If one (1) such individual is appointed, then the individual shall be a current Superintendent from a Voting Member school district. If two (2) such members are appointed, then one (1) shall be a current Superintendent from a Voting Member school district and one (1) shall be a current Administrator of a city, county, or other governmental unit as defined in Minn. Stat. § 123A.21, which is also a current Voting Member. If three (3)such members are appointed, then two (2) shall be current Superintendents from Voting Member school districts and one (1) shall be a current Administrator of a city, county, or other governmental unit as defined in Minn. Stat. § 471.59, which is also a Voting Member. The term of any appointed ex officio, nonvoting member shall be two (2) years.
Section 3. Representative Assembly. A Representative Assembly is created as provided in this section. The Sourcewell Representative Assembly purpose is to increase the representative input of Voting Members in the development of programs, products, services, and solutions offered by Sourcewell. Each Voting Member shall be entitled to select two (2) current members of its governing body to serve on the Representative
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Assembly. Appointment shall be made by the governing board of the Voting Member and shall be communicated to the Sourcewell Executive Director on an annual basis. Each Voting Member governing body may designate alternates for each representative on the Representative Assembly and notify the Executive Director of the alternates. The Board of Directors Chairperson and the Clerk to the Board of Directors shall serve as chairperson and clerk to the Representative Assembly.
ARTICLE X
THE REPRESENTATIVE ASSEMBLY MEETINGS AND
ANNUAL REPORT AND PLAN
Section 1. Meetings. The Representative Assembly shall meet at least once per year.
Such meetings are intended to meet the requirements of Minn. Stat. § 123A.21, Subd.
10.An agenda shall be sent to each Voting Member at least ten (10) days prior to the annual meeting. All matters to be acted thereon shall be submitted in writing to the Sourcewell Executive Director no later than fifteen (15) days prior to such meeting. To the extent practicable, matters submitted in the form of a resolution shall appear on the agenda in the form prepared and proposed. All actions of the Representative Assembly shall be final upon subsequent ratification and approval by the Sourcewell Board of Directors.
Section 2. Annual Report and Plan. Consistent with Minn. Stat. § 123A.21, Subd. 5(i) and 7, the Board of Directors shall submit an annual report and plan to the Voting Members by September 1 51 . The report and plan should contain an evaluation of the effectiveness of programs, products, services, and solutions provided to Voting Members during the preceding fiscal year. The report and plan may identify the programs, products,
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 services, and solutions which are recommended for implementation during the following year and may contain components of long-term planning. As often as practicable, the Annual Report shall be prepared and submitted in conjunction with a meeting of the Representative Assembly.
ARTICLE XI
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers of the Board. The Sourcewell Board of Directors has all powers provided for by law, including but not limited to, the authority to:
a.Exercise all powers enumerated in Minn. Stat. § 123A.21, specifically, Minn.
Stat. § 123A.21, Subd. 7;
b.Delegate to the Sourcewell Executive Director, or his or her designee, all powers, authority, responsibilities and duties as it deems necessary and proper;
c.Provide adequate office, service center, and administrative facilities by lease, purchase, gift, or otherwise;
d.Establish an annual budget for each fiscal year;
e.Approve the use of administrative fees for any purpose allowed by law; f.Certify and assess fees in accordance with law and these bylaws; g.Hire an Executive Director, set compensation and provide employment benefits to the same;
h.Employ personnel as necessary to support general operations and the programs, products, services, and solutions offered by Sourcewell and to set compensation and provide employment benefits to the same;
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DocuSign Envelope ID: EE8C0701 -4FE3-4B22-93E9-CBFEB6482216 i.Make application for, accept, and expend private, state, and federal funds that are available for programs of the members;
j.Accept gifts and donations for the benefit of the public corporation and agency, subject to limitations imposed by law;
k.To acquire real and personal property for the benefit of this public corporation and agency and its members;
I.To prosecute, defend or settle all actions and claims in courts of law and other legal forums;
m.To appoint special advisory committees composed of superintendents, central office personnel, building principals, teachers, parents, laypersons, and representatives from cities, counties and other government agencies; n.To enter into contracts with school boards of local education agencies, including school districts outside of the geographic boundaries of Region Five; o.To enter into joint powers contracts and relationships with other qualifying entities in Minnesota and throughout the United States; p.To enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed upon programs and services;
q.To establish cooperative, working relationships, and partnerships with post secondary educational institutions, other public agencies, business, and industry and may appoint special and advisory committee representative of these partners;
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 r.To procure insurance against liability of the public corporation and agency, as well as its directors, officers, employees, and agents. s.To join governmental, joint powers, pooled risk organizations, as provided for by Minn. Stat. § 471.59;
t.To employ qualified professionals, including but not limited to, attorneys, accountants, and other consultants;
u.To select advisory councils or committees to give advice and counsel to the Board of Directors comprised of representatives from public and non-public schools, cities, counties, and other governmental units, as well as representatives from strategic business partners.
v.To the extent possible, make technical assistance for long term planning available to Voting Member government agencies upon request and shall establish a common base for local and regional decision-making.
Section 2. Duties of the Board. The Board of Directors shall exercise all powers in a manner necessary to carry out all duties imposed upon it by law.
Section 3. No Limitation on Authority. Article XI shall not be construed as a limitation on any authority of the Board of Directors provided by law.
Section 4. Contracting Authority; Delegation. The Board of Directors is the contracting authority for Sourcewell. This authority may be delegated in accordance with Minnesota law.
ARTICLE XII
ELECTIONS OF THE BOARD OF DIRECTORS
Section 1. Terms of Office; Vacancies. Members of the Sourcewell Board of Directors
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 are elected to four (4) year terms. A schedule of terms of office for each director seat shall be maintained at the legal offices for Sourcewell and be available for public inspection.
Members shall begin their term in February following the election and qualification to office, and shall serve until a successor is elected and qualified. A vacancy on the Board of Directors which results in an unexpired term may be filled by appointment of the Board of Directors. The duration of any such appointment shall be until the next annual election during which the seat is scheduled for election. An election, following appointment, shall be for the unexpired term of office and no vacancy filled by appointment shall cause any established term of office to be extended.
Section 2. Nominations for Candidacy. Nominations for candidacy must be filed with the Sourcewell Executive Director no more than forty-five (45) days, nor less than twenty (20)days, prior to the announced election at which any director is to be elected to the Board of Directors. Each candidate shall be nominated by a petition signed by a majority of the governing body of the Voting Member. All persons nominated must be currently elected officials. The petition shall identify the Voting Member entity from which a candidate has been nominated, the name of the candidate, and a brief description of the candidate's background, experience, and qualifications.
Section 3. Timing and Administration of Elections. Elections shall occur annually after the second Tuesday in November, but no later than January 151h , provided that only two (2)seats shall be up for election at once. The Board of Directors shall cause the election ballots to be printed for election to the Board of Directors and cause the ballots to be delivered to Voting Members no later than ten (10) days before the election.
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Section 4. Election of School Board Directors. The six (6) school board directors shall be elected as follows from each of the three (3) school district electoral districts established within the geographic boundaries of region five pursuant to Article II. Every current school board member from Voting Member school districts is eligible to vote in elections occurring within their appropriate and respective electoral district.
Section 5. Election of Non-School Board Directors. Each Voting Member that is a city, county, or other governmental unit as defined in Minn. Stat. § 471.59, may nominate elected officials from its governing body to serve on the Sourcewell Board of Directors.
Each nomination shall be by majority vote of the governing body of the Voting Member.
The governing body of every non-school board Voting Member is entitled to cast one (1) organizational vote in elections occurring within their appropriate and respective electoral district.
Section 6. Qualification to Board. All voting directors shall remain publicly elected officials from within the geographic boundaries of Region Five. Should any voting director lose his or her elected position for any reason, then a vacancy shall immediately occur and shall be filled in accordance with law and these bylaws.
ARTICLE XIII
MEETINGS OF THE BOARD OF DIRECTORS
Section 1. Organizational Meeting. Each year following elections and upon qualification of new directors to office, at the call of the Sourcewell Executive Director, the Sourcewell Board of Directors shall meet and hold an organizational meeting. At the organizational meeting, the following business shall be conducted:
a)Canvass election results and approve election certificates;
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DocuSign Envelope ID: EE8C0701-4FE3-4822-93E9-CBFEB6482216 b)Elect a chairperson; a vice-chairperson; a clerk, and a treasurer (officers of the Board of Directors). To the extent practicable, no two (2) directors shall be from the same Voting Member governing body;
c)Elect a chairperson; a vice-chairperson; a clerk, and a treasurer (officers of the Board of Directors). To the extent practicable, no two (2) directors shall be from the same Voting Member governing body;
d)Make committee appointments;
e)Appoint ex offico, nonvoting directors as provided for in Article IX, Section 2; f)Set board compensation, mileage reimbursement, and per diem rates; g)Set a schedule of regular meetings;
h)Set any timelines required by law, these bylaws, or as the board shall deem practical and expedient;
i)Designate official depositories;
j)Designate the official newspaper, provided that the organizational website shall be used whenever legally permissible and sufficient;
k)Designate a chief procurement official;
I)Designate legal counsel;
m)Designate an auditor;
n)Authorize electronic, digital, or facsimile signatures; o)Authorize and delegate legal representative duties;
p)Establish, confirm, review, or modify electoral districts; and q)The Board of Directors shall also conduct any other necessary organizational business.
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 The minutes of the organizational meeting may be duly approved at any subsequent regular meeting of the Board of Directors.
Section 2. Meetings. The Board of Directors shall meet at the call of the chairperson or any three (3) members of the board. An electronic agenda shall be sent to each member at least five (5) days prior to the meeting of the board. Matters of emergency nature or practical urgency not on the agenda may be considered at the time of the meeting.
a)A quorum at any meeting with members of the board shall consist of a majority of the elected Board of Directors;
b)The order of business at the board meetings shall be as determined by the board;
c)The meetings of the board at which official action is taken shall be public meetings and no person shall be excluded therefrom; and d)To the extent practicable, the rules of parliamentary procedure in the latest edition of Robert's Revised Rules of Order shall govern the board and advisory committees and councils in their deliberations in all matters, except as otherwise provided in these bylaws. Rules may be amended at any meeting by a majority vote. The order of business may be suspended at any meeting by majority decision.
Section 3. Record of Proceedings. Meeting minutes of the Board of Directors shall be posted online to the Sourcewell website. The minutes of the preceding meeting shall be reviewed, corrected if necessary, and a copy of all motions and the names of the director(s) making and seconding motions shall be recorded.
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ARTICLE XIV
AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR
Section 1. Authority and Duties. The Sourcewell Board of Directors shall hire an Executive Director and such number of other personnel as may be deemed necessary.
The Board of Directors shall also fix the salary and conditions of employment of such officers, which may include reasonable and necessary expenses, vacation, and disability leave. The Sourcewell Executive Director shall, under the direction of the board, exercise the following responsibilities and duties:
a.Perform and exercise all duties, responsibilities and delegated to the Executive Director by the bylaws or by separate action of the Board of Directors; b.Act as secretary and executive officer of the Board of Directors; c.Attend all regular and special meetings of the Board of Directors when so required by the board and advise the board of all questions under consideration;
d.Serve as ex-officio member of all advisory committees or councils appointed by the Board of Directors;
e.Provide for the keeping of minutes of the Board of Directors meetings, recording all proceedings and official actions in a manner required by law and keeping such records as may be necessary;
f.Act as the custodian of records, reports, documents, correspondence, educational equipment and supplies, and other property and maintain inventories and indices thereof;
g.Act as the legal representative for state and federal programs;
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 h.Prepare and present the business to be acted upon at meetings of the board; i.Maintain supervisory custody of the funds of the board; J.Enter into all membership agreements and to extend annual renewals for contracts pending board consideration;
k.Write drafts against funds only for expenditures properly approved by the board;
I.As bonded by the board, make financial records of the board available at all times and submit them annually for audit;
m.Prepare and submit an itemized budget for approval by the Board of Directors; n.Promote through meetings, conferences, and electronic communication with government agency officials, teachers, parents, and the public generally, and by hard copy and electronic distribution of pamphlets, bulletins, newsletters and other materials, an active interest in all desirable types of public service and to suggest needed changes and improvements identified by member government agencies.
ARTICLE XV
CHIEF PROCUREMENT OFFICIAL
Section 1. Designation. The Sourcewell Board of Directors may, through policy or resolution, designate a chief procurement official to administer a cooperative purchasing and contracting program as authorized by Minn. Stat.§ 123A.21, Subd. 7(a)(23).
Section 2. Powers and Duties. Upon designation, the official is hereby designated to:
a.Competitively solicit contracts in categories called for by the Board of Directors; b.Award all competitively solicited contracts, without limitation;
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 c.In consultation with the Sourcewell Executive Director and General Counsel, propose and implement changes to the cooperative purchasing and contracting program intended to increase efficiency, regulatory compliance, and member value; and
d.Propose budgetary modifications necessary to meet member needs.
ARTICLE XVI
AMENDMENTS TO BYLAWS
Section 1. Process for Amending Bylaws. These bylaws may be amended by the affirmative vote of two-thirds of the members present at the Annual Meeting of the Representative Assembly, or by mail ballot, provided that the substance of the proposed amendments shall have been submitted in writing to each member at least ten (10) days prior to such vote.
Officially adopted by the Board of Directors January 12, 1978.
First Amendment approved May 29, 1990.
Second Amendment approved March 25, 1991.
Third Amendment approved April 27, 1992.
Fourth Amendment approved September 25, 1995.
Fifth Amendment approved September 28, 1998.
Sixth Amendment approved April 13, 2005.
Seventh Amendment approved April 14, 2010.
Eighth Amendment approved April 6, 2011.
Ninth Amendment approved April 10, 2013.
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DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Tenth Amendment approved April 13, 2016.
Eleventh Amendment approved April 11, 2018.
Twelfth Amendment approved on ________ , 2019
Chairman, Board of Directors
Cleri(.'-eoard of Directors
April 11
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• Article II. - Purchasing
• 3.06.200 - Authority, title, and purpose.
This article is authorized by Title 5, Division 2, Chapter 5, Article 7 of the California Government Code (Section 54201, et seq.) and shall be known as the "City of Hollister Purchasing ordinance." It shall govern all purchasing activity of the city except real property acqu isition and disposition, public works construction projects, and as may otherwise be specifically provided in this code. (Ord. 1035, § 2, 2008)
• 3.06.210 - Purchases in excess of twenty thousand dollars.
Except as otherwise directed by the city council, whe never the amount to be expended for any purchase whatsoever is in excess of $20,000.00, the department director shall advertise for sealed bids and the purchase contract shall be awarded to the lowest responsible bidder, except in the case of a local vendor whose bid meets the requirements of Section 3.06.245 herein and whose bid does not exceed five percent of the lowest responsible bidder; provided that the council shall have the authority to reject any and all bids. For purposes of this article, "lowest responsible bidder" means the bidder that submits the lowest bid and is capable of providing the supplies, property or services advertised. The bid request shall be published in a local newspaper describing the goods or services required, stating the date, time, and place as signed for the public opening of the bids. No bids will be received any time subsequent to the time advertised in the announcement. The department director shall submit a tabulation of bids to the city council, together with his or her recommendations for award to the lowest responsible bidder. Tangible items purchased in excess of $20,000.00 will be listed as capital assets on the city of Hollister property listing.
(Ord. 1035, § 2, 2008; Ord. 1088, § 2, 2012)
• 3.06.270 - Exceptions.
Exceptions to the compe titive bidding requirements are goods or services pertaining to, but not limited to, physicians, attorneys, appraisers, architects, engineers, auctioneers, consultants, arbitrators, designers, auditors, insurance, copyrighted materials, sole source items, gas, electricity, water, telephones, and cooperative purchasing with other governmental agencies, such as school districts, local, county, state or federal agencies, when it is to the advantage of the city to purchase from such other governmental agencies.
(Ord. 1035, § 2, 2008)
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Public Works
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-202, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH
THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE
MAINTENANCE OF SIGNAL LIGHTS
BRIEF DESCRIPTION: This resolution will authorize the Mayor to sign an agreement with CalTrans for the maintenance and operation of signal lights and street lights at various locations within the City of Hollister.
RECOMMENDATION: Adopt a resolution authorizing the Mayor to sign an agreement with CalTrans for the maintenance and operation of signal lights and street lights at various locations within the City of Hollister.
DEPARTMENT SUMMARY: The California Department of Transportation (Caltrans) owns several traffic signal lights and street lights within the City of Hollister (City) where our streets intersect with Caltrans right-of-way. Currently, some of these signal lights are under an old version of maintenance agreement and Caltrans is requesting that all of the signal lights in the City be enrolled in a new version.
The old agreements are 100/100 agreements, which means we pay for 100% of the cost for electricity and Caltrans pays 100% of the maintenance. The new agreements are 50/50, which means the City and Caltrans pay 50% each of the cost of electricity and both also pay 50% each for the cost of maintenance and repair. How these agreements work is Caltrans will enroll the lights in their PG&E agreements and will pay the electricity cost, they will then send us a quarterly bill for 50% of that cost. Caltrans will also schedule and perform any maintenance and repair activities on these signal lights and send the City a bill for 50% of those costs. Two of the signal lights are also cost shared with San Benito County, so we will only pay 25%.
Under the 50/50 agreement the electrical services will be taken over by the Caltrans, thus allowing them to manage the electrical utility accounts. Managing the accounts includes audits for lamp type updates that affect billing rates, and for service upgrades/rearrangements that may require account adjustments and/or closures. Also, moving the accounts into Caltrans’ name means they will be directly notified of planned service outages by PG&E. This is important as Caltrans electrical maintenance crews usually check the signal back-up battery system before the event and assess whether a generator should be in place during the planned outage.
The City is under no obligation to change to the new contract, but it will clean up the contracts so that they will all be the same and will be consistent with what other local agencies are doing in District 5.
FINANCIAL IMPACT: Approximately $3,500 total cost per year. The current budget has funds approved to cover these costs.
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CEQA: N/A
ATTACHMENTS:
1. Caltrans Signal Light Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-202
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER TO AUTHORIZE
THE MAYOR TO SIGN AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) FOR THE MAINTENANCE OF SIGNAL LIGHTS
WHEREAS, the City of Hollister (City) and the California Department of Transportation (Caltrans) have roadways that intersect at certain points in the City; and
WHEREAS, some of these intersecting roadways have traffic signals (Signals) and streetlights (Lights); and
WHEREAS, the cost of operating and maintaining these Signals and Lights is shared between City and Caltrans; and
WHEREAS, Caltrans is respectfully requesting a change in the cost sharing agreement between City and Caltrans from a 100/100 agreement to a 50/50 agreement; and
WHEREAS, the new agreement will benefit City by requiring Caltrans to schedule and perform maintenance, inspections, repairs, and pay electrical bills and then bill City for a portion of the cost.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve the Electrical Facilities Cost Sharing Agreement with the California Department of Transportation and authorizes Mayor Casey to sign the agreement.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-202, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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1 ELECTRICAL FACILITIES COST SHARING AGREEMENT
WITH CITY OF HOLLISTER
This ELECTRICAL FACILITIES COST SHARING AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation ("STATE"), and the CITY of HOLLISTER (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”
RECITALS
1. This AGREEMENT will specify the CITY’s and STATE’s respective costs associated with the operation, maintenance, repair, and replacement of electrical facilities on State Route 25 within LOCAL AGENCY’s limits.
2. The PARTIES executed a prior Electrical Facilities Cost Sharing Agreement.
This AGREEMENT supersedes the prior Electrical Facilities Cost Sharing Agreement. The prior Electrical Facilities Cost Sharing Agreement will not remain in full force and effect.
OPERATIVE PROVISIONS
1. Prior Electrical Facilities Cost Sharing Agreements. This Agreement supersedes the PARTIES’ prior Electrical Facilities Cost Sharing Agreement dated February 5, 2001. The prior Electrical Facilities Cost Sharing Agreement will not remain in full force and effect.
2. Updates to Exhibits. Changes to PARTIES’ electrical facilities cost sharing arrangement, resulting from future additions, improvements or alterations to the electrical facilities covered in the AGREEEMENT may be made by PARTIES attaching an amended Exhibit or addendum to the Exhibit.
3. Amendment to Agreement. Except as provided in the preceding section, concerning Exhibit amendments, the terms of the AGREEMENT can be changed only by a mutual written agreement executed by all PARTIES.
4. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any B.15.a
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2 subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.
5. Permits. STATE can enter the LOCAL AGENCY’s jurisdiction to perform any maintenance or work to the facilities covered by this AGREEMENT, without permit from LOCAL AGENCY. When feasible STATE shall provide advance notification by phone call or email to LOCAL AGENCY contact.
6. Electrical Facilities. This AGREEMENT specifies the LOCAL AGENCY’s and STATE’s respective costs associated with the electrical energy, operation, maintenance, repair, and replacement of electrical facilities on State Route 25 within LOCAL AGENCY’s limits and specifically listed in Exhibit “A.”
7. Cost Sharing and Apportionment. Exhibit “A” lists the percentage of electrical facilities costs apportioned to each PARTY and shall be based on STATE’s actual costs.
8. Reimbursement of Actual Costs
A. STATE shall pay for all the expenses stated in the “Billing” clause below for all Exhibit A listed STATE-owned electrical facilities and seek reimbursement from LOCAL AGENCY as per the percentage stated in Exhibit A.
B. If applicable LOCAL AGENCY shall pay for all the expenses stated in the “Billing” clause below for all Exhibit “A” listed LOCAL AGENCY owned electrical facilities except electrical energy costs which shall be paid by STATE directly to the utility company and thereafter STATE shall seek reimbursement from LOCAL AGENCY as per the percentage stated in Exhibit “A.”
9. COSTS
A. Basis for Billing
a. Total maintenance costs for flashing beacons, traffic signals, and traffic signal systems shall be based on actual costs, including but not limited to the following:
i. The costs of repairs and replacement of the devices
ii. The costs of regular inspection and maintenance
iii. Labor, including overhead assessment, other expenses including, equipment, materials, and miscellaneous
expenses
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3 iv. Electrical energy
B. STATE will bill LOCAL AGENCY quarterly in arrears for LOCAL AGENCY’s share of electrical facilities costs listed in Exhibit “A.”
10. Budget Contingency. STATE’s obligations this AGREEMENT is contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to the STATE’s District Office.
11. Legal Relations and Responsibilities.
A. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to the AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and LOCAL AGENCY facilities different from the standard of care imposed by law.
B. Indemnification. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub- contractors, and/or its agents pursuant to this AGREEMENT.
Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub- contractors and/or its agents pursuant to this AGREEMENT.
12. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY.
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Revised 11/28/22
TR 05-3-E001 JHH
SBT/RTE 25 PM 47.99-51.91
4 13. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT.
14. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
15. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
16. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.
City Clerk
THE CITY OF HOLLISTER
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated: Dated:
Mayor
Sara von Schwind
Deputy District Director
Maintenance District 5
APPROVED:
Dated:
City Manager
Dated:
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5 Exhibit “A”
ELECTRICAL FACILITIES AND COST SHARING AGREEMENT
COST APPORTIONMENT
STATE and CITY of HOLLISTER
Effective ___________________, 20____
BASIS OF COST DISTRIBUTION
State-Owned and Maintained
Billed by the State
Route and
PM Location Type of Facility
Cost Distribution
State LOCAL
AGENCY
025-48.15 Enterprise Rd. Lights 50 25*
025-49.01 Union Rd. Signal & Lights 50 25*
025-49.64 Sunset Rd. Signal & Lights 50 50
025-R49.82 Plaza Rd. Signal & Lights 50 50
025-R49.95 Sunnyslope/Tres Pinos Rd. Signal & Lights 50 50 025-R50.21 E. Park St. Signal & Lights 67 33
025-R50.52 Hillcrest Rd. Signal & Lights 50 50
025-R50.81 Meridian St. Signal & Lights 50 50
025-R51.10 Santa Ana Rd. Signal & Lights 50 50
025-R52.21 San Felipe Rd. Signal & Lights 50 50
*Also cost shared 25% with San Benito County
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 4, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-203, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER ADOPTING A POLICY TO DEFER ACCEPTANCE AND
CONSIDERATION OF REQUESTS FOR INDIVIDUAL GENERAL PLAN AMENDMENTS DURING THE HOLLISTER 2040 GENERAL PLAN UPDATE
BRIEF DESCRIPTION: A resolution of the City Council of the City of Hollister adopting a policy to defer acceptance and consideration of requests for individual general plan amendments during the Hollister 2040 General Plan Update.
RECOMMENDATION: Adopt a resolution instituting a policy to defer acceptance and consideration of requests for individual general plan amendments during the Hollister 2040 General Plan Update.
DEPARTMENT SUMMARY: At the Study Session of the City of Hollister City Council on September 11, 2023, the City Council discussed the processing of individual general plan amendment application requests during the City’s ongoing General Plan Update process. The staff report from the September 11, 2023 Study Session is included as Attachment 1. At the study session, the City Council provided direction to staff to adopt a policy which would defer the acceptance and processing of individual general plan amendment applications during the City’s General Plan Update for 7 months to allow for the implementation of recommended changes to the draft general plan.
City staff is recommending the adoption of a resolution formalizing this policy. The proposed policy will defer acceptance and processing of all requests for individual general plan amendments through April 30, 2024 or until the adoption of the 2040 General Plan, whichever occurs first.
FINANCIAL IMPACT: $0
CEQA: This action is not considered a project subject to the California Environmental Quality Act (Section 21065 of the CEQA Guidelines)
ATTACHMENTS:
1. Attachment 1. 2023.09.11 Study Session Staff Report
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-203
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING A
POLICY TO DEFER ACCEPTANCE AND CONSIDERATION OF REQUESTS FOR INDIVIDUAL GENERAL PLAN AMENDMENTS DURING THE HOLLISTER 2040 GENERAL
PLAN UPDATE
WHEREAS, at the Study Session of the City Council on September 11, 2023, the City Council held a discussion regarding the processing of individual general plan amendment requests during the City’s ongoing comprehensive 2040 General Plan Update; and
WHEREAS, the processing of individual requests for general plan amendments can negatively impact the timeline, budget, and policy direction of the 2040 General Plan Update; and
WHEREAS, at the same study session the City Council also heard and provided direction on final amendments to the Draft 2040 General Plan, which are estimated to take between 6-9 additional months to finalize those documents; and
WHEREAS, after holding the study session, the City Council directed staff to implement a policy which would defer the acceptance and processing of individual general plan amendment applications for seven months while the modifications are being made to the draft general plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby adopt a policy to defer the acceptance and processing of individual general plan amendment requests until April 30, 2024, or until the adoption of the 2040 Draft General Plan by the City Council, whichever occurs first.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-203, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL SPECIAL MEETING AGENDA
MEETING DATE: SEPTEMBER 11, 2023
SUBMITTED: September 5, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Christine Hopper, Development
Services Director
TITLE OF ITEM: GENERAL PLAN AMENDMENTS/ PREZONES/ SPHERE OF INFLUENCE
AMENDMENTS
BRIEF DESCRIPTION: The City Council will hold a study session to discuss processing of individual General Plan Amendment application requests during the ongoing General Plan update process.
RECOMMENDATION: Receive the presentation, take public comment, and provide direction to staff.
DEPARTMENT SUMMARY: The City of Hollister is currently in the process of updating the 2005-2023 General Plan through the year 2040. A general plan serves as the vision and guiding policy document for all decisions that a jurisdiction makes, particularly when it comes to land use and development. General plans have a long life and provide overarching policy for a jurisdiction for a 20- to 30-year timeframe.
During the life of a general plan, a jurisdiction may make up to four (4) amendments to its general plan in a given calendar year. The updates may be major or minor, and can consist of any number of individual changes bundled into one approval, to remain consistent with the total allowed annual amendments. A comprehensive general plan update process, such as the current effort of the City, is typically a multi-year effort to realign the City’s General Plan with current and future policy goals for the community.
It is not unusual for a jurisdiction to limit the acceptance of individual applications for general plan amendments (includes rezoning, sphere of influence amendments, annexations, and other changes that require amendments to land use maps that affect the General Plan) during a city- initiated effort to prepare a comprehensive general plan update. The City of Hollister adopted a policy during the 2005 General Plan Update to defer consideration of individual general plan amendments during the update and required the request to first be considered by the General Plan Steering Committee for a review of the proposal in the context of the general plan update (see attached Resolution 2003-124). This is because the update of the City’s General Plan is a significant endeavor, and any request for an amendment outside of the update affects the City’s process and creates instability in the comprehensive planning effort. Changes at an individual level would need to be incorporated into the City’s General Plan Update. This can involve changes to mapping, text, diagrams, tables, etc. Additionally, processing an individual amendment may require changes to the environmental analysis prepared under CEQA for the City’s General Plan Update. Each general plan amendment requires its own environmental document to be prepared, and one document must be determined to be the “baseline” assumed condition for the other document.
This scenario is problematic in several ways. Firstly, for the document to be considered second that will utilize the first project as an assumed existing condition, if any changes are made to the B.16.a
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first project or it is not adopted as assumed, the second document will need to be rewritten to accommodate those changes to the baseline. The second project will have to re-prepare any analyses that utilized the baseline conditions assuming the other project was “existing”. This can be costly and time-consuming. Secondly, because the baseline condition of the first project must be assumed for the second project, the certification of the environmental document for the second project – even if completed before the first project – must be adopted after the certification of the environmental document for the first project. This means that any delays in the processing of the first project inherently transfer those delays to the processing of the second project. Finally, for a city-wide project such as a General Plan Update, revising the document to accommodate individual requests during the planning process can result in piecemeal development planning, and can negate the largescale planning discussion that is the intention of a comprehensive General Plan Update. Pausing (and/or revising) the City’s General Plan Update and all required technical documentation to accommodate an individual request for a general plan amendment will be both costly to the City from a time, resources, and budgeting perspective, but also will also be costly to the city-wide policy efforts that are proposed for inclusion in the General Plan because those policies and planning efforts will need to be amended to accommodate the individual general plan amendment request.
The City of Hollister Planning Division formally received six project applications which require a general plan amendment during the course of the ongoing General Plan Update (2040 GPU).
One of these projects is a proposal for an industrial annexation north of the Hollister Airport and was approved for processing alongside the 2040 GPU at approximately the same time as the start of the General Plan Update. This project is ongoing, but did require amendments to be made to the draft General Plan in December 2022 at the cost of the City due to their interconnected nature. This project has been assumed to follow the 2040 GPU at this time, changes to this assumption will require amendments to both environmental documents that are being prepared. The second project was authorized for initiation of a general plan amendment and rezone for a currently commercial, proposed mixed-use, site located near San Felipe Road and Maple Street. The City Council authorized the initiation of this request in January 2023 and directed that the 2040 GPU should follow that project. Amendments were made to the General Plan Update to accommodate this request, and work on the 2040 GPU since has been based on the assumption of this project moving forward ahead of the General Plan. At time of writing, the applicant has not submitted the formal application following the initiation authorization of the City Council. The project is relatively small in size, but amendments may be required to adjust the baseline conditions of the 2040 GPU if the project does not move forward ahead of the City’s update.
The remaining four applications received have been requests for initiation of general plan amendment, sphere of influence amendments, and/or prezone for annexation of properties for future residential development. Additionally, during the course of the 2040 GPU process, staff received inquiries for upwards of 30 other properties (or groups of properties) looking into either sphere of influence amendments and/or annexation into the City limits. Modifying the sphere of influence and annexation (prezoning) require a general plan amendment to be processed at the same time, due to mapping and land use changes affiliated with the process. The City does not currently have a policy in place to direct staff and the applicants on how to proceed with these requests for initiation of individual general plan amendments during the ongoing General Plan Update. Due to the complexities of the environmental analysis and potential cost to the City to amend the 2040 GPU to address these requests, staff requests City Council direction on how to proceed with both the formally received requests for general plan amendments as well as any future requests which may come forward during the 2040 General Plan Update process. As individual general plan amendments affect the timeline, budget, and policy direction of the General Plan Update, staff recommends the City Council provide direction to pause processing of any new requests for initiation of a general plan amendment until the adoption of the new general plan, and for those requests to be considered after the adoption of the General Plan B.16.a
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within the context of the new policies and land use designations as they are ultimately adopted by the City Council.
ATTACHMENTS:
1. 2003-06-16 R 2003-124
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Cannabis
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-204, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER RENEWING REGULATORY PERMIT FOR TRADITIONAL ROOTS TO OPERATE A CANNABIS MANUFACTURING FACILITY AT 1091 SAN FELIPE RD (APN 0511100420)
BRIEF DESCRIPTION: The City Council will consider renewing a regulatory permit for Traditional Roots to operate a cannabis manufacturing facility.
RECOMMENDATION: Adopt a resolution approving the renewal of a regulatory permit for Traditional Roots to operate a cannabis manufacturing facility located at 1091 San Felipe Road.
DEPARTMENT SUMMARY:
On September 5, 2017, the City Council approved a Cannabis Use Permit/ Development Agreement for Traditional Roots to operate a cannabis cultivation and manufacturing facility (Resolution No. 2017-228). On November 6, 2017, the City Council approved a regulatory permit (Resolution No. 2017-276) for Traditional Roots to operate a cannabis manufacturing facility at 1091 San Felipe Road.
In accordance with Section 5.42.050 of the City of Hollister Municipal Code, renewal of a regulatory permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as required under HMC, § 5.42.070 (A), and none of the required findings were made to warrant rejection of a regulatory permit.
This approval will allow the applicant to continue operations for 2023/2024.
FINANCIAL IMPACT: $ 0
CEQA: Exempt
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING
REGULATORY PERMIT FOR TRADITIONAL ROOTS TO OPERATE A CANNABIS MANUFACTURING FACILITY AT 1091 SAN FELIPE RD (APN 0511100420)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting of September 5, 2017, approved a Cannabis Use Permit/ Development Agreement for Traditional Roots located at 1091 San Felipe Road; and
WHEREAS, the City Council at its regular meeting of November 6, 2017 issued a cannabis manufacturing regulatory permit; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and
WHEREAS, Traditional Roots has completed the regulatory permit application, and it has been deemed complete; and
WHEREAS, at its regular meeting of October 16, 2023, the City Council considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070 A of the Hollister Municipal Code the City Council may reject a permit. After review, the Council did not make any of the specified findings required to deny Traditional Roots regulatory permit; and
WHEREAS, under the provisions of Section 5.42.14 The City Council may, however, place conditions upon Traditional Roots regulatory permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby makes the following findings and determinations regarding the proposed cannabis regulatory permit:
Grounds for Denial
The City Council may reject a regulatory permit upon making any of the following findings, none of the following required findings were made to warrant the rejection of a regulatory permit:
1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver, qualified patient, or the legal representative of the cannabis facility;
3. The applicant fails to meet the requirements of this Chapter or any regulation adopted pursuant to this Chapter;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed B.17
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area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review process. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay the City the required application and processing fees as set forth in Section 5.42.080
BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the regulatory permit for Traditional Roots located at 1091 San Felipe Road to continue to operate a cannabis manufacturing facility.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
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Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-204, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: May 1, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Cannabis
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-205, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER RENEWING A REGULATORY PERMIT FOR TRADITIONAL ROOTS TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1091 SAN FELIPE RD (APN 0511100420)
BRIEF DESCRIPTION: The City Council will consider renewing a regulatory permit for Traditional Roots to operate a cannabis cultivation facility.
RECOMMENDATION: Adopt a resolution approving the renewal of a regulatory permit for Traditional Roots to operate a cannabis cultivation facility located at 1091 San Felipe Road.
DEPARTMENT SUMMARY:
On September 5, 2017, the City Council approved a Cannabis Use Permit/ Development Agreement for Traditional Roots to operate a cannabis cultivation and manufacturing facility (Resolution No. 2017-228). On November 6, 2017, the City Council approved a regulatory permit (Resolution No. 2017-276) for Traditional Roots to operate a cannabis cultivation facility at 1091 San Felipe Road.
In accordance with Section 5.42.050 of the City of Hollister Municipal Code, renewal of a regulatory permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as required under HMC, § 5.42.070 (A), none of the required findings were made to warrant a rejection of a regulatory permit.
This approval will allow the applicant to continue operations for 2023/2024.
FINANCIAL IMPACT: $ 0
CEQA: Exempt
ATTACHMENTS:
1. Application #2017-276
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-205
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING A
REGULATORY PERMIT FOR TRADITIONAL ROOTS TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1091 SAN FELIPE RD (APN 0511100420)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting of September 5, 2017 approved a Cannabis Use Permit/ Development Agreement for Traditional Roots located at 1091 San Felipe Road; and
WHEREAS, the City Council at its regular meeting of November 6, 2017 issued a cannabis cultivation regulatory permit; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council City; and
WHEREAS, Traditional Roots has completed the regulatory permit application, and it has been deemed complete; and
WHEREAS, at its regular meeting of October 16, 2023 the City Council considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070 A. of the Hollister Municipal Code, the City Council may reject a permit. The Council did not make any of the specified findings required to deny Traditional Roots Regulatory Permit; and
WHEREAS, under the provisions of Section 5.42.14 The City Council may, however, place conditions upon Traditional Roots Regulatory Permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby make the following findings and determinations regarding the proposed cannabis regulatory permit:
Grounds for Denial
The City Council may reject a regulatory permit upon making any of the following findings, none of the following required findings were made to warrant the rejection of the regulatory permit:
1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver, qualified patient, or the legal representative of the cannabis facility;
3. The applicant fails to meet the requirements of this Chapter or any regulation adopted pursuant to this Chapter;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local laws which substantially affect the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed B.18
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area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay the City the required application and processing fees as set forth in Section 5.42.080
BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the regulatory permit for Traditional Roots located at 1091 San Felipe Road to continue operating a cannabis cultivation facility.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
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Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-205, is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 11, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RATIFY APPOINTMENTS TO FILL COMMISSION VACANCIES
BRIEF DESCRIPTION: The Parks & Recreation Commission currently has vacancies for the seats appointed by District 3 and the Mayor. Additionally, there are vacancies on the Youth Commission. The City Council must ratify appointments to the commissions.
RECOMMENDATION: Ratify the appointment of Michael Castro to fill the vacancy for the District 3 appointed seat and Buddy Barraza to fill the vacancy for the Mayoral appointed seat on the Parks & Recreation Commission. Ratify the appointment of Alondra Medina to fill one of the vacant seats on the Youth Commission.
DEPARTMENT SUMMARY: The Parks & Recreation Commission currently has vacancies for the seats appointed by District 3 and the Mayor. Additionally, there are vacancies on the Youth Commission. The City Council must ratify appointments to the commissions.
The City Clerk received applications from Michael Castro and Buddy Barraza to fill vacancies on the Parks & Recreation Commission and an application from Alondra Medina to fill one of the vacancies on the Youth Commission. If the appointments are ratified, the Parks and Recreation Commission will be at capacity, and the Youth Commission will have a quorum to allow it to start meeting again.
The recruitment will remain open for vacancies on all other Hollister boards and commissions.
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. Michael Castro_Parks & Recreation_D1_Redacted
2. Buddy Barraza_Parks & Recreation_D1_Redacted
3. Alondra Medina_Youth Committee_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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When completed please return to the City Clerk’s Office at 375 Fifth Street, or Email to: [email protected]
10/08/2020
HOLLISTER PARKS AND RECREATION COMMISSION
Application for Commissioner
Name:
Address:
Phone:
Email: Cell Phone:
Employer: Work Phone:
NOTE: The information you provide is done with the express understanding that it is public information and may be provided to the public when requested.
College:
Community Service Experience including service on other Boards, Commissions, Clubs, and/or Organizations
Clubs or Organizations:
Recreation or Municipal Experience:
Why do you wish to be on the Parks and Recreation Commission and what contributions can you make to the Parks and Recreation Commission? (Attach additional sheet if necessary.)
Date: Signature:
Attach resume if desired.
Michael Castro
Hollister CA 95023
Community Foundation for Monterey County
San Benito County Food Bank (Board Member)
not being happy with the parks so now I want to help change that. My kids and I can spend hours outside and having fun parks to visit would make those days so much better. Also, my schooling and career has always been in community/public health so this just one way is not.
6/22/23
Gavilan College (AA), Cal State Monterey Bay (BA), San Jose State (Masters) I believe in civic responsibility and modeling positive behavior for my children. I originally lived here in high school, moved away, and came back 4 years ago. As a kid/teen I remember to improve my community's health. I truly believe my family is not healthy if my neighbor B.19.a
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Michael Raymond Castro Phone:
Email:
Director of Community Initiatives and Partnerships
A dedicated and results-focused professional with community and customer service experience, coupled with a multitude of versatile skills transferable into any community work related positions. Experience in managing cradle-to-grave project lifecycles on multiple concurrent projects, including facilitating strategic project planning, cost analysis, scheduling, tra cking, open issues list, implementation phases, communication, and scope management functions. Demonstrated abili ty to take the initiative in fast-paced, high-pressure environments and expertly partner with cross -functional strategic teams in order to achieve flawless collaboration in pursuit of objectives and goals. Recognized by peers, subordinates, and senior lead ership for respect to cultural diversity and capacity to operate effectively in diverse cultures.
Professional Experience
Director of Community Initiatives and Partnerships Community Foundation for Monterey County Feb 2021 - Present ▪ Primary role was to lead community engagement efforts for the Foundation and provide cohesion for the development and implementation of community-wide strategies to address the Foundations goals. ▪ Developed and maintained expertise and networks for community issues, including emerging and longstanding issues. ▪ Served as a catalyst, convener, and facilitator to stimulate and promote collaborations to address emerging needs and opportunities within the CFMC’s priority impact areas.
Scholarship and Program Officer Community Foundation for Monterey County Dec 2018 – Feb 2021 ▪ Led proposal reviews within assigned priority grant areas, including analysis of requests, due d iligence, communicating with prospective grantees.
▪ Provided data analysis, evaluation and implementation in collaboration with CFMC’s strategic goals for all CFMC scholarships including the College Futures Foundation initiative. ▪ Monitored progress of grants, evaluate organizations’ success, and assess impact of grants. ▪ Worked directly with grant seekers and grantees to provide clarity about the CFMC’s priorities, direction about application procedures, feedback on proposals and linkages to other resources as appropriate.
Program Manager Cal State Monterey Bay University Corporation Nov 2015 – Nov 2018 ▪ Developed project infrastructure and complex budgets. ▪ Full accountability for expertly handling coordination of student acceptance, scholarships, and regis tration procedures. ▪ Delivered presentations at outreach events, orientations, and wo rkshops. ▪ Prepared financial reports, meeting materials, manage files and databases, complete executive correspondence, and prepare expense reports.
▪ Responded to shifting priorities/deadlines while expertly handling all aspects of project logistics.
Resident Services Coordinator Santa Lucia Preserve Jan 2015 – Nov 2015 ▪ Provided support to Resident Services Department and performed duties, including product research, filing, data entry, internal billing, record keeping, database management, and correspondence preparation.
Auditor Gryphon Financial Group Inc. Dec 2013 – Jan 2015 ▪ Completed risk-based activities associated with audit engagements and performed special reviews and monitoring activities, with focus on Fortune 500 companies and privately owned organizations. ▪ Assisted with auditing activities to evaluate adequacy and effectiveness of internal control systems. ▪ Documented audit results in clear and concise way and provided recommendations in a constructive manner.
Community Involvement
Intern National Prevention Science Coalition (NPSC) Sept 2016 – Sept 2017 Designed and implemented a distance-based internship. Led a team that worked together to influences various constituents to adopt prevention science into their practices. Created a social media strategy to advocate and disseminate information via Facebook, Twitter and LinkedIn. Assisted in developing several briefs to congress and staffers.
Board of Directors/Volunteer Loaves, Fishes & Computers Inc. Salinas, CA Sept 2013 – Sept 2015 Helped write and submit various grants to secure funding for the organization. Wrote and implemented new policies that increased safety and efficiency. Developed, planned, and implemented an after-school program.
Education
Master of Public Health San Jose State University San Jose, CA Nov 2017
BA in Collaborative Health & Human Services Cal State Monterey Bay Seaside, CA Dec 2014 Graduated with Distinction in the Major and Excellence in Student Research Awardee AA in Liberal Arts and University Studies Gavilan College Gilroy, CA Jun 2008 B.19.a
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 3, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HOLLISTER UPHOLDING THE HOLLISTER PLANNING COMMISSION APPROVAL OF SITE & ARCHITECTURAL REVIEW 2023-1 FOR THE CONSTRUCTION OF A 10MW UNMANNED BATTERY ENERGY STORAGE SYSTEM (BESS) LOCATED AT 431 GATEWAY DRIVE IN THE GENERAL COMMERCIAL ZONING DISTRICT APN: 053-410-006
BRIEF DESCRIPTION: The appellant, Citizens for Responsible Industry, has filed an appeal of Planning Commission action opposing the Planning Commission approval of Site and Architectural Review 2023-1. The appellant has now requested to withdraw the appeal and the City Council must take action on the request because the appeal was publicly noticed.
RECOMMENDATION: Hold a public hearing and accept the appellant’s withdrawal of the appeal.
DEPARTMENT SUMMARY: On May 25, 2023, a public hearing was held by the Planning Commission to consider a Site and Architectural Review application at 431 Gateway Drive (See Planning Commission Resolution and Staff Report in Attachments #3 and #4). The applicant requested approval of a 10-megawatt unmanned battery storage facility with associated improvements including perimeter fencing and landscaping. The Project is located on a 1.66- acre parcel within the General Commercial (GC) Zoning District. The Planning Commission voted 5-0 to approve Site and Architectural Review 2023-1, making all of the required findings contained in the Zoning Ordinance (Hollister Municipal Code 17.24.190), and imposing conditions of approval pertinent to the issues raised and to ensure compliance with City of Hollister standard development practices. The plans approved by the Planning Commission are provided as Attachment 5.
DISCUSSION/ANALYSIS: On June 7, 2023, a timely appeal of the Planning Commission’s approval of Site and Architectural Review permit was filed with the Development Services Department. The appeal was filed by Citizens for Responsible Industry, represented by Tara Rengifo (see Attachment 2, Appeal Application). The appeal is focused on issues raised during the Planning Commission meeting regarding conformance with the California Environmental Quality Act, specifically exemption 15332 In-Fill Development Projects.
The following is a summary of the appellants’ 59-page submittal basis for the appeal as noted on the appeal application, followed by a response from staff:
APPEAL GROUND 1. The approved Project failed to qualify for a categorical exemption, a lead agency must provide substantial evidence that the Project will not have a significant effect.
Here, the Class 32 exemption is facially inapplicable to the Project because the Project may have significant impacts on air quality, public health, and noise. Additionally, the proposed development would occur on a site that is not substantially surrounded by urban uses. Prime F.1
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Agriculture Land surround the Project site to the north, precluding reliance on the Class 32 exemption.
1) Mitigated categorical exemptions are expressly prohibited under CEQA. The Project’s Conditions of Approval adopted by the Planning Commission mitigated the Project’s significant construction noise impacts by requiring that construction on the Project site employ noise suppression devices and techniques.
2) There is substantial evidence demonstrating a reasonable possibility that cumulative impacts of successive Projects of the same type in the same place over time will be significant, and substantial evidence demonstrates that the Project would have a significant effect on human health and the environment due to unusual circumstances.
As such, these exceptions render the Infill Exemption to CEQA review inapplicable and the Planning Commission abused its discretion in adopting the Class 32 exemption.
3) The Project Description is also inadequate because it omitted critical details about the proposed BESS, such as the type of lithium-ion battery or battery chemistry and lacked sufficient information regarding the design of the BESS, including battery layout; the type of cooling systems in place in the BESS. This information is critical to determine the environmental impacts of the BESS component.
4) The proposed Project would not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City.
This finding is not supported by substantial evidence.
5) The risks to health and safety from this Project are especially significant because the Project is surrounded by residences where people live, hotels where people work and visit, and daycare within approximately 417 feet of the Project site that serves hundreds of children.
STAFF RESPONSE TO APPEAL GROUND 1. The approved Project would construct the Stodola Battery Energy Storage System (BESS), a 10-megawatt unmanned battery storage facility, with perimeter fencing and landscaping for privacy and aesthetic appeal. The Project will be located on a 1.66-acre parcel at 431 Gateway Drive within the General Commercial (GC) Zoning District surrounded by commercial development and adjacent to the Hollister Substation, owned and operated by Pacific Gas and Electric (PG&E) and regulated by the California Public Utilities Commission (CPUC). The point of interconnect (POI) would be the existing Hollister Substation.
Categorical exemption 15332 does not prohibit lead agencies from issuing standard conditions of approval. Standard conditions of approval are issued to mitigate any potential issues, which includes noise and air quality during construction. The appellant claims particular matter may affect the environment. However, that argument can be made regarding every single development whether it is residential, commercial, industrial, etc. The appellant was unable to clearly identify the “unusual circumstances” they feel the Planning Commission abused in its discretion in adopting the Class 32 exemption. Any potential increase in noise and air quality associated with this project will be temporary, as it is only expected to create minimal noise and air quality impacts during construction. The project has conditioned to comply with standard dust and noise control measures during construction as required by Section 17.16.040 Dust and dirt, which requires compliance with engineering standards, and Section 17.16.100 Noise. The condition is both standard in that it is applied to all development projects of any type or size, and informational, as it simply reiterates sections of code and references the engineering best management practices which are required to be complied with by any construction project within the city. The project has not been identified to have any unusual potential noise or air quality F.1
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impacts beyond those that are found by any development project, and standard conditions of approval have not been modified for this project.
The Project was reviewed and conditioned by the Development Review Committee which includes the Fire Department. Concerns for fire risk have been evaluated by the Fire Department. Fire has reviewed and adequately conditioned the Project. Furthermore, if any module in the storage facility is ignited it will automatically and immediately alert the system which will then remotely turn off the unit. The applicant has explained that they have not experienced a fire incident with this type of battery system at any similar site that they have developed, owned, or operated. Additionally, the system is designed to self-consume in case of a fire. Furthermore, the applicant has an emergency action plan in place and the applicant typically train fire departments in how to react/treat fires. The battery layout design was reviewed and approved by all reviewing agencies, including the Fire Department. The Fire Department, in its review of the site, ensured internal roads were adequate in width to facilitate fire truck maneuverability.
The Project would not be detrimental to the health, safety, and welfare of persons residing or working in the neighborhood or to the general welfare of the City. To the contrary, BESS is expected to be a benefit to the community because it is intended to store power in order to prevent brown outs and black outs thus benefiting the community and the State of California.
Energy storage will provide intermittent energy to prevent blackouts. It is a fully automated facility and has been successfully used in other jurisdictions. No toxicity, pollutants, or hazardous concerns are associated with this Project. If, in the unlikely event a fire occurred the storage units are designed to self-destruct, they would consume themselves to the ground. Prior to doing so, they would send out notifications that a fire is occurring. Additionally, electromagnetic field (EMF) of the substation to the north is higher than what the Project would produce. The small size of the batteries would only produce small EMF which does not pose safety or human health hazards. The Project does not generate electricity it solely stores energy to make sure the grid does not run the risk of generating a brown out or black out. The role of the system is to store electricity then discharge the electricity when the grid needs it.
As previously mentioned, the Project site is surrounded by uses (gas station, hotel, etc.) that have the potential to generate more noise, traffic, and air quality issues than what the appellant argues would be generated by the proposed Project. The Project site is bound by a mix of vacant and developed parcels. One of the developed parcels is located at 331 Gateway Drive and occupied by Hollister Child Development Center, approximately 417 feet away. The appellant argues that the proposed Project may have potential impacts to the neighboring properties including the aforementioned daycare. However, an increase in noise would only be temporary, during construction, and is not expected to exceed allowable noise decibels.
Additionally, it can be argued that the existing substation, located to the north of the subject parcel, has a higher potential for environmental impacts. Northeast of the center is Greenwood Ford Service Department (300 Gateway Drive). An Arco Gasoline Station is located at 301 Gateway Drive. Further north, across the Hollister substation, is a parcel zoned agriculture. This parcel is not immediately adjacent to the parcel zoned as agriculture. There are other parcels creating separation between the proposed Project parcel and the parcel zoned for agriculture.
Utilities are a permitted use within the General Commercial Zoning District. Additionally, the immediate adjacency of the project site to the existing PG&E substation will minimize any necessary infrastructure connections required to connect the Project to the substation grid.
Staff and the Planning Commission believe the Project does qualify for a CEQA Categorical Exemption. Class 32 consists of Projects characterized as in-fill developments meeting the conditions described in this section.
a) The Project is consistent with the applicable general plan designation and all applicable F.1
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general plan policies as well as with applicable zoning designation and regulations.
The Project is consistent with the General Plan designation and applicable zoning designation.
It is within the General Commercial which allows a minor utility use and the substation to the north can be argued to be a more intense use and is also located within the same zoning.
Additionally, unlike the substation to the north, the Project does not produce or convert electricity. The Project will act as an electrical storage facility that provide backup power to the local electrical grid to ensure stability in the power supply and reduce brown and black outs. The Project is a similar and less intense use than an existing neighboring use that is within the same designation. The Project is generally unmanned, with the exception of occasional maintenance traffic, and has been designed to meet all requirements of the Zoning Ordinance, including landscaping and screening of equipment from public view.
b) The proposed development occurs within city limits on a Project site of no more than five acres substantially surrounded by urban uses.
Yes, the proposed Project site is within the City limits and is located on a 1.66-acre site.
c) The Project site has no value as habitat for endangered, rare or threatened species.
The Project site has no value as habitat for endangered, rare or threatened species, the site is surrounded by urban development, and it is relatively small. Additionally, there are no waterways nearby or any other indicators that would suggest this is a site for endangered species.
d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The Project would not result in significant impacts to traffic, air, noise or water quality because small size of the Project and because the standard conditions that the city has placed on this Project, along with compliance to the municipal code already mitigate any construction air quality issues or any potential impacts. Furthermore, the Engineering Division has issued standard conditions of approval for best practice dust control measures which mitigate any potential air impacts when it comes to dust control during the Project’s construction phase. Staff does not anticipate that noise impacts will exceed municipal code regulations for the general commercial zoning district. Additionally, the Project is not expected to have impacts on water or traffic because it is an unmanned facility with only occasional maintenance visits.
e) The site can be adequately served by all required utilities and public services.
The site can be served by adequate utilities and public services. The surrounding parcels have access to existing utilities. Additionally, utilities to serve the parcel can be found on Gateway Drive or nearby.
APPEAL GROUND 2. The Project description is inadequate because it omitted critical details about the proposed BESS, such as the type of lithium-ion battery or battery chemistry and lacked sufficient information regarding the design of the BESS, including battery layout; the type of cooling systems in place in the BESS. This information is critical to determine the environmental impacts of the BESS component.
STAFF RESPONSE TO APPEAL GROUND 2. The Project description provided by staff is adequate and typical of an entitlement application. Project descriptions include the type of F.1
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application(s) and details regarding the type of entitlement an applicant is seeking. It is not typical of an entitlement description to include material types and functional details for mechanical equipment. A Project description details the proposed project, providing rationale for proposed architectural and site design solutions and entitlements sought. The project entitlement sought and approved was for Site and Architectural Review, which looks at overall site design and circulation, access, landscaping, and screening of equipment from the view of the public from public rights-of-way. The project applicant has provided a site plan showing the layout of the proposed equipment, adequate circulation, landscaping, and screening, as well as identified the anticipated operations of the site (remote monitoring with occasional on-site maintenance). All have been reviewed by staff and the Planning Commission and have been found to be adequate and compatible with the Zoning Ordinance and nearby uses. Additionally, had there been potential concerns regarding the lithium-ion batteries the reviewing departments would have required additional information for their respective review. As indicated above, the Development Review Committee – including the Fire and Building Departments – have reviewed the requested site design and project proposal and have found the project to be consistent with all requirements and have identified no potential unique hazards which would require further analysis or possible mitigation.
In conclusion, staff asserts that the project was appropriately approved because the Project meets the intent of the General Plan and complies with the City of Hollister Zoning Ordinance.
The Project has been designed, reviewed, approved, and is conditioned appropriately. The Project was reviewed and conditioned by the Development Review Committee. All city departments, including Fire, Police, Engineering, Planning, and Building, provided feedback and conditioned the Project accordingly. The Project meets all the required guidelines under exemption 15332 In-Fill Development thus qualifying for said exemption. Additionally, the Project is required to comply with the conditions of approval and all Municipal Code guidelines.
The Project’s purpose is to serve as a backup to the adjacent Hollister substation, BESS will store energy to avoid electrical brown outs and black out.
The appellant has now requested to withdraw the appeal and the City Council must take action on the request because the appeal was publicly noticed per Municipal Code Section 17.24.140 which states: “After an appeal of a Commission decision has been filed and a public notice has been published, the appeal shall not be with drawn except with the consent of the Council.”
The appellant’s request to withdraw the appeal is attached as Attachment 1.
STAFF RECOMMENDATION
Staff recommends the City Council accept the appellant’s request to withdraw the appeal, thereby upholding the Planning Commission’s approval of the project.
OPTIONS FOR ACTION
1. Deny the appeal and uphold the Planning Commission’s decision to approve the Project, subject to conditions. The Council may provide specific direction to staff to modify the findings or conditions, as appropriate.
2. Approve the appeal in its entirety and deny the Project. The Council would provide specific direction to staff to return with Resolution and Findings of Denial.
3. Continue the public hearing for further consideration by the City Council. Continue the public hearing to allow submission of additional information and/or Project revisions and return the Project for further consideration by the City Council.
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4. Remand the project to the Planning Commission for review with specific direction.
Remand the project to the Planning Commission for further consideration with specific direction on their scope of review. After Planning Commission review, the Project will return to the City Council for further consideration.
5. Accept Appellant’s Request to Withdraw Appeal, thereby upholding the Planning Commission’s approval of the project (see Attachment 1 for request to withdraw).
FINANCIAL IMPACT: $0
CEQA: Categorically Exempt, Section 15332, Class 32, In-Fill Development Projects
ATTACHMENTS:
1. Attachment 1. Request to Withdraw Appeal - Stodola Battery
2. Attachment 2. Appeal Application
3. Attachment 3. Signed Resolutions 2023-16_S&A 2023-1_RWE Solar Development, LLC
4. Attachment 4. Staff Report_S&A 2023-1_431 Gateway Dr
5. Attachment 5. Project Plans 431 Gateway Drive 2023-01 - Stodola Battery Energy
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER UPHOLDING THE
HOLLISTER PLANNING COMMISSION APPROVAL OF SITE & ARCHITECTURAL REVIEW 2023-1 FOR THE CONSTRUCTION OF A 10MW UNMANNED BATTERY ENERGY STORAGE SYSTEM (BESS) LOCATED AT 431 GATEWAY DRIVE IN THE GENERAL COMMERCIAL ZONING DISTRICT APN: 053-410-006
WHEREAS, on May 25, 2023, the Hollister Planning Commission during a regular planning commission meeting adopted Planning Commission Resolution 2023-16 approving Site & Architectural Review 2023-1 with conditions for the construction of a 10MW unmanned Battery Energy Storage System (BESS) at the property located at 431 Gateway Drive in the General Commercial Zoning District (APN: 056-410-006) (the “Project”); and
WHEREAS, an appeal of the Planning Commission action was timely filed by Citizens for Responsible Industry on June 7, 2023 to the City Clerk’s Office; and
WHEREAS, on October 16,2023, the City Council held a public hearing to consider the appeal; and
WHEREAS, the City Council heard and considered testimony from City Staff, the applicant, the public, and information presented in the staff report; and
WHEREAS, after considering the facts of the case, the City Council determined that Site & Architectural Review 2023-1 is consistent with Section 17.24.190 Site and Architectural Review, and Section 17.24.120 Public Hearing of the Hollister Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister that the appeal of Citizens for Responsible Industry is hereby denied, and the May 25, 2023 decision of the Planning Commission approving Site & Architectural Review 2023-1 is affirmed.
BE IT FURTHER RESOLVED, that the City Council does make the following findings regarding the Project:
FINDINGS:
1. Finding: The decision of the City Council regarding the appeal of the Planning Commission’s determination on the Project was properly noticed during a public hearing consistent with the public notice requirements of state and local law.
Evidence: The City of Hollister adheres to the public notice requirements of state law. A pub lic notice for Site & Architectural Review 2023-1 was published on October 6, 2023 in the Hollister Free Lance, for which said newspaper has been adjudicated a newspaper of general circulation.
As indicated on the proof of publication the notice of public hearing includes the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, and a general description of the location of the real property per Section 65094 of the Government Code. The public hearing was published ten (10) days prior to the public hearing date of October 16, 2023 which meets the requirement of ten (10) days per Government Code 65090. Notice of the public hearing was mailed to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the real property on October 6 , 2023 which meets and exceeds the requirement of ten (10) days prior to the hearing date of October 16, 2023 per Section 65091(4) of the Government Code. The agenda was published at least 72 hours prior to the public hearing which meets and exceeds the requirements of Government Code 65090 and 65091.
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PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 16th day of October, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. , is an original Resolution, or true and correct copy of a City Resolution, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 16th day of October, 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 October, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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BESS Staff Report
S&A 2023-1
SUBJECT: Site and Architectural Review No. 2023-1 to construct a 10-megawatt unmanned battery storage facility, the Stodola Battery Energy Storage System (BESS), located at 431 Gateway Drive (Assessor’s Parcel Number 053-410-006) within the General Commercial (GC) Zoning District.
STAFF PLANNER: Magda Gonzalez, Senior Planner; (925) 789-7160
ATTACHMENTS: 1. Resolution approving Site and Architectural Review 2023-1
2. S&A 2023-1 Plan Set
RECOMMENDATION: Approval with conditions of approval
PROJECT DESCRIPTION: The Applicant, RWE Solar Development, LLC, is requesting a Site and Architectural Review to construct the Stodola Battery Energy Storage System (BESS), a 10-megawatt unmanned battery storage facility, with perimeter fencing and landscaping for privacy and aesthetic appeal. The Project will be located on a 1.66-acre parcel at 431 Gateway Drive within the General Commercial (GC) Zoning District.
The point of interconnect (POI) would be the existing Hollister Substation, located on the adjacent parcel.
The Hollister Substation is owned and operated by Pacific Gas and Electric (PG&E) and regulated by the California Public Utilities Commission (CPUC).
A vicinity map is included below as Figure A.
Planning Commission
Staff Report
May 25, 2023
Item 2
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BESS Staff Report
S&A 2023-1
ANALYSIS:
Permit Requirements:
This project requires a Site and Architectural Review, to establish a 10MW unmanned battery storage facility. Permit requirements are outlined below.
Site and Architectural Review (S&A):
Per Hollister Municipal Code (HMC) Section 17.24.190 Site and Architectural Review, “no building permit for a new commercial, industrial or multifamily building shall be issued for any purpose or purposes for any improvement or improvements in any district, except R1, until review and approval by the Planning Commission”. The Stodola Battery Energy Storage System consists of battery storage “lineups.” Each lineup would include three batter containers, a water injection system, and a DC combiner box. Each container would be self-enclosed, housing batteries, fire detection and suppression systems, controls, and cooling units. Each group of lineups will be connected to an inverter skid which contains both a Generation Step-Up transformer and a bi-directional inverter. BESS will store and deliver electricity to the grid through a Generator Interconnection Agreement (GIA) with PG&E. RWE will purchase the land, build and commission the project. The project would then be owned and operated by RWE.
General Plan Consistency:
The City of Hollister 2005-2023 General Plan designates the project site as General Commercial. Per the 2005- 2023 General Plan, “The General Commercial designation allows for a variety of commercial uses and service- oriented businesses at scales ranging from large retail stores serving the community and region to smaller businesses oriented towards neighborhood activity. Uses are encouraged to develop in clusters, serving areas with access to major arterials. Independent small businesses such as hair salons, small offices, and restaurants are also permitted. Other examples of uses are department stores, supermarkets, hardware stores and convenience stores.”
Land Use Element Goal and Policy Goal LU9 “Encourage development patterns that promote energy efficiency and conservation of natural resources.”
The proposed Stodola Battery Energy Storage System (BESS) facility is consistent with the General Commercial land use designation. The proposed Site and Architectural Review to allow the 10MW battery storage facility proposes to connect to the existing Hollister Substation located on an adjacent parcel to the north of the subject site. The project promotes energy efficiency and conservation of natural resources by constructing a project that will be minimal in size, height and impact to its surroundings, consistent with Goal LU9. The subject parcel is part of the Gateway Center subdivision which has been developed with other commercial and public utility uses, including the PG&E Hollister Substation, Fairfield Inn and Suites by Marriot, Hollister Child Development Center, and Enterprise Rent-A-Car. Other surrounding uses include agricultural fields to the north, industrial and residential uses to the south, and commercial and residential uses to the east, and single-family homes to the west.
F.1.d
Packet Pg. 410
BESS Staff Report
S&A 2023-1
California Environmental Quality Act (CEQA):
The proposed project has been evaluated to determine whether it could be exempt from CEQA. Based on the environmental documents provided, Biological Resources Assessment, Cultural Resources Assessment, and Phase 1 Environmental Site Assessment, staff has determined that the proposed project is exempt from CEQA subject to Section 15332 Class 32 (In-Fill Development Projects). The project is consistent with in-fill development within urbanized areas that are environmentally benign, consistent with the City of Hollister general plan and zoning requirements, and would not result in any significant traffic, noise, air quality, or water quality effects.
CONCLUSION:
The applicant is seeking approval of a Site and Architectural Review to construct a 10MW unmanned battery energy storage system (BESS). The proposed facility will interconnect to the existing Pacific Gas & Electric (PG&E) Hollister Substation located to the north of the subject property, said interconnection will be constructed underground. The Project will not have employees onsite, it will be remotely operated 24 hours a day, 7 days a week. There will be periodic maintenance visits, some of the visits will be conducted twice a year. The site will not be open to the public, it will not construct any buildings therefore it will have minimal impacts to the site. The Project proposes to install perimeter fence and will provide site screening by installing landscaping and decorative block enclosures. The proposed Project meets City of Hollister Goals and Policies of the General Plan and the Zoning Ordinance. As prescribed in the Municipal Code a Site and Architectural Review (S&A) is required to ensure proper review when it comes to be construction or establishment of a land use on a vacant parcel within the General Commercial zoning district as well as compliance with City of Hollister regulations, as such the Project is not expected to negatively impact the surrounding area.
PLANNING COMMMISSION OPTIONS:
The Planning Commission can choose one of the following options regarding Site and Architectural Review 2023-1.
1. Adopt a Resolution approving Site and Architectural Review 2023-1, subject to the findings and Conditions of Approval contained in the draft resolution (Attachment 1);
2. Adopt a Resolution approving Site and Architectural Review 2023-1, subject to findings and conditions as modified by the Planning Commission;
3. Deny the Proposed Project; or
4. Continue the hearing and direct Staff to provide additional information or clarification.
Staff recommends that the Planning Commission choose Option 1 for the S&A.
F.1.d
Packet Pg. 411
BESS Staff Report
S&A 2023-1
GENERAL INFORMATION
APPLICANT: RWE Solar Development, LLC.
Nicholas Gruzdowich
20 California Street, Floor 5
San Francisco, CA 94111
PROPERTY OWNER: Andy Chong
LOCATION: 431 Gateway Drive
Hollister, California 95023
GENERAL PLAN
DESIGNATION: General Commercial
ZONING DISTRICT: General Commercial (GC)
SURROUNDING USES:
Location Zoning Designation General Plan Land Use Current use of Property Project Site General Commercial (GC) General Commercial Vacant North General Commercial (GC) General Commercial Vacant/PG&E Substation South General Commercial (GC) General Commercial Transportation/Trucking East General Commercial (GC) General Commercial Residential & Commercial West Medium Density Residential
(R-3)
Medium Density
Residential
Residential
F.1.d
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B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
SWETHA SUNDARAM
10351592
STODOLA
GATEWAY DR.
HOLLISTER, CA
DESCRIPTIONDATEMARK
LUKAS ROWLAND
MEAGEN MELBY
HANNA WOLF
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
TITLE SHEET
CITY OF HOLLISTER
S&A 2023-1
N/A
1 STODOLA-CONCEPT-BES-E100_REV-E.dwg
CONCEPTUAL DESIGN
A 03/23/2023 CONCEPTUAL DESIGN
ASSESSOR'S PARCEL NO:
APPLICANT / DEVELOPER:
VICINITY MAP
STODOLA BATTERY ENERGY
STORAGE SYSTEM (BESS)
PROJECT INFO:
SHEET INDEX:
TITLE SHEET:
1 TITLE SHEET
ELECTRICAL:
2.1 MASTER SITE PLAN
2.2 SITE ELEVATIONS
CIVIL:
2.3 PRELIMINARY UTILITY PLAN
5 PRELIMINARY GRADING AND DRAINAGE PLAN
LANDSCAPE:
6.1 PRELIMINARY MATERIALS & DETAILS
6.2 PRELIMINARY IRRIGATION DETAILS
6.3 PRELIMINARY IRRIGATION DETAILS
6.4 PHOTOMETRIC PLAN
6.5 POLE DETAIL/CUT SHEET
7.1 PRELIMINARY LANDSCAPE PLAN
7.2 EXISTING LANDSCAPE PLAN
7.3 PRELIMINARY NOTES & CALCS
7.4 PRELIMINARY IRRIGATION PLAN
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 413
57 .
7 2
'
28.61'
105.30'
19 .
8 1
'
7.98'
PROPOSED
POI
PROPOSED
PADMOUNT
SWITCHGEAR
PROPOSED
FENCE
DC
COLLECTOR
FIRE
PROTECTION
CABINET
BATTERY
ENCLOSURE
POWER
CONVERSION
SYSTEM
AUXILIARY
POWER
PROPOSED
HYDRANT
EXISTING
GAS
EASEMENT
4.75'
7.07'
22.61'
3.60'
9.04'
5.53'
PUBLIC
UTIL/
SIDEWALK
GENERAL
EASEMENT
20 .
0 0
'
20.00'
PROPOSED
SLIDING
GATE
PROPOSED
HYDRANT
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
PROPOSED
STORM
DRAIN
LINE
PROPOSED
FIRE
WATER
LINE
EXISTING
FIRE
WATER
LINE
EXISTING
15"
STORM
DRAIN
2 8
.
1 3
'
57.7 2
'
28.61'
105.30'
19.8 1
'
7.98'
PROPOSEDPOI
PROPOSEDPADMOUNTSWITCHGEAR
PROPOSEDFENCE
DCCOLLECTOR
FIREPROTECTIONCABINET
BATTERYENCLOSURE
POWERCONVERSIONSYSTEM
AUXILIARYPOWER
PROPOSEDHYDRANT
EXISTINGGASEASEMENT
4.75'7.07'
22.61'3.60'
9.04'
5.53'
PUBLICUTIL/SIDEWALKGENERALEASEMENT
20.0 0
'
20.00'
PROPOSEDSLIDINGGATE
PROPOSEDHYDRANT
PROPOSEDSTORMDRAINLINE
PROPOSEDFIREWATERLINE
EXISTINGFIREWATERLINE
EXISTING15"STORMDRAIN
28.1 3
'
1.ROAD ACCESS AND ORIENTATION TO EQUIPMENT
TO BE FINALIZED DURING FINAL DESIGN PHASE.
2.FOR FIRE SAFETY ASSUME FIRE HOSE SWEEP OF
150 FT.
GENERAL NOTES
PROPOSED PROJECT
BOUNDARY LINE
PROPOSED FENCE
POINT OF INTERCONNECT (POI)
BATTERY SEGMENT (BOL)
BATTERY SEGMENT (EOL)
POWER CONVERSION SYSTEM
LEGEND
1.ASSESSOR'S PARCEL NO: 053-410-006-000
2.PARCEL SIZE: 1.66 ACRES
3.ZONING DESIGNATION: GENERAL COMMERCIAL
4.GENERAL PLAN DESIGNATION: GENERAL
COMMERICAL
5.PROPOSED LOT COVERAGE: 0.706 ACRES (42.5%)
6.TOTAL OPEN SPACE: 36.950 SQFT (51%)
7.TOTAL LANDSCAPED AREA: 11,007 SQFT (15%)
8.FOUR-PERSON CREW FOR MAINTENANCE VISITS
ONCE EVERY TWO TO THREE MONTHS, ON
AVERAGE. OPERATIONS WILL OCCUR 24 HOURS/
DAY, 365 DAYS/ YEAR.
DATA TABLE
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
SWETHA SUNDARAM
10351592
STODOLA
GATEWAY DR.
HOLLISTER, CA
DESCRIPTIONDATEMARK
LUKAS ROWLAND
MEAGEN MELBY
HANNA WOLF
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
MASTER SITE PLAN
CITY OF HOLLISTER
S&A 2023-1
1" = 20'
2.1 STODOLA-CONCEPT-BES-E100_REV-E.dwg
CONCEPTUAL DESIGN
A 08/15/2022 CONCEPTUAL DESIGN
B 11/09/2022 ALTA AND GRADING (STN)
C 12/08/2022 LANDSCAPING (STN)
D 03/07/2023 LANDSCAPING EXPANSION (STN)
E 03/22/2023 CITY COMMENTS RESOLVED
SCALE: 1"=
020 2010
20'
SITE PLAN
SCALE: 1" = 20'
ALL WEATHER
FIRE ACCESS
GRAVEL
BATTERY YARD
10'x20' PARKING STALL
PERMEABLE DRAINAGE AREA
LANDSCAPED AREA
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 414
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
SWETHA SUNDARAM
10351592
STODOLA
GATEWAY DR.
HOLLISTER, CA
DESCRIPTIONDATEMARK
LUKAS ROWLAND
MEAGEN MELBY
HANNA WOLF
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
SITE ELEVATIONS
CITY OF HOLLISTER
S&A 2023-1
AS NOTED
2.2 STODOLA-CONCEPT-BES-E100_REV-E.dwg
CONCEPTUAL DESIGN
A 08/15/2022 CONCEPTUAL DESIGN
B 03/22/2023 CITY COMMENTS RESOLVED
A ELEVATION - BATTERY SYSTEM
SCALE: NTS
B ELEVATION - PCS ENCLOSURE
SCALE: NTS
BATTERY CONTAINER INVERTERWATER
INJ.
SYSTEM
POWER CONVERSION
SYSTEM
C ELEVATION - SWITCHGEAR LINEUP
SCALE: NTS
MV SWITCHGEAR
AUX
CABINET
XFMR CONTROL
CABINETS
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
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5.8"
20.0·
I
PROPOSED FENCE
I � PROPERTY V BOUNDARY I I I
'\ II I
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1 ' w
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----------------------------------
LEGEND ---------
-------------------
-□
PROPERTY LINE
EASEMENT
EXISTING SANITARY SEWER
EXISTING ARE WATER
EXISTING WATER
EXISTING STORM DRAIN
EXISTING DRAIN INLET
EXISTING WATER METER
EXISTING ARE HYDRANT
PROPOSED STORM DRAIN
PROPOSED FIRE WATIER
PROPOSED FIRE HYDRANT
PROPOSED BACKFLOW PREVENTER AND ENCLOSURE
:;i � FW (PRIVATE)______ _ _____ _, 4J :
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GRAPHIC SCALE
0 1 0 20 40 80
( IN FEET )
1 inch � 20 ft.
1 2 3 4 5
D
C
B
A
Stantec
38 TECHNOLOGY DRIVE, SUITE 200 IRVINE, CA 92618 949.923.6000 stantec.com
PROJECT FOR
A 03/22/2023
MARK DATE
CITY COMMENTS RESOLVED
DESCRIPTION
PROJECT NUMBER
ORIGINAL ISSUE
PROJECT MANAGER
PROJECT DESIGNER HANNA WOLF
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER LUKAS ROWLAND
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY MEAGEN MELBY
SHEET NAME
PRELIMINARY UTILITY PLAN CITY OF HOLLISTERS&A 2023-1
SCALE 1" = 20'
SHEET NUMBER
2.3 FILE NAME 629100C-EX7005 .DWG
CONCEPTUAL DESIGN
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 416
N N
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( IN FEET )
1 inch � 20 ft.
1 2 3 4
-G/\TEWA Y DRr
2 3 4
5 EARTHWORK SUMMARY
CUT
FILL
NET
670 C.Y.
155 C.Y.
515 C. Y. (EXPORT)
5 D
C
B
A
Stantec
38 TECHNOLOGY DRIVE, SUITE 200 IRVINE, CA 92618 949.923.6000 stantec.com
PROJECT FOR
STODOLA
GATEWAY DR.
HOLLISTER, CA
E 03/22/2023
D 03/07/2023
C 12/09/2022
B 11/10/2022
A 10/14/2022
MARK DATE
CITY COMMENTS RESOLVED
LANDSCAPING EXPANSION (STN)
LANDSCAPING (STN)
AL TA AND GRADING (STN)
CONCEPTUAL DESIGN
DESCRIPTION
PROJECT NUMBER 10351592
ORIGINAL ISSUE
PROJECT MANAGER SWETHA SUNDARAM
PROJECT DESIGNER HANNA WOLF
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER LUKAS ROWLAND
INTERIOR DESIGNER
EQU IPMENT PLANNER
WAYFINDING
DRAWN BY MEAGEN MELBY
SHEET NAME
PRELIMINARY GRADING AND DRAINAGE PLAN CITY OF HOLLISTERS&A 2023-1 SCALE 1" = 20'
SHEET NUMBER
5 FILE NAME 629100C-1001GP.DWG
CONCEPTUAL DESIGN
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 417
CHAIN LINK FABRIC - #9 GA MESH
OPENING 2" X 2" (AND KNUCKLE)
TIRE WIRES 24" O.C. MAX SPACING.
#7 GA. TENSION WIRES WITH TRUSS
TIGHTENERS
8'-0" MAX SPACING
8'
-
0 "
1'-0"
2'
-
6 "
3"
2"
LINE POSTS TO BE 2" SCHEDULE 40 PIPE
WITH CAPS. END/CORNER POSTS TO BE
3" SCHED 40 PIPE WITH CAPS.
1-1/4" DIA SCHED 40 TOP RAIL
(REQUIRES LINE POST TOP)
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
PRELIMINARY
6.1 TRANSFORMER
MATERIAL: METAL COLOR: WHITE
8' TALL PERIMETER CHAIN LINK FENCE
MATERIAL: METAL COLOR: SILVER
MATERIAL: METAL COLOR: WHITE
TYPICAL CONTAINER-MOUNTED LIGHT
MATERIAL: METAL COLOR: WHITE
TYPICAL WALL-MOUNTED LIGHT
MATERIAL: METAL COLOR: WHITE
BATTERY UNIT INVERTER
MATERIAL: METAL COLOR: WHITE
MATERIALS & DETAILS
ORGANIC FERTILIZER TABS
EQUAL TO 21 GRAM, 20-10-5
OR PER SOILS TEST RESULT
SCALE:3 TREE PLANTING / STAKING
NONE SCALE:2 SHRUB AND GRASSES PLANTING
NONE
IN HOLE IN ROOTBALL W/
BACK FILL MIX.
WIND DIRECTION
1. NOTES:
2. BALL
ROOT
6'
-
0 "
OF TREE.
REMOVE NURSERY STAKES
DO NOT SET STAKES TO RUB
AGAINST BARK OR BRANCHES
IF OVER 3/4" CALIPER. FILL
SCARIFY SIDES. LOOSEN3.
ROOTBALL.
MULTISTEM
NAIL OR STAPLE
TREE
WIRE TIES
BALL
ROOT
MULCH IN SHRUB AREAS - 3" MIN
WATER BASIN - 3'Ø X4" DEEP
FINISH GRADE-1-2" BELOW
BACKFILL MIX -
PLANT PIT - 2 TIMES
REMOVE AFTER THOROUGH
PLANTER PIT SATURATION
1 TAB
2 TABS
4 TABS
- 1 GALLON
- 5 GALLONS
- 15 GALLONS
1/3 AMENDED SOIL &
2/3 EXISTING SOIL
THOROUGHLY MIXED OR PER
THE DIAMETER OF THE
ROOT BALL. SCARIFY SIDES.
LOOSEN ROOTBALL.
SET PLANT 2" ABOVE FINISH
GRADE TO ALLOW FOR
SETTLEMENT OF SOIL
DEPTH OR PER PLAN. KEEP
2X ROOT BALL
(1) 21 GRAM ORGANIC EQUAL TO 20-10-5
FERTILIZER TAB OR PER SOILS TEST
LOCATE 2" FROM ROOT BALL
(2) TREE STAKES 2"Ø X 10' PRESSURE TREATED
HARDWOOD
(1) FOR CONIFERS, (3) FOR MULTI-STEM
4. BACKFILL MIX PER SOILS TEST OR 90%
NATIVE SOIL TO 10% AMENDED SOIL.
SET PLANT 1" ABOVE FINISH GRADE
ROOTBALL
DETAIL
TREE RUBBER HOSE WITH
WIRE INSIDE
(3) STAKES
IN
POSITION
3" BERM
UNDISTURBED OR
RECOMPACTED SOIL
SOILS TEST RESULT
LOCATE 2" FROM ROOTBALL
TOP OF ROOT BALL
MULCH 3" CLEAR OF ROOT CROWN
3" CLEAR, TYP.
3" CLEAR,
TYP.
`CINCH TIES` OR EQUAL
MULCH - DEPTH PER PLAN - 3" CLEAR
OF ROOT CROWNS
FINISH GRADE-
1-2" BELOW TOP OF ROOTBALL
3"D X 4" WATER BASIN. REMOVE AFTER
ONE YEAR.
SCALE:1 CHAINLINK FENCE
1/2" = 1'-0"
PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 418
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
PRELIMINARY
IRRIGATION DETAILS
6.2 PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
'CARSON-BROOKS 910'
VALVE BOX WITH BOLT/LOCK
FINISH GRADE 1" BELOW
GATE VALVE
PVC MAINLINE
1 C.F. PEA GRAVEL
OR EQUAL
PVC SCH 40 MAINLINE
CONTROLLER, RUN WIRES
PVC ELL
CONTROL WIRES TO
1 CUBIC FT. DRAIN ROCK
ALONG MAINLINE WHERE
POSSIBLE-TAPE AND
PVC CLASS 200 LATERAL
4. 3.
2. NOTES:
1. PVC SCH 40 NIPPLE
PVC ADAPTER/UNION
FINISH GRADE
VALVE BOX CHRISTY
ELECTRIC VALVE
FL30 OR EQUAL,
SCH.40 PVC TxT 90° ELL
NOTES:SCH. 40 PVC SXSXT TEE
SCH. 40 PVC 90° STREET ELL
SCH.40 PVC NIPPLES
(6" LONG)
FINISH GRADE
1/2" ABOVE FINISH GRADE
24"HEADER
NOZZLE, PER PLAN
WALK, CURB, OR
POP-UP SPRINKLER
BODY
12 "
M
I
N
.
12" GALVANIZED NIPPLE
TOP VIEW
SIDE VIEW
VALVE BOX
GALVANIZED ELL
PVC TEE
PVC MAINLINE
GALVANIZED ELLS
GALVANIZED NIPPLE
1 C.F. PEA GRAVEL
VALVE BOX CARSON-BROOKS 910 OR
EQUAL, WITH BOLT/LOCK
CONTROL WIRE SLEEVE
6"
2"
6" TYPICAL
24 "
M
I
N
I
M
U
M
PRESSURE MAINLINE SLEEVE
TOP OF VALVE BOX
(2) BRICKS
ATTACH BUNDLE 10' OC
COIL 18" SLACK, EACH WIRE, IN VALVE BOX
SPLICE WIRES ONLY IN VALVE BOX
USE WATER-PROOF WIRE CONNECTORS FOR ALL WIRE SPLICES.
SET VALVE BOXES ON BRICKS, (3) FOR ROUND BOXES, (4) FOR RECT.
CLEAN BACKFILL-SEE SPEC'S
FOR MATERIAL, 90%
COMPACTION REQUIRED
NON-PRESSURE LATERAL LINE,
SNAKE PIPE IN TRENCH
12" OF CLEAN SAND,
SETTLE WITH WATER
CONCRETE OR
AC PAVING
2" ANGLE IRON WITH SS PIPE
STRAPS. 24" LENGTH MINIMUM
QUICK COUPLER VALVE W/
LOCKING CAP
FINISH GRADE - 1" BELOW
VALVE BOX
1. LOCATE HEAD 2" FROM WALKS, CURB, MOW STRIP, HEADER BOARD, OR EDGE OF LAWN.
2. LOCATE STREAM SPRAY/BUBBLERS 6" FROM ALL STRUCTURES, AND SPRAY HEADS 12" FROM ALL STRUCTURES.
3. USE TEFLON TAPE ON ALL MALE THREADS.
NOTES:
1. ALL SLEEVES TO BE SCH. 40 PVC.
2. EXTEND ALL SLEEVES 18" BEYOND EDGE OF PAVING AND SEAL WITH DUCT TAPE AT BOTH ENDS, PRIOR TO BACKFILLING.
3. ALL SLEEVES TO BE TWICE DIAMETER OF PRESSURE SUPPLY LINE OR LATERAL LINE.
4. ALL WIRE CONNECTIONS SHALL BE MADE WITH EPOXY-FILLED, WATER-PROOF CONNECTORS.
SPLICES TO BE IN VALVE BOXES ONLY. NO IN-LINE SPLICES.
SCH. 40 PVC 90°
STREET ELL
LATERAL LINE, SEE
PLAN FOR PIPE
CLASS AND MINIMUM
BURIAL DEPTH
SCALE:7 4" & 6" POP-UP SPRINKLER BUBBLER
NONE
SCALE:6 PIPE SLEEVING (BELOW PAVING)
NONE
SCALE:3 QUICK COUPLER IN VALVE BOX
NONE
SCALE:4 ELECTRIC VALVE ASSEMBLY
NONE
SCALE:5 GATE VALVE
NONE
(2) BRICKS
(2) BRICKS
WITH BOLT/LOCK
OR PREFAB
ASSEMBLY
OR PREFAB
ASSEMBLY
3" GALVANIZED
NIPPLE
3" GALVANIZED
NIPPLE
6" MIN
18 "
M
I
N
12 "
M
I
N
SETTLED
2" BED OF SAND, WATER
CHANGES IN DIRECTION
12" TO 18" COIL AT 90°
AT 10' INTERVALS. PROVIDE
IV
LATERAL PIPE, CLASS 200 PVC
IN TRENCH
MAINLINE. BUNDLE AND TAPE
ATTACH TO
CONTROL WIRES,
TRENCH
(SCH 40 PVC) SNAKE IN
CONSTANT PRESSURE MAINLINE
SNAKE FROM SIDE TO SIDE
INTERMITTENT PRESSURE
FINISH GRADE
WALL OF TRENCH
COMPACTED TO 90%
SUBGRADE
CLEAN BACKFILL SOIL,
AMENDED PER SPECIFICATIONS
NOTES:
1. CONTROL WIRES TO BE #14 AWG DIRECT BURIAL
2. WIRE RUNS TO BE CONTINUOUS, NO IN-LINE SPLICING
3. ALL WIRE SPLICES TO BE WITH WATER-PROOF CONNECTORS, AND OCCUR ONLY IN VALVE BOXES SCALE:2 IRRIGATION PIPE TRENCH
NONE
3"
M
I
N
IPS FLEX PIPE
CO
D
E
FITTINGS, TYP.
R
DC805
YFEB
C
O
S N
B64.5
F
140°
M
A
X
M
W
W
P
1 7
5 PIPING MATERIAL & THRUST BLOCK REQUIREMENTS SHALL BE
AS SPECIFIED BY LOCAL CODE.
1. 2.
(TYP) FOR DISSIMILAR METALS
DIELECTRICAL FITTING
PE
R
L
O
C
A
L
BACKFLOW PREVENTER
LINE SIZE BALL VALVES
UNION
FINISH GRADE
TO SITE
1'x1'x1' CONC. THRUST BLOCK
FOR GREATER THAN 2"
SERVICE
NOTES:
FOR ENCLOSURE, SEE DETAIL THIS SHEET
AS NEEDED
6"VARIES6"
CONTRACTOR TO PROVIDE WEATHERMATIC ALL-WEATHER COVER OR EQUAL3.
NOTE:
1. CONTRACTOR TO PROVIDE WEATHERMATIC ALL-WEATHER COVER OR EQUAL ON BACKFLOW PREVENTER.
PRE-FABRICATED STEEL CAGE (FOREST GREEN OR BLACK) AS
MANUFACTURED BY LE MEUR WELDING CO. SIZE AND MODEL
NUMBER AS APPROPRIATE FOR SPECIFIED BACKFLOW
PREVENTER.
4" CONCRETE REINFORCED W/
W.W.F. 4"X4" W 1.4X1.4, OVER SUBGRADE. ENCASE THREADED
GALVANIZED RISERS FOR BACKFLOW PREVENTER AND VERIFY
RISER SPACING TO ENSURE CAGE WILL OPEN AND CLOSE (NO
FITING TO BE ENCASED).
3/8" GALVANIZED U-BOLTS, NUTS AND WASHER
(ALLIGNED WITH CAGE HASP) FOR LOCKING PROVIDE
BRASS PADLOCK (AS APPROVED BY OWNER'S REP.)
WITH KEYS (TAGGED FOR ID) TO OWNER.
FINISH GRADE
SCALE:1 BACKFLOW PREVENTER AND ENCLOSURE
NONE
1. ALL ELECTRICAL WORK MUST CONFORM TO LOCAL CODES. REFER TO PRODUCT LITERATURE FOR ADDITIONAL INSTALLATION REQUIREMENTS.
2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS 1 2
3 CLIMATE SENSOR -
SURFACE/POST MOUNT
CLIMATE SENSOR WITH
GUTTER MOUNT
SENSOR CABLE
SEN PORTS CONTROLLER
CLIMATE SENSOR RECEIVER
MODULE - 785' LINE OF SIGHT
REQUIRED TO SENSOR.
1 CLIMATE SENSOR MOUNTED OUTDOORS
ON FLAT SURFACE USING SCREWS.
2 CLIMATE SENSOR MOUNTED ON A RAIN GUTTER
3 CLIMATE SENSOR RECEIVER MODULE MOUNTED
INDOORS NEAR THE COMPATIBLE CONTROLLER.
MOUNT WITH SCREWS AT EYE LEVEL OR IF IN A
SECURE AREA, MOUNT ON HOOK AND LOOP TYPE
STRIPS FOR DISMOUNTING AND HANDHELD
PROGRAMMING UTILIZING THE SLACK IN THE CORD.
LEGEND:
NOTES:
SCALE:8 WIRELESS CLIMATE SENSOR
NONE
METAL VALVE NUMBER TAG
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 419
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
PRELIMINARY
IRRIGATION DETAILS
6.3 PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
COMMON WIRE
AUTOMATIC CONTROLLER
STAINLESS STEEL PEDESTAL
TAPE CONTROL WIRES
@ 10' O.C. TO BOTTOM
CONTROL WIRES
FINISH GRADE
OF MAINLINE
ELECTRICAL CONDUIT
SIZE AS NEEDED
120 V. WIRES
IN CONDUIT
ANCHOR BOLTS PER MFG.
16"x12"x12" CONCRETE
FOOTING MIN. OR PER MFG.
1. ALL WIRING INSTALLED PER LOCAL CODE AND MANUFACTURER'S RECOMMENDATIONS.
NOTE:
LOCKING STAINLESS STEEL CAB.
MANUAL SHUT OFF
1 C.F. 3/4" DRAIN ROCK MIN.
COMPACTED SOIL
SCALE:9 FLOW SENSOR (SHUT-OFF) & MASTERVALVE
NONE
SCALE:8 PEDESTAL MOUNTED CONTROLLER
NONE
SECTION - MASTER VALVE
NOTES:
1.VALVE SHALL BE LINE SIZE UNLESS OTHERWISE NOTED.
2.PLACE IN VALVE BOX AT RIGHT ANGLES TO STRUCTURES OR HARDSCAPING.
3.REFER TO SPECS. AND PLAN SHEETS FOR MORE INFORMATION.
4.THE INSTALLATION OF A BALL VALVE UPSTREAM OF THE MASTER VALVE IS RECOMMENDED.
FLOW
4"
C
L
R
.
M
I
N
.
PLASTIC VALVE BOX W/ BOLT DOWN COVER
WITH BOX EXTENSION IF REQUIRED, REFER
TO SPECS. HEAT BRAND VALVE NUMBER
ON LID.
MASTER CONTROL VALVE.
FINISH GRADE.
PIG TAIL EXPANSION LOOP
(MIN. 18").
CONTROL AND COMMON
WIRES.
SCH. 80 PVC FLANGES,
TYP. 2 PLACES.
PVC MAIN LINE.
STANDARD BRICK AT 4
CORNERS.
6" DEPTH OF PEA GRAVEL.
SECTION - FLOW SENSOR
TO
IRRIGATION
PLAN
JUMBO PLASTIC VALVE BOX W/ (2) 6"
EXTENSIONS AND LOCKING COVER.
FLOW SENSOR. ENSURE ADEQUATE OPERATION AT
LOW VOLUMETRIC FLOW RANGES (I.E. GPM).
COMMUNICATION WIRES TO
CONTROLLER.
PRESSURE MAIN LINE.
STANDARD BRICK IN 2 PLACES.
6" DEPTH OF PEA GRAVEL.
MASTER VALVE
UPSTREAM: KEEP PIPE DIA.
CONSISTENT FOR A LENGTH 10X
THE PIPE DIA.
DOWNSTREAM: KEEP
PIPE DIA. CONSISTENT
FOR A LENGTH 5X THE
PIPE DIA.
UPSTREAM: KEEP PIPE DIA.
CONSISTENT FOR A LENGTH
10X THE PIPE DIA.
DOWNSTREAM: KEEP PIPE DIA.
CONSISTENT FOR A LENGTH
5X THE PIPE DIA.
FINISH GRADE.
FLOW SENSOR. ENSURE ADEQUATE
OPERATION AT LOW VOLUMETRIC FLOW
RANGES (I.E. GPM).
REMOTE CONTROL VALVE WITH DISC FILTER AND PRV
AREA PERIMETER
PERIMETER LATERALS 2" TO 4" FROM EDGE
TECHLINE® DRIPLINE
TECHLINE® START CONNECTION MALE ADAPTER
PVC EXHAUST HEADER
MF
MF
PVC SUPPLY HEADER
MANUAL FLUSH VALVE
PLUMBED TO PVC (TYP)
TECHLINE® START CONNECTION
MF
PVC SUPPLY HEADER
®
REMOTE CONTROL VALVE WITH
DISC FILTER AND PRV
TECHLINE® START CONNECTION
MALE ADAPTER
AREA
PERIMETER
PVC EXHAUST HEADER
PERIMETER LATERALS 2" TO 4"
FROM EDGE
MANUAL FLUSH VALVE PLUMBED
TO PVC
SEE PLANS FOR
TECHLINE®
DRIPLINE SPACING
SUB GRADE
FINISH GRADE
3"-6"
SEE
PLANS
SEE
PLANS
FINISH GRADE
TECHLINE® 180-DEGREE
TWO-WAY TEE
TECHLINE® TUBING
3/4" SCH 80
PVC NIPPLE
PVC TEE (SxSxT)
PVC PIPING
SCALE:10 DRIP CONTROL VALVE
NONE
SCALE:4 TECHLINE® CENTER FEED LAYOUT
NONE
SCALE:7 TECHLINE® START CONNECTION W/PVC RISER
NONE SCALE:3 TECHLINE® SUBGRADE INSTALLATION
NONE
SCALE:6 TECHLINE® MANUAL LINE FLUSH VALVE
NONE
SCALE:5 TECHLINE® END FEED LAYOUT
NONE
SCALE:2 DRIP INDICATOR
NONE
DRIP INDICATOR - LOCATE AT
FARTHEST AND/OR HIGHEST
POINT IN ZONE. CONNECT WITH
BARB CONNECTOR.
DRIP INDICATOR - LOCATE AT FARTHEST
AND/OR HIGHEST POINT IN ZONE. CONNECT
WITH BARB CONNECTOR.
RAINBIRD XERI-POP CAN UTILIZE THE FOLLOWING NOZZLES:
SQ SQUARE NOZZLE (FORMERLY XPCN)
5 SERIES MPR NOZZLES (ALL CONFIGURATIONS)
5 SERIES PLASTIC BUBBLERS
8 SERIES MPR NOZZLES (8H, 8T AND 8Q)
INSTALL 1 PER VALVE
SUBMIT MFG. CUT SHEET FOR APPROVAL.
1. 2.
3. 1/4" DISTRIBUTION TUBING (LENGTH AS REQUIRED)
DRIP SYSTEM OPERATION INDICATOR KIT
1/4" SELF-PIERCING BARB CONNECTOR
1/2 POLYETHYLENE TUBING
FINISH GRADE
BARK MULCH OR PLANTING
O
O
8" ROUND PLASTIC VALVE BOX
PVC BALL VALVE
PVC EXHAUST HEADER
BRICK SUPPORTS
(THREE)
3/4" GRAVEL SUMP
(1 CUBIC FOOT)
PLAN VIEW
NOTE:
1. TOP OF VALVE BOX TO BE
SET 1" ABOVE FINISH GRADE.
PVC TO POLY COMPRESSION
ADAPTER
8" LONG POLY LINE -
FLUSH LINE OUTSIDE VALVE BOX
1/2" MPT FITTING
TOP SOIL
6"-8" DIA. ROUND, PLASTIC
VALVE BOX
1/4" PEA GRAVEL
1/2" BALL VALVE
MULCH (DEPTH PER PLAN)
FINISH GRADE
1/2" IPS FLEX HOSE
- TO PVC LATERAL
(6" BELOW GRADE)
SCALE:
FLUSH CAP / VALVE
NONE
EMITTER, TYP.
ROOT CROWN
EDGE OF ROOTBALL
5 GAL. SHRUB
EDGE OF ROOTBALL
1 GAL. SHRUB
EMITTER SCHEDULE/PLACEMENT - PLAN VIEW:
UPHILL 6"-9"
OR JUST OUTSIDE ROOT BALL
(JUST WITHIN WATERING
BASIN)
RAINBIRD DRIP EMITTER
W/ 1/2" FPT INLET:
XBT-10PC BLK (1 GAL) - (2) PER 1 GAL SHRUB
XBT-20PC RED (2 GPH) - (2) PER 5 GAL. SHRUB
PCT-10 GREEN 1/2" THREADED BUBBLER
(2) PER 15 GAL TREE,
(4) PER 24" BOX AND GREATER
PVC LATERAL LINE, SEE PLAN
FOR PIPE CLASS AND MINIMUM
BURIAL DEPTH
3"
FINISH GRADE
ADDITIONAL IN LINE P.R.V.'S TO BE INSTALLED IF PRESSURE
EXCEEDS DRIPPER AND IF LOW EMITTER DRAINAGE OCCURS
WHEN RCV SHUTS OFF. CONTRACTOR TO TEST SYSTEM AND ADD
IN-LINE CHECK VALVE AS NEEDED.
USE PCT-THREADED BUBBLERS ON NEW TREES.
USE TEFLON TAPE ON ALL THREADED CONNECTIONS.
PROVIDE (1) FLUSH CAP/VALVE PER CIRCUIT.
SCALE:1 DRIP EMITTER ASSY
NONE
1. 2.
3. PVC SCH 40 1/2" S X S X FPT TEE
EDGE OF 24" BOX ROOT BALL
SEE NOTE 2.
EDGE OF 15 GAL. ROOT
BALL. SEE NOTE 2.
4. 1/2" IPS FLEX HOSE
(NDS ID 0.546, OD 0.84, OR
EQUAL)
1/2" IPS FLEX HOSE
1/2" MPT ON FLEX HOSE
3" COVERAGE,
TYP.
1/2" FPT X FPT X FPT TEE
(4) 1/2" MPT
CONNECTORS ON
FLEX HOSE
PVC MAIN LINE
FINISH GRADE
1 C.F. PEA GRAVEL
3"
ELECTRIC VALVE
Y STRAINER/FILTER
PVC LATERAL
BALL VALVE
PROVIDE METAL VALVE TAG
JUMBO NDS 117 BC OR
CHRISTY JUMBO VALVE BOX
OR EQUAL 1" ABOVE
FINISHING GRADE
PVC ADAPTER/ UNION
PRESSURE REGULATOR WITH PVC
ADAPTER UNION
CONTROL WIRES TO
CONTROLLER -
USE WATER TIGHT
CONNECTORS
COMMON WIRE TO OTHER
VALVES ON SAME
CONTROLLER
8" BARBED JUTE NET STAKE OR EQUAL AT EMITTERS, TYP.
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 420
0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.3 0.3 0.3 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.2 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.1 0.2 0.3 0.5 0.6 0.8 0.9 0.8 0.8 0.7 0.4 0.3 0.1 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.5 0.6 0.7 0.9 0.8 0.8 0.7 0.4 0.3 0.1 0.1 0.1 0.2 0.3 0.5 0.8 0.9 0.9 1.0 0.9 0.9 0.8 0.5 0.3 0.2 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.5 0.8 0.9 0.9 1.0 0.9 0.9 0.8 0.5 0.3 0.2 0.1 0.1 0.2 0.3 0.5 0.7 0.8 0.8 0.8 0.8 0.7 0.6 0.5 0.3 0.2 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.5 0.7 0.8 0.8 0.8 0.8 0.7 0.6 0.5 0.3 0.2 0.1 0.1 0.2 0.3 0.4 0.5 0.5 0.5 0.5 0.4 0.4 0.3 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.4 0.5 0.5 0.5 0.5 0.5 0.4 0.3 0.3 0.2 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0
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0.0 0.0 0.0 0.0 0.1 0.1 0.4 0.8 0.9 0.7 0.4 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 0.8 0.9 0.5 0.1 0.1 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.8 0.9 0.9 0.6 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.5 0.8 0.9 0.6 0.2 0.1 0.0 0.0
0.0 0.0 0.0 0.0 0.1 0.1 0.4 0.9 1.0 0.8 0.5 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.5 0.9 1.0 0.8 0.2 0.1 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.5 0.9 0.9 0.7 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.5 0.8 1.0 0.8 0.2 0.1 0.0 0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.7 0.9 0.8 0.5 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.5 0.8 0.9 0.7 0.2 0.1 0.0 0.0
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0.0 0.0 0.0 0.0 0.0 0.0
57 .
7 2
'
28.61'
105.30'
19 .
8 1
'
7.98'
4.75'
7.07'
22.61'
3.60'
9.04'
5.53'
A
E1
0 1
A
E1
0 1
B
E1
0 1
B
E1
0 1
C
E101 C
E101
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
SWETHA SUNDARAM
10351592
STODOLA
GATEWAY DR.
HOLLISTER, CA
DESCRIPTIONDATEMARK
LUKAS ROWLAND
MEAGEN MELBY
HANNA WOLF
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
PHOTOMETRIC
PLAN
CITY OF HOLLISTER
S&A 2023-1
1" = 20'
6.4 E1.dwg
CONCEPTUAL DESIGN
SCALE: 1"=
020 2010
20'
SITE PLAN
SCALE: 1" = 20'
PRELIMINARY
NOT FOR CONSTRUCTION
F.1.e
Packet Pg. 421
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
SWETHA SUNDARAM
10351592
STODOLA
GATEWAY DR.
HOLLISTER, CA
DESCRIPTIONDATEMARK
LUKAS ROWLAND
MEAGEN MELBY
HANNA WOLF
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
POLE DETAIL/CUT SHEET
CITY OF HOLLISTER
S&A 2023-1
1" = 20'
6.5 E2.dwg
CONCEPTUAL DESIGN
SCALE: 1"=
020 2010
20'
F.1.e
Packet Pg. 422
F
F
F
F
FFF
F
F
F
F
F
GATEWAY DRIVE
FIRE ZONE "B"
FIRE ZONE "C"
FIRE ZONE "A"
TREES QTY BOTANICAL NAME COMMON NAME CONT HT X WIDTH WATER USE 4 EXISTING OFF-SITE TREE TO REMAIN AND PROTECT IN PLACE -EXISTING 9 EXISTING ON-SITE TREE TO REMOVE EXISTING
2 LAGERSTROEMIA INDICA, NATCHEZ, STD.CRAPE MYRTLE, DECIDUOUS 15 GAL 25`X20`LOW 3 LAGERSTROEMIA INDICA, NATCHEZ, STD.CRAPE MYRTLE, DECIDUOUS 24"BOX 25`X20`LOW 1 LAGERSTROEMIA INDICA, NATCHEZ, STD.
MINIMUM 4" DIA TRUNK CRAPE MYRTLE, DECIDUOUS 36"BOX 25`X20`LOW 1 LAGERSTROEMIA INDICA, NATCHEZ, STD.
FLOWERING STREET TREE - 25' DIA,
MINIMUM 4" DIA TRUNK, MIN 4' HEAD AND 8-12' TALL AT
PLANTING
CRAPE MYRTLE, DECIDUOUS 48"BOX 25`X20`LOW
4 LAURUS X 'SARATOGA' STANDARD SARATOGA LAUREL, EVERGREEN 15 GAL 20`H X 20`W LOW
BOTANICAL NAME COMMON NAME HT X WIDTH WATER USE
PLANT SCHEDULE
SYMBOL DESCRIPTION QTY
TOPDRESSING - DECOMPOSED GRANITE, 3" DEEP. 885 SF
COLOR: TAN.
3/4" GRAVEL (INTERIOR EQUIPMENT AREAS) 3" DEEP, 26,399 SF GREY
REFERENCE NOTES SCHEDULE
SHRUBS QTY BOTANICAL NAME COMMON NAME CONT HT X WIDTH WATER USE 11 CEANOTHUS X 'LOUIS EDMONDS WILD LILAC 1 GAL 6`X8`LOW 12 FRANGULA CALIFORNICA 'EVE CASE'EVE CASE COFFEEBERRY 1 GAL 5`X5`LOW 9 FRANGULA CALIFORNICA 'EVE CASE'EVE CASE COFFEEBERRY 5 GAL 5`X5`LOW 24 GARRYA ELLIPTICA COAST SILKTASSEL 1 GAL 6`X6`LOW
17 LIGUSTRUM JAPONICUM 'TEXANUM'JAPANESE PRIVET 5 GAL 6`X6`LOW 20 RHAPHIOLEPIS INDICA `SPRINGTIME`SPRINGTIME INDIAN HAWTHORN 5 GAL 6`X6`LOW 20 RHUS INTEGRIFOLIA LEMONADE BERRY 5 GAL 6`X6`LOW
5 XYLOSMA CONGESTUM 'COMPACTA'SHINY XYLOSMA 5 GAL 6`X8`LOW
GROUND COVERS QTY BOTANICAL NAME COMMON NAME CONT HT X WIDTH WATER USE SPACING 3,070 SF
BIO-RETENTION AREA WITH GRASSES
DROUGHT TOLERANT, LOW GROWING. PLANTS PER C-3 LID
MANUAL.
MUHLENBERGIA, CHONDROPETALUM, FESTUCA,1 GAL 3`X3`LOW 24" o.c. 936 SF COTONEASTER DAMMERI 'LOWFAST'LOWFAST BEARBERRY COTONEASTER 1 GAL 1`X8`LOW 48" o.c. 3,673 SF MYOPORUM PARVIFOLIUM TRAILING MYOPORUM 1 GAL 1`X8`LOW 48" o.c.
B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
GRAPHIC SCALE
PRELIMINARY
LANDSCAPE PLAN
ALL WEATHER
FIRE ACCESS
SITE / POWER LEGEND
LIGHTS (NOT SHOWN)
SIDEWALK
7.1 CITY OF HOLLISTER REQUIREMENTS MET -
GENERAL COMMERCIAL ZONE
XX
PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
PROPOSED 8' TALL
CHAIN LINK FENCE
PRELIMINARY
NOT FOR CONSTRUCTION
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B
A
C
D
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B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
GRAPHIC SCALE
EXISTING LANDSCAPE
7.2 PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
LEGEND
PRELIMINARY
NOT FOR CONSTRUCTION
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B
A
C
D
4321 5
B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
PRELIMINARY
NOTES & CALCS
7.3 GENERAL NOTES
PROPOSED TREES
PROPOSED PLANTINGS IN BIORETENTION BASIN
PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
PROPOSED SHRUBS
PROPOSED GROUNDCOVERS
FIRE PREVENTION NARRATIVE
ZONE A (0-30' FROM STRUCTURE):
·NO TREES PROVIDED WITHIN ZONE A.
·PLANTED WITH LOW SHRUBS. BIO-RETENTION BASIN PLANTED WITH FIRE-RESISTANT GRASSES.
ZONE B (30'-100' FROM STRUCTURE):
·PERIMETERS ARE PLANTED WITH WIDELY SPACED TREES AND LOW SHRUBS TO SCREEN VIEWS. ·2:1 AND 3:1 SLOPES ARE PLANTED WITH WIDELY SPACED GROUNDCOVERS ·TREES AND SHRUBS ARE WIDELY SPACED TO REDUCE HORIZONTAL AND VERTICAL FUEL LADDERS. ·NO HEDGES USED.
·NO SHRUBS GREATER THAN 3' TALL (AT MATURITY) ARE PLANTED UNDER TREE CANOPIES.
ZONE C (100' AND GREATER):
·THE LANDSCAPE IS TO BE LEFT IN IT'S NATIVE STATE.PRELIMINARY
NOT FOR CONSTRUCTION
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M
C
EN
MV
S
F
DI
M
CONTRACTOR TO FIELD LOCATE
FLUSH VALVE FOR ALL DRIP
AREAS/CIRCUITS AS NEEDED TO
ADEQUATELY FLUSH SYSTEM.FOR RCV #4 (BIO-RETENTION AREA) CONTRACTOR MAY NEED TO
PROVIDE SUPPLEMENTAL HAND WATERING OR MAY NEED TO ADJUST
SPACING DOWN OF BOTH THE EMITTERS AND LATERALS ACCORDING TO THE TYPE OF SOIL PLACED IN BIO-RETENTION AREAS. DO NOT
INSTALL IRRIGATION UNTIL THE SOIL TYPE IS CONFIRMED AND MATCHED TO THE NETAFIM SOILS INSTALLATION RECOMMENDATIONS.
DI2
112"
112"
1"
271.6
272.8
275.5
274.7
171.2
1"
112"
114"
1"
DI2
112"112"
SYMBOL MANUFACTURER/MODEL/DESCRIPTION PSI
HUNTER PROS-04-CV-PCN BUBBLER 10
FLOOD BUBBLER, 4" POP-UP, DRAIN CHECK VALVE. (2)
0.25 BUBBLERS PER TREE. FLUSH WITH GRADE.
30 SYMBOL MANUFACTURER/MODEL/DESCRIPTION
FLUSH/BALL VALVE - PVC
MANUAL FLUSH VALVE, WITH PVC TO POLY
COMPRESSION ADAPTER OR 1/2" IPS FLEX HOSE
ADAPTER. INSTALL IN 8" BOX, WITH ADEQUATE BLANK
TUBING TO EXTEND VALVE OUT OF VALVE BOX.
NETAFIM TLSOV FLUSH VALVE - BARBED
NETAFIM TLSOV- 1/2" MANUAL FLUSH VALVE, BARBED
INSERT. INSTALL IN 10" BOX, WITH ADEQUATE BLANK OR
"COBRA" TUBING TO EXTEND VALVE OUT OF VALVE BOX.
2/3 IN FITS TECHLINE HCVXR, HCVXR-RW/RWP, CV, DL,
RW AND RWP DRIPLINES, AND PE IRRIGATION HOSE
RAIN BIRD OPERIND
DRIP SYSTEM OPERATION INDICATOR, STEM RISES 6IN.
FOR CLEAR VISIBILITY WHEN DRIP SYSTEM IS CHARGED
TO A MINIMUM OF 20PSI. INCLUDES 16IN. OF 1/4IN.
DISTRIBUTION TUBING WITH CONNECTION FITTING
PRE-INSTALLED.
RAIN BIRD OPERIND
DRIP SYSTEM OPERATION INDICATOR, STEM RISES 6IN.
FOR CLEAR VISIBILITY WHEN DRIP SYSTEM IS CHARGED
TO A MINIMUM OF 20PSI. INCLUDES 16IN. OF 1/4IN.
DISTRIBUTION TUBING WITH CONNECTION FITTING
PRE-INSTALLED.
RAIN BIRD XBT-PC
SINGLE OUTLET, PRESSURE COMPENSATING DRIP
EMITTERS. FLOW RATES OF 0.5 GPH=BLUE, 1.0
GPH=BLACK, AND 2.0 GPH=RED. COMES WITH A 1/2" FPT
INLET X BARB OUTLET.
AREA TO RECEIVE DRIPLINE
NETAFIM TLHCVXR-053-18 DRIPLINE
TECHLINE TLHCVXR PRESSURE COMPENSATING
LANDSCAPE DRIPLINE WITH CHECK VALVE AND
ANTI-SIPHON FEATURE. 0.53 GPH EMITTERS AT 18" O.C.
DRIPLINE LATERALS SPACED AT 24" APART, WITH
EMITTERS OFFSET FOR TRIANGULAR PATTERN. 17MM.
INSTALL EACH DRIP AREA WITH DISTRIBUTION HEADER
& FOOTER AND MIN 1 FLUSH VALVE AND 1 DRIP
INDICATOR PER PLANTER BED.
SYMBOL MANUFACTURER/MODEL/DESCRIPTION
IRRITROL 700
ELECTRIC REMOTE CONTROL VALVE
RAIN BIRD 44-LRC QUICK COUPLER VALVE
1" BRASS QUICK-COUPLING VALVE, WITH
CORROSION-RESISTANT STAINLESS STEEL SPRING,
LOCKING THERMOPLASTIC RUBBER COVER, AND
2-PIECE BODY. WITH LOCKING COVER & 2 KEYS, 2
SWIVEL HOSE ELLS. FLUSH WITH GRADE.
NIBCO T-113-LF SERIES
BRONZE GATE VALVE IN VALVE BOX, SIZE PER LINE.
BUCKNER-SUPERIOR 3100-PRS MASTER VALVE 1"
NORMALLY OPEN BRASS MASTER VALVE THAT
PROVIDES DIRTY WATER PROTECTION. PRESSURE
REGULATION FEATURE. INSTALL SAME SIZE AS
MAINLINE, IN VALVE BOX WITH FLOW SENSOR, USE 3M
DBR-Y600 WEATHERTIGHT CONNECTORS.
FEBCO 825Y-LF BACKFLOW PREVENTER 1"
REDUCED PRESSURE BACKFLOW PREVENTER-LEAD
FREE
, WITH ALL-WEATHER BLANKET AND SECURITY
ENCLOSURE. INSTALL PER LOCAL CODES.
HUNTER IC-0600-M CONTROLLER - PEDESTAL MOUNTED
MODULAR 6 STATION CONTROLLER, OUTDOOR MODEL,
METAL CABINET.
WITH CLIMATE SENSOR AND FLOW-SYNC SENSOR.
HUNTER WSS-SEN CLIMATE SENSOR
WIRELESS SOLAR, RAIN FREEZE SENSOR WITH
OUTDOOR INTERFACE, CONNECTS TO HUNTER X-CORE
AND ACC CONTROLLERS, INSTALL AS NOTED, MOUNT ON
FENCE POST & CLEAR OF TREES.
HUNTER HFS-200 FLOW SENSOR
FLOW SENSOR FOR USE WITH ACC CONTROLLER, 2"
SCHEDULE 40 SENSOR BODY, 24 VAC, 2 AMP. INSTALL IN
VALVE BOX WITH MASTERVALVE. OBSERVE SETBACKS
PER MANUFACTURER.
BACKFLOW PREVENTER ENCLOSURE
WATER METER 1"
IRRIGATION LATERAL LINE: PVC SCHEDULE 40
IRRIGATION MAINLINE: PVC SCHEDULE 40
18" COVER
PIPE SLEEVE: PVC SCHEDULE 40
2X LINE SIZE, BY GENERAL CONTRACTOR EXCEPT
WHERE KEYNOTED. 24" COVER WITH 6" SAND BED.
EXTEND 18" BEYOND BACK OF CURB.
25 50 10 20
F
DI
DI2
1.0 2.0
MV
C
S
EN
M
Valve Number
Valve Size
Valve Flow
Valve Callout
##
#"
IRRIGATION SCHEDULE
Generated:2023-03-21 14:14
P.O.C. NUMBER: 01
Water Source Information:
FLOW AVAILABLE
Water Meter Size:1"
Flow Available 37.5 GPM
PRESSURE AVAILABLE
Static Pressure at POC:65 PSI
Elevation Change:0.00 ft
Service Line Size:2"
Length of Service Line:20 ft
Pressure Available:65 PSI
DESIGN ANALYSIS
Maximum Station Flow:23.42 GPM
Flow Available at POC:37.5 GPM
Residual Flow Available:14.08 GPM
Critical Station:3
Design Pressure:30 PSI
Friction Loss:1.21 PSI
Fittings Loss:0.12 PSI
Elevation Loss:0 PSI
Loss through Valve:0.47 PSI
Pressure Req. at Critical Station:31.8 PSI
Loss for Fittings:0.13 PSI
Loss for Main Line:1.3 PSI
Loss for POC to Valve Elevation:0 PSI
Loss for Backflow:10.8 PSI
Loss for Master Valve:3.66 PSI
Loss for Water Meter:3.23 PSI
Critical Station Pressure at POC:50.9 PSI
Pressure Available:65 PSI
Residual Pressure Available:14.1 PSI
CRITICAL ANALYSIS
NUMBER MODEL SIZE TYPE GPM DESIGN PSI FRICTION LOSS VALVE LOSS PSI PSI @ POC PRECIP 1 IRRITROL 700 3/4"BUBBLER 5.5 30 2.3 0.9 33.2 45.6 0.92 in/h 2 IRRITROL 700 3/4"DRIP EMITTER 0.82 10 0.08 0.38 10.5 22.5 0.07 in/h 3 IRRITROL 700 1-1/2"AREA FOR DRIPLINE 23.42 30 1.33 0.47 31.8 50.9 0.41 in/h 4 IRRITROL 700 1"AREA FOR DRIPLINE 13.09 30 0.68 2.3 33.0 4.1 0.41 in/h
VALVE SCHEDULE
B
A
C
D
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B
A
C
D
4321 5
PROJECT FOR
SCALE
SHEET NAME
SHEET NUMBER
PROJECT NUMBER
PROJECT MANAGER
ORIGINAL ISSUE
PROJECT DESIGNER
PROJECT ARCHITECT
LANDSCAPE ARCHITECT
CIVIL ENGINEER
STRUCTURAL ENGINEER
MECHANICAL ENGINEER
ELECTRICAL ENGINEER
INTERIOR DESIGNER
EQUIPMENT PLANNER
WAYFINDING
DRAWN BY
FILE NAME
DESCRIPTIONDATEMARK
38 TECHNOLOGY DRIVE, SUITE 200
IRVINE, CA 92618
949.923.6000 stantec.com
CITY OF HOLLISTER
S&A 2023-1
CONCEPTUAL DESIGN8/15/22A
ALTA AND GRADING (STN)11/9/22B
LANDSCAPING (STN)12/8/22C
LANDSCAPING EXPANSION (STN)3/7/23D
CITY COMMENTS RESOLVED3/21/23E
GRAPHIC SCALE
PRELIMINARY
IRRIGATION PLAN
7.4 PRELIMINARY
NOT FOR
CONSTRUCTION
Not for permits, pricing or other official purposes.
This document has not been completed or
checked and is for general information or
comment only.
WATER CONSERVATION CONCEPT
A COMBINATION OF SUB-SURFACE LOW FLOW DRIP, BUBBLERS, AND/OR LOW VOLUME HUNTER MP ROTATOR SPRAYS SHALL BE INSTALLED IN ALL PLANTERS.
PLANTS ARE GROUPED INTO "HYDROZONES" AND IRRIGATED SEPARATELY FROM THOSE WITH DIFFERENT WATER REQUIREMENTS.
IRRIGATION SYSTEM SHALL BE EQUIPPED WITH A WEATHER TRACK CONTROLLER CAPABLE OF DUAL PROGRAMMING. FLOW SENSOR LEAK DETECTION AND AUTOMATIC SHUT-OFF TO BE PROVIDED AT POC.
PRELIMINARY
NOT FOR CONSTRUCTION
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: OCTOBER 16, 2023
SUBMITTED: October 2, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Erica Fraser,
TITLE OF ITEM: RESOLUTION NO. 2023-206, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER DENYING AN APPEAL FILED BY THE SAN BENITO HIGH
SCHOOL DISTRICT AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION
APPROVING A MITIGATED NEGATIVE DECLARATION AND SITE AND ARCHITECTURAL REVIEW 2021-11 FOR A MIXED-USE DEVELOPMENT WITH 157 DWELLING UNITS AND 3,750 SQUARE FEET OF COMMERCIAL SPACE (LAITH AGHA) LOCATED AT 1550 SAN JUAN ROAD (APN 052-090-008)
BRIEF DESCRIPTION: The San Benito High School District has filed an appeal of the Planning Commission’s decision to approved a Mitigated Negative Declaration and Site and Architectural Review 2021-11 and the Planning Commission’s recommendation that the City Council approve Density Bonus 2023-2 for a mixed-use development located at 1550 San Juan Road.
RECOMMENDATION: Deny the appeal and uphold the Planning Commission’s approval of a Mitigated Negative Declaration and Site and Architectural Review 2021-11.
DEPARTMENT SUMMARY:
On September 15, 2023, the San Benito High School District (hereafter SBHSD) submitted a timely appeal, in accordance with the requirements of the Zoning Ordinance, of the Planning Commission’s decision to approve a Mitigated Negative Declaration and Site and Architectural Review 2021-11 and a recommendation that the City Council approve Density Bonus 2023-2 for a mixed-use project located at 1550 San Juan Road.
BACKGROUND:
The approved project is a mixed-use development with 157 multi-family dwelling units and 3,750 square feet of commercial space on a 5.54-acre parcel located at 1550 San Juan Road. The parcel has a General Plan Land Use Designation of Mixed-Use (which allows 20 to 35 dwelling units per acre plus commercial) and is located in the West Gateway (WG) Zoning District.
The proposed project is located at 1550 San Juan Road. The site is bordered by San Juan Road/Fourth Street and residential dwellings to the North, Sunnyslope water treatment facility to the South, vehicle storage to the West, and the Stop in Shop gas station and convenience store and the Mission Oaks mobile home park to the East. The site is currently vacant with one small abandoned accessory structure. A mixed-use development is currently under review for the vacant parcel to the North (at Graff Road and San Juan Road). The location of the project site is shown below:
Figure 1: Project Site and the Surrounding Area
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Details regarding the mixed-use project can be found in the August 31, 2023 Planning Commission Staff Report included as Attachment 2.
The project was routed to the San Benito High School District as part of the City’s Development Review Committee (DRC) review of the project on February 24, 2023. No comments were received from the High School District regarding the proposed project.
The Mitigated Negative Declaration which evaluated the potential impacts of the project was circulated for a 30-day public review period, in accordance with the requirements of the California Environmental Quality Act (CEQA) from July 21, 2023 – August 21, 2023. A notice was published in the Freelance, a newspaper of general circulation, on July 21, 2023, was transmitted to and posted on the State Clearinghouse’s website, and transmitted to interested parties as required. The City received one comment letter during this period. A comment letter was submitted by the San Benito High School District on August 21, 2023. Although not required under CEQA, a Response to Comments was prepared to address the comment letter.
A Public Hearing Notice was then mailed and published in the Freelance ten (10) days prior to the Planning Commission as required by State Law.
On August 31, 2023, the Planning Commission reviewed the project during a noticed public hearing. The Planning Commission considered the project, reviewed the City Staff report, and received written and oral testimony for and against the proposal during the meeting. During the public hearing four people spoke regarding the project and spoke in favor of the project. The Planning Commission meeting can be viewed on the City’s YouTube Channel at https://www.youtube.com/watch?v=vfD8oWoDXHg (starting at minute 29). After closing the public hearing and deliberating on the project, the Planning Commission adopted Resolution No. 2023-20 approving the Mitigated Negative Declaration (Attachment 3), Resolution No. 2023- 21 approving Site and Architectural Review 2021-11 (Attachment 4), and Resolution No. 2023- 22 recommending City Council approval of Density Bonus 2023-2 (Attachment 5) by unanimous vote.
Following the filing of the appeal and the SBHSD’s request for a cure and correct of the Planning Commission’s recommendation on the Density Bonus, the Planning Commission Project Site
San Juan Rd.
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reviewed the Density Bonus during a Public Hearing on September 28, 2023 and adopted Resolution 2023-31 (Attachment 6), reaffirming their decision to adopt a Resolution recommending City Council approval of a Density Bonus.
APPEAL ANALYSIS:
The Appeal filed by SBHSD includes several reasons for filing the appeal (Attachment 1). In order to assist the City Council, Staff has broken up the discussion of the appeal into the main appeal points made by the Appellant and Staff has prepared a summary response. For further detail, please refer to the Appeal Form submitted on September 15, 2023 including all attachments to the Form.
Appeal Point 1: “All of the grounds raised in the Districts August 21, 2023, Comment Letter and the exhibits thereto, attached to this Appeal Form and Incorporated herein by reference.”
The Appellant has included many points within the letter dated August 21, 2023. Staff has included a summary heading of each concern within this letter and a summary response. Please refer to the August 21, 2023 letter for a complete explanation of the concerns of the SBHSD.
This letter is same letter as the letter provided to Staff during the public review period of the Mitigated Negative Declaration.
The Mitigated Negative Declaration is included as Exhibit A of Attachment 3 and the Responses to Comments is included as Exhibit B of Attachment 3 to this staff report.
Appeal Point 1A - General Comments (please see pages 2-3 of the August 21, 2023 letter for more detail).
Staff’s Response: The SBHSD makes references to the current and cumulative impacts of residential growth in the City and discusses overcrowding at the school. These concerns are not related to the project located at 1550 San Juan Road and are instead an overall comment regarding growth in the City will is not applicable to this specific project.
Growth in the City is guided by the current General Plan. This site was designated for mixed- use in the 2005 General Plan. The 2005 General Plan designed this site as West Gateway and allowed 20 to 35 dwelling units per acre plus commercial space to be constructed.
The project was routed to the San Benito High School District as part of the City’s Development Review Committee (DRC) review of the project on February 24, 2023. No comments were received from the High School District regarding the proposed project.
The Appellant further questions whether or not this project is consistent with the requirements of the draft 2040 General Plan, the draft Climate Action Plan, and the draft Agricultural Preservation Program. These documents are in draft form and are not adopted at this time. The City cannot impose requirements or policies on a project which have not been adopted.
Therefore, the project is only required to follow the requirements of the 2005 General Plan and the Municipal Code.
Appeal Point 1B - Notice of Availability (Please see pages 3-4 of the August 21, 2023 letter for more detail).
Staff’s Response: The Appellant contends that the Notice of Availability was inconsistent with CEQA and the State CEQA Guidelines. A Notice of Availability (NOA) was m ailed to all interested parties and responsible agencies – including the San Benito High School District - property owners within 300 feet of the project, and was posted with the State Clearinghouse as F.2
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required by Section 15073 of the State CEQA Guidelines. The NOA identified the 30-day public review period for comments (July 21, 2023 through August 21, 2023). The NOA (Attachment 7) included all of the following required by the State CEQA Guidelines Section 15072:
“(a) A notice of intent to adopt a negative declaration or mitigated negative declaration shall specify the following:
(1) A brief description of the proposed project and its location. (2) The starting and ending dates for the review period during which the lead agency will receive comments on the proposed negative declaration or mitigated negative declaration. This shall include starting and ending dates for the review period. If the review period has been shortened pursuant to Section 15105, the notice shall include a statement to that effect.
(3) The date, time, and place of any scheduled public meetings or hearings to be held by the lead agency on the proposed project, when known to the lead agency at the time of notice.
(4) The address or addresses where copies of the proposed negative declaration or mitigated negative declaration including the revisions developed under Section 15070(b) and all documents incorporated by reference in the proposed negative declaration or mitigated negative declaration are available for review. This location or locations shall be readily accessible to the public during the lead agency‘s normal working hours.
(5) The presence of the site on any of the lists enumerated under Section 65962.5 of the Government Code including, but not limited to lists of hazardous waste facilities, land designated as hazardous waste property, and hazardous waste disposal sites, and the information in the Hazardous Waste and Substances Statement required under subdivision (f) of that section. (6) Other information specifically required by statute or regulation for a particular project or type of project.”
As required, the NOA clearly identifies the project by the Site and Architectural Review file number; states that the City intends to adopt a MND; clearly identifies the address of the project, as well as the Assessor Parcel Number (APN), Zoning District and general plan land use designation. The NOA identifies the location where the project plans including the MND can be reviewed and invites anyone to email their comments or mail comments to either of the addresses noted on the NOA. The wording of the NOA and all information contained within the NOA is consistent with the State CEQA Guidelines.
Because the meeting date was not known at the time of the publication and distribution of the NOA, the City noted that “The Planning Commission will review…during a future, publicly noticed, meeting.” Section 15072(g)(3) only requires the date and time of the hearing “when known to the lead agency at the time of notice.” As required by State Law, a subsequent notice which included the project description, date, location and time of the Planning Commission meeting was mailed to all property owners within 300 feet of the project and all interested parties who requested a notice and was published in the Freelance ten (10) days prior to the meeting as required by State Law.
The Appellant’s contention that the project description in the MND is inconsistent with the NOA is untrue. The NOA identifies the project by City file number, includes a brief description of the proposed project which includes the total number of dwelling units (157), total square footage of the commercial space (3,750 square feet), and the size of the project area (5.54 acres), as well as the address and APN of the site. The MND does refer to the informal name of the project as “San Juan Apartments” but also includes the information noted above (see page 2 of the MND).
The assertion that based on minor wording changes and additional details on some of the notices changes the scope of the project or is confusing is incorrect. In all notices, the address F.2
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is clearly noted and the notice clearly notes the number of dwelling units and size of the commercial space and the acreage of the site. All impacts generated by a project are studied based on project site, the use, and the development potential of the site. The Notice provides adequate information to inform the public of the project’s development capacity, address of the project, and the availability of a CEQA document. The project studied in the MND is the same as the project described in all notices for the project.
The MND adequately describes the proposed project under review. A brief project description is included on page 2 of the Mitigated Negative Declaration and is further discussed in detail throughout the MND.
The project is required to comply with the provisions for layout and safety of the entrance/exit with the West Gateway Beautification Plan. A Development Agreement or Access Agreement with the City is not required for this project. In order to ensure that the entrance/exit lines up with the driveway across the street, the Applicant suggested that the driveway across the street be moved to line up with the entrance/exit to 1550 San Juan Road. In order to accomplish this, the property owner is required to enter into an agreement with the northern property owner to move their driveway. The City is not a party to this agreement. A Mitigation Measure is included in the MND to ensure safe and adequate circulation as noted in the West Gateway Beautification Plan.
If the Applicant is unable to do so, the project cannot be constructed as proposed. The City is not a party to any agreements between 1550 San Juan Road and surrounding property owners and therefore there are no additional approvals required for the project (beyond the MND, S&A and DB).
Appeal Point 1C - Project Description (please see pages 4-5 of the August 21, 2023 letter for more detail).
Staff’s Response: Please refer to Staff’s discussion of the project description in the NOA and the MND under Appeal Point 1B for Staff’s response to the points made in this Section which are similar to the objections raised under ‘Notice of Availability.’
The Appellant questions the background information and environmental setting noted in the MND. Background information is provided on pages 3-7 and further detail is provided throughout the MND and in the Technical Appendices. The MND contains all information required by the CEQA Guidelines. Section 15360 of the CEQA Guidelines as noted by the Applicant is a definition for “Environment” and the MND is compliant with this definition. Section 15125 references the Environmental Setting that needs to be discussed within an Environmental Impact Report which is not relevant to the MND.
Please note that a Density Bonus request in and of itself does not require review under CEQA.
In this case the Density Bonus request is for the waiver of sewer and storm drainage fees for the provision of affordable units. The Density Bonus request requires approval by the City Council only (due to the request for the waiver of impact fees) and did not request a waiver of development standards or an increase in density for the site. Should the City Council deny the Density Bonus request, the project can still be constructed as proposed.
Appeal Point 1D - Public Services (please see pages 5-8 of the August 21, 2023 letter for more detail).
Staff’s Response: The Applicant contends that this project will result in a significant impact to the high school due to the current capacity/overcrowding of the high school. Updated information regarding employees and enrollment within SBHSD provided in the August 21, 2023 letter was noted for the record. This updated information and clarification did not affect the findings and conclusions of the Mitigated Negative Declaration. As noted above, CEQA requires F.2
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a lead agency to consider the physical environmental consequences of a project, such as the physical construction of facilities. The Initial Study discloses that the project could affect the capacity of existing school facilities. The treatment and analysis of school facilities in the Initial Study is consistent with CEQA standards because there is a mechanism in place to collect impact fees to be used toward the construction of new facilities. The Mitigated Negative Declaration concludes:
“While the proposed project would increase the student population in the City, which in turn could affect the capacity of existing school facilities, Section 65995(h) of the California Government Code has been adopted by the state to mitigate any school facilities impacts.
Section 65995(h) states that the payment of statutory fees ‘is deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities.’ For this reason, development of the project would have a less than significant impact related to school facilities. New facilities, if and when required by the school districts, would be developed and analyzed independent of this project review.”
The Appellant further references a request from the SBHSD to the City requesting documentation on residential projects likely to be constructed within five years. The City has responded to the High School District and has noted that the City cannot determine when and if any residential project will actually be constructed. Future development potential of the City is listed in the General Plan and in each housing element update. The City has also provided information on residential building permits issued during various time periods, as well as provided recent General Plan and Housing Element Annual Progress Reports to the SBHSD to help inform them of recent construction trends.
Under a separate request, the SBHSD has requested copies of all Building Permits issued by the City in the last five years, which the City is currently working on providing. This information is not readily available as the City does not currently have a permitting system in place (the City Council has approved funding and a system should be in place in the next 6-9 months) and requires the City to review every record available by hand. The Appellant’s characterization of the City’s requirement to provide information regarding the future construction is a misrepresentation of Government Code Sections 65995.5 and 65995.6. This provision of this information is not relevant to the project.
The Appellant further makes reference to overcrowding of schools and the burden of new development within the city on the school district. Development of this site was identified in the 2005 General Plan. The 2005 General Plan designated the site as West Gateway and allowed a density of 20-35 dwelling units per gross acre which would allow 111-194 dwelling units to be constructed on this site. Development of the site is further identified by APN Number and size of the site in Appendix B, Table B-2 and the development potential is noted. This number was used to study impacts, including cumulative impacts in the 2005 General Plan EIR. Subsequent projects within the City, which require CEQA review, note the development potential of this site when relying on the 2005 General Plan EIR. The Applicant for the proposed project is not requesting a rezone or any other modification to increase density on the site.
Furthermore, the proposed project has 37 fewer units than the maximum number of units allowed under the 2005 General Plan and current zoning. The City cannot force the School District to construct facilities. Issues raised by the SBHSD are speculative and the Appellant has not provided details on how this project, which has been identified for residential development for almost 20 years, will cause overcrowding beyond what has already been identified and could have been planned for by the district.
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Appeal Point 1E - Cumulative Impacts (please see pages 8-12 of the August 21, 2023 letter for more detail)
Staff’s Response: The Appellant contends that the MND does not adequately consider cumulative impacts of residential growth. Cumulative effects are discussed on page 105 of the Initial Study. The analysis requirements under CEQA are explained and the rationale for the conclusions are provided. An individual project’s effects relative to the area-wide effects analyzed in an agency’s adopted General Plan and programmatic EIR is an appropriate method for evaluating cumulative effects within an Initial Study.
As discussed above The project proposes to construct 157 dwelling units which is within the allowed density of the General Plan (the project is 34 dwelling units under the maximum allowed). Appendix B, Table B-2 (Attachment 8) mentioned in the Letter is the Housing Element Sites Inventory of 2005. The Appellant has mischaracterized what the Table represents which shows the average number of dwelling units that are anticipated to be constructed per property within the West Gateway and also lists the maximum number of units that could be constructed on the property (194). Please note that this Table has been superseded by subsequent Housing Elements and the proposed project is 37 units below what is allowed by the General Plan and what is noted as the maximum in this Table. The project does not have a higher density than what is allowed or studied, as argued by the Appellant.
The Appellant further ascertains that the City enacted a growth cap that limits residential development to 244 dwelling units per year and this project is in violation of the growth restriction. While it is true that the City has not rescinded the growth cap, the City has been notified by the State that the cap must be rescinded and is not enforceable. The State of California has made the construction of housing a high priority in the state and has invalidated the use of strict growth control measures and has passed several bills to that effect.
The MND (page 79) details how the projected population was determined for the site. The small commercial use of 3,750 square feet is not likely to increase the population in the City because the City has more residential dwellings than commercial space and due to the small size of the commercial space. The population numbers take into account population projections and the General Plan.
The MND relies on the development potential identified in the 2005 General Plan and the 2005 General Plan EIR as well as approved projects in creating baseline and future projections. The 2005 General Plan EIR evaluated the development potential identified in the EIR based on the density for each land use designation. Furthermore, the General Plan includes several tables which list the development potential for each site identified for residential development in the General Plan. These numbers were used to prepare the 2005 General Plan EIR which is a programmatic EIR. In the case of a programmatic EIR, future projects which are not exempt from CEQA review (i.e. infill development on a site which is 5 acres or less) must prepare additional environmental review which relies on the impacts noted in the programmatic EIR as well as new site specific conditions (i.e. endangered species).
With regards to Air Quality, the Appellant is including a discussion of the existing setting as though it were an identified project impact to children’s health and schools, which it is not. A detailed discussion of the impacts associated with Air Quality is included on pages 17-34 and Air Quality Data is included as Appendix A to the MND. Based on the Air Quality Data and information contained within the MND, impacts related to air quality to all populations as a result of this project are less than significant. In response to the request for additional information related to Air Quality, the analysis contained within the MND and included in the technical appendices provides this information.
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Again the Appellant notes that reliance solely on information presented in the 2005 General Plan is inadequate to review the project. This is true and subsequent studies were prepared to review this specific project and are included in the Technical Appendices. As a programmatic EIR, data found in the EIR can also be used for background information. Technical data related to this project can be found within the appendices of the MND.
Despite what the Appellant contends, this project is not required to mitigate for future projects within the City. The project is only required to mitigate for impacts associated with this project.
Appeal Point 1F – Transportation and Circulation (please see pages 9-11 of the August 21, 2023 letter for more detail).
Staff’s Response: The Appellant has requested data related to the traffic impacts and counts and contends that the analysis included in the MND was inadequate. This information is contained within the Transportation Analysis Memo included as Appendix H of the Technical Appendices. The Transportation Analysis Memo was prepared by a qualified firm and uses best practices for analysis of transportation impacts related to a project. The Appellant assumes significant impacts related to transportation to the high school and in surrounding areas but provides no basis to support these arguments other than the opinion of the School District.
Please note that since the passage of SB 743 in 2018, CEQA and its implementing guidelines (CEQA Guidelines Section 15064.3) were significantly amended regarding the methods by which lead agencies are to valuate a project’s transportation impacts. As explained in the MND, CEQA now recognizes Vehicle Miles Travelled (VMT) as the metric for analyzing transportation impacts. Additional information provided in the MND regarding traffic operations and/or congestion is informational only, to help the City understand near term and cumulative conditions on the roadway network.
The MND provides a detailed analysis of impacts related to transportation and has found impacts related to the project to be less than significant with mitigation, specifically regarding the access to the site which will require the access point to line up with the driveway across the street pursuant to the project design (Mitigation Measure MMTRA-1). The Appellant is asking for information in the MND which would be beyond what is required under CEQA and in most cases speculative.
Roadway improvements in the area have been constructed and will be constructed in the future in accordance with the West Gateway Beautification Plan. Improvements are planned for and are constructed once certain development thresholds are achieved as noted by the City. The ultimate construction of the improvements relies on the future construction of development projects in the area and the threshold noted in the triggering analysis.
The Appellant argues that the City has not followed the Safe Routes to School Program in approving this project. The City does not have any policies related to the Safe Routes to School Program and the program was not submitted to the City for review as part of the appeal application. Additionally, the Appellant does not discuss any specific concerns related to this project. Furthermore, as part of the City’s DRC review of the project, the proposed project was routed to the San Benito High School District and the Hollister School District and no comments were received regarding the project.
Appeal Point 1G – Air Quality and Greenhouse Gas Emissions (please see page 11 of the August 21, 2023 letter for more information).
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Staff’s Response: The Appellant contends that the project will result in significant impacts related to air quality and greenhouse gases and questions why the project wasn’t evaluated for compliance with the City’s draft Climate Action Plan (CAP). While the Draft CAP has been circulated for review, the CAP was not adopted prior to approval of the project. The project is not required to comply with any requirements that are not in effect at the time of approval.
Air Quality impacts will not change as a result of the change in construction timelines.
Construction timelines often change due to the permitting process, delays in financing or other matters. If any impacts are anticipated based on a different start date, the MND would include mitigation measures as necessary.
This Section contains additional statements regarding transportation impacts. The questions raised here are answered under the Transportation Analysis on pages 86-93 and in Appendix H.
Again, the Appellant states that the project will have an impact on sensitive receptors which is not substantiated by the record and is discussed in detail in a prior section.
The Appellants statement that the project will result in a significant impact is not based on any information provided in the MND or the Technical Appendices and instead relies on speculation and the Appellant’s own opinion. The Appellant is making this determination based on their own opinion and is not based in any factual information submitted to the City. It is the City’s opinion and the determination of the City’s qualified CEQA preparer t hat the project will result in less than significant impacts based on all information contained in the record. Staff disagrees with the Appellant’s determination that the proposed project, which is consistent with the General Plan, would result in a significant impact.
Appeal Point 1G – Mandatory Findings of Significance (please see pages 11-12 of the August 21, 2023 letter for more detail)
Staff’s Response: The Appellant contends that the proposed project would result in significant impacts and these impacts were not adequately discussed in the MND. The MND was prepared in accordance with CEQA and the State CEQA Guidelines. As noted in the information contained within the MND and in the Technical Appendices, it is the opinion of the City that the project will result in less than significant impacts. The Appellant has not provided any data which refutes this. Furthermore, the Appellant has not provided information on how a project which conforms to the General Plan, was identified for residential development in the 2005 General Plan, and has 34 fewer dwelling units that what is identified in the General Plan will result in significant and unavoidable impacts.
Appeal Point 1H - Letter dated June 30, 2023 from the SBHSD and included in the Appeal Letter.
Staff’s Response: Included with the letter dated August 21, 2023, the Appellant included a copy of the letter submitted to the City with comments on the General Plan Update. These comments are not relevant to the proposed project because the 2040 General Plan, Climate Action Plan and Agricultural Lands Preservation Program have not been adopted and a project is not required to conform to any plans, laws or other codes which are not in effect at the time of the approval of the project. This letter is therefore irrelevant to the project that was approved.
However, the comments have been previously received and compiled for future consideration during any decision on the 2040 General Plan Update, Climate Action Plan, and Agricultural Lands Preservation Program to which they are relevant.
Appeal Point 2 - “The Planning Commission’s failure to consider adequately the grounds raised in the District’s August 21, 2023, Comment Letter and the exhibits thereto.” F.2
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Staff’s Response: The project was reviewed by the Planning Commission during a noticed public hearing on August 31, 2023. The comment letter submitted by the SBHSD was included as an attachment to the Staff Report.
Although not required by CEQA, Staff prepared a Response to Comments (Exhibit B of Attachment 3) which was included as Exhibit B to Resolution No. 2023-20 approving the MND.
The Reponse to Comments provided a response to the concerns raised in the August 21, 2023 letter.