Hollister City Council
November 6, 2023

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5.1.4 Labor Organisations 14

5.1.5 Nondiscrimination in Subcontracts 14

5.1.6 Federal Assistance.14

5.1.7 Employment Practices. 15
ARTICLE VI Coordination of Services 15

6.1 Representative of City 15

6.2 Representative of Consultant 15

6.3 Prohibition Against Subcontracting and Assignments 15

6.4 Independent Contractor 15
ARTICLE VII Enforcement of Agreement 16

7.1 Events of Default 16

7.2 Immediate Termination for Consultant's Default 16

7.3 Termination Without Cause 16

7.4 Suspension For Non-Payment 17

7.5 Waiver 17
ARTICLE VIII Intellectural Property Rights 17

8.1 Work For Hire 17

8.2 Rights in Data 17

8.3 Intellectual Property Rights Assignment 17

8.4 Moral Rights 17

8.5 Subcontracting 18

8.6 Publication 18

8.7 Intellectual Property Warranty and Indemnification 18

8.8 Enforcement Costs 18

8.9 Data to be Furnished by City 19

8.10 Ownership of Documents 19
ARTICLE IX Miscellaneous 19

9.1 Notices. 19

9.2 Relationship of Parties 19

9.3 No Third Party Rights 20

9.4 Non-Liability of Members,Officials and Employees of the City 20

9.5 Headings 20

9.6 Non-Assignment 20

9.7 Independent Contractors 20

9.8 Consultant and Subcontractor Principals for Consultant Services 20

9.9 Covenants and Conditions 21

9.10 Compliance with Controlling Law 21

9.11 Licenses, Permits,Fees and Assessments 21

9.12 Jurisdiction 21

9.13 Attorney Fees 21

9.14 Successor in Interest 21

9.15 Integration 22

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9.16 Counterparts 22

9.17 No Waiver 22

9.18 Severability 22

9.19 Additional Consultants or Contractors 22

9.20 Employment of City Staff 22

9.21 Municipal Powers. 22

9.22 Drafting Ambiguities 22

9.23 Signing Authority 23

9.24 Conflicts Between Terms 23

9.25 Consultant Evaluation 23

9.26 Exhibits Incorporated 23

9.27 Survival of Obligations 23

9.28 Public Records 23

9.29 Remedies Cumulative 23

9.30 Effect of Invalidity 23

9.31 Successors and Assigns 23

9.32 Entire Agreement 24

9.33 Conflicts of Interest 24

9.34 Time for Acceptance of Agreement by City 24

9.35 Effective Date 24

EXHIBITS
Exhibit"A" Scope of Services and Costs

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CITY OF HOLLISTER

PROFESSIONAL SERVICES AGEREEMENT
This PROFESSIONAL SERVICES AGREEMENT (this "Agreement"), dated for purposes of identification only as of the "Date of Agreement"), is made and entered into by the CITY OF HOLLISTER, a municipal corporation (the "City") and PLACEWORKS,INC., a California corporation(the"Consultant").

RECITALS
A. The City issued a Request for Proposals (the "RFP") seeking proposals from qualified firms for the preparation of a General Plan Update and Environmental Review (the Services"). A copy of the RFP is on file in the office of the City of Hollister Development Services,Planning Division Office and is incorporated herein by this reference.

B. In response to the RFP, Consultant has submitted "Proposal to Prepare the General Plan Update and Environmental Review" dated November 5, 2019, (the "Proposal") to respond to the City's need, which Proposal is on file in the of office of the City of Hollister Development Services,Planning Division Office and is incorporated herein by this reference.

C. The Consultant has the expertise and personnel necessary to provide the Services.

The City and the Consultant (each, a "Party" and jointly, the "Parties") want to enter into an Agreement whereby the City will retain the Consultant to provide the Services.

In consideration of the above recitals and the mutual covenants and conditions set forth, herein, and for good and valuable consideration, the sufficiency of which are hereby acknowledged,the Parties hereby set forth their mutual covenants and understandings as follows:

ARTICLE I

CONSULTANT SERVICES
The above listed recitals are true and correct are hereby incorporated by reference.

1.1 Scope of Services. The consultant shall perform the Services as set forth in the written Scope of Work and Costs(Exhibit A) at the direction of the City.

1.2 Contract Administrator. The Development Services Director is the Contract Administrator for this Agreement, unless another person from the City of Hollister is designated as such by the City Manager. The Consultant shall provide the Services under the direction of a designated representative of the Planning Department, unless otherwise directed by the Development Services Director or the City Manager. The City's designated representative will communicated with the Consultant on all matters related to the administration of this Agreement and the Consultant's performance of the Service rendered hereunder. When this Agreement refers to communications to or with the City, those communications will be with the designated

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representative, unless the designated representative or the Agreement specifies otherwise.

However, when this Agreement refers to an act or approval to be performed by City, that act or approval shall be performed by the City Manager or his or her designee, unless the Agreement specifies otherwise.

1.3 City Modification of Scope of Services. The City may, without invalidating this Agreement, order changes in the Scope of Services by altering, adding to or deducting from the Professional Services to be performed. All such changes shall be in writing and shall be performed in accordance with the provisions of this Agreement. If any such changes cause an increase or decrease in the Consultant's cost of, or the time required for, the performance of any of the Professional Services, the Consultant shall immediately notify the City. If the City deems it appropriate,an equitable adjustment to the Consultant's compensation or time for performance may be made, provided that any adjustment must be approved by both Parties in writing in accordance with Section 9.1 Notices of this Agreement.

1.4 Written Authorization. Prior to performing any Services, the Consultant shall obtain from the City a written authorization to proceed. Further, throughout the term of this agreement, the Consultant shall immediately advise the City in writing of any anticipated change to Exhibit A: Scope of Service and Cost, including Figure 1: Project Schedule or Figure 2: Cost, Table and shall obtain the City's written consent to the change prior to making any changes. In no event shall the City's consent be construed to relieve the Consultant from its duty to render all Services in accordance with applicable laws and accepted industry standards.

1.5 Confidentiality of Services.All Services performed by the Consultant, including but not limited to all drafts, data, correspondence, proposals reports, and estimates compiled or composed by the Consultant pursuant to this Agreement, are for the sole use of the City, its agents and employees. Neither the documents nor their contents shall be released to any third party without the prior written consent of the City. This provision does not apply to information that (a) was publicly known, or otherwise known to the Consultant, at the time that it was disclosed to the Consultant by the City, (b) subsequently becomes publicly known through no act or omission of the Consultant, or (c) otherwise becomes known to the Consultant other than through disclosure by the City. Neither the documents nor their contents produced by Subconsultants shall be released to any third party without the prior written consent of the City.

1.6 Competitive Bidding. If applicable, the Consultant shall comply with the following: Consultant shall ensure that any plans, specifications, studies, or reports prepared, required, or recommended under this Agreement allow for competitive bidding. The consultant shall prepare such plans, specifications, studies, or reports so that procurement of services, labor or material are not available from only one source, and shall not prepare plans, specifications studies, or reports around a single or specific product, piece of major equipment or machinery, a specific patented design, proprietary process, unless required by principles of sound engineering practice and supported by a written justification that has been approved in writing by the City.

The Consultant shall submit this written justification to the City prior to beginning work on such plans, specification, studies, or reports. Whenever the Consultant recommends a specific product or equipment for competitive procurement, such recommendations shall include at least two

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brand names of products that are capable of meeting the functional requirements applicable to the Project.

ARTICLE II

DURATION OF AGREEMENT

2.1 Term of Agreement. The term of this Agreement shall be for one (1) year from the date it is fully executed by the City of Hollister, but under no circumstances shall it expire after January 31, 2021. Nothing in this section shall prohibit earlier termination of this Agreement under another provision herein. This Agreement shall not automatically renew for any period of time except by a written agreement fully executed by both parties.

2.2 Time for Performance. Time is of the essence in the performance of this Agreement. Consultant shall perform and complete all Services in a timely and expeditious manner. Consultant shall perform such Services in accordance with the schedule contained in the Proposal or otherwise in accordance with such schedule as the Consultant and the City may mutually agree to from time to time.

2.3 Notification of Delay. The Consultant shall immediately notify the City in writing if the Consultant experiences or anticipates experiencing a delay in performing the Services within the time frames set forth in Figure 1: Project Schedule (Exhibit A). The written notice shall include an explanation of the cause for, and a reasonable estimate of the length of the delay. If in the opinion of the City,the delay affects a material part of the City's requirements for the Services, the City may exercise its rights under Section 2.5-2.7 of this Agreement.

2.4 Delay. If delays in the performance of the Services are caused by unforeseen events beyond the control of the Parties, such delay may entitle the Consultant to a reasonable extension of time, but such delay shall not entitle the Consultant to damages or additional compensation. Any such extension must be approved writing by the City. The following conditions may constitute such a delay: war; changes in law or government regulation; labor disputes; strikes; fires, floods, adverse weather or other similar condition of the elements necessitating cessation of the Consultant's work; inability to obtain materials, equipment, or labor; required additional Services; or other specific reasons agreed to between the City and the Consultant; provided, however, that: (a) this provision shall not apply to, and the Consultant shall not be entitled to an extension of time for, a delay caused by the acts or omissions of the Consultant; and (b) a delay caused by the inability to obtain materials, equipment, or labor shall not entitle the Consultant to an extension of time unless the Consultant furnishes the City, in a timely manner, documentary proof satisfactory to City of the Consultant's inability to obtain material, equipment, or labor.

2.5 City's Right to Suspend for Convenience. The City may, at its sole option and for its convenience, suspend all or any portion of the Consultant's performance of the Services, for a reasonable period of time not to exceed six(6)months. In accordance with the provisions of this Agreement, the City will give written notice to the Consultant of such suspension. In the event of such a suspension, in accordance with the provisions of Article III of this Agreement, the City shall pay the Consultant a sum equivalent to the reasonable value of the Services the

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Consultant has satisfactorily performed up to the date of suspension. Thereafter, the City may rescind such suspension by giving written notice of recession to the Consultant. The City may then require the Consultant to resume performance of the Services in compliance with the terms and conditions of this Agreement; provided, however, that the Consultant shall be entitled to an extension of time equal to the length of the suspension, unless otherwise agreed to in writing by the Parties.

2.6 City's Right to Terminate for Convenience. The City may, at its sole option and for its convenience, terminate all or any portion of the Services agreed to pursuant to this Agreement by giving written notice of such termination to the Consultant. Such notice shall be delivered by certified mail with return receipt for delivery to the City. The termination of the Services shall be effective upon receipt of the notice by the Consultant. After termination of this Agreement, the Consultant shall complete any and all additional work necessary for the orderly filing of documents and closing of the Consultant's Services under this Agreement. For services satisfactorily rendered in completing the work, the Consultant shall be entitled to fair and reasonable compensation for the Services performed by the Consultant before the effective date of termination. After filing of documents and completion of performance, the Consultant shall deliver to the City all documents or records related to the Consultant's Services. By accepting payment for completion, filing and delivering documents as called for in this paragraph, the Consultant discharges the City of all of the City's payment obligations and liabilities under this Agreement.

2.7 City's Right to Terminate for Default. If the Consultant fails to satisfactorily perform any obligation required by this Agreement, the Consultant's failure constitutes a Default. A Default includes the Consultant's failure to adhere to the Time Schedule. If the Consultant fails to satisfactorily cure a Default within ten(10) calendar days of receiving written notice from the City specifying the nature of the Default, the City may immediately cancel and/or terminate this Agreement, and terminate each and every right the Consultant, and any person claiming any rights by or through the Consultant, under this Agreement. This rights and remedies of the City enumerated in this Section are cumulative and shall not limit, waive, or deny any of the City's rights under any other provisions of the Agreement. Nor does this Section otherwise waive or deny any right or remedy, at law or in equity, existing as of the date of this Agreement or hereinafter enacted or established, that may be available to the City against the Consultant.

ARTICLE III

COMPENSATION

3.1 Amount of Compensation. It is understood by and agreed between the Parties to this Agreement that full and complete payment for all Services provided in accordance with this Agreement, including sub-consultant fees, and reimbursable expenses, shall not exceed one million, four hundred and three thousand, six hundred and ninety-eight dollars ($1,403,698.00) without the prior written authorization of the City.

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3.2 Additional Services. The City may require that the Consultant perform additional Professional Services (Additional Services) beyond those described in the Exhibit A: Scope of Service and Cost. Prior to the Consultant's performance of Additional Services, the City and the Consultant must agree in writing upon a fee for the Additional Services, including reasonably related expense, in accordance with the Figure 2: Cost Table. The City will pay the Consultant for the performance of additional Services in accordance with Section 3.3.

3.3 Billing and Payment Procedures. The City shall pay the Consultant in accordance with Figure 2: Cost Table identified in Exhibit A. For the duration of this agreement, the Consultant shall not be entitled to fees for expenses that exceed the amounts specified in the Compensation and Fee Schedule. The Consultant shall submit one invoice per calendar month in a form acceptable to City in accordance with Compensation and Fee Schedule.

As scheduled Services are completed each month, Consultant shall submit monthly itemized invoices for Services performed during the preceding month. Each invoice shall state the date the Services were provided and the number of hours spent providing the Services. If requested by the City, Consultant shall present additional documentation evidencing the provision of Services satisfactory to the City. The City agrees to approve or disapprove Consultant's invoice and/or additional documentation, as the case may be, with ten (10) days after the City's receipt of the invoice and/or additional documentation. The City agrees to pay the Consultant for Services satisfactorily performed and expenses properly incurred within thirty (30) days after the City's approval of a statement from the Consultant describing such Services and expenses.

3.4 Additional Costs. Additional Costs are those costs that can be reasonably determined to be related to the Consultant's errors of omissions. The Consultant shall not be paid for the Professional Services required due to the Consultant's errors or omission, and the Consultant shall be responsible for any Additional Costs associated with such errors or omissions. These Additional Costs may be deducted from monies due, or that become due, the Consultant. Whether or not there are any monies due, or becoming due, the Consultant shall reimburse the City for Additional Costs due to the Consultant's errors or omissions.

3.5 Reimbursable. City will reimburse Consultant and its sub-consultants for their usual and customary out-of-pocket expenses incurred in furtherance of the Exhibit A: Scope of Services and Costs, as such expenses are described in Figure 2: Cost Table. No compensation shall be allowed for administrative, overhead, insurance, word processing (normal or overflow secretarial time or overtime,or computer time or service) and related expenses.

3.6 Eighty Percent Notification. The Consultant shall promptly notify the City in writing of any potential cost overruns. Cost overruns include, but are not limited to the following: (1)where anticipated costs to be incurred in the next sixty calendar days, when added to all costs previously incurred, will exceed 80 percent of the maximum compensation for this Agreement; or (2) where the total cost for performance of the Scope of Services appears that it may be greater than the maximum compensation of this Agreement.

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ARTICLE IV

CONSULTANT'S OBLIGATIONS

4.1 Familiarity with Work. By executing this Agreement, Consultant represents and warrants that Consultant (i) has thoroughly investigated and considered the Services to be performed, (ii) has carefully considered how the Services should be provided, and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement. Should the Consultant discover any latent or unknown conditions martially differing form those inherent in the provision of such Services or as represented by the City, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

4.2 Industry Standards.The Consultant agrees that the Services rendered under this Agreement shall be performed in accordance with standards customarily adhered to by an experienced and competent planning and environmental firm using the degree of care and skill ordinarily exercised by reputable professionals practicing in the same field or service in the State of California. Where approval by the City, the Mayor or his designee, or other representatives of the City is required, it is understood to be general approval only and does not relieve the Consultant of responsibility for complying with all applicable laws, codes and good consulting practices.

4.3 Right to Audit.

4.3.1 Access. The City retains the right to review and audit, and the reasonable right of access to Consultant's and any Subcontractor's premises to review and audit the Consultant's or Subcontractor's compliance with the provisions of this agreement (City's Right). The City's Right includes the right to inspect and photocopy same, and to retain copies, outside of the Consultant's premises, of any and all records related to the Services provided hereunder with appropriate safeguards, if such retention is deemed necessary by the City in its sole discretion.

This information shall be kept by the City in the strictest confidence allowed by law.

4.3.2 Audit. The City's Right includes the right to examine any and all books, records, documents and any other evidence of procedures and practices that the City determines are necessary to discover and verify that the Consultant or Subcontractor is incompliance with all requirements under this Agreement.

4.3.2.1 Cost Audit. If there is a claim for additional compensation or for Additional Services, the City's Right includes the right to examine books, records, documents, and any and all other evidence and accounting procedures and practices that the City determines are necessary to discover and verify all direct and indirect and costs, of whatever nature, which are claimed to have been incurred, or anticipated to be incurred.

4.3.2.2 Accounting Records. The Consultant and all subcontractors shall maintain complete and accurate records in accordance with generally accepted to the City

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for accounting practices in the industry. The Consultant and Subcontractors shall make available to the City for review and audit all Service related accounting records and documents and any other financial data. Upon the City's request, the Consultant and Subcontractors shall submit exact duplicates of originals of all requested records to the City.

4.3.3 City's Right Binding on Subcontractors. The Consultant shall include the City's Right as described in Section 4.2, in any and all other subcontracts, and shall ensure that sections are binding upon all Subcontractors.

4.3.4 Compliance Required before Mediation or Litigation. A condition precedent to proceeding with mandatory mediation and further litigation provided for in Article VII is that Consultant's and Subcontractors full compliance with the provisions of this Section 4.2 within sixty (60) days of the date on which the City mailed a written request to review and audit compliance.

4.4 Insurance. Without limiting City's right to indemnification, it is agreed that Consultant shall secure prior to commencing any Services under this Agreement, and maintain during the Term of this Agreement, insurance coverage as set forth in this Section 4.4.1

4.4.1 Required Insurance Coverage. Consultant shall secure and maintain the following insurance coverage:
a) Workers' Compensation Insurance, as required by California statues for the protection of its employees during the progress of the performance of Services hereunder; and
b) Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, 'Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form; and
c) Comprehensive Automobile Liability coverage, including — as applicable owned, non-owned and hired autos, in an amount of not less than One Million Dollars ($1,000,000.00) per occurrence, combined single limit, written on an occurrence form. If Consultant owns no vehicle, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.

The Director, with the consent of the City Manager and the City's Risk Manager, is hereby authorized to waive or reduce the requirements set forth above in the even the Director determines that such waiver or reduction is in City's best interest.

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4.4.2 Required Clauses in Policies. Each policy of general liability and automobile insurance required by this Agreement shall contain the following clauses:

Written notice of cancellation shall be delivered to the City Clerk of the City of Hollister, 375 Fifth Street, Hollister, CA 95023 in accordance with the policy provisions."
It is agreed that any insurance maintained by the Consultant pursuant to this Agreement shall be primary to, and not contribute with any insurance or self- insurance maintained by the City of Hollister."
The City of Hollister, its officials, agents, employees, representative, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Hollister."
Consultant hereby agrees to waive subrogation which any insurer of the Consultant may acquire from the Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsement that may be necessary to effect this wavier of subrogation.

4.4.3 Required Certificates and Endorsements. Prior to commencement of any work under this Agreement, the Consultant shall deliver to City (i) insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above, and (ii) endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Such endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by City, it shall be the Consultant's responsibility to see that City receives documentation, acceptable to City, which sustains that the individual signing such endorsements is indeed authorized to do so by the insurance company.

Also, City reserves the right at any time to demand, and to receive within a reasonable time period, certified copies of any insurance policies required under this Agreement, including endorsements affecting the coverage required by these specifications.

All insurance maintained by Consultant shall be issued by companies admitted to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A or better and Class VII or better by the last edition of Best's Key Rating Guide.

Consultant shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance or self-insure the risk and charge Consultant for such costs and any and all damages resulting therefrom, by way of set-off from any sums owed Consultant.

Consultant agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery. Consultant

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hereby grants to the City, on behalf of any insurer providing insurance to either the Consultant or to the City with respect to the Services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

4.4.4 Remedies for Defaults Re: Insurance. In addition to any other remedies City may have if the Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a) Obtain such insurance and deduct and retain the amount of the premium for such insurance from any sums due under this Agreement; or b) Order the Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to the Consultant hereunder until the Consultant demonstrates compliance with the requirements hereof; or c) Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for the Consultant's failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which the Consultant may be held responsible for payment of damages to persons or property resulting from the Consultant's or its sub-consultants' performance of the work covered under this Agreement.

4.5 Indemnification. As respects acts, errors or omissions in the performance of professional services under this Agreement, the Consultant agrees to indemnify and hold harmless the City, its officers, agents, employees, representatives and volunteers from and against claims, demands, defense costs, liability or consequential damages arising directly out of the Consultant's negligent acts, errors or omissions in the performance of its professional services under the terms of this Agreement or those of Consultant's sub-consultants or anyone for whom Consultant is legally liable.

As respects all acts or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, the Consultant agrees to indemnify, defend (at City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against claims, demands, defense costs, liability, or consequential damages arising out of or in connection with the Consultant's or any of its sub-consultants'performance or failure to perform, under this Agreement; excepting those which arise out of the sole negligence of City.

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ARTICLE V

NON-DISCRIMINTATION REQUIRMENTS

5.1 Nondiscrimination. The Consultant's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code § 12990 and 2 CCR § 8103.

During the performance of this agreement, Consultant and it Subconsultants shall not deny the Agreement's benefits to any person or class of persons on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and Subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

5.1.2 Fair Employment Act. Consultant and Subconsultants shall comply with the provisions of the Fair Employment and Housing act (Gov. Code §12990 et seq.) the applicable regulations promulgated there under (2 CRR §11000 et seq.), the provisions of Gov. Code 11135-1119.5, and the regulations or standards adopted by City to implement such article.

The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

5.1.3 Reasonable Notice. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but it no case less than twenty-four (24) hours' notice, to such of its books, records, accounts. And all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

5.1.4 Labor Organizations. Consultant and its Subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other Agreement.

5.1.5 Nondiscrimination in Subcontracts. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

5.1.6 Federal Assistance. The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000 et seq.). Title VI provides that the recipients of federal assistance will implement and

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maintain a policy on nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age disability, be excluded from participation in, denied the benefits of, or subject to discrimination under employment under any program or activity by the recipients of federal assistance of the assignees and successors in interest.

5.1.7 Employment Practices. The Consultant shall comply with regulations relative to nondiscrimination in federally—assisted programs of the U.S. Department of Transportation(49 CFR Part 21 — Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR§21.5, including employment practices and the selection and retention of Subconsultants.

ARTICLE VI

COORDINATION OF SERVICES

6.1 Representative of City. The Development Services Director, or such person's designee, (the "Director") shall represent the City in all matters pertaining to this Agreement.

Whenever a reference is made herein to an action or approval to be undertaken by the City, the Director is authorized to act,unless this Agreement specifically provides otherwise or the context should otherwise require.

6.2 Representative of Consultant. Ms. Carey Stone is hereby designated as the Project Manager and representative of Consultant authorized to act on Consultant's behalf with respect to the Services and work to be provided hereunder and make all decisions in connection therewith. Therefore, the foregoing principal shall be responsible during the Term of this Agreement for directing all activities of Consultant and its sub-consultants and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing principal may not be changed by Consultant and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of the City.

6.3 Prohibition Against Subcontracting and Assignments. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assignable or transferable or encumbered in any way without the prior written consent of City.

Any such purported assignment, transfer, encumbrance, pledge, sub use, or permission given without such consent shall be void as to City. This is a professional services agreement and the Consultant was chosen on the basis of characteristics unique to the Consultant and the sub- consultants listed in its Proposal. City shall have the right to unreasonably or arbitrarily withhold its consent to any such assignment,transfer, encumbrance,pledge, sub use,or permission.

6.4 Independent Contractor. Consultant and any agent or employee of Consultant shall act in an independent capacity and not as officers or employees of City. City assumes no liability for Consultant's actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant. Consultant shall not have authority to act as an agent of behalf of City unless specifically authorized to do so in writing. Consultant acknowledges that it is aware that because it is an independent contractor, City is making no deduction from any amount paid to Consultant and is not contributing to any

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fund on its behalf. Consultant disclaims the right to any fee or benefits except as expressly provided for in this Agreement.

As respects all acts or omissions of Consultant relating to Consultant's responsibility for taxes, bonds, payments, or other commitments, implied, or explicit, by or for Consultant, the Consultant agrees to indemnify, defend (at the City's option), and hold harmless the City, its officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with the Consultant's performance or failure to perform under this Section.

ARTICLE VII

ENFORCEMENT OF AGREEMENT

7.1 Events of Default. For purposes of this Section, the word "Default" shall mean the failure of Consultant to perform any of Consultant's duties or obligations or the breach by Consultant of any of the terms and conditions set forth in this Agreement. In addition, Consultant shall be deemed to be in Default upon Consultant's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets, (ii) making a general assignment for the benefit of creditors, (iii)being adjudged bankrupt,(iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing) or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of Consultant's assets or of Consultant's interests hereunder.

City shall not be deemed to be in Default in the performance of any obligation required to be performed by City hereunder unless and until City has failed to perform such obligation for a period of thirty(30) days after receipt of written notice from Consultant specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of City's obligation is such that more than thirty(30) days are required for its performance, then City shall not be deemed to be in Default if City shall commence to cure such performance within such thirty(30) day period and thereafter diligently prosecute the same to completion.

7.2 Immediate Termination for Consultant's Default. In the event of any Default by Consultant, City may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by Consultant of written notice from City. In such event, Consultant shall have no further rights hereunder; City shall have all other rights and remedies as provided by law.

7.3 Termination Without Cause. Either City or Consultant may terminate this Agreement at any time without the necessity of cause or Default by the other Party by giving fifteen (15) days' notice in writing to the other Party. In such event, the Parties shall have no further rights hereunder, except that Consultant shall be paid for all Services rendered prior to such termination.

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7.4 Suspension For Non-Payment. If City fails to make payment when due the Consultant for services and expenses, the Consultant may, upon seven days' written notice to the City, suspend performance of services under this Agreement. Unless payment in full is received by the Consultant within seven days' of the date of the notice, the suspension shall take effect without further notice. In the event of suspension of services, the Consultant shall have no liability to the City for delay or damage caused the City because of such suspension of services.

7.5 Waiver. Inaction by City or Consultant with respect to a Default hereunder shall not be deemed to be wavier of such Default. The waiver by either City or Consultant of any Default hereunder shall not be deemed to be a waiver of any subsequent Default.

ARTICLE VIII

INTELLECTUAL PROPERTY RIGHTS

8.1 Work For Hire. All original designs, plans, specifications, reports, documentation, and other informational materials, whether written or readable by machine, originated or prepare exclusively for the City pursuant to this Agreement(Deliverable Materials) is "work for hire" under the United States Copyright law and shall become the sole property of the City. The Consultant, including its employees, and independent Subcontractor(s), shall not assert any common law or statutory patent, copyright, trademark, or any other intellectual proprietary right to the City to the deliverable Materials.

8.2 Rights in Data. All rights (including, but not limited to publication(s), registration of copyright(s), and trademark(s) in the Deliverables Materials, developed by the Consultant, including its employees, agents, talent and independent Subcontractors pursuant to this Agreement are the sole property of the City. The Consultant, including its employees, agents, talent and independent Subcontractor(s), may not use any such Product mentioned in this article for purposes unrelated to Consultant's work on behalf of the City without prior written consent of the City.

8.3 Intellectual Property Rights Assignment. Consultant, it employees, agents, talent, and independent Subcontractor(s) agree to promptly execute and deliver, upon request by City or any of its successors or assigns at any time and without further compensation of any kind, any power of attorney, assignment, application for copyright, patent, trademark or other intellectual property right protection or other papers or instruments which may be necessary or desirable to fully secure, perfect or otherwise protect to or for the City, its successors and assigns, all right, title, and interest in and to the content of the Deliverable Materials, and cooperate and assists in the prosecution of any action or opposition proceeding involving said rights and any adjudication of the same.

8.4 Moral Rights. Consultant, its employees, agents, talent, and independent Subcontractor(s) hereby irrevocably and forever waives, and agrees never to assert, any Moral Rights in or to the Deliverable materials which Consultant, its employees, agents, talent, and independent Subcontractor(s), may now have or which may accrue to Consultant, its employees,

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agents, talent, and independent Subcontractor(s)' benefit under U.S. or foreign copyright laws and any and all other residual rights and benefits which arise under any other applicable law no in force or hereafter enacted. The term "Moral Rights" shall mean any and all rights of paternity or integrity in or to the Deliverable Materials and the right to object to any modifications, translation or use of said content, and any similar rights existing under judicial or statutory law of any country in the world or under treaty, regardless of whether or not such right is denominated or referred to as a moral right.

8.5 Subcontracting. In the event that Consultant utilizes a Subcontractor(s) for any portion of the Work that is in whole or in part of the specified Deliverable(s) to the City, the agreement between Consultant and the Subcontractor ("Subcontractor Agreement) shall include a statement the identifies that the Deliverable/Work product as a "work-for-hire" as defined in the Act and that all intellectual property rights in the Deliverable/Work product, whether arising in copyright, trademark, service mark or other belongs to and shall vest solely with the City.

Further, the Subcontractor Agreement shall require that the Subcontractor, if necessary, shall grant, transfer, sell and assign, free of charge, exclusively to the City, all titles, rights and interests in and to said Work/Deliverable, including all copyrights and other intellectual property rights. City shall have the right to review any Subcontractor agreement for compliance with this provision.

8.6 Publication. Consultant may not publish or reproduce any Deliverable Material for purposes unrelated to Consultant's work on behalf of the City without prior written consent of the City.

8.7 Intellectual Property Warranty and Indemnification. Consultant represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this contract are either original, not encumbered and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Consultant to produce, at Consultant's own expense, new non-infringing materials, deliverables or Works as a means of remedying any claims of infringement in addition to any other remember available to the City under law or equity. Consultant further agrees to indemnify and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs,judgements or damages of any type alleging or threatening that any materials, deliverables, supplies, equipment, services, or Works provided under this contract infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claims of Infringement). If a Third Party Claim of Infringement is threatened or made before Consultant receives payment under this contract, City shall be entitled,upon written notice to Consultant,to withhold some or all of such payment.

8.8 Enforcement Costs. The Consultant agrees to pay any and all costs the City incurs enforcing the indemnity and defense provisions set forth in Article VIII, including but not limited to, attorney's fees.

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8.9 Data to be Furnished by City. City shall furnish to Consultant such documents and materials as may be relevant and pertinent to the provision of Services hereunder as City may possess or acquire.

8.10 Ownership of Documents. All documents and materials furnished by the City to Consultant pursuant to Section 8.9 hereof shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All documents and materials prepared by Consultant hereunder(the "Documents") shall become the property of the City at the time of payment to Consultant of all fees and expenses for their preparation, and shall be delivered to the City by Consultant at the request of the City. Consultant may retain one copy of all Documents solely for its own records and protection. The Documents prepared by Consultant hereunder shall not be used by the City or others, except for the purpose for which they were intended, without the prior written authorization of the Consultant. The City agrees not to associate Consultant's name with any documents or materials not prepared by Consultant.

ARTICLE IX

MISCELLANEOUS

9.1 Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either City or Consultant to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid,and addressed to the respective Parties at the following addresses:

If to City:Development Services Director
City of Hollister
375 Fifth Street
Hollister, California 95023
FAX No. (831)634-4913
With a copy to: City Attorney
City of Hollister
375 Fifth Street
Hollister,California 95023
FAX No. (831)636-4310
If to Consultant:PlaceWorks, Inc.
1625 Shattuck Ave, Suite 300
Berkeley,California 94709

9.2 Relationship of Parties. Nothing contained herein shall be deemed or construed by the Parties, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the Parties, it being understood and agreed that Consultant is and will be at all times an independent contractor pursuant to this Agreement and shall not, in any way,be considered to be an office,agent or employee of the City.

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9.3 No Third Party Rights. The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this agreement or of any covenant, duty, obligation or undertaking established herein.

9.4 Non-Liability of Members, Officials and Employees of the City. No member, official or employee of the City shall be personally liable to Consultant, or any successor in interest, in the event of any Default or breach by the City or for any amount which may become due to Consultant or Consultant's successors, or on any obligation under terms of this agreement.

Consultant hereby waives and releases any claim Consultant may have against the members, officials or employees of the City with respect to any Default or breach by City of for any amount which may become due to Consultant or Consultant's successors, or any obligations under the terms of this Agreement. Consultant makes such release with the full knowledge of Civil Code Section 1542 and hereby waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable. Section 1542 if the Civil Code provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS

WHICH THE CREDITOR DOES NOT KNOW OR SUP SECT

TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXCEUTING THE RELEASE, WHICH IF KNOWN BY HIM

OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR."

9.5 Headings. All article headings are convenience only and shall not affect the interpretation of this Agreement.

9.6 Non-Assignment. The Consultant shall not assign the obligations under this Agreement, whether by express assignment or by sale of the company, nor any monies due or to become due, without the City's prior written approval. Any assignment in violation of this paragraph shall constitute a Default and is grounds for immediate termination of this Agreement, at the sole discretion of the City. In no event shall any putative assignment create a contractual relationship between the City and any putative assignee.

9.7 Independent Contractors. The Consultant and any Subcontractors employed by the Consultant shall be independent contractors and not agents of the City. Any provisions of this Agreement that may appear to give the City any right to direct the Consultant concerning the details of performing the Services, or the exercise any control over such performance, shall mean only that the Consultant shall follow the direction of the City concerning the end results of the performance.

9.8 Consultant and Subcontractor Principals for Consultant Services. It is understood that this Agreement is if for the unique Professional Services. Retention of the Consultant's Professional Services is based on the particular expertise of the following members of the Consultant's organization: David Early and Carey Stone [Project Team]. Accordingly, performance of Professional Services on the Project may not be delegated to other members of

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the Consultant's organization or to Subcontractors without the prior written consent of the City.

It is mutually agreed that the members of the Project Team are the principal persons responsible for delivery of all Professional Services and may not be removed from the Project without the City's prior written approval. Removal of any member without notice and approval by the City may be considered default of the terms and conditions of this Agreement by the Consultant. In the event any member of the Project team becomes unavailable for any reason, the City may terminate this Agreement pursuant to Section 2.6 City's Right to Terminate for Convenience of this Agreement. Further, the City reserves the right, after consultation with the Consultant, to require any of the Consultant's employees or agents to be removed from the Project.

9.9 Covenants and Conditions. All provisions of this Agreement express as either covenants or conditions on the part of the City or the Consultant shall be deemed to be both covenants and conditions.

9.10 Compliance with Controlling Law. The Consultant and all Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statues, regulations, policies and laws of the City of Hollister, the federal, and state or local governmental agency of competent jurisdiction applicable to this Agreement. In addition, the Consultant shall comply immediately with all directives issued by the City or its authorized representatives under authority of any laws, statutes, ordinances, rules, or regulations. The laws of the State of California shall govern and control the terms of this Agreement.

9.11 Licenses, Permits, Fees and Assessments. Consultant shall obtain, at Consultant's sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the Services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for the performance of the Services required by this Agreement.

9.12 Jurisdiction. The City and Consultant agree that the jurisdiction and applicable laws for any suit or proceeding concerning this Agreement, the interpretation or application of any of its terms, or any related disputes shall be in accordance with the laws of the State of California. Any suit brought by either party against the other arising out of the performance for this agreement shall be filed and maintained in the County of San Benito.

9.13 Attorney Fees. City and Consultant agree that in the event of litigation to enforce this Agreement or terms, provisions and conditions contained herein, to terminate this Agreement, or to collect damages for a Default hereunder, the prevailing party shall be entitled to all costs and expenses, including reasonable attorneys' fees, incurred in connection with such litigation.

9.14 Successor in Interest. This Agreement and all rights and obligations created by this Agreement shall be in force and effect whether or not any Parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this agreement shall be vested and binding on any Party's successor in interest.

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9.15 Integration. This Agreement and the Exhibits and references incorporated into this Agreement fully express all understandings of the Parties concerning the matters covered in the Agreement. No change, alteration, amendment, or modification of the terms or conditions of this Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties.

All prior negotiations and agreements are merged into this Agreement.

9.16 Counterparts. This Agreement may be executed in counterparts, which when taken together shall constitute a single signed original as though all Parties has executed the same page.

9.17 No Waiver. No failure if either the City or the Consultant to insist upon the strict performance by the other of any covenant, term or condition of this Agreement, or any failure to exercise any right or remedy consequent upon a breach of any covenant, tern or condition of this Agreement, shall constitute a waiver of any such breach of such covenant, term, or conditions.

No wavier of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect without respect to any existing or subsequent breach.

9.18 Severability. The unenforceability, invalidity, or illegality or any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal.

9.19 Additional Consultants or Contractors. The City reserves the right to employ, at its own expense, such additional Consultants or contractors as the City deems necessary to perform work or to provide the Services.

9.20 Employment of City Staff. This agreement may be unilaterally and immediately terminated by the City, at its sole discretion, if the Consultant employs an individual who,within the last twelve (12) months immediately preceding such employment did, in the individual's capacity as an officer or employee of the City, participate in, negotiate with, or otherwise have an influence on the recommendation made to the City Council or Mayor in connection with the selection of the Consultant.

9.21 Municipal Powers. Nothing in this Agreement shall be construed as a limitation upon the powers of the City as a Municipal Cooperation of the State of California.

9.22 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and condition of this Agreement, and the decision of whether or not to seek advice of counsel with respect to the Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the Agreement.

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9.23 Signing Authority. Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. Consultant shall, at City's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.

9.24 Conflicts Between Terms. If an applicant conflict or inconsistency exists between the main body of this Agreement and the Exhibits, the main body of this Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order or code and this Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this Agreement, the Exhibits, and laws, rules, regulations, orders or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Agreement.

9.25 Consultant Evaluation. City will evaluate Consultant's performance of Services.

A copy of the evaluation will be sent to the Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.

9.26 Exhibits Incorporated. All Exhibits referenced in this Agreement are incorporated into the agreement by this reference.

9.27 Survival of Obligations. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with this Agreement, as well as all continuing obligations indicated in this Agreement, shall survive, completion and acceptance of the Professional Services and termination or completion of the Agreement.

9.28 Public Records. This contract is public document subject to the California Public Records Act, and as such may be subject to public review.

9.29 Remedies Cumulative. The remedies given to City and Consultant herein shall be cumulative and are given without impairing any other rights given City or Consultant by statue or law now existing or hereafter enacted and the exercise on any one (1)remedy by City or Consultant shall not exclude the exercise of any other remedy.

9.30 Effect of Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby,and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

9.31 Successors and Assigns. This Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the

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successors and assigns of City and to the permitted successors and assigns of the Consultant, and all references to "City" or "Consultant" shall be deemed to refer to and include all permitted successors and assigns of such Party.

9.32 Entire Agreement. This Agreement and the exhibits hereto contain the entire agreement of the City and the Consultant with respect to the matters covered hereby, and no agreement, statement or promise made by either City or Consultant which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Agreement may be amended,modified or added except by an agreement in writing signed by City and Consultant.

9.33 Conflicts of Interest.No member, official or employee of the City shall have any personal interest, direct or indirect, in this Agreement nor shall any such member, official or employee participate in any decision relating to this Agreement which affect his or her personal interests of any corporation,partnership or association in which he or she is directly or indirectly interested.

9.34 Time for Acceptance of Agreement by City. This Agreement, when executed by Consultant and delivered to City, must be authorized, executed and delivered by the City on or before forty-five (45) days after the execution and delivery by Consultant or this Agreement shall be void, except to the extent that Consultant and City consent in writing to a further extension of time for authorization, execution and delivery of this Agreement.

9.35 Effective Date.This Agreement shall be effective on the Date of Agreement.

Remainder ofpage intentionally left blank;signatures of next page)

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IN WITNESS WHEREOF, THE CITY AND THE CONSULTANT HAVE

EXECUTED THIS AGREEMENT AS OF THE RESPECTIVE DATES SET FORTH BELOW.

CITY"

CITY OF HOLLISTER
Dated: ;243 f 2o2-0 By:

Brett Miller
Interim City Manager
ATTEST:

CHRIS,.TINE BLACK, CITY CLERK
APPROVED tO FORM:

JASON E1PERSON, CITY ATTORNEY
By:

CONSULTANT"
PLACEWORKS,INC.,
a California corporation
Dated: By:

Steve Noack
Principal

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EXHIBIT A:

SCOPE OF WORK AND COSTS
This exhibit describes the scope of services, schedule, products, and meetings for the General Plan Update to be conducted by PlaceWorks for the City of Hollister in cooperation with Kimley-Horn, BAE Urban Economics, Todd Bressi, Atlas Planning Solutions,and Environmental Collaborative.

SCOPE OF SERVICES
This section describes the scope of services to be completed by the PlaceWorks team for the Hollister General Plan Update.

A summary of the work program is presented in Table 1.

Task 1. Startup and Project Management
The purpose of this task is to lay the groundwork for the General Plan Update and EIR. It is an opportunity for the PlaceWorks'team to get acquainted with City staff,City leaders, and stakeholder groups,and vice versa.This task also provides the opportunity to define project logistics, establish communication protocols, assemble data, and begin the process of community outreach.

1.1 Kick-Off Meeting
PlaceWorks will organize a kick-off meeting with City staff to review the work program, schedule and discuss the objectives of the General Plan Update as well as identify data sources.We will also discuss the community outreach strategy and the GPAC meetings in general terms to establish team member roles.

1.2 Background Data Assembly and Review
In keeping with the City's desires expressed in the RFP, the PlaceWorks Team will efficiently use available data sources and technical tools to minimize costs associated with new data collection efforts.At a minimum, we will assemble, review and utilize the following existing materials:

City of Hollister 2005—2023 General Plan and General Plan EIR Hollister 2018 General Plan Annual Progress Report
City's existing GIS Layers
2017 Parks and Recreation Plan
Residential development list and map
Inventory of recent building activity
Information on recent and pending annexations and pending development projects

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CITY OF HOLLISTER

GENERAL PLAN UPDATE
EXHIBIT A: SCOPE OF WORK AND COSTS
TABLE 1 WORK PROGRAM SUMMARY
Task 1: Startup and Project Management

1.1 Kick-Off Meeting 1.5 GPAC Meeting#1:Project lack-off

1.2 Background Data Assembly&Review 1.6 Ongoing Communication

1.3 Scope Finalization 1.7 Project Management

1.4 Public Involvement Strategy
Task 2: Baseline Conditions and Future Trends

2.1 Existing General Plan Audit 2.3 Environmental Baseline

2.2 Transportation Baseline :2.4 Market Demand Analysis Task 3: Vision

3.1 Draft Vision Statement 3.2 Vision Statement Review
Task 4: Policy Assessments and Design Alternatives

4.1 Land Use and Design Issues 4.3 GPAC Meetings and Public

4.2 Circulation Issues Workshops

4.4 Mid-Point Commission and Council
Check-ins
Task 5: Draft General Plan

5.1 Land Use and Community Design 5.6 Community Services and Facilities Element Element

5.2 Circulation Element 5.7 Economic Development Element

5.3 Open Space and Agriculture Element 5.8 Arts Element

5.4 Natural Resources and Conservation 5.9 GPAC Meetings and Community Element Outreach Event

5.5 Health and Safety Element
Task 6: Other Work Products

6.1 Coordination with San Benito County 6.5 Climate Action Plan

6.2 Design Guidelines 6.6 Hazard Mitigation Plan

6.3 SB 743 Implementation Program 6.7 Municipal Services Review

6.4 Agricultural Lands Mitigation Program 6.8 GPAC Meetings and Community Outreach Event
Task 7: Environmental Impact Report

7.1 Notice of Preparation and Scoping 7.4 Draft BR and Public Review

7.2 Buildout Calculations 7.5 Final BR and Response to

7.3 Administrative Draft BR Comments

7.6 Findings and Ovenidng
Considerations
Task 8: Public Review and Adoption

8.1 Certification and Adoption Hearings &2 Final Documents Information on services provided by City Community Facilities Districts(CFDs) San Benito County General Plan
San Benito County LAFCO regulations and reports, including current Municipal Service Reviews(MSRs)
Hollister Service Area MOU and Map
Information from State of California Department of Housing and Community Development(HCD)regarding needed General Plan Updates to comply with Housing Element law
Information regarding the establishment of the GPAC

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CITY OF HOLLISTER

GENERAL PLAN UPDATE
EXHIBIT A: SCOPE OF WORK AND COSTS
Complete Streets Study for Buena Vista Road, Santa Ana Road, Meridian Street and Memorial Drive

1.3 Scope Finalization
The PlaceWorks team will finalize and submit a project work program based on City input to the proposed scope of work. Potential changes may include the sequence of community outreach events, identification of additional specific planning issues to be addressed,and increased or decreased focus on particular areas of analysis.

1.4 Public Involvement Strategy
PlaceWorks will prepare a Public Involvement Strategy that incorporates feedback from City staff and outreach goals established by the City Council. The Public Involvement Strategy will:

Describe outreach goals;
Identify ways to engage underrepresented groups in the community, including preparing materials and conducting meetings in English and Spanish; Define public input "channels" such as workshops, pop-up events, presentations to community groups,and online engagement by which to gather community opinions; Describe role of the General Plan Advisory Committee and identify the potential meeting series;and
Identify the outreach timeline.

1.5 GPAC Meeting #1: Project Kick-off
PlaceWorks will facilitate the first GPAC meeting to introduce GPAC members to the project, discuss the role of the GPAC in the General Plan Update, review the project schedule, and discuss goals and expectations for the process. We will also gather initial comments from GPAC members on key issues and concerns for the General Plan Update.

PlaceWorks will provide the GPAC with by-laws and a description of the GPAC's roles and responsibilities.

1.6 Ongoing Communication
PlaceWorks will provide regular project status calls with City staff in order to maintain close, effective communication between project team members. Regular status calls will ensure that obstacles to progress are addressed and resolved in a timely manner and will ensure that the project remains on schedule and within budget. PlaceWorks will provide the conference line and conduct scheduling in coordination with the City and key team members. PlaceWorks staff will prepare and maintain a project schedule and an action item list that will serve as the basis for the status check-ins. The frequency of calls will vary throughout the project, with calls taking place weekly during particularly active periods and bi-weekly (i.e. every other week) during less active periods. This scope of

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CITY OF HOLLISTER
I'

GENERAL PLAN UPDATE
EXHIBIT A: SCOPE OF WORK AND COSTS
work includes a total of 10 to 20 calls each for key staff members as well as up to eight in- person meetings with the Principal-in-Charge(David Early).

1.7 Project Management
This task covers PlaceWorks' role in managing the consultant team and coordinating on a day-to-day basis with City staff.

Task 2. Baseline Conditions and Future Trends
In this task, the PlaceWorks team will conduct research and analysis that will inform the community discussion of key issues and the environmental analysis of the General Plan Update.

2.1 Existing General Plan Audit
The City of Hollister's General Plan was last comprehensively updated in 2005.Since that time, the State has adopted several laws that affect content and process for general plans. The City has adopted some targeted updates to some of the General Plan elements since they were originally adopted,so some State mandates have been fulfilled.

PlaceWorks will review the City's current General Plan in light of applicable State legislation and prepare a memorandum identifying updates needed to bring the General Plan into conformance with current State law.

Based on a preliminary review, the City's General Plan may need to be updated to incorporate the following laws adopted since 2005:

Climate Change and Greenhouse Gas(GHG)Emissions(AB 32,2006) Local Hazard Mitigation Plan Integration(AB 2410,2006)
Flood Control(AB 162,2007;SB 5,2007;AB 70,2007;AB 156,2007) Sustainable Communities(SB 375,2008;SB 575,2009)
Complete Streets Act(AB 1358,2008)
Fire Hazards(SB 1207,2010;SB 1241,2014)
Disadvantaged Unincorporated Communities(SB 244,2011;SB 1090,2012) Expedited Infill Development(SB 226,2011)
Transportation Impacts(SB 743,2013)
Property and Business Improvement Districts and Infrastructure Financing Districts SB 1462,2014)
Sustainable Groundwater Management Act(AB 1739,2014)
Tribal Cultural Resources(AB 52,2014)
Climate Change Adaptation(SB 379,2015)
2030 GHG Emissions Target(SB 32,2016)
Planning for Healthy Communities Act(SB 1000,2016)

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CITY OF HOLLISTER

GENERAL PLAN UPDATE
EXHIBIT A: SCOPE OF WORK AND COSTS

2.2 Transportation Baseline
Kimley-Horn will analyze existing transportation services as a baseline for both the General Plan Update and its EIR.

Existing traffic conditions including:
o Review traffic counts from recently completed traffic studies. o New counts at up to 30 intersections for the AM and PM peak periods (2 hour period).
o 24-hour roadway segment counts at up to 20 locations
The City's existing roadway network including functional classifications; Existing travel patterns;
Existing commuter mode choice;
The City's historic collision experience for different types of users (autos, pedestrians, and bicyclists), compared to that of similar-sized jurisdictions within California;
Existing bicycle and pedestrian facilities in the City; Existing transit operations in the City;and
Current bus ridership and trends.

2.3 Environmental Baseline
PlaceWorks will use the 2005 General Plan EIR and more recent environmental documents prepared by the City,as well as limited new reconnaissance described below, to define the environmental baseline for both the General Plan and its EIR.Topics to be addressed include:

Aesthetics. PlaceWorks will describe the physical form of development in Hollister and the unique design characteristics of development in different areas of the community.

Agriculture and Forestry Resources. PlaceWorks will document existing agricultural and forestry resources.

Air Quality and Greenhouse Gas Emissions. PlaceWorks will describe the existing air quality setting and baseline GHG emissions inventory in Hollister.

Biological Resources. Environmental Collaborative will describe biological and wetland resources in the planning area. The report will provide information on vegetation types, wildlife habitat, potential for special-status species and jurisdictional wetlands,and any other important biotic features.

Cultural Resources and Tribal Cultural Resources. PlaceWorks will describe existing known archaeological and historic built resources, tribal cultural resources, and other cultural resources.

Energy.PlaceWorks will describe the local energy infrastructure system.

Geology and Soils. PlaceWorks will define the existing geologic, soils, andIligroundwatercharacteristicswithinthecity, identify regional seismic influences,note and explain the characteristics of any areas containing constraints to development, and evaluate project impacts.

Hazards and Hazardous Materials.PlaceWorks will describe hazardous materials sites listed on federal, State, and local regulatory agency databases in the city and describe hazards associated with these sites. This section will also address safety hazards related to aviation activities associated with the City's airport, and emergency preparedness.

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Hydrology and Water Quality. PlaceWorks will describe existing hydrology and water quality conditions, including the hydrological setting, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards.

Land Use and Planning. PlaceWorks will document existing land uses and describe plans and regulations that govern land use decisions.

Mineral Resources. PlaceWorks will describe existing mineral resources in Hollister(if any). An experienced PlaceWorks senior geologist, professionally licensed in the State of California,will personally prepare this section.

Noise and Vibration.PlaceWorks will describe the existing noise setting in Hollister.

Population and Housing.PlaceWorks will describe the demographic characteristics of Hollister residents. We will compare these characteristics to San Benito County and the rest of California and look at demographic trends over time. We will also describe characteristics of the existing housing stock in Hollister.

Public Services and Recreation. PlaceWorks will describe public services, including fire and emergency medical services, police services, schools, and libraries, as well existing park and recreation facilities.

Utilities and Service Systems.PlaceWorks will describe the existing water,sewer, and storm drainage systems.

Wildfire. PlaceWorks will describe wildfire risk to Hollister, identifying exacerbated risks from changes to the natural landscape and infrastructure. This section will identify conflicts with existing State and local emergency response plans and emergency evacuation plans and assess vulnerable populations at higher wildfire risk as a result of runoff,post-fire slope instability,or drainage issues.

2.4 Market Demand Analysis
To provide economic context for the General Plan Update, BAE will prepare a Market Demand Analysis. The analysis will provide the basis to develop a common understanding of economic opportunities and challenges facing the City and the implications for the General Plan Update. The market demand analysis will be built upon background analysis of topics such as local demographic characteristics, trends, and population growth projections; local industry characteristics,trends, and job projections; jobs/housing balance; retail supply/demand; the City's economic niche within the regional economy; and discussion of anticipated drivers of economic growth in the coming years. BAE will compile additional data on local real estate market conditions and trends, including rents, sale prices, and vacancy rates for residential and non-residential e.g., retail, office, industrial) sectors, and absorption trends. BAE will synthesize the information to develop demand projections for residential and non-residential real estate through the General Plan time horizon.

Task 3. Vision
The existing General Plan is based on an implicit vision to see Hollister maintain its small- town character, enhance its core, accommodate appropriately scaled growth, and plan for new,economically sustainable development. However,this vision is not articulated in a succinct vision statement,as would normally be the case in a General Plan prepared by

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PlaceWorks. In this task, PlaceWorks will draft a more concrete vision statement and ensure that this vision is still intact and valid.

3.1 Draft Vision Statement
PlaceWorks will draft a Vision Statement for inclusion in the new General Plan,which will be based on the ideas articulated in the current General Plan that include maintenance of small-town character; compact, small-footprint growth, enhancement of the Downtown and core areas, accommodation of appropriately scaled growth; and sustainable economic development.

3.2 Vision Statement Review
Once the Vision Statement is drafted, PlaceWorks will submit it to City staff for review and revision.

After incorporating City staff comments, the Vision Statement will be presented at a public visioning workshop,and then to the GPAC at GPAC meeting#2 as described below.

Finally,the Vision Statement will be reviewed, amended as needed and approved by the Planning Commission and City Council at the Mid-Point Check-Ins in Task 4.4. a. Community Workshop #1
This first public workshop will be an opportunity to introduce members of the community to the citywide General Plan Update and the staff and consultant team.This meeting will also include a visioning component, designed to gather information regarding the community's vision for the future of Hollister and issues to be addressed in the General Plan. PlaceWorks also proposes an online exercise to accompany the community workshop so all community members have the opportunity to participate. b. GPAC Meeting #2:Vision
PlaceWorks will facilitate a GPAC meeting to report on the Community Workshop, review the Draft Vision Statement,and receive feedback on suggested revisions.

Task 4. Policy Assessments and Design Alternatives
PlaceWorks will develop a series of policy and design alternatives for community consideration. These alternatives will be assessed at community workshops and GPAC meetings and will then be approved at Mid-Point Check-In Meetings with the both the Planning Commission and City Council at the close of this task.

4.1 Land Use and Design Issues
Sphere of Influence Expansion. PlaceWorks will prepare an analysis of areas that could be added to the City's SOl as a means to allow for future development. The

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SOI analysis will consider the existence of agricultural resources, utilities and public service provision,and transportation facilities.

Development in Unincorporated Areas. PlaceWorks will assess the means by which the City might influence urbanization within unincorporated San Benito County near and adjacent to City limits. This will include suggestions for changes to the existing Hollister Service Area boundary as well as changes to policies regarding connection of unincorporated development to City services.

Special Planning Areas. PlaceWorks will prepare three new"Special Planning Area" designations for inclusion in the Land Use and Community Design Element, in formats consistent with the Special Planning Area designations that already exist in the current General Plan.The new SPA designations shall cover:

The Buena Vista Road corridor between Highway 156 and San Benito Street, taking into consideration the future extension of Westside Road and alternative routes to access Highway 156.

The Union Road corridor between San Benito Street and Airline Highway.

The Meridian Street extension(to Fairview Road),between Santa Ana Road,Santa Ana Creek, Hillcrest Road and Fairview Road.

During this subtask, PlaceWorks will develop design alternatives for each of these areas, with an eye toward compact development, reducing vehicle miles traveled through the development of commercial neighborhood nodes, and adequate provision of schools and parks.

Downtown and North Gateway Land Use Designations. PlaceWorks will develop several alternative design and regulatory approaches to address the area bounded by Third Street, Santa Ana Road, McCray Street and the line of Monterey Street through Vista Park / Hill Park, with possible options to alter the land use designation to North Gateway, Neighborhood Mixed Use, or General Commercial, or to alter land use policy to more flexibly accommodate a variety of commercial establishments such as limited drive throughs. This task will also consider the inclusion of a high-density residential mixed-use component in the North Gateway Land Use Designation.

Housing Designations. PlaceWorks will develop several alternative means that the General Plan can respond to State Housing Element requirements that the City have housing designations with minimum densities of 20 to 25 dwelling units per acre. Alternatives might include splitting the existing high-density residential designation in two, with one designation requiring a minimum of 20 or 25 units, which might also include creation of a new land use designation.

Inclusionary Housing. PlaceWorks will develop several alternatives for inclusionary housing policies and policies that might require a percentage of rental residential units within each residential project or subdivision.

Industry and Job Generation. PlaceWorks will develop several alternative methods to address the following:

Changes to industrial land use designations to allow for lower intensity uses such as mechanic shops and auto body shops in some areas.

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Potential for limited for-profit revenue generating land uses in the Public,Airport and Public Facilities land use designations.

Potential policies and programs to encourage shared workspaces and cut commuting.

4.2 Circulation Issues
Complete Streets. PlaceWorks and Kimley-Horn will develop a variety of draft Complete Streets policies for inclusion in the Circulation Element consistent with previous City complete streets projects for Fourth Street, Nash-Tres Pinos Road, Sunnyslope Road and McCray Street.

Safe Routes to Schools.PlaceWorks and Kimley-Horn will develop a toolbox of Safe Routes To Schools concepts for application throughout the City.

Roadway Level of Service. Kimley-Horn will develop alternative policies to support maintenance of varying roadway levels of service (LOS) at various intersections in the City.

Roundabouts. PlaceWorks and Kimley-Horn will develop up to three concepts for roundabout design and implementation in Hollister to implement City Council Resolution No. 2019-75, as well as a map showing a range of locations where roundabouts might be required in the future.

4.3 GPAC Meetings and Public Workshops
PlaceWorks will lead a total of two GPAC meetings,two community outreach events,and an online engagement exercise to consider and make preliminary decisions regarding the findings and alternatives developed in Tasks 4.1 and 4.2.

4.4 Mid-Point Commission and Council Check-Ins
Once the GPAC has made preliminary recommendations regarding both the Vision Statement (Task 3) and the findings and alternatives (Task 4), PlaceWorks will present these recommendations at Mid-Point Check-In Meetings with both the Planning Commission and City Council. These two meetings will provide the Commission and Council with opportunities to review the work to date and provide guidance on any issues that may be of concern.

Task 5. Draft General Plan
The General Plan Update will address all existing General Plan elements except for the Housing Element, which cannot be updated until a new Regional Housing Needs Allocation(RHNA) is assigned in 2022. However,as noted in the RFP,the Update will not be a comprehensive rewrite of each element. Instead, each element will be edited to remove any goals, policies and actions that are no longer relevant and to add needed new language, both to bring the General Plan into compliance with State law,and also to address today's conditions. At a minimum,the Update will consider AB 2140,AB 162,SB

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5,AB 70,AB 156,AB 1358,SB 375,SB 575,SB 1207,SB 1241,SB 226,SB 244,SB 1000,SB 1090,SB 743,SB 1462,AB 1739,AB 52,SB 379,and AB 32.

The General Plan Update prepared by PlaceWorks will be in a form suitable for both reading as a printed volume and for online viewing. The document will also be created in a format that allows City staff to make text amendments easily and efficiently,in both the printed and on-line versions. As part of this task, PlaceWorks will prepare an Administrative,Screencheck,and Public Review Draft of the General Plan.

We anticipate that the updated General Plan will follow the same overall outline as the existing 2005 General Plan,including the following elements:

5.1 Land Use and Community Design Element
In addition to changes to the Element necessitated by changes in State law or existing conditions, PlaceWorks will make the following changes and additions to the Land Use and Community Design Element:

Sphere of Influence Expansion. Based on the results of Task 4.1, the Element will include new policy guidance regarding expansion of Hollister's SOl, at a minimum covering the Buena Vista Road and Union Road Special Planning Areas, along with any SOI expansion areas identified through the planning process. The SOl Expansion policies will also include a phasing strategy and implementation to show how phases shall be completed before development moves to further phases.

Note that the RFP specifies that this task should be included in the General Plan EIR, but PlaceWorks believes that it is more appropriately included as policy in the General Plan itself.

Service Provision in Unincorporated Areas. PlaceWorks will incorporate changes to both the Hollister Service Area map and the City's policies regarding service provision in unincorporated areas that may arise from Task 4.1.

Disadvantaged Communities. As per Government Code Section 56430, Disadvantaged Communities (DACs) are unincorporated islands or fringe communities within an SOI that suffer from social and economic hardships. Before the due date for adoption of the next housing element,the General Plan Land Use Element must be updated to identify and describe each underserved DAC;analyze the municipal services provided to each DAC; and identify alternatives for the extension of services to underserved DACs where needed. PlaceWorks will document any such communities in and around Hollister, and will propose legally mandated policies to annex or otherwise assist these communities as the annexation process in other areas continues.

Special Planning Areas. Based on the results of Task 4.1, PlaceWorks will prepare three new "Special Planning Area" designations for inclusion in the Land Use and Community Design Element, in formats consistent with the Special Planning Area designations that already exist in the current General Plan.As noted earlier in this proposal,the new SPA designations will cover:

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o The Buena Vista Road corridor between Highway 156 and San Benito Street,taking into consideration the future extension of Westside Road and alternative routes to access Highway 156.
o The Union Road corridor between San Benito Street and Airline Highway. o The Meridian Street extension (to Fairview Road), between Santa Ana Road,Santa Ana Creek,Hillcrest Road and Fairview Road.

Northern Downtown Area. Based on the results of Task 4.1, PlaceWorks will • finalize the regulatory approach to address the Northern Downtown area bounded by Third Street, Santa Ana Road, McCray Street and the line of Monterey Street through the Vista Park/Hill Park area.

Design Standards and Historic Preservation. PlaceWorks will develop new policies to require that development comply with City design standards (to be developed in Task 6) in some land use designations,and that it be consistent with the historic fabric within and adjacent to the City's two historic districts.

New Land Use Designations and Job-Generating and Inclusionary Policies. Based on the results of Task 4.1, PlaceWorks will amend the land use map and land use policies with new housing and industrial designations, with any new policies intended to enhance job generation,and with any new inclusionary or multi-family housing requirements.

Growth Management Ordinance. The City recently passed a housing Growth Management Ordinance that caps annual construction of market-rate single-family homes. PlaceWorks will develop policy language to include in the Land Use Element to serve as the policy basis for this ordinance.

CFD Annexation Requirements. PlaceWorks will develop new policies requiring new residential development to be annexed into the City of Hollister Community Facilities Districts Numbers 2 and 5.

5.2 Circulation Element
In addition to changes to the Element necessitated by changes in State law or existing conditions, PlaceWorks will make the following changes and additions to the Circulation Element consistent with the results of Task 4.2.

Complete Streets and Safe Routes To School. PlaceWorks will incorporate the conclusions from Task 4.2 regarding Complete Streets and Safe Routes to Schools.

Level of Service. PlaceWorks will develop policy language to support maintenance of varying roadway LOS as a policy goal of the General Plan, so as to allow for assessment and mitigation of LOS under CEQA even after implementation of SB 743 and the transition to assessment of VMT in CEQA documents. Kimley-Horn will conduct a LOS analysis for the preferred land use scenario for up to 30 intersections (AM and PM peak-hour analysis) and 20 roadway segments. In addition, Kimley-Horn will determine the required infrastructure improvements needed to maintain LOS standards. As part of this task, Kimley-Horn will assess whether there will be any environmental justice impacts that could occur from the proposed improvements.

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Roundabouts. PlaceWorks will develop a policy for requiring roundabouts for intersection control consistent with City Council Resolution No.2019-75,as well as a map showing where roundabouts are envisioned in the future.

5.3 Open Space and Agriculture Element
PlaceWorks will amend this Element to respond to changes in State law or existing conditions,and to incorporate the results of the 2017 Parks and Recreation Plan.

5.4 Natural Resources and Conservation Element
PlaceWorks will amend this Element to respond to changes in State law or existing conditions.

5.5 Health and Safety Element
PlaceWorks will revise and augment this existing General Plan Element to cover the requirements for the Safety Element and to also include a discussion and policy framework regarding community health.

This update will include analysis and policies regarding fire and flood hazard management, which is required prior to adoption of the next Housing Element as per Government Code Section 65302(g).

This chapter will also address the requirements for an Environmental Justice Element under SB 1000. Given the significant farmworker community in Hollister, specific attention will be given to assess and address the needs of underserved communities in the city. PlaceWorks is one of the State's leaders in implementation of SB 1000 and the preparation of General Plans that address community health, so we are well positioned to take on this task.

PlaceWorks will also update the noise portions of this Element. PlaceWorks will model existing and General Plan buildout traffic noise levels using a version of the U.S. Federal Highway Administration (FHWA)Traffic Noise Prediction Model. PlaceWorks will develop noise contours based on the existing traffic data and future forecasts.The noise contour map will identify areas along highway and roadway segments that would be exposed to noise levels above criteria included in the City's General Plan Noise Element. Though anticipated to be minimal,existing and future noise from rail operations along the Union Pacific Hollister Branch will be characterized using the Federal Transit Administration and the Federal Railroad Administration noise models and available freight operational data.

Existing noise from aircraft overflights at the Hollister Municipal Airport will also be evaluated using available data.

5.6 Community Services and Facilities Element
PlaceWorks will amend the Community Services and Facilities Element to respond to changes in State law, respond to emerging trends and best practices,and to reflect input received through the outreach process.

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5.7 Economic Development Element
BAE will take the lead in preparing an Economic Development Element for the General Plan, to incorporate goals, policies, and implementation measures that reflect the City's vision for local economic development that complements and is reinforced by the other General Plan elements. Among others, anticipated goals will include reducing local out- commuting by improving the local jobs housing balance and creating a more diverse and robust tax base to support high quality local services. The Economic Element will focus on issues such as job attraction; building on local successes such as Kitty Hawk,Teknova, and American Casting Company; supporting and leveraging the surrounding agricultural industry; capitalizing on opportunities related to the airport, the industrial area, the expanding cannabis sector, wine industry, and tourism development related to the Pinnacles Gateway Partnership and Hollister Hills recreational activities.

5.8 Arts Element
Todd Bressi will prepare an Arts Element that provides policy direction for supporting arts organizations, expanding arts programming in public spaces, and generating capital investments in arts facilities.

Preparation of the Arts Element will include its own stand-alone outreach process that will engage key stakeholders at up to four meetings,such as the San Benito Arts Council, theatres, music organizations,working artists, high school arts students,decisionmakers, and others.

5.9 GPAC Meetings and Community Outreach Event
PlaceWorks will facilitate up to three meetings with the GPAC and two community outreach events to share the results of the Task 5 work products and seek feedback on the evolving General Plan content.

Task 6. Other Work Products
In this task, PlaceWorks will fulfill several goals of the overall General Plan Update project that will not involve amendments to the General Plan itself.

6.1 Coordination with San Benito County
PlaceWorks will be available to assist the City in negotiating with San Benito County on key issues that face both the City and County, such as SOI expansion, annexation, and development in unincorporated areas near the city under County jurisdiction.

6.2 Design Guidelines
PlaceWorks will develop a set of commercial design guidelines that can be used in conjunction with the General Plan for the West Gateway, Downtown and Neighborhood

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Mixed Use land use designations. These design guidelines will provide guidance to ensure"four sided"facade treatment of a high-quality and consistent with desirable local precedents.

6.3 SB 743 Implementation Program
The PlaceWorks team will assist the City with developing a VMT CEQA threshold in compliance with SB 743. The VMT threshold will be in addition to the City's LOS standards adopted in the General Plan.

To develop the VMT CEQA threshold, the PlaceWorks team will undertake the following tasks:

Establish Baseline VMT Data. Review the AMBAG Regional Traffic Demand model and any other relevant background data to determine the best approach for establishing VMT baselines. Baseline VMT will be reported by major trip types.

Develop VMT Mitigation Measures. Develop mitigation strategies to reduce VMT and document the methodologies and approaches to quantify VMT reductions for up to five mitigation measures.

Develop Potential VMT Threshold and Methodology. Develop, evaluate, and test potential VMT thresholds for projects. The PlaceWorks team will recommend a final VMT threshold based on the results of the analysis of potential thresholds.As part of this task,the PlaceWorks team will identify a VMT calculation methodology.

Prepare Draft and Final Reports. The PlaceWorks team will summarize the final VMT program in a draft and final report.

6.4 Agricultural Lands Mitigation Program
The current General Plan calls for the development of an agricultural lands mitigation program, and the recent Chappell Road Pre-Zone Project EIR called for 1:1 mitigation for this project. Based on these precedents, PlaceWorks will develop an agricultural lands mitigation program that can be adopted by the City Council by ordinance to apply to all development that results in conversion of agricultural lands for urban uses. The program will specify whether proponents must acquire land for preservation on their own or if they can pay a fee into a "mitigation bank,"and it will identify the location of lands to be acquired for mitigation.

6.5 Climate Action Plan
PlaceWorks will prepare a stand-alone Climate Action Plan (CAP)for the City of Hollister to support community-wide GHG reductions.
a. Prepare GHG inventories
PlaceWorks will prepare a community-wide GHG emissions inventory for the calendar year 2005 and for a current year(2018 or 2019, depending on data availability).We will conduct these data collection activities during Task 2 (Baseline Conditions and Future

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Trends) of the General Plan update process.The 2005 inventory will serve as a baseline against which to measure changes in GHG emissions, while the current year inventory will show how GHG emissions in Hollister have changed. We will prepare the GHG inventories to be consistent with all appropriate guidance documents, including the US Community Protocol for Accounting of Community-Wide Greenhouse Gas Emissions 2012, updated in 2019) and the Global Protocol for Community-Scale Greenhouse Gas Emissions(2014), which are the standards for community-wide inventories. Using these protocols will allow for an effective comparison in emissions between Hollister and other communities.

To prepare the inventories, PlaceWorks will collect data from City departments,as well as external agencies and organizations. Based on guidance documents and our understanding of Hollister, we anticipate that the inventories will cover emissions from building energy use, on-road transportation, solid waste generation, off-road equipment use,water and wastewater use,changes in land uses,and agricultural activities. b. Prepare GHG Forecast and Identify Reduction Targets We will use the GHG inventories to prepare forecasts of future community-wide emissions out to 2050,to be consistent with state plans for long-term GHG reductions.

The forecast will show expected emissions without the benefit of reduction activities from state, regional, and local activities. It will rely on regional data sets along with local growth expectations and development projections.As the forecast(and by extension,the target setting) depends on Hollister's growth projections, we anticipate preparing the forecast and targets after the demographic and land use buildouts and VMT forecasting activities are complete for the General Plan. If desired, we can prepare an interim forecast that uses existing projections, but we will be unable to finalize the forecast until these future data are confirmed. We anticipate that this work will occur during Task 4 Policy Assessments and Design Alternatives) and/or Task 5 (Draft General Plan) of the General Plan update process,depending when data are available.

After the forecast is confirmed, PlaceWorks will provide recommended GHG reduction targets for Hollister. These targets will be consistent with state efforts, while being appropriate for Hollister's community characteristics.The City has discretion to select its own GHG reduction target provided there is substantial evidence to support the selection.We will review options for the City and present them for consideration by City staff and community stakeholders.
c. Identify and Quantify Existing and Planned Activities The PlaceWorks team will work with City staff to identify and analyze progress toward GHG reduction efforts as a result of existing and planned actions. We will use the reductions from these activities to better understand progress that Hollister has made toward future GHG reduction targets, and to identify the gap that remains to be closed by the reduction measures in the CAP. We will look at state efforts such as the Renewables Portfolio Standard (RPS) and the Title 24 Building Standards Code, as well as local and regional efforts such as Monterey Bay Clean Power.

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d. Conduct Community Outreach and Engagement
Community engagement is critical to the success of the CAP.We will support meaningful engagement with community members and key stakeholders through a variety of strategies,as applicable.To ensure that the CAP is effectively integrated into the General Plan,we anticipate that most or all of the outreach and engagement activities associated with the CAP will be part of General Plan outreach and engagement events.These tasks will occur throughout the General Plan update process,including in Task 3(Vision),Task 4 Policy Assessments and Design Alternatives),and Task 5(Draft General Plan).

The scheduling of specific outreach and engagement activities will depend on the status of other deliverables for the CAP. These can include in-person community workshops, open houses, "pop-up" booths and other activities at scheduled community events, and other appropriate engagement strategies. We have been successful with community workshops designed with a variety of meeting approaches and activities, including presentations, small group activities, activity stations in an open house format,visioning and ideation, charrettes, and listening sessions, among others. The approaches recommended will be those that are most responsive to the desired outcomes and expected participants.
e. Develop and Quantify GHG Reduction Measures
PlaceWorks will work with City staff and community stakeholders to develop GHG reduction measures that form a comprehensive approach for Hollister to reduce its GHG emissions consistent with community reduction targets.These measures will be based on the results of the inventory, forecast, and reductions from existing activities, as well as the draft policies proposed for the General Plan, We anticipate that the General Plan policies will establish some level of GHG reductions, but more focused reduction measures may be necessary. In this case,we will use the General Plan vision and policies as a framework for additional reduction measures.

We will ensure that the reduction measures are responsive to community needs and values, are practical for Hollister, and reflect the results of the community engagement and outreach efforts. The measures will take advantage of new technologies and emerging issues, such as adoption of decentralized renewable energy and energy storage, increased fuel switching in the environment and transportation sectors,a robust move toward zero waste, and significant advances in mobility technologies and behaviors, among many others. In addition to achieving short-term and long-term GHG reductions, we understand that these measures can advance other community objectives, known as co-benefits. PlaceWorks will identify opportunities for the GHG reduction measures to achieve co-benefits, which may include adapting to changing climate conditions,enhancing the local economy,saving money,and others.

After preparing the GHG reduction measures and confirming them with City staff,we will quantify the GHG reduction potential of the measures using case studies, peer-reviewed scientific papers, state guidance documents, and other verified sources. All calculations will be performed in an Excel workbook to provide transparency, all methods and assumptions will be clearly documented, and all sources will be identified. We will also provide a clear performance indicator that will show level of participation to achieve the

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GHG reductions and will support effective implementation and monitoring. We will also show the level of resource savings for each measure at the indicated performance level.

As noted above, we will identify the draft General Plan policies that provide GHG reduction efforts, and will then develop additional GHG reduction measures as needed.

Therefore this task must occur after the General Plan policies themselves have been written and confirmed with City staff, during Task 5 (Draft General Plan) of the General Plan update process.
f. Prepare CAP
After completing the GHG measure development and identification of GHG reductions achieved by these measures, we will prepare an administrative draft CAP document.

Before drafting the CAP, we will collaborate with City staff to identify an outline for the CAP and a document template in Word. We will ensure that the CAP is graphically rich, easy to read,and visually engaging.

We will prepare an administrative draft CAP document and submit it to City staff for review. Following this, we will revise the CAP in response to staff comments and, after confirming revisions with City staff during a screencheck process, submit it for public review.Following the public review period, PlaceWorks will prepare a public hearing draft of the CAP to be used in adoption hearings. We will then prepare a final version of the CAP, incorporating any changes directed by City officials and decision makers as part of the adoption process.

We will work with City staff to determine whether the CAP should be submitted for public review and adoption at the same time as the General Plan,or whether it should be completed earlier. Regardless of the specific timing, we anticipate that preparation and adoption of the CAP will likely occur during Task 7 (Environmental Impact Report) and Task 8(Public Review and Adoption)of the General Plan update process.

6.6 Hazard Mitigation Plan
Atlas Planning Solutions will prepare a Local Hazard Mitigation Plan(LHMP)as part of the General Plan Update.

The following tasks are anticipated to complete the LHMP:

Assess and map hazards and critical facilities within the City. It is anticipated the plan will focus on earthquakes,wildfires,floods,drought,and climate change.

Undertake a vulnerability assessment of critical facilities.This task will also address social vulnerability issues associated with the hazards of concern to better understand key populations that may be inordinately vulnerable to these hazards.

Create hazard mitigation strategies and actions to reduce the city's vulnerability.

Engage City staff and stakeholders throughout the project.This includes a kick off meeting/conference call, four Hazard Mitigation Planning Team meetings (core meetings of the LHMP process) and one public meeting as part of the outreach and engagement process.

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Compile recommendations in an administrative draft LHMP. Once complete, this plan will be distributed to City staff for review and comment. Upon receipt of comments, the Public Review Draft LHMP will be prepared and distributed for a 30-day public review period. Upon completion of this period, the plan will be updated and transmitted to the California Office of Emergency Services(Cal OES) and the Federal Emergency Management Agency(FEMA)for review and approval.

6.7 Municipal Services Review
PlaceWorks will augment San Benito LAFCO's existing MSR(s) for urban services in the Hollister Area after adoption of the General Plan and certification of the EIR.The MSR will not require separate environmental review since the SOI boundary change was evaluated under the General Plan EIR.These documents will need to be complete and up to date in order for LAFCO to consider changes to the City's Sphere of Influence and/or subsequent annexations.
a. Administrative Draft MSR
Using the data collected during the General Plan Update and EIR, PlaceWorks will prepare an Administrative Draft MSR/S01 Plan.The Administrative Draft MSR will include a written determination for each of the following nine factors,as required by State law:

Infrastructure needs and deficiencies
Growth and population projections for the affected areas Financing constraints and opportunities
Cost avoidance opportunities
Rate restructuring
Opportunities for shared facilities
Government structure options
Evaluation of management efficiencies
Local accountability and governance
A primary purpose of the MSR is to document the agency's capacity to provide services to current and future development within its SOI. The MSR is an informational tool to determine the most efficient and cost effective manner in which to provide municipal services.

The MSR will describe the following:

Maps with location and capacity of existing and proposed facilities Nature of each service provided
Present service level of capacity
Anticipated service level
Actions necessary to reach anticipated service levels
Projected revenues and expenses for new facilities and services Actual and project cost of services to consumer
Copies of enabling legislation
The MSR will focus on the following primary services provided by the City:

Fire Protection

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Law Enforcement
Water Supply and Treatment
Wastewater Collection and Treatment
Stormwater Drainage
b. Draft MSR
Based on comments from'the City, PlaceWorks will revise the MSR to create a draft document for LAFCO and public review.
c. Final MSR
PlaceWorks will revise the Draft MSR based on comments received during the public review period to generate the Final MSR. The City and San Benito County LAFCO will coordinate adoption of the Final Combined MSR by all responsible parties.

6.8 GPAC Meetings and Community Outreach Event
PlaceWorks will facilitate two meetings with the GPAC and one community outreach event to share the results of the Task 6 work products and seek feedback on the initial recommendations.

Task 7. Environmental Impact Report
In this task, PlaceWorks will prepare an EIR on the proposed General Plan Update and on the other companion items described in Task 6 of this scope of work.

The EIR will also serve as the CEQA document to allow for expansion of Hollister's SOI,at a minimum covering the Buena Vista Road and Union Road Special Planning Areas, along with any SOI expansion areas identified through the planning process. The SOI expansion will be considered as part of the project that is the subject of the EIR. Therefore, this geographical area will be included in the environmental analysis in the EIR and potential growth within this area will be included within any SOI buildout projections analyzed for the General Plan Update.

At the outset of the project, PlaceWorks will consult with City staff to discuss options for the CEQA document. The City may want to consider preparing an Addendum or Subsequent EIR to the City's previous General Plan EIR,or a robust Initial Study followed by a focused EIR. PlaceWorks will help the City to navigate these options and weigh the pros and cons" of each. For the purposes of this proposal, it is assumed that the CEQA process for the General Plan Update will entail a brief Initial Study circulated with the Notice of Preparation to scope out environmental topics on which it is clear that the General Plan Update would have no impact, but that most environmental topics will be analyzed in the EIR.

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EXHIBIT A: SCOPE OF WORK AND COSTS

7.1 Notice of Preparation and Scoping
PlaceWorks will draft a Notice of Preparation (NOP) of an EIR pursuant to CEQA Section 15082, Notice of Preparation and Determination of Scope of EIR.The NOP will include an environmental scoping study with a brief project history and a brief Initial Study describing the topics to be analyzed in the EIR.For any environmental issues found not to require additional analysis, source references will be provided. PlaceWorks will be responsible for circulation to the State Clearinghouse.

During the 30-day comment period on the NOP, PlaceWorks will conduct a scoping meeting to hear comments on the environmental issues to be addressed in the EIR.

PlaceWorks will facilitate the scoping meetings and will prepare a consolidated written summary of the environmental issues raised at the scoping meeting for inclusion in the Draft EIR.

7.2 Buildout Calculations
PlaceWorks, with assistance from BAE, will calculate buildout of the project to be evaluated in the EIR. City staff will review and approve the methodology used for this calculation prior to our analysis. PlaceWorks will prepare a draft set of buildout numbers, make any changes needed,and provide staff with an opportunity for a final review before using those numbers as the basis for evaluation in the EIR.

7.3 Administrative Draft EIR
a. Project Description
PlaceWorks will work with City staff to draft and refine a Project Description based on the updated General Plan, the S01 expansion, and the companion items described in Task 6.

Upon approval by City staff,the Project Description will be distributed to the PlaceWorks team for reference.
b. Environmental Analysis
PlaceWorks will prepare an EIR that focuses on CEQA resource categories where substantial evidence of a potentially significant environmental impact exists, while scoping out environmental issues on which it can be seen with certainty that the project would have no significant negative impact on the basis of existing documentation and regulation. Where appropriate, PlaceWorks will recommend policy language to be incorporated into the General Plan to avoid significant impacts. Where necessary, PlaceWorks will recommend mitigation measures to reduce impacts.

The "setting" (existing conditions) section for each subject area of the EIR will build on the baseline analyses conducted in Task 2.

In keeping with the requirements of CEQA, the environmental review will include a detailed analysis to determine the environmental impacts for the following resource

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categories. Any CEQA thresholds of significance determined in the Initial Study not to require additional analysis will not be included.

Aesthetic.The aesthetics analysis will review the Draft General Plan Update land use map, policies,and programs that may impact scenic vistas and other scenic re- sources. PlaceWorks will use its expertise in urban design and visual assessment, and its familiarity with the city's visual resources, to analyze potential aesthetic impacts related to visual compatibility with the surrounding land uses.

Agriculture and Forestry Resources. The EIR will address potential impacts associated with the conversion of agricultural lands. It is assumed that impacts to forestry and timber resources will be"scoped out"in the Initial Study.

Air Quality and Greenhouse Gas Emissions. PlaceWorks will evaluate potential impacts in the North Central Coast Air Basin (NCCAB) based on the methodology identified in the Monterey Bay Air Resources District's (MBARD) CEQA Air Quality Guidelines(2008).

PlaceWorks will document the existing criteria air pollutant and GHG emissions in the city and SOI. The activity-based GHG inventory will be prepared for the most recent calendar year with available data. If available, we will utilize activity data collected for the Association of Monterey Bay Area Governments'(AMBAG)Energy and Climate Action Planning Program (Energy Watch). PlaceWorks' activity-based GHG inventory follow ICLEI's U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (2012). Using the buildout statistics compiled for the General Plan horizon year, PlaceWorks will provide an emissions forecast. Potential regional and localized air quality impacts from construction activities associated with implementation of the General Plan will be described qualitatively. The mitigation measures will include performance standards for future development projects based on measures recommended by MBARD. We anticipate that the inventory will include the following sectors.

On-road transportation
Residential and non-residential built environment(energy) Water use/wastewater generation
Solid waste disposal
Agriculture
Off-road sources
Permitted sources
The NCCAB is designated nonattainment under the California and National Ambient Air Quality Standards (AAQS) for ozone (03) and particulate matter PM10).The project will be evaluated for consistency with the most recent MBARD Air Quality Management Plan, which identifies measures to attain the AAQS.The NCCAB is designated in attainment of the California and National AAQS for carbon monoxide(CO),and therefore CO hotspots will be discussed qualitatively.Potential odor generation will also be discussed qualitatively.The air quality impact analysis will also describe land uses in the city that have the potential to generate nuisance odors. Buffer distances and/or control measures will be incorporated as policies or mitigation measures.

The General Plan is a plan-level document and, therefore, modeling of construction or operational health risk is not proposed.As part of the General Plan

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Update, PlaceWorks will consider General Plan policies and/or mitigation measures that identify studies required for future development applications, and performance standards for the new sources of emissions,to reduce emissions and ensure the City's land use compatibility concerns are addressed.

GHG emissions analyses continue to be an evolving area of CEQA.To date,there is no comprehensive statewide plan that identifies GHG reduction programs past 2030. Additionally, thresholds for both plan-level and project-level CEQA documents are continually in flux as a result of recent CEQA caselaw. PlaceWorks will work with the City to identify an approach for evaluating GHG impacts as part of the General Plan Update. The GHG section in the EIR will discuss the City's commitment to reducing GHG emissions in accordance with the GHG reduction goals of Assembly Bill 32,Senate Bi1132,Senate Bill 375,and Executive Order S-03-

05.We will work with the City to identify policies for the General Plan or mitigation measures,to minimize potential GHG impacts.

Biological Resources. The General Plan Update will presumably be self-mitigating with respect to biological resources, through updated goals, policies, and requirements for site-specific analysis of individual projects. Environmental Collaborative will assist in preparation of these goals and policies and ensuring that they adequately address any potential biological impacts. Environmental Collaborative will collect and review existing information on biotic resources in the planning area. Information sources will include: the Hollister 2005-2023 General Plan; records on occurrences of special-status taxa and sensitive natural communities maintained by the California Natural Diversity Data Base(CNDDB) of the California Department of Fish and Wildlife (CDFW); records on sensitive resources available from the California Native Plant Society, the City and County, CDFW, and the U.S. Fish and Wildlife Service (USFWS); environmental documentation for specific development applications within the S01; wetlands mapping prepared as part of the National Wetland Inventory of the USFWS; and habitat mapping prepared as part of the CALVEG program of the U.S. Forest Service. No detailed surveys or mapping is proposed as part of this scope or is believed necessary, given the planning-level analysis involved in the General Plan Update. Detailed surveys and mapping of particular areas could be performed under an expanded scope, if considered useful by the City to further refine biological and wetland constraints.

Cultural Resources and Tribal Cultural Resources. The EIR will analyze potential impacts from implementation of the General Plan Update on prehistoric and historic cultural resources, tribal cultural resources, and identify mitigation measures, if necessary.

Energy.PlaceWorks will prepare the energy section of the EIR, in compliance with Appendix F of the CEQA Guidelines and the energy thresholds in Appendix G of the CEQA Guidelines.

Geology and Soils. The EIR will analyze the potential for significant direct and/or indirect environmental impacts as they relate to geology, soils, and seismicity.An experienced PlaceWorks senior geologist, professionally licensed in the State of California,will prepare this section of the EIR.

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Hazards and Hazardous Materials. The EIR will describe hazards and hazardous materials issues and evaluate the potential exposure to these hazards through future development, especially in-fill sites, anticipated in the General Plan. This section will include a database search of properties that use, store, or transport hazards of hazardous materials in the study area.

Hydrology and Water Quality.This section will identify and mitigate any flooding or water quality issues that could arise due to development allowed under the General Plan.

Land Use and Planning.The EIR will discuss whether the General Plan Update will physically divide an established community; conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project; or conflict with any applicable habitat conservation or natural community conserva- tion plan.

Mineral Resources. PlaceWorks assumes that mineral resources will be scoped out through the Initial Study.

Noise and Vibration. PlaceWorks will evaluate noise impacts from both transportation and non-transportation sources on a programmatic level and will also provide a qualitative analysis for potential construction impacts associated with buildout of the General Plan. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from the U.S.Federal Transit Administration.

PlaceWorks will conduct a noise measurement survey to acquire ambient noise level data.The ambient noise measurement survey will consist of up to six short- term (15-minute) locations and three long-term (48-hour) locations. These measurement locations will be selected by PlaceWorks, in coordination with City staff,and will take into consideration the major roadways,rail,as well as stationary sources of noise.The field data will provide baseline noise levels and will be used to supplement and validate modeling conducted for the EIR.

PlaceWorks will model existing and General Plan buildout traffic noise levels using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Prediction Model. PlaceWorks will develop noise contours based on the existing traffic data and future forecasts.The noise contour map will identify areas along highway and roadway segments that would be exposed to noise levels above criteria included in the City's General Plan Noise Element. Though anticipated to be minimal, existing and future noise from rail operations along the Union Pacific Hollister Branch will be characterized using the Federal Transit Administration FTA) and the Federal Railroad Administration (FRA) noise models and available freight operational data. Existing noise from aircraft overflights at the Hollister Municipal Airport will also be evaluated using available data. No detailed modeling of airport noise is proposed.

PlaceWorks will evaluate noise impacts from non-transportation sources will be evaluated on a programmatic level, qualitatively based on local noise standards.

PlaceWorks will analyze noise impacts from non-transportation sources such as major commercial and industrial uses in terms of potential impacts to nearby noise-sensitive receptors and the noise limitations identified within the City's Municipal Code.

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Population and Housing.This section will focus on the potential for displacement of people or housing and for substantial population growth that could result from implementation of the General Plan. PlaceWorks will also consider the growth inducing potential of buildout, including indirect growth from increased employment opportunities.

Public Services and Recreation. PlaceWorks will evaluate the potential need for expanded public services as a result of the proposed project, including law enforcement, fire protection, libraries, schools, parks, and recreational facilities.

PlaceWorks will identify existing public services within the city. As part of this evaluation, PlaceWorks will contact service providers for background information, assistance with impact assessments,and mitigation recommendations,as needed.

Transportation and Traffic. Kimley-Horn will evaluate the potential transportation and traffic impacts of the General Plan Update.Transportation and traffic forecasts update will rely on the AMBAG Regional Travel Demand Model . Level of service impacts and improvements to sup portp the proposed General Plan changes will be identified and described.These could include new roadways, widening of existing roadways, introduction of turn lanes, and/or changes to bike/pedestrian/transit facilities. Kimley-Horn will also calculate the net increase or decrease in VMT between the existing and proposed General Plans, which will be used for the greenhouse gas emissions calculations in the Environmental Impact Report.

Utilities and Service Systems. PlaceWorks will prepare the utilities and service systems section of the EIR, covering water, wastewater, stormwater, and solid waste utility systems. Recommended improvements needed to serve planned fu- ture development, based on input from the City's Public Works Department, will be listed in the EIR.

Wildfire. PlaceWorks will evaluate the potential for the General Plan Update to result in wildfire-related impacts, consistent with Appendix G of the CEQA Guidelines.
c. Alternatives Analysis
The PlaceWorks team will evaluate up to three alternatives to the proposed project, one of which will be the CEQA-required No Project Alternative. CEQA Guidelines allow the alternatives to be evaluated in less detail than the project, but they still will need adequate metrics to allow comparison. Accordingly, the alternatives will be evaluated at a qualitative level.Based on this analysis,the Environmentally Superior Alternative will be identified(as required by CEQA).
d. CEQA-Required Assessment Conclusions
PlaceWorks will prepare the appropriate conclusions to fulfill CEQA requirements by providing an assessment of unavoidable significant environmental impacts; significant irreversible environmental changes; relationship between local short-term uses of the environment and long-term productivity;and effects found not to be significant.

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7.4 Draft EIR and Public Review
Following the completion of the above tasks, PlaceWorks will compile the information into a Draft EIR.Three iterations of the document would be prepared:

An Administrative Draft will be prepared for City review and comment. PlaceWorks will produce and ship 10 hard copies of the Draft EIR for City staff. Technical appendices and background reports will be provided electronically for all drafts.

Upon receipt of a consolidated set of comments from the City on the Administrative Draft EIR, PlaceWorks will reconcile comments received and prepare a Screencheck Draft EIR.

PlaceWorks will make any necessary revisions to the Screencheck Draft and prepare the Public Review Draft EIR for publication.

PlaceWorks will prepare and submit the Notice of Completion (NOC) regarding the Draft EIR to the State Clearinghouse,which will begin the legally required 45-day public review period.

PlaceWorks will produce and ship 50 hard copies of the Draft FIR for City staff.Technical appendices and background reports will be provided electronically for all drafts.

During the Draft EIR public review period, PlaceWorks will attend a public hearing to present the Draft EIR and solicit feedback on the document.

7.5 Final EIR and Response to Comments
Immediately following the completion of the 45-day public review period, PlaceWorks will discuss with City staff any comments received during the public review period and the approach to responding to the comments. PlaceWorks will incorporate public and/or agency comments received on the Draft EIR and the responses to these comments, as appropriate, into the Final EIR document. PlaceWorks will also include any needed revisions to the Draft EIR.Other members of the consulting team will also participate as needed. (Reanalysis is not included in this Scope of Services.)This scope assumes up to 40 hours for responses to comments. PlaceWorks will produce and ship 10 hard copies of the Administrative Final EIR for City staff. Following receipt of comments, PlaceWorks will produce a Screencheck Final EIR.

If necessary, PlaceWorks will also prepare a Mitigation Monitoring or Reporting Program MMRP) for the project. PlaceWorks will provide five (5) final hardcopies of approved Final EIR,and digital copies.

PlaceWorks will produce and ship 50 hard copies of the Final EIR for City staff.Technical appendices and background reports will be provided electronically for all drafts.

7.6 Findings and Overriding Considerations
Following public review of the Draft General Plan, PlaceWorks will prepare a memorandum summarizing revisions to the Draft General Plan reflecting comments

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received during the public review process.This summary will also include revisions based on the responses to comments in the Final EIR.

PlaceWorks will prepare draft findings and resolutions to allow for certification of the EIR and adoption of the General. These findings and resolutions will summarize any significant impacts of the Plan, present mitigation measures required to reduce impacts to less-than-significant levels, allow adoption of the MMRP, and include, if necessary, statements of overriding consideration.The findings and resolutions will be finalized by City staff.

Task 8. Public Review and Adoption
In this task, PlaceWorks will shepherd the General Plan and EIR through the adoption and certification process, prepared final versions of the documents, and provides the City with tools to implement the General Plan.

8.1 Certification and Adoption Hearings
PlaceWorks will attend one hearing with the Planning Commission and one hearing with the City Council to review,adopt and certify the EIR,and the Final General Plan.

8.2 Final Documents
Once the General Plan is adopted, PlaceWorks will create a Final General Plan for distribution and archiving.

SCHEDULE
PlaceWorks' proposed schedule for completion of the Hollister General Plan Update is shown in Figure 1. As shown in the schedule, we anticipate that the project can be completed by September 2021. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary.

PRODUCTS
The following products will be submitted to the City of Hollister in fulfillment of our proposed scope of work:

Maps and graphicsfor meetings.

Administrative Draft General Plan Update—ten (10) copies, one (1) digital copy in both PDF and Word.

Draft General Plan Update—fifty(50) bounded copies&one(1)digital copy in both PDF and Word.

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Administrative Final General Plan Update—ten (10) copies& one(1) digital copy in both PDF and Word.

Final General Plan Update—fifty(50) bounded copies& one(1) digital copy in both PDF and Word.

Administrative Draft EIR or Subsequent EIR—ten (10) copies, one(1) digital copy in both PDF and Word.

Draft EIR or Subsequent Draft EIR—fifty(50) bounded copies&one(1) digital copy in both PDF and Word.

Administrative Final EIR or Subsequent Final EIR — ten (10) copies, one (1) digital copy in both PDF and Word.

Final EIR—fifty(50) bounded copies&one(1)digital copy in both PDF and Word.

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FIGURE 1: PROJECT SCHEDULE
202i

FEB MAY JUN JUL AUG SEP

PROJECT TASKS
Ank Start-up and Project 7\
N. Management
gik Baseline Conditions and Future
NW Trends
Vision
0 OPolicy Assessments and Design
Alternatives
x2wai q
Draft General Plan r++
r•
t !:
0 Other Work Products Q
aft General Plan
Environmental Impact Report
aft EIR Final EIR
0 Public Review and Adoption
8 Final General Plan •
E Planning Commission City Council
Meeting Meeting

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All CEQA required notices, including Notice of Intent/Notice of Availability, Notice of Completion(NOC),and Notice of Determination.

Facts and Findings and Statement of Overriding Consideration (if applicable) - one 1)copy and one(1)digital copy in both PDF and Word.

Mitigation and Monitoring Program—to be included in Final EIR,one(1)digital copy in both PDF and Word.

Administrative Draft CAP— electronic copies only.

Screencheck Draft CAP—electronic copies only.

Public Review Draft CAP CAP— electronic copies only.

Public Hearing Draft CAP—electronic copies only.

Final Draft CAP CAP—electronic copies only.

PlaceWorks will prepare and mail out all deliverables pertaining to the Draft EIR for public review to the responsible agencies, including the State Clearinghouse and all interested parties,and will also mail out all deliverables for the final EIR.The bound copies specified above for the Draft and Final EIRs shall be used for this mail-out.All leftover copies shall be sent to the City of Hollister.

MEETINGS
David Early and Carey Stone will attend the following meetings for the project:

Up to ten(10)staff meetings,five of them in person and five by telephone.

Up to(8)in person meetings with the Principal-in-Charge(David Early) Up to ten(10)GPAC meetings.

Up to six(6)Community Outreach Events.

Four presentations to the Planning Commission,as follows:
o Midpoint"check-in"to review the results of Tasks 3 and 4. o Presentation of the Preliminary Draft Update.
o Presentation of the Final Draft Update and Draft EIR. o Final approvals for environmental document and General Plan Update.

Four additional presentations to the City Council,as follows:

Midpoint"check-in"to review the results of Tasks 3 and 4. o Presentation of the Preliminary Draft Update.
o Presentation of the Final Draft Update and Draft EIR. o Final approvals for environmental document and General Plan Update.

We are available to attend additional meetings on a time-and-materials basis.

COSTS
PlaceWorks will complete the Hollister General Plan Update as described in above for a fee of $1,403,698 as shown in Figure 2. PlaceWorks bills for its work on a time-and- materials basis with monthly invoices.

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EXHIBIT A: SCOPE OF WORK AND COSTS

ASSUMPTIONS
This scope of work and cost estimate assumes that:

Billing rates for this project are guaranteed through December 2021. Billing rates would be subject to an increase of up to 6 percent on January 1, 2022,and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after January 1,2022.

PlaceWorks will send an invoice for work completed each month.The invoice will show hours worked by labor category, billing rate, and total by labor category plus subconsultants and reimbursable expenses. Special invoicing requirements may necessitate an additional fee.

Our cost estimate includes the meetings shown above. Additional meetings would be billed on a time-and-materials basis. The Principal-in-Charge and Project Manager will attend all project meetings, public workshops and other public meetings. Each project meeting will last up to two hours. Each public workshop or public meeting will last up to two hours, plus an additional hour for setting up and taking down equipment.

Subconsultant team members could also attend additional meetings or hearings for an additional cost based on time and materials.

No more than 40 hours of PlaceWorks staff time will be required to respond to comments on the Draft EIR. If additional labor is necessary, a contract amendment allowing additional work will be necessary.

City of Hollister staff will act as a clearinghouse for comments on all administrative draft documents, and will provide PlaceWorks with a single, internally reconciled set of comments on each administrative draft.

There will be a single round of intensive review and revision to each administrative draft product prior to the screencheck draft. If City of Hollister staff feels that a second administrative draft is needed, a contract amendment allowing additional work will be necessary.

Revisions to screencheck drafts will focus on typographical errors, formatting and other minor edits.Such revisions will not include content changes.

PlaceWorks will use Microsoft Word and/or Adobe InDesign for page layout of reports, plans, and similar documents. Additional software such as Adobe Illustrator, Adobe Photoshop,ArcGIS and AutoCAD will be used to create illustrations, maps, diagrams and other graphics.

All products will be submitted to City of Hollister in electronic (PDF) format, except for printed copies that are specifically identified above.This is an allowance only, based on the numbers of products and copies shown in above. If this allowance is exceeded, additional printing costs will be billed at PlaceWorks'actual cost.

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GENERAL• PLAN UPDATE
EXHIBIT A: SCOPE OF WORK AND COSTS
City of Hollister staff will be responsible for meeting logistics, including schedule co- ordination, document production, printing notices, mailing costs, room reservations, room set-up and take-down,and refreshments.

PlaceWorks will provide up to 3 facilitators for the public workshops. Additional facilitators will be drawn from City of Hollister staff. PlaceWorks will provide training for facilitators immediately before each workshop.

PlaceWorks will not be responsible for designing and mailing notices for public meetings.

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FIGURE 2: COST TABLE
Hollister General Pion Update

COST PROPOSAL
Early Gulley mental Todd Bressi Atlas Planning
native Solutions
Principal-In- Hazard 10%
Charge Principal Fecal Mitigation Subconsultant Subtonsultant Hourly Rate: $290 $225 _ !
CM Arts Planning Markup Total Total Task Budget
1 Kick-Off Meeting 9--

0. 0.. • 0, 0. • $0 8,146
2 Background Data Assembly and Review 0 0 50 2,917
3 Scope Finalization 2 p 0 0 0 50 3,703
4 Public Involvement Strategy 4 5,251
0 6Q 7,9775GPACMeetingAliProjectKick-off I1
0 0 0 0 0
6 Ongoing Communication 130 9
0 0 0=
7 Project Management 9 13
0 0 0 $ 561 $47,868S7 94,7982140000561 $6,171 21,408 Task 1.Subtotal 165 22_
S0 ... $0...01 , _ $4,913 _ _ $54A39 144,200
TASK X.,RA CONDITIONS ANOPUTURE TRENDS -
1 Existing General Plan Audit 7 o so s0 9,043
2 Transportation Baseline 4
0 0
3 Environmental Baseline 18
0 0 0 722 $7,940
61,325,
293
4 Market Demand Analysis 4
7,106 0 0 711 $7,817
Task 2.Subtotal 33 .. 0-
0 5.146 $56,604 59,813
870
7•i06 0 0, $1,433 $15,757
1 Draft Vision Statement 3
0 - 0 0 so so 9,279
2 Vision Statement Review 18
0 0 0 0 0 23,742
Task 3.Subtotal 21 i 0 - $
O ... . SO 0.0 33,021

TASK A POLICY ASSESSMENTS AND DESIGN ALTERNATIVES
1 Land Use and Design Issues 18
0- 0 0 - $0- - $p 33,301
2 Circulation Issues 18
0 $2,240 $24,636 57,937
3 GPAC Meetings and Public Workshops 35
0 0
34,423
4 Mid-Point Commission and Council Check-Ins 22
0 0 0 0 0
Task 4.Subtotal 92........,, 0...
0 0 .. ..._ 0 40 so 140,74
0 50 0 $2,240 $24,636 140,741
ASK 1.DKA€f GENERAL PLAN
I Land Use and Community Design Element 9
0 0d. 0 0 0 19,186
2 Circulation Element 4
0 0 0 $2,992 $32,916 52,102
3 Open Space and Agriculture Element 9 0SO
4 Natural Resources and Conservation Element 9
0 0 o 0 0 19,186
0 0 0 0 0 19,186
S Health and Safety Element 9 19,186
6 Community Services and Facilities Element 9
0 0 0. D 0
19,186
7 Economic Development Element 4
0 0 0 0 78
0 0 0. 52,860 $31,678 36,862
8 Arts Element 4
9 GPAC Meetings Outreach Events gg
0 22,000 0 $2,200 $24,200 29,384
R 0 0 0 0 72,706
Task5.Subtotal 150w.__.-. _a._.-0 8fl,794,_ $286,984 LL,$
22,000 50 $8,0T2_
TASK A-OTNER:WT*1( RODUCTS
1 Coordination with San Benito County 11
0 so 8,595
2 Design Guidelines 13 22 27 309
3 SB 743 Implementation Program 13
0 0 0 00 18
0 0 0 $4,902 $53,918 60,874
4 Agricultural Lands Mitigation Program 18 600
5 Climate Action Plan 9
0 0 0 0 0 24,617
0 0 0 0 0 052
6 Hazard Mitigation Plan 9 86
7 Municipal Service Review 13
0 0 73,788 $7,379 $81,167 86,822
8 GPAC Meetings and Public Outreach Everts 30
0 0 0" 0 0 27,534
0 ... 0 0 0.. 0 , $27,725
Task 6.Subtotal 116 22 - $0 p $73,788, $12,281 $135,085 373,528

TASK T,ENVIRONMENTAL IMPACT REPORT -
1 Notice of Preparation and Scoping
2 Buildout Calculations 2
0 0 a SD d 9,258
0 0 486 $10,842 14,393
3 Administrative Draft EIR 6
4 Draft FIR and Public Review
4,488 0 0 $7,623 $83,857 187,956
0 0 0 990
S Final EIR and Response to Comments 1,
890 26,313
6 Findings and Overriding Considerations
1,122 0 0 112 234 16,938
Task 7. 10
0 0 0 0 3,203
k7b l 0
TASK S:P11C REV1 AND N
5,630 Sd 0 $9,711 $106 823 258,061
1 Certification and Adoption Hearings 22
2 Final Documents 7
0 0 0 0 0 15,618
0 0 0_Q 0 14,205
Task 8.Subtotal 29 0
labor Hours Total 615 44
labor Dollars Total $178,350 $9,900 $18112,716 $22,000 $73,788 425,135 $1,352,229

EXPENSES
PlaceWorks Reimbursable Expenses
533 385
Subconsultants Reimbursable Expenses

EXPENSES TOTAL

GRAND TOTAL
51,403,698

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RESOLUTION NO. 2021-203

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AMENDMENTS, MODIFICATIONS, AND REVISIONS TO THE

EXISTING CONTRACT BETWEEN THE CITY OF HOLLISTER AND PLACEWORKS, INC. FOR THE GENERAL PLAN UPDATE AND ENVIRONMENTAL REVIEW TO

INCLUDE THE SCOPE OF SERVICES, COSTS, AND SCHEDULE TO BE CONDUCTED BY PLACEWORKS, INC. IN COOPERATION WITH GOLDFARB & LIPMAN LLC. FOR AN INCLUSIONARY HOUSING PROGRAM FOR THE CITY OF HOLLISTER; AUTHORIZING A SUPPLEMENTAL APPROPRIATION; AND AUTHORIZING THE CITY TO RECEIVE THE SB 2 GRANT FUNDING.

WHEREAS, on February 2, 2020 the City Council approved Resolution No. 2020-17 accepting the proposals received for the City of Hollister's 2040 General Plan Update; awarding a contract to PlaceWorks, Inc. for the preparation of a General Plan Update and Environmental Review; and authorizing the City Manager to execute the agreement; and
WHEREAS, the City desires to establish an Inclusionary Housing Ordinance to increase the availability of affordable and diverse housing types within the community; and WHEREAS, on May 18, 2020, the City entered into a contract with the State of California's Department of Housing and Community Development to receive 160,000.00 in financial assistance from the SB 2 Planning Grant; and WHEREAS, the SB 2 grant funding includes $10,000.00 to update the Zoning Ordinance & Map, $42,000.00 to create ready -to -build ADU architectural prototypes and brochure, $54,000.00 to design a ADU webpage and update the City website, and 54,000.00 to develop an Inclusionary Housing Program, and WHEREAS, PlaceWorks Inc. has submitted a proposal including a scope of services, cost and schedule to amend the existing General Plan contract to include the preparation of an Inclusionary Housing ordinance; and
WHEREAS, the City desires to amend the existing agreement for services made and entered to, by and between PlaceWorks Inc. (consultant) and the City to include the preparation of an Inclusionary Housing Program to be conducted PlaceWorks Inc. for the City of Hollister in cooperation with Goldfarb & Lipman LLC; and WHEREAS, Contract Amendment No. 1, including the scope of work, timeline, and budget are hereby incorporated into this Resolution by this reference as Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows..

CI T y OF HOLLISTERLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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Resolution No. 2021-203

SECTION 1:

The City Council has reviewed and hereby approves the amendments, modifications, and revisions to the existing contract, incorporated herein as Exhibit B, between the City of Hollister and PlaceWorks, Inc. for the General Plan Update and Environmental Review to include an increase of funding of $58,172.00 for the development of an Inclusionary Housing Program accordingto the scope of work identified in Exhibit A.

SECTION 2-
The City Council hereby authorizes a supplemental appropriation of $64,000, for the PlaceWorks scope of work including a 10% contingency, of which $54,000 will be reimbursed by the SB 2 grant funding, and authorizes the City Manager to approve any additional necessary work, including staff time, not to exceed a total project budget of 64,000.00. The supplemental appropriation is hereby incorporated into this Resolution as Exhibit B.

SECTION 3:

The City hereby authorizes and directs the City Manager of designee, to sign this request and act on the City's behalf in all matters pertaining this funding request.

SECTION 4:

If the request is approved, the City Manager, or designee, is authorized to enter into and sign the grant agreement any subsequent amendments with the State of California Housing and Community Development Department for the purposes ofthis grant.

SECTION 5:

If the application is approved, the City Manager, or designee, is authorized tosign Funds Requests and other required reporting forms.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 1 st day of November, 2021, by the following vote:

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

NOES: None.

ABSTAINED:None.

ABSENT: None.

Ignacio Velazquez, Mayor
ATTEST: APPROVED AS TO FORM:

Epperson Law Group PC
AL
Christine Black, MMC, City Clerk
Jasr oerson, City Attorney

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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Resolution No. 2021-203

I, CHRISTINE BLACK, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2021-203 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 1st day of November, 2021, 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 1st day of November, 2021.

Christine Black, MMC
City Clerk of the City of Hollister
Seal)

CITY OF HOLLISTER

DUPLICATE OF ORIGINAL

ON FILE IN THE

OFFICE OF THE CITY CLERK
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APPROPRIATION ADJUSTMENT

1. TRANSFERS OF APPROPRIATIONS WITHIN CLASSIFICATIONS OF EXPENDITURES(i.e. BETWEEN PROFESSIONAL SERVICES AND SUPPLIES EXPENSE)MAY BE SUBMITTED DIRECTLY TO FINANCE WITH DEPARTMENT HEAD'S SIGNATURE. 2 TRANSFERS OF APPROPRIATIONS BETWEEN CLASSIFICATIONS OF EXPENDITURES (i.e. BETWEEN SALARIES AND SERVICES AND SUPPLIES)MUST BE APPROVED BY THE CITY MANAGER.

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

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

ROUND UP TO WHOLE DOLLAR)
Account Project
Department/Account Title Fund# Cost Center Number Task# Increase Decrease Planning'PProfess onal Services° 101 , 4010 730000 64,000 State Grant(Revenue) 101 1000 430016 54,000
Fund Balance(Reserves), 101 300101 10,000.

Total 118,000 10,000
Explanation of Transaction:

Allocation of $64,000.00 to Planning Professional Services to cover the cost of preparing an Inclusionary Housing Ordinance by PlaceWorks Inc. (including a 10% contingency', with $54,000.00 to be reimbursed by the awarded SB2 Planning Grant from the State of California Housing and Community Development Department and 10,000.00 appropriated from the General Fund.

Prepared by Date
Department Head

FOR ADMINISTRATION AND FINANCE OFFICE ONLY
Approved
for Entry Date
Finance Office
Approved Date Journal No.

City Manager
Date i i — / --al-1)2 Resolution No. 2 Q2 /
City Clerk C!TY . . -_R
CUFLICr E OF 0}iIGINAL
ON FILE INT,iE

OFFICE OF THE CITY CLERK
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AMENDMENT NO. 1

CITY OF HOLLISTER CITY COUNCIL

PROFESSIONAL SERVICES AGREEMENT FOR PROTRACTED SERVICES

REQUIRED FOR THE PREPARATION OF THE GENERAL PLAN UPDATE AND

ENVIRONMENTAL REVIEW
That agreement entered into on the 3rd day of February 2020, between the City of Hollister (“City”) and Placeworks, Inc. (“Consultant”) is hereby amended to increase the scope of work for the General Plan Update and Environmental Review, as detailed in the proposal dated October 4, 2021 attached as Exhibit “A”.

The additional work consists of:

Task 1. City Council Presentation
PlaceWorks will make a presentation about inclusionary housing to the Hollister City Council. Our presentation:

Market conditions and constraints that may be mitigated by well-conceived inclusionary housing policy;
Common components of inclusionary housing programs, including, but not limited to, low-income housing requirements and various developer incentives; The benefits of a successful inclusion housing program for Hollister; and The process of inclusionary housing policy development, including feasibility studies, public reach, Council direction and other steps.

Task 2. Financial Feasibility Analysis
PlaceWorks will prepare a Financial Feasibility Analysis to determine how new inclusionary housing requirements would affect market-rate housing development costs and profits in Hollister. The analysis will be a modeling exercise to ground inclusionary housing policies in real market conditions. It will include the following:

Background and Legal Context. PlaceWorks introduce Inclusionary Housing in California, summarize relevant state laws and regulations such as California State Density Bonus law and Assembly Bill 1505 and outline relevant case precedent.

Local Market Conditions and Development Prototypes. PlaceWorks will complete a detailed analysis of the local economy and the market conditions affecting residential development. They will research recent development activity in Hollister and identify four to six development prototypes for for-sale and rental projects. They will collect data related to costs, revenues and minimum level of profitability for projects similar to the prototypes.

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Identification of Inclusionary Requirements and Incentives. PlaceWorks will work with City staff to identify a series of low-income set-aside requirements, alternative compliance methods and incentives for study in the feasibility analysis.

Comparative Feasibility Analyses. PlaceWorks will develop pro formas that illustrate the economics of each prototype under current conditions and inclusionary housing requirements. They will compare the profitability of each prototype with the threshold for minimum profitability established for the current market.

Sensitivity Analysis. PlaceWorks will prepare a sensitivity analysis to identify the extent to which variations in inputs such as rents or construction costs would impact feasibility.

Conclusion and Recommendations. PlaceWorks will present recommendations for the design of an inclusionary housing program, including set-asides, alternative compliance methods and potential development incentives, based on the results of the feasibility analysis.

Task 3. Community Input Meeting
PlaceWorks will facilitate a community meeting to introduce the concept of inclusionary housing and the results of the feasibility analysis to participants. They will gauge public support for an inclusionary program in general and in regard to potential program elements such as the percentages of units that should be required, what development types should be targeted, and various alternative compliance methods.

PlaceWorks will develop Spanish – and English – language noticing and meeting materials and will provide live translation services if needed. They assume that this meeting will be held via Zoom, but can consider an in-person or “hybrid” in- person/Zoom format meeting when planning commences.

The attached project budget includes costs for two (2) community meetings as a contingency for a potentially high-level of community interest.

Task 4. Commission and Council Direction
PlaceWorks will facilitate a joint Planning Commission/City Council study session to review the results and recommendations of the Financial Feasibility Analysis and summarize community feedback collected in Task 3. At this meeting, they will ask Commissioners and Council members for direction regarding target housing types, low- income requirements and alternative compliance methods.

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Task 5. Inclusionary Housing Program

5.1 Administrative Draft Inclusionary Housing Program
Based on the results of Tasks 1 through 4, PlaceWorks will develop an Administrative Draft Inclusionary Housing Program, to be adopted by ordinance, for review by City staff. The Program will identify inclusionary housing set-aside requirements, alternative compliance methods and potential incentives for participation in the Program. Goldfarb Lipman will provide a draft “off-the-shelf” ordinance from which to work, as well as legal review and policy development support.

5.2 Public Review Draft Inclusionary Housing Program
PlaceWorks will incorporate City Staff comments on the Administrative Draft Inclusionary Housing Program into Public Review Draft, which will be made available for comment for 30 days.

5.3 Final Inclusionary Housing Program and Adoption
Placeworks will incorporate comments on the Public Review draft into a Final Draft Inclusionary Housing Program. They will shepherd the Final Draft through the adoption process, including attendance at one (1) City Council Hearing. They will present the Program to the City Council and will attend two (2) City Council Hearings during the adoption process. They will create a Final Inclusionary Housing Program for adoption by ordinance by the City of Hollister.

Compensation for additional services shall not exceed $64,000.00.

All other terms and conditions of the Agreement remain the same.

IN WITNESS WHEREOF, the parties execute this amendment on the day and year below written.

CITY OF HOLLISTER PLACEWORKS, INC.

By:

Brett Miller, City Manager TITLE

DATE DATE
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Principal
11/2/2021
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SERVICE AUTHORIZATION
AMENDMENT NO. 1
PROJECT NO. HOLL-01.0 DATE February 2, 2020
PROJECT NAME General Plan Update and Environmental Review AGREEMENT BETWEEN:

CLIENT City of Hollister CONSULTANT PlaceWorks
STREET ADDRESS 375 Fifth Street STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Hollister, CA 95023 CITY STATE AND ZIP Santa Ana, CA 92707 CONTACT Abraham Prado CONTACT Carey Stone
Hereinafter referred to as “Client.” Hereinafter referred to as “Consultant.” This Amendment No. 1 to an existing agreement for services is made and entered into effective as of the date of signature (“Effective Date”), by and between PlaceWorks (Consultant), a California Corporation, and City of Hollister (Client).

RECITAL
The Consultant desires to amend, modify and revise that certain Agreement (“Existing Agreement”) with the Client, entered into on October 1, 2021 to provide Services, as defined therein, and to now amend the Existing Agreement. Except as specifically amended by this document, all other terms and conditions of the Existing Agreement will remain in full force and effect, without modification.

Now, therefore, in consideration of the above facts and of the covenants and agreement contained herein, the parties hereto agree that:

The scope of work shall be amended to include the items shown in the attached Exhibit A.

Tasks
Contract
Amount
PREVIOUS COST AS PER CONTRACTED FEBRUARY 2, 2020 $ 1,403,698.00

AMOUNT OF THIS CONTRACT AMENDMENT (SEE EXHIBIT A
FOR DETAIL) $ 58,172
TOTAL NEW CONTACT AMOUNT: $ 1,461,870.00
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Service Authorization | Page 2
CONSULTANT:

CONSULTANT PlaceWorks
STREET ADDRESS 3 MacArthur Place, Suite 1100
CITY STATE AND ZIP Santa Ana, CA 92707

AUTHORIZED
REPRESENTATIVE Joanna Jansen, AICP TITLE Principal
10/1/21
PlaceWork’s Authorized Representative Date
CLIENT:

CLIENT City of Hollister
STREET ADDRESS 375 Fifth Street
CITY STATE AND ZIP Hollister, CA 95023

AUTHORIZED

REPRESENTATIVE TITLE
Client’s Authorized Representative Date
DocuSign Envelope ID: 2E54FDFE-BCB0-4EC6-B3AE-DDF237B838D9 11/2/2021
CityManagerBrettMiller
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PLACEWORKS 1
OCTOBER 4, 2021
EXHIBIT A:

SCOPE OF WORK AND COSTS
This exhibit describes the scope of services, costs and schedule for the Inclusionary Housing Program to be conducted by PlaceWorks for the City of Hollister in cooperation with Goldfarb & Lipman LLC.

SCOPE OF SERVICES
City Council Presentation
PlaceWorks will make a presentation about inclusionary housing to the Hollister City Council. Our presentation will cover:

Market conditions and constraints that may be mitigated by well-conceived inclusionary housing policy;
Common components of inclusionary housing programs, including, but not limited to, low-income housing requirements and various developer incentives; The benefits of a successful inclusionary housing program for Hollister; and The process of inclusionary housing policy development, including feasibility studies, public outreach, Council direction and other steps.

Financial Feasibility Analysis
PlaceWorks will prepare a Financial Feasibility Analysis to determine how new inclusionary housing requirements would affect market-rate housing development costs and profits in Hollister. The analysis will be a modeling exercise to ground inclusionary housing policies in real market conditions. It will include the following:

Background and Legal Context. PlaceWorks introduce Inclusionary Housing in California, summarize relevant state laws and regulations such as California State Density Bonus law and Assembly Bill 1505 and outline relevant case precedent.

Local Market Conditions and Development Prototypes. PlaceWorks will complete a detailed analysis of the local economy and the market conditions affecting residential development. We will research recent development activity in Hollister and identify four to six development prototypes for for-sale and rental projects.

We will collect data related to costs, revenues and minimum level of profitability for projects similar to the prototypes.

Identification of Inclusionary Requirements and Incentives. PlaceWorks will work with City staff to identify a series of low-income set-aside requirements, alternative compliance methods and incentives for study in the feasibility analysis.

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Comparative Feasibility Analyses. PlaceWorks will develop pro formas that illustrate the economics of each prototype under current conditions and inclusionary housing requirements. We will compare the profitability of each prototype with the threshold for minimum profitability established for the current market.

Sensitivity Analysis. PlaceWorks will prepare a sensitivity analysis to identify the extent to which variations in inputs such as rents or construction costs would impact feasibility.

Conclusion and Recommendations. PlaceWorks will present recommendations for the design of an inclusionary housing program, including set-asides, alternative compliance methods and potential development incentives, based on the results of the feasibility analysis.

Community Input Meeting
PlaceWorks will facilitate a community meeting to introduce the concept of inclusionary housing and the results of the feasibility analysis to participants. We will gauge public support for an inclusionary program in general and in regard to potential program elements such as the percentages of units that should be required, what development types should be targeted, and various alternative compliance methods.

PlaceWorks will develop Spanish- and English- language noticing and meeting materials and will provide live translation services if needed. We assume that this meeting will be held via Zoom, but we can consider an in-person or “hybrid” in-person/Zoom format when meeting planning commences.

The attached project budget includes costs for two (2) community meetings as a contingency for a potentially high-level of community interest.

Commission and Council Direction
PlaceWorks will facilitate a joint Planning Commission/City Council study session to review the results and recommendations of the Financial Feasibility Analysis and summary community feedback collected in Task 3. At this meeting, we will ask Commissioners and Council members for direction regarding target housing types, low- income requirements and alternative compliance methods.

Inclusionary Housing Program

5.1 Administrative Draft Inclusionary Housing Program
Based on the results if Tasks 1 through 4, PlaceWorks will develop an Administrative Draft Inclusionary Housing Program, to be adopted by ordinance, for review by City staff. The Program will identify inclusionary housing set-aside requirements, alternative compliance methods and potential incentives for participation in the Program. Goldfarb & Lipman will provide a draft “off-the-shelf” ordinance from which to work, as well as legal review and policy development support.

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C ITY OF H OLLISTER

I NCLUSIONARY H OUSING P ROGRAM
EXHIBIT A: SCOPE OF WORK AND COSTS
PLACEWORKS 3
OCTOBER 4, 2021

5.2 Public Review Draft Inclusionary Housing Program
PlaceWorks will incorporate City staff comments on the Administrative Draft Inclusionary Housing Program into a Public Review Draft, which will be made available for public comment for 30 days.

5.3 Final Inclusionary Housing Program and Adoption
PlaceWorks will incorporate comment on the Public Review Draft into a Final Draft Inclusionary Housing Program. We will shepherd the Final Draft through the adoption process. We will present the Program at one (1) Planning Commission Meeting. Following recommendation of the Program to the City Council, PlaceWorks will attend two (2) City Council Hearings during the adoption process. We will create a Final Inclusionary Housing Program for adoption by ordinance by the City of Hollister.

SCHEDULE
PlaceWorks will complete the Inclusionary Housing Program on May 1, 2022.

COSTS
As shown in Table 1, the total cost of the Inclusionary Housing Program shall be $58,172.

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The PlaceWorks Team
Hollister Inclusionary Housing Program

COST PROPOSAL
David Early Carey
Stone
Steve
Gunnells
Greg
Goodfellow
TECH.

EDITOR
Goldfarb & Lipman
LLP
PIC PM Economics Housing
Hourly Rate:$295 $ 190 $ 220 $ 180 $115
Inlcusionary Housing Program
Task 1 Project Management 3 2 13 18 $72 $3,677 $0 $0 $0 $3,677 Task 2 City Council Presentation 7 8 15 $70 $3,575 $0 $0 $0 $3,575 Task 3 Feasibility Analysis 6 2 24 20 1 53 $223 $11,368 $1,740 $174 $1,914 $13,282 Task 4 Community Input 12 3 2 18 1 36 $158 $8,063 $0 $0 $0 $8,063 Task 5 Commission and Council Direction 4 6 10 $45 $2,305 $0 $0 $0 $2,305 Task 6 Inclusionary Housing Program 9 4 15 54 3 85 $336 $17,116 $8,260 $826 $9,086 $26,202 Subtotal 41 11 41 119 5 217 $904 $46,104 $10,000 $1,000 $11,000 $57,104 Labor Dollars Total $12,095 $2,090 $9,020 $21,420 $575 $904 $46,104 $10,000 $11,000 $57,104

EXPENSES
PlaceWorks Reimbursable Expenses $1,068
EXPENSES TOTAL $1,068
GRAND TOTAL $58,172

PLACEWORKS
Subconsultant
Total
Total Task
Budget
PlaceWorks
Hours
PlaceWorks
Total

SUBCONSULTANT
Legal Review
PlaceWorks 2%
Office Expenses
10%
Subconsultant
Markup
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C ITY OF H OLLISTER

I NCLUSIONARY H OUSING P ROGRAM
EXHIBIT A: SCOPE OF WORK AND COSTS
PLACEWORKS 5
OCTOBER 4, 2021
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RESOLUTION NO. 2022-216

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A SUPPLEMENTAL APPROPRIATION OF $82,500 FOR NECESSARY UPDATES TO THE 2040 GENERAL PLAN UPDATE ENVIRONMENTAL IMPACT REPORT AND

CLIMATE ACTION PLAN THAT ARE REQUIRED DUE TO RECENT CHANGES IN

STATE LEGISLATURE
WHEREAS, the City of Hollister is currently preparing an update to the current 2005-2023 General Plan (General Plan Update) and a Climate Action Plan (CAP); and WHEREAS, the State adopted recently legislature in October 2022, which changed the requirements for environmental analyses with respect to wildfire and greenhouse gas GHG) emissions; and
WHEREAS, the legislative changes affect the ongoing 2040 General Plan Update Environmental Impact Report (EIR) and the CAP and require additional changes to the scope of work and prepared analyses; and
WHEREAS, in addition to the legislative changes, the City's General Plan Update consultant, Placeworks Inc, required additional time and materials costs for the preparation of the Climate Action Plan than originally scoped, and the City desires to compensate them for these additional costs that have incurred; and
WHEREAS, minor mapping changes are also required to incorporate the Hollister Research Campus Project area as an area for future detailed study to accommodate a potential future adoption of a general plan amendment and annexation for that project after adoption of the General Plan Update; and
WHEREAS, the cost to make these amendments to the General Plan Update and Climate Action Plan scopes of work total $82,500; and
WHEREAS, the City of Hollister received grant funding from the state for the SB2 Planning Grant, which allocated $54,000 for a website update along with two other projects which are in progress; and
WHEREAS, the City Council authorize a separate project to update the City's website outside of the grant funding, which has already begun; and WHEREAS, the Notice of Funding Availability for the SB2 Planning Grant allowed general plan amendments and long-range planning documents as qualified projects; and WHEREAS, the City desires to amend the scope of the awarded SB2 Planning Grant to utilize the $54,000 of funding that was originally approved for a website update to instead F.3.i
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Resolution No. 2022-216
help cover the costs needed for the amendments to the General Plan Update Environmental Impact Report and Climate Action Plan, pending approval by the California Department of Housing and Community Development.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does here by approve a supplemental appropriation of $82,500 to the general fund for professional services (101-4010-730000) to make necessary amendments to the General Plan Update and Climate Action Plan scope of work and authorizes the City Manager or his designee to make any necessary changes to the contract and scope of work to this effect; and
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister does hereby authorize staff to coordinate with the California Department of Housing and Community Development to amend the SB2 Planning Grant scope of work to remove the website update as a project and allocate $54,000 of the grant funding toward the General Plan Update and Climate Action Plan, and authorizes the City Manager or his designee to make any necessary changes to the contact and scope of work this effect.

BE IT FURTHER RESOLVED, that the City Council of the City of Hollister does hereby approve the Initiation of General Plan Amendment 2022-2 and Rezone 2022-1.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 19th day of December, 2022, by the following vote:

AYES: Council Members Perez, Resendiz, Burns, and Mayor Casey.NOES: None.

ABSTAINED: None.

ABSENT: Council Member Morales.
ram--:
1Cc te j-- z
a Casey, Mayor/
ATTEST: 4 APPROVED AS TO FORM:
y /Lozano Smith Attorneys at Law
l'C/IT ai.
nife ogdworth,1VIMC, City Clerk
it,r ry F. Lerner, City Attorney
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Resolution No. 2022-216
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2022-216 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 19th day of December, 2022, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister this 19th day of December, 2022.

A)44462
J nnif r oodworth,F_MIVMC`
ity Clerk of the City of Hollister
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RESOLUTION NO.2023-136

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER

APPROVING AN AMENDMENT TO THE EXISTING CONTRACT BETWEEN THE CITY OF HOLLISTER AND PLACEWORKS,INC.FOR THE GENERAL PLAN

UPDATE AND ENVIRONMENTAL REVIEW TO INCLUDE THE SCOPE OF

SERVICES,COSTS,AND SCHEDULE TO BE CONDUCTED BY PLACEWORKS

FOR ADDITIONAL COMMUNITY OUTREACH FOR THE INCLUSIONARY HOUSING PROGRAM FOR THE CITY OF HOLLISTER;AUTHORIZING A SUPPLEMENTAL APPROPRIATION IN THE 2023/2024 CITY OF HOLLISTER BUDGET IN THE AMOUNT OF$30,165;AND AUTHORIZING THE CITY MANAGER TO EXECUTE

THE AGREEMENT AND TO MAKE THE NECESSARY BUDGET ENTRIES
WHEREAS, on February 2, 2020, the City Council approved Resolution No. 2020-17 accepting the proposals received for the City of Hollister's 2040 General Plan Update; awarding a contract to PlaceWorks,Inc.for the preparation of a General Plan Update and Environmental Review;and authorizing the City Manager to execute the agreement;and WHEREAS, on November 1, 2021, the City Council adopted Resolution 2021-203 approving an amendment to the contract with PlaceWorks for additional funding that included the development of an Inclusionary Housing Program;and WHEREAS, at the regular meeting of May 1, 2023, the City Council considered the introduction of an Inclusionary Housing ordinance and tabled the adoption proceedings with direction to staff hold a Community Outreach meeting on the ordinance, and to schedule a study session with the City Council following the outreach meeting before proceeding to adoption hearings;and
WHEREAS, PlaceWorks Inc. has submitted a proposal for a contract amendment including a scope of services and cost in the amount of $30,165 for the additional requested meetings for the Inclusionary Housing ordinance;and WHEREAS, Contract Amendment No. 2, including the scope of work, timeline, and budget are hereby incorporated into this resolution by this reference as Exhibit A;and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Hollister as follows:

SECTION 1:

The City Council has reviewed and hereby approves the amendment to the existing contract,as amended, between the City of Hollister and PlaceWorks, Inc. for the additional services for the Inclusionary Housing Program in the amount of 30,165 according to the scope of work identified in Exhibit A.

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Resolution No.2023-136
SECTION 2:

The City Council hereby authorizes staff to include an appropriation in the Fiscal Year 2023-24 Budget of $30,165, for the PlaceWorks scope of work, and authorizes the City Manager,or designee,to make the appropriate budget entries.

SECTION 3:

The City hereby authorizes and directs the City Manager,or designee,to execute this request on or after July 1, 2023, and act on the City's behalf in all matters pertaining to this funding request.

PASSED,APPROVED,AND ADOPTED,by the City Council of the City of Hollister at a regular meeting held this 20th day of June,2023,by the following vote:

AYES:Councilmembers Perez, Resendiz,Morales, Burns,and Mayor Casey NOES: None
ABSTAINED: None
ABSENT: None
Casey, Mayor
ATTEST: APPROVED AS TO FORM:

Lozano Smith Attorneys at Law
t"TN,
ennif-lT oodworth, MMC,City Clerk U nifer Thompson,Assistant City Attorney F.3.j
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Resolution No.2023-136
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-136 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 20th day of June,2023, at which meeting a quorum was present.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Hollister this 20th day of June,2023.
nnifer oodworth, MMC
City Clerk of the City of Hollister
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PLACEWORKS

SERVICE AUTHORIZATION
AMENDMENTNO. 3
PROJECT NO. I HOLL-01.0 I DATE I July 6, 2023
PROJECT NAME I General Plan Update and Environmental Review AGREEMENT BETWEEN:

CLIENT City of Hollister CONSULTANT Place Works
STREETADDRESS 375 Fifth Street STREETADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Hollister, CA 95023 CITY STATE AND ZIP Santa Ana, CA 92707 CONTACT Christine Hopper CONTACT Carey Stone
Hereinafter referred to as "Client." Hereinafter referred to as "Consultant" This Amendment No. 3 to an existing agreement for services is made and entered into effective as of the date of signature ("Effective Date"), by and between Place Works (Consultant), a California Corporation, and City of Hollister (Client).

RECITAL
The Consultant desires to amend, modify and revise that certain Agreement ("Existing Agreement") with the Client, entered into on February 3, 2020 to provide Services, as defined therein, and to now amend the Existing Agreement. Except as specifically amended by this document, all other terms and conditions of the Existing Agreement will remain in full force and effect, without modification.

Now, therefore, in consideration of the above facts and of the covenants and agreement contained herein, the parties hereto agree that:

The scope of work shall be amended to include the items shown in the attached Exhibit A.

Contract
Tasks Amount
PREVIOUS COST AS PER CONTRACTED FEBRUARY 2, 1,550,198.00 2020 AND AMENDED ON MARCH 8, 2023

AMOUNT OF THIS CONTRACT AMENDMENT (SEE
30,165

EXHIBIT A FOR DETAIL)
TOTAL NEW CONTRACT AMOUNT: 1,580,363.00
3 MacArthur Place, Suite 1100 1 Santa Ana, California 92707 1714.966.9220 1 PlaceWorkt.com F.3.j
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10 PLACEWORKS
CONSULTANT:

CONSULTANT Place Works
STREET ADDRESS 3 MacArthur Place, Suite 1100
CITY STATE AND ZIP Santa Ana, CA 92707

AUTHORIZED

REPRESENTATIVE
Joanna Jansen, AICP TITLE Principal
July 11j 2023
PlaceWork's Authorized Representative Date
CLIENT:

CLIENT City of Hollister
STREETADDRESS 375 Fifth Street
CITY STATE AND ZIP Hollister, CA 95023

AUTHORIZED
REPRESENTATIVE p / (TLi so
TITLE
Representative
r' Y9 2
Dat
Service Authorization I Page 2
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EXHIBIT A:

SCOPE OF WORK AND COSTS
This exhibit describes the scope of services and costs for the Inclusionary Housing Refinement project to be conducted by PlaceWorks for the City of Hollister.

SCOPE OF SERVICES
Task 1. Community Workshop
PlaceWorks will notice, prepare for and facilitate a bilingual, in -person Inclusionary Housing Community Workshop. The Workshop will be held on a weekday evening at a community facility in Hollister such as the Vet's Hall. The goals of the workshop will be to:

1. Introduce community members to the purpose of an IH program, specifically that of increasing the supply of local affordable housing in a manner that does not burden or stifle private housing development overall.

2. Introduce, and solicit feedback on, approaches to the basic components of an IH ordinance, including total affordability requirement, household affordability range, applicable development types, alternative compliance techniques, threshold project size, development and/or density incentives and others.

3. Illustrate the potential "on the ground" implications of an IH ordinance that includes a local density bonus. PlaceWorks will present 10-15 visuals of multifamily housing projects generally consistent with the density bonuses included in the current Draft Inclusionary Housing Program.

PlaceWorks will develop Spanish- and English- language noticing and meeting materials for the event and will provide live Spanish -language interpretation services.

PlaceWorks will submit a Workshop Summary Memorandum with feedback results and associated potential IH Program revision strategies, for staff review.

Task 2. City Council Study Session
PlaceWorks will facilitate an in -person City Council study session to review the results of the Community Workshop and the recommendations in the Workshop Summary Memorandum. We will ask Council members to consider workshop input, and ask for direction regarding core IH Program components such as:

The total affordability requirement and affordability spread.

Very Low Income (VLI) household requirements.

Alternative compliance methods, such as land dedication.

Inclusion and/or amount of density bonus.

PUCFWOKS i
JUNE13,2023
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Task 3. Adoption
PlaceWorks will incorporate community feedback and City Council direction from the study session into a Revised Inclusionary Housing Program, which we will shepherd through the adoption process. We will present the Revised Program in -person at two (2) City Council Hearings during the adoption process. Following the first Council Hearing, we will create a Final Inclusionary Housing Program for adoption by ordinance by the City of Hollister, at the second Council Hearing.

COSTS
As shown in Table 1, the total cost of Inclusionary Housing Refinement shall be 30,165.00.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 24, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Development Services
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-225, 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 AND ANNEXATION REQUESTS DURING THE HOLLISTER 2040 GENERAL PLAN UPDATE AND

PROVIDING DIRECTION ON ALL APPLICATIONS CURRENTLY ON FILE WITH THE

PLANNING DIVISION

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 and annexation requests 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 and annexation requests during the Hollister 2040 General Plan Update and providing direction on the active applications on file with the City of Hollister Planning Division.

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.

At the October 16, 2023 regular meeting, the City Council heard an item to adopt a resolution formalizing this policy. After hearing the item, the Council continued the policy and discussion to the November 6, 2023 regular meeting, so that they could receive more information on the scope amendment and timeline for the General Plan Update, and receive more information on the current applications that are on file with the Planning Division.

As a separate item, also a part of tonight’s meeting, the Council will discuss the Placeworks Inc. scope amendment, cost, and timeline to amend the Draft General Plan, Climate Action Plan, Environmental Impact Report, and other documents (collectively, the General Plan Update Project or GPU) to reflect the Council’s direction from the September 11th study session. As part of this discussion, the City Council received a summary of active General Plan Amendment (GPA) and Prezone (PZ) for Annexation applications that are on file with the Planning Division.

The summary provided in that report will inform the City Council of the impacts of processing and/or amending the individual requests on the General Plan Update Project. That report also provides information on how the projects/properties are currently analyzed within the Draft General Plan and/or how the properties are subject to change within the Draft General Plan as F.4
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proposed to be amended by the September 11th direction authorized by the requested contract amendment.

In consideration of a potential deferral of the processing and acceptance of individual requests for general plan amendments while the General Plan Update is underway, the City Council has requested information on the current applications that are on file with the Planning Division, to provide context as to the effect of adoption of the proposed deferral policy on each of these applications on file. Below is a summary of each project application on file with the City and the current status, as well as a discussion of the policy within the context of the proposed deferral policy.

Staff is recommending amendments to the deferral policy originally presented to the City Council on October 16, 2023. A red-lined version has been attached to this staff report as Attachment 2 for the consideration of the City Council.

1. GPA 2020-1, PZ 2020-2 – Hollister Research Campus
Initiation Application Submitted: June 24, 2020
Prezone Application Submitted: December 18, 2020

The project proposes to amend the general plan to designate ~230 acres of land located at the intersection of San Felipe Road and Highway 156 for industrial uses, expand the Sphere of Influence to incorporate the land, and proposes annexation of the land into the Light Industrial (M1) and Industrial Business Park (IBP) Zoning Districts.

Figure 1. Project Site GPA 2020-1, PZ 2020-2

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This project was authorized for Initiation on 10/19/2020 by the City Council.

The project applicant submitted the formal GPA and PZ applications on 12/18/2020, and staff and the applicant are in the process of preparing the environmental analysis for the project.

As currently proposed, the project is utilizing the environmental analysis of the 2040 GPU as a baseline and has been analyzed to follow the update of the GPU. The GPU incorporates this area as a future study area.

Effect of the Deferral Policy: The deferral policy as presented on October 16th would pause the processing of this application. Because this project is being analyzed to follow the adoption of the General Plan Update, the continued processing of the application would not have a negative effect on the General Plan Update project. Both projects have been planned to be processed alongside each other, and they each appropriately take account for the other project. The effect of the continued processing of the application on staff time is also accounted for in application and contract fees paid for by the applicant, and the ongoing environmental work can continue without effect on the General Plan Update. It is staff’s recommendation, and has been outlined in the red-lined policy, that the City Council allow GPA 2020-1 and PZ 2020-2 to continue to be processed as designed, and the consideration of the project will occur after the ultimate adoption of the General Plan Update.

2. PZ 2020-1 – Lico & Greco Properties
Initiation Application Submitted: May 18, 2020
Prezone Application Submitted: June 19, 2020

The project proposes to expand the Sphere of Influence to incorporate ~98 acres of land currently designated as Industrial within the General Plan, and to annex the land into the M1 Zoning District. The property is located off of San Felipe Road at the end of Bert Drive.

Figure 2. Project Site PZ 2020-1
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The project was authorized for Initiation on 6/15/2020 by the City Council (Step 3).

The project applicant submitted the formal PZ application (Step 4) on 6/19/2020. It is noted that while an application for a GPA was not submitted with this request, since the time of original approval of the initiation and submittal of the application, it has been determined that an amendment to the Sphere of Influence does require a general plan amendment. This would be incorporated into the ultimate project approval. However, the initiation authorization of the council was approved unanimously (meeting the 4/5th vote requirement) and the description included the Sphere of Influence amendment, so the initiation request has not been brought back for further consideration by the Council.

Staff requested a scope of work for environmental review and provided a cost letter to the applicant on 8/3/2020, and the applicant never proceeded with authorizing the environmental work. However, this property provides contiguity for the Hollister Research Campus project (identified above), and has since been incorporated into that project as part of the ongoing environmental analysis.

Effect of the Deferral Policy: This project has been incorporated into the project description of the Hollister Research Campus project described above. While it is not proceeding forward individually, the effect of the deferral policy would be the same as it would have been for the Hollister Research Campus project. It is staff’s recommendation, as outlined in the red-lined policy, that this project be permitted to proceed as a part of the Hollister Research Campus project. Though not proposed by either applicant, it would not be staff’s recommendation to separate the two projects in any way, because, while that would not affect the GPU, it would significantly affect the work that has already been completed for the Hollister Research Campus project.

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3. GPA 2022-2, Rezone (RZ) 2022-1 – Hollister Multifamily LLC Initiation Application Submitted: September 1, 2022
Rezone Application Submitted: Application has not been submitted

The project proposes to amend the current general plan land use designation of North Gateway Commercial to Mixed-Use, and rezone the property from North Gateway (NG) to Neighborhood Mixed-Use (NMU). The project is located near San Felipe Road and Maple Street, within the city limits, and totals approximately 4.6 acres in size.

Figure 3. Project Site GPA 2022-2, RZ 2022-1
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The project was authorized for Initiation on 1/17/2023 by the City Council (Step 3).

The project applicant has not submitted a formal application for the GPA or RZ as of the date of this report. Per the Council’s direction on 1/17/2023, the GPU has been amended to reflect this amendment as a baseline, and the site is currently shown as Mixed-Use in the draft general plan. However, it has been assumed that the project work (including any environmental analysis) would have been completed prior to the adoption of the GPU by the project applicant.

Effect of the Deferral Policy: The deferral policy as presented on October 16th would pause the processing of this application. The applicant would not be permitted to apply for the formal GPA or RZ application with the Planning Division. This would mean that the GPU would technically be on hold indefinitely, because the Council’s direction on January 17, 2023 was that this application should be submitted and processed prior to the GPU. Given that the applicant has not submitted, it is staff’s recommendation, that the City Council repeal the adoption of Resolution 2018-218 authorizing the Initiation of GPA 2022-2 and RZ 2022-1, and that the change of the land use designation of this site to Mixed-Use be incorporated into the Draft General Plan as part of the GPU process.

This recommendation has been reflected in the red-lined policy.

4. GPA 2022-3, PZ 2022-1 – Severita Hamana
Initiation Application Submitted: October 12, 2022

The project proposes a general plan amendment to designate the property located at 2910 Southside Road (APN 020-280-042) as Low Density Residential, expand the F.4
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Sphere of Influence, and prezone the property to the Low Density Residential (R1) Zoning District for annexation. The project site is approximately 5 acres in size.

Figure 4. Project Site GPA 2022-3, PZ 2022-1

The project applicant has submitted an application for a request to Initiate the GPA and PZ applications. The request had not yet been formally brought before the City Council for consideration. The project site is not currently located within or contiguous to the existing General Plan Planning Area, Sphere of Influence, or City Limits. The project site is proposed to be located within the draft general plan planning area with a designation of Low Density Residential to reflect the existing and surrounding county development.

The property is not proposed to be within or contiguous to the Sphere of Influence expansion in the current draft General Plan, nor was it proposed for inclusion in the amended Sphere of Influence as directed by the Council at the September 11th study session.

The scope of work, timeline, and budget for the contract amendment does not propose to include the additional Sphere of Influence expansion and analysis required to incorporate this request into the General Plan Update.

Effect of the Deferral Policy: The adoption of the deferral policy would pause the processing of this request for initiation. As described above, this project site has not been identified by the City Council as an area proposed for the expansion of the Sphere of Influence (SOI) within the Draft General Plan, nor is the project site contiguous to the proposed SOI. Consideration of incorporating this project site into the GPU would require additional policy discussion and direction from the council, not accounted for in the proposed contract amendment or the direction received during the September 11th study session. Staff recommends that the City Council proceed with the direction provided for the GPU as it relates to this property, and not authorize separate processing of the individual request during the ongoing General Plan Update. However, staff also F.4
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acknowledges the delays in the processing of the initiation request submitted by the applicant due to the ongoing General Plan Update, and recommends that the City Council offer a refund of the application fees paid for the initiation request with direction to the applicant that they may apply for a general plan amendment and/or prezone for annexation application in the future, following the ultimate adoption of the General Plan Update. The applicant has paid $4,013.27 in application fees.

5. GPA 2023-1, PZ 2023-1 – MLC Holdings/Sarwat Fahmy
Initiation Application Submitted: February 8, 2023

The project proposes a general plan amendment to change the land use designation of properties located at Ladd Lane and Union Road (APNs 020-280-007 & 020-280-070) from Low Density Residential to Medium Density Residential in the general plan, expand the Sphere of Influence to include the properties, and to annex the properties into the Medium Density Residential (R3) Zoning District. The project site totals approximately 18 acres.

Figure 5. Project Site GPA 2023-1, PZ 2023-1

The project applicant has submitted an application for a request to Initiate the GPA and PZ applications. The request had not yet been formally brought before the City Council for consideration. The project site is currently designated Low Density Residential in the 2005-2023 General Plan. The project site is not located within the existing Sphere of Influence, but is contiguous to the Sphere of Influence and City Limits to the north. The project site is proposed to be located within the draft general plan planning area with a designation of Medium Density Residential, and is proposed to be included within the Sphere of Influence expansion area in the draft 2040 General Plan, as well as within the proposed amended Sphere of Influence area from the September 11th study session direction. The property is additionally proposed to be within the “Union Road Special F.4
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Planning Area” of the draft General Plan. More information regarding the Union Road Special Planning Area can be found within the staff report related to the General Plan Update contract amendment found within tonight’s agenda.

Effect of the Deferral Policy: The adoption of the deferral policy would pause the processing of this request for initiation. As described above, this project site has been identified by the City Council as an area proposed for land use changes, Sphere of Influence expansion, and inclusion with the Union Road Special Planning Area of the Draft General Plan, and special policy consideration has been taken for this project site and surrounding area within the Draft General Plan. Staff recommends that the City Council proceed with the direction provided for the GPU as it relates to this property, and not authorize separate processing of the individual request during the ongoing General Plan Update. However, staff also acknowledges the delays in the processing of the initiation request submitted by the applicant due to the ongoing General Plan Update, and recommends that the City Council offer a refund of the application fees paid for the initiation request with direction to the applicant that they may apply for a general plan amendment and/or prezone for annexation application in the future, following the ultimate adoption of the General Plan Update. The applicant has paid $4,013.27 in application fees.

6. PZ 2023-2 – Joe Tonascia
Initiation Application Submitted: April 20, 2023

The project proposes annexation of an approximately 35-acre property located west of Southside Road and north and south of Union Road (APN 020-280-040) into either a Specific Plan or Low Density Residential Performance Overlay (R1-L/PZ) Zoning Designation.

Figure 6. Project Site PZ 2023-2
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The project applicant has submitted a request for Initiation of Prezone for annexation of the parcel. The request had not yet been formally brought before the City Council for consideration. The northern half of the project site is currently designated Low Density Residential in the 2005-2023 General Plan; the southern half of the project site does not contain a designation in the 2005-2023 General Plan. The project site is not located within the existing Sphere of Influence, but is contiguous to the Sphere of Influence and City Limits to the north. Though the applicant has not applied for an initiation request for a General Plan Amendment, in order for the project to be approved, a general plan amendment would be required to change the southern half of the project site to have a general plan designation as well as to incorporate the necessary Sphere of Influence amendment for the project. The northern half of the project site is proposed to be located within the draft general plan planning area with a designation of Medium Density Residential, and the southern half is proposed with an Agricultural land use designation in the draft 2040 General Plan. The site is proposed to be included within the Sphere of Influence expansion area in the draft 2040 General Plan. At the September 11th Study Session, the City Council directed staff to incorporate the southern half of the project site into a future Specific Plan study area with a mix of uses. This change is incorporated into the draft scope of work and contract amendment for discussion tonight. The property is proposed to be a part of the “Union Road Special Planning Area” within the Draft General Plan. The Union Road Special Planning Area goals and policies have been described within the staff report related to the General Plan Update contract amendment found within tonight’s agenda.

Effect of the Deferral Policy: The adoption of the deferral policy would pause the processing of this request for initiation. As described above, this project site has been identified by the City Council as an area proposed for land use changes, Sphere of Influence expansion, and inclusion with the Union Road Special Planning Area of the Draft General Plan, and special policy consideration has been taken for this project site and surrounding area within the Draft General Plan. Staff recommends that the City Council proceed with the direction provided for the GPU as it relates to this property, and not authorize separate processing of the individual request during the ongoing General Plan Update. However, staff also acknowledges the delays in the processing of the F.4
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initiation request submitted by the applicant due to the ongoing General Plan Update, and recommends that the City Council offer a refund of the application fees paid for the initiation request with direction to the applicant that they may apply for a general plan amendment and/or prezone for annexation application in the future, following the ultimate adoption of the General Plan Update. The applicant has paid $2,193.29 in application fees.

7. PZ 2023-3 – Lico & Greco Properties
Initiation Application Submitted: August 14, 2023

The project proposes annexation of an approximately 55-acre parcel located at Union Road and Highway 25 (APN: 020-290-056) into the either a Specific Plan or Low Density Residential Performance Overlay (R1-L/PZ) Zoning District.

Figure 7. Project Site PZ 2023-3

The project applicant has submitted a request for Initiation of Prezone for annexation of the parcel. The request had not yet been formally brought before the City Council for consideration. The project site is currently designated Low Density Residential with the northwest portion designated for Mixed-Use close to the intersection of Highway 25 and Union Road. The project site is not located within the existing Sphere of Influence, but is contiguous to the Sphere of Influence and City Limits to the east. Though the applicant has not applied for an initiation request for a General Plan Amendment, in order for the project to be approved, a general plan amendment would be required to change the designation of the site as well as to accommodate the necessary Sphere of Influence amendment. With the preliminary site plan as proposed, a specific plan or planned development is likely the most appropriate zoning designation. The project is proposed to be designated Mixed-Use and is proposed to be within the Sphere of Influence expansion area in the draft 2040 General Plan. At the September 11th study session, the City Council did not propose a change to the land use on this site. The property is proposed to be a part of the “Union Road Special Planning Area” within the Draft General Plan. The Union Road Special Planning Area goals and policies within the staff F.4
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report related to the General Plan Update contract amendment found within tonight’s agenda.

Effect of the Deferral Policy: The adoption of the deferral policy would pause the processing of this request for initiation. As described above, this project site has been identified by the City Council as an area proposed for land use changes, Sphere of Influence expansion, and inclusion with the Union Road Special Planning Area of the Draft General Plan, and special policy consideration has been taken for this project site and surrounding area within the Draft General Plan. Staff recommends that the City Council proceed with the direction provided for the GPU as it relates to this property, and not authorize separate processing of the individual request during the ongoing General Plan Update. However, staff also acknowledges the delays in the processing of the initiation request submitted by the applicant due to the ongoing General Plan Update, and recommends that the City Council offer a refund of the application fees paid for the initiation request with direction to the applicant that they may apply for a general plan amendment and/or prezone for annexation application in the future, following the ultimate adoption of the General Plan Update. The applicant has paid $2,193.29 in application fees.

Annexation Requests:

Since the October 16, 2023 City Council meeting, it has been brought to staff’s attention that requests for annexation of properties currently located within the Sphere of Influence and requesting to be prezoned (or, in some cases, already having approved prezoning) to a designation in compliance with the current 2005-2023 General Plan designation may also affect the established baseline conditions currently studied for the General Plan Update. The 2005-2023 General Plan land use maps do not contain a depiction of the City Limits, though they do outline the Sphere of Influence (SOI) and General Plan Planning Area. Annexation requests that are not within the SOI and do not propose a land use designation change, may not require a General Plan Amendment application. However, the Draft General Plan relies upon the existing city limits and Sphere of Influence to establish the baseline context for preparing the environmental documents and modeling, as well as is reflected in the mapping, tables, and text of the Draft General Plan document itself. Changes to this baseline through an annexation into the City will have the same effects on the timeline, budget, and scope of work of the General Plan Update as a request for a general plan amendment application would have. For this reason, staff recommends that the deferral policy for general plan amendment applications be modified to also include requests for annexations to the City. This change is incorporated into the red-lined policy, included as Attachment 2.

In the future, upon adoption of the General Plan Update, an annexation request will automatically also require an amendment to the General Plan, because the revised general plan document and maps will need to also be amended to reflect the changes to the City limits and/or SOI. This is standard practice, and there is no change required to the Draft General Plan or any of the accompanying documents being prepared to reflect this recommendation, as it is already incorporated.

One project application that is currently on file with the City would be additionally affected by this change. A description and its current status is described below.

8. PZ 2019-2 – Joseph Nguyen/Clearist Park
Initiation Application Submitted: February 27, 2019
Prezone Application Submitted: April 15, 2019

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The project proposes annexation of approximately 46-acres of property located east of San Felipe Road and north of the Hollister Municipal Airport (APNs 014-090-053, 014-090-016, and 014-090-058) into the Industrial Business Park (IBP) Zoning District. The property is located within the Sphere of Influence, and is designated Industrial within the 2005-2023 General Plan. No change is proposed in the Draft General Plan.

Figure 8. Project Site PZ 2019-2

The project was authorized for Initiation on April 1, 2019 by the City Council.

The project applicant submitted a formal application for the Prezone on April 15, 2019. The next step in the process is the preparation of an environmental analysis pursuant to CEQA.

The City has requested proposals for the environmental work for this project and provided cost letters to the applicant on four separate occasions: August 2019, July 2021, March 2022, and August 2022. On each of these occasions, the applicant has refused to provide payment to the City in order for the work to be authorized, and therefore no work has proceeded on the application. The applicant recently reached out to city staff (on October 18, 2023) requesting additional proposals for completion of the environmental work for this project. As the Council is aware, at the August 7, 2023 City Council meeting, the City Council rejected the extension of the City’s on-call consulting Professional Services Agreement with Kimley-Horn and Associates. This professional services agreement was previously utilized by the Planning Division for on-call environmental work for development applications. However, this agreement is no longer in place. The City does not currently have any agreements for environmental consultants available, and this request would require City Council authorization to send out a Request for Proposal for the project. Staff have not yet been able to respond to this latest request, but will provide a response and F.4
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next steps to the applicant, pending the direction of Council on the deferral policy. Staff is also separately working on a Request for Qualifications to prepare a new list of on-call environmental consultants to reduce processing times for projects in the future, rather than have to request Council authorization for any environmental work that must be completed for projects.

The General Plan Update does not include changes to this project site, it is proposed to remain in the Sphere of Influence and with a land use designation of Industrial. Additionally, the preparation of an environmental analysis of the project at this time would require a decision to be made as to whether the project would utilize the current 2005-2023 General Plan as a baseline condition, or the Draft General Plan as a baseline environmental condition. The former would result in a change to the city limits as a baseline and would require amendments to the Draft General Plan maps, tables, and text, as well as amendments to the modeling and other environmental work being completed for the Climate Action Plan and Environmental Impact Report (EIR) for the General Plan Update.

The General Plan Update would then be required to wait until the completion of this project before it could be considered for adoption and the certification of the Environmental Impact Report. This would be potentially significant and costly to the timeline and budget of the GPU. To the contrary, the preparation of the environmental analysis of this annexation using the General Plan Update as a baseline, would necessitate that the project proceed after the General Plan Update, regardless. Additionally, preparing an environmental document for this project based on an uncertified environmental document (in this case the GPU’s EIR), poses substantial risk to the applicant, because any change to the baseline EIR would require changes to the project environmental document. Since no work has begun on an environmental document for the project, it would not be staff’s recommendation to initiate work for this project based on the Draft GPU EIR.

For this reason, staff recommends that this application, as well as any other requests for annexation, also be deferred under the policy as revised. If it is the direction of the Council, this applicant could pick up the processing of the formal application that has been authorized and submitted after April 30, 2024 or after the adoption of the General Plan Update, whichever occurs first, so that the GPU is not negatively impacted. The project application would not need to re-apply for the Prezone application, and no environmental work

Staff Recommendation:

Staff recommends that the City Council adopt the policy as amended and shown in Attachment 2 of this report. The policy will defer acceptance and processing of all new general plan amendment and prezoning/annexation requests until April 30, 2024 or until the adoption of the General Plan Update, whichever occurs first. Staff will return to the City Council prior to the expiration of the policy for further discussion and direction, as necessary.

The policy additionally will permit the continued processing of the Hollister Research Campus Project (GPA 2020-1, PZ 2020-2), as described above, with the inclusion of PZ 2020-1 (Lico & Greco Properties), as is currently underway. The policy will defer the processing of PZ 2019-2 until April 30, 2024 or the adoption of the GPU, whichever occurs first, as the applicant has not made any progress on proceeding with the application since its submittal on April 15, 2019. The policy will repeal Resolution 2022-218 authorizing the Initiation of GPA 2022-2 and RZ 2022-1, and incorporates changes to the land use designation of the site into the GPU project itself. Finally, the policy will deny all applications submitted for requests for initiation of General Plan Amendments and Prezones that have not yet been approved by the City Council, and will authorize a refund of those application fees expended by the four applicants (described in detail above).

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FINANCIAL IMPACT: Staff recommends that the City Council provide a refund of application fees to the four applicants who have applied for requests for initiation during the ongoing General Plan Update. The details of the fees paid by each applicant are described above, but this accounts to a total of $12,413.12 to be refunded. The funds would come from the General Fund (Fund 101). The adoption of the deferral policy itself would not result in any additional expense to the City.

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

2. Attachment 2. 2023.11.06 General Plan Deferral Policy_Redline

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2023-225

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 AND ANNEXATION REQUESTS DURING THE HOLLISTER 2040 GENERAL PLAN UPDATE AND PROVIDING DIRECTION ON ALL

APPLICATIONS CURRENTLY ON FILE WITH THE PLANNING DIVISION

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 7-12 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; and

WHEREAS, at the November 6, 2023 City Council meeting, the City Council provided direction to staff and approved a contract amendment authorizing specific modifications be made to the Draft General Plan; and

WHEREAS, the City Council has heard an update on all active General Plan Amendments and Prezone Applications on file with the Planning Division; and

WHEREAS, the City Council finds that additional modifications to the current 2005-2023 General Plan has a significant and negative effect on the preparation of the General Plan Update; and

WHEREAS, the City Council also finds that amending the current City limits through processing applications for annexations will have a significant and negative effect on the preparation of the General Plan Update; and

WHEREAS, the City Council desires to implement their requested modifications to the Draft General Plan and expedite the completion and adoption of the General Plan Update.

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 and annexation requests until April 30, 2024, or until the adoption of the 2040 Draft General Plan by the City Council, whichever occurs first.

BE IT FURTHER RESOLVED, that the City Council makes the findings and takes the following actions on specific applications on file with the Planning Division:

1. General Plan Amendment 2020-1, Prezone 2020-2 – Hollister Research Campus

a. The City Council finds that processing this application will not have an effect on the General Plan Update project. The application is in process, and has been analyzed F.4
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so that its adoption shall follow the General Plan Update adoption, and it does not modify the established baseline conditions studied in the General Plan Update.

b. The City Council further finds that any modification that would place the adoption of this project before the General Plan Update, would have a significant and negative effect on the General Plan Update.

c. The City Council authorizes staff and the applicant to continue to process the application and environmental analyses that are underway; but does not authorize modifications to the project description that would result in the project being approved prior to the General Plan Update.

2. Prezone 2020-1 – Lico & Greco Properties

a. The City Council finds that processing this application, as it has been merged with General Plan Amendment 2020-1, Prezone 2020-2 (Hollister Research Campus Project) described above, will not have an effect on the General Plan Update Project.

The application is in process, and has been analyzed so that its adoption shall follow the General Plan Update adoption, and it does not modify the established baseline conditions studied in the General Plan Update.

b. The City Council further finds that any modification that would place the adoption of this project before the General Plan Update, would have a significant and negative effect on the General Plan Update.

c. The City Council authorizes staff and the applicant to continue to process the application and environmental analyses that are underway as part of the Hollister Research Campus Project; but does not authorize modifications to the project description that would result in the project being approved prior to the General Plan Update.

3. General Plan Amendment 2022-2, Rezone 2022-1 – Hollister Multifamily LLC

a. The City Council finds that the applicant has not applied for a formal application for General Plan Amendment 2022-2 and Rezone 2022-1 as authorized by the Council on January 17, 2023 (Resolution 2022-218), and therefore the applicant’s project would not be reviewed, processed, and ready for consideration and approval by the City Council prior to the completion of the General Plan Update.

b. The City Council finds that proceeding with processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

c. The City Council hereby reverses its authorization of the initiation of General Plan Amendment 2022-2 and Rezone 2022-1 on January 17, 2023 (Resolution 2022- 218), and formally repeals Resolution 2022-218 to that effect.

d. The City Council finds that the application for the Initiation of General Plan Amendment 2022-2 and Rezone 2022-1 was received and processed by the City, and a determination was made; the submission of an application to the City does not guarantee an approval of the project; and no refund should be provided to the applicant for the processed initiation requests.

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e. The City Council desires the general plan designation of the property to be Mixed- Use as identified within the Draft 2040 General Plan, and directs staff to proceed with including this as a change within the General Plan Update project.

4. General Plan Amendment 2022-3, Prezone 2022-1 – Severita Hamana

a. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

b. The City Council has provided staff with direction related to this property within the General Plan Update project.

c. The City Council desires to deny the application for initiation of a General Plan Amendment and Prezone for Annexation at this time, and directs the applicant to re- apply, if desired, after the adoption of the General Plan Update.

d. The City Council authorizes a refund of $4,013.27 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

General Plan Amendment 2023-1, Prezone 2023-1 – MLC Holdings/Sarwat Fahmy

e. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

f. The City Council has provided staff with direction related to this property within the General Plan Update project.

g. The City Council desires to deny the application for initiation of a General Plan Amendment and Prezone for Annexation at this time, and directs the applicant to re- apply, if desired, after the adoption of the General Plan Update.

h. The City Council authorizes a refund of $4,013.27 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

Prezone 2023-2 – Joe Tonascia

i. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

j. The City Council has provided staff with direction related to this property within the General Plan Update project.

k. The City Council desires to deny the application for initiation of Prezone for Annexation at this time, and directs the applicant to re-apply, if desired, after the adoption of the General Plan Update.

l. The City Council authorizes a refund of $2,193.29 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

Prezone 2023-3 – Lico & Greco Properties

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m. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

n. The City Council has provided staff with direction related to this property within the General Plan Update project.

o. The City Council desires to deny the application for initiation of Prezone for Annexation at this time, and directs the applicant to re-apply, if desired, after the adoption of the General Plan Update.

p. The City Council authorizes a refund of $2,193.29 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

Prezone 2019-2 – Joseph Nguyen/Clearist Park

q. The City Council finds that the applicant has made no progress or indication of intent to complete the environmental analysis necessary for the continued processing of this application since the original submittal on April 15, 2019.

r. The City Council finds that proceeding with processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

s. The City Council finds that deferring the processing of this application under this policy will not affect any work on the project, as there is no work currently authorized and ongoing.

t. The City Council hereby defers the processing of this application for annexation until April 30, 2024 or until the adoption of the General Plan Update, whichever occurs first.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-225, 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 6th day of November, 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 November, 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 F.4.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 F.4.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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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 AND ANNEXATION REQUESTS DURING THE HOLLISTER 2040 GENERAL PLAN UPDATE AND PROVIDING DIRECTION ON ALL

APPLICATIONS CURRENTLY ON FILE WITH THE PLANNING DIVISION

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 7-12 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; and

WHEREAS, at the November 6, 2023 City Council meeting, the City Council provided direction to staff and approved a contract amendment authorizing specific modifications be made to the Draft General Plan; and

WHEREAS, the City Council has heard an update on all active General Plan Amendments and Prezone Applications on file with the Planning Division; and

WHEREAS, the City Council finds that additional modifications to the current 2005-2023 General Plan has a significant and negative effect on the preparation of the General Plan Update; and

WHEREAS, the City Council also finds that amending the current City limits through processing applications for annexations will have a significant and negative effect on the preparation of the General Plan Update; and

WHEREAS, the City Council desires to implement their requested modifications to the Draft General Plan and expedite the completion and adoption of the General Plan Update.

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 and annexation requests until April 30, 2024, or until the adoption of the 2040 Draft General Plan by the City Council, whichever occurs first.

BE IT FURTHER RESOLVED, that the City Council makes the findings and takes the following actions on specific applications on file with the Planning Division:

1. General Plan Amendment 2020-1, Prezone 2020-2 – Hollister Research Campus

a. The City Council finds that processing this application will not have an effect on the General Plan Update project. The application is in process, and has been analyzed so F.4.b
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that its adoption shall follow the General Plan Update adoption, and it does not modify the established baseline conditions studied in the General Plan Update.

b. The City Council further finds that any modification that would place the adoption of this project before the General Plan Update, would have a significant and negative effect on the General Plan Update.

c. The City Council authorizes staff and the applicant to continue to process the application and environmental analyses that are underway; but does not authorize modifications to the project description that would result in the project being approved prior to the General Plan Update.

2. Prezone 2020-1 – Lico & Greco Properties

a. The City Council finds that processing this application, as it has been merged with General Plan Amendment 2020-1, Prezone 2020-2 (Hollister Research Campus Project) described above, will not have an effect on the General Plan Update Project.

The application is in process, and has been analyzed so that its adoption shall follow the General Plan Update adoption, and it does not modify the established baseline conditions studied in the General Plan Update.

b. The City Council further finds that any modification that would place the adoption of this project before the General Plan Update, would have a significant and negative effect on the General Plan Update.

c. The City Council authorizes staff and the applicant to continue to process the application and environmental analyses that are underway as part of the Hollister Research Campus Project; but does not authorize modifications to the project description that would result in the project being approved prior to the General Plan Update.

3. General Plan Amendment 2022-2, Rezone 2022-1 – Hollister Multifamily LLC

a. The City Council finds that the applicant has not applied for a formal application for General Plan Amendment 2022-2 and Rezone 2022-1 as authorized by the Council on January 17, 2023 (Resolution 2022-218), and therefore the applicant’s project would not be reviewed, processed, and ready for consideration and approval by the City Council prior to the completion of the General Plan Update.

b. The City Council finds that proceeding with processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

c. The City Council hereby reverses its authorization of the initiation of General Plan Amendment 2022-2 and Rezone 2022-1 on January 17, 2023 (Resolution 2022-218), and formally repeals Resolution 2022-218 to that effect.

d. The City Council finds that the application for the Initiation of General Plan Amendment 2022-2 and Rezone 2022-1 was received and processed by the City, and a determination was made; the submission of an application to the City does not F.4.b
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guarantee an approval of the project; and no refund should be provided to the applicant for the processed initiation requests.

e. The City Council desires the general plan designation of the property to be Mixed-Use as identified within the Draft 2040 General Plan, and directs staff to proceed with including this as a change within the General Plan Update project.

4. General Plan Amendment 2022-3, Prezone 2022-1 – Severita Hamana

a. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

b. The City Council has provided staff with direction related to this property within the General Plan Update project.

c. The City Council desires to deny the application for initiation of a General Plan Amendment and Prezone for Annexation at this time, and directs the applicant to re- apply, if desired, after the adoption of the General Plan Update.

d. The City Council authorizes a refund of $4,013.27 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

5. General Plan Amendment 2023-1, Prezone 2023-1 – MLC Holdings/Sarwat Fahmy

a. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

b. The City Council has provided staff with direction related to this property within the General Plan Update project.

c. The City Council desires to deny the application for initiation of a General Plan Amendment and Prezone for Annexation at this time, and directs the applicant to re- apply, if desired, after the adoption of the General Plan Update.

d. The City Council authorizes a refund of $4,013.27 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

6. Prezone 2023-2 – Joe Tonascia

a. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

b. The City Council has provided staff with direction related to this property within the General Plan Update project.

c. The City Council desires to deny the application for initiation of Prezone for Annexation at this time, and directs the applicant to re-apply, if desired, after the adoption of the General Plan Update.

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d. The City Council authorizes a refund of $2,193.29 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

7. Prezone 2023-3 – Lico & Greco Properties

a. The City Council finds that processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

b. The City Council has provided staff with direction related to this property within the General Plan Update project.

c. The City Council desires to deny the application for initiation of Prezone for Annexation at this time, and directs the applicant to re-apply, if desired, after the adoption of the General Plan Update.

d. The City Council authorizes a refund of $2,193.29 for the application fees paid by the project applicant in acknowledgement of the delay in processing due to the unknown timing of the General Plan Update.

8. Prezone 2019-2 – Joseph Nguyen/Clearist Park

a. The City Council finds that the applicant has made no progress or indication of intent to complete the environmental analysis necessary for the continued processing of this application since the original submittal on April 15, 2019.

b. The City Council finds that proceeding with processing this application ahead of the General Plan Update would have a significant and negative effect on the General Plan Update.

c. The City Council finds that deferring the processing of this application under this policy will not affect any work on the project, as there is no work currently authorized and ongoing.

d. The City Council hereby defers the processing of this application for annexation until April 30, 2024 or until the adoption of the General Plan Update, whichever occurs first.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 23, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Cannabis
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-226, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING A REGULATORY PERMIT FOR 3GM INC TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1891 AIRWAY DRIVE (APN 053-420- 037-000)

BRIEF DESCRIPTION: The City Council will consider renewing a regulatory permit for 3GM Inc. to continue to operate a cannabis cultivation facility.

RECOMMENDATION: Adopt a resolution approving the renewal of a regulatory permit for 3GM Inc. to continue to operate a cannabis cultivation facility located at 1891 Airway Drive.

DEPARTMENT SUMMARY:

On October 5, 2020 the City Council approved a Cannabis Use Permit/ Development Agreement for 3GM Inc. to operate a cannabis cultivation facility (Resolution No. 2020-196). On November 2, 2020, the City Council approved a regulatory permit (Resolution No. 2020-214) for 3GM Inc. to operate a cannabis cultivation facility at 1851 Airway Drive.

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. The current permit expires on November 11, 2023.

FINANCIAL IMPACT: $ 0

CEQA: The activity described falls under the exemption provided by the California Environmental Quality Act (CEQA) Categorical Exemption Section 15301(a) for Existing Facilities as there would be no change in the existing use. No exceptions listed under Section 15300.2 apply. There is no reasonable possibility that the project would have a significant effect on the environment.

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2023-226

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING A REGULATORY PERMIT FOR 3GM INC TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1891 AIRWAY DRIVE (APN 053-420-037-000)

WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and

WHEREAS, the City Council at its regular meeting of October 5, 2020 approved a Cannabis Use Permit/ Development Agreement for 3GM Inc. located at 1891 Airway Drive; and

WHEREAS, the City Council at its regular meeting of November 2, 2020 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; and

WHEREAS, 3GM Inc. has completed the regulatory permit application, and it has been deemed complete; and

WHEREAS, at its regular meeting of November 6, 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 upon making specified findings.

WHEREAS The Council did not make any of the specified findings required to deny 3GM Inc.

Regulatory Permit; and

WHEREAS, under the provisions of Section 5.42.14 the City Council may, however, place conditions upon the 3GM Inc. 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 5.42 of the City of Hollister Municipal Code 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 area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
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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 c. 667.5 of the Penal Code.
d. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
e. 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 3GM Inc. located at 189 Airway Drive 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 6th day of November, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-226, 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 6th day of November, 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 November, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 24, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: UPDATE ON CITY'S PILOT PARKLET PROGRAM

BRIEF DESCRIPTION: On August 7, 2023, City Council provided direction to staff to host a meeting with the Downtown Businesses regarding Code Enforcement warnings on signage and concerns regarding the Pilot Parklet Program.

RECOMMENDATION: Receive the report and provide possible direction regarding the Pilot Parklet Program.

DEPARTMENT SUMMARY:

On Tuesday, October 17, 2023, the City Manager and Development Services Director, in partnership with the Hollister Downtown Association, hosted a Downtown Parklet Listening Session at the Veterans’ Memorial Building. The purpose of this meeting was to provide downtown businesses with a listening session for recent concerns brought forward to the City Council. The City Council had previously provided direction on August 7, 2023, to city staff to host a meeting to further discuss Code Enforcement warnings specifically on signage, and additional concerns regarding the Pilot Parklet Program.

Outreach was conducted by the Hollister Downtown Association and the City Manager’s office by way of flyers, business visits, social media, digital newsletters, and spoken communication.

The meeting was attended with over 40 people checked-in which included Downtown Businesses, both parklet and non-parklet owners, various community members, and elected officials from the City of Hollister and the County of San Benito. The City Manager and Development Services Director provided a review of the Pilot Parklet Program covering the original eligibility criteria, waived fees, and general requirements as a permit holder of a parklet in addition to addressing the audience’s questions.

Parklet Signage
The City of Hollister Code Enforcement team was also in attendance to listen to concerns and to provide clarification on warning notices and citations business owners had received. It was clarified at this time Code Enforcement ensures compliance with the current ordinance which does not specifically address parklet signage. Business owners expressed their willingness to work with Code Enforcement, but wanted to visit the notification process when being addressed with warnings and violations. It is desired by the business owners that Code Enforcement address a supervisor, manager, or business owner when making contact during these instances. This would alleviate any miscommunication between line staff personnel to management.

The signage topic was then opened to the audience and the following suggestions were provided in conversation:

• Signs with business name and logo
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• 2 signs per business
• Limit placement to the side of Parklet
• Sizing (2’x4’)
• Colors (earth tones)

Businesses also expressed the desire to decorate their parklets for the holidays.

As specifics on Parklet signage were discussed, questions about A-Frame compliance were also brought up during the discussion. The Development Services Director was able to provide business owners with the Hollister Downtown Portable Sign Permit applications. Hard copies of this information were disseminated at the meeting and can also be accessed by visiting the City of Hollister website.

Additional signage suggestions were made during this time to include a downtown map pamphlet to help visitors navigate through the downtown area and give businesses that do not have a parklet an additional opportunity to be advertised.

Some of the businesses that are on the side streets also voiced their opinions on signage to help them get noticed as part of the Downtown Business corridor. Ideas of side street wayfinding signage, and directories could help downtown tourism to include all the downtown businesses with and without parklets.

California State Assembly Bill (AB) 1217
Restaurant Parklet owners also articulated concerns regarding the expiration of the COVID-19 Alcoholic Beverage Control permits. Businesses explained their concerns that this would limit the business to use their Parklet to the maximum capacity. During the meeting, it was announced that AB1217 had been extended. As a result of this comment, the Hollister Legal team was able to do some research and provide the following brief analysis in response to the new information.

“AB 1217 merely extends the expiration date of the COVID-19 Temporary Catering Authorization until July 1, 2026. This is the law that authorizes the on-sale consumption of those alcoholic beverages for which the licensee has on-sale privileges on property that is adjacent to the licensed premises, under the control of the licensee. So, in short, it continues to allow patrons to drink alcohol in parklets. The law was originally scheduled to expire on July 1, 2024. “

Pilot Parklet Program Status
Many business owners expressed concerns over the “pilot” nature of the program. Although the program was borne out of a response to the COVID-19 pandemic, the business owners who have a parklet who attended the meeting expressed how they have integrated the parklet into their business model. The uncertainty surrounding the permanence of Pilot Parklet Program is unsettling to business owners and creates challenges when investing into their businesses. For example, there may be a hesitancy to purchase new tables and chairs for their parklets if they feel the program will end. The attendees requested that the Council formally discuss this matter at a future council meeting and ratify their decision via resolution.

New and Under Used Parklets
Several years have passed since the Pilot Parklet Program Implementation. Some new businesses have come into the downtown area without established parklets and other established businesses use the parklet less than expected. The Parklets that were constructed in the downtown area were all paid for by the CARES Act funds which were made available to municipalities during the COVID-19 pandemic. Some business owners had questions about existing under used parklets and specifically if they could be recycled, moved, or sold to another F.6
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business. Other businesses inquired how to get a new parklet established in front of their business as the opportunity to apply for the grant has passed.

Additional Information
The following list is additional ideas that were brought up and discussed during the listening session.

• Regular routine meetings with the City of Hollister
• Tree obstruction of downtown building signage
• Downtown lighting
• Parking constraints in the Downtown District
• Council of Governments of San Benito County providing shuttle service to Pinnacles from the City of Hollister’s Parking Garage
• Development of a downtown business map

ATTACHMENTS:

1. Parklet Program Manual 2022

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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PARKLET PILOT PROGRAM MANUAL

C I T Y O F H O L L I S T E R
September 2022
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C I T Y O F H O L L I S T E R
3 4
5 6
9 10
11 12
13 14
15 Parklet Program
Program Goals
Location Criteria
Financial Impact
Fees/Rent/Insurance
Responsibilities
Steps to Obtain a Parklet
Parklet Application
Encroachment Permit
Maintenance Agreement
Extension of Parklet
Contact Information
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In 2020, the Hollister City Council saw an opportunity to assist our business community to recover economically from the effects of the COVID-19 pandemic. Steps were quickly taken to move forward with a program that would assist our downtown community by allowing outdoor retail and dining.

In October of 2020, the City of Hollister embarked a Parklet Pilot Program which would allow both retail businesses and restaurants to extend their operations onto the street in the form of a parklet.

Parklets provide an opportunity for year-round seating by enhancing the pedestrian environment which can help make the street more safe and comfortable for people shopping, running errands, and accessing services in their own
neighborhoods.

Due to its success, the City of Hollister is providing funding once again to our downtown business that may of not been able to participate in the first round of the program.

C I T Y O F H O L L I S T E R

PARKLET PILOT PROGRAM
Page|3
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LOCATIONCRITERIA
Page| 5
The Parklet Pilot Program will be available in the downtown core. The priority area for parklets are on San Benito Street, from South Street to 4th Street.

However, installation of a parklet in the downtown core, as outlined in teal in the map, will be considered on a case by case basis.

Eligible Applicants Include:

Ground floor business

1. Restaurants

2.Retail
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FINANCIAL IMPACT
Parklet costs can range from $10,000 up to $30,000 or more. Variables may be simplicity of the Parklet, flatter site verses Parklet on sloped streets.

Once Parklet has been completed the City of Hollister will reimburse you an amount not to exceed $15,000 for eligible expenses.
$7,500 for 15 linear feet or less.
$15,000 for 15 linear feet or more.

Upon submittal of invoices, you will receive reimbursement.

PERMITTING FEES
The City of Hollister will be waiving all design, review, and permitting fees to business that decide to participate in the Parklet Pilot Program through the duration of this program.

The following are the fees you'd be saving on:
- An Annual Parking Spot Fee of $425 a year per parking spot or portion
- Sidewalk Café Space Fee $100 (if applicable)
- An Annual Renewal/Inspection of $125.
- Encroachment Permit $285
- Non- Refundable Application Fee $150
- Building Department Inspection and Plan Check Fee $400 For an estimated savings to business owner of up to $1,485.00 for the initial year of participation.

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FEES/RENT
Page| 8
If permit is issued the following fees are requires:

Encroachment Permit - $285 *Waived*
Renewals: $125 for yearly renewal/inspection
parking space rent
An annual of Parking Space Rent shall be paid to the City of Hollister. Such fee is of $425 a year per parking spot or portion of. The City will defer this annual fee for the first year.

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Page| 9
Sidewalk cafe space fee

INSURANCE
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RESPONSIBILITIES
Page | 10
Keep Parklet free of debris, grime, and graffiti.

Keep all plants healthy and replace dead plants.

Keep the Parklet free of pests.

Sweep out debris from under Parklet on an as-needed basis to allow proper drainage.

Adequately maintain all surfaces of the Parklet so they are clean and safe.

Keep any furniture - such as tables and chairs, and benches - clean.

Repair and/or replace tables, chairs, and other elements of the Parklet as needed.

Secure furniture overnight or when not in use.

Store unsecured furniture and equipment after business hours. :

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1. Initial Application

2. Photos

3.Proof of Insurance
& Encroachment
Permit
General liability insurance of up to
$2,000,000 in coverage is required The
City of Hollister needs to be included
under insured. In addition, you need to
apply for an encroachment permit.

STEPS FOR OUTDOOR

RETAIL AND DINING
Applying for a parklet is easy!
Complete the following steps and you're on your way to providing your customers a wonderful outdoor experience.

Read over the manual to
help you prepare for the
application forms.

Parklet
Process
. Please submit photos of the
location where you would like to
install the parklet, including the
parking spaces, the sidewalk, and
building facade in front of the
proposed location
Upon submittal of application and
once applicant receives sign-off
from the Building Department you
are ready to build! Building will
conduct an on-site inspection of
final build.

4. Installment &
Inspection
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New Application Renewal
Application Number:

Business
Address:

Business
Name:

Applicant
Name:

City of Hollister
Business Lic.#
Address:

Phone #:

Email:

ABC License
(if applicable):

Design Information
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$SSOLFDQW6LJQDWXUH Date
Staff Use Only:

Received By:_____________________ Date Received:____________ $SSURYDO*UDQWHG
 www.hollister.ca.gov
Contractor (if known):______________________________
Anticipated Completion Date:_________________________
Parking Information
Number of parking spaces to be occupied: _____ Parallel _____ Angular/ Perpendicular
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Parklet Sidewalk Cafe
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E N C R O A C H M E N T P E R M I T #
PERMIT APPROVAL:____________________
ASSIGNED INSPECTOR: __WILL ALLEN
PHONE: 831-235-7394____
APPROVED BY:

FEE:

CHK# RCT#
DATE PAID:

EMPLOYEE:_____________
ACCT#101-1000-420053

A B O V E F O R C I T Y U S E O N L Y
NAME:

ADDRESS:

MAILING ADDRESS:

CITY, STATE, ZIP:

EMAIL:_________________________________________________ TELEPHONE NO.:

FAX NO: __________________________________________________ CONTRACTOR NAME: ________________________________________ CONTRACTOR’S LICENSE:

BUSINESS LICENSE:

TAX ID NO: ______________________________________________________ EXP.:

ESTIMATE:

LOCATION OF WORK
ADDRESS:

OWNER:

SPECIFIC NATURE OF WORK
START DATE:

ESTIMATED END DATE:

SPECIAL REMARKS
SPECIAL NOTIFICATION:(CIRCLE)

PG&E SBC CALTRANS
CHARTER USA OTHER ___________

R E A D B E L O W B E F OR E S I G NING

APPLICANT AGREES TO PERFORM ALL WORK IN ACCORDANCE WITH CITY OF HOLLISTER STANDARDS AND SPECIAL NOTES LISTED BELOW.

APPLICANT AGREES TO PROPERLY MAINTAIN SAID ENCROACHMENT AT NO

EXPENSE TO THE CITY AND TO INDEMNIFY THE CITY FROM ANY LIABILITY ARISING OUT OF OR CAUSED BY SAID ENCROACHMENT.

CALL 811 OR 1-800-227-2600 TWO (2) WORKING DAYS BEFORE DIGGING.

CGC 4216
DATE:

SIGNATURE:

PROVIDE SKETCH HERE OR ATTACH A SEPARATE SHEET.

REMARKS:SEE ATTACHED CITY STANDARDS

I N S P E C T I O N R E P O R T
DATE INSPECTED: WORK: REMARKS: APP. BY:

I HAVE EXAMINED THE WORK COVERED BY THIS PERMIT AND FIND THAT SAID WORK IS IN ACCORDANCE WITH THE STANDARDS OF THE CITY OF HOLLISTER.

SIGNATURE OF INSPECTOR: DATE:

T Y P I C A L C I T Y S T A N D A R D S

1.ALL WORK MUST BE TO CITY OF HOLLISTER STANDARD SPECIFICATIONS AND DETAILS.

2. WORK MUST BE INSPECTED BY THE CITY OF HOLLISTER PRIOR TO BACKFILL.

3.ALL TRENCH BACKFILL TO BE CLEAN SAND BACKFILL.

4.ASPHALT OR CONCRETE ROAD SURFACE MUST BE SAW CUT.

5.PAVEMENT RESTORATION MUST BE 2.5 MINIMUM HOT ASPHALT OVER 8” MINIMUM.

6.TRENCH COMPACTION SHALL BE 90% EXCEPT FOR UPPER 12” OF SUBGRADE WHICH SHALL BE 95% RELATIVE DENSITY.

7.APPLICANT IS RESPONSIBLE TO SCHEDULE ALL INSPECTIONS WITH MINIMUM OF 24 HOUR NOTICE.

8.TWO SACK SAND SLURRY MAY BE SUBSTITUTED FOR 95% COMPACTED FILL OR A.B.

REMIT TO: CITY OF HOLLISTER 375 FIFTH ST. HOLLISTER, CA 95023 ***PLEASE REFERENCE:”ENCROACHMENT PERMIT”&LOCATION & DATE OF WORK **** F.6.a
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PARKLET MAINTENANCE AGREEMENT
Daily Support
On a daily basis, I agree to:
• Lock up or stow all movable tables and chairs
prior to the close of business.
• Stow or remove all food and drink service
equipment prior to the end of service hours.
• Sweep the parklet surface and the area
surrounding the parklet.
• Water and maintain the parklet’s vegetation.
• Clean the parklet platform, seating, and other
parklet elements.
•Remove any debris, litter, grime, or graffiti from
the parklet.
•Replace any failing parklet elements or
components.

As Needed Support
On as needed basis, I agree to:
•Clean the area underneath the parklet surface.
• Remove any debris that is impeding drainage flow
along the curb and gutter beneath the parklet surface
• Provide pest control (if necessary).

Annual Support
I understand that parklet permits must be renewed on
an annual basis. As part of the renewal I agree to:
• Pay the Annual Renewal/Inspection Fee.
• Pay the Annual Parking Space Rent.
• Replace all parklet components that
have experienced significant wear and tear.
• Submit an updated certificate of liability
insurance and list the City of Hollister as an
additional insured
Parklet Removal
I understand that if my business changes
ownership, I will either need to remove
my parklet or transfer the permit to the
new owner.

I understand that the City of Hollister may
require me to temporarily remove my
parklet under certain circumstances. I
agree that I am responsible for all
duties and costs associated with the
parklet removal.

Temporary removal may be required
when:
• Planned streetscape, utility or
roadway improvements occur.
• Planned franchise utility
improvements occur.
• A public safety or public utility
emergency occurs.
• Emergency infrastructure repairs
are required.

In these situations, I may need to store
my parklet offsite. I agree not to reinstall
my parklet until instructed by the City of
Hollister.

I understand that permanent removal may
be required when:

The parklet presents a major public
safety hazard.
• I fail to comply with the conditions
specified in this
Upon permanent removal of my parklet, I agree to restore the street area covered by the parklet to its original or better condition.

Parklet Permits are issued by the City of Hollister and are to hold specific maintenance conditions that are responsibilities of the Parklet host. These conditions ensure that the parklets remain clean, safe, and in a state of good repair for the enjoyment of the hosting business’ patrons and the public. The City may revoke the permit from any parklet host that fails to comply with the following agreement:

Signature:__________________________ Date:___________________ Name:_____________________________ Business Name: _________________________ Parklet Address:_______________________________
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Mailing Address:
375 Fifth Street
Hollister, CA 95023
Phone: 831.636.4300
Website: www.hollister.ca.gov
Business Name:

Business Address:

Application Number:

Phone Number: Email:

Neighboring Business:

Business Owner:

Business Address:
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______________________________________________
Date:______________
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HAVE QUESTIONS ?CONTACT US!

C I T Y O F H O L L I S T E R
September 2022
[email protected]
831.636.4300 ext.1010
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 24, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Development Services
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-227, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER ADOPTING REGULATIONS REGARDING SIGNAGE AND DECORATIONS FOR THE CITY’S PILOT PARKLET PROGRAM

BRIEF DESCRIPTION: A resolution adopting regulations regarding signage and decorations into the City’s Pilot Parklet Program.

RECOMMENDATION: Adopt a resolution regulating signage and decorations into the City’s Pilot Parklet Program.

DEPARTMENT SUMMARY: On October 17, 2023, the City of Hollister held a public workshop with the Hollister Downtown Association, downtown business owners, and interested members of the public to discuss the City’s Pilot Parklet Program, specifically signage and decorations on the parklets. From the meeting, it was recommended that the parklet program be amended to allow for the placement of business signage on the parklets, as well as to allow for the parklets to be decorated during holidays.

This resolution would adopt regulations for signage that would allow, through an Administrative Sign Permit submitted to the Planning Division, signs that meet the following requirements:

a. No more than two (2) signs, each no greater than 2 feet in height by 4 feet in width (8 square feet), shall be placed on any parklet;

b. Each sign shall contain only the business name and logo; no other advertisement shall be permitted;

a. Branded fonts shall be permitted; otherwise font type shall be sans serif to provide a uniform appearance

c. Signs may be channel lettering, however, if the sign contains a solid background, the background shall be earth tones or neutral in color;

a. Earth tones shall consist of muted greens and browns only;

d. The applicant shall apply for and receive a building permit for the sign, if required.

Additionally, the program would be expanded to permit decorations on the parklets. Decorations shall be contained within the footprint of the parklet structure or up against /attached to the exterior walls of the parklet. No decorations shall be placed on the ground within the public- right-of way outside of the parklet area (including the sidewalk). Decorations also shall not extend more than 3 feet above the height of the parklet, or be a nuisance or hazard as determined by the City Manager or their designee. Additionally, electricity connections, heat F.7
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lamps, and/or roofing/covers of the parklets shall be subject to the review and approval of the Building Division and Fire Department.

FINANCIAL IMPACT: The adoption of the amendments to the parklet program will have no financial impact. Any application fees would be paid by the applicants for signage.

CEQA: This is not a project under CEQA.

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2023-227

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER ADOPTING REGULATIONS REGARDING SIGNAGE AND DECORATIONS FOR THE CITY’S PILOT

PARKLET PROGRAM

WHEREAS, the City Council has adopted a Pilot Parklet Program within the Downtown; and

WHEREAS, the City Council desires to allow limited signage and decorations within and on the parklets.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby adopt the following regulations for signs and decorations within the Parklet Program:

1. An Administrative Sign Permit through the Planning Division shall be obtained prior to installation of any signage on a parklet within the City of Hollister. The sign shall be approved in accordance with the following regulations:

a. No more than two (2) signs, each no greater than 2 feet in height by 4 feet in width (8 square feet), shall be placed on any parklet;

b. Each sign shall contain only the business name and logo; no other advertisement shall be permitted;

i. Branded fonts shall be permitted; otherwise font type shall be sans serif to provide a uniform appearance;

c. Signs may be channel lettering or they may contain a solid background. Solid backgrounds shall be earth tones or neutral (black, white, grey) in color;

i. Earth tones shall consist of muted greens and browns only;

d. The applicant shall apply for and receive a building permit for the sign, if required.

2. Parklets may be decorated in accordance with the following regulations:

a. Decorations shall be contained within the footprint of the established parklet structure, and shall not extend beyond 3 feet above the height of the parklet structure as approved;

b. Decorations may extend over the edge of the parklet, or may be attached to the exterior walls of the parklet, provided that the profile of the decoration does not exceed 4 inches beyond the exterior wall of the parklet;

c. No decorations shall be placed on the ground within the public right-of-way outside of the parklet area, including the sidewalk;

d. Decorations shall not obstruct accessible paths of travel;

e. Electricity connections, heat lamps, roofing, covers, or similar – as determined by the Building Official - shall be subject to the review and approval of the Building Division and Fire Department;

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f. The City Manager, or their designee, shall have the discretion to determine if a decoration is considered a public nuisance or hazard and shall have the authority to cause the decoration to be removed if necessary.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 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. 2023-227, 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 6th day of November, 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 November, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 6, 2023
SUBMITTED: October 31, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
Mark Falgout, Acting City
Engineer

TITLE OF ITEM: RESOLUTION NO. 2023-228, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT-TO-EXCEED $500,000 TO PREPARE PLANS AND SPECS AND ENGINEERING SUPPORT FOR THE 2024 CITY WIDE ROADWAY

IMPROVEMENT PROJECT

BRIEF DESCRIPTION: Consider authorizing the City Manager to execute contract amendment No. 4 to the professional services a greement with Kimley-Horn and Associates, Inc., in an amount not-to-exceed $500,000, for additional services to prepare plans and specs and provide engineering support for the 2024 City Wide Roadway Improvement Project.

RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute contract amendment No. 4 to the professional services agreement with Kimley -Horn and Associates, Inc., in an amount not-to-exceed $500,000, for additional services to prepare plans and specs and provide engineering support for the 2024 City Wide Roadway Improvement Project.

DEPARTMENT SUMMARY: The 2024 City Wide Roadway Improvement Project encompasses multiple projects combined into a single project to rehabilitate more than 18 lane miles of local streets, upgrading over 40 ADA ramps, and reconstructing 588 linear feet of sidewalks. Additionally, it includes the implementation of new striping and a pedestrian crosswalk along Memorial Drive. The comprehensive nature of this project extends to the full reconstruction of certain alleyways and driveways within the city streets.

On October 25, 2023, Kimley-Horn provided Staff with a proposal, for the not-to-exceed amount of $481,403 for additional services to prepare plans and specs and provide engineering support for the 2024 City Wide Roadway Improvement Project, which consists of the projects listed below.

1. 2024 Pavement Rehabilitation Project

2. 2022 Slurry Seal Project

3. Ladd Lane and Southside Road Restoration Project

4. Santa Ana Road Re-Striping Project

5. McCray Street Driveway Replacement Project

6. Memorial Drive Pedestrian Crosswalk

7. Wentz, Brown, and Swope Alleys Reconstruction Project F.8
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FINANCIAL IMPACT: Funding will be provided by currently budgeted funds in the Capital Improvement Projects budget. The not-to-exceed amount includes an $18,597 contingency (less than 4%) to cover any unexpected costs or changes in scope.

CEQA: Categorically Exempt Per Section 15301 (Class 1-Exisitng Facilities) 15302 (Replacement or Reconstruction)

ATTACHMENTS:

1. 2024 CIP Pavement Proposal-2023.10.25

2. 2024 Roadway Improvement Projects Presentation

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2023-228

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., IN AN AMOUNT NOT-TO-EXCEED $500,000 TO PREPARE PLANS AND SPECS AND ENGINEERING SUPPORT FOR THE 2024 CITY WIDE ROADWAY IMPROVEMENT PROJECT

WHEREAS, the City requires additional professional services to prepare plans and specifications and provide engineering support for the 2024 City Wide Roadway Improvement Project; and

WHEREAS, Kimley-Horn and Associates, Inc. has performed work on similar projects for the City of Hollister; and

WHEREAS, on October 25, 2023, Kimley-Horn and Associates provided staff with a proposal, for the not-to-exceed amount of $481,403 for additional services to prepare plans and specifications and provide engineering support for the 2024 City Wide Roadway Improvement Project; and

WHEREAS, staff has included a contingency of $18,597 to cover any unforeseen changes in scope; and

WHEREAS, staff desires to have Kimley-Horn and Associates, Inc. perform the work described in the attached proposal; and

WHEREAS, the existing Agreement requires City and Contractor to agree in writing to any Additional Services and attach those agreed upon Additional Services to the Agreement as Exhibit D – Scope of Contractor Services – Additional; Compensation Schedule.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to execute a contract amendment to the professional services agreement with Kimley-Horn and Associates, in an amount not to exceed $500,000, for additional services to prepare plans and specs and provide engineering support for the 2024 City Wide Roadway Improvement Project.

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 6th day of November, 2023, by the following vote:

Mia Casey, Mayor
ATTEST:

Jennifer Woodworth, MMC, City Clerk

APPROVED AS TO FORM:

Lozano Smith Attorneys at Law

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Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-228, 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 6th day of November, 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 November, 2023.

Jennifer Woodworth, MMC

City Clerk of the City of Hollister
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

MEMORANDUM
Date:October 25, 2023
To:David Mirrione, City Manager
City of Hollister, CA
From:Mark Falgout, Akash Patel, Tyler Whaley
Kimley-Horn and Associates, Inc.

Subject:City of Hollister 2024 Capital Improvement Projects Thank you for this opportunity to team with you on the City’s 2024 Capital Improvement Projects. We value the trust and confidence that you have in Kimley-Horn’s ability to enhance Staff’s resources by continuing to assist with City construction projects.

We have prepared this proposal to confirm our Project Understanding and fee estimates that would ultimately be formalized into an agreement for professional services based on the on-call contract with the City.

Project Understanding
The City wants to engage Kimley-Horn to prepare PS&E for several Capital Improvement Projects. The projects included in this proposal, as provided by the City, are:
· 2024 Pavement Rehabilitation Project
· 2022 City Wide Slurry Seal Project
· Ladd Lane and Southside Road Slurry Seal Project
· Santa Ana Road Re-Striping Project
· McCray Road Driveway Replacement Project
· Memorial Crosswalk at Youth Center
· Wentz, Browns, and Swope Alley Project
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Summary Fee Estimate
Project Estimated
Fee
Estimated Prelim
Construction Costs
CEQA Clearance $75,748 $0
2024 Pavement Rehabilitation Project $174,827 $3,800,000 2022 City Wide Slurry Seal Project $16,496 $1,500,000
Ladd Lane and Southside Road Slurry Seal Project $12,551 $625,000 Santa Ana Road Re-Striping Project $24,316 $200,000
McCray Road Driveway Replacement Project $32,292 $100,000 Memorial Crossing at Youth Center $95,097 $350,000
Wentz, Browns, and Swope Alley Project $50,076 $900,000 Total Estimated Fee $481,403 $7,475,000
The scope and estimated fees are broken out for each project separately below:

Scope of Work
Kimley-Horn will prepare the following work products:
2024 Roadway and Sanitary Sewer Improvements – CEQA
Clearance
It is anticipated that this series of projects would be eligible for a Class 2 CEQA exemption (Replacement or Reconstruction of existing facilities, CEQA Guidelines Section 15302).

A typical series of tasks to process an exemption include:
· Site visit and/or remote site analysis
· Prepare project description summary
· Characterize existing environmental conditions and surrounding uses · Provide qualitative/desktop review of potential environmental effects (note: depending on project and location, specific technical studies such as noise/vibration and construction air quality may be warranted and scoped separately)
· Document reasons and findings for the exemption using CEQA criteria · Prepare Notice of Exemption for filing by the Lead Agency (City) · Support City with limited project management and coordination F.8.a
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