A.4.c
Packet Pg. 183
Study and recommend on matters relating to the present and future need for services to be rendered to the general public. Study and recommend on matters relating to Parks and Recreation improvements, including methods of financing and MOU agreements.
Review and recommend on special permits and proposals that deviate from the adopted Parks and Recreation Master Plan.
Perform other related duties as directed by the City Council.
ARTICLE II - OFFICERS
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Titles: The officers of this Commission are Chairperson, Vice- Chairperson, and Executive Secretary.
Chairperson: The Chairperson will preside at meetings of the Commission.
Vice-Chairperson: In the absence of the Chairperson, the Vice- Chairperson will preside at meetings of the Commission. In the absence of both the Chairperson and the Vice-Chairperson, if enough commission members are present to constitute a quorum m (3), the members present shall designate an Acting Chairperson for the meeting.
Communication with Staff: Commission members are encouraged to communicate directly with the Recreation Services Manager regarding ideas, future plans, current activities, and problems at the Parks or Recreation divisions. All requests requiring utilization of staff time must be approved by the City Manager.
Executive Secretary: Th Recreation Services Manager is the Executive Secretary of the Commission and will carry out the administrative details of the Commission, including keeping the records of Commission meeting , acting as Secretary at all meetings of the Commission, recording all votes, preparing the agenda and minutes of Commission meetings, serving as technical advisor to the Commission, and at the direction of the City Manager providing necessary research and fact finding services.
Election of Officers: Annually, at the regularly scheduled June meeting, the Commission will elect from among its members a Chairperson and Vice- Chairperson to serve for a term of one year. These positions are limited to two consecutive terms of office.
Vacancy of Chairperson or Vice Chairperson: If the office of Chairperson or Vice-Chairperson becomes vacant, the Commission will elect a successor from its membership at the next regular meeting, and such election will be for the unexpired term of the office.
A.4.c
Packet Pg. 184
ARTICLE Ill - MEETINGS
Section 1. Meeting Time and Place: Regular Parks and Recreation Commission meetings are held at 6:00 P.M., on the last Tuesday of each month, in the Council Chambers of City Hall, 375 Fifth Street, Hollister, California.
Section 2. Alternate Meeting Times: Alternate meeting times and places are acceptable as long as public notice is given in accordance with the provisions of the Brown Act and other applicable laws.
Section 3. Meeting Cancellation: Meetings shall be cancelled if there is not sufficient business to discuss or if a quorum of the Commission cannot be present at the meeting.
Section 4. Special Meetings: Subject to the provisions of the Brown Act and other applicable laws, special meetings may be held. Only those matters listed in the notice of special meetings may be discussed at the meeting.
Section 5. Quorum: Three (3) Commissioners constitute a quorum for the transaction of business. Action shall require a simple majority vote of those present who are not excluded from voting.
Section 6. Order of Business: At the regular meetings of the Commission, business will be conducted in the following order:
a.Call to Order
b.Pledge of Allegiance
c.Roll Call
d.Verification of Agenda Posting
e.Approval of Minutes
f.Public Comment
g.Commission Business
h.Commissioner Comments
I.Adjournment
All official actions shall be entered in the minutes of each meeting as action minutes, said minutes to be prepared by the Secretary and shall be approved by the Commission at the next regular meeting.
Section 5. Manner of Voting: Voting on matters coming before the Commission will be by voice vote unless a roll call vote is requested by a Commission Member or the Executive Secretary.
A.4.c
Packet Pg. 185
Section 6. Rules of Order: Robert's Rules of Order will govern those aspects of Commission proceedings not specifically provided by these bylaws, the Brown Act or any other applicable state or local law.
Section 7. Setting of Agenda Items: Commission Members may submit items to be placed on the agenda. Requests must be given to the Executive Secretary five (5) business days prior to the meeting date.
Section 7.5 Public Comment: Any person wishing to speak on matters within the subject matter jurisdiction of the Commission must fill out a speaker's card prior to addressing the Commission.
Section 8 Agenda: An agenda will be prepared by the Executive Secretary and will be adhered to with the exception that items may b taken out of order for the convenience of those in attendance. The agenda will be posted and distributed to interested parties at least 72 hours in adv ance of all regular Commission meetings.
The Hollister Parks and Recreation Advisory Commission will operate its meeting pursuant to the Ralph M. Brown Ac, Government Code 54950 et seq., and 54954.2 (b) (1) and (2) agenda requirements; Regular meetings (b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item. (1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5. (2) Upon a determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to ta e immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).
ARTICLE IV - AMENDMENTS TO BYLAWS
Section 1. Procedure: The bylaws may be amended by the Commission with such request approved by a majority of the Commission at a regular or special meeting provided that written notice of such amendment was given to Commissioners at least three (3) days prior to the meeting. A proposed bylaw amendment shall be introduced at one meeting and voted on at subsequent meetings.
A.4.c
Packet Pg. 186
: l I I I I ! LJ
PLANNING COMMISSION RESOLUTION NO. PC 2019-1
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER
RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF PLANNING
COMMISSION BYLAWS
WHEREAS, the conduct of the Planning Commission meetings is governed by both state and local law; and,
WHEREAS, it is the intent of the Planning Commission to adopt bylaws which reflect current law and City practice.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends to the City Council the adoption of the Planning Commission Bylaws, as attached and made part of this resolution as Exhibit A, which shall govern the conduct of business by the Planning Commission.
PASSED AND ADOPTED by the Planning Commission of the City of Hollister at a special meeting of the City of Hollister Planning Commission held on this I 7'h day of January 2019 by the following vote:
AYES:
NOES:
Henderson, Stephens, Muenzer, Huboi
None
ABSTAIN: None
ABSENT: None
ATTEST:
Bryan T. Swanson, Secretary
Chair of the Planning
City of Hollister
A.4.d
Packet Pg. 187
PC Resolution 2019-1
Planning Commission Bylaws
EXHIBIT A:
CITY OF HOLLISTER PLANNING COMMISSION
BYLAWS
1 THE COMMISSION.
I. I Name. The name of this body is the "City of HolJister Planning Commission".
1.2 Composition. The Planning Commission shall be composed of five (5) members. Each member of the City Council shall nominate one member of the Planning Commission from their representative District subject to the approval of the City Council. The Mayor may appoint a member of the Planning Commission from any District, subject to the approval of the City Council.
1.3 Term of Office.
1.3. J The term of office of the members of the Planning Commission appointed by individual Council Member shall be the same as the term of the appointing Council Member, and thereafter until their successors have been duly selected and assume office. Any vacancy by in the membership of the city planning commission shall be filled by a nomination from the Council Member whose district the member represents.
Applicants from another district may be appointed if there are no applicants from the Council Member's district. Any vacancy by a member appointed at large shall be filled by a nomination of the mayor. All nominations for appointment are subject to the approval of the City Council.
1.3.2 Each Commission member serves at the pleasure of the Council Member who appointed them and the Commission Member may be removed at any time, with or without cause.
1.3.3 Attendance Policy: Commissioners are expected to attend all meetings of the Planning Commission. Attendance and ongoing participation are critical to the commission's success. Any member of the Commission who has two (2) unexcused absences during a regular meeting, special meeting, or commission sanctioned events within one calendar year shall constitute an automatic resignation. Attendance records shall be kept and members shall be informed by letter when he or she has reached two absences from regular meetings, special meetings, or commission sanctioned events. Absences will be deemed as excused and recorded in the PC minutes if the Chairperson or City Staff is notified of the Commissioner's absence.
A.4.d
Packet Pg. 188
,-l
.._J
2 OFFICERS.
2.1 Titles. The officers of this Commission are Chairperson, Vice-Chairperson, and Executive Secretary.
2.2 Chairperson. The Chairperson shall be the presiding officer at all meetings of the Planning Commission.
2.3 Vice Chairperson. In the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of both the Chairperson and Vice Chairperson, the Secretary shall preside temporarily and shall immediately call for the Commission to elect one of their numbers as a temporary presiding officer to serve until the arrival of the Chairperson or Vice Chairperson or until adjournment, whichever first occurs. A temporary presiding officer so elected shall be referred to by the Commission, City Staff, and the public as "Mister Chairperson" or "Madame Chairperson" as appropriate to gender.
2.4 Executive Secretary. The Development Services Director is the Executive Secretary of the Commission and will carry out the administrative details of the Commission, including keeping the records of Commission meetings, acting as Secretary at all meetings or the Commission, recording all votes, preparing the agenda and minutes of the Commission meetings, serving as technical advisor to the Commission, and at the direction of the City Manager, providing necessary research and fact finding services.
2.5 Selection of Chairperson and Vice Chairperson.
2.5.1 Election of Officers. Each year at its first regular meeting in January, the Planning Commission shall elect from among its members a Chairperson and a Vice Chairperson to serve for a term of one year. The new Chairperson and Vice Chairperson shall be installed and sworn in immediately following their selection. These· positions are limited to two consecutive terms of office.
2.5.2 Term of Office. The Chairperson and Vice Chairperson shall serve until the next meeting scheduled for selection of those offices, and thereafter until their succ essors have been duly selected and assume office.
2.5.3 Vacancy of Chairperson or Vice Chairperson. If the office of Chairperson or Vice Chairperson becomes vacant, the Commission will elect a successor from its membership at the next regular meeting, and such election will be for the unexpired term of the office.
2.6 Presiding Officer.
2.6.1 Participation of Presiding Officer. The presiding officer (except the Secretary, when acting as presiding officer) may move, second, and debate from the chair, subject only A.4.d
Packet Pg. 189
to such limitations of debate as are imposed on all Commission members., The presiding officer shall not be deprived of any of the rights and privileges of a Commission member by reason of acting as presiding officer.
2.6.2 Question to Be Stated. The presiding officer should restate or cause to be restated each question immediately prior to Commission debate and discussion and again prior to calling for the vote. Following the vote, the presiding officer should announce whether the question carried or was defeated and the vote totals. Before proceeding to the next item of business, the presiding officer may also state the effect of the vote for the benefit of the audience.
2.6.3 Rulings of Presiding Officer Final Unless Overruled by Commission. In presiding over Planning Commission meetings, the presiding officer shall, with due consultation with the City Attorney, decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Commission members present and voting and shall be binding and legally effective ( even if clearly erroneous) for purposes of the matter under consideration.
3 MEETINGS.
3.1 Regular Meetings.
3.l. l Time and Place. Regular meetings of the Planning Commission shall be held on the fourth Thursday of each month at 6:00 p.m. in the City Council Chambers of City Hall or such other time and place as shall be specified by the Planning Commission.
3.1.2 Agenda.
3.1.2.1 Agenda Items. The Secretary to the Planning Commission determines which items are placed on the agenda and the timing for scheduling such items. Any member of the Planning Commission may request to have an item placed on an agenda.
3.1.2.2 Changes in Agenda. Except with the consent of the majority of the Planning Commission, items shall not be taken out of the prescribed order. No matters other than those listed on the agenda shall be acted upon by the Planning Commission except as pennitted under applicable state law.
3.1.2.3 Delivery and Posting of Agenda. Barring insurmountable difficulties, the agenda for each regular meeting of the Planning Commission, and reports and other documentation related thereto, shall be delivered to the Commissioners and made available to the public no later than seventy-two hours preceding the meeting to which the agenda pertains. The agenda shall conform to, and be posted in accordance with, applicable requirements of the California A.4.d
Packet Pg. 190
r ' t i i ;
,---!
! i L_J
LJ
3.2 3.3
Page5 ofl8
Government Code. Agendas shall be posted at least 72 hours prior to the time scheduled for the meeting on the bulletin board outside City Hall and at such other places within the City as has been designated for posting notices of Planning Commission meetings.
Adjourned Meetings. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened.
Study Sessions.
3.3.1 Notice and Agenda A study session is a meeting of the Planning Commission, provided a quorum is present. Regular study sessions shall be noticed, agendized, and conducted in compliance with state laws governing regular meetings of the Planning Commission. Special study sessions may be calJed in accordance with the procedures for special meetings of the Planning Commission and shall be noticed, agendized, and conducted in accordance with state law governing special meetings. 3 .3 .2 Lack of Quorum. In the event that a quorum is lacking for a study session, the meeting may proceed as a briefing at the request of the commissioners present, but shall not be considered a meeting of the Planning Commission, and no minutes shall be kept and no direction shall be given to staff by majority consent except to place an item on a future agenda. The proceedings shall continue to be open to the public, public comments shall be taken as for regular study sessions, and all other rights of the public with respect to Planning Commission meetings shall be observed.
3.3.3 Limited Actions. Notwithstanding that a study session is a meeting of the Planning Commission, the Commission by these rules has determined that study sessions are limited purpose meetings and that no formal vote or final action of the Planning Commission shall be taken, unless specifically noted on the agenda. The commissioners may individually express their opinions and ask questions concerning a study session item, and may, by majority consent, give general direction to staff concerning further action to be taken prior to formal consideration of the item, but any final action or formal motions or vote required to effect Commission approval or denial shall take place at a regular Commission meeting. However, commissioners shall not express opinions, nor give directions to staff indicative of any opinions, regarding the approval, disapproval, granting or denial of any item for which a subsequent public hearing will be required prior to final action.
3.3.4 Time and Place. Study sessions may be held at a time or place determined by the Planning Commission if noticed and agendized as a special meeting and designated as a study session. A special meeting designated as a study session shall be subject to Section 1.4.
A.4.d
Packet Pg. 191
3.4 Special Meetings.
3.4.1 Notice. The Chairperson or a majority of the members of the Commission may call special meetings of the Planning Commission upon not less than 24 hours' notice and in accordance with Section 54956 of the California Government Code, and other applicable state statutes, as amended from time to time.
3.4.2 Matters Considered. Only matters contained in the notice of the special meeting may be considered.
3.4.3 Public Input. Public input is limited to those items listed on the special meeting agenda.
3.5 Special Joint Meetings.
3.5.1 Calling of Meeting. Special Joint Meetings of the Planning Commission and the City Council or other planning agencies (other than those whose governing boards are comprised of the City Council members) may be called and noticed in accordance with the rules for calling special meetings.
3.5.2 Rules of Procedure. The rules of procedure governing such joint meetings shall be agreed to by the Commission Chairperson and Mayor or the chairperson of the other planning agency. All rules and agenda formats shall conform to all applicable state and city laws and regulations .
3.6 Closed Sessions. Closed sessions are regulated pursuant to the Brown Act. No member of the Commission, employee of the City, or anyone else present shall disclose or mention to any person the content or substance of any discussion which takes place in a closed session, or information contained in confidential materials. All written materials and verbal information regarding closed session items or that are provided in connection with closed session matters, such as litigation, shall remain confidential to ensure that the City's position is not compromised. All public statements, informatio� and press releases relating to closed session items shall be handled by the designated staff spokesperson. 4 REGULAR MEETING AGENDA/ORDER OF BUSINESS
4.1 Call to Order. The Chairperson (generally referred to as ''the presiding officer") shall call the meeting to order as soon as a majority of the Planning Commission is present but no sooner than the time the meeting has been posted to commence. If the Chairperson or the Vice Chairperson is not present, the Secretary to the Commission shall call the meeting to order and shall immediately call for the selection of a temporary presiding officer.
4.2 Pledge of Allegiance. The presiding officer shall designate any individual at the meeting to lead the Planning Commission, staff, and the public in reciting the Pledge of Allegiance to the United States flag.
A.4.d
Packet Pg. 192
,.----, I ; i
Page7 of 18
4.3 Roll Call. The Secretary to the Commission shall take a verbal roll call of all commissioners present at the meeting immediately after the Chairperson calls the meeting to order and the names of those present !illd absent shall be entered in the minutes. The order of roll call shall be left to right, except that the Chairperson shall be called last. If a majority of the Planning Commission is present, the presiding officer shall declare for the record that a quorum is present.
4.4 Verification of Agenda Posting; The Secretary to the Commission shall verify that the agenda was posted at the time and in the manner required by law.
4.5 Minutes. Minutes of previous meetings wilJ be agendized for approval by the commissioners.
4.6 Petitions, Remonstrances and Communications.
4.6. l Public Input. The public shall have an opportunity to directly address the Planning Commission on any item of interest to the public that is not on the agenda but is within the subject matter jurisdiction of the Planning Commission. Persons wishing to address the Planning Commission shall complete a Speaker's Card and give it to the Secretary to the Commission prior to addressing the Commission. When called by the presiding officer, speakers shall identify themselves at the podium by name for the record. Each speaker shall be entitled to speak during the public input period for a total of three (3) minutes, unless further time is granted by the Planning Commission. In cases where it appears that a large number of persons desire to address the Commission on one subject, the presiding officer may limit public comments on any one subject to an aggi:egate of 15 minutes.
4.6.2 Commissioner Responses. The Planning Commission is prohibited by state law from discussing or taking action on any item not appearing on the agenda unless the action is otherwise authorized by law. However, after being recognized by the presiding officer, commissioners may "briefly respond" to comments or questions from members of the public, ask a question for clarification, refer to staff for factual information, direct staff to report back at a subsequent meeting or direct staff to place the issue on a future agenda. Any statement or response offered by a commissioner during this portion of the agenda shall be deemed to express the individual position or opinion of the commissioner offering the same, and shall not be construed to bind the Planning Commission or the City in any manner.
4.6.3 Limitations on Public Comments. The making of oral communications to the Planning Commission by any member of the public during the "public comments" portions of the agenda shall be subject to the following limitations. These limitations shall apply in circumstances where the presiding officer is aware or is informed by the Secretary to the Commission or other staff member that they apply.
A.4.d
Packet Pg. 193
4.6.3. l Issues pending before other bodies. No speaker shall be pennitted to address the Planning Commission on a topic which is currently before or about to be submitted for consideration by the City Council or another commission or legislative body at a public hearing before which the speaker should make his or her presentation, until that latter body has completed its deliberations and taken its final action.
4.6.3.2 Public hearing. No speaker shall be permitted to address the Planning Commission on a topic that is scheduled to be heard and determined by the Commission in a public hearing at a subsequent time. Any speaker indicating a desire to speak on such a matter shall be informed of the date, time, and place of the hearing and directed to make comments during the public testimony portion of the public hearing, or, alternatively, to submit comments in writing and request that they be included in the record of such hearing.
4.6.3.3 Issues subject to appeal. Where an appeal to the Planning Commission is or may become available to the speaker, no public comments shall be taken on the subject outside of the appeal hearing. Rather, the presiding officer should direct the person to follow the appeal procedure and present comments and evidence in the appeal hearing.
4.7 Public Hearings. Legislative vs. Quasi-Judicial. The majority of Public Hearings involve adjudicative or quasi-judicial decisions, as opposed to legislative decisions. A legislative act is the formulation of a rule which is to be applied in all future cases. An adjudicative or quasi judicial act involves the actual application of such a rule to a specific set of existing facts.
Generally, quasi-judicial public hearings are those involving a request for an exception to be made to a City ordinance or policy or those involving an appeal of the application or interpretation of a particular ordinance or policy to a specific property, individual, interest or situation. These hearings often involve land use matters. They require procedural due process including notice and opportunity to be heard. A quasi-judicial public hearing requires the Planning Commission to make specific factual findings, based upon the evidence and testimony presented to the Commission.
4.7.1 Order of Proceedings. Generally, public hearings shall be conducted in the following order: Staff review and report; questions of staff by Planning Commission; hearing opened by Chairperson; presentation by proponent, applicant, or appellant; questions of proponent, applicant, or appellant by Commission or staff; public testimony; rebuttal by proponent, applicant, or appellant if desired; hearing closed; questions by Planning Commission; discussion by Commission; action by Planning Commission.
4.7.2 Public Testimony.
4.7.2.1 Time Limits. Questions, comments, and testimony from the public shall be limited to the subject under consideration. Depending upon the extent of the A.4.d
Packet Pg. 194
f 1 : i I /
Page9of18
agenda, and the number of persons desiring to speak on an issue, the presiding officer may, at the beginning of the hearing, limit testimony from the public, but in no event to more than five (5) minutes per individual. Any person may speak for a longer period of time, upon approval of the Planning Commission, when this is deemed necessary in such cases as when a person is speaking as a representative of a group or has graphic or slide presentations requiring more time.
4. 7 .2.2 Testimony After Closure of Hearing. Once the hearing has been closed, no additional public testimony will be taken without a majority vote of the Planning Commission to reopen the hearing, even in cases where the item is continued to a future date for Commission consideration. However, after the hearing has been closed, the Commission may direct questions to the applicant or any either person who has testified during the hearing, and receive their answers, which shall be deemed to be part of the record of testimony at the hearing. In the event that public testimony is reopened to allow additional information or additional speakers, the proponent, applicant or appellant shall be permitted a reasonable time for rebuttal. Any request for reopening of the hearing shall be submitted in writing to the Secretary to the Commission, who shall deliver it to the presiding officer in a manner calculated to be least disruptive to any proceedings under way.
4.7.3 Written Testimony. Testimony submitted in written form shall be added to the record of the hearing.
4. 7.4 Testimony Under Oath. In any hearing before the Planning Commission, notice of which is to be published or posted, if the Planning Commission or any member there of, or a proponent or opponent of the matter, requests that any or all participants in the proceedings testify under oath or affirmation (under penalty of perjury), the making of such request shall be set forth in the notice of hearing. Additionally, the noti ce of hearing shall state that the giving of testimony under oath or affirmation shall be voluntary as to each person wishing to be heard in the matter, and that any persons having a question or concern regarding the giving of testimony under oath or affirmation should consult an attorney of their own choosing and at their own expense.
Each person testifying under oath or affirmation in any such proceeding shall, before so testifying, state on the record agreement to testify under oath or affirmation in the matter and having had an opportunity to choose and to consult with an attorney in respect thereto. Testimony submitted in written form shall be included as part of the record of the hearing if it is made under penalty of perjury. Upon request to the Secretary to the Commission, each Commissioner will receive sufficient notice prior to the time of publishing or posting of any hearing notice in order to make such a request.
4.7.5 Absent Commissioner. If a decision is to be rendered at a meeting other than the meeting during which the public hearing took place, a Commissioner who is absent A.4.d
Packet Pg. 195
during the public hearing shall not participate in the decision unless the Commissioner has listened to or watched a tape of the entire public hearing.
4.7.6 Fair Hearing. Commissioners may discuss with any member of the public or listen to discussion of the facts of any quasi-judicial matter while such matter is pending before the Commission, if the following guidelines are followed. (Matters involving pennits are pending before the commission when an application for a permit has been filed with the appropriate City department; otherwise a matter is pending when the appropriate notice of appeal has been filed.)
4.7.6.1 The fact of such discussions, and any content of such discussion which is germane to the pending matter, shall be disclosed on the record at the beginning of the public hearing prior to the taking of any statements from the public or permit applicants.
4. 7 .6.2 Commissioners may attend noticed public hearings before other boards and commissions but should not comment or engage in any discussion at such hearings. Information and evidence gained by Commissioners via their attendance at noticed public hearings before other boards and commissions need not be disclosed at later Commission consideration of the same or related matter.
4.7.6.3 Commissioners may visit sites and properties that are the subject of pending proceedings, as long as the fact of such visits and any observations which are germane to the subject matter of the proceeding are disclosed on the record at the beginning of the public hearing prior to the taking of any statements from the public or permit applicants.
4.8 Reports of Commissioners. A Commissioner may, during the time for reports and comments, report on activities representing the Commission before other governmental agencies and at public events. Each Commissioner may also bring to the Commission's attention any item of new business under this portion of the agenda. Action on any matter of business not listed on the agenda shall be deferred until properly listed on the agenda for a subsequent Planning Commission meeting unless properly added to the agenda due to a need for immediate action pursuant to state law. If a Commissioner requests that an item be added to a future agenda, the Planning Commission shall give direction to staff as to whether the matter should be placed on the agenda for a regular Council meeting, a study session, or a special meeting. 5 PUBLIC COMENTS AND ADDRESSING THE COMMISSION
5.1 Manner of Addressing the Planning Commission.
5.1.1 Speaker Cards. Any member of the public desiring to address the Planning Commission shall fill out and present a speaker card to the Secretary prior to the A.4.d
Packet Pg. 196
( ' ! it i
5.1.2 5.1.3
5.1.4
presiding officer calling the item of business which the person desires to address, and when called by the presiding officer, shall proceed to the podium. After being recognized, the individual shall state the individual's name for the record.
Address Presiding Officer. All remarks and questions shall be addressed to the presiding officer or to the Planning Commission and not to any individual Commissioner, staff member, or other person. No person shall enter into any discussion without being recognized by the presiding officer. It shall be the presiding officer's prerog ative to determine the order of speakers on any agenda or non-agenda items, except to the extent that the order of speakers is determined by other policies.
Subject Under Discussion. During public comments on matters on the agenda and public hearings, all remarks shall be limited to the subject under consideration.
Addressing the City Council after the public comment period. After the pub lic comment period has been concluded for any item, no member of the public shall address the Planning Commission on that item without first securing permission from a majority of the Commission.
5.1.5 Repetitious and Irrelevant Commentary. Irrespective of any time limits, the presiding officer may regulate or terminate the comments of a speaker when the presiding officer reasonably determines that the speaker is being unduly repetitious or engaging in extended discussion of irrelevancies. The presiding officer shall first issue a warning to the speaker and explain the reasons for the warning prior to terminating the speaker's time.
5.1.6 Multiple Speakers. If it appears that several speakers desire to speak regarding a single topic, the presiding officer may reasonably limit the number speaking as to each side of an issue. Preference may be given to speakers who represent groups of persons who have designated a spokesperson. In the presiding officer's discretion, if beneficial to the Com·mission' s understanding of an issue or more efficient in conducting Planning Commission business, the presiding officer may, but shall not be required to, allow grouping of speakers into a coordinated presentation.
5.2 Written Correspondence
5.2.1 Included in Agenda Packet. Any written communication relating to a matter pending, or to be brought before the Planning Commission shall, whenever possible, be included in the agenda packet for the meeting at which such item is to be considered. If received after the delivery of the agenda packet, it shall be distributed to all persons receiving the agenda packet and all others requesting such information as soon as practicable after receipt.
A.4.d
Packet Pg. 197
5.2.2 Letters of Appeal. Letters of appeal from administrative or commission decisions shall be processed under applicable provisions of the municipal code, or other ordinances.
5.2.3 Written Public Comments. Public comments submitted in written form shall be copied and distributed to all members of the Planning Commission, the Secretary to the Commission, the Planning Manager, and the City Attorney.
5.3 Persons Authorized to Be Within Platform Area. While the Planning Commission is in session, no person except City officials shall be permitted within the area of the Council Chambers forward of the speaker's podium without the invitation or consent of the presiding officer.
5.4 Public Comments at Regular and Adjourned Regular Meetings.
5.4. l Public Comments on Matters not on the Agenda -see Section 4.6 above.
5.4.2 Public Comments On Matters on the Agenda. Public comments shall be taken as to each item as the presiding officer calls that item for consideration. Each member of the public requesting to speak shall be allowed three (3) minutes to complete comments.
5.4.3 Public Comments at Special Meetings. At special meetings of the Planning Commission, no public comments will be taken on matters not on the agenda. Public comments on matters on the agenda shall be taken as to each item as the presiding officer calls that item for consideration. However, with respect to special joint meetings with the City Council or other planning agencies, public comments on matters on the agenda shall be taken irt any manner consistent with state law and agreed to under Section 1.5 above. Each member of the public requesting to speak shall be allowed three (3) minutes to complete comments.
5.4.4 Public Comments at Study Sessions. A public comment period, entitled "Public Comments on Matters Either on the Agenda or not on the Agenda Under the Jurisdiction of the City Council" shall be included as part of the study session agenda.
Such public comments shall be taken prior to the Commission taking up any business items. A limit of three (3) minutes shall be imposed upon each person so desiring to address the Council during the public comment period.
5.4.5 Public Comments on Matters on Closed Session Agendas. The public shall be permitted to make comments on matters on the closed session agendas prior to the holding of each closed session in accordance with state law. Each speaker shall be limited to three (3) minutes.
6 CONDUCTING BUSINESS AT MEETINGS
6.1 Notice of Meetings. Notice of regular meetings, special meetings, study sessions and adjourned meetings shall be given in accordance with state law. Notice of all meetings shall be posted as A.4.d
Packet Pg. 198
I
r
f l l
6.2
required by state law at the same locations where City Council notices are posted. Inadvertent failure of the Secretary to post notice at that location shall not invalidate any meeting so long as the posting actually done by or under the direction of the Secretary complies with state law for posted notices.
Quorum and Required Majorities.
6.2.1 Majority Quorum and Majority Vote. Unless otherwise provided for in the Municipal Code or by state law, a majority of the Planning Commission shall be a quorum sufficient to do business. Regardless of the number of commission members attending, a motion will pass only if at least 3 yes votes are given.
6.2.2 Emergency Items. Discussion and action on an item not appearing on the posted agenda of regular meetings, regular study sessions, and closed sessions may occur if an emergency situation as defined in California Government Code Section 54956.5 is determined to exist by a majority vote of the Commission.
6.2.3 Need For Immediate Action. Discussion and action on an item not appearing on the posted agenda may occur if the legislative body determines by a two-thirds vote of the members of the legislative body present at the meeting (or a unanimous vote if less than two-thirds of the members are present) that there is both: a) the need to talce action immediately, and; b) that the need for action came to the attention of responsible officers of the City after the agenda was posted.
6.3 Legally Required Participation. If a majority of the Planning Commission is disqualified to vote on a matter by reason of a conflict of interest, the Commission shall select by lot or other means of random selection, or by such other impartial and equitable means as the Commission shall deteniline, that number of its disqualified members which, when added to the members elig ible to vote, shall constitute a quorum. Any disqualified member so chosen shall not participate in any discussion of the item and shall participate in voting only to the minimum extent required for a lawful and legal decision.
6.4 Conclusion of Meetings. The Commission shall endeavor to adjourn all regular, adjourned or special meetings of the Planning Commission, including study sessions, at 10:00 p.m. or as soon thereafter as any matter then being considered is concluded. The Commission may, by motion and majority vote, continue the meeting after such time. However, continuing the meeting after such time without such motion or vote shall not invalidate any action talcen. 7 RULES, DECORUM, AND ORDER
7.1 Maintenance of Order. The presiding officer is responsible for the maintenance of order and decorum at all times.
A.4.d
Packet Pg. 199
7.2 Points of Order. The presiding officer shall determine all points of order subject to appeal to the Planning Commission. If any appeal is taken, the question shall be "Shall the decision of the presiding officer be sustained" in which event a majority vote shall govern and conclusively determine such question of order.
7 .3 Language. All Commission members, staff members, and members of the public should speak respectfully and avoid the use of profanity, vulgarity and slanderous comments. The presiding officer shall use his or her best efforts, short of enforcement action, to remind and encourage all participating in the meeting to keep their speech respectful towards others and within bounds appropriate for children and persons of sensitivity toward coarse language as a courtesy to others present or otherwise viewing Commission meetings.
7.3.1 Disruption of Meeting. No person who addresses the Commission shall make any belligerent, personal, impertinent, irrelevant, redundant, slanderous, loud, threatening, abusive or disparaging remark, statement or commentary toward the Commission, staff, or other individuals in a manner which disrupts, disturbs, or otherwise impedes the orderly conduct of the Commission meeting, nor shall any person engage in any other disorderly conduct which so disrupts, disturbs or impedes the orderly conduct of the meeting. Any violation of this rule shall be grounds for terminating the citizen's comment period. Continued inappropriate behavior or comments, after having been directed to discontinue, shall be grounds for removal from the meeting. Commission members shall not be belligerent or make disparaging commentary toward the speaker.
The presiding officer may call for a short recess should a member of the public become disruptive or agitated so as to interfere with the normal conduct of business. Nothing in this section shall prohibit or discourage orderly criticism of any City decision or policy within the limits of these rules.
7.3.2 Clearing the Room; As set forth in Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting infeasible and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer of the Planning Commission may order the meeting room cleared and continue in session.
Only matters appearing on the agenda may be considered in such a session. Duly accredited representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this section.
Nothing in this section shall prohibit the Planning Commission from establishing a procedure for readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
7 .4 Decorum and Order -Commission Members.
7.4.1 Manner of Speaking. Any Commissioner desiring to speak shall first address the presiding officer. Upon recognition by the presiding officer, the Commissioner shall speak only to the question under debate.
A.4.d
Packet Pg. 200
r l
r l_ J
r ' ' I ' '! ! ! iLJ
7.4.2 Questioning Staff. A Commissioner desiring to question the staff should address his or her question to the Planning Manager, or, in appropriate cases, to the Secretary or City Attorney, who shall be entitled either to answer the inquiry or to designate some staff member for that purpose. Such a designation may be made at the time of any staff presentation or on the agenda listing for the item.
7.4.3 Interruptions. Once recognized, a Commissioner shall not be interrupted while speaking unless called to order by the presiding officer, or unless a point of order is raised by another Commissioner, or unless the speaker chooses to yield to questions from another Commissioner.
7.4.4 Limitation of Debate. No Commissioner shall speak for more than five (5) minutes each time that member has the floor, without the approval of a majority vote of the Planning Commission. No Commissioner normally should speak more than once upon any one subject until every other member choosing to speak thereon has spoken. The five-minute limit set forth herein shall not apply to remarks by a Commissioner under Reports of Commission.
7 .4.5 Dissents, Protests, and Comments. Any Commissioner shall have the right to express dissent from, or protest to, or comment upon, any action of the Planning Commission and have the reason entered in the minutes. If such dissent, protest or comment is desired to be entered in the minutes, this should be made clear by language such as, "I would like the minutes to show that I am opposed to this action for the following reasons ... "
7.4.6 Commissioner Conduct. Members of the Commission shall not engage in debate with a member of the public at Planning Commission meetings since these debates seldom resolve concerns and many times inflame feelings at a public meeting. Commissioners are expected to interact with one another with mutual respect and courtesy. Derogatory, snappy, or sarcastic comments towards another Commissioner or a member of the public are inappropriate. Commissioners shall treat city employees with courtesy and respect. If a Commissioner is concerned or has a question about an employee's performance, the matter should be addressed through the city manager. Commissioners shall refrain from publicly criticizing the conduct or performance of a particular employee.
7.4. 7 Representing Majority Decision vs. Individual Opinion. If a member of the Planning Commission appears before another governmental agency or organization to give a statement on an issue affecting the City, the Commissioner should first indicate any majority position and opinion of the Commission. Personal opinions and comments may be expressed only if the Commissioner clarifies that these statements do not represent the positi{,)n of the Planning Commission.
A.4.d
Packet Pg. 201
7.5 Decorum and Order -Members of the Public. Members of the audience shall not address the Commission, the presiding officer, the staff or other members of the public except during public comment periods. When a member of the audience has important information, answers to questions raised during Commission deliberations, or new evidence for Commission consideration after the closing of the public comment period applicable to that item, the member of the public shall request to be recognized by the presiding officer by means of a speaker form submitted to the Secretary, or by silently standing or raising a hand. Persons unable to stand or raise a hand may use such other means, including speaking out loud, if necessary, as are reasonably calculated to attract the attention of the presiding officer with the least disruption to the proceedings. The presiding officer shall have discretion to deny the request or briefly question the person regarding the general nature of the information held by the audience member, or the relevance and importance of the information. If the presiding officer deems the answers to such questions worthy of Commission consideration, the presiding officer shall ask for the Commission to indicate, by majority consent, whether they wish to hear and consider the comments.
7.6 Decorum and Order -Employees. The City Manager shall insure that all city employees observe proper rules of decorum. Any staff members, including the City Manager, desiring to address the Planning Commission or members of the public shall first be recognized by the presiding officer. All remarks shall be addressed to the presiding officer or to the Planning Commission and not to any one individual Commissioner or member of the public.
7.7 Conflict oflnterest and Disclosure.
7.7.1 Applicable Law. All Commission members are subject to the provisions of conflicts of interest codes adopted by the City Council, and California law governing conflicts of interest, including, but not limited to, the Political Reform Act (Chapter 7, Title 9, of the California Government Code, Section 87100, et seq.,) and regulations adopted pursuant thereto; Government Code section 1090 relating to the making of contracts; and the common law doctrine against conflicts of interest.
7.7.1.1 The Political Reform Act. The Political Reform Act ("PRA") prohibits public officials from making, participating in, or in any way attempting to use their official position to influence a governmental decision in which they know or have reason to know they have a financial interest. The definition of who is a public official, what constitutes a governmental decision and a financial interest, and the requirements of disclosure and disqualification, are contained in regulations adopted by the Fair Political Practices Commission.
7.7.1.2 Government Code Section 1090. City officers and employees are prohibited under Government Code section 1090 from having financial interests in contracts made by them or by any board or body of which they are members.
A.4.d
Packet Pg. 202
7.7.2 Page17 of18
7.7.1.3 Common Law Doctrine Against Conflicts of Interest. The common law doctrine against conflicts of interest is the judicial expression of the public policy against public officials using their official positions for private benefit.
This doctrine requires public officials to abstain from participating in cases where the public official's private financial interest may conflict with his or her official duties.
No Participation. Any Commissioner prevented from voting because of a conflict of interest shall refrain from any participation with respect to that item, including but not limited to questions, comments, debate, and voting. Such Commissioner shall leave the Council Chambers during debate and voting on the issue. 8 PARLIAMENTARY AND VOTING PROCEDURE
8.1 Parliamentary Procedure. The purpose of parliamentary rules of procedure is to expedite the transaction of City business in an orderly fashion. All procedural matters not othe rwise provided for in or controlled by state law or by any ordinance, resolution, rule or regulation of the City, shall be governed by Rosenberg's Rules of Order (League of California Cities 2003).
A copy of said Rules shall be maintained on file in the Office of the City Clerk. However, no ordinance, resolution, or other action of the Planning Commission shall be invalidated or the legality thereof otherwise affected by the failure or omission of the Commissioners to observe or follow such rules. It is the intent of the Planning Commission not to become entangled over parliamentary procedure. Issues relating to the conduct of a meeting are determined by the Chairperson, subject to appeal to the full Commission.
8.2 Motions. A motion is the way that business is conducted by a group under parliamentary procedure. It is a proposal that an individual would like the group to consider and act upon. The steps in making, discussing and voting on a motion are as follows: The maker of the motion asks for recognition by the presiding officer. After the individual is recognized, he or she will say "I move that we ... " The presiding officer will ask if there is a second. Another member of the group should second the motion in order for it to be discussed. A second is made by sayi ng "I second the motion." The presiding officer then restates the motion. "It has been moved and seconded that ... " The item is then open to discussion by the Commission. The presiding officer may make or second a motion.
8.2.1 Discussion. The presiding officer will recognize members who wish to comment on the motion. Only one motion may be discussed at a time. It is important that all members of the group are clear on what the motion is and what its effect will be. Spirited discussion helps to answer questions and explore different interpretations or impacts of the motion. At the end of the discussion period, the presiding officer will ask how many members are in support of the motion, how many are opposed and if there are any abstentions. A majority vote is needed for the motion to pass.
A.4.d
Packet Pg. 203
8.2.2 Common Motions. Other common motions include: Amending a motion -"I move to amend the motion by ... "; Delaying consideration -I move to table the motion until ... "; Closing debate-"I move the previous question ... "; Requesting more study -"I move to refer this to (staff or subcommittee) for further study ... "; Objecting to procedure - "Point of order."
8.3 Voting Procedure. In acting upon every motion, the vote shall be taken by voice or roll call or any other method by which the vote of each Commissioner present can be clearly ascertained.
The vote on each motion shall then be entered in full upon the record. The secretary shall call the names of all members seated when a roll call vote is ordered or required. The presiding officer shall be called last. Members shall respond "yes," "no," or "abstain." Unless a Commissioner at any Planning Commission meeting states that he or she is not voting, the member's silence shall be recorded as an affirmative vote.
8.4 Roll Call Voting. A roll call vote shall not be required unless requested by any Commissioner.
The purpose of a roll call vote is not to allow members to explain their votes during roll call.
Commissioners may change their votes before the next order of business is called.
8.5 Abstentions Discouraged. Every Commissioner should vote "yes" or "no" on each item unless disqualified for cause.
8.6 Reconsideration. Any Commissioner who voted with the majority may move for reconsideration of the action but only at the same meeting. The motion may be seconded by any Commissioner.
8. 7 Tie Votes. Tie votes shall be lost motions. When all Commissioners are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Planning Commission takes other action to further consider the matter. If a tie vote results at a time when less than all members of the Planning Commission are present, the matter shall automatically be continued to the agenda of the next regular meeting of the Planning Commi ssion, unless otherwise ordered by the Commission.
A.4.d
Packet Pg. 204
Youth Committee By-Laws
CITY OF HOLLISTER
YOUTH COMMITTEE
BYLAWS
SECTION 1. Powers and duties.
The Youth Committee (Committee) shall be advisory to the City Council (Council) and shall have the following powers and duties:
1.Provide the Council with advice about the youth of Hollister.
2.Study problems, activities and concerns of the youth; hold forums on these problems, and recommend community programs to the Council which the Committee finds are needed and/or desirable.
3.Involve the youth of the community; develop events and activities that connect youth with their community.
4.Work with other committees, boards, Committees and the Council in providing input on youth issues in the community.
5.Research and advise the Council on local and state legislation affecting youth and provide local youth with information about issues in their city government that pertain to them.
6.Annually, determine the Committee’s goals and objectives and report these to the Council.
SECTION 2. Membership.
1.Any person who lives within the jurisdictional boundaries of the City of Hollister and who is between 12-18 years of age at appointment will be eligible for membership on the Committee.
2.There will be five (5) members of the Committee. They shall be appointed by the City Council of the City of Hollister.
3.Selection of the Committee’s founding members will be made by the City Council upon recommendations of the Youth Sub Committee.
4.Youth Sub Committee’s shall review the list of applicants for Committee positions, conduct interviews, and nominate a slate of candidates for appointment. The founding nominating committee shall also provide a list of alternates in the event of a vacancy on the Committee.
5.In appointing members of the Committee, every effort will be made to consciously consider ethnicity, gender, school grade and geographical residence in an attempt to more fully represent all segments of youth population.
6.Terms of appointments to the Committee shall be for a term of two (2) years. A Committee member shall not serve more than three (3) consecutive full terms.
7.Vacancies on the Committee during the year shall be filled for the unexpired term by appointment of the City Council.
A.4.e
Packet Pg. 205
Youth Committee By-Laws
SECTION 3. Officers.
Annually, the Committee shall select from its membership a Chairperson, and a Vice Chairperson for service during the subsequent year.
The Chairperson shall preside at all meetings of the Committee, shall supervise the efficient and responsible operation of the Committee, and shall delegate duties to Committee members as needed. The Chairperson or his or her designee shall report out to the Council at least once quarterly on the activities and goals of the Committee.
The Vice Chairperson shall preside at Committee meetings in the absence of the Chairperson, shall assume specific leadership responsibilities as determined by the Chairperson and shall assist the Chairperson in fulfilling his or her responsibilities as needed.
SECTION 4. Meetings.
1.The Committee shall meet not less than once each month. The meeting will be held the Third Thursday of each month.
2.Each Committee meeting shall be open to the public and is subject to the Brown Act, California Government Code Section 54950 et. Seq. The Committee shall keep written minutes of all meetings.
3.Special Meetings may be called by the Committee provided at least 24 hour notice is given to all members and to the media, all in accordance with the California Government Code Section 59450 et. seq.
4.The Committee shall publish an annual calendar, subject to change, indicating the regularly scheduled meetings for the entire year.
5.The first meeting of each year shall be an orientation and planning meeting that may include outgoing members of the Committee, with full review of the bylaws and identification of ideas, issues and concerns to assist in planning for the year.
6.A City Council Member will serve as a liaison to the Committee with no voting powers.
SECTION 5. Quorum.
1.A quorum is necessary at a Committee meeting. A majority of the Committee members shall constitute a quorum.
2.In the event that there is no quorum, any discussions which are held by those assembled shall be regarded as informal. No action may be taken.
SECTION 6. Committees.
1.Committees shall be formed, as needed, in relation to the responsibilities of the Committee. As needs dictate, these may be standing committees that function throughout the year, or task oriented committees that function only until the task is complete.
A.4.e
Packet Pg. 206
Youth Committee By-Laws
2.Youth who satisfy of the membership requirement for membership on the Committee but who are not on the Committee may be appointed to any task oriented committee with the approval of the Committee.
3.The Committee may appoint representatives to serve as liaisons to other boards, committees, Committees, the Council or other groups of the City.
Representatives shall report out to the full Committee on the actions at said meetings.
SECTION 7. Attendance.
1.Committee members are expected to attend all meetings of the Committee.
2.Whenever a member of the Committee has missed a combination of three (3) regular Committee meetings, special meetings, work meetings, or Committee sanctioned events without excuse from the Committee as expressed in its official minutes, shall constitute an automatic resignation. Attendance records shall be kept and members shall be informed by letter when he or she has reached two absences from regular meetings, special meetings, work meetings, or Committee sanctioned events. Absences will be deemed as excused and recorded in the Committee’s minutes only if the Committee advisor or Chairperson is notified twenty-four (24) hours in advance of the meeting.
SECTION 8. Amendments.
1.Amendments to these bylaws may be initiated at any Committee meeting, to be voted upon not sooner than the next regularly scheduled meeting.
2.Recommendation of any amendment shall require a majority vote of the Committee members.
3.These amendments must be submitted to the City Council.
4.Upon approval by the City Council, amendments shall take effect immediately, unless otherwise stipulated in the amendment or by the City Council.
A.4.e
Packet Pg. 207
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 13, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Clerk
Jennifer Woodworth, City Clerk
TITLE OF ITEM: RATIFY APPOINTMENTS TO FILL VACANCY ON ARTS & CULTURE
COMMISSION
BRIEF DESCRIPTION: The Arts & Culture Commission currently has a vacancy for one of its youth members. The City Council must ratify appointments to the commissions.
RECOMMENDATION: Ratify the appointment of Miko Rodriguez to fill the vacant Youth Member seat on the Arts & Culture Commission.
DEPARTMENT SUMMARY: The Arts & Culture Commission currently has a vacancy for one of its youth members. The City Council must ratify appointments to the commissions.
The City Clerk received an application from Miko Rodriguez to fill the current vacancy for youth member on the Arts & Culture Commission. If the appointment is ratified, the Arts & Culture Commission.
The recruitment will remain open for vacancies on all other Hollister boards and commissions.
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. YOUTH ART CULTURAL COMMISSION_ Miko Rodriguez_Redacted
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
A.5
Packet Pg. 208
ART & CULTURAL COMMISSION
YOUTH MEMBER APPLICATION
Name: Miko Rodriguez Phone:
Address:Cell Phone:
Email:Emergency
School:Hollister High School Contact: Amy Yamano
Date of Birth:Relationship:Mother
Age:17 years old Emergency
Contact Phone:
NOTE: The information you provide is done with the express understanding that it is public information and may be provided to the public when requested.
Community Service Experience including service in other Clubs, and/or Organizations Clubs or Organizations: 2017 Big Sur Marathon- Giving water to runners and cheering them on in the half way point. 2017 Treasuer for student council at my school- I created most themes and dance times and events for school. 2019 to 2020- LULAC -was unfortunately cut short because of COVID, however I did have a plan with another group also working with them to make a fundraiser for teenage immigrants looking at college and have been to a couple of council meetings. 2020 to 2022 SPECTRUMS(2 years)-Treasurer my second year, is a LGBTQ+ and ally club to create a safe space for those who may not have it at home. I handled all money and creating fundraisers as treasurer and I volunteered to help out in away I could during my first year. Girls Inc.-went to one meeting to just get a feeling of what it is however it seems fun and I just joined. INTERACT- currently sponsoring a animal and trying to find it a safe home. (Christian club)- there to meet fellow christians and praise our lord.
A.5.a
Packet Pg. 209
Why do you wish to be on the Art & Cultural Commission and what contributions can you make to the Art & Cultural Commission? (Attach additional sheet if necessary.) I wish to be on the art commission team because I want to bring in fresh opinion from a young perspective on pop culture art and, bring out certain voices for those who don’t want to talk.
Some contributions I can offer is my voice because I speak up all the time for what is right and what is wrong, I am a team player; I like to make sure my team and I are getting together and making sure everything is good. I also know a lot of teenagers and can use my voice for their opinions as well.
A.5.a
Packet Pg. 210
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 13, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: RESOLUTION NO. 2023-232, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER'S DONATION POLICY
BRIEF DESCRIPTION: This item will adopt a resolution approving the Donation Policy for the City of Hollister.
RECOMMENDATION: Adopt a resolution approving the City of Hollister’s Donation Policy.
DEPARTMENT SUMMARY: Members and supporters of the City of Hollister (“City”) community occasionally want to support the community by making donations to the City. City staff have developed a policy concerning donations made to the City. The purpose of these policy guidelines is to establish a formal process for acceptance and documentation of donations and gifts made to the City from individuals, community groups, and/or businesses. This policy is distinct from the City’s Municipal Code, which forbids City Councilmembers from accepting gifts and favors and the Personnel System Rules and Regulation which provides City employees with a clear standard with respect to accepting gifts and/or gratuities from members of the public, a business, an organization, or other entity.
Attachments include:
• Drafted City of Hollister Donation Policy
• Exhibit A Donation Agreement
• Exhibit B Donation Receipt
FINANCIAL IMPACT: N/A
CEQA: N/A
ATTACHMENTS:
1. Draft Donation Receipt - Exhibit B
2. Draft Donation Policy
3. Draft Donation Agreement - Exhibit A
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
A.6
Packet Pg. 211
RESOLUTION NO. 2023-232
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE
CITY OF HOLLISTER'S DONATION POLICY
WHEREAS, members and supporters of the City of Hollister (“City”) community occasionally want to support the community by making donations to the City; and
WHEREAS, City staff developed a policy concerning donations made to the City; and
WHEREAS, the purpose of these policy guidelines is to establish a formal process for acceptance and documentation of donations and gifts made to the City from individuals, community groups, and/or businesses; and
WHEREAS, this policy is distinct from the City’s Municipal Code, which forbids City Councilmembers from accepting gifts and favors and the Personnel System Rules and Regulation which provides City employees with a clear standard with respect to accepting gifts and/or gratuities from members of the public, a business, an organization, or other entity.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby approve and adopt the City of Hollister Donations Policy and authorizes the City Manager to administer the policy.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th 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
A.6
Packet Pg. 212
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-232, 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 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
A.6
Packet Pg. 213
EXHIBIT B
Donation Receipt
This receipt confirms that on [DATE], the City of Hollister received from [DONOR NAME AND ADDRESS]:
A monetary contribution of $[AMOUNT]
A non-monetary contribution consisting of [DESCRIBE GOODS, SERVICES, PROPERTY, SECURITIES, ETC.]
The purpose of the Donation is: __________________________________________________.
The following restrictions are placed on use of the Donation: ___________________________.
No money, goods, or services were provided by the City of Hollister in return for the donation.
The City of Hollister [WILL/WILLNOT] acknowledge the Donation on the following promotional materials: _________________________________________________________.
The City of Hollister sincerely appreciates your donation. ______________________
[CITY MANGER NAME]
City Manager
City of Hollister
A.6.a
Packet Pg. 214
City of Hollister
Donation Policy
A.6.b
Packet Pg. 215
CITY OF HOLLISTER
Donation Policy
2 I. Purpose
Members and supporters of the City of Hollister (“City”) community occasionally want to support the community by making donations to the City. The City Council appreciates this generosity and has adopted this policy concerning donations to the City. The purpose of this policy is to establish a formal process for acceptance and documentation of donations and gifts made to the City from individuals, community groups, and/or businesses. This policy is distinct from the City Municipal Code, which forbids City Councilmembers from accepting gifts and favors and the Personnel System Rules and Regulation which provides City employees with a clear standard with respect to accepting gifts and/or gratuities from members of the public, a business, an organization, or other entity.
II. Definitions
A. Donation: a contribution made to the City without expectation of goods, services, or significant benefit or recognition in return. Donations may be in the form of money or in-kind contributions of products, services, investment securities, real property, or any combination thereof. A Donation may be unrestricted, where the Donor has placed no limitation on its use (“Unrestricted Donation”), or restricted, where the Donor has restricted its use to a specified purpose (“Restricted Donation”). Donations that, if accepted, obligate the City to enter into a service, procurement, or other agreement shall not be considered a donation. Grants to the City from a local, state, or federal agency are not Donations and, thus, not subject to this policy.
B. Donor: an organization or individual who provides the City a Donation.
C. Donation Agreement: an agreement between the City and the Donor that details restrictions on the Donation and the obligations of the Donor and the City.
III. General Provisions and Procedures
A. Consistency with City Interests
1. Donations may only be accepted when they have a purpose consistent with City goals and objectives and are in the best interest of the City. The City must always consider the public trust and comply with all applicable laws when accepting donations.
2. The City welcomes Donations that enhance City services, reduce costs that the City would incur in the absence of the Donation, or that otherwise provide a benefit to the City. The City may decline any donation without comment or cause.
3. The net benefit of a Donation should be considered when determining whether to accept a Donation. Net benefit includes all lifecycle costs of ownership of the Donation, including maintenance, repair, clean-up, administration, and any potential liability or expenses that may be associated with the donation.
A.6.b
Packet Pg. 216
CITY OF HOLLISTER
Donation Policy
3 a. Donations may not be used to implement new on-going programs or services unless a permanent source of revenue is identified to support the program or service.
b. Potential costs and liabilities should be considered if a donation of personal property or service does not include the same
indemnification, insurance, bonding, or warranties that the City would normally receive through procurement of personal property or services.
c. Real property may be donated to the City provided it will not expose the City to unreasonable risk of litigation or liability because of the physical condition of the property or existence of claims, liens, and/or encumbrances against the property.
B. No Consideration or Financial Gain
1. Donors shall not expect, nor shall the City grant, any consideration to the Donor in relation to City procurement, regulatory matters, or any other business, service, or operation of the City.
2. Donors and the City should avoid even the appearance of consideration when contributing or receiving a Donation.
3. Donations may not be used for the personal financial gain of a City elected official, appointed official, or employee.
C. Unrestricted Donation Approval Thresholds
Based upon the value of the Donation, appropriate staff shall review every Donation and determine if the benefits to be derived warrant acceptance of the Donation.
1. Offers of Donations valued at five thousand dollars ($5,000.00) or below may be accepted by a Department Director.
2. Offers of Donations valued between five thousand dollars and one cent ($5,000.01) and ten thousand dollars ($10,000.00) may be accepted by the City Manager.
3. Offers of Donations valued at more than ten thousand dollars ($10,000.00) must be accepted by the City Council. Donations valued at more than ten thousand dollars ($10,000.00) shall be accepted through a written agreement consistent with these guidelines, approved by the City Council, and a form similar to the form provided in Exhibit A.
D. Restricted Donations
Based upon the value of the Donation as outlined in Section III, C, appropriate City staff will review the conditions of any Restricted Donation and determine if the benefits to be derived from the Donation warrant acceptance of the Donation.
Criteria for the evaluation shall include, but are not limited to:
A.6.b
Packet Pg. 217
CITY OF HOLLISTER
Donation Policy
4 1. Consideration of whether an immediate or initial expenditure is required to accept the donation;
2. Potential and extent to with the City will be obligated to maintain, match, or supplement the Donation;
3. Potential liability the City may incur with acceptance of the Donation.
E. Declined Donations
The City reserves the right to decline any Donation if, upon review, acceptance of the Donation is determined in the sole discretion of the City to not be in the best interests of the City.
F. Donation Acknowledgement and Recognition
All Donations will receive appropriate recognition as determined by the City Manager or City Council at the time the Donation is accepted, taking into consideration the nature and value of the Donation.
1. Upon request of the Donor or if specified in a City-initiated request for Donations, limited forms of promotional activity (such as logo or name placement on signs, flyers, and other materials related to a program or activity supported by the Donation) are permitted. The promotional activity shall not have the appearance of traditional commercial advertising and the size of the recognition should be similar in size to the non-recognition information on the promotional materials. The agreed upon form of recognition should be identified on the Donor receipt and/or the Donation Agreement.
2. Any naming of City parks, facilities, or other property shall follow the guidelines set forth in the City’s Policy on Naming or Renaming of City Parks and Facilities.
G. Donation Receipts
City will issue a receipt for Donations with a value in excess of one hundred dollars ($100.00) or upon request of the Donor, within thirty (30) days of acceptance of the Donation. The receipt shall state the amount of the Donation and/or describe the goods and services donated.1 The receipt shall also include the date of the donation, the name of the Donor, the purpose of the Donation and any restrictions placed upon the Donation, a brief description of the public recognition, if any, that will be made by the City, and note that the Donor received no money, goods or services in exchange. The original receipt shall be submitted to the Donor and the City shall retain a copy. A sample Donation receipt is attached as Exhibit B.
1 In accordance with the Internal Revenue Code (“IRS”), the City does not provide an estimated value of in -kind donations. Donors may refer to IRS Publication 561 for more information on valuing donated property.
A.6.b
Packet Pg. 218
CITY OF HOLLISTER
Donation Policy
5 H. Donation Agreement
Before acceptance of a Donation valued at more than ten thousand dollars ($10,000.00) the respective obligations of the Donor and the City shall be set forth in a Donation Agreement. A sample Donation Agreement is attached as Exhibit A. The City Manager or the City Council may require a Donation Agreement for Donations of any amount, at their sole discretion.
I. Record Keeping
The City shall maintain records of the receipt of all Donations and shall comply with all reporting requirements and regulations including, but not limited to Fair Political Practices Commission (“FPPC”) Regulations.
A.6.b
Packet Pg. 219
-1-
EXHIBIT A
DONATION AGREEMENT
This Donation Agreement (“Agreement”) is made and entered into this [DATE] day of [MONTH] 2023 (“Agreement Date”), by and between the City of Hollister (“City”), and [DONOR NAME], [DONOR ENTITY TYPE], (“Donor” and together with City, the “Parties”).
RECITALS
A. [INSERT RECITAL THAT DESCRIBES REASON FOR AND NATURE OF DONATION];
B. [INSERT RECITAL THAT DESCRIBES CITY’S NEED FOR AND DESIRE TO ACCEPT THE DONATION]; AND
B. [INSERT ADDITIONAL RECITALS AS NEEDED]
NOW THEREFORE, in consideration of the terms and conditions of this Agreement, including the foregoing Recitals, City and Donor agree:
1. Donation. Donor agrees to provide to the City, at no cost, [SERVICES/GOODS/OTHER DONATION DESCRIPTION]
2. Acceptance of Donation. City agrees to accept [SERVICES/GOODS/OTHER DONATION DESCRIPTION].
3. Use of Donation. The City shall utilize the [SERVICES/GOODS/OTHER DONATION DESCRIPTION] for the purposes stated above.
4. Scope of Services. Donor agrees to provide the Scope of Services specified in Attachment
1. 5. Indemnification. Donor shall indemnify the City and shall hold the City free and harmless from all liability and from all claims, demands, damages, and costs asserted against or incurred by the City, its officers, agents, or employees, arising from or connected with the [SERVICES/GOODS/OTHER DONATION DESCRIPTION]. The indemnity given herein shall include the cost of defense including, but not limited to, reasonable attorneys’ fees.
This provision shall survive the termination or revocation of this Agreement for one (1) year following the Agreement date.
6. No City Money Used. Donor acknowledges that no funds from the City were or will be used to provide [SERVICES/GOODS/OTHER DONATION DESCRIPTION].
7. [ADD ADDITIONAL PROVISIONS AS APPROPRIATE FOR THE PARTICULAR AGREEMENT]
A.6.c
Packet Pg. 220
-2-
8. Independent Contractor. The Parties agree that Donor is free from the control and direction of City in connection with Donor’s performance of the [SERVICES/GOODS/OTHER DONATION DESCRIPTION]. Donor is hereby retained to provide the specified [SERVICES/GOODS/OTHER DONATION DESCRIPTION] for City, which are outside the usual course of City’s business. Donor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the [SERVICES/GOODS/OTHER DONATION DESCRIPTION] required by this Agreement.
Donor understands and agrees that Donor and all Donor’s employees, agents, or volunteers (“Donor Parties”), shall not be considered officers, employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.
9. Insurance. Without in any way limiting Donor’s liability, or indemnification obligations set forth in section 3 above, Donor shall secure and maintain throughout the Term of this Agreement, the following insurance: (i) comprehensive general liability insurance with limits not less than five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) in the aggregate; (ii) commercial automobile liability insurance with limits not less than one million dollars ($1,000,000) each occurrence and one million dollars ($1,000,000) in the aggregate; (iii) worker’s compensation insurance as required by Labor Code section 3200 et seq.; and (iv) professional liability insurance covering errors and omissions. Neither Donor nor any of the Donor’s Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties. A copy of the declarations page of Donor’s insurance policies shall be attached to this Agreement as proof of insurance as Attachment
2. 10. Entire Agreement. This Agreement constitutes the sole and entire agreement between the parties with respect to the subject matter dealt with in this Agreement and all understandings, oral or written, with respect to the subject matter of this Agreement are hereby superseded.
11. Future Assurances. Each party hereto shall cooperate and take such actions as may reasonably be requested by the other party hereto in order to carry out the provisions of this Agreement and the transactions contemplated by this Agreement.
12. Amendment of Agreement. No modification of, deletion from, or addition to this Agreement shall be effective unless made in writing and executed by both the City and Donor.
13. Waiver. The failure by either party to enforce any term or provision of this Agreement shall not constitute a waiver of that term or provision, or any other term or provision. No waiver by either party of any term or provision of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing.
A.6.c
Packet Pg. 221
-3-
14. Severability. In the event any clause, sentence, term, or provision of this Agreement shall be held by any court of competent jurisdiction to be illegal, invalid, or unenforceable for any reason, the remaining portions of this Agreement shall nonetheless remain in full force and effect.
15. Construction of Agreement. The terms and provisions of this Agreement shall be liberally construed to effectuate the purpose of this Agreement. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, no uncertainty or ambiguity shall be construed or resolved against either party under any rule of construction, including the party primarily responsible for the drafting and preparation of this Agreement.
16. Governing Law. This Agreement is made under and shall be construed in accordance with the laws of the State of California.
17. Attorneys’ Fees. In the event either party to this Agreement shall commence litigation or other legal proceedings against the other to enforce the provisions of this Agreement or to declare rights and/or obligations under this Agreement, the prevailing party shall be entitled to recover from the losing party its costs of suit, including, without limitation, reasonable attorneys’ fees plus reasonable attorneys’ costs and expenses, as shall be determined by a court.
18. Notices. Any notice given pursuant to this Agreement shall be in writing, duly addressed to the parties below. By written notice in conformance herewith, either party may change the address to which notices to said party must be delivered. Any notice deposited with the United States Postal Service shall be deemed to have been duly given when so deposited certified or registered, postage prepaid, addressed as set forth below or as changed as set forth herein. Notice sent by any other manner shall be effective only upon actual receipt thereof.
City: City of Hollister
375 Fifth Street
Hollister, CA 95023
Attention: [NAME], [TITLE]
Donor: [DONOR NAME]
[ADDRESS]
[CITY, STATE, ZIP]
Attention: [NAME], [TITLE]
19. Time of Essence. Time is of the essence with respect to the obligations of each party under this Agreement.
20. Headings and References. The headings of this Agreement are for purposes of reference only and shall not limit or define the meaning of the provisions of this Agreement. All uses of the words “Article(s)” and “Section(s)” in this Agreement are references for articles and sections of this Agreement, unless otherwise specified.
A.6.c
Packet Pg. 222
-4-
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written.
For Donor: For City:
Date: ______________________________ Date:_______________________________
___________________________________ ____________________________________ [NAME], [TITLE] Mia Casey, Mayor
[DONOR ORGANIZATION] City of Hollister
A.6.c
Packet Pg. 223
-5-
Attachment 1
Scope of Services
[DESCRIBE, IN DETAIL, THE SCOPE OF SERVICES.]
A.6.c
Packet Pg. 224
-6-
Attachment 2
Proof of Insurance
A.6.c
Packet Pg. 225
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 6, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-233, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE PURCHASE OF A VEHICLE THROUGH
SOURCEWELL PURSUANT TO MUNICIPAL CODE COMPETITIVE BIDDING EXEMPTIONS-
COOPERATIVE PURCHASING
BRIEF DESCRIPTION: This resolution will authorize the use of Sourcewell to purchase a vehicle using Sourcewell pursuant to Municipal Code competitive bidding exemptions and cooperative purchasing.
RECOMMENDATION: Adopt a resolution to authorize the use of Sourcewell pursuant to Municipal Code 3.06.270 (competitive bidding exemptions-cooperative purchasing) and authorize the City Manager to execute any required agreements.
DEPARTMENT SUMMARY: The Parks and Recreation Department is experiencing increased activity, necessitating the acquisition of a recreation van. This van will serve practical and logistical needs, allowing staff to store equipment and travel to various parks for activities.
Additionally, the van can support the creation of pop-up parks, temporary installations designed to encourage public engagement and activity. The overall goal is to enhance the department's operational capabilities, foster community engagement, and efficiently deliver recreational services to a wider audience.
Vehicle and equipment manufacturers have been behind schedule for the past three years in building and delivering vehicles to government entities and private individuals. The ongoing supply system shortages have increased the delay in building vehicles and have turned the automotive industry toward an “order first” type of purchase. This creates problems for government agencies that use the bid process. The unavailability of vehicles, vehicle prices, and build slots, even to dealers, causes dealerships to avoid the bid process because they are unsure of the delivery date of the vehicles and the projected cost since more than a year delay may cause the model year to change, increasing the cost.
Title 3, chapter 3.06 Article II § 3.06.210 of the Municipal Code requires all purchases over $20,000 to be advertised for sealed bids. However, § 3.06.270 lists exceptions that include cooperative purchasing and sole source.
Sourcewell is a cooperative purchasing agency created to assist government entities and special districts with procuring vehicles, equipment, supplies, construction, etc.; the City of Hollister is a member of Sourcewell. Sourcewell requests bids nationwide for all the products and services available through their agency, reviews the proposals, and awards a contract to the lowest responsible bidder. Therefore, the bidding requirement is met. The contracts that are granted through this process are available to all members.
A.7
Packet Pg. 226
Using Sourcewell simplifies the purchase of needed vehicles and equipment, saves staff time, and reduces the chance that assets will need to be carried over into the next fiscal year, which could cause price increases and reduce staff productivity.
With the above details in mind, Parks and Recreation requests authorization to use Sourcewell to purchase a vehicle for the current Fiscal Year.
The purchases requested for this Fiscal Year, listed below, are all included in the current budget:
1-Recreation Van not to exceed $50,000.00
FINANCIAL IMPACT: Funds approved in the current Fiscal Year in the following Funds:
101-8000-750070 $50,000.00
CEQA: N/A
ATTACHMENTS:
1. Sourcewell Minnesota Statutes
2. Sourcewell_NameChangeLegalMem and resolution
3. Sourcewell By-laws-2019
4. Municipal Code Article II excerpts
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
A.7
Packet Pg. 227
RESOLUTION NO. 2023-233
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
PURCHASE OF A VEHICLE THROUGH SOURCEWELL PURSUANT TO MUNICIPAL CODE
COMPETITIVE BIDDING EXEMPTIONS-COOPERATIVE PURCHASING
WHEREAS, the City of Hollister (the “City”) desires to obtain and is proceeding to acquire equipment and vehicles (collectively, the “Equipment”); and
WHEREAS, except as otherwise directed by the city council (“City Council”), whenever the amount to be expended for any purchase is more than twenty thousand dollars ($20,000.00), the department director shall advertise for sealed bids, and the purchase contract shall be awarded to the lowest responsible bidder (M.C. 3.06.210); and
WHEREAS, an exception to bidding requirements exists for cooperative purchasing (M.C.
3.06.270); and
WHEREAS, Sourcewell is a cooperative purchasing agency formed to assist government entities and special districts with procurement; and
WHEREAS, the City is a member of Sourcewell; and
WHEREAS, the City Council wishes to authorize and approve all proceedings for acquiring the Equipment through Sourcewell contracts; and
WHEREAS, the van will serve practical and logistical needs, allowing staff to store equipment and travel to various parks for activities; and
WHEREAS, the van can support the creation of pop-up parks, temporary installations designed to encourage public engagement and activity.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister as follows:
SECTION 1. The foregoing recitals are true and correct, and the City Council finds and determines.
SECTION 2. The City Council pursuant to its authority granted by the City of Hollister Municipal Code and applicable state law hereby authorizes the use of Sourcewell to purchase the Equipment.
SECTION 3. The City Council authorizes the equipment purchase to not exceed $50,000.
SECTION 4. The City Manager, Assistant City Manager, and their respective designees (“Authorized Officers”) are authorized and directed to take further actions that may be necessary or convenient to purchase the Equipment.
SECTION 5. The Authorized Officers are hereby further authorized and directed to prepare, on behalf of the City, any other documentation necessary to carry out the terms for the acquisition of the Equipment as outlined in any agreement with the Vendor(s) consistent with the terms and conditions of this resolution. Any actions heretofore taken by the Authorized Officers, on behalf of the City, that are in conformity with the purposes and intent of this resolution and with the provisions of applicable law are hereby approved and confirmed.
A.7
Packet Pg. 228
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th 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
A.7
Packet Pg. 229
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-233, 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 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
A.7
Packet Pg. 230
123A.21 SERVICE COOPERATIVES.
Subdivision 1.Establishment of service cooperatives.(a) Ten service cooperatives, hereafter designated as SCs, are established. Geographical boundaries for each SC shall coincide with those identified in governor's executive orders 8, dated September 1, 1971, and 59, dated May 29, 1973, issued pursuant to the Regional Development Act of 1969, sections 462.381 to 462.397, with the following exceptions: (1) development regions one and two shall be combined to form a single SC; (2) development regions six east and six west shall be combined to form a single SC; and (3) development regions seven east and seven west shall be combined to form a single SC. (b) The SC shall cooperate with the regional development commission for the region with which its boundaries coincide but shall not be responsible to nor governed by that regional development commission. (c) Two or more identified SCs may, upon approval by a majority of the members in each affected SC, be combined and administered as a single SC.
Subd. 2.Purpose of SC.The primary purposes of designation as a SC shall be to perform planning on a regional basis and to assist in meeting specific needs of clients in participating governmental units which could be better provided by a SC than by the members themselves. The SC must provide those programs and services which are determined, pursuant to subdivision 7, to be priority needs of the particular region and must assist in meeting special needs which arise from fundamental constraints upon individual members. Subd. 3.Membership and participation.Full membership in a SC shall be limited to public school districts, cities, counties, and other governmental units as defined in section 471.59, but nonvoting memberships shall be available to nonpublic school administrative units and other partnership agencies or organizations within the SC. A school district, city, county, or other governmental unit or nonprofit organization may belong to one or more SCs. Participation in programs and services provided by the SC shall be discretionary. No school district, city, county, or other governmental unit shall be compelled to participate in these services under authority of this section. Nonpublic school students and personnel are encouraged to participate in programs and services to the extent allowed by law. Subd. 4.Governing board.(a) The care, management, and control of a SC shall be vested in a board of directors composed of not less than six nor more than 15 members. A majority of the members of the SC board of directors shall be current members of school boards of participating public school districts. Election of the school board members to the SC board of directors shall be by vote of all current school board members of participating public school districts with each school board member having one vote. The remaining board members may be representatives at large appointed by the board members or elected as representatives by other participating agencies, such as cities, counties, or other governmental units. (b) The election timeline shall be compatible with those for school board members and shall be addressed within the bylaws of each SC.
(c) A vacancy on the SC board which results in an unexpired term may be filled by appointment by the SC board of directors until such vacancy can be filled at the next board election. (d) At the organizational meeting, the SC board shall choose its officers and conduct any other necessary organizational business. The SC board may, at its discretion, appoint up to three members at large to the SC board as ex officio, nonvoting members of the board and shall encourage the advisory participation of a cross-section of school and agency personnel within the SC to the extent allowed by law. Official Publication of the State of Minnesota
Revisor of Statutes
123A.21MINNESOTA STATUTES 20211
A.7.a
Packet Pg. 231
(e) The officers of the SC board shall be a chair, vice-chair, clerk, and treasurer, no two of whom when possible shall be from the same agency.
(f) A member of the SC board shall have the same liability applicable to a member of an independent school board or other elected governmental officials.
Subd. 5.Duties and powers of SC board of directors.The board of directors shall have authority to maintain and operate a SC. Subject to the availability of necessary resources, the powers and duties of this board shall include the following:
(a) The board of directors shall submit, by June 1 of each year to each participating member, an annual plan which describes the objectives and procedures to be implemented in assisting in resolution of the needs of the SC.
(b) The SC board of directors shall provide adequate office, service center, and administrative facilities by lease, purchase, gift, or otherwise.
(c) The SC board of directors shall employ a central administrative staff and other personnel as necessary to provide and support the agreed-upon programs and services. The board may discharge staff and personnel pursuant to applicable provisions of law. SC staff and personnel may participate in retirement programs and any other programs available to public school staff and personnel. (d) The SC board of directors may appoint special advisory committees composed of superintendents, central office personnel, building principals, teachers, parents, lay persons, and representatives from cities, counties, and other governmental units.
(e) The SC board of directors may employ service area personnel pursuant to licensure and certification standards developed by the appropriate state agency such as the commissioner and the Professional Educator Licensing and Standards Board.
(f) The SC board of directors may enter into contracts with school boards of local districts including school districts outside the SC area.
(g) The SC board of directors may enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed-upon programs and services.
(h) The SC board of directors shall exercise all powers and carry out all duties delegated to it by members under provisions of the SC bylaws. The SC board of directors shall be governed, when not otherwise provided, by applicable laws of the state.
(i) The SC board of directors shall submit an annual evaluation report of the effectiveness of programs and services to the members by September 1 of each year following the previous June 30 in which the programs and services were provided.
(j) The SC board is encouraged to establish cooperative, working relationships and partnerships with postsecondary educational institutions, other public agencies, business, and industry. Subd. 6.Appointment of advisory council.There may be advisory councils selected to give advice and counsel to the SC board of directors. The councils may be composed of representatives from public and nonpublic schools, cities, counties, and other governmental units. Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2021123A.21
A.7.a
Packet Pg. 232
Subd. 7.Educational programs and services.(a) The board of directors of each SC shall submit annually a plan to the members. The plan shall identify the programs and services which are suggested for implementation by the SC during the following year and shall contain components of long-range planning determined by the SC. These programs and services may include, but are not limited to, the following areas: (1) administrative services;
(2) curriculum development;
(3) data processing;
(4) distance learning and other telecommunication services; (5) evaluation and research;
(6) staff development;
(7) media and technology centers;
(8) publication and dissemination of materials;
(9) pupil personnel services;
(10) planning;
(11) secondary, postsecondary, community, adult, and adult vocational education; (12) teaching and learning services, including services for students with special talents and special needs; (13) employee personnel services;
(14) vocational rehabilitation;
(15) health, diagnostic, and child development services and centers; (16) leadership or direction in early childhood and family education; (17) community services;
(18) shared time programs;
(19) fiscal services and risk management programs, including health insurance programs providing reinsurance or stop loss coverage;
(20) technology planning, training, and support services; (21) health and safety services;
(22) student academic challenges; and
(23) cooperative purchasing services.
An SC is subject to regulation and oversight by the commissioner of commerce under the insurance laws of this state when operating a health reinsurance program pursuant to clause (19) providing reinsurance or stop loss coverage.
Official Publication of the State of Minnesota
Revisor of Statutes
123A.21MINNESOTA STATUTES 20213
A.7.a
Packet Pg. 233
(b) A group health, dental, or long-term disability coverage program provided by one or more service cooperatives may provide coverage to nursing homes licensed under chapter 144A and to boarding care homes licensed under sections 144.50 to 144.56 and certified for participation in the medical assistance program located in this state.
(c) A group health, dental, or long-term disability coverage program provided by one or more service cooperatives:
(1) must rebid contracts for insurance and third-party administration at least every four years. The contracts may be regional or statewide in the discretion of the SC; and (2) may determine premiums for its health, dental, or long-term disability coverage individually for specific employers or may determine them on a pooled or other basis established by the SC. Subd. 8.Technical assistance.Service cooperatives shall, to the extent possible, make technical assistance for long-range planning available to school districts upon request and shall establish a common database for local and regional decision making.
Subd. 9.Financial support for the service cooperatives.(a) Financial support for SC programs and services shall be provided by participating members with private, state, and federal financial support supplementing as available. The SC board of directors may, in each year, for the purpose of paying any administrative, planning, operating, or capital expenses incurred or to be incurred, assess and certify to each participating school district, nonpublic school administrative unit, city, county, and other governmental unit its proportionate share of all expenses. This share shall be based upon the extent of participation by each school district, nonpublic school administrative unit, city, county, or other governmental unit and shall be in the form of a service fee. Each participating school district, nonpublic school administrative unit, city, county, or other governmental unit shall remit its assessment to the SC board as provided in the SC bylaws. The assessments shall be paid within the maximum levy limitations of each participating member. No participating member shall have any additional liability for the debts or obligations of the SC except that assessment which has been certified as its proportionate share and any other liability the member assumes under section 123A.24, subdivisions 1 and 2.
(b) Any property acquired by the SC board is public property to be used for essential public and governmental purposes which shall be exempt from all taxes and special assessments levied by a city, county, state, or political subdivision thereof. If the SC is dissolved, its property must be distributed to the members at the time of the dissolution.
(c) A member may elect to withdraw participation in the SC by a majority vote of its full board membership and upon compliance with the applicable withdrawal provisions of the SC organizational agreement. The withdrawal shall be effective on the June 30 following receipt by the board of directors of written notification of the withdrawal by February 1 of the same year. Notwithstanding the withdrawal, the proportionate share of any expenses already certified to the withdrawing member for the SC shall be paid to the SC board.
(d) The SC is a public corporation and agency and its board of directors may make application for, accept, and expend private, state, and federal funds that are available for programs of the members. (e) The SC is a public corporation and agency and as such, no earnings or interests of the SC may inure to the benefit of an individual or private entity.
Subd. 10.Annual meeting.Each SC shall conduct a meeting at least annually for its members. Official Publication of the State of Minnesota
Revisor of Statutes
4MINNESOTA STATUTES 2021123A.21
A.7.a
Packet Pg. 234
Subd. 11.Joint Powers Act.Nothing in this section shall restrict the authority granted to school district boards of education by section 471.59.
Subd. 12.Health coverage pool comparison shopping.(a) Service cooperatives must permit school districts and other political subdivisions participating in a service cooperative health coverage pool to solicit bids and other information from competing sources of health coverage at any time other than within five months prior to the end of a master agreement.
(b) A service cooperative must not impose a fine or other penalty against an enrolled entity for soliciting a bid or other information during the allowed period. The service cooperative may prohibit the entity from participating in service cooperative coverage for a period of up to one year, if the entity leaves the service cooperative pool and obtains other health coverage.
(c) A service cooperative must provide each enrolled entity with the entity's monthly claims data. This paragraph applies notwithstanding section 13.203.
History: 1Sp1995 c 3 art 9 s 25; 1998 c 397 art 5 s 97,104; art 11 s 3; 1998 c 398 art 5 s 55; 2006 c 255 s 72,73; 1Sp2017 c 5 art 12 s 22
Official Publication of the State of Minnesota
Revisor of Statutes
123A.21MINNESOTA STATUTES 20215
A.7.a
Packet Pg. 235
471.59 JOINT EXERCISE OF POWERS.
Subdivision 1.Agreement.(a) Two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised. The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. (b) The term "governmental unit" as used in this section includes every city, county, town, school district, service cooperative under section 123A.21, independent nonprofit firefighting corporation, other political subdivision of this or another state, another state, federally recognized Indian Tribe, the University of Minnesota, the Minnesota Historical Society, historic preservation corps under paragraph (c), nonprofit hospitals licensed under sections 144.50 to 144.56, rehabilitation facilities and extended employment providers that are certified by the commissioner of employment and economic development, day and supported employment services licensed under chapter 245D, and any agency of the state of Minnesota or the United States, and includes any instrumentality of a governmental unit. For the purpose of this section, an instrumentality of a governmental unit means an instrumentality having independent policy-making and appropriating authority.
(c) For purposes of this section, "historic preservation corps" means a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code that provides on-the-job training and workforce development skills to youth and young adults by engaging them in repairing and maintaining historic structures, buildings, and sites. Historic preservation corps are governmental units for the purposes of this section and have the rights and liabilities available under this section.
Subd. 1a.Liability.(a) A governmental unit participating in a joint venture or joint enterprise, including participation in a cooperative activity undertaken pursuant to this section or other law, is not liable for the acts or omissions of another governmental unit participating in the joint venture or joint enterprise, unless the participating governmental unit has agreed in writing to be responsible for the acts or omissions of another participating governmental unit.
(b) For purposes of determining total liability for damages, the participating governmental units and the joint board, if one is established, are considered a single governmental unit and the total liability for the participating governmental units and the joint board, if established, shall not exceed the limits on governmental liability for a single governmental unit as specified in section 3.736 or 466.04, subdivision 1, or as waived or extended by the joint board or all participating governmental units under section 3.736, subdivision 8; 466.06; or 471.981. This paragraph does not protect a governmental unit from liability for its own independent acts or omissions not directly related to the joint activity. (c) If a participating governmental unit has procured or extended insurance coverage pursuant to section
3.736, subdivision 8; 466.06; or 471.981 in excess of the limits on governmental liability under section 3.736 or 466.04, subdivision 1, covering participation in the joint venture or joint enterprise, the procurement of that insurance constitutes a waiver of the limits of governmental liability for that governmental unit to the extent that valid and collectable insurance or self-insurance, including, where applicable, proceeds from the Minnesota Guarantee Fund, exceeds those limits and covers that governmental unit's liability for the claim, if any.
Subd. 2.Agreement to state purpose.Such agreement shall state the purpose of the agreement or the power to be exercised and it shall provide for the method by which the purpose sought shall be accomplished or the manner in which the power shall be exercised. When the agreement provides for use of a joint board, Official Publication of the State of Minnesota
Revisor of Statutes
471.59MINNESOTA STATUTES 20211
A.7.a
Packet Pg. 236
the board shall be representative of the parties to the agreement. A joint board that is formed for educational purposes may conduct public meetings via interactive television if the board complies with chapter 13D in each location where board members are present. Irrespective of the number, composition, terms, or qualifications of its members, such board is deemed to comply with statutory or charter provisions for a board for the exercise by any one of the parties of the power which is the subject of the agreement. Subd. 3.Disbursement of funds.The parties to such agreement may provide for disbursements from public funds to carry out the purposes of the agreement. Funds may be paid to and disbursed by such agency as may be agreed upon, but the method of disbursement shall agree as far as practicable with the method provided by law for the disbursement of funds by the parties to the agreement. Contracts let and purchases made under the agreement shall conform to the requirements applicable to contracts and purchases of any one of the parties, as specified in the agreement. Strict accountability of all funds and report of all receipts and disbursements shall be provided for.
Subd. 4.Termination of agreement.Such agreement may be continued for a definite term or until rescinded or terminated in accordance with its terms.
Subd. 5.Shall provide for distribution of property.Such agreement shall provide for the disposition of any property acquired as the result of such joint or cooperative exercise of powers, and the return of any surplus moneys in proportion to contributions of the several contracting parties after the purpose of the agreement has been completed.
Subd. 6.Residence requirement.Residence requirements for holding office in any governmental unit shall not apply to any officer appointed to carry out any such agreement. Subd. 7.Not to affect other acts.This section does not dispense with procedural requirements of any other act providing for the joint or cooperative exercise of any governmental power. Subd. 8.Services performed by county, commonality of powers.Notwithstanding the provisions of subdivision 1 requiring commonality of powers between parties to any agreement the board of county commissioners of any county may by resolution enter into agreements with any other governmental unit as defined in subdivision 1 to perform on behalf of that unit any service or function which that unit would be authorized to provide for itself.
Subd. 9.Exercise of power.For the purposes of the development, coordination, presentation and evaluation of training programs for local government officials, governmental units may exercise their powers under this section in conjunction with organizations representing governmental units and local government officials.
Subd. 10.Services performed by governmental units; commonality of powers.Notwithstanding the provisions of subdivision 1 requiring commonality of powers between parties to any agreement, the governing body of any governmental unit as defined in subdivision 1 may enter into agreements with any other governmental unit to perform on behalf of that unit any service or function which the governmental unit providing the service or function is authorized to provide for itself. If the agreement has the effect of eliminating or replacing a public employee who is part of a collective bargaining agreement represented by an exclusive representative, and there is no provision in the collective bargaining agreement detailing the effect of the action on the affected public employee, negotiations on the effects to the employee of the job elimination or restructuring must be conducted between the exclusive representative and the employer. Subd. 11.Joint powers board.(a) Two or more governmental units, through action of their governing bodies, by adoption of a joint powers agreement that complies with the provisions of subdivisions 1 to 5, Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2021471.59
A.7.a
Packet Pg. 237
may establish a joint board to issue bonds or obligations under any law by which any of the governmental units establishing the joint board may independently issue bonds or obligations and may use the proceeds of the bonds or obligations to carry out the purposes of the law under which the bonds or obligations are issued. A joint board established under this section may issue obligations and other forms of indebtedness only in accordance with express authority granted by the action of the governing bodies of the governmental units that established the joint board. Except as provided in paragraphs (b) and (c), the joint board established under this subdivision must be composed solely of members of the governing bodies of the governmental unit that established the joint board. A joint board established under this subdivision may not pledge the full faith and credit or taxing power of any of the governmental units that established the joint board. The obligations or other forms of indebtedness must be obligations of the joint board issued on behalf of the governmental units creating the joint board. The obligations or other forms of indebtedness must be issued in the same manner and subject to the same conditions and limitations that would apply if the obligations were issued or indebtedness incurred by one of the governmental units that established the joint board, provided that any reference to a governmental unit in the statute, law, or charter provision authorizing the issuance of the bonds or the incurring of the indebtedness is considered a reference to the joint board. (b) Notwithstanding paragraph (a), one school district, one county, and one public health entity, through action of their governing bodies, may establish a joint board to establish and govern a family services collaborative under section 124D.23. The school district, county, and public health entity may include other governmental entities at their discretion. The membership of a board established under this paragraph, in addition to members of the governing bodies of the participating governmental units, must include the representation required by section 124D.23, subdivision 1, paragraph (a), selected in accordance with section 124D.23, subdivision 1, paragraph (c).
(c) Notwithstanding paragraph (a), counties, school districts, and mental health entities, through action of their governing bodies, may establish a joint board to establish and govern a children's mental health collaborative under sections 245.491 to 245.495, or a collaborative established by the merger of a children's mental health collaborative and a family services collaborative under section 124D.23. The county, school district, and mental health entities may include other entities at their discretion. The membership of a board established under this paragraph, in addition to members of the governing bodies of the participating governmental units, must include the representation provided by section 245.493, subdivision 1. Subd. 12.Joint exercise of police power.In the event that an agreement authorizes the exercise of peace officer or police powers by an officer appointed by one of the governmental units within the jurisdiction of the other governmental unit, an officer acting pursuant to that agreement has the full and complete authority of a peace officer as though appointed by both governmental units and licensed by the state of Minnesota, provided that:
(1) the peace officer has successfully completed professionally recognized peace officer preemployment education which the Minnesota Board of Peace Officer Standards and Training has found comparable to Minnesota peace officer preemployment education; and
(2) the officer is duly licensed or certified by the peace officer licensing or certification authority of the state in which the officer's appointing authority is located. Subd. 12a.Joint exercise of police power; employees.If an agreement, merger, or consolidation authorizes the exercise of peace officer or police powers by an officer appointed by one of the governmental units within the jurisdiction of the other governmental unit, a peace officer or public safety dispatcher, working pursuant to or as a result of that agreement, merger, or consolidation, must receive credit for accumulated vacation and sick leave time earned within the governmental unit employing the peace officer Official Publication of the State of Minnesota
Revisor of Statutes
471.59MINNESOTA STATUTES 20213
A.7.a
Packet Pg. 238
or public safety dispatcher immediately preceding the agreement, merger, or consolidation. If a peace officer or public safety dispatcher working pursuant to an agreement, merger, or consolidation becomes employed by the new entity, that peace officer or public safety dispatcher is considered to have begun employment with the new entity on the first day of employment by the governmental unit employing the peace officer or public safety dispatcher immediately preceding the creation of the new entity and must be credited with all previously accumulated vacation and sick leave time. Subd. 12b.Correctional officers.If there is an agreement, merger, or consolidation between two or more local correctional or detention facilities, a correctional officer who becomes employed by a new entity created by the agreement, merger, or consolidation must receive credit for accumulated vacation and sick leave time earned by the correctional officer during the officer's employment with a governmental unit immediately preceding the creation of the new entity. If a correctional officer working pursuant to an agreement, merger, or consolidation becomes employed by the new entity, the correctional officer is considered to have begun employment with the new entity on the first day of employment with the governmental unit employing the correctional officer immediately preceding the creation of the new entity and must be credited with all previously accumulated vacation and sick leave time. Subd. 13.Joint powers board for housing.(a) For purposes of implementing a federal court order or decree, two or more housing and redevelopment authorities, or public entities exercising the public housing powers of housing and redevelopment authorities, may by adoption of a joint powers agreement that complies with the provisions of subdivisions 1 to 5, establish a joint board for the purpose of acquiring an interest in, rehabilitating, constructing, owning, or managing low-rent public housing located in the metropolitan area, as defined in section 473.121, subdivision 2, and financed, in whole or in part, with federal financial assistance under Section 5 of the United States Housing Act of 1937. The joint board established pursuant to this subdivision shall:
(1) be composed of members designated by the governing bodies of the governmental units which established such joint board and possess such representative and voting power provided by the joint powers agreement;
(2) constitute a public body, corporate, and politic; and (3) notwithstanding the provisions of subdivision 1, requiring commonality of powers between parties to a joint powers agreement, and solely for the purpose of acquiring an interest in, rehabilitating, constructing, owning, or managing federally financed low-rent public housing, possess all of the powers and duties contained in sections 469.001 to 469.047 and, if at least one participant is an economic development authority, sections 469.090 to 469.1081, except (i) as may be otherwise limited by the terms of the joint powers agreement; and (ii) a joint board shall not have the power to tax pursuant to section 469.033, subdivision 6, or 469.107, nor shall it exercise the power of eminent domain. Every joint powers agreement establishing a joint board shall specifically provide which and under what circumstances the powers granted herein may be exercised by that joint board.
(b) If a housing and redevelopment authority exists in a city which intends to participate in the creation of a joint board pursuant to paragraph (a), such housing and redevelopment authority shall be the governmental unit which enters into the joint powers agreement unless it determines not to do so, in which event the governmental entity which enters into the joint powers agreement may be any public entity of that city which exercises the low-rent public housing powers of a housing and redevelopment authority. Official Publication of the State of Minnesota
Revisor of Statutes
4MINNESOTA STATUTES 2021471.59
A.7.a
Packet Pg. 239
(c) A joint board shall not make any contract with the federal government for low-rent public housing, unless the governing body or bodies creating the participating authority in whose jurisdiction the housing is located has, by resolution, approved the provision of that low-rent public housing. (d) This subdivision does not apply to any housing and redevelopment authority, or public entity exercising the powers of a housing and redevelopment authority, within the jurisdiction of a county housing and redevelopment authority which is actively carrying out a public housing program under Section 5 of the United States Housing Act of 1937. For purposes of this paragraph, a county housing and redevelopment authority is considered to be actively carrying out a public housing program under Section 5 of the United States Housing Act of 1937, if it (1) owns 200 or more public housing units constructed under Section 5 of the United States Housing Act of 1937, and (2) has applied for public housing development funds under Section 5 of the United States Housing Act of 1937, during the three years immediately preceding January 1, 1996.
(e) For purposes of sections 469.001 to 469.047, "city" means the city in which the housing units with respect to which the joint board was created are located and "governing body" or "governing body creating the authority" means the council of such city.
History: 1943 c 557; 1949 c 448 s 1-3; 1961 c 662 s 1,2; 1965 c 744 s 1-3; 1973 c 123 art 5 s 7; 1973 c 541 s 1; 1975 c 134 s 1,2; 1980 c 532 s 2; 1982 c 507 s 27; 1983 c 342 art 8 s 15; 1984 c 495 s 1; 1986 c 465 art 2 s 15; 1990 c 572 s 14; 1991 c 44 s 3; 1996 c 412 art 3 s 35; 1996 c 464 art 1 s 1; 1996 c 471 art 3 s 39; 1997 c 203 art 5 s 24; 1998 c 397 art 11 s 3; 1999 c 214 art 2 s 17; 2001 c 7 s 78; 1Sp2003 c 14 art 7 s 83; art 11 s 11; 2005 c 9 s 2; 2006 c 232 s 3; 2007 c 43 s 1; 2009 c 59 art 4 s 6; art 5 s 14; 2010 c 193 s 1; 2010 c 347 art 1 s 26; 2013 c 108 art 9 s 12; 1Sp2019 c 11 art 6 s 5; 1Sp2021 c 1 art 4 s 3 Official Publication of the State of Minnesota
Revisor of Statutes
471.59MINNESOTA STATUTES 20215
A.7.a
Packet Pg. 240
A.7.b
Packet Pg. 241
A.7.b
Packet Pg. 242
A.7.b
Packet Pg. 243
REGION FIVE SERVICE COOPERATIVE BYLAWS
Public Corporation and Agency Name: SOURCEWELL
ARTICLE I
CORPORATE ESTABLISHMENT AND CORPORATE NAME
Section 1. Establishment and Name. Region Five Service Cooperative is established by law as a local government unit, public corporation and public agency pursuant to the Minnesota Constitution and enabling statutes provided for by the Minnesota Legislature in Minn. Stat.§ 123A.21. The name of this local government unit, public corporation and public agency, and statutory service cooperative is Sourcewell. All exercise of statutory authority, conduct of business, establishment of policies, administration of services and programs, and execution of legal documents shall be done in the corporate name, as herein established, in accordance with law and as provided for in these bylaws from the date of final adoption.
Section 2. Prior Name. Prior to adoption of these bylaws, Region Five Service Cooperative was formerly known as National Joint Powers Alliance (NJPA) and has also been historically known as Educational Cooperative Service Unit 5 and North Central Service Cooperative. All contractual and other legal obligations incurred under a prior legal name may continue in that name, but shall bind Sourcewell. Any renewal of a contractual or other legal obligation shall be made in the name Sourcewell.
Section 3. Existing Members. All Members defined by Article VI, whether Voting or Service Members, who joined Region Five Service Cooperative (Sourcewell, f/k/a NJPA, ECSU 5, NCSC) prior to the adoption of these bylaws shall retain membership status A.7.c
Packet Pg. 244
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 unless or until modified or terminated in accordance with the terms and conditions contained in these bylaws.
ARTICLE II
GEOGRAPHICAL BOUNDARIES AND ELECTORAL DISTRICTS
Section 1. Boundaries. Pursuant to Minn. Stat. § 123A.21 Subd. 1, the geographical boundaries of Region Five Service Cooperative (Sourcewell) encompass the entirety of the Counties of Cass, Crow Wing, Morrison, Todd, and Wadena in Minnesota. Sourcewell may, in accordance with law, establish operational locations outside the geographic boundaries of Region Five in furtherance of programs, products, services or solutions authorized by law and these bylaws.
Section 2. Electoral Districts. For purposes of elections conducted pursuant to Article XII of these bylaws, the Sourcewell Board of Directors may establish electoral districts within the geographical boundaries of Region Five by majority decision. Electoral districts shall be established in a manner intended to reasonably ensure proportional representation on the Sourcewell Board of Directors. In establishing electoral districts, the Board of Directors may distinguish between elections for school board representatives and non-school board representatives. Once established, electoral districts shall be reviewed annually by the Board of Directors no later than thirty (30) days prior to the opening of nominations for election. The Board of Directors may, in its sole discretion, confirm, modify or eliminate electoral districts from time-to-time in accordance with law and these bylaws.
A.7.c
Packet Pg. 245
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 ARTICLE Ill
LEGAL ADDRESS AND SERVICE OF PROCESS
Section 1. Address. The legal address of Sourcewell is:
Sourcewell
202 12th Street Northeast
P.O. Box 219
Staples, Minnesota 56479
The primary legal offices of Sourcewell shall be located at this address.
Section 2. Service of Process. Service of process shall be made in accordance with the procedural rules governing the action initiated by the pleadings or papers served. The Executive Director, or designee, may accept service of process in any manner allowed by the procedural rules governing the action initiated by the pleadings or papers served.
ARTICLE IV
FISCAL YEAR AND AUDITS
Section 1. Fiscal Year. The fiscal year for Sourcewell shall commence on July 1 st and end on June 30th of each year.
Section 2. Audits. Sourcewell shall conduct annual audits pursuant to Minnesota law and in accordance with recognized best accounting practices.
ARTICLE V
PUBLIC PURPOSE
Section 1. Purpose. Consistent with Minn. Stat. § 123A.21 Subd. 2, the primary purpose of Sourcewell is to provide statutorily authorized programs, products, services, and solutions to assist in meeting the specific needs of members which they may not be able to provide for themselves alone. Sourcewell shall provide programs, products, services, and solutions which are determined to meet priority needs of its members and
A.7.c
Packet Pg. 246
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 shall assist in meeting special needs which arise from fundamental constraints upon individual members. No earnings or interest of the Sourcewell may inure to the primary benefit of any individual person or private entity.
ARTICLE VI
MEMBERSHIP AND PARTICIPATION
Section 1. Two Forms of Membership; Participation. Pursuant to Minnesota Statute §123A.21, subdivision 2, membership in Sourcewell shall take two (2) forms: (i) Full voting Governance members (hereinafter referred to as "Voting Members"); and (ii) Participant Service members (hereinafter referred to as "Service Members"). Additionally, pursuant to Minnesota Statutes §123A.21, subdivision 5(g) & U) and §471.59, Sourcewell may allow and provide for non-member Participating Entities (hereinafter "Participating Entities").
Section 2. Voting Members. Voting Members are those school districts, cities, counties, and other governmental units located within the geographic boundaries of Region Five who have chosen to initiate voting membership in Sourcewell in accordance with Section 4 of this Article for purposes of obtaining governance rights and participation in and access to programs, products, services, and solutions provided by Sourcewell.
Section 3. Service Members. Service Members are school districts, cities, counties, and other governmental units, as well as nonpublic school administrative units and nonprofit agencies or organizations, regardless of geographic location, who have chosen to initiate membership in Sourcewell in accordance with Section 4 of this Article for purposes of participating in and receiving programs, products, services and solutions provided by Sourcewell. Service Members do not have governance rights, do not incur
A.7.c
Packet Pg. 247
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 the obligations of Voting Members, do not incur any of Sourcewell's corporate liability, and are not entitled to distribution of assets upon dissolution.
Section 4. Participating Entities. A Participating Entity is any public or private agency, institution, postsecondary educational institution, nonprofit corporation, business, industry or governmental unit, as defined by Minnesota Statutes§ 471.59, that may not otherwise strictly qualify for membership. Participating Entities do not have governance rights, do not incur the obligations of Voting Members and do not incur any of Sourcewell's corporate liability, and are not entitled to distribution of assets upon dissolution.
Section 5. Initiating Membership and Participation. Membership or participation in Sourcewell is initiated as follows:
a.Voting Membership. Any qualifying potential voting member may join Sourcewell by forwarding a duly adopted resolution of its governing body to the attention of the Executive Director by hand-delivery, e-mail, or U.S. mail. Upon receipt of such resolution, and appropriate and proper verification of the same, the Executive Director of Sourcewell shall cause the resolution to be placed on the agenda of the next regular meeting of the Sourcewell Board of Directors for consideration and approval, provided that such approval shall not be unreasonably withheld. The effective date of voting membership shall be the date of approval by the Sourcewell Board of Directors of the resolution initiating membership.
b.Service Membership and Participation. Any qualifying potential Service Member or Participating Entity may join Sourcewell by complying with the service membership or participation policy or policies established by majority
A.7.c
Packet Pg. 248
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 vote of the Sourcewell Board of Directors for purposes of accessing programs, products, services and solutions provided by Sourcewell.
Section 6. Membership and Participation Policies. Consistent with these bylaws, the Sourcewell Board of Directors may, by majority vote, establish policies and procedures governing terms and conditions of membership for Voting Members, Service Members, and Participating Entities. With respect to each program, product, service or solution, the Sourcewell Board of Directors may, by majority vote, establish policies and procedures regulating access to such programs, products, services and solutions, including the cost thereof. Voting Members shall be eligible to access and participate in, and may not be excluded from, any program, product, service or solution offered by Sourcewell, unless otherwise prohibited by law. With respect to Service Members and Participating Entities, the Sourcewell Board of Directors may differentiate policies on the basis of need, geography, particular membership constituencies, or any combination thereof.
Participation in programs, products, services and solutions is discretionary as to all Members and Participating Entities.
Section 7. Withdrawal from Membership. Members may withdraw from membership as follows:
a.Voting Member Withdrawal. A Voting Member may withdraw its membership from Sourcewell by a duly adopted resolution of its governing board and upon compliance with any Membership Agreement or applicable membership policies. The withdrawal shall be effective on June 3Q1h following receipt of the member's withdrawal resolution by e-mail, hand-delivery, and/or U.S. mail. Any
A.7.c
Packet Pg. 249
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 such withdrawal is subject to these bylaws, and any terms and conditions of membership established by contract or policy existing at the time of withdrawal. b.Service Member and Participating Entity Withdrawal. Service Members and Participating Entities may withdraw from Sourcewell in accordance with the policies established by the Sourcewell Board of Directors. Any such withdrawal is subject to these bylaws, and any terms and conditions established by contract or policy existing at the time of withdrawal. No withdrawing Service Member or Participating Entity is entitled to a distribution of any assets or other payment because of withdrawal.
c.Obligations of Voting Members Upon Withdrawal. Upon withdrawal, a Voting Member is obligated for the share of expenses (if any) already certified to the withdrawing member for the fiscal year in which withdrawal occurs, as well as a pro-rated refund of any amounts paid toward general operations and overhead for the same fiscal year. If the certified expenses exceed the pro rated refund, the withdrawing member is obligated to pay the difference. In no event shall a withdrawing Voting Member be entitled to a refund greater than the amount paid in for the fiscal year in which withdrawal occurs. In no event shall a withdrawing Voting Member be entitled to a refund of any amounts paid during prior fiscal years. No withdrawing Voting Member shall be entitled to a distribution of any assets.
d.Dissolution. Upon dissolution, only Voting Members existing at the time of dissolution are responsible for any proportionate share of expenses and entitled asset distributions, as provided by Minnesota Statutes §123A.21,
A.7.c
Packet Pg. 250
DocuSign Envelope ID: EE8C07D1-4FE3-4B22-93E9-CBFEB6482216 subdivision 9, and §123A.24, subdivisions 1 and 2, as may annually be allowed or assessed by Sourcewell's Board of Directors.
ARTICLE VII
FINANCIAL SUPPORT FROM VOTING MEMBERS
Section 1. Financial Support. Financial support for operational and capital expenses and programs, products, services and solutions shall first be provided from revenue generating operations, as well as any supplementing private, state, or federal financial support as may be available. The Sourcewell Board of Directors may, in each fiscal year, for the purpose of meeting all or a portion of estimated operational and capital expenses, assess and certify to each Voting Member, their proportionate share of such projected expenses. To the extent practicable, this share shall be based upon the extent of participation by each Voting Member and shall take the form of an annual service fee.
Each Voting Member shall remit its assessment to the Board of Directors as determined by the Board of Directors. Any certified and assessed fee shall not cause a Voting Member to exceed its maximum levy limitations set forth by law for the applicable fiscal year. Nothing in this section shall require the Board of Directors to certify and assess fees in any given fiscal year.
Section 2. Service Contracts. Nothing in this section shall limit the ability of the Board of Directors to enter or authorize contracts for purposes of delivering services or shared services and negotiating reasonable contractual costs for the same separately with Voting Members.
A.7.c
Packet Pg. 251
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216
ARTICLE VIII
RIGHTS AND OBLIGATIONS OF MEMBERS
Section 1. Rights and Obligations of Voting Members. Voting Members are entitled to nominate eligible persons to serve on the Sourcewell Board of Directors. Voting Members are eligible to participate in elections for Board of Directors. Voting Members are responsible for any proportionate share of expenses and are entitled to asset distributions upon dissolution. Except as may otherwise be provided by law, at their discretion, Voting Members are entitled to participate in programs, products, services and solutions provided by Sourcewell without limitation, but subject to the terms and conditions of participation established by policy or policies of the Board of Directors.
Section 2. Rights and Obligations of Service Members and Participating Entities.
Service Members and Participating Entities shall not nominate anyone to serve on the Sourcewell Board of Directors. Service Members and Participating Entities may not vote in elections or on any matters of Sourcewell governance. Service Members and Participating Entities are not responsible for any proportionate share of expenses and are not entitled to asset distributions upon dissolution. Participation in programs, products, services and solutions by Service Members and Participating Entities may be limited by the terms and conditions of applicable contracts and Sourcewell policies.
ARTICLE IX
GOVERNANCE
Section 1. Governing Board. The care, management, and control of Sourcewell shall be vested in a Board of Directors, composed of eight (8) members elected by the Voting Members, in accordance with law and these bylaws. Six (6) directors of the Board of
A.7.c
Packet Pg. 252
DocuSign Envelope ID: EE8C0701-4FE3-4822-93E9-CBFEB6482216 Directors shall be current school board members from school districts which are also Voting Members of Sourcewell located within Region Five. Two (2) directors of the Board of Directors shall be individuals from the current governing bodies of cities, counties, and other governmental units as defined in Minn. Stat. § 471.59, which are also Voting Members of Sourcewell located within Region Five.
Section 2. Ex Officio Members to the Board. The Sourcewell Board of Directors may, at its discretion, appoint up to three (3) individuals to its Board of Directors as nonvoting ex officio members for purposes of advisory participation from a cross section of Voting Members. If one (1) such individual is appointed, then the individual shall be a current Superintendent from a Voting Member school district. If two (2) such members are appointed, then one (1) shall be a current Superintendent from a Voting Member school district and one (1) shall be a current Administrator of a city, county, or other governmental unit as defined in Minn. Stat. § 123A.21, which is also a current Voting Member. If three (3)such members are appointed, then two (2) shall be current Superintendents from Voting Member school districts and one (1) shall be a current Administrator of a city, county, or other governmental unit as defined in Minn. Stat. § 471.59, which is also a Voting Member. The term of any appointed ex officio, nonvoting member shall be two (2) years.
Section 3. Representative Assembly. A Representative Assembly is created as provided in this section. The Sourcewell Representative Assembly purpose is to increase the representative input of Voting Members in the development of programs, products, services, and solutions offered by Sourcewell. Each Voting Member shall be entitled to select two (2) current members of its governing body to serve on the Representative
A.7.c
Packet Pg. 253
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Assembly. Appointment shall be made by the governing board of the Voting Member and shall be communicated to the Sourcewell Executive Director on an annual basis. Each Voting Member governing body may designate alternates for each representative on the Representative Assembly and notify the Executive Director of the alternates. The Board of Directors Chairperson and the Clerk to the Board of Directors shall serve as chairperson and clerk to the Representative Assembly.
ARTICLE X
THE REPRESENTATIVE ASSEMBLY MEETINGS AND
ANNUAL REPORT AND PLAN
Section 1. Meetings. The Representative Assembly shall meet at least once per year.
Such meetings are intended to meet the requirements of Minn. Stat. § 123A.21, Subd.
10.An agenda shall be sent to each Voting Member at least ten (10) days prior to the annual meeting. All matters to be acted thereon shall be submitted in writing to the Sourcewell Executive Director no later than fifteen (15) days prior to such meeting. To the extent practicable, matters submitted in the form of a resolution shall appear on the agenda in the form prepared and proposed. All actions of the Representative Assembly shall be final upon subsequent ratification and approval by the Sourcewell Board of Directors.
Section 2. Annual Report and Plan. Consistent with Minn. Stat. § 123A.21, Subd. 5(i) and 7, the Board of Directors shall submit an annual report and plan to the Voting Members by September 1 51 . The report and plan should contain an evaluation of the effectiveness of programs, products, services, and solutions provided to Voting Members during the preceding fiscal year. The report and plan may identify the programs, products,
A.7.c
Packet Pg. 254
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 services, and solutions which are recommended for implementation during the following year and may contain components of long-term planning. As often as practicable, the Annual Report shall be prepared and submitted in conjunction with a meeting of the Representative Assembly.
ARTICLE XI
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers of the Board. The Sourcewell Board of Directors has all powers provided for by law, including but not limited to, the authority to:
a.Exercise all powers enumerated in Minn. Stat. § 123A.21, specifically, Minn.
Stat. § 123A.21, Subd. 7;
b.Delegate to the Sourcewell Executive Director, or his or her designee, all powers, authority, responsibilities and duties as it deems necessary and proper;
c.Provide adequate office, service center, and administrative facilities by lease, purchase, gift, or otherwise;
d.Establish an annual budget for each fiscal year;
e.Approve the use of administrative fees for any purpose allowed by law; f.Certify and assess fees in accordance with law and these bylaws; g.Hire an Executive Director, set compensation and provide employment benefits to the same;
h.Employ personnel as necessary to support general operations and the programs, products, services, and solutions offered by Sourcewell and to set compensation and provide employment benefits to the same;
A.7.c
Packet Pg. 255
DocuSign Envelope ID: EE8C0701 -4FE3-4B22-93E9-CBFEB6482216 i.Make application for, accept, and expend private, state, and federal funds that are available for programs of the members;
j.Accept gifts and donations for the benefit of the public corporation and agency, subject to limitations imposed by law;
k.To acquire real and personal property for the benefit of this public corporation and agency and its members;
I.To prosecute, defend or settle all actions and claims in courts of law and other legal forums;
m.To appoint special advisory committees composed of superintendents, central office personnel, building principals, teachers, parents, laypersons, and representatives from cities, counties and other government agencies; n.To enter into contracts with school boards of local education agencies, including school districts outside of the geographic boundaries of Region Five; o.To enter into joint powers contracts and relationships with other qualifying entities in Minnesota and throughout the United States; p.To enter into contracts with other public and private agencies and institutions to provide administrative staff and other personnel as necessary to furnish and support the agreed upon programs and services;
q.To establish cooperative, working relationships, and partnerships with post secondary educational institutions, other public agencies, business, and industry and may appoint special and advisory committee representative of these partners;
A.7.c
Packet Pg. 256
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 r.To procure insurance against liability of the public corporation and agency, as well as its directors, officers, employees, and agents. s.To join governmental, joint powers, pooled risk organizations, as provided for by Minn. Stat. § 471.59;
t.To employ qualified professionals, including but not limited to, attorneys, accountants, and other consultants;
u.To select advisory councils or committees to give advice and counsel to the Board of Directors comprised of representatives from public and non-public schools, cities, counties, and other governmental units, as well as representatives from strategic business partners.
v.To the extent possible, make technical assistance for long term planning available to Voting Member government agencies upon request and shall establish a common base for local and regional decision-making.
Section 2. Duties of the Board. The Board of Directors shall exercise all powers in a manner necessary to carry out all duties imposed upon it by law.
Section 3. No Limitation on Authority. Article XI shall not be construed as a limitation on any authority of the Board of Directors provided by law.
Section 4. Contracting Authority; Delegation. The Board of Directors is the contracting authority for Sourcewell. This authority may be delegated in accordance with Minnesota law.
ARTICLE XII
ELECTIONS OF THE BOARD OF DIRECTORS
Section 1. Terms of Office; Vacancies. Members of the Sourcewell Board of Directors
A.7.c
Packet Pg. 257
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 are elected to four (4) year terms. A schedule of terms of office for each director seat shall be maintained at the legal offices for Sourcewell and be available for public inspection.
Members shall begin their term in February following the election and qualification to office, and shall serve until a successor is elected and qualified. A vacancy on the Board of Directors which results in an unexpired term may be filled by appointment of the Board of Directors. The duration of any such appointment shall be until the next annual election during which the seat is scheduled for election. An election, following appointment, shall be for the unexpired term of office and no vacancy filled by appointment shall cause any established term of office to be extended.
Section 2. Nominations for Candidacy. Nominations for candidacy must be filed with the Sourcewell Executive Director no more than forty-five (45) days, nor less than twenty (20)days, prior to the announced election at which any director is to be elected to the Board of Directors. Each candidate shall be nominated by a petition signed by a majority of the governing body of the Voting Member. All persons nominated must be currently elected officials. The petition shall identify the Voting Member entity from which a candidate has been nominated, the name of the candidate, and a brief description of the candidate's background, experience, and qualifications.
Section 3. Timing and Administration of Elections. Elections shall occur annually after the second Tuesday in November, but no later than January 151h , provided that only two (2)seats shall be up for election at once. The Board of Directors shall cause the election ballots to be printed for election to the Board of Directors and cause the ballots to be delivered to Voting Members no later than ten (10) days before the election.
A.7.c
Packet Pg. 258
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Section 4. Election of School Board Directors. The six (6) school board directors shall be elected as follows from each of the three (3) school district electoral districts established within the geographic boundaries of region five pursuant to Article II. Every current school board member from Voting Member school districts is eligible to vote in elections occurring within their appropriate and respective electoral district.
Section 5. Election of Non-School Board Directors. Each Voting Member that is a city, county, or other governmental unit as defined in Minn. Stat. § 471.59, may nominate elected officials from its governing body to serve on the Sourcewell Board of Directors.
Each nomination shall be by majority vote of the governing body of the Voting Member.
The governing body of every non-school board Voting Member is entitled to cast one (1) organizational vote in elections occurring within their appropriate and respective electoral district.
Section 6. Qualification to Board. All voting directors shall remain publicly elected officials from within the geographic boundaries of Region Five. Should any voting director lose his or her elected position for any reason, then a vacancy shall immediately occur and shall be filled in accordance with law and these bylaws.
ARTICLE XIII
MEETINGS OF THE BOARD OF DIRECTORS
Section 1. Organizational Meeting. Each year following elections and upon qualification of new directors to office, at the call of the Sourcewell Executive Director, the Sourcewell Board of Directors shall meet and hold an organizational meeting. At the organizational meeting, the following business shall be conducted:
a)Canvass election results and approve election certificates;
A.7.c
Packet Pg. 259
DocuSign Envelope ID: EE8C0701-4FE3-4822-93E9-CBFEB6482216 b)Elect a chairperson; a vice-chairperson; a clerk, and a treasurer (officers of the Board of Directors). To the extent practicable, no two (2) directors shall be from the same Voting Member governing body;
c)Elect a chairperson; a vice-chairperson; a clerk, and a treasurer (officers of the Board of Directors). To the extent practicable, no two (2) directors shall be from the same Voting Member governing body;
d)Make committee appointments;
e)Appoint ex offico, nonvoting directors as provided for in Article IX, Section 2; f)Set board compensation, mileage reimbursement, and per diem rates; g)Set a schedule of regular meetings;
h)Set any timelines required by law, these bylaws, or as the board shall deem practical and expedient;
i)Designate official depositories;
j)Designate the official newspaper, provided that the organizational website shall be used whenever legally permissible and sufficient;
k)Designate a chief procurement official;
I)Designate legal counsel;
m)Designate an auditor;
n)Authorize electronic, digital, or facsimile signatures; o)Authorize and delegate legal representative duties;
p)Establish, confirm, review, or modify electoral districts; and q)The Board of Directors shall also conduct any other necessary organizational business.
A.7.c
Packet Pg. 260
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 The minutes of the organizational meeting may be duly approved at any subsequent regular meeting of the Board of Directors.
Section 2. Meetings. The Board of Directors shall meet at the call of the chairperson or any three (3) members of the board. An electronic agenda shall be sent to each member at least five (5) days prior to the meeting of the board. Matters of emergency nature or practical urgency not on the agenda may be considered at the time of the meeting.
a)A quorum at any meeting with members of the board shall consist of a majority of the elected Board of Directors;
b)The order of business at the board meetings shall be as determined by the board;
c)The meetings of the board at which official action is taken shall be public meetings and no person shall be excluded therefrom; and d)To the extent practicable, the rules of parliamentary procedure in the latest edition of Robert's Revised Rules of Order shall govern the board and advisory committees and councils in their deliberations in all matters, except as otherwise provided in these bylaws. Rules may be amended at any meeting by a majority vote. The order of business may be suspended at any meeting by majority decision.
Section 3. Record of Proceedings. Meeting minutes of the Board of Directors shall be posted online to the Sourcewell website. The minutes of the preceding meeting shall be reviewed, corrected if necessary, and a copy of all motions and the names of the director(s) making and seconding motions shall be recorded.
A.7.c
Packet Pg. 261
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216
ARTICLE XIV
AUTHORITY AND DUTIES OF THE EXECUTIVE DIRECTOR
Section 1. Authority and Duties. The Sourcewell Board of Directors shall hire an Executive Director and such number of other personnel as may be deemed necessary.
The Board of Directors shall also fix the salary and conditions of employment of such officers, which may include reasonable and necessary expenses, vacation, and disability leave. The Sourcewell Executive Director shall, under the direction of the board, exercise the following responsibilities and duties:
a.Perform and exercise all duties, responsibilities and delegated to the Executive Director by the bylaws or by separate action of the Board of Directors; b.Act as secretary and executive officer of the Board of Directors; c.Attend all regular and special meetings of the Board of Directors when so required by the board and advise the board of all questions under consideration;
d.Serve as ex-officio member of all advisory committees or councils appointed by the Board of Directors;
e.Provide for the keeping of minutes of the Board of Directors meetings, recording all proceedings and official actions in a manner required by law and keeping such records as may be necessary;
f.Act as the custodian of records, reports, documents, correspondence, educational equipment and supplies, and other property and maintain inventories and indices thereof;
g.Act as the legal representative for state and federal programs;
A.7.c
Packet Pg. 262
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 h.Prepare and present the business to be acted upon at meetings of the board; i.Maintain supervisory custody of the funds of the board; J.Enter into all membership agreements and to extend annual renewals for contracts pending board consideration;
k.Write drafts against funds only for expenditures properly approved by the board;
I.As bonded by the board, make financial records of the board available at all times and submit them annually for audit;
m.Prepare and submit an itemized budget for approval by the Board of Directors; n.Promote through meetings, conferences, and electronic communication with government agency officials, teachers, parents, and the public generally, and by hard copy and electronic distribution of pamphlets, bulletins, newsletters and other materials, an active interest in all desirable types of public service and to suggest needed changes and improvements identified by member government agencies.
ARTICLE XV
CHIEF PROCUREMENT OFFICIAL
Section 1. Designation. The Sourcewell Board of Directors may, through policy or resolution, designate a chief procurement official to administer a cooperative purchasing and contracting program as authorized by Minn. Stat.§ 123A.21, Subd. 7(a)(23).
Section 2. Powers and Duties. Upon designation, the official is hereby designated to:
a.Competitively solicit contracts in categories called for by the Board of Directors; b.Award all competitively solicited contracts, without limitation;
A.7.c
Packet Pg. 263
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 c.In consultation with the Sourcewell Executive Director and General Counsel, propose and implement changes to the cooperative purchasing and contracting program intended to increase efficiency, regulatory compliance, and member value; and
d.Propose budgetary modifications necessary to meet member needs.
ARTICLE XVI
AMENDMENTS TO BYLAWS
Section 1. Process for Amending Bylaws. These bylaws may be amended by the affirmative vote of two-thirds of the members present at the Annual Meeting of the Representative Assembly, or by mail ballot, provided that the substance of the proposed amendments shall have been submitted in writing to each member at least ten (10) days prior to such vote.
Officially adopted by the Board of Directors January 12, 1978.
First Amendment approved May 29, 1990.
Second Amendment approved March 25, 1991.
Third Amendment approved April 27, 1992.
Fourth Amendment approved September 25, 1995.
Fifth Amendment approved September 28, 1998.
Sixth Amendment approved April 13, 2005.
Seventh Amendment approved April 14, 2010.
Eighth Amendment approved April 6, 2011.
Ninth Amendment approved April 10, 2013.
A.7.c
Packet Pg. 264
DocuSign Envelope ID: EE8C0701-4FE3-4B22-93E9-CBFEB6482216 Tenth Amendment approved April 13, 2016.
Eleventh Amendment approved April 11, 2018.
Twelfth Amendment approved on ________ , 2019
Chairman, Board of Directors
Cleri(.'-eoard of Directors
April 11
A.7.c
Packet Pg. 265
• Article II. - Purchasing
• 3.06.200 - Authority, title, and purpose.
This article is authorized by Title 5, Division 2, Chapter 5, Article 7 of the California Government Code (Section 54201, et seq.) and shall be known as the "City of Hollister Purchasing ordinance." It shall govern all purchasing activity of the city except real property acquisition and disposition, public works construction projects, and as may otherwise be specifically provided in this code. (Ord. 1035, § 2, 2008)
• 3.06.210 - Purchases in excess of twenty thousand dollars.
Except as otherwise directed by the city council, whenever the amount to be expended for any purchase whatsoever is in excess of $20,000.00, the department director shall advertise for sealed bids and the purchase contract shall be awarded to the lowest re sponsible bidder, except in the case of a local vendor whose bid meets the requirements of Section 3.06.245 herein and whose bid does not exceed five percent of the lowest responsible bidder; provided that the council shall have the authority to reject any and all bids. For purposes of this article, "lowest responsible bidder" means the bidder that submits the lowest bid and is capable of providing the supplies, property or services advertised. The bid request shall be published in a local newspaper describing the goods or services required, stating the date, time, and place assigned for the public opening of the bids. No bids will be received any time subsequent to the time advertised in the announcement. The department director shall submit a tabulation of bids to the city council, together with his or her recommendations for award to the lowest responsible bid der. Tangible items purchased in excess of $20,000.00 will be listed as capital assets on the city of Hollister property listing.
(Ord. 1035, § 2, 2008; Ord. 1088, § 2, 2012)
• 3.06.270 - Exceptions.
Exceptions to the competitive bidding requirements are goods or services pertaining to, but not limited to, physicians, attorneys, appraisers, architects, engineers, auctioneers, consultants, arbitrators, designers, auditors, insurance, copyrighted materia ls, sole source items, gas, electricity, water, telephones, and cooperative purchasing with other governmental agencies, such as school districts, local, county, state or federal agencies, when it is to the advantage of the city to purchase from such other governmental agencies.
(Ord. 1035, § 2, 2008)
A.7.d
Packet Pg. 266
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 7, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: RESOLUTION NO. 2023-234, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT
WITH PINNACLE TRAINING SYSTEMS, LLC FOR WORK SITE WELLNESS SERVICES FOR
POLICE AND FIRE DEPARTMENT STAFF
BRIEF DESCRIPTION: This resolution will authorize the City Manager to sign a contract with Pinnacle Training Systems, LLC to provide a Worksite Wellness Program for Police and Fire Department Personnel.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to sign an agreement with Pinnacle Training Systems, LLC for a Worksite Wellness Program for Police and Fire Department Personnel.
DEPARTMENT SUMMARY: Police and Fire personnel work in a stressful environment regardless of the job assignment. Work stress and other work environment situations add to common health issues or lead to on-the-job injuries.
Several years ago, the Police Department participated in a health screening as part of a worksite wellness program with Pinnacle Training Systems, LLC. The agreement also included follow up health improvement plans and exercise programs to improve the health of police personnel. The intent of the program is to follow up after a set time to document any improvements or to address any new issues.
Among the services provided Pinnacle Training Systems, LLC. will provide height and weight screening, body composition testing, blood pressure screening, cardiovascular risk panel, EKG monitoring during rest and exercise, and wellness coaching. There is also an option to provide functional movement assessment and customized workouts based on the functional movement assessment. Several studies have shown a reduction of on-the-job injuries and illnesses with improved health practices and screening to monitor for unknown risks.
Unfortunately, due to the COVID-19 pandemic, the follow up program and rescreening has not been completed. Staff would like to contract with Pinnacle Training System Inc., once again to provide health screening and health guidance training.
Pinnacle Training Systems, LLC has agreed to provide the services once again for police and fire personnel. The cost will be $395 per person for the screening program or $435 for the screening and the optional functional movement assessment program with a customized exercise workout program.
A.8
Packet Pg. 267
Staff recommends the city council authorize the City Manager to sign the agreement with Pinnacle Training System, LLC.
FINANCIAL IMPACT: Depending on participation, $395 up to $21,750 (for 50 staff members).
CEQA: N/A
ATTACHMENTS:
1. 2023 Service Agreement
2. Pinnacle Training Systems Signed Agreement
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
A.8
Packet Pg. 268
RESOLUTION NO. 2023-234
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE
CITY MANAGER TO SIGN AN AGREEMENT WITH PINNACLE TRAINING SYSTEMS, LLC
FOR WORK SITE WELLNESS SERVICES FOR POLICE AND FIRE DEPARTMENT STAFF
WHEREAS, on the job stress and job environment issues lead to common health issues among police and fire personnel; and
WHEREAS, the City of Hollister’s Police and Fire Departments have a need to provide a wellness program that monitors key health factors in their staff with the hope of improving their health; and
WHEREAS, Pinnacle Training System, Inc. offers a program that the Police and Departments recommend for their staff as part of a comprehensive wellness system; and
WHEREAS, Pinnacle Training System, Inc. has offered its services once again to police and fire personnel; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister authorizes the City Manager to sign an agreement with Pinnacle Training Systems, LLC for work site Wellness services for the City of Hollister’s Police and Fire Department’s staff.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th 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
A.8
Packet Pg. 269
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-234, 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 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
A.8
Packet Pg. 270
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
WELLNESS SERVICES AGREEMENT
This Wellness Services Agreement (the “Agreement”) is effective [November 6, 2023] by and between PINNACLE TRAINING SYSTEMS, LLC (“PTS"), a company organized and existing under the laws of the state of California, having an office located at 6011 N. Fresno St. Suite 120, Fresno CA 93710 and the City of Hollister (the “CLIENT”) located at and/or having a correspondence address of:
375 5th Street , Hollister, CA 95023
PTS and the CLIENT are at times herein collectively referred to as the “Parties,” or individually, as a “Party.”
RECITALS
1. The CLIENT wishes to retain PTS to provide certain worksite wellness services related to and/or described as a “Worksite Wellness Program” on the terms and conditions hereinafter set forth.
2. PTS wishes to provide such services to the CLIENT on such terms and conditions.
NOW THEREFORE in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
1. SERVICES TO BE PROVIDED
a) PTS agrees to provide to the CLIENT ongoing wellness/fitness services set forth in Schedule “A,” which is attached hereto and made a part of this Agreement (the “Services”).
b) PTS agrees and undertakes to perform the Services in a timely fashion with the skill, competence and diligence commensurate with the standards in the wellness industry.
2. COMPENSATION AND INCENTIVES
a) The CLIENT shall pay PTS for the Services, in accordance with the terms set forth in Schedule “B,” which is attached hereto and made a part of this Agreement.
A.8.a
Packet Pg. 271
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
b) Incentives shall be paid by the CLIENT and/or PTS in accordance with the terms set forth in Schedule “C,” which is attached hereto and made a part of this Agreement.
3. TERM AND TERMINATION
a) The initial term of this Agreement (“Term”) shall be for a period of twelve (12) months beginning on November 6, 2023, and ending on November 5, 2024, unless terminated earlier in accordance with the provisions herein. The Term of the Agreement may only be extended by a written agreement signed by both Parties. b) This Agreement may be terminated by either Party upon the occurrence of an event of default, given five (5) days written notice of the default to the other Party. If the default is not cured within the five-day notice period, this Agreement will terminate and any and all fees owed to PTS for services rendered, up and through the termination date will be immediately due and payable. Each of the following constitutes an event of default for the purposes of this Agreement:
i. breach of this Agreement (including but not limited to non-performance and/or inability to perform), and
ii. insolvency of CLIENT or PTS (including but not limited to bankruptcy). c) CLIENT shall be entitled to terminate this Agreement for any reason, provided a minimum of thirty (30) days’ written notice is provided to PTS, except in the event of default by PTS as described in paragraph 3.b) above. PTS may terminate this agreement for any reason provided a minimum of ten (10) days’ written notice is provided to CLIENT. In the event of termination, CLIENT shall pay PTS for all Services rendered up and through the date of termination, in accordance with the payment terms set forth in Schedule B.
d) Upon request at the termination of this Agreement, CLIENT shall return to P TS all confidential data, belonging to PTS and embodied or recorded in tangible form, which is in its possession. CLIENT expressly grants PTS permission to use the aggregate results of the Worksite Wellness Program for marketing, advertising, research, educational and/or other business purposes, so long as the identity of any individual participating in the program is not disclosed and/or cannot reasonably be determined or associated with the use. PTS acknowledges that the CLIENT does not consent to the release of individual employee information, and PTS is required to obtain the written consent of an individual prior to using that individuals program information and/or identity for marketing, advertising, research, educational and/or other business purposes.
4. STATUS
a) It is understood and agreed that this is an agreement for the performance of services and that the relationship of the Parties to each other is that of independent A.8.a
Packet Pg. 272
contractors. This Agreement shall not be deemed to create a joint venture, partnership, principal-agent, employer-employee, or similar relationship between PTS and CLIENT.
b) PTS and CLIENT shall comply with all applicable statutes, ordinances and regulations of the State of California and the Unites States governing the performance of the Services.
5. CONFIDENTIALITY
“Confidential Information” shall mean any proprietary or non-public Confidential Information or materials which are owned or controlled by the Disclosing Party, both of which are disclosed under the following terms and conditions. “Disclosing Party” shall mean the party revealing or disclosing the Confidential Information. “Recipient” shall mean the party receiving the Confidential Information.
a) The Parties shall not disclose or divulge to any person or entity, except as provided below, any Confidential Information which either Party may reveal under this Agreement and shall not use said Confidential Information in any manner whatsoever, directly or indirectly, except as expressly permitted herein and solely in connection with the Worksite Wellness Program. The parties shall protect the confidentiality of and take all reasonable steps to prevent disclosure or unauthorized use of the Confidential Information.
b) Each Party shall have the right to disclose the Confidential Information to its officers, directors, employees, agents, subcontractors and consultants for the purposes authorized herein. Each Party shall, prior to disclosing the Confidential Information or portion thereof to any such person, issue appropriate instructions to them to ensure that such persons are aware of their obligation to comply with the confidentiality and use obligations and restrictions contained in this Agreement. c) The Recipient shall advise the Disclosing Party in writing in the event the Recipient becomes aware of any unauthorized dissemination, misappropriation, or misuse of Confidential Information by the Recipient and provide assistance to Disclosing Party to mitigate any damages caused thereby and to limit any further dissemination or misuse of the Confidential Information.
d) Confidential Information shall not include any data or information which:
i) is now generally known or readily available to the trade or public or which becomes so known or readily available without fault of Recipient; ii) is possessed by Recipient without restriction as to disclosure or use prior to its disclosure hereunder;
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.a
Packet Pg. 273
iii) is received independently from a third party who is free to disclose such information to the Recipient;
iv) is required as part of any court order or government regulation (provided that the Disclosing Party has been given sufficient written notice of such order or regulation to contest it); or,
v) is developed by Recipient independent of any Confidential Information of Disclosing Party and which can be proven by written records. e) The provisions of paragraphs 5.a) and 5.c) above shall survive the termination of this Agreement and shall continue until the Confidential Information is no longer confidential and/or proprietary.
6. INTELLECTUAL PROPERTY
The CLIENT acknowledges that PTS has custom designed the Services based on its education and experience in the wellness industry. The CLIENT agrees that all work produced in the development of the Services and all work product which PTS produces in performing the Services, or any component thereof, including, but not limited to publications, reports and other materials prepared by PTS (whether or not copyrighted or patentable), shall be the property of PTS. The CLIENT acknowledges that all copyright, rights to patents, trade secrets or other intellectual property in all such work and in the Services are the property of PTS.
7. FORCE MAJEURE
If the performance of this agreement or any of the obligations hereunder is interfered with in whole or in part by reason of any circumstances beyond the reasonable control of PTS, including but not limited to fire, explosion, power failure, acts of God, revolution, civil commotion or acts of public enemies, any applicable law, order, regula tion, ordinance or requirement of any government or legal body or labor unrest, including without limitation, strikes, slow downs, picketing or boycotts, then PTS shall be excused from such performance to the extent of such interference.
8. SUBCONTRACTS
PTS shall have exclusive right and responsibility for the selection of any and all service suppliers required for the performance of the Services hereunder. However, no modifications to the Services, whether to be provided directly by PTS or a subcontractor, sh all be made without the prior written consent of both parties (as to any such modification and/or addition), which consent shall not be unreasonably withheld.
A.8.a
Packet Pg. 274
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
9. INDEMNIFICATION
a). Except to the extent caused by the gross negligence or willful misconduct of CLIENT or any person or entity under its explicit direction or control, PTS will indemnify, defend, and hold harmless the CLIENT, its councilmembers, officers, employees, agents, successors, and assigns, free and harmless from any and all claims, damages, liabilities, losses, government proceedings, and costs and expenses, including reasonable attorney fees and costs of suit, arising out of any act or omission by PTS in the performance of this Agreement. b). Each party will give the other prompt written notice of any claim or suit possibly coming within the purview of any indemnity set forth in this Agreement. Upon the written request of an indemnitee, the indemnitor will assume the defense of any such claim, demand, action, or proceeding. The indemnitee shall also have the right to provide its own defense at its own expense, provided the indemnitee shall not settle any claim without the indemnitor’s consent unless it is willing to release the indemnitor from its obligation of indemnity hereunder.
c). PTS shall maintain for the life of this agreement the minimum scope of insurance set forth in schedule “D”.
d). The indemnifications set forth in this Section 9 shall survive the termination of this Agreement.
10. GENERAL TERMS
a). Complete Agreement: This Agreement, including Schedules “A,” “B” and “C” hereto, constitutes the entire understanding between the parties respecting the subject matter of this Agreement and supersedes any and all prior negotiations, correspondence, understandings and agreements between the parties respecting the subject matter of this Agreement. This Agreement shall not be modified except by a writing duly executed on behalf of the Party against whom such modification is sought to be enforced.
b). Waiver: No supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the party to be bound thereby. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly stated by the Party making such waiver.
A.8.a
Packet Pg. 275
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
c). Assignment: Neither this Agreement nor any rights or obligations hereunder shall be assignable by any Party without the prior written consent of the other Party. This Agreement shall ensure to the benefit of and be binding upon the Parties and their respective heirs, executors, administrators, successors and permitted assigns. d). Authority: Each Party represents and warrants in favor of the other that it has all necessary capacity and authority to enter into this Agreement and to carry out its respective obligations hereunder.
e). Notices: Any notice required or permitted to be given hereunder shall be in writing and shall be sufficiently given if delivered in person during normal business hours of the recipient on a business day or sent by first class mail, postage prepaid, or by facsimile as follows:
In the case of a notice to the PTS to:
Felicia Gomez
6011 N. Fresno St. Suite 120
Fresno, CA 93710
In the case of a notice to CLIENT to:
City of Hollister
David Mirrione, City Manager
375 5th Street
Hollister, CA 95023
and shall be conclusively deemed to have been given and to have been received on the following business day, if so delivered or sent by facsimile, and on the third business day following the mailing thereof, if so mailed (excluding each day during which there exists any interruption of postal services due to strike, lockout or other cause). Addresses for notice may be changed by giving notice in accordance with the foregoing.
A.8.a
Packet Pg. 276
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
a). Choice of Law: This Agreement shall be governed by the laws of the State of California, excluding its choice of law rules that may allow governance of the agreement by the laws of another state. Solely for the purposes of enforcing or interpreting this Agreement, the Parties agree to be subject to the personal jurisdiction of any court in the County of Fresno in the State of California with subject matter jurisdiction to enforce or interpret any of the provisions of this Agreement.
IN WITNESS WHEREOF, each party to this agreement has caused it to be executed on the date indicated above.
PINNACLE TRAINING SYSTEMS, LLC CLIENT
Authorized Signature Authorized Signature
Felicia Gomez, Ph.D. Owner David Mirrione, City Manager Print Name and Title Print Name and Title
A.8.a
Packet Pg. 277
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
SCHEDULE “A”
WORKSITE WELLNESS PROGRAM SERVICES
PTS shall provide the Services to the CLIENT as set forth below, upon the terms and conditions set forth in this Agreement. The CLIENT and PTS may only amend this Schedule, by a written agreement signed by both Parties, from time to time during the Term of the Agreement and/or any renewal period.
Option 1:
a) Employee questionnaire
b) Height, weight screening
c) Body composition testing
d) Blood pressure screening
e) Cardiovascular risk panel
f) A1C (diabetes risk) testing
g) Individual employee consultation
h) EKG monitoring and rest and exercise
i) Wellness coaching
Option 2: Includes Option 1 with the following:
j) Functional Movement Assessment (assess for injury prevention) k) Customized workouts based on FMS Assessment
Option 3: Mental Wellness Services:
l) Crisis hotline for family ($10/month) (includes a 1 month prescription for EMDR for 10% of Department)
m) Stand-alone monthly EMDR subscription ($69/person)
Customized Google Site with information on nutrition, fitness, injury prevention + updated monthly videos on wellness topics specific to first responders.
A.8.a
Packet Pg. 278
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
SCHEDULE “B”
PAYMENT
In consideration of the Services provided by PTS, the CLIENT shall pay PTS in accordance with the terms set forth below. The CLIENT and PTS may only amend this Schedule, by a written agreement signed by both Parties, from time to time during the Term and/or any renewal period. a.) The Consultant’s sole compensation for satisfactory performance of all services required or rendered pursuant to the agreement shall be a fix fee of:
$ 395.00 per person for Option 1; or $435 per person with the addition of Option 2 Services; Crisis hotline: $10/family/month (includes 1 month EMDR subscription for 10% of the Department; Stand alone EMDR: $69/month/subscription Cancellation fee: The City shall make a payment of $75 for any testing appointment cancelled less than 24 hours in advance or for a “no show” that cannot be replaced with another employee.
Minimum Tested: The City shall pay for a minimum of 16 individuals tested via a combination of each option. This quote is based on 2 back to back testing days.
City will only be billed for services rendered.
b.) The City shall make payment within 30 days after the Consultant has completed the services and the City has accepted the described services. All other services will be billed upon completion and will be billed according to services received. c.) Any balance of fees is due and payable at the end of the Term of this Agreement (as set forth in paragraph 3.a) above, unless terminated earlier pursuant to paragraphs
3.b)-c). In any case, CLIENT shall pay PTS all fees due hereunder not later than seven (7) days after (i) the end of the Term, or (ii) in the case of termination pursuant to paragraphs 3.b)-c), the termination date, whichever is sooner.
A.8.a
Packet Pg. 279
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
SCHEDULE “C”
WORKSITE WELLNESS INCENTIVES
Worksite wellness incentives shall be paid by CLIENT and/or PTS according to the terms set forth below. The CLIENT and PTS may amend this Schedule, by written agreement between the Parties, from time to time during the Term and/or any renewal period.
Incentive Amount: _____ TBD ____________________
Paid by: ______ Client - City will pay for any incentives Additional Terms:
A.8.a
Packet Pg. 280
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
Schedule “D”
Insurance Requirements for Professional Services
PTS shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
1. Professional Liability (Errors and Omissions) Insurance appropriates to the PTS profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If PTS maintains higher limits than the minimums shown above, the Client requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Hollister, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to PTS’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).
A.8.a
Packet Pg. 281
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
Primary Coverage
For any claims related to this contract, PTS’s insurance coverage shall be primary insurance as respects the City of Hollister, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Entity.
Waiver of Subrogation
PTS hereby grants to the City of Hollister a waiver of any right to subrogation which any insurer of said PTS may acquire against the City of Hollister by virtue of the payment of any loss under such insurance. PTS agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Hollister has received a waiver of subrogation endorsement from the insurer.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Hollister. The City of Hollister may require PTS to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
PTS shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Entity before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
A.8.a
Packet Pg. 282
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
Subcontractors
PTS shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and PTS shall ensure that City of Hollister is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
The City of Hollister reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
A.8.a
Packet Pg. 283
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
WELLNESS SERVICES AGREEMENT
A.8.b
Packet Pg. 284
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 285
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 286
A.8.b
Packet Pg. 287
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 288
A.8.b
Packet Pg. 289
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 290
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 291
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 292
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 293
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 294
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 295
THE SCIENTIFIC APPROACH TO YOUR SUCCESS
A.8.b
Packet Pg. 296
STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 6, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-235, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DENYING AN APPEAL FILED BY NATMAR, L.P. AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION’S DENIAL OF VESTING TENTATIVE MAP (TM 2022-1) AND DENSITY BONUS (DB 2023-3) FOR A SINGLE FAMILY
RESIDENTIAL DEVELOPMENT WHICH INCLUDES TWO OPTIONS - OPTION A IS A VESTING TENTATIVE MAP AND A DENSITY BONUS FOR A 22 LOT SINGLE FAMILY
RESIDENTIAL SUBDIVISION WITH ONE LOT RESERVED FOR A FUTURE CHILD CARE FACILITY; OPTION B IS A VESTING TENTATIVE MAP AND A DENSITY BONUS FOR A 22
LOT SINGLE FAMILY SUBDIVISION - LOCATED AT CIENEGA ROAD AND PROMISE WAY, FURTHER IDENTIFIED AS SAN BENITO COUNTY ASSESSOR PARCEL NUMBER 057-740- 001
BRIEF DESCRIPTION: The project Applicant, NATMAR, L.P., has filed an appeal of the Planning Commission’s decision to deny a Vesting Tentative Map (TM 2022-1) and a Density Bonus (DB 2023-3) for a single family residential development with 22 dwelling units.
RECOMMENDATION: Deny the appeal and uphold the Planning Commission’s denial of Vesting Tentative Map (TM 2022-1) and Density Bonus (DB 2023-3).
DEPARTMENT SUMMARY:
On September 28, 2023, NATMAR, L.P. (hereafter NATMAR) submitted an appeal of the Planning Commission’s decision to deny a Vesting Tentative Map (TM 2022-1) and a Density Bonus (DB 2023-3) for a single-family residential development located at Cienega Road and Promise Way (APN 057-740-001). Although the appeal was not filed within the required ten-day period (required by the Subdivision Map Act and the Municipal Code for maps), Staff is requesting that the City Council consider this appeal.
BACKGROUND:
On September 14, 2023, the Planning Commission reviewed the project during a noticed public hearing. The Planning Commission considered the project, reviewed the City Staff report, and received written and oral testimony for and against the proposal during the meeting including an email sent prior to the meeting to the Planning Commission from the Appellant. The project Applicants spoke during the meeting in favor of the project.
The Planning Commission meeting can be viewed on the City’s YouTube Channel at https://www.youtube.com/watch?v=zb7jYCflFHA (starting at minute 4). After closing the public hearing and deliberating on the project, the Planning Commission adopted Resolution No. 2023- 29 with a vote of 4-0-0-1 (Commissioner Belong was absent).
E.1
Packet Pg. 297
The Applicant (NATMAR) had requested approval to subdivide an existing 2.172-acre lot located at Cienega Road and Promise Way (APN 057-740-001) for a single family residential development. Two options for development were proposed by the applicant as part of the tentative map/density bonus request. Option A included 21 market rate single family detached dwelling units with one lot reserved for very-low income households (Lot 22 on the map) with one lot reserved for a child care facility. Option B was a single family development with 21 market rate dwelling units and one dwelling unit reserved for very-low income households.
Previous application submittals indicate that an Accessory Dwelling Unit and Junior Accessory Dwelling Unit would be constructed for each lot.
The proposed project is located at Cienega Road and Promise Way. The site is currently vacant and is divided by a portion of Promise Way which has left a small remainder parcel on the eastern portion of the project site. The site is bordered by single family residential to the north and east, low density residential/agriculture to the west and San Benito Road and County land to the south. The location of the project site is shown in Figure 1.
Figure 1: Project Site and the Surrounding Area
Details regarding the project can be found in the September 14, 2023 Planning Commission Staff Report included as Attachment 2.
Following the denial of the project by the Planning Commission, the Applicant for the project, NATMAR, filed an appeal on September 28, 2023.
APPEAL ANALYSIS:
The Appeal filed by NATMAR includes several reasons for filing the appeal (Attachment 1). In order to assist the City Council, Staff has broken up the discussion of the appeal into the main appeal points made by the Appellant and Staff has prepared a summary response. For further detail, please refer to the Appeal Form and Letter submitted on September 28, 2023.
E.1
Packet Pg. 298
Appeal Point 1: The Staff Report was not provided to the Applicant (please see page 1 and the first three bullet points under item 1 of Attachment 1).
Staff’s Response: The Appellant refers to a letter received September 13 from the City and questions why a Staff Report was not included in this letter. This letter was sent in response to the Applicant requesting a Study Session and noting that the Appellant would need to formally request an extension of the project in order to go to a Study Session. Furthermore, it is the City’s practice to provide Staff Reports and attachments electronically unless requested otherwise. The applicant did not request an alternative form in which to receive the staff report.
The following letters were sent to the Appellant prior to the meeting:
• August 24, 2022 – A Notice of Incompleteness was sent to the Applicant (Attachment 5, letter only) noting items that were missing and required for a complete review of the project. This incomplete letter also noted that an application and plans for a childcare facility would be required and concerns regarding the proposed width of the street.
• October 25, 2022 – A Notice of Incompleteness was sent to the Applicant (Attachment 6, letter only) noting items that were missing and required for a complete review of the project. This incomplete letter also noted that an application and plans for a childcare facility would be required, and there were concerns regarding the proposed width and length of the streets.
• July 6, 2023 – Email with comments from the Fire Prevention Bureau (Attachment 9) was sent to the Applicant which stated that the project did not comply with the Fire Code.
• August 4, 2023 – As required by California Environmental Quality Act (CEQA), a determination on CEQA for the project was sent to the Applicant. This letter noted that due to non-compliance with the Fire Code that the project would require further CEQA review. Staff gave the Applicant the option to request an extension for review of the project if the Applicant would like to make modifications or continue to work on the project.
• August 15, 2023 – A Memo from Recology, the City’s waste service provider, regarding the project was sent to the Applicant. The Applicant had requested Recology to review their previous project determination that Recology would be unable to provide “front door service” and would require waste receptacles to be located on Cienega Road. Recology reviewed the request and additional information provided by the Applicant and determined that they would be unable to provide any waste services to the project (Attachment 8).
• August 30, 2023 – A letter was sent to Applicant noting that the project would be scheduled for review by the Planning Commission during a special meeting on September 14, 2023 as required by the Subdivision Map Act, since no request for an extension was received.
• September 11, 2023 – A follow-up letter to an email request from the Applicant was sent.
The Applicant requested a Study Session for the project, however, no request for an extension of the review of the Application was submitted. Staff informed the Applicant that unless a request for an extension of the review period was received that Staff was required to move forward with a hearing as required by the Subdivision Map Act.
Numerous emails were exchanged regarding this project in addition to the letters noted above.
E.1
Packet Pg. 299
As required, the Applicant was provided with a mailed public notice ten days prior to the meeting and the description of the project and meeting date and time was published in the newspaper.
On September 11, 2023, a copy of the Agenda for the September 14, 2023 Planning Commission was sent via email to the Applicant from the Planning Division (the Applicant did not request a mailed copy). The notice also included a link to the City’s website and notified the Applicant that the full agenda packet (including the Staff Report for the Applicant’s item) could be accessed via the City’s website. In accordance with the requirements of the Brown Act, the Agenda included a description of the project and was posted in a publically accessible place.
The full Agenda Packet (including all Staff Reports) was posted on the City’s website.
Appeal Point 2: The Planning Commission failed to perform their required tasks as required by Section 16.36.070(C) of the Municipal Code (please see page 1 and bullets 5-7 under item 1 of Attachment 1).
Staff’s Response: The Applicant emailed a detailed letter on September 12, 2023 with 29 attachments to each Planning Commissioner. This letter was then forwarded to Staff on September 14, 2023 at 4:00 PM. The Planning Commission is tasked with reviewing comments for an against a project, however, the Planning Commission is not required to ask questions or provide comments regarding emails or letters received.
The Planning Commission asked questions during the public hearing, received testimony from both Applicants as well as the public, and discussed the project. The Planning Commission is not required to re-open a Public Hearing (after closing the comment portion of a meeting) to allow for further testimony.
The Planning Commission reviewed the project and ultimately found that the project did not comply with the requirements of the City, and adopted a Resolution denying the project with the findings required by the Housing Accountability Act. No proof or documentation has been provided by the Appellant which shows that the Planning Commission failed to comply with the requirements of Section 16.36.070, Action by Planning Commission, of the Subdivision Ordinance.
Appeal Point 3: The Planning Commission is required to determine the suitability of the project in accordance with the requirements of Section 16.36.070(D) (please see last bullet point on page 1 of Attachment 1).
Staff’s Response: No information from the Appellant was provided regarding how the Planning Commission failed to conform with this requirement. Detailed information regarding Staff’s concerns with the project was provided in the Staff Report and was presented at the meeting by the Planning Division and the Fire Prevention Bureau. The Planning Commission asked questions regarding the project and discussed concerns and comments when appropriate. After their review of the project record, at a publically noticed meeting, during a public hearing, the Planning Commission determined to deny the project, and made the necessary findings of denial.
Appeal Point 4: Section 16.36.070(E) allows the Commission to approve a project with conditions or continue the matter (please see the first bullet point and discussion starting on page 2 of Attachment 1).
Staff’s Response: The referenced Section of the Municipal Code states:
“The commission shall then approve, approve with conditions or disapprove [emphasis added] the tentative map. If the commission considers it necessary that there be E.1
Packet Pg. 300
changes to the map, covenants or other submittals that cannot be covered by conditions or that additional information is needed for a decision, it shall continue the matter to a subsequent meeting of the commission; provided, that such deferred meeting is not more than 50 days after submission of the map. Should the subsequent meeting be later than such 50 days, the subdivider must concur in the delay. If the subdivider does not concur, the map may be disapproved.”
This Section of the Municipal Code in no way requires the Planning Commission to approve or continue the review of a Map.
The Resolution for denial contains the reasoning for the denial of a residential project in accordance with the requirements of the Housing Accountability Act. No other discussion is required or warranted.
Appeal Point 5: “Fire apparatus vehicles can safely enter and back out from all alleys without requiring a drive-through or turnaround” (please see comment 2 on page 2 of Attachment 1).
Staff’s Response: The Appellants’ contention that the project meets the requirements of the Fire Code because a fire truck could drive into a development and park at 141 feet is incorrect and is not based on any provisions of the Fire Code.
Section 503.2.5. of the Fire Code states:
“Dead-end fire apparatus access roads in excess of 150 feet (45,720 mm) in length shall be provided with an approved area for turning around fire apparatus.”
Section D103.4, Dead Ends, of the Fire Code states:
“Dead-end fire apparatus access roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4.”
Table D103.4 of the Fire Code also states that a turnaround is required for roads which are over 150 feet in length.
Requirements for turnaround design are shown in Figure 2.
Figure 2: Fire Code Requirements for Turnaround (Figure D103.1 of the Fire Code)
E.1
Packet Pg. 301
The proposed project has dead end streets with no turnaround. Two of the three streets are longer than 150 feet (see Attachment 3). Despite the Appellant’s contention that the fire trucks can drive 141 feet into the proposed road and then their vehicles would be less than 150 feet away from the furthest point of a structure in the development, the Fire Code does not allow for dead end roads without a proper turn-around longer than 150 feet. The code does not state that a fire truck should drive any certain distance down a road before the dead end, and then calculate the road length from where the fire truck stops. This is the Appellants’ own determination and not based on the requirements of the Fire Code. The Fire Code was developed to ensure life safety with regards to fire access and safety of the driver of the fire truck as well as cars and pedestrians in the vicinity. The Fire Code specifically requires a turnaround to be provided with one of the approved turnarounds shown in Figure 2 above, with no exceptions, where a street that is longer than 150 feet results in a dead end. Two streets within this development are longer than 150 feet. The fire apparatus road serving Lots 1-10 is approximately 202 feet long. The fire apparatus road serving Lots 11-17 is 165 feet long. The Fire Code requires both of these streets to provide an approved turnaround (as shown in Figure 2 above). The plans show a dead end at both of these roads and therefore the project does not comply with the Fire Code.
Furthermore, the Fire Chief and Fire Marshall have determined (and informed the Appellant on several occasions) that the layout of the development does not comply with the Fire Code.
Appel Point 6: “A 150 feet length of fire hose can reach all sides of a proposed buildings from a fire apparatus vehicle parked in an alley 141 feet off Cienega Road.” (please see item 3 on page 2 of Attachment 1).
Staff’s Response: Again, the Appellant is interpreting the Fire Code to the advantage of the project. The Fire Code requires a turnaround for safety. The Code does not allow for fire trucks E.1
Packet Pg. 302
to somehow know where the 150 mark ends or stop at 150 feet down a dead end road to serve the development and avoid backing out further than 150 feet. Access roads are required to provide adequate fire services and to allow for fire trucks to safely enter and exit a development.
The turnaround requirements ensure that fire vehicles can safely and quickly exit a development without lengthy periods of reversing vehicles. Emergency vehicles are often large, so backing up long lengths of road, presents danger to the drivers, passengers, and surrounding vehicles, pedestrians, and objects. Additionally, emergency vehicles often need to leave one site of emergency to attend to another emergency. Slow, safe reversing down long traverses of road, causes unnecessary delays in response times. This is the reason for the 150-foot turn around requirement in the Fire Code. The Appellant is trying to manipulate the requirements of the Code in order to allow the layout of the project to continue as proposed rather than modifying the project to comply with the requirements of the Fire Code.
The Fire Prevention Bureau is tasked with reviewing projects as part of the City’s Development Review Committee (DRC) review of a project. The Fire Marshall reviews all projects and informs applicant’s if any portion of the design of their project is inconsistent with the Fire Code. In most cases, applicants do revise the layout of their projects to comply with comments made by the Fire Marshall (in several recent incidents, this has led to a major redesign of projects). In this case, the Applicant will not modify the layout of the project and instead contends that they know more about the Code than the Fire Marshall. The Fire Marshall has determined (and informed the Appellant on several occasions) that the layout of the development does not comply with the Fire Code.
Appeal Point 7: “There is no impediment to Recology trucks entering each alley and picking up waste carts from the front of all homes.” (please see item 4 on page 2 with discussion continuing onto page 3 of Attachment 1).
Staff’s Response: Recology is a separate entity from the City and has their own requirements for project design. As part of the City’s DRC review, Recology also reviews the proposed waste plan for all projects to ensure compliance with their requirements as well as State Law.
During the first review of the project, the Appellant was notified by Recology that Recology would be unable to provide “front door service” and would instead pick-up waste receptacles on Cienega Road only. In comments to the Applicant, Staff noted concerns with pick-up on Cienega Road.
Recology has indicated that for safety reasons, trucks cannot back up long distances. The Appellant notes that with a 30-foot-wide road that a turnaround is not necessary (page 3 of the April 2023 Guidelines). The Appellant is trying to manipulate the requirements of Recology by ignoring the requirements that apply to this project. The statement that the trucks can provide service and no turnaround is required is not based on facts. Furthermore, page 3 of the Recology’s Guidelines state:
“Any drive path that requires distances of greater than 150 feet must provide a turnaround area that accommodates the truck turning radius of 40 feet.”
No turning radius is provided for the project and the internal roadways have a dead-end at the end of the road. The project does not comply with Recology’s requirements, despite what the Appellant has claimed.
The Appellant notes that Recology trucks were seen entering and exiting the Saddlebrook development. Despite the Appellant’s contention that Saddlebrook has the same layout and dimensions as this project, this is not true. A review of the Final Map for Saddlebrook shows that E.1
Packet Pg. 303
the internal roads with a dead ends have a street length of less than 150 feet (length varies with the longest being 148 feet).
It is important to note, however, that even if the Saddlebrook development (approved in 2015) or any other development was previously approved, that the City is not compelled to approve a development that is the same as or similar to a previously approved projects. Code requirements, General Plan requirements, and other guidelines change over time and the City is required to review a project for its conformance to the current requirements. Please note that the Appellant references videos of Recology trucks, however, those videos were not provided to the City.
Additionally, the Appellant requested Recology re-review their determination on their project and provide front door service. On August 10, 2023 Recology sent a response noting that their guidelines would not allow for service within the development and that based on other concerns raised by the City, would not provide waste services (at all) to the development (Attachment 8).
Appeal Point 8: “Issues related to waste carts along Cienega Road” (please see item 5 on page 3 of Attachment 1).
Staff’s Response: The Appellant refers to photos of the Saddlebrook development showing that waste receptacles were orderly placed for pick-up. No photos were provided.
The proposed pick-up of this project is different that pick-up at Saddlebrook. Saddlebrook has “front door service” in that a homeowner places their three waste receptacles in front of their house. In the case of the NATMAR development, Recology has stated in writing that their garbage trucks will not travel down the internal roads for pick-up (as discussed above, the dead end roads in Saddlebrook are less than 150 feet in length and meet Recology’s requirements).
In their Appeal, NATMAR ignores Recology’s determination that they will not serve the development and instead states that there is no issue because the trucks can just pick-up from the front of each house. Recology has stated in writing several times that they will not do this despite the Appellant’s insistence that they will.
For the NATMAR project, Recology has stated that they will not serve the development at all (Attachment 8). In the Planning Commission Staff Report dated September 14, 2023 (Attachment 2), staff outlined concerns regarding the placement of cans for pick-up on Cienega Road in the event that Recology reverses their decision and will serve the development from Cienega Road (again internal service cannot be provided because the layout does not meet their design requirements). Please refer to pages 6 – 7 of Attachment 2 for a detailed discussion of the concerns of Staff related to 66-198 cans being placed on Cienega Road for pick-up.
Please note that the lack of waste services for a development is a significant impact. No waste pick-up would mean that residents of the development would be required to store their own waste on site and dispose of it themselves. Section 8.12.020 of the Municipal Code requires residents to enter into a contract with the City’s waste service provider for pick-up of all waste and Recology has notified NATMAR and the City that they will not serve the development.
Appeal Point 9: “Additional Conditions of Approval” (please see item 6 on page 3 of Attachment 1).
Staff’s Response. The proposed conditions by the Appellant are irrelevant. Fire trucks stopping in the alley before the 150-foot mark does not invalidate the Fire Code requirement (Section 503.2.5) that fire apparatus roads which are longer than 150 feet require an approved turnaround. There are no exceptions to these requirements in the Fire Code.
E.1
Packet Pg. 304
Furthermore, the conditions requiring specific homeowners to put their waste receptacles in front of another property are invalid in that the design of the project does not meet Recology’s Guidelines and Recology has stated that they will not serve the development (Attachment 8).
Appeal Point 10: “The density bonus request was nowhere discussed, but was denied.” (please see item 7 starting on page 3 and continuing on page 4 of Attachment 1).
Staff’s Response: The density bonus request relies on the approval of the tentative map.
Section 17.34.030 of the Zoning Ordinance states that “to be eligible for a density bonus… a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of the Hollister Municipal Code…” As previously discussed, the development does not meet the requirements of the Municipal Code.
In order to provide some background discussion on the density bonus, Staff provided a discussion of the two options for a density bonus on pages 4-6 of the Planning Commission Staff Report (Attachment 2). Additionally, Staff included the discussion of the density bonus in the presentation to the Planning Commission (starting at minute 8.45 of the YouTube recording).
With regards to the childcare facility, staff has repeatedly informed the Applicant that an application for a childcare facility is required to be submitted along with project plans (Section
17.34.100(H) of the Zoning Ordinance) if the density bonus includes an incentive for a childcare facility. The reason for this is to ensure that all of the requirements for a density bonus related to a childcare facility can be met and to ensure that the facility can be constructed. New commercial construction in any zoning district requires the submittal of an application for Site & Architectural Review, and an application for a childcare facility in conjunction with a density bonus request also requires a Site & Architectural Review application. Additionally, it is noted that a Conditional Use Permit is required for a commercial child day care facility within the Low Density Residential Zoning District, regardless of whether it is associated with a density bonus application (Section 17.04.020 of the Zoning Ordinance).
The Appellant notes that the density bonus included a request for a childcare facility in the original submission in July 2022. That is correct and Staff has notified the Appellant after each submittal that an application for a Site and Architectural Review and Conditional Use Permit was required in order to ensure that the childcare facility was consistent with the requirements of the State Density Bonus Law and Chapter 17.34, Density Bonus, for density bonus childcare facilities.
The Appellant has refused to apply for the required applications and submit necessary materials for review.
The Appellant contends that Staff has never indicated if there was support for a childcare facility. This is false. The Appellant has been told that Staff is supportive of a childcare facility if it meets the requirements of the Zoning Ordinance. In fact, in a letter dated October 25, 2023 (page 5 of Attachment 6) Staff stated:
“Staff is supportive of a Childcare Facility in this location that meets the requirements of the Municipal Code related to site layout and design and meets the following requirements, as required by Government Code Section 65915(h)(2).”
In order to evaluate the childcare facility for compliance with these requirements, plans and an application for the facility are required to be submitted. This submittal requirement has been relayed to the Appellant on several occasions and is also noted as being required by Section
17.4.100(H), Density Bonus Application, of the Zoning Ordinance.
E.1
Packet Pg. 305
Appeal Point 11: “The project is consistent with prior layouts approved by Planning.” (please see item 8 on page 4 of Attachment 1).
Staff’s Response: The Appellant has consistently stated that this project is the same or similar to previously approved developments and therefore should be approved as proposed. Even if this project is the same as a previously approved development, the City is not compelled to approve a layout which does not meet the requirements of the Municipal Code, General Plan, Fire Code, Building Code, or other adopted regulations or requirements.
However, in this case, the Appellant brings up specific projects which they believe they are the same as their project - which is not the case. In response to the Appellants’ contention that their project was the same as several previously approved projects, the Fire Marshall prepared a presentation to the Planning Commission which included his findings regarding the projects noted by NATMAR (Attachment 9 and starting on minute 19.52 of the YouTube recording). In his presentation, the Fire Marshall outlined why those particular projects conform to the Fire Code.
In the Appeal, the Appellant notes that the project has the same layout as the KB Homes cluster lot development and the Saddlebrook development. This is not true.
For the KB cluster lot development, ten homes cluster around an internal drive. At the end of each drive is a hammerhead which serves four of the ten homes. The full length of the drive aisle is 135 feet from the public street to the houses at the end. However, the internal drive aisle comes to a T (or a hammerhead) at 113 feet. This hammerhead allows fire trucks to enter in, back up a short distance, and then pull forward out of the development. The KB Cluster Lot development conforms to Section 503.2.5 and D103.4 of the Fire Code.
In the case of Saddlebrook, as previously discussed, the dead ends are less than 150 feet, as required by the Fire Code, where the main internal drive is longer, a large hammerhead is located at the end which provides more than adequate space to allow fire trucks to enter in, back up a short distance, and then pull forward out of the development. The Saddlebrook development conforms to Section 503.2.5 and D103.4 of the Fire Code.
Appeal Point 12: “Intentionally misleading and deceitful processing and failure to follow procedural requirements.” (please see item 9 on pages 4-5 of Attachment 1).
Staff’s Response: The permit has been processed in accordance with the requirements of the Permit Streamlining Act. During the last review of the project, there was an inadvertent error in which the incomplete letter (although noted as being part of the email) was not attached.
Because of this the Application was deemed complete.
The missing information in no way would have changed Staff’s recommendation regarding this project. Despite offering to work with the Appellant, the Appellant in no way has been willing to work with the City nor to address design comments and concerns noted by the City.
The Permit Streamlining Act does not require a City to submit design comments, non- compliance with the General Plan or Municipal Code until the application is deemed complete.
This is because full and complete comments cannot be provided until all of the required information is provided or due to design or layout modifications during the planning process.
Even though the application was not complete, concerns with the street layout (width and length) were noted by Staff and Recology in incomplete letters sent to the Applicant on August 24, 2022 and October 25, 2022. In both incomplete letters sent to the Applicant on those dates, E.1
Packet Pg. 306
a number of items were identified as being necessary in order to complete our full review of the project.
In an email to the Appellant on July 6, 2023, Planning included a Memorandum from the Fire Prevention Bureau which states that the project did not comply with the Fire Code. This comment was received in compliance with the Permit Streamlining Act. No concerns with life safety were invented by Staff or the Planning Commission, as the Appellant has claimed. As previously discussed, Fire Code Section 503.2.5, prohibits a dead end street where the length of the street is greater than 150 feet. There are no exceptions to this requirement. The Appellant does not want to comply with this requirement.
Mark Falgout, Acting City Engineer at the time, did not approve the layout as proposed in October 2022. The Appellant has contended this, but Planning disagrees with their interpretation of the comments made during the City’s DRC meeting. During the meeting, Mark Falgout did question whether or not the layout of the project was consistent with the Fire Code.
Additionally, in their review of the project (and included with the August 24, 2023 Incomplete Letter), the Engineering Division included comments related to the design of the streets and asked for modifications. Additionally, the Engineering Division is not the authority on Fire Code determinations. That authority falls to the Fire Marshall, whose comments were provided to the Applicant through the review process, provided as part of the Planning Commission Staff Report, and have been described in this staff report as well.
Appeal Point 13: “What to do now?” (please see item 10 on page 5 of Attachment 1).
Staff’s Response: The project does not comply with the Fire Code, General Plan, or Municipal Code. Findings for denial were made as required by the Housing Accountability Act. Staff recommends denial of the appeal as discussed above and as stated in the findings, and that the City Council uphold the Planning Commission’s denial of the project.
CEQA:
In accordance with the California Environmental Quality Act (CEQA), the City performed a review of the project to determine if further review would be required. Due to the fact that there is a potential significant impact related to life safety and the ability of the City to adequately serve the development with respect to Police and Fire services, staff determined that a Mitigated Negative Declaration or Environmental Impact Report would be required to fully evaluate the project.
Because the preparation of these documents is costly and because staff does not recommend approval of the project due to the above stated concerns, Staff recommends that the City Council deem the project exempt from further review under Section 15270, Projects Which Are Disapproved.
CONCLUSION:
The proposed project is inconsistent with the Hollister General Plan. The Hollister General Plan seeks to allow for well-designed residential developments that provide adequate circulation, utilities, and are able to be served the City – including adequate emergency services. As discussed above, the proposed layout of the site will not allow the City to provide adequate emergency responses including emergency fire services to several of the houses within the development. Emergency calls that require the Fire Department to also provide medical services could be delayed by requiring Fire Trucks to park on Cienega Way instead of in front of the house (due to the length of the internal roadways). Furthermore, the project does not comply with Section 503.2.5 and D103.1 of the Fire Code.
E.1
Packet Pg. 307
As designed, the internal streets are too long and do not allow fire trucks to safely exit the development, because there is no turnaround within the development. General Plan Policy CSF4.12 requires new developments to be designed to minimize risks to life and property and this property would increase risks to life and property because the Fire Department has noted that they will not be able to adequately serve all of the residents of this development. As designed, the street layout/design does not meet the requirements of the Fire Code and will result in unsafe living conditions for the residents.
Recology has determined that they will be unable to serve the development which means that there would be no waste services for the development. The Municipal Code requires property owners to contract with the City’s service provider for waste pick-up.
The Appellant has not provided any evidence on how the project conforms to the requirements of the Municipal Code, General Plan, or Fire Code.
FINANCIAL IMPACT: A determination on the appeal will not result in a direct financial impact to the City.
ATTACHMENTS:
1. 1A. Appeal Application
2. 1B. Appeal Statement
3. 2. Staff Report_TM 2022-1, DB 2023-3_Denial
4. 3A. Vesting TMap Plots Option A
5. 3B. Vesting TMap Plots Option B
6. 4. Resolution_TM 2022-1, DB 2023-3
7. 5. Incomplete Letter dated August 24, 2022 (without attachments)
8. 6. Incomplete Letter dated October 25, 2022 (without attachments)
9. 7. Memo from Fire with Comments
10. 8. Recology Letter dated August 10, 2023
11. 9. Fire Presentation (at Planning Commission Meeting)
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH THE
STAFF RECOMMENDATION
David Mirrione, City Manager
E.1
Packet Pg. 308
RESOLUTION NO. 2023-235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER DENYING AN APPEAL FILED BY NATMAR, L.P. AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION’S DENIAL OF VESTING TENTATIVE MAP (TM 2022-1) AND DENSITY BONUS (DB 2023-3) FOR A SINGLE FAMILY RESIDENTIAL DEVELOPMENT WHICH
INCLUDES TWO OPTIONS - OPTION A IS A VESTING TENTATIVE MAP AND A DENSITY BONUS FOR A 22 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION WITH ONE LOT RESERVED FOR A FUTURE CHILD CARE FACILITY; OPTION B IS A VESTING TENTATIVE MAP AND A DENSITY BONUS FOR A 22 LOT SINGLE FAMILY SUBDIVISION -
LOCATED AT CIENEGA ROAD AND PROMISE WAY, FURTHER IDENTIFIED AS SAN BENITO COUNTY ASSESSOR PARCEL NUMBER 057-740-001
WHEREAS, the Applicant, NATMAR, L.P., submitted an application for Vesting Tentative Map 2022-1 and Density Bonus 2023-3 for a single family residential development located at Cienega Road and Promise Way (APN 020-170-041); and
WHEREAS, the project was deemed complete on July 6, 2023; and
WHEREAS, the Applicant was notified on multiple occasions that there were life safety and other concerns regarding the proposed project; and
WHEREAS, the City determined that a Negative Declaration or Environmental Impact Report would be required to be prepared pursuant to California Environmental Quality Act (CEQA) and CEQA Guidelines if the project was approved as proposed due to concerns over life safety, emergency services, fire suppression, and police enforcement; and
WHEREAS, pursuant to CEQA Section 15270, projects which are disapproved are not subject to the requirements of CEQA; and
WHEREAS, the City of Hollister’s Development Review Committee (DRC) reviewed the project and their considerations were presented to the Planning Commission as part of the Staff Report and the Conditions of Approval for the project; and
WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending denial of the Vesting Tentative Map and Density Bonus; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2023 to consider Vesting Tentative Map 2022-1 and Density Bonus 2023-3, review the City Staff Report, and receive written and oral testimony for and against the proposal; and
WHEREAS, after closing the public hearing and deliberating on the project, the Planning Commission adopted Resolution No. 2023-29 denying a Vesting Tentative Map (TM2022-1) and Density Bonus (DB 2023-1) on September 14, 2023; and
WHEREAS, the decision of the Planning Commission was appealed by the project Applicant, NATMAR, L.P. on September 28, 2023; and
WHEREAS, Section 16.08090, Appeals, of the Subdivision Ordinance and Government Code Section 66452.5(a)(2) of the Subdivision Map Act, an appeal must be filed within ten days of the decision of the Planning Commission on a tentative map; and
WHEREAS, the Appeal was required to be filed on September 25, 2023 and the Appeal was filed after the required ten-day period on September 28, 2023; and E.1
Packet Pg. 309
WHEREAS, Staff is recommending that the City Council hear the appeal even though it was not submitted in a timely fashion; and
WHEREAS, the City Council allowed the Appeal to move forward; and
WHEREAS, a staff report dated November 20, 2023 was submitted to the City Council analyzing the appeal; and
WHEREAS, the City Council considered the appeal at a noticed public hearing on November 20, 2023, during which all interested parties had the opportunity to be heard.
NOW THEREFORE IT IS RESOLVED that the City Council of the City of Hollister denies the Appeal of the project by the Applicant, NATMAR, L.P., and affirms the Planning Commission’s denial of a Vesting Tentative Map (TM 2022-1) and Density Bonus (DB 2023-3).
BE IT FURTHER RESOLVED that the City Council adopts the following findings for denial of the appeal as supported by a preponderance of evidence on the record and that no mitigations or conditions can be placed on the project so that the project complies with the General Plan, Municipal Code, and Fire Code as required by the Housing Accountability Act:
A. The project is not consistent with the goals and polices of the General Plan, any applicable Specific Plan and any applicable design guidelines because:
1. The layout of the site will not allow adequate access for fire and emergency services. General Plan Policy CSF4.12 requires new developments to be designed to minimize risks to life and property. The project, as designed, does not allow for adequate emergency services including fire suppression and does not meet the requirements of the Fire Code. This is a significant impact.
2. Goal LU4 requires “safe and functional streets.” As proposed, the internal roadway system does not allow fire trucks to enter into the development to provide emergency services. Fire trucks will need to be parked on Cienega Road and hoses stretched to each house. Furthermore, the Fire Code Section 503.2.5 prohibits access roads with a dead end which are longer than 150 feet unless approved turning space, as noted in Section D103.4 of the Fire Code, is provided. Two internal access roads within the proposed development will be longer than 150 feet and will terminate a dead end which would not allow fire trucks to turnaround and therefore the project does not comply with this requirement of the Fire Code.
3. Recology, the City’s waste collection service provider, determined during the first review of the project that they would be unable to provide service on the internal roadways and trash cans would be required to be placed on Cienega Road.
Additionally, the placement of cans on the streets would likely create significant impacts to circulation due to improper placement on Cienega Road (both in front of the development and on parcels surrounding the development due to the area necessary to support the receptacles) and the location of cans within the site distance needed for entering and exiting the development.
4. Upon further review of the project and the total number of cans that would be required to be placed on Cienega Road, Recology submitted a letter to the City on August 10, 2023 informing the Planning Division that Recology would be E.1
Packet Pg. 310
unable to provide waste services to the development based on the design.
Recology’s requirements (page 3 of Recology’s Guidelines for new development) requires a “Any drive path that requires distances of greater than 150 feet must provide a turnaround area that accommodates the truck turning radius of 40 feet.” The project does not comply with this requirement and Recology has notified the City that they are unable to approve service based on the design of the project. This means that residents of the development would not have waste services. This is a significant impact.
5. Goal LU8 seeks to ensure that new developments are compatible with and “maintain the stability of existing neighborhoods.” If Recology determined in the future that service could be provided on Cienega Road, the project would not meet the requirement of this Goal. The proposed project is a 22-unit single-family residential development. The Applicant has indicated that each house could also include an ADU and JADU, for a potential total of 66 units. Even if a JADU and ADU is not proposed at this time, property owners would still be able to include these units as allowed by State Law in the future. Each unit will require a minimum of three waste receptacles (trash, recycling, and organics), totaling 198 cans (if all units have their own garbage service). The current standard sizes for trash cans (32 gallon) is 19 inches wide, organics is 24 inches wide, and recycling is 30 inches wide. Each can must be placed a minimum of 18 inches apart. This means that if every house includes a JADU and ADU, each lot would require a total 32 feet on Cienega Road for can placement (if perfectly placed on Cienega Road). If there are only three cans per house, each house would still require approximately 11 feet on Cienega Road and there is likely less than 360 feet of frontage on Cienega Road (to ensure cans are located out of all required open areas for vehicle sight distance and to ensure that the cans are not placed too close to the corner at Cienega Road and Promise Way) which would require each house to perfectly place cans on Cienega Road to ensure that there is adequate space, which is highly unlikely to occur. If there are more than three cans per house, there would not be enough room on Cienega Road to support to project. This could lead to cans placed in front of other properties, located outside of development, and cans placed haphazardly on the street due to a lack of room. Therefore, the proposed project does not conform to Goal LU8.
6. If service cannot be provided, the project would not conform to Goal LU8 because waste services would not be provided. Furthermore, the City’s Municipal Code requires each development and resident to be served by the City’s waste provider. Recology has stated that they are unable to approve the waste plan for this development.
B. The Project does not conform to the requirements of the Municipal Code because:
1. Section 8.12.020 of the Municipal Code requires each development and resident to contract with the City’s waste provider for pick-up of waste. Recology stated in a letter dated August 10, 2023 that they are unable to approve the development for services as proposed and therefore the project will not have waste pick-up as required.
2. The development does not comply with the requirements of Chapter 15, Building Code, of the Municipal Code because the project does not comply with the adopted Fire Code.
E.1
Packet Pg. 311
3. The project does not meet the requirements of Title 16, Subdivision Ordinance.
Section 16.08.080 does not allow for project approval where approval of the project is “contrary to the public health or safety” which the design of this project is because it does not meet the requirements of the Fire Code for fire apparatus design. The project also does not comply with design requirements for streets in Section 16.20.020.
4. Section 17.34.030 of the Zoning Ordinance requires housing developments to comply with all provisions of the Municipal Code. The Density Bonus relies on approval of the Tentative Map. This project does not comply with the Municipal Code, as identified above, and the City Council has denied the Vesting Tentative Map and therefore the Density Bonus is also denied in conformance with Section
17.34.030.
C. The Project, will have a specific, adverse impact on public health or safety because:
1. Fire Trucks cannot travel down the internal roadways due to the fact that there is inadequate space for the trucks to turn around and because the roadways to not connect to another street for exiting. Fire trucks are unable to reverse down a street to back out of a development. This means that fire trucks will be unable to park in front of a house which requires emergency services and trucks will need to park on Cienega Road to provide emergency services.
2. Section 503.2.5 of the Fire Code prohibits fire access roads in excess of 150 feet which result in a dead end. The internal roads into the development are fire access roads and provide access to the residents of the development. Two fire apparatus roads are longer than 150 feet. The project does not comply with the Fire Code.
3. The turnaround for fire trucks is required to allow fire trucks to safely enter in and exit the development without backing up a long distance down the road and then onto the public street. Based on the layout, fire trucks may need to park on Cienega Road, for safety, to provide services. If this occurs, there is the potential that there will be homes that cannot be adequately protected during a fire. This is a significant impact to safety, life, and the protection of structures in the City. The proposed layout and design of the streets and lots within the development does not meet the requirements of the Fire Code and the Fire Marshall has not approved the design as proposed.
4. Although Recology determined that they would be unable to serve the development as proposed, if Recology later determined that they would provide services on Cienega Road, trash pick-up on Cienega Road has the potential to impact safe circulation in the area. Due to the length of space needed to provide space for a minimum of three waste receptacles per house (there will likely be more if there is a JADU or ADU), cans are likely to be placed haphazardly on the road and within the required sight distance at the internal roadways and at the corner of Cienega Road and Promise Way which is necessary to allow for safe entering and exiting from the development.
5. The ability to locate cans on Cienega Road would require the City to enforce no parking on the east side of Cienega Road (at the development) in order to ensure there is space to locate trash cans. The Police Department has indicated that they do not wish to enforce a no parking zone on a small area on Cienega Road. In order to allow for can placement at Cienega Road the night before and pick-up E.1
Packet Pg. 312
after work/in the evening, the City would have to impose a 24 hour no parking zone. It is likely that due to the fact that cars cannot park on the internal streets, that cars will remain on Cienega Road during the no parking period which could create safety concerns due to the likely placement of cans in front of and around each car. As noted above, each dwelling unit would require a minimum of 11 feet of frontage. This would require each owner/tenant to place their cans on the street with precision in order to conserve space. Additionally, each can would need to be removed promptly after pick-up. The Chief of Police has indicated that the Police Department does not want to enforce the 24-hour parking restriction and is concerned that there will be a significant increase in calls for enforcement due to the location of waste receptacles, waste receptacles blocking the sight distance at the internal roadways or the corner of Cienega Road and Promise Way, waste receptacles in the roadway impeding proper circulation, waste receptacles left on the street after pick-up, or cars remaining on the street or blocking driveways or the internal roads.
6. Cienega Road is 60 feet wide and will allow for parking on each side. The road is designed as one-way in each direction with striping down the middle. Unlike typical residential streets where there is no center line and traffic can freely drive down the center of the road, vehicles on this street will be required to stay within their lane. Staff is concerned that cans could be placed too far into the road, especially if cars remain and the cans are placed in front of the car which would result in unsafe travel conditions of the road.
7. The proposed project does not comply with the General Plan.
8. As discussed, the proposed project does not comply with the requirements of the Fire Code for apparatus roadway design (Section 503.2.5 and Section D103.4 of the Fire Code).
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 20th 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
E.1
Packet Pg. 313
I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-235, 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 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
E.1
Packet Pg. 314
E.1.a
Packet Pg. 315
E.1.a
Packet Pg. 316
E.1.b
Packet Pg. 317
E.1.b
Packet Pg. 318
E.1.b
Packet Pg. 319
E.1.b
Packet Pg. 320
E.1.b
Packet Pg. 321
E.1.b
Packet Pg. 322
SUBJECT: Vesting Tentative Map 2022-1 and Density Bonus 2023-3 – Alexander Sywak – The Applicant is requesting approval of a tentative map and a Density Bonus for a single family residential development. The Applicant has submitted two options for review. Option A is a Vesting Tentative Map and a Density Bonus for a 22 lot single family residential subdivision with one lot reserved for a future child care facility. Option B is a Vesting Tentative Map and a Density Bonus for a 22 lot single family subdivision located at Cienega Road and Promise Way, further identified as San Benito County Assessor Parcel Number 057-740-001.
STAFF PLANNER: Erica Fraser, AICP, Senior Planner (831) 636-4360
ATTACHMENTS: 1. Resolution denying a Vesting Tentative Map (TM 2022-1) and a Density Bonus (DB 2023-3) for a single family residential development.
2. August 24, 2022 Letter to Applicant
3. Recology Memo Dated August 10, 2023
4. Letter regarding California Environmental Quality Act determination dated August 4 2023
5. Memo from the Fire Marshall dated June 21, 2023
6. Development Standards
7. Option B Application
8. Option B Vesting Tentative Map
9. Option A Application
10. Option A Vesting Tentative Map
RECOMMENDATION: Approval with Conditions
PROJECT DESCRIPTION:
The Applicant is proposing to subdivide an existing 2.172-acre lot located at Cienega Road and Promise Way (APN 057-740-001) for a single family residential development. There are two options proposed by the applicant for the tentative map/density bonus request. Option A includes 21 market rate single family detached dwelling units with one lot reserved for very-low income households (Lot 22 on the map) with one lot reserved for a child care facility. Option B is a single family development with 21 market rate dwelling units and one dwelling unit reserved for very-low income households. Pervious application submittals indicate that an Accessory Dwelling Unit and Junior Accessory Dwelling Unit would be constructed for each lot.
Planning Commission
Staff Report
September 14, 2023
Public Hearing Item 1
E.1.c
Packet Pg. 323
Staff Report
TM 2022-1 and DB 2023-3/Sywak
BACKGROUND:
On July 26, 2, the Applicant submitted an application for a Vesting Tentative Map and Density Bonus. The project was reviewed by the City’s Development Review Committee (DRC) and the Applicant met with the City’s DRC to discuss comments. A letter was submitted to the Applicant (dated August 24, 2022, Attachment 2). The letter indicated items that were necessary in order to complete the review of the project. As a courtesy, comments regarding the layout of the site were submitted to the Applicant which included the street width concerns and compliance with the State Density Bonus Law.
The Applicant resubmitted project plans on September 28, 2022. The revised plans were then routed to the City’s DRC for review. A letter was then submitted to the Applicant on Tuesday October 25, 2022 which indicated items that were necessary for completeness. Comments were also included regarding non-compliance with the Density Bonus Law and concerns regarding the street layout and dimensions. In the letter, Staff also provided the Applicant with an opportunity to work out some of the concerns raised by the Planning Division, including completeness items and comments, prior to resubmitting. Staff worked with the Applicant over email, but ultimately requested that the Applicant provide a resubmittal in order to clarify the Density Bonus request that was being proposed.
The Applicant then resubmitted on June 8, 2023 and amended the project to include two options for review. The project was once again forwarded to the City’s DRC. The project was ultimately deemed complete on July 6, 2023. Comments were then provided to the Applicant regarding site layout and design concerns including concerns from the Police Department regarding the proposal for cans to be located on Cienega Road and enforcement and a determination from the Fire Marshal that the layout did not meet the requirements of the Fire Code for site access.
Please note that the Permit Streamlining Act (PSA) only requires the City to review and provide a letter to Applicants which indicates the information necessary to deem an application complete within 30 days of submittal of a development application. The PSA then prescribes the period in which an application must be brought forward for a decision within a specified period. The Housing Accountability Act does require a City to provide the Applicant notification within 30 days of the Application being deemed complete of items which do not comply with any applicable plan, program, policy, ordinance, standard or other similar requirement. The Applicant was notified in writing of the concerns Staff has regarding his project as proposed (Attachment 2).
After the completeness determination, the applicant was informed that a determination on if further review was required under the California Environmental Quality Act (CEQA) within 30 days of completeness as required by the PSA. On August 4, 2023, a determination was made that the project did not qualify for a categorical or statutorily exemption because potential impacts related to circulation, life safety, and emergency services were noted, and the project is inconsistent with the City’s code and general plan with regard to these safety requirements. Staff noted that because of these concerns, Staff could not recommend approval of the project, and further environmental review would not be required under Section 15270, Projects Which Are Disapproved.
In accordance with the Subdivision Map Act, once the CEQA determination was made, the City has 50 days E.1.c
Packet Pg. 324
Staff Report
TM 2022-1 and DB 2023-3/Sywak
to bring the matter before the Planning Commission for review. As noted in the August 4, 2023 letter to the Applicant, Staff stated that, although not explicitly allowed by the Subdivision Map Act, we would extend a 90-day extension to allow the Applicant to make modifications to the project to bring the project into conformance with the code (similar to what is allowed for a Site and Architectural Review).
The Applicant was provided with the required noticing of the project hearing date as well as a letter noting the date of the hearing. After the project was noticed for public hearing, the Applicant sent an email requesting a Study Session with the Planning Commission, however, the Applicant did not request an extension as discussed above. In order to meet the requirements of the Subdivision Map Act, a public hearing to make a decision on the project is required at tonight’s meeting, unless the Applicant submits a letter requesting an extension to modify their plans at tonight’s meeting and the Planning Commission agrees to the extension as required by Section 16.36.070(A) of the Municipal Code.
ANALYSIS:
The Housing Accountability Act states that a City cannot deny a housing project unless the project does not comply with the General Plan, Zoning Ordinance, or other applicable, objective standards. If a project does comply with these requirements, the project can only be denied if “the project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density”.
In reviewing the proposed residential development, Staff has notified the Applicant that the Density Bonus application is not consistent with the requirements of State Law and the Chapter 17.34, Density Bonus of the Zoning Ordinance. Staff has also raised concerns regarding the safety of residents, circulation concerns, and other impacts related to the project design.
Most importantly, the Fire Marshall has determined that the project does not meet the requirements of the Fire Code. If the Tentative Map were to be approved as proposed, the layout would create an adverse impact to public health and safety because the Fire Department would not be able to provide services to several of the houses within the development. While this impact alone is important enough to deny the proposed project, Staff has also provided a discussion of other components of the project in case the project Applicant should wish to modify the layout of the project.
Location
The proposed project is located at Cienega Road and Promise Way. The site is currently vacant and is divided by a portion of Promise Way which has left a small remainder parcel on the eastern portion of the project site. The site is bordered by single family residential to the north and west, low density residential/agriculture to the west and San Benito Road and County land to the south.
E.1.c
Packet Pg. 325
Staff Report
TM 2022-1 and DB 2023-3/Sywak
The location of the project site is shown below:
Figure 1: Project Site and the Surrounding Area
Density Bonus
In the most recent project submittal, the Applicant revised plans to include a second option for review. In each option the Applicant will provide one dwelling unit for very low income households. This one unit comprises five percent (5%) of the total number of units. Therefore, in accordance with Section
17.34.040(A)(2) of the Zoning Ordinance the Applicant is entitled to a density bonus of 20% (or 4 units) which increases the allowed number of units from 18 to 22 dwelling units.
The project, at a minimum also in entitled to receive one concession or waiver. The Applicant has requested a waiver of the development standards (setbacks and lot coverage).
Projects that are eligible for a Density Bonus are also eligible for the reduced parking requirement in Section 17.34.070(B). The Applicant has indicated that each house will have four or more bedrooms which requires a total of 2.5 parking spaces per unit or a total of 55 parking spaces.
Project Site
E.1.c
Packet Pg. 326
Staff Report
TM 2022-1 and DB 2023-3/Sywak
There is no on-street parking within the development. Two parking spaces are included in each garage for a total of 44 parking spaces and 11 spaces are scattered throughout the development in striped parking spaces.
Please note that in accordance with Section 65852.2 of the Government Code, parking is not required to be provided for an ADU or JADU that is part of the proposed structure. Its is likely that most of the cars associated with the development will be parked on Cienega Road.
The following information is provided regarding each option submitted by the Applicant.
Option B
Option B proposes a single family development with 21 market rate dwelling units and 1 dwelling unit reserved for very-low income households, for a total of 22 units (Attachment 7 and 8). Staff has no concerns regarding Option B as it relates to the Density Bonus request. Option B meets the requirements of Chapter 17.34 and requests one incentive or concession (waiver of development standards) to which they are entitled to. Design concerns, as described in detail in subsequent sections of this report, remain for either proposed Density Bonus Option.
Option A
Option A has been the option submitted since the beginning of this project. Option A includes 21 market rate single family detached dwelling units with one lot reserved for very-low income households (Lot 22 on the map) with one lot reserved for a child care facility (Attachment 9 and 10). This Density Bonus request includes a second incentive related to the provision of land for a child care facility. As noted in prior submittals and as required by Chapter 17.34, Density Bonus, the request for a Density Bonus for a childcare facility requires the submittal of a Site and Architectural Review and Conditional Use Permit as part of the application process.
The Density Bonus Law is both generous to developers who will include affordable housing in their project and specific on what types of incentives are allowed. Section 17.34.060(D) lists the allowed incentives or concessions a developer may request. Please note that Section 17.34.040(A)(8) allows for a density bonus for land dedication if the land donated is at least one acre in size and is to be used for the construction of affordable housing.
Section 17.34.080, Bonus and Incentives for Developments with Child Care Facilities, allows a developer to seek an incentive or density bonus for the provision of a child care facility. The bonus allowed (Section
17.34.080(A)(1) is:
“a. An additional Density Bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or
b. An additional incentive that contributes significantly to the economic feasibility of the construction of the facility.”
E.1.c
Packet Pg. 327
Staff Report
TM 2022-1 and DB 2023-3/Sywak
Requirements regarding the affordability of the facility and the number of years the facility shall remain in operation are also included in the Zoning Ordinance and State Density Bonus Law.
Option A designates a lot for a future child care facility and the Applicant is requesting the waiver of annexation fees for the development. This would require the City to pay the adopted fiscal neutrality fee per unit to San Benito County for the developer. The current fiscal neutrality fee is approximately $13,500.00 per unit. However, this fee increases annually and would be paid at time of building permit issuance.
As noted above, the incentive for a child care facility is to be related to the cost of the construction of the facility. No plans or any information regarding the facility of operational characteristics of the facility have been included to verify that the facility will comply with Chapter 17.34 or State Density Bonus Law.
Furthermore, Section 17.34.100(H) requires an applicant requesting a density bonus related to a child care facility to provide “a written summary addressing all the eligibility requirements in Government Code Section 65915(g) can be met.” This has not been provided by the Applicant. This section also requires an applicant to submit “an application for a Site and Architectural Review to ensure that the facility will be constructed shall be submitted with an application for a Density Bonus.” The Applicant has refused to submit the required application despite being informed that it was required.
One the Tentative Map is approved and the Density Bonus granted, there would be no guarantee that a child care facility would ever be constructed. Additionally, the size of the parcel (5,000 sq. ft.) appears to be too small to allow for a facility with the required number of off-street parking spaces and the amount of open space for children (required by the State). Part of the reason the Site and Architectural Review is required is to ensure that a facility could be constructed which meets the Code and to ensure that the facility would be constructed with the development. As the density for the project is maxed out, no housing could be constructed on this parcel and it would likely remain undeveloped. The Applicant has not submitted an Application for a Site and Architectural Review or a written statement addressing all eligibility requirements, therefore the request for a Density Bonus for a child care facility does not meet the requirements of the Zoning Ordinance for project approval.
Garbage Service:
During the first review of the project, the Applicant was notified by Recology that they would be unable to provide front door service and would need to pick-up trash receptacles on Cienega Road. The Applicant requested Recology review the project again and Recology provided a letter on August 10, 2023 (Attachment 3) indicating that they would be unable to drive down the internal roads and back up a truck onto Cienega Road and furthermore, would be unable to serve the development as proposed. The width of the street (60 feet) with cars parked on both sides limits the street width of Cienega Road to approximately 40 feet. Additionally, with parked cars on Cienega (and potential trash receptacles) the ability of a garbage truck to safety back out of the internal roadways without hitting a parked car is unlikely.
It should be noted that although previously approved developments may have a similar circulation system, these developments were approved prior to the three stream requirement. A City is not required to keep approving similar layouts if problems are noted or if requirements change. Additionally, Recology has E.1.c
Packet Pg. 328
Staff Report
TM 2022-1 and DB 2023-3/Sywak
informed both the Applicant and the City that they will not be able to enter into the development as it is unsafe for the drivers to back up down the street and onto Cienega Road.
The proposed project is a 22 single-family residential development. The Applicant has indicated that each house could also include an ADU and JADU, for a potential total of 66 units. Each unit will require a minimum of three waste receptacles (trash, recycling, and organics), totaling up to 198 cans. Although Recology has indicated that they cannot provide service to the development, previous discussions regarding the project included trash pick-up on Cienega Road and that proposal is discussed in detail below.
The current standard sizes for trash cans (32 gallon) is 19 inches wide, organics is 24 inches wide, and recycling is 30 inches wide. Each can must be placed a minimum of 18 inches apart. This means that if every house includes a JADU and ADU, each lot would require a total of 10 feet to 32 feet on Cienega Road for can placement (if perfectly placed on Cienega Road). If there are only three cans per house, each house would still require approximately 11 feet on Cienega Road.
Staff is concerned that even with perfectly placed cans, there is not enough street frontage to properly and safely support the placement of this many cans on the street. Even if the house, ADU, and JADU on each lot share waste facilities, there is likely only 5.5’-6’ of right-of-way per can available. Accounting for spacing between the cans both for the trucks to pickup and also individual owners who would likely place additional separation between their neighbors’ cans, imperfect placement, driveways, and vehicle site clearance, it is still a significant concern that there will not physically be enough frontage to locate all of the required cans in this development.
If cans cannot be placed within the frontage of this development it is likely that cans will be placed in front of other dwellings in the area, close to the entrance into each internal street (both potentially blocking the street or impeding in the sight distance needed to safety enter or exit the development), or could be placed haphazardly on the street too close to other cans for pick-up or into the roadway blocking safe circulation in the area.
The proposal would require the City to enforce a 24-hour parking restriction on Cienega Road to allow for the placement of the cans on the street. Enforcement of the no parking zone and conflicts due to trash can placement and cans left out after trash pick-up will be difficult and could result in significant calls for enforcement. The Police Department is not supportive of the proposed plan for garbage service and is requesting that the project layout be redesigned to allow for pick-up within the development.
Additionally, Staff has concerns that requiring people to bring trash cans out to the street would be a burden on the elderly or persons with mobility issues.
The proposed layout is not consistent with the General Plan in that the placement of cans on Cienega Road would likely increase calls for enforcement to the Police Department thereby placing a burden on the Police Department which could result in delays for service. Additionally, this plan would require perfect placement along Cienega Road to ensure that there are not impacts to safe circulation in the area.
This is unlikely given the frontage available, number of cans required, and the fact that most people are unlikely to place cans with perfect precision on the street.
E.1.c
Packet Pg. 329
Staff Report
TM 2022-1 and DB 2023-3/Sywak
Life Safety:
The Fire Marshal reviewed the project layout and determined that the layout does not meet the requirements of the Fire Code. In a letter to the Planning Division dated June 21, 2023 (Attachment 5), the Fire Marshall determined that due to the layout of the development including the length of the internal street and because there is not turnaround or drive through for fire trucks, that the Fire Department would be unable to provide adequate emergency access to the site.
Due to the layout, fire trucks cannot travel down the internal roadways because there is no space for turnaround and because the roadways to not connect to another street for exiting. This means that during an emergency, Fire Trucks will be stationed on Cienega Road and would need to extend a hose down to each house from Cienega Road,
Section 503.1.1 of the Fire Code requires a fire access apparatus road which is located within 150 of all portions of the facility. As proposed, the exterior walls of Lots 5 and 10 will be located 200 feet away from Cienega Road where the fire trucks will be required to be parked. Access to the backyards of Lots 4, 5, 9, 10, and 14 (at a minimum) will be located over 175 feet from Cienega Road. However, due to cars likely being parked on Cienega Road, fire trucks will likely be parked further away which will increase the distance from the truck to the house. Hoses will only stretch 150 feet from the trucks.
The project does not meet the requirements of the Fire Code. Due to the layout of the internal roadways and because fire trucks will be required to provide services to houses from Cienega Road, fire suppression will not be available to several lots within the development. This will result in a significant impact to safety including the inability to fight fires and would result in potential loss of structures and lives if there is a fire.
California Environmental Quality Act:
In accordance with the California Environmental Quality Act (CEQA), the City performed a review of proposed project and the concerns noted above. Due to the fact that there is a potential significant impact related to life safety and the ability of the City to adequately serve the development with respect to Police and Fire services, Staff determined that a Mitigated Negative Declaration or Environmental Impact Report would be required to fully evaluate the project.
Because the preparation of these documents is costly and because Staff does not recommend approval of the project due to the above stated concerns, Staff recommends that the Planning Commission deem the project exempt from further review under Section 15270, Projects Which Are Disapproved.
CONCLUSION:
The proposed project is inconsistent with the Hollister General Plan. The Hollister General Plan seeks to allow for well-designed residential developments that provide adequate circulation, utilities, and emergency responses. As discussed above, the proposed layout of the site will not allow the City to provide adequate emergency responses including emergency fire services to several of the houses within the development. Emergency calls that require the Fire Department to also provide medical services could be delayed by requiring Fire Trucks to park on Cienega Way instead of in front of the house.
E.1.c
Packet Pg. 330
Staff Report
TM 2022-1 and DB 2023-3/Sywak
The plan for garbage collection on Cienega Road has the potential to result in unsafe circulation on the street. The location of the cans would require the City to enforce a 24-hour parking restriction in the area which the Police Department has indicated that they will be unable to do. The result would be a likely combination of cars with cans located around cars and in the roadway which will impede safe travel on Cienega Road and is not consistent with General Plan Goal LU4.
As designed, the internal streets are too long and do not allow fire trucks to safely exit the development, because there is no turnaround within the development. General Plan Policy CSF4.12 requires new developments to be designed to minimize risks to life and property and this property would increase risks to life and property because the Fire Department has noted that they will not be able to adequately serve all of the residents of this development. As designed, the street layout/design does not meet the requirements of the Fire Code and will result in unsafe living conditions for the residents.
PLANNING COMMISSION OPTIONS:
The Planning Commission can choose one of the following options:
1. Adopt a Resolution denying Vesting Tentative Map 2022-1 and Density Bonus 2023-3;
2. Continue the hearing and provide direction to Staff on the proposed project.
Staff recommends the Planning Commission select Option 1 for this Item.
E.1.c
Packet Pg. 331
Staff Report
TM 2022-1 and DB 2023-3/Sywak
GENERAL INFORMATION
APPLICANT: Alexander Sywak
12860 Star Ridge Court
Saratoga, CA 95070
PROPERTY OWNER: Alexander Sywak
12860 Star Ridge Court
Saratoga, CA 95070
LOCATION: Cienega Road and Promise Way
ASSESSOR PARCEL
NUMBER: APN 057-740-001
GENERAL PLAN
DESIGNATION: Low Density Residential
ZONING DISTRICT: R1-L/PZ (Low Denisty Residential/Performance Overlay)
SURROUNDING USES:
Location Zoning Designation General Plan Land Use Current use of Property
Project Site R1-L/PZ Low Density Residential Vacant
North County Residential Mixed Low Density Residential
(agriculture and a
house)
South County Residential Mixed Vacant
East R1 Low Density Residential Single Family Homes
West County Residential Mixed San Benito Road and
Vacant
E.1.c
Packet Pg. 332
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.d
Packet Pg. 333
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.d
Packet Pg. 334
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.d
Packet Pg. 335
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.d
Packet Pg. 336
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.e
Packet Pg. 337
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.e
Packet Pg. 338
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.e
Packet Pg. 339
BKF
ENGINEERS
1730
N.
FIRST
STREET
SUITE
600
SAN
JOSE,
CA
95112
(408)
467-9100
www.bkf.com
E.1.e
Packet Pg. 340
PLANNING COMMISSION RESOLUTION NO. 2023-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HOLLISTER DENYING VESTING TENTATIVE MAP 2022-1 AND DENSITY BONUS 2023-3 FOR A RESIDENTIAL SUBDIVISION (ALEXANDER
SYWAK) LOCATED AT CIENEGA ROAD AND PROMISE WAY
(APN 020-170-041)
WHEREAS, the Applicant, Alexander Sywak, has submitted an application for a Vesting Tentative Map for a residential subdivision, and an application for Density Bonus, located at Cienega Road and Promise Way; and
WHEREAS, the project was deemed complete on July 6, 2023; and
WHEREAS, the Applicant was notified on multiple occasions that there were life safety and other concerns regarding the proposed project; and
WHEREAS, the City determined that a Negative Declaration or Environmental Impact Report would be required to be prepared pursuant to California Environmental Quality Act (CEQA) and CEQA Guidelines if the project was approved as proposed due to concerns over life safety, emergency services, fire suppression, and police enforcement; and
WHEREAS, pursuant to the Subdivision Map Act, the Vesting Tentative Map is required to be reviewed by the decision making body within 50 days of the date the California Environmental Quality Act determination was made; and
WHEREAS, pursuant to CEQA Section 15270, projects which are disapproved are not subject to the requirements of CEQA; and
WHEREAS, the Development Review Committee considerations were presented to the Planning Commission as part of the Staff Report and the Conditions of Approval for the project; and
WHEREAS, a Staff Report was submitted to the Planning Commission of the City of Hollister recommending denial of the Vesting Tentative Map and Density Bonus; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September 14, 2023 to consider Vesting Tentative Map 2022-1 and Density Bonus 2023-3, review the City Staff Report, and receive written and oral testimony for and against the proposal; and
NOW THEREFORE IT IS RESOLVED that the Planning Commission of the City of Hollister does hereby make the following findings regarding the proposed Vesting Tentative Map as required by the Housing Accountability Act:
A. The proposed project is not consistent with the goals and polices of the General Plan, any applicable Specific Plan and any applicable design guidelines because:
1. The layout of the site will not allow adequate access for fire and emergency services.
General Plan Policy CSF4.12 requires new developments to be designed to minimize risks to life and property. The project, as designed, does not allow for adequate emergency E.1.f
Packet Pg. 341
PC Resolution 2023-
TM 2022-1 and DB 2023-3/Sywak
services including fire suppression and does not meet the requirements of the Fire Code.
This is a significant impact.
2. Goal LU4 requires “safe and functional streets.” As proposed, the internal roadway system does not allow fire trucks to enter into the development to provide emergency services. Fire trucks will need to be parked on Cienega Road and hoses stretched to each house. The length of the road is too long for fire to provide adequate emergency services to Lots 4, 5, 9, 10 and 14 (at a minimum) and does not meet the requirements of the Fire Code (Section 503.1.1) which requires fire trucks to be located within 150 feet of all sides of a structure. Additionally, Recology, the City’s waste collection service provider, has determined that they will be unable to provide service on the internal roadways and trash cans would be required to be placed on Cienega Road. This requirement to place the three required waste receptacles on the street would be a burden on the elderly and to people with mobility challenges. Additionally, the placement of cans on the streets would likely create significant impacts to circulation due to improper placement on Cienega Road (both in front of the development and on parcels surrounding the development due to the area necessary to support the receptacles) and the location of cans within the site distance needed for entering and exiting the development.
3. Goal LU8 seeks to ensure that new developments are compatible with and “maintain the stability of existing neighborhoods.” The proposed project is a 22-unit single-family residential development. The Applicant has indicated that each house could also include an ADU and JADU, for a potential total of 66 units. Even if a JADU and ADU is not proposed at this time, property owners would still be able to include these units as allowed by State Law in the future. Each unit will require a minimum of three waste receptacles (trash, recycling, and organics), totaling 198 cans (if all units have their own garbage service). The current standard sizes for trash cans (32 gallon) is 19 inches wide, organics is 24 inches wide, and recycling is 30 inches wide. Each can must be placed a minimum of 18 inches apart. This means that if every house includes a JADU and ADU, each lot would require a total 32 feet on Cienega Road for can placement (if perfectly placed on Cienega Road). If there are only three cans per house, each house would still require approximately 11 feet on Cienega Road and there is likely less than 360 feet of frontage on Cienega Road (to ensure cans are located out of all required open areas for vehicle sight distance and to ensure that the cans are not placed too close to the corner at Cienega Road and Promise Way) which would require each house to perfectly place cans on Cienega Road to ensure that there is adequate space, which is highly unlikely to occur. If there are more than three cans per house, there would not be enough room on Cienega Road to support to project. This could lead to cans placed in front of other properties, located outside of development, and cans placed haphazardly on the street due to a lack of room. Therefore, the proposed project does not conform to Goal LU8.
B. The proposed Project, will have a specific, adverse impact on public health or safety because:
1. Fire Trucks cannot travel down the internal roadways due to the fact that there is inadequate space for the trucks to turn around and because the roadways to not connect to another street for exiting. Fire trucks are unable to reverse down a street to back out of E.1.f
Packet Pg. 342
PC Resolution 2023-
TM 2022-1 / Sywak
a development. This means that fire trucks will be unable to park in front of a house which requires emergency services and trucks will need to park on Cienega Road to provide emergency services.
2. Section 503.1.1 of the Fire Code requires a fire access apparatus road to be located within 150 feet of all portions of the facility (or all sides of a house). As proposed, the exterior walls of Lots 5 and 10 will be located 200 feet away from Cienega Road where the fire trucks will be required to be parked. Access to the backyards of Lots 4, 5, 9, 10, and 14 (at a minimum) will be located over 175 feet from Cienega Road. Fire hoses can only stretch 150 feet. Additionally, cars and potential waste receptacles (on trash days) will be located on Cienega Road, which could require fire trucks to be parked further away from the houses in order to safely park the fire truck. If trucks are required to park further away, there is the potential that there will be more homes that cannot be adequately protected during a fire. This means that in the event of a fire, the City would be unable to provide fire suppression to several of the homes within the development which could then result in a fire spreading to other homes within the development. This is a significant impact to safety, life, and the protection of structures in the City. The proposed layout and design of the streets and lots within the development does not meet the requirements of the Fire Code and the Fire Marshall has not approved the design as proposed.
3. The proposed project’s layout will not allow for front door waste pick-up from the City’s waste provider, Recology. Recology has stated that the length of the internal roads would prevent Recology from providing services directly to each residence. A drive-through street system or space to turn around would be required as their safety standards do not allow drivers to drive in and then reverse to leave each road.
4. Trash pick-up on Cienega Road has the potential to impact safe circulation in the area. Due to the length of space needed to provide space for a minimum of three waste receptacles per house (there will likely be more if there is a JADU or ADU), cans are likely to be placed haphazardly on the road and within the required sight distance at the internal roadways and at the corner of Cienega Road and Promise Way which is necessary to allow for safe entering and exiting from the development.
5. The ability to locate cans on Cienega Road would require the City to enforce no parking on the east side of Cienega Road (at the development) in order to ensure there is space to locate trash cans. The Police Department has indicated that they do not wish to enforce a no parking zone on a small area on Cienega Road. In order to allow for can placement at Cienega Road the night before and pick-up after work/in the evening, the City would have to impose a 24 hour no parking zone. It is likely that due to the fact that cars cannot park on the internal streets, that cars will remain on Cienega Road during the no parking period which could create safety concerns due to the likely placement of cans in front of and around each car. As noted above, each dwelling unit would require a minimum of 11 feet of frontage. This would require each owner/tenant to place their cans on the street with precision in order to conserve space. Additionally, each can would need to be removed promptly after pick-up. The Chief of Police has indicated that the Police Department does not want to enforce the 24-hour parking restriction and is concerned that there will be a E.1.f
Packet Pg. 343
PC Resolution 2023-
TM 2022-1 and DB 2023-3/Sywak
significant increase in calls for enforcement due to the location of waste receptacles, waste receptables blocking the sight distance at the internal roadways or the corner of Cienega Road and Promise Way, waste receptacles in the roadway impeding proper circulation, waste receptables left on the street after pick-up, or cars remaining on the street or blocking driveways or the internal roads.
6. Cienega Road is 60 feet wide and will allow for parking on each side. The road is designed as one-way in each direction with striping down the middle. Unlike typical residential streets where there is no center line and traffic can freely drive down the center of the road, vehicles on this street will be required to stay within their lane. Staff is concerned that cans could be placed too far into the road, especially if cars remain and the cans are placed in front of the car which would result in unsafe travel conditions of the road.
7. The proposed project does not comply with the General Plan.
PASSED AND ADOPTED, at a regular meeting of the City of Hollister Planning Commission held on this 14th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Chairperson of the Planning Commission
of the City of Hollister
ATTEST:
Christine Hopper, Secretary
Please Note
It is the sole responsibility of the project applicant to comply with the conditions as approved, modified, or added by the Planning Commission. It is recommended that the applicant review these conditions carefully and if any questions arise as to compliance with the conditions, please do not hesitate to contact the staff planner. Also, if you do not agree with the proposed conditions, you have an opportunity to present your case to the City Council at their meeting. In addition, the City provides for a 15-day appeal period.
E.1.f
Packet Pg. 344
Wednesday August 24, 2022
To: Alexander Sywak
NATMAR L.P.
12860 Star Ridge Court
Saratoga, CA 95070
From: Erica Fraser, AICP
Development Services Department – Planning Division
City of Hollister
375 Fifth Street
Hollister, California 95023
RE: TM 2022‐1; Cienega Road/Promise Way Major Subdivision ‐ Notice of Incompleteness (APN 057‐ 740‐001)
Dear Mr. Sywak,
The City of Hollister has reviewed your application for a Tentative Map for a Major Subdivision, submitted on July 26, 2022, for the subdivision of a 2.172‐acre parcel into 22 lots for a single family residential development, one parcel for common open space and one parcel for a future childcare facility. This project site is located at Cienega Road and Promise Way, further identified at San Benito County Assessor Parcel Number 057‐740‐001).
A preliminary review of the application and plans indicates that pursuant to §65943(a) of the Government Code, the application is incomplete for processing. Please note that because several items were missing from your submittal that additional items may be required upon review of your next submittal. The following items are required, in accordance with the Municipal Code and the City of Hollister’s Site Plan Guidelines and Requirements in order for your application to be considered complete for processing:
1. Density Bonus Application
In accordance with Section 17.04.030.A, the Application for a Density Bonus must also include the following:
1) Number of bedroom(s) and bathroom(s) proposed for each unit type 2) Approximate location and design of each unit type
3) Methods used to verify tenant incomes for the proposed affordable rental unit
City of Hollister
Development Services
339 Fifth Street, Hollister, CA. 95023 Telephone (831) 636-4360 Fax (831) 634-4913
E.1.g
Packet Pg. 345
Notice of Incomplete Application
TM 2022‐1/Sywak
4) The Application must be revised to list all the Zoning Ordinance requirements that you are asking for a waiver of and list the total number of incentives or concessions you are requesting.
2. Tentative Map
Please refer to the attached redlined plans for comments and completeness requirements from the Engineering Department.
The following comments on the project have also been provided. Please address these comments in your next submittal.
1. Development Standards. The proposed request includes the following waivers to the City’s Requirements:
Development Standard Zoning Ordinance
Requirement Proposed Project
Lot Size Interior 5,500 sq. ft. 3,230 sq. ft.
Lot Width Interior – 50 feet 40 feet
Lot Coverage 50% Unknown
Height 30 Feet Unknown
Setbacks 20 feet garage
5‐foot side yard
15‐foot minimum rear
20 foot upper floor
5‐foot front
0 – 6 feet
15 feet
3 feet
Street Trees All front yards require at least one tree Unknown
The purpose of the State’s Density Bonus Law is to increase affordable housing in the State. Your Density Bonus Application requests a waiver for development standards based on the provision of one, very low residential dwelling (or 5% of the total number of units). Government Code Section 65915(d)(2)(A) allows for one incentive or concession based on the provision of this unit.
Under Section 65918(k)(1) a deviation for each requirement is considered one incentive. As demonstrated above, the proposed project is requesting several deviations, in excess, of what is permitted by the Government Code based on the provision of only one unit (or 5% of the project site). One more concession or incentive may be granted based on the provision of a childcare facility (see comments below).
Staff can find no reason why imposing the requirements of the Zoning Ordinance will preclude any development on the site. Based on the total size of the parcel and the density allowed under the General Plan, a project of up to 18 residential dwelling units could be constructed without the need for a density bonus request as long as the proposed project conforms to the requirements of the Zoning Ordinance. Development of smaller single family homes that meet some of these requirements could also be feasible (more information on the design and size of these dwellings is required for further evaluation).
2. Daycare Facility. The proposed density bonus includes a request for an incentive (for a fee waiver for the required Annexation Fees) based on the provision of land for a childcare facility.
E.1.g
Packet Pg. 346
Notice of Incomplete Application
TM 2022‐1/Sywak