Hollister City Council
November 20, 2023

Government Code Section 65915(h) states “when an applicant proposed to construct a housing development that…includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city…shall grant…an additional density bonus…”

The law goes on to set specific requirements for the operation of the childcare facility (Government Code, Sections 65915(h)(2) and 65917.5(s) and proscribes an assessment (penalty) that the development must pay if the childcare facility fails to operate as required.

Based on the City’s interpretation of the Government Code, any request for an incentive related to a childcare facility must include an Application for and approval of a Site and Architectural Review and a Conditional Use Permit for the construction of an actual facility. As required by the State’s Density Bonus Law, the childcare Facility would need to be operated for a set period of time and follow all requirements in the Government Code. Once an Application for a Site and Architectural Review and a Conditional Use Permit for the operation of a childcare facility is submitted, Staff will evaluate the fee waiver request.

3. Parking. Government Code Sections 55915(p)(1) allows for a parking reduction from the requirements of the Zoning Ordinance. The on‐site parking varies based on the number of bedrooms included in each unit type. On‐street parking is not on‐site parking and therefore cannot be counted towards the total number of required spaces. At this time, Staff is unable to determine if adequate parking will be provided because the number of bedrooms for each dwelling unit was not provided.

4. Reduction for Street Width. The proposed Density Bonus Application also includes a request for the deviation of the width standards for a private street. If this is an incentive you would like to move forward with, you must provide a written description to the City on how this reduction is a necessary cost reduction to allow for the construction  of one affordable unit.

5. Housing Agreement. A Housing Agreement between the Applicant and the City will be required to ensure that the proposed affordable unit remains affordable and to the income level proposed pursuant to the requirements of the State’s Density Bonus Law.

This letter serves as notice that the above project has been deemed incomplete in accordance with the provisions of Chapter 4.5 Section 65943 of the Planning and Zoning Law of the State of California. Please note that the Application must be deemed complete within the timeframe provided under SB330 or the rights conveyed under SB330 will expire. If you have any questions, please contact me by email at [email protected] or by phone at (925) 918‐2822. The City of Hollister Planning Division is located at 339 Fifth Street in Hollister. Our regular hours of operation are Monday through Thursday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., closed Fridays. Thank you.

Sincerely,

Erica Fraser, AICP
Development Services Department – Planning Division
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CC: Jennifer Thompson, City Attorney
Adriana Ortiz, Acting Planning Director
Eva Kelly, Interim Planning Manager
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City of Hollister
Planning Division
339 Fifth Street, Hollister, CA. 95023 Telephone (831) 636-4360 Fax (831) 634-4913

Tuesday October 25, 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 and Density Bonus request ‐ 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 September 28, 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 noted as 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. 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 Request

A partial submittal of the Written Statement (the Density Bonus Request) was submitted as part of the second submittal for this project. Please note that a complete submittal must be submitted for review, Staff cannot piece together each submittal to form your Written Statement for the Density Bonus. The Written Statement will be used by the Planning Commission during their review of the request for a Density Bonus. Additionally, this Written Statement, with all submittal E.1.h
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requirements noted in Section 17.04.030.A of the Zoning Ordinance, will be used to form a written record for your project. Please keep any responses to comments made by Staff as a separate document. Any information required to be included should be clearly discussed in the written statement (for example, note the number of bedrooms for each unit and the total number of on‐site and off‐site parking spaces for the project).

In order to assist you in the complete preparation of the Written Statement for you project, the following information must be included in accordance with Section 17.04.030.A of the Zoning Ordinance. Please note that some of these items have not been submitted, while some items were included in the first or second submittal. All items must be included as one complete Written Statement for the Density Bonus Request. You can submit this Written Statement for an informal review for completeness prior to formal resubmittal if you have any questions on what needs to be submitted.

a) Site information (i.e. Zoning, address, APN etc) as included in the First Submittal.

b) Total number of units proposed for the project site including the affordable units and level of affordability required to grant a Density Bonus.

c) Location of the Affordable Unit.

d) Complete list of all of the Development Standards you are seeking a waiver of (use the Table included as part of your second submittal).

e) Information on the proposed residential dwellings, including the number of bedrooms, parking spaces, approximate size and the location of the density bonus unit.

f) A separate list of all other requirements of the Municipal Code, City Standards or other requests that you are requesting as a concession or incentive (i.e. reduction in the required P.U.E. or street width) and the total number your project is eligible for.

g) Based on the second submittal, and a review of the first submittal, please indicate the total number of parking spaces provided for each unit (both on‐site for each dwelling unit and off‐site). Pursuant to the State Density Bonus Law, parking requirements for a 4 or 5 bedroom unit are the same. At this time Staff is unable to determine if the site has the required number of parking spaces pursuant to State Density Bonus Law.

h) Approximate location and design of each unit type (design refers to an elevation showing the various housing designs for the project). Please note that the affordable unit will need to be designed so that it is the same as the other dwelling units (i.e. there can be no visual difference between them) as required by the Zoning Ordinance.

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i) Methods used to verify tenant incomes for the proposed affordable rental unit.

You must tell the City how you will verify the tenant income of potential renters so that it can be included in the Housing Agreement (the project will include a Condition of Approval requiring the Housing Agreement to be finalized prior to issuance of a Final Map).

2. Requested Incentives/Concessions.

Please clearly list the incentives/concessions you are requesting as part of this Density Bonus Request in your Written Statement (as also noted above). A review of the project plans indicate you are requesting a reduction in the required P.U.E. along Cienega Road, a reduction in the standard street width and the granting of Right‐of‐way (please note that although reductions in these standards may have been previously approved, the City does not currently approve these waivers from the Municipal Code or standards, unless approved under a Density Bonus), and the City to dedicate and/or sell public right‐of‐way along Cienega Road and Promise Way to this project. Note also that a request for dedication of public lands is considered a financial incentive pursuant to Government Code Section 65915(l), and is not required to be approved by the City as part of a density bonus application. Please clearly note the incentives you are requesting in your complete Density Bonus Written Statement for the project.

3. Tentative Map

The Following comments are provided from the Engineering Department and shown on the red‐ lined map and memorandum included as Attachments to this letter:

Sheet 1:

a) Please verify that the APN noted on the Map is the correct APN. The Title Report and City Records indicate a different APN.

Sheet 2:

a) Comment 5 on response letter, dated 9/27, refers to 6 ft. PUE while the map shows a 4 ft. PUE. Revise map.

b) A turning area is required for trash collection (typ. for streets exceeding 150 ft. in length)

c) Add P.R.U.E. to legend

d) Add an easement for private shared facilities such as drainage (typ.)

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e) Label existing right‐of‐way for clarity (typ.)

f) Clearly label all easements (for example the triangle area at Lots 10 and 20)

Sheet 3:

a) Bike Lane must be 6 ft. wide and needs to have a 2 ft. buffer

Sheet 4:

a) Please refer to comment on sheet TM‐2.0 regarding the portion of Cienega Rd. that shows the Child Care Facility. Abandonment of this section of Cienega will require all existing utilities within this area to be replaced/rerouted if the developer chooses to purchase this portion of Cienega Rd.

b) The City does not have record for installation of the 8" sewer main shown between East View Dr. and Promise Way. Please update map.

c) Please advise if there will there be individual trash containers or shared trash enclosures to serve all residential units. If shared trash enclosures will be used, please show their location on the map. Developer must contact Recology to arrange for trash pick‐up services that may need to be reflected on the TM since, depending on their decision, this could affect conformance of an approved TM in which case will require an amendment with the Planning Commission.

4. Written Utilities Report.

Per Municipal Code Section 16.36.040, provide a written utilities report, covering source of water supply, means of distribution, proposed handling of sewage effluent, availability of electric and gas service and any other pertinent matters. Where septic tanks are proposed, if approved by the city council, adequate percolation test data shall accompany the report.

Please note: 16.36.030 refers to the items that must be included in the TM, while 16.36.40.B refers to the material that must be submitted with the TM. While the TM is not required to show the utilities in detail, a written report is required to cover source of water supply, means of distribution, proposed handling of sewage effluent, availability of electric and gas service and any other pertinent matters.

5. Post Construction Stormwater Permit.

Complete the City’s Post Construction Stormwater Requirements Worksheet (available at https://hollister.ca.gov/wp-content/uploads/2020/12/Stormwater-Management-Post-Construction-Requirements- Rev20201202.pdfAs discussed during the meeting with you on October 18, 2022, the Form must be E.1.h
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filled out and submitted for a preliminary review to determine if the requirements can be met as designed.

6. Daycare Facility.

The proposed density bonus includes a request for an incentive based on the provision of land for a childcare facility. As previously noted in letters sent by the City to you, any request for an incentive related to the provision of a childcare facility must include a review of a permit in order to ensure that the Childcare Facility will be constructed and operated pursuant to the State Density Bonus Law. In the City of Hollister, a Childcare Facility requires approval of a Site and Architectural Review and a Conditional Use Permit. These two permits will be required if the proposed project includes a request for an incentive for a Childcare Facility.

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). Please note that the Application for approval of a Childcare Facility must include these provisions as part of the project.

“(2) The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur:
(A) The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B) Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b).” Deferral of the review of any portion of this project cannot be granted. All requests must be reviewed at this time. If you wish to no longer provide a childcare facility, you must modify the project plans to indicate what you propose to do with this parcel.

7. Right‐of‐Way Dedication.

The purchase request for Right‐of‐Way must be submitted to the City for review in the form of a legal document outlining the proposal (as discussed during out meeting with you on Tuesday October 18, 2022). The City uses Cienega Rd. to access and maintain the storm drain facility to the east where portion of the Child Care Center is being proposed. Plans are required to be submitted to the City's Engineering department showing replacement/relocation of the existing utilities affected by this purchase.

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The proposed Tentative Map and Density Bonus Application includes a request for a dedication of right‐of‐way for the construction of a daycare facility. The City will consider and is supportive of this request (please refer to the comments from Engineering regarding notations that must be made on the map related to this area) as long as the right‐of‐way is being requested as an incentive related to a Childcare Facility. As noted under comment 6 above, if you would like the City to consider an incentive in the form of granting right‐of‐way related to a childcare facility, you must apply for a Site and Architectural Review and a Conditional Use Permit at this time.

8. Street Length and Width.

The City’s waste provider has indicated that the private streets are not designed adequately related to the provision of garbage services. As indicated by Recology, the streets need to include a turnaround for garbage truck. Staff suggests you contact Recology directly for any questions you have regarding this comment and work with them directly to ensure adequate trash services can be provided to the project. Staff has a questionnaire from Recology that Applicants can fill out  and that may assist you in this conversation with them. If you would like a copy please let me know.

9. Housing Agreement.

A Housing Agreement between the Applicant and the City will be required to ensure that the proposed affordable unit remains affordable and to the income level proposed pursuant to the requirements of the State’s Density Bonus Law. This Agreement will be required to be entered into prior to issuance of a Final Map. Please note that during that process you will be required to submit all information required to complete the Agreement.

10. Deed Restriction.

Prior to issuance of a Final Map, and as a Condition of Approval for the Tentative Map, you will be required to file a Deed Restriction with the County Recorder regarding the affordability level and number of years the affordable unit is required to remain affordable. This will need to be done in conjunction with the Housing Agreement. No action is required at this time.

11. Annexation Fees.

As part of your first submittal, on page 2 of the Written Statement for the Density Bonus, you indicated that you would like the City to waive the Annexation Fees that were established for the annexation of this property into the City. These are Fees that are required by the County of San Benito to be paid to the County to offset any losses to the County related to the annexation of a property from the County into a City. The State Density Bonus Law (Section 65915(l)) and the City’s Density Bonus Ordinance does not require direct financial incentives related to the waiver E.1.h
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of any fees for a project to be granted. This Fee is a fee paid directly to the County and would require the City to use City funds to pay this fee for you. Any requests for direct financial incentives will require review and approval by the City Council at a Public Hearing.

This letter serves as notice that the above project has been deemed incomplete in accordance with the provisions of Chapter 4.5 Section 65943 of the Planning and Zoning Law of the State of California. Please note that the Application must be deemed complete within the timeframe provided under SB330 or the rights conveyed under SB330 will expire. If you have any questions, please contact me by email at [email protected] or by phone at (925) 918‐2822. The City of Hollister Planning Division is located at 339 Fifth Street in Hollister. Our regular hours of operation are Monday through Thursday, 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 4:30 p.m., closed Fridays.

Thank you.

Sincerely,

Erica Fraser, AICP
Development Services Department – Planning Division

CC: Jennifer Thompson, City Attorney
Bret Miller, City Manager
Adriana Ortiz, Acting Planning Director
Eva Kelly, Interim Planning Manager

Attachments:

Two Prior Density Bonus Written Statements
Memorandum dated October 17, 2022 from the Engineering Department Red‐lined Map from the Engineering Department
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Fire Station 2 2240 Valley View Rd Fire Station 3 2000 Aerostar Way Fire Station 4 24 Polk St.

Hollister, CA 95023 Hollister, CA 95023 San Juan Bautista, CA 95045 (831) 636-4141 (831) 636-4326 (831) 636-4327

Fire Station 1 – Headquarters – 110 Fifth Street • Hollister, CA 95023- Phone (831)636-4325

CITY OF HOLLISTER

FIRE PREVENTION BUREAU

PROJECT COMMENTS

Date: June 21, 2023
Subject: Additional Comments
Address: Cienega and Promise Way Major Subdivision

ITEMS TO BE IMMEDIATELY ADDRESSED FOR PLANNING/DESIGN APPROVAL

1. There is not sufficient Fire Apparatus roadway, access and turnaround in the design. Modify layout to provide a drive through facility for the density proposed.

2. 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction.

The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.

3. 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

The congestion of parking and waste disposal of current design will create congestion and compromise life safety. A new design is required with fire access roadway with sufficient parking, trash location with a proper drive through for life safety will be required.

4. 503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.

5. D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet.

6. Extend sidewalk curb and gutter to San Benito Street to connect with project to the south and dead end to the north of project.

7. Fire Hydrants to be extended every 250 feet on San Benito Street to extend from project from the South and dead end to the north of property.

IMPORTANT NOTICE: ALL FIRE PLANS NEED TO BE SUBMITTED DIRECTLY TO HOLLISTER FIRE DEPARTMENT FOR REVIEW AND PERMITTING. FEES WILL BE ASSESED AFTER COMPLETE FIRE APPROVAL. FOR QUESTIONS REGARDING PLAN REVIEW, CONTACT THE FIRE DEPARTMENT DIRECTLY. CALL 831-636-4325 or email questions to [email protected]

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FIRE REQUIREMENTS FOR CONDITIONS OF APPROVAL

1. P109.1 Standard defensible space requirements. Combustible vegetation shall be removed from within a minimum of 100 feet or to the property line from structures, whichever is closer. •

2. Schedule final fire life safety inspection pay associated fees at 831-636-4325

ADDITIONAL INFORMATION:

MAKE CONTACT WITH FIRE DEPARTMENT FOR ADDITIONAL COMMENTS, CONCERNS, PLAN SUBMISSIONS and INSPECTIONS fire at 831-636-4325

AS THE PROJECT MAY CHANGE OVER TIME AND THAT SOME CONDITIONS MAY BE REQUIRED IN ADDITION TO PRELIMINARY PLANS.

From: Carlos Bedolla
Fire Marshal
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Est. 1875
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SECTION 104

DUTIES AND POWERS OF THE FIRE CODE

OFFICIAL
Est. 1875
[A] 104.1 General. The fire code official is hereby
authorized to enforce the provisions of this code. The fire code official shall have the authority to render
interpretations of this code and to adopt policies,
procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations,
policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code.

Such policies, procedures, rules and regulations shall not have the effect of waiving requirements specifically
provided for in this code.

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SECTION 503

FIRE APPARATUS ACCESS ROADS
Est. 1875
503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
503.2.5 Dead ends. 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.

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Est. 1875
SECTION D103

MINIMUM SPECIFICATIONS
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Est. 1875
D103.1 Access road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the mini-mum road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103.1).

D103.4 Dead ends. Dead-end fire apparatus roads in excess of 150 feet shall be provided with width and turnaround provisions in accordance with Table D103.4 SECTION D103

MINIMUM SPECIFICATIONS
TABLE D103.4

REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS
Length(feet) Width(feet) Turnarounds Required
1-150 20 None required
151-500 20 120-foot Hammerhead, 60-
foot “Y” or 96-foot-diameter
cul-de-sac in accordance
with Figure D103.1
501-750 26 Same as above
Over 750 Special approval required
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Est. 1875
SECTION D103

MINIMUM SPECIFICATIONS
D103.6 Signs. Where required by the fire code official, fire apparatus access roads shall be marked with permanent “NO PARKING”-”FIRE LANE” signs complying with Figure D103.6. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background.

Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2.

D103.6.1 Roads 20 to 26 feet in width. Fire lane signs as specified in Section D103.6 shall be posted on both sides of fire apparatus access roads that are 20 to 26 feet wide (6096 to 7925 mm). NO PARKING ON BOTH SIDES OF ROADWAY D103.6.2 Roads more than 26 feet in width. Fire lane signs as specified in Section D103.6 shall be posted on one side of fire apparatus access roads more than 26 feet wide (7925 mm) and less than 32 feet wide (9754 mm).

PARKING ONLY ALLOWED ON ONE SIDE OF THE STREET
WIDER THAN 32 FEET THEN PARKING IS ALLOWED ON BOTH SIDES OF THE STREET E.1.k
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Heartland
Est. 1875
Streets are 20 feet wide and 144 feet in length
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Heartland
Est. 1875
Middle of
hammerhead to
end of street is
115 feet
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KB Homes West of Fairview
Est. 1875
140 feet in length to
the back curb to mini
hammerhead.

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KB Homes West of Fairview
Est. 1875
From center of street at
hammerhead to the
curb if 40 feet
The width of the streets
are 26 feet
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Allendale-North of Park Hill
Est. 1875
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Allendale-North of Park Hill
Est. 1875
Egret Ln & Raven St. 150 feet marked. 203 feet to the end.

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Allendale-North of Park Hill
Est. 1875
196 feet to the end
12 foot Fire
Supplemental
Access
Behind homes.

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Per adopted 2022 CALIFORNIA CODE OF REGULATIONS TITLE 24 PART 9 QUESTIONS?
Email @
[email protected]
Or Call
831-636-4325
Hollister Fire Department
110 Fifth Street
Hollister, Ca. 95023
Est. 1875
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: October 23, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Cannabis
Christine Hopper, Development
Services Director

TITLE OF ITEM: RESOLUTION NO. 2023-236, A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF HOLLISTER APPROVING A CONDITIONAL CANNABIS USE PERMIT/ DEVELOPMENT AGREEMENT 2023-01 FOR L PLUS L, LLC TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1785 SAN FELIPE ROAD (APN 051-120-076-000 )

BRIEF DESCRIPTION: The City Council will consider conditionally approving Cannabis Use Permit / Development Agreement (CUP/DA) 2023-01 for L Plus L, LLC to operate a cannabis cultivation facility located at 1785 San Felipe Road (units A, B, C, D).

RECOMMENDATION: Hold a public hearing and adopt a resolution approving the Cannabis Use Permit/Development Agreement (CUP/DA) 2023-01 for L Plus L, LLC.

DEPARTMENT SUMMARY: The applicant is requesting approval from the City of Hollister City Council for a Cannabis Use Permit/ Development Agreement (CUP/DA) 2023-01 to operate a cannabis cultivation facility at 1785 San Felipe Road (units A, B, C, D), located in the Light Industrial (M1) Zoning District further identified as San Benito County Assessor’s Parcel 051- 120-076-000. CEQA: categorically exempt/ existing facilities.

The proposed authorization pertains to an indoor cannabis cultivation facility, with the condition that the nursery space does not exceed twenty-five percent, as stipulated in section E of the municipal code 5.42.020.

Project & Site
The project site of the proposed cannabis cultivation facility is an existing, vacant 14,500 square foot metal warehouse and metal roofing, comprised of units A, B, C, and D in one contiguous building located at 1785 San Felipe Road. Parcel size is approximately 2-acres located in the Light Industrial (M1) Zoning District (Assessor’s Parcel Number 051-120-076-000). Access to the site is provided via San Felipe Road, surrounding businesses within 300 feet include, Pacific Interlock Paving Stone to the north and east, Quality Towing and JP Auto Recycler to the south, and San Felipe Road to the west and northwest.

The proposed project entails the establishment of a commercial cannabis facility to include approximately 7,000 square feet of cultivation (grow) area, processing and drying areas. Each growing room would include irrigation and lighting infrastructure and other complementary areas needed for the operation. The building floor plan includes a break room, office space, storage areas, restrooms, ample warehouse area, and a total of 31 parking spaces.

The subject property is fully fenced with a cyclone fence 6 feet in height, property access gates are fully functional and lockable, affording a higher level of secur ity to the property. The property is completely paved except the northwest corner which is gravel and separately fenced within the subject property. All cannabis cultivation and processing areas would be established per licensing requirements from the City of Hollister and State of California.

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The exterior of the building and property shall remain unchanged.

Projected number of employees
6 typically, 12 maximum (when harvesting).

Date and hours of operation
Personnel will be onsite 24/7 (shifts will not occur between the hours of 9:00 p.m. and 9:00 a.m. on any given day).

Other Cannabis Licenses
The subject location holds a cannabis manufacturing license (unit E) Regulatory Permit 2018- 156.

Zoning District
The facility is located at 1785 San Felipe Road (M1) Zoning District, part of this parcel is also in the Airport safety zone and would require review by the Airport Land Use Commission Board of Directors (ALUC). This designation provides for a range of uses, from business and research parks, large individual corporate establishments, professional and administrative offices, and industrial complexes. Examples of allowed uses in this category are computer software companies, research laboratories, copying services, printing companies, warehousing, offices, equipment manufacturing and repair, and trucking operations. Other permitted uses include limited commercial uses that serve industrial and employment centers.

Sensitive Uses
The City of Hollister Municipal Code (HMC) requires a cannabis facility to be located at least 600 feet from any school, and a minimum of 150 foot required distance from a conforming residential use, religious institution, or licensed rehabilitation facility. The proposed business site is not located within 600 feet of any school, residential use, religious institution, or rehabilitation facility.

Development Agreement
It is expected that the applicant pays a minimum of $7.00 per square foot of cultivation activities conducted pursuant to the City of Hollister City Council adopted Rules and Regulations.

This approval will allow the applicant to commence operations contingent upon all conditions of approval being met.

FINANCIAL IMPACT: $0.00

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

ATTACHMENTS:

1. Public Notice Nov 20_ L Plus L

2. L PLus L DA_ NOV 20

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

STAFF RECOMMENDATION

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David Mirrione, City Manager

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RESOLUTION NO. 2023-236

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING A CONDITIONAL CANNABIS USE PERMIT/ DEVELOPMENT AGREEMENT 2023-01 FOR L PLUS L, LLC TO OPERATE A CANNABIS CULTIVATION FACILITY AT 1785 SAN FELIPE ROAD (APN 051-120-076-000 )

WHEREAS, on June 17, 2019 the City Council of the City of Hollister (the “City Council”) adopted Ordinance No. 1179, amending and restating Chapter 5.42 “Medical Cannabis Facilities Regulatory Permit” to Title 5 “Business Licenses and Regulations” of the Hollister Municipal Code (the “Ordinance”); and

WHEREAS, the ordinance authorizes the City Council to issue permits to cannabis facilities in the City, subject to all the restrictions and operational requirements in the Ordinance; and

WHEREAS, the City Council acknowledges that the cannabis facility's location, design, and operations comply with all relevant zoning and land use regulations; and

WHEREAS, the City Council affirms that the project for the cannabis facility underwent a comprehensive public notice process on November 10, 2023, as mandated by local regulations; and

WHEREAS, at its regular meeting of November 20, 2023 the City Council considered the applicant's request, reviewed the City Staff report, and received written and oral testimony for and against the proposal; and

WHEREAS, the application was reviewed and evaluated thoroughly for completeness and content by staff; and

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister resolves, as follows:

That the proposed Cannabis Use Permit application #2023-01 is hereby approved with the following findings and conditions and authorizes staff to proceed with any other associated permits and agreements pertaining to the cannabis facility. In addition, the commercial cannabis permit application submitted to the City of Hollister by L Plus L, LLC and all of its contents terms, and conditions being proposed as part of their business practices and/ or operating procedures are hereby accepted. Any modification would require staff approval or may be subject to City Council approval.

CEQA Findings:

1. Finding: The approval of Conditional Use Permit 2023-01 is Categorically Exempt from environmental review per Section 15301 (Existing Facilities) of the State’s Guidelines to Implement CEQA.

Evidence: The project is exempt from CEQA, Section 15301, the application for the use permit proposes to use an existing building which is consistent with the general plan designation of Industrial as well as the zoning designation of Light Industrial. The project site has no value as habitat for endangered rare or threatened species. No exterior changes are proposed to the site. Minor alternations such as tenant improvements are proposed.

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Cannabis Use Permit / Development Agreement Findings (CUP/DA)

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

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

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

Evidence: The proposed use is consistent with the City of Hollister’s 2005-2023 General Plan use designation of Light industrial designation, which encourages research and development, warehousing, and manufacturing activities, including production, processing, assembly, packaging, or treatment of products. Outdoor activities are limited to accessory storage and loading areas.

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

Evidence: The approval of Conditional Cannabis Use Permit 2023-01 is Categorically Exempt from environmental review per Section 15301 (Existing Facilities) of the State’s Guidelines to Implement CEQA.

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

Evidence: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. L Plus L, LLC is proposed at 1785 San Felipe Road (APN: 051-120-076-000) within an existing industrial space located within the light Industrial zoning district surrounded by other industrial businesses. The use of a cannabis facility requires a conditional cannabis use permit. Conditions of approval have been placed to ensure compatibility and add security measures.

CONDITIONS OF APPROVAL
Under no circumstance the applicant shall commence any operations without a Regulatory Permit approved by the City of Hollister.

PLANNING & BUILDING

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1. This approval is for a Cannabis Use Permit 2023-01 to operate a cannabis cultivation facility at 1785 San Felipe Road, as stated in cannabis application received. This approval expires within one year from the date of approval (November 07, 2024), if not implemented.

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

3. Prior to building permit issuance, the client is to provide the Building Department with verification that all Fire Department and San Benito County Environmental Health Department that all necessary permits and approvals have been obtained.

4. Prior to the installation of any signage, the applicant shall secure any necessary approvals from the Development Services Department and building permits from the City of Hollister Building Division.

5. All requirements of the State Architect for ADA accessibility shall be met.

6. Prior to any site improvements or construction, the applicant shall submit a building permit application and receive a building permit from the City Building Division. All improvements shall strictly adhere to the approved site plan submitted.

7. All building plans submitted shall conform to all local and State energy and seismic requirements and all applicable Building and Fire Codes.

8. All requirements of the State Architect for ADA accessibility shall be met, including but not necessarily limited to parking, access ramps and building accessibility facilities.

9. Prior to issuance of a building permit, the applicant shall not be in violation of the City of Hollister Municipal Code involving the project site. More specifically, Chapter 1.16 Section

1.16.100 Refusal to issue permits, licenses or other entitlements states “No department, commission or public employee of the city which is vested with the duty or authority to issue or approve permits, licenses or other entitlements shall issue or approve such permits, licenses or other entitlements where there is an outstanding violation involving the property upon which there is a pending application for such permit, license or other entitlement.”

10. Construction, Landscape Maintenance, Grounds Maintenance. Construction activities on and contiguous to residential properties shall be limited to the hours of 7:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday and construction equipment and activities shall use noise suppression devices and techniques.

ENGINEERING & COMMUNITY SERVICES

11. When the City of Hollister deems necessary, the applicant shall be required to install an RPP (Reduced Pressure Principal) backflow prevention device at their sites. The RPP shall conform to all AWWA (American Water Works Association) standards and shall be appropriately sized for the specific application on the site. The RPP shall be inspected by a certified California-Nevada AWWA Backflow Prevention Assembly General Tester.

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The Utility Division shall provide a list of acceptable Assembly Testers within the area.

The Utility Division shall receive a copy of the initial RPP inspection report. Any and all RPP defects shall be immediately repaired or replaced prior to the Utility Division reestablishing water service to the sites. The owners/operators shall have the RPP inspected/tested each year thereafter, with all reports forwarded to the Utility Division.

Should the RPP fail to pass any inspection or test, the device shall be immediately repaired or replaced, with all repair and/or replacement reports forwarded to the Utility Division.

12. The RPP shall be installed according to AWWA standards, in regards to concrete padding and surrounding landscape/RPP height requirements. The RPP shall be installed inside a wire-mesh cage enclosure, preferably green in color, with a hinge on one end and a locking hasp device on the other to prevent vandalism and unauthorized entries. The RPP shall be installed at a site between the City’s water meter and the building inside the property line where the RPP can be readily observed and be easily accessible for future inspections.

13. The Engineering Department shall inspect all building laterals, the project’s main sanitation collection system, the connection to the City’s main sanitary collection system, and the interceptor installation prior to burial. The owner/developer shall contact our office at 636-4340 at least 24 hours prior to all necessary inspections.

14. The Engineering Department shall process applications for new water meters and meter boxes for irrigation and potable water systems. The owner/developer may contact the Engineering Department (831) 636-4340 for information.

15. Any new construction, the property owner shall install new Radio Read Meters prior to occupancy. For details, contact the Lead Water Operator with the Utilities Division of the Community Services Department at (831) 636-4377.

16. All urinals and commodes in all buildings shall be low-flush models using a maximum 1.6 gpf/6Lpf (1.6 gallons per flush/6 Liters per flush).

17. Floor drains shall be filtered.

18. All sanitary sewer and water service lines shall meet City standards.

19. Every two years or longer if deemed appropriate by the City Code Enforcement Officer, the applicant shall maintain and re-stripe the parking stalls so that they will always be clean and visible to employees and customers.

20. An encroachment permit shall be issued in addition to the grading permit for the work within the City of Hollister right-or-way or public easements within the property. This includes improvements such as: driveway approaches, water line connections for domestic water or fire services, sewer lateral installations, and any other improvements on right-of-way. A combination encroachment permit and grading permit may be issued with the approval of the City Engineer. The Encroachment Permit and Grading Permits are issued at the Engineering Department at 420 Hill Street, Building C. An improvement plan may be required depending on the nature of the improvements. Contact the Engineering Department at (831) 636-4340 for further information.

If the applicant alters any exterior flat work that changes stormwater conditions or runoff, conditions 21-26 shall apply. For details contact the City Engineer at 831-636-4340.

21. Stormwater Management: Development projects with stormwater discharge to the E.2
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Waters of the U.S. through the City’s MS4 drainage system are subject to the requirements of the California Regional Water Quality Control Board Central Coast Region, Resolution No. R3-2013-0032, entitled “Post-Construction Storm Water Management Requirements for Development Projects in the Central Coast Region,” dated July 12, 2013 (PCRs), as applicable. The City Engineer may review and approve an alternative to the PCRs to address stormwater management for those development projects that the City deems to be eligible.

22. Construction Stormwater BMP Control Plan (CSCP): Prior to any site development or grading, the applicant shall submit for review and approval by the Engineering Department a CSCP for construction stormwater runoff BMP control measures. The applicant shall coordinate and meet with the City Engineering Department to receive written instructions related to the preparation and requirements of the CSCP that the applicant shall provide and submit as part of the plan, for City review and approval.

23. Post-Construction Stormwater Control Plans (SWCP): Prior to any site development or grading, the applicant shall submit a SWCP for review and approval by the Engineering Department. The SWCP shall address all required post-construction stormwater runoff BMP control measures, as applicable. The applicant shall coordinate and meet with the City Engineering Department to receive written instructions related to the preparation and requirements of the SWCP that the applicant shall provide and submit as part of the plan, for City review and approval.

24. Drainage Report: A drainage report shall be submitted for review and approval by the City Engineer. The drainage report shall include, but is not limited to, depiction of all areas tributary to the site, and provide all information pertinent to the capability of the proposed drainage facilities to handle the expected post-construction stormwater management (LID, runoff control and reduction, water quality treatment, etc.), and flood control measures as required for the site. Additionally, the report shall include or incorporate the grading plan, CSCP, SWCP, and landscape plan for the project.

25. Drainage plan: Prior to any site development or grading, the applicant shall submit for review and approval by the Engineering Department a drainage plan that complies with Chapter 15.14 Grading and Best Management Practice Control of the Hollister Municipal Code. Low Impact Development (LID) strategies shall be considered and incorporated as part of site planning and design as appropriately feasible. Development projects with stormwater discharge to the Waters of the U.S. through the City’s MS4 drainage system are subject to the requirements of the California Regional Water Quality Control Board Central Coast Region, Resolution No. R3-2013-0032, entitled “Post-Construction Storm Water Management Requirements for Development Projects in the Central Coast Region,” dated July 12, 2013 (PCRs), as applicable.

26. Stormwater and grading permit: Prior to any approval of any stormwater permit, grading permit or improvement plans the applicant shall obtain all applicable permits directly associated with the grading activity, including, but not limited to the State Water Board’s CGP, State Water Board 401 Water Quality Certification, U.S. Army Corps 404 permit, and California Department of Fish and Game 1600 Agreement. Further, the applicant shall provide evidence to the City Engineer that the required permits have been obtained.

27. The applicant will need to provide a garbage dumpster and construct a trash enclosure for existing trash dumpsters and new dumpsters for the proposed project on site. This refuse area shall be designed to meet City of Hollister waste disposal provider standards. The trash enclosure must be constructed out of cinderblock concrete or stucco material and be E.2
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easily accessible. For details, contact John Benavides at Recology at (831) 636-7500.

FIRE DEPARTMENT

28. Prior to occupancy, the applicant shall install a Knox key box on the outside of the building per the Fire Department regulations. Contact the City Fire Marshall at the Fire Department (831) 636-4325 for details.

29. If required, the fire hydrants shall be Clow 865 units only with either Clow CW50 or equivalent Longbeach breakaway spool/risers and shut off valves.

30. If required, the applicant shall place a three valve cluster connection with installation of each new fire hydrant and lateral. The City Engineer may waive this requirement in an existing shut-off valve exists within the proximity of the new hydrant.

31. The applicant shall install and maintain operational fire extinguishers to be located throughout the building at all times if the Fire Department deems necessary per Title 19 CCR.

32. Prior to building permit issuance, the applicant shall submit a fire sprinkler system plan and obtain approval for this plan from the Fire Department. The fire system plan must be updated and retro-fitted for the new occupancy, its interior walls and all wall separations.

33. Prior to occupancy, an operating fire alarm system shall be installed. The fire alarm system shall be inspected and approved by the Fire Department.

POLICE DEPARTMENT

34. Prior to occupancy, the applicant shall provide an evening lighting plan for review and approval, which is unobtrusive for neighboring parcels, on the project site. All light sources should be fully shielded from off-site view. All lights to be downcast except where it can be proved to not adversely affect other parcels.

35. Prior to occupancy, the applicant shall provide three security contact persons to the City Police Department every year. Please provide this to the Community Services Officer at 636-4330.

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

SPECIAL CONDITIONS

37. Hazardous material shall have double containment in the event of a spill and shall not be connected to the sanitary sewer system.

38. Safety Plan shall be approved by the City of Hollister Police Department.

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39. Any additional requirements by the City of Hollister Fire Department.

40. Additional or new codes as required by the City of Hollister Building Division

41. No approved land use shall generate or cause any visible dust, gasses, heat, odor, or smoke to be emitted into the atmosphere, except as necessary for the heating or cooling of structures, and the operation of motor vehicles on the site, in compliance with the requirements of the Monterey Bay Area Unified Air Pollution Control District.

42. Applicant must adhere to all rules and regulations that pertain to cannabis facilities as required by Resolution No. 2017-36, and any state mandated requirements.

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

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-236, 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
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PUBLIC NOTICE

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the City Council of the City of Hollister will conduct a public hearing at its meeting on November 20, 2023 on or about 6:30 pm in the Council Chambers of Hollister City Hall at 375 Fifth Street, Hollister, California at which time the Council will hear all persons and receive information pertinent to:

1. CUP 2023-01 L Plus L LLC-The applicant is requesting an approval from the City of Hollister City Council of a Conditional Cannabis Use Permit to operate a cannabis cultivation facility located at San Felipe Road (Units A, B, C & D) in the Light Industrial (M1) Zoning District further identified as San Benito County Assessor’s Parcel Number 051-120-076 CEQA: Categorically exempt.

Si desea información en español por favor llame al 636-4360 o visítenos al 339 Fifth St. (Calle Cinco) Hollister, CA.

The hearing may also be continued at the discretion of the Council. Information on the above may be obtained from the City Development Services Department, Planning Division located at 339 Fifth Street (Phone 831-636-4360).

Please be advised that if you wish to challenge any of the above actions in court, you may be limited to raising only those issues you or someone else raised in the public hearing described in this notice, or written correspondence delivered to the City Council, at, or prior to, the public hearing.

CITY OF HOLLISTER
by Jennifer Woodworth, City Clerk

Published – Friday, November 10, 2023

Si desea información en español favor de llamar al 831-636-4356x12

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L Plus L, LLC

DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”) between L Plus L, LLC (the “Cannabis Facility”) and the City of Hollister (the “City”) for the cannabis cultivation business located at 1785 San Felipe Road, Units A, B, C, D, Hollister, CA 95023 (“Property”) is entered into and made as of the 20th day of November, 2023. This Agreement addresses and meets the requirements of Chapter 5.42 of the City of Hollister Municipal Code.

Recitals
WHEREAS, the Cannabis Facility holds a leasehold interest in the Property, and WHEREAS, the Cannabis Facility desires to operate the Cannabis Facility in compliance with the laws and regulations of the City and of other governmental authorities, and the Cannabis Facility desires to ensure that its operation is compatible with other properties in the area and planned use; and
WHEREAS, the City has approved Section 5.42.150 of the Hollister Municipal Code, which governs the operation of cannabis businesses in the City; and WHEREAS, the City has granted the Cannabis Facility a Permit to operate a Cannabis Facility; and
WHEREAS, the purpose of this Agreement is to clearly set forth the understanding and agreement of the parties concerning the matters contained herein.

Terms and Conditions
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

A.Public Outreach and Education
The Cannabis Facility Community Benefits Plan is incorporated herein as Exhibit A.

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B. Development Permits/Fees.

The Cannabis Facility is responsible for obtaining permits and the payment of all fees for facilities and services for the Cannabis Facility. Any site permits shall be kept current with the respective permitting agency and shall ensure the protection of the public health, safety, and welfare of the community and the development site improvements shall not be used in lieu of impact fees.

C. Financial Commitments
The Cannabis Facility shall make financial contributions toward additional improvements in the vicinity of the Cannabis Facility. The financial contributions are payable to the City and shall be five percent (5%) of Gross Sales of the Cannabis Facility or seven dollars ($7.00) per square foot of canopy area, whichever is more, to be paid annually within sixty (60) days of submission of the Cannabis Facility federal tax return for the previous year. “Gross Sales” shall be accounted for on a cash basis, and not include returns or samples.

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D. Obligations.

Should the Cannabis Facility fail to undertake and complete its obligations as described in the Permit, the City Municipal Code, this Agreement, and/or State law, the City shall give the Cannabis Facility thirty (30) days written notice to commence and ninety (90) days to complete said required obligation. If the Cannabis Facility fails to commence within the thirty (30) day period or to complete the obligations within the ninety (90) day period, the City, without further notice to the Cannabis Facility or its successors in interest, may, without prejudice to any other rights or remedies the City may have, place liens and take enforcement action against the Cannabis Facility. Notice to the Cannabis Facility and its successors in interest shall be deemed to have been given upon the mailing of notice to the address or addresses set forth in Section K hereof.

E. Term.

The Effective Date of this Agreement shall be the date the City Council approves this Agreement. The term of this Agreement (the "Term") shall commence upon the Effective Date and shall extend for so long as the Permit remains valid and shall be renewed each year in conjunction with renewal of the Cannabis Facility Permit.

Following the expiration of the Term, this Agreement shall be deemed terminated and of no further force and effect.

F. Compliance.

The Cannabis Facility agrees that it, and its successors and assigns, will abide by the provisions of this Agreement, the City's Code of Ordinances, and/or State law..

The City may, without prejudice to any other legal or equitable right or remedy it may have, withhold permits, Certificates of Occupancy or plan/plat approvals to the Cannabis Facility, should the Cannabis Facility fail to comply with the terms of this Agreement. In the event of a conflict between this Agreement and the City's Municipal Code and/or State law, the more restrictive regulations shall govern the operation of the Cannabis Facility.

G. Enforcement.

Both parties may seek specific performance of this Agreement and/or bring an action for damages in a court within San Benito County, California, if this Agreement is breached by either party.

H. Limitation on City Liability
The City shall not assume any liability whatsoever with respect to approving the Cannabis Facility Regulatory Permit, this Agreement, or for the operation of the Cannabis Facility.

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I. Indemnification
The Cannabis Facility will indemnify the City from all claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the Cannabis Facility or the prosecution of the Cannabis Facility, its applicants, managers, or employees, or its customers for violation of Federal or State laws.

The Cannabis Facility shall defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of the Cannabis Regulatory Permit and/or this Agreement.

The Cannabis Facility shall reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge related to the City’s approval of the Regulatory Permit and/or this Agreement. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the Cannabis Facility of its obligation hereunder.

J. Insurance
The Cannabis Facility shall maintain in full force during operations, commercial general liability insurance providing coverage on an occurrence form basis with limits of not less than Two Million Dollars ($2,000,000.00) each occurrence for bodily injury and property damage combined, Two Million Dollars ($2,000,000.00) annual general aggregate, and Two Million Dollars ($2,000,000.00) products and completed operations annual aggregate. Cannabis Facility's liability insurance policy or policies shall: (i) include premises and operations liability coverage, products and completed operations liability coverage, broad form property damage coverage including completed operations, including, (i) provide that the insurance company has the duty to defend all insureds under the policy; (ii) provide that defense costs are paid in addition to and do not deplete any of the policy limits. The policy of liability insurance required by this Section shall name the City of Hollister as an additional insured. Such additional insured shall be provided at least the same extent of coverage as is provided to Cannabis Facility under such policy.

K. Notices.

Where notice is herein required to be given, it shall be by certified mail return receipt requested, hand delivery or nationally recognized courier, such as Federal Express or UPS. E-mail delivery of documents shall not replace or be in lieu of the aforementioned process. Said notice shall be sent to the following, as applicable:

CANNABIS FACILITY REPRESENTATIVES:

Ashley McPhail
2111 Alturas
Hollister, CA 95023
CITY'S REPRESENTATIVES:

City Manager
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375 Fifth Street
Hollister, CA 95023
Should any party identified above change, it shall be said party's obligation to notify the remaining parties of the change in a fashion as is required for notices herein.

Compliance with the Law.

The failure of this Agreement to address a particular permit, condition, term, or restriction shall not relieve the Cannabis Facility from the necessity of complying with the law governing said permitting requirements, conditions, terms, or restrictions.

L. Captions.

The captions used herein are for convenience only and shall not be relied upon in construing this Agreement.

M. Binding Effect.

This Agreement shall be binding upon and inure to the benefit of the Cannabis Facility and their successors and assigns in interest, and the City and their successor and assigns in interest.. This Agreement does not, and is not intended to, prevent or impede the City from exercising its legislative authority as the same may affect the Cannabis Facility.

N. Subsequently Enacted Law and Severability.

If Federal or State law is enacted after the effective date of this Agreement that is applicable to and precludes the parties' compliance with the terms of this Agreement, this Agreement and correlating City Ordinance shall be modified to incorporate such later enacted Federal of State law(s).

If any part of this Agreement is found invalid or unenforceable in any court, such invalidity or unenforceability shall not affect the other parts of this Agreement, if the rights and obligations of the parties contained herein are not materially prejudiced and if the intentions of the parties can be affected. To that end, this Agreement is declared severable.

O. Applicable Law/Venue.

This Agreement and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of California. This Agreement is made in San Benito County and venue of any litigation relating to this Agreement shall be in the courts of San Benito County, California.

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: October 20, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: ORDINANCE NO. 1242 AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, SECTION

2.04.180 (“MANNER OF ADDRESSING CITY COUNCIL-TIME LIMIT”) OF CHAPTER 2.04 (“CITY COUNCIL”) AND SECTION 2.08.090 (“REMOVAL OF OFFICE”) OF CHAPTER 2.08 (“CITY MANAGER”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”)

BRIEF DESCRIPTION: The City Council will consider approval of amendments to Title 2 of the Hollister Municipal Code.

RECOMMENDATION: Hold a public hearing to introduce an ordinance to amend Title 2 of the Hollister Municipal Code.

DEPARTMENT SUMMARY: On August 21, 2023, the City Council approved a contract for the Hollister City Manager appointment. As part of the contract agreement, a necessary amendment is needed to Section 2.08.090 (“Removal of office”) of Chapter

2.08 (“City Manager”) of Title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code. The City Council desires to modify the Hollister Municipal Code to recognize that removal of the City Manager from office without cause should be subject to an increased voting requirement. The specific voting requirements for removal from office are dependent upon whether such removal is for cause or without cause. The section amended states that removal of the City Manager from office for cause shall require a three-fifths majority vote of the entire city council. Removal of the City Manager from office without cause shall require a four -fifths super majority vote of the entire city council.

Additionally, at the October 16, 2023, City Council meeting, the Council directed staff to amend the Hollister Municipal Code to reflect the City’s practice to allow public speakers up to three minutes to speak on each agenda item and items not on the agenda. The proposed language codifies the current practice of allowing the mayor or presiding officer to reduce the amount of time allowed per speaker in order to accommodate a large number of speakers. Additionally, language is proposed to be added to the Hollister Municipal Code to incorporate the state requirement to double the amount of time allowed for non-English speakers utilizing a translator.

FINANCIAL IMPACT: N/A

CEQA: N/A

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

STAFF RECOMMENDATION
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David Mirrione, City Manager

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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ORDINANCE NO. 1242

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING THE CITY OF HOLLISTER MUNICIPAL CODE, SECTION 2.04.180 (“MANNER OF ADDRESSING CITY COUNCIL-TIME LIMIT”) OF CHAPTER 2.04 (“CITY COUNCIL”) AND SECTION

2.08.090 (“REMOVAL OF OFFICE”) OF CHAPTER 2.08 (“CITY MANAGER”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”)

WHEREAS, the Hollister Municipal Code requires periodic updates to conform to best practices for municipalities and updates to state regulations; and

WHEREAS, to ensure efficiency at public meetings and promote participation by members of the public, including non-English speakers, the Hollister Municipal Code is recommended to be updated; and

WHEREAS, the Hollister City Manager is appointed by, and serves at the direction of the City Council; and

WHEREAS, the Hollister Municipal Code currently provides that the City Manager may be removed from office, with or without cause, by a majority vote of the City Council; and

WHEREAS, the City Council desires to modify the Hollister Municipal Code to recognize that removal of the City Manager from office without cause should be subject to an increased voting requirement; and

WHEREAS, the City Council desires to provide specific voting requirements for removal of the City Manager from office dependent upon whether such removal is for cause or without cause.

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

SECTION 1. Section 2.04.180 (“Manner of addressing city council—time limit”) of Chapter

2.04 (“City Council”) of Title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code is hereby amended to read as follows:

2.04.180 - Manner of addressing city council—Time limit.

Each person addressing the city council at any city council meeting shall come forward to the speaker's rostrum, give his or her name and address in an audible tone of voice for the record and, unless further time is granted by the city council, shall limit his or her addresshave up to three minutes. All remarks shall be addressed to the city council as a body and not to any individual member thereof; and no person, other than a member of the city council and the individual having the floor, shall be permitted to comment upon such remarks while such individual has the floor, except by the express permission of the presiding officer. No question shall be asked of a city councilperson other than through the presiding officer.

1.Extending Time Limits. The mayor or mayor pro tem in the absence of the mayor, has the authority to extend the time limits for members of the public speaking of testifying during meetings of the city council.

2. Shortening Time Limits. The mayor or mayor pro tem in the absence of the mayor, has the authority to reduce the allowed time if necessary to accommodate a larger number of speakers.

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3. In accordance with the Ralph M Brown Act, the city council and its advisory bodies shall provide at least twice the allotted time to a member of the public who utilizes a translator to ensure that non-English speakers receive the same opportunity to directly address the legislative body. This provision shall not apply to a meeting of the legislative body that utilizes simultaneous translation equipment in a manner that allows the legislative body to hear the translated public testimony simultaneously.

SECTION 2. Section 2.08.090 (“Removal from office”) of Chapter 2.08 (“City Manager”) of Title 2 (“Administration and Personnel”) of the City of Hollister Municipal Code is hereby amended to read as follows:

2.08.090 Removal from office.

Removal of the City Manager from office for cause shall require a three-fifths majority vote of the entire city council. Removal of the City Manager from office without cause shall require a four-fifths super majority vote of the entire city council.

SECTION 3. SEVERABILITY. If any part of this Ordinance is held invalid for any reason by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance, and the City Council hereby declares that it would have passed the remainder of the Ordinance if such invalid portion thereof had been deleted.

SECTION 4. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.

SECTION 5. PUBLICATION. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation.

INTRODUCED at a regular City Council meeting on November 20, 2023.

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

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1242 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 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
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Engineering
William Via, Community Services
Director

TITLE OF ITEM: RESOLUTION NO. 2023-237, A RESOLUTION OF THE CITY COUNCIL OF

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

IMPROVEMENT PROJECT

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

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

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

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

1. 2024 Pavement Rehabilitation Project

2. 2022 Slurry Seal Project

3. Ladd Lane and Southside Road Restoration Project

4. Santa Ana Road Re-Striping Project

5. McCray Street Driveway Replacement Project

6. Memorial Drive Pedestrian Crosswalk

7. Wentz, Brown, and Swope Alleys Reconstruction Project F.1
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FINANCIAL IMPACT: Funding will be provided by currently budgeted funds in the Capital Improvement Projects budget. The not-to-exceed amount includes an $18,597 contingency (less than 4%) to cover any unexpected costs or changes in scope.

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

ATTACHMENTS:

1. 2024 CIP Pavement Proposal-2023.10.25

2. 2024 Roadway Improvement Projects Presentation

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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RESOLUTION NO. 2023-237

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

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

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

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

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

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

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

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

PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 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

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Mary F. Lerner, City Attorney

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-237, 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
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

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

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

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

Project Understanding
The City wants to engage Kimley-Horn to prepare PS&E for several Capital Improvement Projects. The projects included in this proposal, as provided by the City, are:
· 2024 Pavement Rehabilitation Project
· 2022 City Wide Slurry Seal Project
· Ladd Lane and Southside Road Slurry Seal Project
· Santa Ana Road Re-Striping Project
· McCray Road Driveway Replacement Project
· Memorial Crosswalk at Youth Center
· Wentz, Browns, and Swope Alley Project
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Summary Fee Estimate
Project Estimated
Fee
Estimated Prelim
Construction Costs
CEQA Clearance $75,748 $0
2024 Pavement Rehabilitation Project $174,827 $3,800,000 2022 City Wide Slurry Seal Project $16,496 $1,500,000
Ladd Lane and Southside Road Slurry Seal Project $12,551 $625,000 Santa Ana Road Re-Striping Project $24,316 $200,000
McCray Road Driveway Replacement Project $32,292 $100,000 Memorial Crossing at Youth Center $95,097 $350,000
Wentz, Browns, and Swope Alley Project $50,076 $900,000 Total Estimated Fee $481,403 $7,475,000
The scope and estimated fees are broken out for each project separately below:

Scope of Work
Kimley-Horn will prepare the following work products:
2024 Roadway and Sanitary Sewer Improvements – CEQA
Clearance
It is anticipated that this series of projects would be eligible for a Class 2 CEQA exemption (Replacement or Reconstruction of existing facilities, CEQA Guidelines Section 15302).

A typical series of tasks to process an exemption include:
· Site visit and/or remote site analysis
· Prepare project description summary
· Characterize existing environmental conditions and surrounding uses · Provide qualitative/desktop review of potential environmental effects (note: depending on project and location, specific technical studies such as noise/vibration and construction air quality may be warranted and scoped separately)
· Document reasons and findings for the exemption using CEQA criteria · Prepare Notice of Exemption for filing by the Lead Agency (City) · Support City with limited project management and coordination F.1.a
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Task Fee
Tasks
Project
Manager Analyst II Admin Total
Hours Fee
$343 $154 $133
Task 1 - Site Visits 20.0 20.0 1.0 41.0 $10,073
Task 2 -Project Descriptions &
Documentation 60.0 140.0 15.0 215.0 $44,135
Task 3 - Prepare NOE for filing
by City 15.0 30.0 4.0 49.0 $10,297
Task 4 - Support and
coordination 15.0 15.0 2.0 32.0 $7,721
Labor Total 110.0 205.0 22.0 337.0 $72,226
Indirect Expenses (4.6% of labor)$3,322
Direct Expenses (Mileage)$200
Total Labor and Expenses $75,748
2024 Pavement Rehabilitation Project
Background and Approach
We have prepared this brief outline below to confirm our understanding of the work necessary to complete improvements along the 2024 Road Rehab segments, including improvement plans, along with preparing the associated engineer’s estimate and technical specifications, as part of preparing the construction contract documents. This memo contains our proposed scope and when approved, would be formalized to be included in an agreement for professional services.

Project Understanding and Scope of Services
Kimley-Horn will prepare plans, technical specifications, and the engineer’s estimate for road rehabilitation work along the street segments shown in Exhibit A (see attached) and listed in Table A below.

We anticipate that a grind and overlay will be performed on each of the streets shown in Exhibit A. We have included NCE Engineering, who will review the streets to confirm if alternative treatments are necessary, including the use of pavement fabric and base failure repair. NCE will summarize their field observations and recommendations and provide a memorandum to be included as part of the project documents. Significant changes different from the initial assumption of grind and overlay treatment with localized base repair, that could impact this scope of work are not anticipated. Should we determine additional or alternative improvements are recommended, we will discuss with the City and if appropriate, will incorporate those improvements into the plans.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Kimley-Horn will perform a field visit to identify curb ramps that we recommend for reconstruction and will identify which of those ramps can be designed as "field-fit" without survey, along with those for which survey will be needed. Based on the City’s initial investigation, the number of curb ramps assumed to require reconstruction are denoted in Table A. Our survey at curb ramp locations will not include a boundary survey or boundary layout; curb ramps will be designed under the assumption that the existing back of sidewalk represents the roadway right-of-way.

In addition to the pavement rehabilitation and curb ramp upgrades as noted in Table A, we understand that the City would like to install curb, gutter, and sidewalk along the South side of 3rd Street, beginning 50’ east of the UPRR railroad tracks to the intersection of 3rd St & McCray St. Currently, there is no existing curb, gutter, or sidewalk and the existing condition is a paved asphalt surface with access to multiple businesses. Kimley-Horn will perform a field visit to identify potential conflicts and will incorporate the limits of proposed work in our survey request. Given that no existing sidewalk exists, our survey for this location will include a boundary survey to accurately depict right of way, and ensure the proposed improvements are within the public right of way. It is anticipated that drainage infrastructure and improvements, or a vegetated swale, will need to be included to ensure no ponding occurs at roadway low points. It is assumed that no UPRR coordination or approval will be required as part of this scope of work.

Kimley-Horn will review record maps received from utilities and analyze utility data captured during topographic surveys to identify potential conflicts with the proposed improvements. We will identify utilities that require adjustment due to the project improvements, and we will determine those utilities that may require relocation. We will summarize and provide this information to the City. We assume that the City will be the primary point of contact in coordinating with utilities, including setting up and facilitating any necessary utility coordination meetings.

Should one or more meetings be necessary with utilities to address potential conflicts or adjustments, Kimley-Horn will participate in up to two (2) meetings with the City and impacted utilities in a technical/design lead role. Our role will be focused on working to determine the preferred strategy for dealing with utility conflicts, including adjustments, relocations, and protection in place. We will attempt to design around conflicts when practical.

Utility adjustments will be shown on the plans, to be performed either by the Contractor or by the utility owner. Our scope assumes that any relocations or major adjustments necessary will be designed and constructed by the utility owner and not included in the project plans. Our scope assumes that the City will prepare and send all letters to utilities, including project updates/ status letters and letters to notify utilities of any needs for adjustments or relocations.

Based on the proposed improvements, and location of proposed improvements, we do not anticipate any significant utility relocations or utility adjustments.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Table A
No
.Street Name From To
Approx
Length
(ft)
Approx
Width
(ft)
Approx
Area (SF)
Number of
Curb
Ramps
(EA)
1 Intersection of Fourth Street and Monterey
St --6,800 4
2 Monterey St.Fourth St.South St.1512 VARIES 68,060 12
3 Virginia Dr.West St.Locust St.566 28 15,848 2
4 West St 4th St.Virginia Dr 365 34 12,410 3
5 Fourth St.College St.West St.1090 VARIES 44,370 4
6 Fifth St.College St.Line St.1029 40 41,160 4
7 3rd Street
50’ East
UPRR
Tracks McCray St.320 36 11,520 4
Kimley-Horn will prepare the following work products:

1. Construction Plans, including:
a. Title sheet
b. Notes
c. Key Map
d. Typical Sections and Details
e. Horizontal Control Sheet
f. Curb Ramp Layout Sheets (1:5 scale)
g. Construction Details Sheets (Curb Ramp & Sidewalk Improvements) h. Pavement Rehabilitation & Striping Sheets (1:40 scale)

2. Technical specifications particular to the 2024 Road Rehab scope of work, that are to be included as part of one set of technical specifications for all projects listed in this proposal.

3. Probable opinion of construction costs for the project (engineer’s estimate)

4. Bid and construction support: Kimley-Horn will provide these services on a time and materials basis. We have estimated 20 hours of bid and construction support time. We anticipate that it could be necessary to assist the contractor with laying out the curb ramps that are “field-fit”.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

5. Pavement evaluation memorandum summarizing field notes, alternative recommendations, and additional improvements for pavement rehabilitation along the identified corridors.

Our scope includes the following submittals to the City for your review and comment:
· 65% Plans and estimate (P&E)
· 95% Plans, specifications, and estimate (PS&E)
· 100%/Final PS&E
After the 65% and 95% submittals, we will address the City’s comments as part of preparing the next submittal.

Fee Estimate
Sr.

Professio
nal II
Project
Manager/
Professio
nal I
Analyst III Analyst II Accounti
ng Admin Total
Hours Fee
$343.00 $189.00 $189.00 $154.00 $133.00 $133.00
1 Project
Management &
Coordination
4 12 6 6 6 34 $6,160
2 Data Collection 4 10 10 24 $4,186
3 65% P&E 12 50 100 180 2 344 $60,452
4 95% PS&E 10 30 70 120 2 232 $41,076
5 100% PS&E 6 15 30 80 2 133 $23,149
6 Bid/Construction
Support 8 12 20 $5,012
Labor Total 32 111 210 396 6 12 767 $140,035
Indirect Expenses (4.6% of labor)$6,442
Direct Expenses (Subconsultant, survey)$14,850
Direct Expenses (Subconsultant, pavement evaluation)$13,200 Direct Expenses (travel, printing, etc)$300
Total Labor and Expenses $ 174,827
Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a mutually agreeable schedule. 2022 City Wide Slurry Seal Project
Background and Approach
We have prepared this brief outline below to confirm our understanding of the work necessary to complete improvements identified in the 2022 City Wide Slurry Seal Project, including improvement F.1.a
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 plans, along with preparing the associated engineer’s estimate and technical specifications, as part of preparing the construction contract documents. This memo contains our proposed scope and when approved, would be formalized to be included in an agreement for professional services.

Project Understanding and Scope of Services
Kimley-Horn will prepare plans, technical specifications, and the engineer’s estimate for Slurry Seal work along the street segments shown in Exhibit A (see attached).

NCE Engineering will provide pavement evaluation services and will review the streets to confirm if alternative treatments are necessary, including the use of pavement fabric and base failure repair. NCE will summarize their field observations and recommendations and provide a memorandum to be included as part of the project documents. Significant changes different from the initial assumption of slurry seal treatment, that could impact this scope of work are not anticipated. Curb ramp improvements are not required when implementing slurry seal treatment, and as such has been excluded from this scope of work. Should we determine additional or alternative improvements are recommended, we will discuss with the City and if appropriate, will incorporate those improvements into the plans.

We understand that the City is currently reviewing the previously submitted 2022 City Wide Slurry Seal Project, submitted on September 22, 2022, which at the time was designated as a bid-ready package.

We understand that some of the streets and limits identified in the original planset have been revised, and additional plan changes are necessary to prepare a revised bid package. As such, we assume that the previously submitted bid-ready package on September 22, 2022 should be designated as a 65% submittal. Based on comments received from the City on this submittal, Kimley-Horn will advance the design to 95% PS&E, and subsequently 100%/Final PS&E.

It is understood that the proposed improvements outlined in the project understanding and scope of services is exempt from CEQA, and environmental permitting is not included in this scope of services Kimley-Horn will prepare the following work products:

1. Construction Plans, including:
a. Title sheet
b. General Notes & Details
c. Pavement Rehabilitation & Striping Sheets (1:40 scale)

2. Technical specifications particular to the 2022 Citywide Slurry Seal scope of work, that are to be included as part of one set of technical specifications for all projects listed in this proposal.

3. Probable opinion of construction costs for the project (engineer’s estimate)

4. Bid and construction support: Kimley-Horn will provide these services on a time and materials basis. We have estimated 10 hours of bid and construction support time.

5. Pavement evaluation memorandum summarizing field notes, alternative recommendations, and additional improvements for pavement rehabilitation along the identified corridors. For a cost effective and all-inclusive memorandum, the corridor segments particular to this 2022 F.1.a
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Citywide Slurry Seal Project will be included in one single memorandum as included in the scope of services and fee estimate for the 2024 Pavement Rehabilitation Project.

Our scope includes the following submittals to the City for your review and comment:
· 95% Plans, specifications, and estimate (PS&E)
· 100%/Final PS&E
After the 95% submittal, we will address the City’s comments as part of preparing the next submittal.

Fee Estimate
Tasks
Sr.

Professional II
Project
Manager/
Professional
I
Analyst
III
Analyst
II Accounting Admin Total
Hours Fee
$343.00 $189.00 $189.00 $154.00 $133.00 $133.00
1 Project
Management &
Coordination
4 4 2 2 12 $1,904
2 95% PS&E 6 4 6 20 36 $7,028
3 100% PS&E 2 4 4 12 22 $4,046
4 Bid/Constructio
n Support 4 6 $2,506
Labor Total 8 12 10 36 2 2 70 $15,484
Indirect Expenses (4.6% of labor)$712
Direct Expenses (travel, printing, etc)$300
Total Labor and Expenses $16,496
Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a mutually agreeable schedule.

Ladd Lane and Southside Road Slurry Seal Project
Project Understanding
The City wants to engage Kimley-Horn to provide professional design services to restore Ladd Lane and Southside Road to the condition immediately prior to the construction and implementation of improvements as detailed in the Ladd Lane & Southside Road Traffic Calming Improvements Plans, with the minor modifications bulleted below. Project limits are to be along Ladd Lane between Southside Road and approximately 300’ South of Tres Pinos Road, and Southside Road between San Benito Street and Ladd Lane. Additional project features, aside from restoration of signing and striping elements within these project limits, is to include the following:

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 · Installation of Radar Speed Feedback Signs Along Ladd Lane and Southside Road in both directions
· Striped Parallel Parking Along Southside Road Directly in Front of Ladd Lane Elementary School
· Slurry Seal Project Limits
· Speed Survey along Ladd Lane and Southside Road
Kimley-Horn understands that the City intends to incorporate these project limits and improvements into the 2024 City of Hollister Pavement Projects. It is also our understanding that the City would like to conduct an Engineering and Traffic Survey for reevaluate existing speed limits along the following roadway segments:
· Ladd Lane – Between Southside Road and approximately 300’ South of Tres Pinos Road · Southside Road – Between San Benito Street and Ladd Lane.

The speed survey will include collecting new speed and average daily traffic (ADT) data, as well as the development of recommendations for identified roadway segments. The study will be completed based on Section 2B.13 of the 2014 California MUTCD and Section 627 of the latest version of the California Vehicle Code (CVC). In addition, the study will also reflect the latest changes as per Assembly Bill No. 43 to the California Vehicle Code (CVC). The California Governor’s office approved AB 43 on 8 October 2021, which included amendments to Sections 627, 21400, 22352, 22354, 22358, and 40802 of, and to add Sections 22358.6, 22358.7, 22358.8, and 22358.9 to, the California Vehicle Code (CVC), relating to traffic safety.

It is understood that the proposed improvements outlined in the project understanding and scope of services is exempt from CEQA, and environmental permitting is not included in this scope of services Scope of Work
Kimley-Horn will prepare the following work products:

1. Construction Plans (up to 7 sheets), including:
. Title sheet
a. Notes (Revision to Existing General Notes Sheet in CIP C2204 Project) b. Signing & Striping Sheets (1:40 scale)
c. Construction Detail Sheet
We assume the demolition of existing features to be accounted for in the project specifications, general notes, and appropriate bid items, and do not assume any demolition plans as part of this scope of work.

We assume the following as it relates to the design of the Radar Speed Feedback Signs · City to provide/approve desired location of radar speed feedback signs along the corridor · Radar speed feedback signs assumed to be installed on existing street light poles · Radar speed feedback signs to be solar powered and no coordination with PG&E is assumed

2. Technical specifications from 2022 Citywide Slurry Seal Project (CIP C2204) to be revised to incorporate any project elements for the Ladd Lane and Southside Road Striping Project, that are not currently included
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

3. Kimley-Horn understands that the City intends to incorporate the Ladd Lane and Southside Road Striping Project into 1 singular 2024 City of Hollister Pavement Projects construction contract, which will include 6 total projects. As requested by the City, improvements pertaining to this Ladd Lane and Southside Road Improvement Project are to be accounted for as a separate bid list.

4. Bid and construction support: Kimley-Horn will provide these services on a time and materials basis. We have estimated 10 hours of bid and construction support time.

5. Speed Survey
.Field Visit: Kimley-Horn will conduct field observations for each of the roadway segments that will be surveyed. During the initial field observation, the exact location for the collection of the radar surveys will be identified. Site selection is critical to the accurate collection of free-flow speeds. The ideal location is situated beyond the influence of stops, dips, curves, parked vehicles, and any other condition that may affect the normal rate of travel. The ideal site must also allow for the collection of data to occur without coming to the attention of the motorists. After identifying the locations, Kimley-Horn will provide the information to the City for review prior to the speed data collection. Data collection will only occur after confirmation of the locations by the City.
a.Data Collection:Radar speed surveys will be conducted in good weather and on a typical weekday, outside of the peak period (not between 7 a.m. to 9 a.m. or 3 p.m. to 6 p.m.), at the two identified locations. The selected roadway segments will be surveyed during free- flow periods, and 100 samples will be taken in each direction at each high-volume location or multi-lane roadway. For low volume locations, the survey will be conducted for a minimum of one hour and will continue until 50 samples in each direction are obtained. For extremely low volume locations, a maximum of two hours will be dedicated to collecting samples, although this method will be confirmed with the City prior to limiting the surveys to under 50 per direction.

The radar speed surveys will be conducted by a licensed traffic counting firm. The radar speed survey will be performed with a well calibrated hand-held radar gun and Kimley-Horn will obtain a calibration certificate from traffic counting firm and submit it to the City prior to conducting any speed survey. Speed surveys will not be collected during peak hours, on holidays or during abnormal weather conditions, on school breaks, or periods of scheduled lane or street closures for construction.

It is our understanding that ADT data also needs to be collected at the identified roadway segments, unless latest count data is available from the City. b. Collision Data Review: Kimley-Horn will review SWITRS collision data for the last five years and calculate mid-block accident rates based on the collisions and average daily traffic volumes for each segment. Depending on the City’s preference, the calculated rates will be compared to average expected collision rates for similar streets within the City or to the collisions rates for similar roadway segments as summarized in the latest version of the California Department of Transportation Accident Data on California State Highways. c. Compile Data and Develop Recommendations of Speed Limits: Based on the statistical results of the speed surveys, collision review, and the field review of roadside conditions and characteristics, a recommendation of posted speed limits will be made for each segment surveyed. The results and recommended speed limit for each location will be summarized individually in a 2-page summary report format. The summary report will F.1.a
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 include segment name, limits of surveys, existing speed limit, proposed speed limit, dates and times of surveys, speed data, statistical results, and speed justification as appropriate.

The results and recommended speed limits will also be summarized in tabular form for all segments. The table summary format will include segment name, limits of surveys, existing speed limit, proposed speed limit, dates and times of surveys, data collection (by street classification), 10 mph pace, and downgrading justification as appropriate. d. Documentation: The speed survey results will be documented in form of a memo and submitted to the City for review and approval. Based on one set of non-conflicting comments on the draft memo, Kimley-Horn will prepare the final memo.

Our scope includes the following two (2) submittals to the City and assumes one (1) round of review and comments from the City upon submission of the 95% PS&E:
· 95% PS&E
· 100%/Final PS&E
Fee Estimate
Tasks
Sr.

Professio
nal II
Professio
nal II
Project
Manager/
Professio
nal I
Analyst III Accounti
ng Admin Total
Hours Fee
$343.00 $267.00 $189.00 $189.00 $133.00 $133.00
1 Project
Management &
Coordination
2 10 2 2 16 $2,956
2 Draft Ladd Lane
& Southside
Road
Improvements
2 8 8 18 $4,334
3 Final Ladd Lane
& Southside
Road
Improvements
2 4 4 10 $2,510
Labor Total 4 14 22 0 2 2 44 $9,800
Indirect Expenses (4.6% of labor)$451
Direct Expenses (Subconsultant, counts)$2,000
Direct Expenses (travel, printing, etc)$300
Total Labor and Expenses $ 12,551
Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a mutually agreeable schedule.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Santa Ana Road Re-Striping Project
Project Understanding
The City wants to engage Kimley-Horn to provide professional design services to slurry seal and stripe approximately 1,600 LF of roadway along Santa Ana Road, from approximately 200’ west of La Baig Drive to the Willow Landing Improvements west of the Memorial Drive and Santa Ana Road intersection. Per the latest rendering provided by the City, striping of this corridor will implement one 11’ lane on the North side, two 11’ lanes on the southside, of which one will lead into a right turn movement into the Gabilan Elementary School drop-off parking lot, and an additional 10’ lane on the South side, of which will be utilized as an additional right turn movement into the school drop-off parking lot during school drop-off and pick-up hours, and parking outside of those hours. Additionally, the City would like to revise the pointed median transition west of La Baig Dr to transition vehicles prior to the current existing condition. Project improvements are assumed to begin approximately 300’ East of the intersection of Santa Ana Rd and Highway 25 intersection, and no impacts to the existing storage lengths of the left turn pockets are anticipated. It is assumed that coordination or approval with Caltrans District 5 will not be required for the scope of improvements outlined in this proposal, and any coordination with Caltrans is excluded from this scope of services.

Kimley-Horn understands that the City intends to incorporate these project limits and improvements into the 2024 City of Hollister Pavement Projects.

It is understood that the proposed improvements outlined in the project understanding and scope of services is exempt from CEQA, and environmental permitting is not included in this scope of services Scope of Work
Kimley-Horn will prepare the following work products:

1. Preliminary Layout Plan
Based upon the project understanding, Kimley-Horn will prepare one (1) Preliminary Layout Plan that will display the signing and striping improvements along Santa Ana Road between the median conform West of La Baig Dr and the Willow Landing conform. Striping of this corridor will be based on the improvements in the Santa Ana Road rendering provided by the City.

We have included one (1) coordination meeting to discuss the preliminary layout with the City and have assumed one (1) set of non-conflicting comments from the City based upon the preliminary layout to prepare a revised preliminary layout, based on those comments.

2. Construction Plans (up to 5 sheets), including:
a. Title sheet
b. Notes (Revision to Existing General Notes Sheet in CIP C2204 Project) c. Pavement Rehabilitation and Striping Plan (1:20 scale) We assume the demolition of existing features to be accounted for in the project specifications, general notes, and appropriate bid items, and do not assume any demolition plans as part of this scope of work.

Limits of slurry seal to be noted on pavement rehabilitation and striping plan.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840

3. Technical specifications from 2022 Citywide Slurry Seal Project (CIP C2204) to be revised to incorporate any project elements for the Santa Ana Road Striping Project, that are not currently included

4. Kimley-Horn understands that the City intends to incorporate the Santa Ana Road Striping Project into 1 singular 2024 City of Hollister Pavement Projects construction contract, which will include 6 total projects. As requested by the City, improvements pertaining to this Santa Ana Road Striping Project are to be accounted for as a separate bid list.

5. Bid and construction support: Kimley-Horn will provide these services on a time and materials basis. We have estimated 10 hours of bid and construction support time.

Our scope includes the following three (3) submittals to the City and assumes one (1) round of review and comments from the City upon submission of the Preliminary Layout and 95% PS&E:
· Preliminary Layout of Striping Improvements
· 95% PS&E
· 100%/Final PS&E
Fee Estimate
Tasks
Sr.

Professio
nal II
Project
Manager/
Professio
nal I
Analyst III Analyst II Accounti
ng Admin Total
Hours Fee
$343.00 $189.00 $189.00 $154.00 $133.00 $133.00
1 Project
Management &
Coordination
8 4 2 2 16 $2,660
2 Data Collection 4 4 8 $1,372
3 Preliminary
Layout 2 4 4 12 22 $4,046
4 95% PS&E 4 6 8 30 48 $8,638
5 100% PS&E 2 4 4 10 20 $3,738
6 Bid/Construction
Support 4 6 10 $2,506
Labor Total 8 22 20 60 2 2 114 $22,960
Indirect Expenses (4.6% of labor)$1,056
Direct Expenses (travel, printing, etc)$300
Total Labor and Expenses $24,316
Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a mutually agreeable schedule.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 McCray Street Driveway Replacement Project
Background and Approach
We have prepared this brief outline below to confirm our understanding of the work necessary to complete improvements for the McCray Street Driveway Replacement Project, including improvement plans, along with preparing the associated engineer’s estimate and technical specifications, as part of preparing the construction contract documents. This memo contains our proposed scope and when approved, would be formalized to be included in an agreement for professional services.

Project Understanding and Scope of Services
The City wants to engage Kimley-Horn to provide professional design services to reconstruct the existing driveway at 1103 McCray St, and 1115 McCray St to provide a minimum 4’ ADA compliant path of travel behind the driveway. Currently, the existing driveway grade conforms at the existing back of walk and does not provide an ADA compliant path of travel.

Kimley-Horn will perform a field visit to identify any potential conflicts and constraints at the 2 driveway reconstruction locations. Our survey at both of these locations will not include a boundary survey or boundary layout; both driveways will be designed under the assumption that the existing back of sidewalk represents the roadway right-of-way.

Given the constraints at the existing back of walk, and steep existing driveway grades, Kimley-Horn will explore the feasibility of a bulbout at each of these driveways to provide a compliant City standard driveway design, along with a minimum 4’ wide ADA path of travel. Kimley-Horn will also explore the possibility of re-grading a portion of the existing asphalt driveway in lieu of a bulbout, assuming the improvements are maintained within the pubic right of way. As part of this scope of work, no drainage improvements are assumed to be necessary.

Kimley-Horn will review record maps received from utilities and analyze utility data captured during topographic surveys to identify potential conflicts with the proposed improvements. We will identify utilities that require adjustment due to the project improvements, and we will determine those utilities that may require relocation. We will summarize and provide this information to the City. We assume that the City will be the primary point of contact in coordinating with utilities, including setting up and facilitating any necessary utility coordination meetings.

Should one or more meetings be necessary with utilities to address potential conflicts or adjustments, Kimley-Horn will participate in up to two (2) meetings with the City and impacted utilities in a technical/design lead role. Our role will be focused on working to determine the preferred strategy for dealing with utility conflicts, including adjustments, relocations, and protection in place. We will attempt to design around conflicts when practical.

Utility adjustments will be shown on the plans, to be performed either by the Contractor or by the utility owner. Our scope assumes that any relocations or major adjustments necessary will be designed and constructed by the utility owner and not included in the project plans. Our scope assumes that the City will prepare and send all letters to utilities, including project updates/ status letters and letters to notify utilities of any needs for adjustments or relocations.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Based on the proposed improvements, and location of proposed improvements, we do not anticipate any significant utility relocations or utility adjustments.

It is understood that the proposed improvements outlined in the project understanding and scope of services is exempt from CEQA, and environmental permitting is not included in this scope of services Kimley-Horn will prepare the following work products:

1. Construction Plans, including:
a. Title sheet
b. Notes
c. Key Map
d. Horizontal Control Sheet
e. Driveway Layout Sheet (1:5 scale)
f. Construction Details Sheets

2. Technical specifications particular to the McCray Street Driveway Replacement scope of work, that are to be included as part of one set of technical specifications for all projects listed in this proposal.

3. Probable opinion of construction costs for the project (engineer’s estimate)

4. Bid and construction support: Kimley-Horn will provide these services on a time and materials basis. We have estimated 10 hours of bid and construction support time.

Our scope includes the following submittals to the City for your review and comment:
· 65% Plans and estimate (P&E)
· 95% Plans, specifications, and estimate (PS&E)
· 100%/Final PS&E
After the 65% and 95% submittals, we will address the City’s comments as part of preparing the next submittal.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Fee Estimate
Tasks
Sr.

Professio
nal II
Project
Manager/
Professio
nal I
Analyst III Analyst II Accounti
ng Admin Total
Hours Fee
$343.00 $189.00 $189.00 $154.00 $133.00 $133.00
1 Project
Management &
Coordination
8 4 2 2 16 $2,660
2 Data Collection 4 4 8 $1,372
3 65% P&E 2 6 10 40 58 $9,870
4 95% PS&E 4 4 6 20 34 $6,342
5 100% PS&E 2 4 6 10 22 $4,116
6 Bid/Construction
Support 4 6 10 $2,506
Labor Total 8 22 26 78 2 2 138 $26,866
Indirect Expenses (4.6% of labor)$1,236
Direct Expenses (Subconsultant, survey)$3,890
Direct Expenses (travel, printing, etc)$300
Total Labor and Expenses $32,292
Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a mutually agreeable schedule.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Memorial Crosswalk at Youth Center
Background and Approach
We have prepared this brief outline below to confirm our understanding of the work necessary to complete improvements for the Memorial Crosswalk at Youth Center Project, including improvement plans, along with preparing the associated engineer’s estimate and technical specifications, as part of preparing the construction contract documents. Prior to the preparation of the construction documents, a feasibility study will be prepared to document the feasibility of the improvements to be proposed. This memo contains our proposed scope and when approved, would be formalized to be included in an agreement for professional services.

Project Understanding and Scope of Services
The City wants to engage Kimley-Horn to provide professional design services to determine the feasibility of reconstructing the existing 5’ wide path at the Hollister Skate Park between Marine Drive and Memorial Drive to be a 10’ wide concrete path, along with installing two bulbouts along Memorial Drive to provide access from the 10’ wide concrete path from the skate park to the Bertha Briggs Memorial Youth Center. In addition to these improvements, the City wants to engage Kimley-Horn in understanding the feasibility of implementing a mid-block pedestrian refuge island, along with a rectangular rapid flashing beacon (RRFB).

Kimley-Horn will perform the following scope of services:

Task 1 – Project Management & Coordination
Kimley-Horn assumes that management activities will last through the completion of this contract as described in (tasks 2-6) and will not exceed six (6) months. Kimley-Horn will attend up to two (2) virtual meetings with the City to discuss project status and other critical issues throughout the project development. No in-person meetings are assumed in the scope. Coordination will be completed via email and phone correspondence. If Kimley-Horn’s attendance at an in-person meeting is requested, Kimley-Horn will request an additional service.

Kimley-Horn will review record maps received from utilities and analyze utility data captured during topographic surveys to identify potential conflicts with the proposed improvements. We will identify utilities that require adjustment due to the project improvements, and we will determine those utilities that may require relocation. We will summarize and provide this information to the City. We assume that the City will be the primary point of contact in coordinating with utilities, including setting up and facilitating any necessary utility coordination meetings.

Should one or more meetings be necessary with utilities to address potential conflicts or adjustments, Kimley-Horn will participate in up to two (2) meetings with the City and impacted utilities in a technical/design lead role. Our role will be focused on working to determine the preferred strategy for dealing with utility conflicts, including adjustments, relocations, and protection in place. We will attempt to design around conflicts when practical.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Utility adjustments will be shown on the plans, to be performed either by the Contractor or by the utility owner. Our scope assumes that any relocations or major adjustments necessary will be designed and constructed by the utility owner and not included in the project plans. Our scope assumes that the City will prepare and send all letters to utilities, including project updates/ status letters and letters to notify utilities of any needs for adjustments or relocations.

Based on the proposed improvements, and location of proposed improvements, we do not anticipate any significant utility relocations or utility adjustments.

Task 2 – Data Collection
Kimley-Horn will receive the following information from the City:
· Historical traffic volume data (vehicles and pedestrians) along Memorial Dr between the crosswalk location and Verdun Ave
· Historical vehicle speed data along Memorial Dr between the crosswalk location and Verdun Ave
· Collision data for the most recent 5-year duration at the project location Kimley-Horn will collect the following traffic counts:
· 72-hour Tube Data:
· Volume and speed data along Memorial Dr for a Tuesday, Wednesday,and Thursday for a total of 72-hours.
· Volumes to be reported by each direction for each 15-minute time interval. · Speed data to be reported by each direction and show the 50th, 85th, and 95th percentile speeds along each roadway.
· Pedestrian/Bicycle Counts:
· Volume data along Memorial Dr between the crosswalk location and Verdun Ave for one typical weekday from 6:00 AM to 8:00 PM
· These counts will include pedestrian and bicycle counts Kimley-Horn will conduct field observations along Memorial Dr between the crosswalk location and Sunnyslope Rd during the AM, school PM, and commute PM peak hours for a typical weekday to confirm the lane geometry in the study area and also observe peak hour traffic conditions. In addition to this data collection, Kimley-Horn will do a field review of the proposed improvements to determine potential existing constraints.

Task 3 – Crosswalk Warrant
Kimley-Horn will evaluate whether a crosswalk is warranted at the proposed location. This methodology may consider average daily traffic (ADT) volumes, number of lanes, median type, vehicle speeds, number of pedestrians crossing, and collisions. Kimley-Horn will also review the above criteria at one additional location based on the location of the highest number of pedestrians crossing Memorial Drive.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 No traffic operations analysis will be completed because it is not anticipated that any substantial queues or delay would result from the proposed mid-block crosswalk.

Task 4 – Technical Memorandum
Kimley-Horn will document the findings of our crosswalk evaluation in a technical memorandum. We will submit an electronic copy of a draft memorandum to you for your review. The letter will include a description of our process, assumptions, and results. Following your review and receipt of one set of non-conflicting comments, we will prepare a final technical memorandum and submit one hard copy for your use.

No in-person meetings are assumed in the scope. Coordination will be completed via email and phone correspondence. If Kimley-Horn’s attendance at a meeting is requested, Kimley-Horn will request an additional service.

Task 5 – Concept Development
Kimley-Horn will prepare one concept, per the improvements as outlined in the Project Understanding above. The concept will be prepared on a scaled aerial image and will include limits of proposed improvements. No survey, topographic information, or vertical design is included as part of this scope.

The intent of the concept will be to convey overall proposed scope of improvements, to identify any challenges with the proposed design, and to note any impacts to existing features. In conjunction with the concepts, a high level opinion of probable cost (OPC) will be provided with each concept.

Kimley-Horn will submit an electronic copy of the concept and OPC for your review. Following your review and receipt of one set of non-conflicting comments, we will refine the concept and OPC and submit a final electronic copy for your use.

Task 6 – Plans, Specifications, & Estimate (PS&E)
The following scope of work assumes that all proposed improvements as outlined in the project understanding above are feasible and confirmed by the City. Should we determine additional or alternative improvements are recommended, we will discuss with the City and if appropriate, will incorporate those improvements into the plans.

Our survey at both of the bulbout locations will not include a boundary survey or boundary layout; both bulbouts will be designed under the assumption that the existing back of sidewalk represents the roadway right-of-way. Additionally, it is assumed that the existing 5’ wide concrete path at the Hollister Skate Park is within City right of way, and as such reconstructing to a 10’ wide concrete path would still be maintained with in City right of way. It is assumed that the RRFB system will be solar powered and no coordination with PG&E will be required.

Kimley-Horn will prepare the following work products:
1) Construction Plans, including:
a) Title sheet
b) Notes
c) Key Map
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 d) Horizontal Control Sheet
e) Bulbout Layout Sheet (1:5 scale)
f) Concrete Path Layout Sheet (1:10 scale)
g) Construction Details Sheets
h) Drainage Sheet
i) Signing and Striping Sheet
j) RRFB Layout Sheet
k) RRFB Detail Sheet
2) Technical specifications particular to the Memorial Dr Pedestrian Crossing scope of work, that are to be included as part of one set of technical specifications for all projects listed in this proposal.
3) Probable opinion of construction costs for the project (engineer’s estimate) 4) Bid and construction support: Kimley-Horn will provide these services on a time and materials basis. We have estimated 20 hours of bid and construction support time.

Our scope includes the following submittals to the City for your review and comment:
· 65% Plans and estimate (P&E)
· 95% Plans, specifications, and estimate (PS&E)
· 100%/Final PS&E
After the 65% and 95% submittals, we will address the City’s comments as part of preparing the next submittal.

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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Fee Estimate
The estimated fee for the review and update is summarized in the table below:

Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a mutually agreeable schedule.

Tasks
Sr.

Professional
II
Project
Manager/
Professional
I
Analyst
III
Analyst
II Accounting Admin
Total
Hours Fee
$343.00 $189.00 $189.00 $154.00 $133.00 $133.00
1 Project
Management &
Coordination
12 6 6 6 30 $4,788
2 Data Collection 10 10 10 30 $5,320
3 Crosswalk
Warrant 4 10 14 $3,262
4 Technical
Memorandum 4 14 18 $4,018
5 Concept
Development 2 10 16 16 44 $8,064
6 PS&E
6a 65% P&E 2 20 40 100 162 $27,426
6b 95% PS&E 6 10 20 60 96 $16,968
6c 100% PS&E 2 6 12 20 40 $7,168
7 Bid/Construction
Support 6 14 20 $4,704
Labor Total 26 106 98 212 6 6 454 $81,718
Indirect Expenses (4.6% of labor)$3,759
Direct Expenses (Subconsultant, survey)$7,000
Direct Expenses (Subconsultant, counts)$1,870
Direct Expenses (travel, printing, etc)$750
Total Labor and Expenses $ 95,097
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Wentz, Browns, and Swope Alleys Project
Project Understanding & Scope
The City wants to engage Kimley-Horn to prepare plans and specifications for a reconstruction of:
· Wentz Alley between Monterey Street and Powell Street (+/- 1,000 LF) · Browns Alley between Monterey Street and West Street (+/- 500 LF) · Swope Alley between Monterey Street and West Street (+/- 500 LF) These sections of roadway function as an alleys, providing access to a number of properties. The plans will be prepared on a topographic ground survey, that was performed by Calvada Surveying, Inc. We understand that the City is currently reviewing the previously submitted Wentz, Browns, & Swope Alley’s Project (CIP 2216), dated May 22, 2023, which at the time was designated as a bid-ready package. We understand that the City will have the plans peer reviewed and that plan changes may be necessary to respond to comments and prepare a revised bid package. As such, we assume that the previously submitted bid-ready package on May 22, 2023, should be designated as a 65% submittal.

Based on comments received from the City on this submittal, Kimley-Horn will advance the design to 95% PS&E, and subsequently 100%/Final PS&E.

Kimley-Horn will prepare construction contract documents consisting of plans, technical specifications, bid list, and engineer’s estimate. The paving section for the alley will use the City’s standard A-1 pavement section of 3” AC on 8” AB with a concrete valley gutter down the center to collect drainage.

We anticipate the following sheets will be necessary:

1. Construction Plans (up to 14 sheets)
a. Cover sheet – 1 sheet
b. Notes – 1 sheet
c. Horizontal Control – 4 sheets
d. Plan and Profile – 5 sheets
e. Construction Details (Driveways, surface drainage details, custom conforms) – 3 sheets
f. Drainage Details – 1 sheets

2. Kimley-Horn will provide bid and construction support on a time and materials basis. We have estimated 24 hours of bid support time.

Additional services
Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. Additional services we can provide include, but are not limited to, the following:
· Sewer design
· Hydrology or Hydraulic Studies beyond the alleys in this proposal · Geotechnical Engineering services
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 Fee Estimate
The estimated fee for the review and update is summarized in the table below:

Project Schedule
Kimley-Horn will work diligently with the City of Hollister to meet a March 2024 bid date.

Project
Manager Prof II Prof I Analyst II Analyst Accntg Admin
Hours Fee
$343 $289 $189 $154 $145 $133 $133
Task 1 - PS&E (95% to Final)21.0 11.0 50.0 42.0 22.0 4 4 154 $30,554 Task 2 - Bid/Construction Support 20.0 14.0 30.0 1 1 66 $16,842 41 25 80 42 22 5 5 220 $47,396
Direct Expenses (Mileage)$500
Indirect Expenses (4.6% of labor)$2,180
$50,076Total Labor and Expenses
Labor Total
Review Items
Total
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kimley-horn.com 4637 Chabot Drive, Suite 300, Pleasanton, CA 94588 925.398.4840 F.1.a
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2024 Citywide Roadway
Improvement Projects
November 20, 2023
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•Grind and Overlay Pavement Rehabilitation
•City Wide Slurry Seal
•Wentz, Browns and Swope Alley Restoration
•Ladd Lane and Southside Road Re-Striping and Slurry Seal •Santa Ana Road Re -Striping and Slurry Seal
•McCray Street Driveway Replacement
•Memorial Drive Pedestrian Crossing
Grind and Overlay
Proposed Projects for 2024
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Grind and Overlay
o 4,500 Liner feet of roadways
•Intersection of Monterey Street and Fourth Street
•Monterey Street (4th Street – South Street)
•Virginia Drive (West Street – Locust Street)
•West Street (4th – Virginia Street)
•4th Street (College Street – West Street)
•5th Street (College – Line Street)
•3rd Street (East Street – McCray Street)
o 34 ADA Ramps
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PCI
42 48
43 66
60 41
26 Hollister’s roadway condition
is rated as Satisfactory with a PCI value of 74 as of
May 2021,
•Intersection of Monterey Street
and Fourth Street
•Monterey Street
•Virginia Drive
•West Street
•4th Street
•5th Street
•3rd Street
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City Wide Slurry Seal
Rehabilitation of 12 lane miles of local streets in the City and over 588 linear feet of crosswalks
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Wentz, Browns and Swope Alley
Restoration
•Full roadway reconstruction
•Drainage Improvements
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Ladd Lane Southside Road
•Removing existing striping, traffic circles and pavement markings
•Restore to previous condition
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Current Conditions
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Parking Conditions
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Santa Ana Road Re-Striping
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Memorial Drive Pedestrian Crossing
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Discussion
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 8, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: ORDINANCE NO. 1241 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING ARTICLE II -PURCHASING OF CHAPTER 3.06 – PROCEDURES FOR SUPPLIES, OF TITLE 3 - REVENUE AND FINANCE, OF THE HOLLISTER MUNICIPAL CODE

BRIEF DESCRIPTION: On November 6, 2023, the City Council introduced Ordinance 1241 to amend Article II (“Purchasing”) of Chapter 3.06 (“Procedures for Supplies, Property, and Services”) of Title 3 (“Revenue and Finance”) of the City of Hollister Municipal Code (“Ordinance”). Upon additional review of the ordinance, the city attorney identified that the best value section of the ordinance did not comply with the Public Contracts Code. The ordinance has been revised to comply with State law and is being reintroduced.

RECOMMENDATION: Introduce Ordinance 1241 amending Article II (“Purchasing”) of Chapter 3.06 ("Procedures for Supplies, Property, and Services") of Title 3 ("Revenue and Finance") of the Hollister Municipal Code.

DEPARTMENT SUMMARY: On November 6, 2023, the City Council held a noticed public hearing to introduce Ordinance 1241 to amend Article II (“Purchasing”) of Chapter 3.06 (“Procedures for Supplies, Property, and Services”) of Title 3 (“Revenue and Finance”) of the City of Hollister Municipal Code (“Ordinance”). Upon additional review of the ordinance, the city attorney identified that the best value section of the Ordinance did not comply with the Public Contracts Code. The ordinance has been revised to comply with state law and is being reintroduced.

FINANCIAL IMPACT: N/A

CEQA: N/A

ATTACHMENTS:

1. Exhibit A - Comparable Bid Limits

2. Exhibit B - Ordinance No. 1035

3. Exhibit C - Sample Community Workforce Agreement

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

STAFF RECOMMENDATION

David Mirrione, City Manager
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ORDINANCE NO. 1241

AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING ARTICLE II -PURCHASING OF CHAPTER 3.06 – PROCEDURES FOR SUPPLIES, OF TITLE 3 - REVENUE AND FINANCE,

OF THE HOLLISTER MUNICIPAL CODE

WHEREAS, City of Hollister Ordinance No. 1035 added chapter 3.06 entitled Procedures for Supplies, Property, and Services to the Hollister Municipal Code; and

WHEREAS, Section 3.06 Article II - Purchasing generally regulates the City’s procurement rules; and

WHEREAS, updates to the City’s procurement rules are warranted based on widespread economic changes and the necessity for operational efficiencies; and

WHEREAS, state law requires a city to adopt by ordinance policies and procedures, including bidding regulations, associated with the purchase of goods and services; and

WHEREAS, the City Council wishes to adopt contemporary purchasing rules that both protect and maximize the use of public funds.

NOW THEREFORE, pursuant to the Government Code, the City Council of the City of Hollister does hereby adopt the amended section Article II of Chapter 3.06 of Title 3 of the City of Hollister Municipal Code relating to purchasing. Chapter 3.06 Article II Title III of the City of Hollister Municipal Code is amended to read:

CHAPTER 3.06

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 and as may otherwise be specifically provided in this code.

The City Manager is the City’s designated purchasing agent and is therefore authorized to make purchases of all goods and services needed by the city or enter into contracts/agreements that obligate city funds. The City Manager may delegate limited purchasing authority to department directors and/or other city employees as may be required.

3.06.210 - Purchases more than one hundred thousand dollars ($100,000)

Except as otherwise directed by the City Council, whenever the amount to be expended for services, materials, equipment, or supplies is in excess of $100,000, the Department Head shall advertise for sealed bids and the purchase contract shall be awarded to the lowest responsive and responsible bidder, except in the case of a local vendor whose F.2
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bid meets the requirements of Section 3.06.245 herein and whose bid does not exceed five percent (5%) of the lowest responsive and responsible bidder; provided that the Council shall have the authority to reject any and all bids. Order splitting to avoid competitive requirements is prohibited.

For purposes of this article, “Responsive Bidder” is one who has submitted a bid that conforms in all material respects to the bid request. That is, compliance with the specifications. A “Responsible Bidder” has the capability in all respects to perform the contract requirement, and the integrity and reliability that will assure good faith performance. That is, the ability and means to perform.

The bid request shall be published in a local newspaper and/or advertised on the city’s website for at least ten calendar days prior to the bid opening date. The bid request shall describe the goods or services required, stating the date, time, and place assigned for the public opening of the bids. A secure, on-line bid submittal system, or other appropriate media, may be used in lieu of sealed bids opened in public, provided the City Manager has approved the system for accuracy, confidentiality, and reliability. No bids will be received any time after the time advertised in the announcement. The Department Head shall submit a tabulation of bids to the City Council together with a recommendation for award to the lowest responsive and responsible bidder.

3.06.220 - Purchases of more than ten thousand dollars ($10,000), but less than one hundred thousand dollars ($100,000)

All purchase orders or contracts for services, materials, equipment, or supplies involving amounts of more than $10,000, but less than $100,000, may be let by free and open competitive quotations. These contracts shall be let in the open market in a manner calculated to ensure the best interests of the public, after solicitation for quotations by mail, online source/website, telephone, email, or competitive negotiation by the City Manager or Department Head. In the solicitation for competitive quotations, the City shall contact at least three (3) potential sources of supply and include qualified local vendors. Order splitting to avoid competitive requirements is prohibited.

When comparing the competitive quotations, quotations from local vendors which meet the requirements of Section 3.06.245 herein shall be discounted by up to five percent (5%).

Purchases shall be made from the vendor with the lowest quotation unless a qualified vendor with a higher quotation can responsibly satisfy the City’s purchasing need.

Purchases where the vendor with the lowest quotation is not selected must first be reviewed and approved by the City Manager or Administrative Services Director before the purchase is made.

3.06.230 - Purchases of less than ten thousand dollars ($10,000)

Single purchases of $10,000.00 or less must be authorized by the City Manager or a Department Head. Only one quotation is required for purchases of $10,000 or less. If alternate quotations may result in a lower cost, then additional solicitations should be obtained. Furthermore, any quotation of more than $500 must be documented in writing.

Quotations may come from an online source (i.e. a website) only when the accuracy of F.2
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the online source can be verified. Order splitting to avoid competitive requirements is prohibited.

Purchases shall be made from the vendor with the lowest quotation unless a qualified vendor with a higher quotation can responsibly satisfy the City’s purchasing need.

Purchases where the vendor with the lowest quotation is not selected must first be reviewed and approved by the City Manager or Administrative Services Director before the purchase is made.

Petty cash up to $500.00 may be used to reimburse an employee making purchases subject to Section 3.06.230.

3.06.240 - Determination of lowest responsive and responsible bidder

In determining the lowest responsive and responsible bid for services, materials, equipment, or supplies, criteria will include, but not be limited to, the following:

A. The extent to which the offer meets the requirements and specifications of the city.

B. Life cycle cost or total cost of ownership, which includes acquisition, operating, maintenance, and disposal costs.

C. Impact on operational efficiency, which includes lead time and delivery requirements.

D. Ability and reliability of the bidder and suppliers to provide and guarantee the items procured.

E. Financial stability of the bidder.

3.06.245 - Local vendor preference

The City Council shall be authorized to give preferences for goods and services as permitted by applicable state or federal law and specifically provided for from time to time by City Council resolution or ordinance.

In procurement of goods or services for the city requirements, preference shall be given to those vendors who have a local presence in the City of Hollister, provided that the price, quality, terms, delivery, and service reputation are determined to be equal by the City Council under the criteria set forth in Section 3.06.240.

Contracts for goods or services may be awarded to a local vendor who is not the lowest responsive and responsible bidder but who has certified that it is a local vendor pursuant to this section and who is subject to taxation under the city's Uniform Local Sales and Use Tax Ordinance (Chapter 3.28 of the Hollister Municipal Code) if the amount of the difference between the local vendor and the lowest responsive and responsible bidder does not exceed five percent (5%) of the lowest responsive and responsible bid.

To qualify as a local vendor, the entity submitting the bid or quotation must certify to all of the following at the time that the bid or quotation is submitted:

A. It has fixed facilities with employees located within the city limits; and F.2
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B. It has a business street address (post office box or residential address shall not suffice to establish a local presence); and
C. All sales tax returns for the goods purchased must be reported to the state through a business within the geographical boundaries of the city, and the city will receive one percent or such percentage of sales tax of goods purchased as is allocable to the city from time to time under the existing state law; and D. It has a current city business license.

False certifications relating to local vendor preferences shall be immediate grounds for rejection of any bid or quotation, or in the case when the bid has been awarded, shall be grounds for voiding the bid or quotation, terminating any contract, and seeking damages thereto.

3.06.250 - Emergency purchases

An “Emergency” is defined as a situation in which an unforeseen circumstance constitutes a threat of physical injury or death to individuals and/or serious damage or destruction to public property. In case of Emergency, the City Manager is authorized to waive advertising and other bid solicitation procedures to purchase supplies, materials, equipment, or contractual services required for such Emergencies, without regard to amount limitation or prior approval by the City Council. When practical, the City Manager shall solicit informal bids and keep records of such solicitations prior to an award of order.

The City Manager shall report to the City Council at the next scheduled City Council meeting any Emergency purchases made on behalf of the city.

3.06.260 - Purchases without notice, advertisement, or competitive bids

Section deleted.

3.06.270 - Exceptions to the competitive process

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, financial auditors, insurance, copyrighted materials, sole source items, gas, electricity, water, telephones, and cooperative purchasing with other governmental agencies, such as school districts, joint powers authorities, local, county, state or federal agencies, when it is to the advantage of the city to purchase from such other governmental agencies.

“Sole source” describes a product or service available from only one known supplier as the result of unique performance capabilities, manufacturing processes, compatibility requirements, or market conditions.

An exemption from the competitive bidding process is not an exemption from any process necessary to establish a business relationship with a vendor, up to and including negotiating and executing an agreement or contract, as required by the City Attorney and/or City Manager.

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3.06.280 - Purchasing preference for products containing recycled materials

The purchasing agent shall establish and maintain procedures and specifications to ensure that the city gives preference in its purchasing decisions to products containing the maximum amount of recycled materials, where the quality and fitness of such products is equal to those of products containing a lesser amount of or no recycled materials and where the total cost of such products is reasonable in comparison to the total cost of those products containing a lesser amount or no recycled materials.

For purposes of this section, "product containing recycled materials" means a "recycled paper product" as that term is defined in Section 12301(c) of the Public Contract Code with respect to a paper product, and with respect to all other products means a "recycled product" as that term is defined in Section 12301(d) of the Public Contract Code.

To the extent that the California Public Contract Code or other provisions of state law provide for purchasing preferences which are more extensive than those established herein, or for additional procedures to increase the use of recycled materials, the provisions of state law shall prevail.

3.06.290 - Public Works Contracts

The City of Hollister has adopted the California Uniform Public Construction Cost Accounting Act which streamlines solicitation for Public Works Projects. The Public Works Department is responsible for administering all Public Works Projects. Approvals for Public Works contracts are as follows:

A. Orders up to $60,000 require City Manager approval, based on an informal solicitation.

B. Orders between $60,000 and $200,000 require City Manager approval, based on an attempt to obtain at least three informal bids.

C. Orders over $200,000 require City Council approval, after a formal bid solicitation process.

Bid limits are periodically reviewed and subject to change.

Formal Bid Solicitation

Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both.

A. The city shall maintain a list of qualified contractors, identified according to categories of work. “Qualified Contractors” are contractors licensed by the State to perform the subject work.

B. Minimum criteria for development and maintenance of the contractors list shall be pre-determined by the City. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids, unless the product or service is proprietary. All mailing of notices to contractors shall be completed not less than ten (10) calendar days before bids are due.

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C. The city may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Public Contracts Code section 22036.

D. All projects that are estimated to cost in excess of $250,000 will include a Project Labor Agreement or Community Workforce Agreement as a part of the bid specifications.

The California Uniform Construction Cost Accounting Commission shall determine, on a county-by-county basis, the appropriate construction trade journals which shall receive mailed, faxed, or emailed notice of all informal and formal construction contracts being bid for work within the specified county.

The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project and state the time and place for the submission of bids.

Best Value Procurement for Design-Build Projects

Best value procurement is a procurement process for construction services whereby a design and contractor team is selected based on objective criteria to determine the best combination of price and qualifications. Best value procurement may only be used for projects that utilize the for design/build delivery method, as defined by the Public Contracts Code. The City Manager, or designee, is authorized to solicit for Public Works Projects estimated to cost more than or equal to $1,000,000 using a best value process under the following conditions:

A. Selection Process and Criteria.

The city shall first prepare a set of documents setting forth the scope and estimated price of the project, after which the City must prepare and issue a request for qualifications to pre-qualify the design-build teams.

Based on the previously prepared set of documents, the City shall then prepare a request for proposals that invites the pre-qualified entities to submit competitive sealed proposals.

Best value specifications shall include, but not be limited to:

1. Criteria that the city will consider in evaluating bids.

2. The methodology and rating/weighting system that will be used to evaluate bids.

3. The relative importance or weight assigned to each criterion.

The City shall evaluate the qualifications of the bidders based solely upon the criteria set forth in the solicitation documents. The selection criteria used to evaluate the bidder qualifications may include, but is not limited to, the following:

a. Safety record: The prior history concerning the safe performance of construction contracts.
b. Past performance: The satisfactory performance on prior city contracts. c. Labor compliance: The ability to comply with, and past performance F.2
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compliance with, contract and statutory requirements for the payment of wages and qualifications of the workforce.
d. Project agreements: Participation in Project Labor Agreements and/or Community Workforce Agreements favorable to the city.
e. Demonstrated management competence: The experience,
competency, capability, and capacity of the specific project's proposed management staffing to timely complete projects similar in size, scope, or complexity to the project under consideration.
f. Financial condition: The financial resources needed to perform the contract. At a minimum, the criteria shall include a bidder's capacity to obtain all required bonds and insurance.
g. Project cost: The total direct and indirect project costs; including labor, materials, equipment, overhead and profit.
h. Relevant experience: The experience, competency, capability, and capacity to timely complete projects of similar size, scope, or complexity.

B. Final Selection and Award.

The City must award the contract to the lowest bidder that also meets the best value criteria.

The City Council retains the sole authority for approval and award of all best value procurements.

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

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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Ordinance No. 1241 is an original Ordinance, or true and correct copy of a City Ordinance, duly adopted by the Council of the City of Hollister at a regular meeting of said Council held on the 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
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Exhibit B
Formal Bid Limits

Agency Name Formal Bid
Limit Agency Name Formal Bid
Limit
Burlingame* $100,000 Santa Clara $100,000
Fremont $100,000 Santa Cruz $100,000
Gilroy $100,000
($35,000 - Public Works) San Juan Bautista* $50,000
Lancaster* $125,000 Seaside* $25,000
Marina $25,000 Stockton $75,000
Martinez* $100,000 Sunnyvale $100,000
Milpitas* $100,000 Watsonville* $100,000
Morgan Hill* $60,000 Sacramento County* $100,000
Redwood City $100,000 San Diego County $100,000
Sacramento $100,000 San Joaquin County* $200,000
San Bruno* $75,000 San Mateo County* $100,000
San Carlos* $75,000 Santa Clara County* $100,000
San Diego $200,000 California Schools &
Community Colleges $109,300
San Mateo $100,000 Federal
(Simplified Acquisition Threshold) $250,000

*Agencies that have adopted the California Uniform Public Construction Cost Accounting Act.

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4 9
2 Community Workforce Agreement
for the City of Hollister
1 COMMUNITY WORKFORCE AGREEMENT

FOR THE CITY OF HOLLISTER

INTRODUCTION/FINDINGS
This Community Workforce Agreement is entered into this ____ day of _____________, 20____, by and between the City of Hollister (hereinafter the “City”), together with its contractors and subcontractors of all tiers, who shall become signatory to this Agreement by signing the “Agreement to be Bound” (Addendum A) (hereinafter the “Contractor(s)/ Employer(s)”), and the Santa Clara and San Benito Counties Building and Construction Trades Council (hereinafter the “Council”) and the local Unions that have executed this Agreement (referred to collectively herein as the “Union(s)”).

The purpose of this Agreement is to promote the efficiency of construction operations through the use of skilled labor resulting in quality construction outcomes, and to provide for the peaceful settlement of labor disputes and grievances without strikes or lockouts, thereby promoting the public interest in assuring the timely and economical completion of the Project(s) covered by this Agreement.

WHEREAS, the timely and successful completion of the Project is of the utmost importance to meet the needs of the City and avoid increased costs resulting from delays in construction; and
WHEREAS, large numbers of workers of various skills will be required in the performance of construction work on the Project and will be represented by the Unions who are signatory to this Agreement and employed by the Contractors and subcontractors who are also signatory to this Agreement; and
WHEREAS, the use of skilled labor on construction work increases the safety of construction projects as well as the quality of completed work; and WHEREAS, it is recognized that on a Project of this magnitude with multiple contractors and bargaining units on the job site at the same time over an extended period of time, the potential for work disruption may be substantial without an overriding commitment to maintain continuity of work; and
WHEREAS, the interests of the general public, the City, the Unions, and the Contractors/Employers would be best served if the construction work proceeded in an orderly manner without disruption because of strikes, sympathy strikes, work stoppages, picketing, lockouts, slowdowns or other interferences with work; and WHEREAS, the Contractors/Employers and the Unions desire to mutually establish and stabilize wages, hours and working conditions for the workers employed on the Project and to encourage close cooperation among the Contractors/Employers and the Unions so that a satisfactory, continuous and harmonious relationship will exist; and WHEREAS, the parties agree that one of the primary purposes of this Agreement is to avoid the tensions that might arise on the Project if Union and non-union workers of different F.2.c
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2 employers were to work side by side on the Project, potentially leading to labor disputes that could delay completion of the Project; and
WHEREAS, the parties to this Agreement place a high priority upon the development of programs for the recruitment, training and employment of local area residents and military veterans, and recognize the ability of local pre-apprenticeship and apprenticeship programs to provide meaningful and sustainable career pathways in the construction industry; and WHEREAS, this Agreement is not intended to replace, interfere with, abrogate, diminish or modify existing local or national collective bargaining agreements in effect during the duration of the Project, insofar as a legally binding agreement exists between the Contractors/Employers and the Unions, except to the extent that the provisions of this Agreement are inconsistent with said collective bargaining agreements, in which event the provisions of this Agreement shall prevail; and
WHEREAS, the contract(s) for construction work on the Project will be awarded in accordance with the applicable provisions of the California State Public Contract Code and all state, local and federal laws; and
WHEREAS, the parties to this Agreement pledge their full good faith and trust to work toward the mutually satisfactory completion of the Project;

NOW, THEREFORE, IT IS AGREED BETWEEN AND AMONG THE PARTIES HERETO, AS FOLLOWS:

ARTICLE I

DEFINITIONS
“Agreement” means this Community Workforce Agreement.
“Agreement to be Bound” means the agreement (attached hereto as Addendum A) that shall be executed by each and every Contractor/Employer as a condition of working on the Project.
“City” means the City of Hollister, California and its governing board, officers, agents and employees, including managerial personnel.
“Completion” means that point at which there is Final Acceptance by the City of a Construction Contract and the City has filed a Notice of Completion. For purposes of this definition, "Final Acceptance" means that point in time at which the City has determined upon final inspection that the work has been completed in all respects and all required contract documents, contract drawings, warranties, certificates, manuals and data have been submitted and training completed in accordance with the contract documents and the City has executed a written acceptance of the work.
“Construction Contract” means the public works or improvement contract(s) (including design-bid, design-build, lease-leaseback or other contracts under which construction of the Project is done) awarded by the City that are necessary to complete the Project.

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3 "Contractor(s)/Employer(s)" or "Contractor(s)" or "Employer(s)" means any individual, firm, partnership or corporation (including the prime contractor, general contractor, construction manager, project manager, design-build entity, lease-leaseback entity or equivalent entity), or combination thereof, including joint ventures, and their successors and assigns, that is an independent business enterprise and enters into a contract with the City with respect to the construction of any part of the Project, and all contractors and subcontractors of any tier. “Council” means the Santa Clara and San Benito Counties Building and Construction Trades Council.
“Master Agreement” or “Schedule A” means the Master Collective Bargaining Agreement of each craft Union signatory hereto.
“Project” means all City projects where either the engineer’s estimate of the total cost of the project or the actual cumulative bid amount(s) submitted by the contractor(s) awarded the Construction Contract(s) for the Project, exceeds two hundred and fifty thousand dollars ($250,000) or, if the City has opted into the Uniform Public Construction Cost Accounting Act (Public Contract Code § 22032), the threshold after which a formal bidding procedure is required, whichever is higher. All Construction Contracts required to complete an integrated Project shall be considered in determining whether the threshold herein is met. The City and the Council may mutually agree in writing to add additional projects or components to be covered by this Agreement. The term “Project” applies to each and all projects as defined in this section, whether used in the singular or plural herein.
“Project Manager” means the person(s) or entity(ies) designated by the City to oversee all phases of construction on the Project and the implementation of this Agreement. “Union” or “Unions” means the Santa Clara and San Benito Counties Building and Construction Trades Council and the Unions signatory to this Agreement, acting on their own behalf and on behalf of their respective affiliates and member organizations whose names are subscribed hereto and who have through their officers executed this Agreement.

ARTICLE II

SCOPE OF AGREEMENT

2.1 Parties: This Agreement applies and is limited to all Contractors/Employers performing work under a Construction Contract on the Project (including subcontractors at any tier) and their successors and assigns, the City, the Council, and the Unions signatory to this Agreement.

2.2 Applicability: This Agreement governs all Construction Contracts awarded on the Project. For purposes of this Agreement, Construction Contracts shall be considered Completed as set forth in Section 1.4, except when the City directs a Contractor to engage in repairs, warranty work, modifications, or punch list work under a Construction Contract or when a Contractor performs work under a change order for a Construction Contract.

2.3 Covered Work: This Agreement covers, without limitation, all site preparation, surveying, construction, alteration, demolition, installation, improvement, remediation, retrofit, F.2.c
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4 painting or repair of buildings, structures and other works, and related activities for the Project that is within the craft jurisdiction of one of the Unions and that is directly or indirectly part of the Project, including, without limitation to the following examples, landscaping and temporary fencing, temporary HVAC, geotechnical and exploratory drilling, soils and materials testing and inspection, pipelines (including those in linear corridors built to serve the Project), pumps, pump stations, start-up, modular furniture installation, and final clean-up. This Agreement covers work done for the Project in temporary yards, dedicated sites, or areas adjacent to the Project, and at any on-site or off-site batch plant constructed to supply materials to the Project.

2.3.1 This Agreement applies to any start-up, calibration, commissioning, performance testing, repair, maintenance, and operational revisions to systems and/or subsystems for the Project performed after Completion, unless performed by City employees.

2.3.2 This Agreement covers all on-site fabrication work over which the City, Contractor(s)/Employer(s) or subcontractor(s) possess the right of control (including work done for the Project in any temporary yard or area established for the Project). This Agreement also covers any off-site work, including fabrication, that is traditionally performed by the Unions and is directly or indirectly part of the Project, provided such work is covered by a Master Agreement or local addenda to a national agreement of the applicable Union(s).

2.3.3 Except for the delivery of supplies, equipment or materials that are stockpiled for later use, this Agreement covers all construction trucking work, including the hauling and delivery of ready-mix, asphalt, aggregate, sand, soil or other fill or similar material that is directly incorporated into the construction process as well as the off-hauling of soil, sand, gravel, rocks, concrete, asphalt, excavation materials, construction debris and excess fill, material and/or mud. Contractor(s)/Employer(s), including brokers, of persons providing construction trucking work shall provide certified payroll records to the City within ten (10) days of written request or as required by the bid specifications.

2.3.4 Work covered by this Agreement within the following craft jurisdictions shall be performed under the terms of their National Agreements as follows: the National Transient Lodge (NTL) Articles of Agreement, the National Stack/Chimney Agreement, the National Cooling Tower Agreement, the National Agreement of Elevator Constructors, and any instrument calibration work and loop checking shall be performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians, with the exception that Articles IV, XIII and XIV of this Agreement shall apply to such work.

2.4 Exclusions: The following shall be excluded from the scope of this Agreement.

2.4.1 This Agreement shall not apply to work performed by the City’s own employees as permitted by the Public Contract Code.

2.4.2 This Agreement shall not apply to a Contractor/Employer’s non-construction craft executives, managerial employees, administrative personnel, and supervisors above the level of general foreman, unless covered by a Master Agreement.

2.4.3 This Agreement shall not apply to any non-Project work performed on or near or leading to the site of work covered by this Agreement that is undertaken by state, county, F.2.c
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5 city, or other governmental bodies or their contractors. Work performed by public or private utilities including all electrical utility, voice-data-video, and security installation work ahead of and up to the electrical service entry connection or the main point of entry into the building shall be excluded. All electrical utility, voice-data-video, and security installation work performed after the electrical utility service entrance or the main point of entry shall be Covered Work.

Additionally, all contracted work performed ahead of the service entrance connection and main point of entry that is inside the property line and provides for access to the building via a conduit or series of conduits shall be Covered Work.

2.4.4 This Agreement shall not apply to the off-site maintenance of leased equipment and on-site supervision of such work.

2.5 Award of Contracts: It is understood and agreed that the City has the right to select any qualified bidder for the award of a Construction Contract under this Agreement. The bidder need only be willing, ready and able to execute and comply with this Agreement. It is further agreed that this Agreement shall be included in all invitations to bid or solicitations for proposals from contractors or subcontractors for work on the Project. The City shall provide a copy of all such invitations to bid to the Council at the time of issuance.

ARTICLE III

EFFECT OF AGREEMENT

3.1 By executing this Agreement, the Council, the Unions and the City agree to be bound by each and all of the provisions of the Agreement.

3.2 By accepting the award of work under a Construction Contract for the Project, whether as a Contractor or subcontractor thereunder, all Contractors/Employers agree to be bound by each and every provision of this Agreement and agree to evidence their acceptance prior to the commencement of work by executing the Agreement to be Bound in the form attached hereto as Addendum A.

3.3 At the time that any Contractor/Employer enters into a subcontract with any subcontractor providing for the performance of work under a Construction Contract, the Contractor/Employer shall provide a copy of this Agreement to said subcontractor and shall require the subcontractor, as a condition of accepting the award of a construction subcontract, to agree in writing, by executing the Agreement to be Bound, to be bound by each and every provision of this Agreement prior to the commencement of work. The obligations of a Contractor may not be evaded by subcontracting. If the subcontractor refuses to execute the Agreement to be Bound, then such subcontractor shall not be awarded a Construction Contract on the Project.

3.4 This Agreement shall only be binding on the signatory parties hereto, and their successors and assigns, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such party. Each Contractor shall alone be liable and responsible for its own individual acts and conduct and for any breach or alleged breach of this Agreement, except as otherwise provided by law or the applicable Master Agreement. Any dispute between the Union(s) and the Contractor(s) with respect to compliance with this Agreement shall not affect the rights, liabilities, obligations and duties between the Union(s) and other Contractor(s) party to this Agreement.

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6 3.5 It is mutually agreed by the parties that any liability by a Union signatory to this Agreement shall be several and not joint. Any alleged breach of this Agreement by a Union shall not affect the rights, liabilities, obligations and duties between the Contractor(s) and the other Union(s) party to this Agreement.

3.6 The provisions of this Agreement, including the Schedule As incorporated herein by reference, shall apply to the work covered by this Agreement, notwithstanding the provisions of any other local, area and/or national agreements which may conflict with or differ from the terms of this Agreement. To the extent a provision of this Agreement conflicts with a Schedule A, the provision of this Agreement shall prevail. Where a provision of a Schedule A does not conflict with this Agreement, the provision of the Schedule A shall apply.

ARTICLE IV

WORK STOPPAGES, STRIKES, SYMPATHY STRIKES AND LOCKOUTS

4.1. The Unions, the City, and the Contractor(s)/Employer(s) covered by this Agreement agree that for the duration of the Project:

4.1.1 There shall be no strikes, sympathy strikes, work stoppages, picketing, handbilling or otherwise advising the public that a labor dispute exists, or slowdowns of any kind, for any reason, by the Unions or employees employed on the Project, at the job site of the Project or any other City facility because of a dispute on the Project. Disputes arising between the Unions and Contractor(s)/ Employer(s) on other City projects are not governed by the terms of the Agreement or this Article.

4.1.2 There shall be no lockout of any kind by a Contractor/Employer of workers employed on the Project.

4.1.3 If a Master Agreement expires before the Contractor/Employer completes the performance of work under a Construction Contract and the Union or Contractor/Employer gives notice of a demand for a new or modified Master Agreement, the Union agrees that it will not strike on work covered by this Agreement and the Union and the Contractor/Employer agree that the expired Master Agreement will continue in full force and effect for work covered under this Agreement until a new or modified Master Agreement is reached. If the new or modified Master Agreement provides that any terms of the Master Agreement shall be retroactive, the Contractor/ Employer agrees to comply with any retroactive terms of the new or modified Master Agreement that are applicable to any employee(s) on the Project during the interim, with retroactive payment due within seven (7) calendar days of the effective date of the new or modified Master Agreement.

4.1.4 In the case of nonpayment of wages or trust fund contributions on the Project, the Union shall give the City and the Contractor/Employer three (3) business days’ notice when nonpayment of trust fund contributions has occurred, and one (1) business day’s notice when nonpayment of wages has occurred or when paychecks being tendered to a financial institution normally recognized to honor such paychecks will not honor such paycheck, of the intent to withhold labor from the Contractor/Employers’ or their subcontractor's workforce, during which time the Contractor/Employer may correct the default. In this instance, a Union's withholding of labor (but not picketing) from a Contractor/Employer who has failed to pay its F.2.c
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7 fringe benefit contributions or failed to meet its weekly payroll shall not be considered a violation of this Article.

4.1.5 Notification: If the City or any Contractor contends that any Union has violated this Article, it will so notify in writing the Senior Executive of the Council and the Senior Executive of the Union, setting forth the facts alleged to violate the Article, prior to instituting the expedited arbitration procedure set forth below. The Council will immediately use its best efforts to cause the cessation of any violation of this Article. The leadership of the Union will immediately inform the workers of their obligations under this Article. A Union complying with this obligation shall not be held responsible for the unauthorized acts of employees it represents.

4.2 Expedited Arbitration: Any party to this Agreement shall institute the following procedure, prior to initiating any other action at law or equity, when a breach of this Article is alleged to have occurred.

4.2.1 A party invoking this procedure shall notify Robert Hirsch, as the permanent arbitrator, or Barry Winograd, as the alternate arbitrator, under this procedure. In the event the permanent arbitrator is unavailable at any time, the alternate will be contacted. If neither is available, the parties shall select the arbitrator from the list in Section 13.4. Notice to the arbitrator shall be by the most expeditious means available, with notice by email and telephone to the City, the involved Contractor, and the party alleged to be in violation, and to the Council and involved local Union if a Union is alleged to be in violation.

4.2.2 Upon receipt of said notice, the City will contact the permanent arbitrator named above, or the alternate if the permanent arbitrator is not available, who will attempt to convene a hearing within twenty-four (24) hours if it is contended that the violation still exists.

4.2.3 The arbitrator shall notify the parties by email and telephone of the place and time for the hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's discretion, shall not exceed twenty-four (24) hours unless otherwise agreed upon by all parties. A failure of any party to attend said hearings shall not delay the hearing of evidence or the issuance of an award by the arbitrator.

4.2.4 The sole issue at the hearing shall be whether or not a violation of Section

4.1 of the Agreement has occurred. The arbitrator shall have no authority to consider any matter of justification, explanation or mitigation of such violation or to award damages, which issue is reserved for court proceedings, if any. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without a written opinion. If any party desires a written opinion, one shall be issued within fifteen (15) calendar days, but the parties shall not delay compliance with or enforcement of the award due to the issuance of a written opinion. The arbitrator may order cessation of the violation of this Article, and the arbitrator’s award shall be served on all parties by hand or registered mail upon issuance. Should a party found in violation of this Article fail to comply with the arbitrator's award ordering the party to cease the violation, the party in violation shall pay to the affected party as liquidated damages the sum of ten thousand dollars ($10,000.00) per shift for which it failed to comply, or portion thereof, until F.2.c
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8 such violation is ceased. The arbitrator shall retain jurisdiction to resolve any disputes regarding the liquidated damages claimed under this section.

4.2.5 The arbitrator’s award may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to above in the following manner. The party filing such enforcement proceedings shall give written notice to the other party. In a proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all parties waive the right to a hearing and agree that such proceeding may be ex parte. However, such agreement does not waive any party's right to seek or participate in a hearing for a final order of enforcement. Any court order enforcing the arbitrator's award shall be served on all parties by hand or delivered by certified mail.

4.2.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure, or which interfere with compliance with the above procedure, are waived by the parties.

4.2.7 The fees and expenses of the arbitrator shall be divided equally between the party instituting the arbitration proceedings provided in this Article and the party alleged to be in breach of its obligation under this Article.

4.2.8 Should either the permanent or the alternate arbitrator identified above no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE V

PRE-JOB CONFERENCES

5.1 Timing: The Project Manager shall convene and conduct, at a location and time mutually agreeable to the Council, a pre-job conference with the Unions and the representatives of all involved Contractors/Employers, who shall be prepared to announce craft assignments and discuss in detail the scope of work and the other issues set forth below, at least fourteen (14) calendar days prior to:
(a) The commencement of any Project work, and
(b) The commencement of Project work on any subsequently awarded Construction Contract.

5.2 The pre-job conference shall be attended by a representative of each participating Contractor and each affected Union, and the Council and City may attend at their discretion.

5.3 The pre-job conference shall include but not be limited to the following subjects:
(a) A listing of each Contractor’s scope of work;
(b) The craft assignments;
(c) The estimated number of craft workers required to perform the work; (d) Transportation arrangements;
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9 (e) The estimated start and completion dates of the work; and (f) Discussion of pre-fabricated materials.

5.4 Joint Administrative Committee: In order to ensure the terms of this Agreement are being fulfilled and concerns pertaining to the operation of this Agreement are addressed, the City and the Council shall establish a Joint Administrative Committee comprised of an equal number of representatives from the City and the Council. The Joint Administrative Committee shall meet as needed during the term of construction, at least annually, to assess the implementation of this Agreement, review the progress of the Projects, and facilitate harmonious relations between the parties. Both the City and the Council shall have the right to call a meeting of the Joint Administrative Committee.

ARTICLE VI

NO DISCRIMINATION

6.1 The Contractors/Employers and the Unions agree to comply with all anti- discrimination provisions of federal, state, and local law, to protect employees and applicants for employment, on the Project.

ARTICLE VII

UNION SECURITY

7.1 The Contractors/Employers recognize the Unions as the sole bargaining representative of all craft employees performing Covered Work under this Agreement, and all such employees must be represented by a Union for the duration of their employment on the Project.

7.2 The Contractors/Employers shall make and transmit all deductions for Union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Agreement. This Agreement does not require any employee of a non- Union contractor to join a Union or to pay dues or fees to a Union as a condition of working on the Project; however, nothing in this Article is intended to supersede the requirements of the applicable Master Agreements as to Contractors/Employers signatory to such Master Agreements and as to employees of those Contractors/Employers who are performing Covered Work.

7.3 Authorized representatives of the Unions shall have access to the Project whenever work covered by this Agreement is being, has been, or will be performed on the Project.

ARTICLE VIII

REFERRAL

8.1 Contractor(s)/Employer(s) performing construction work on the Project shall, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established or authorized by the Unions signatory hereto. The Contractor(s)/Employer(s) F.2.c
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10 shall have the right to reject any applicant referred by the Union(s), in accordance with the applicable Master Agreement.

8.2 Contractor(s)/Employer(s) shall have the unqualified right to select and hire directly all supervisors above the level of general foreman it considers necessary and desirable, without such persons being referred by the Union(s), unless such craft construction employee is covered by a Master Agreement.

8.3 In the event that referral facilities maintained by the Union(s) are unable to fill the requisition of a Contractor/Employer for employees within a forty-eight (48) hour period (Saturdays, Sundays and Holidays excluded) after such requisition is made by the Contractor/Employer, the Contractor/Employer shall be free to obtain the worker(s) from any source. A Contractor/Employer who hires a worker(s) to perform Covered Work on the Project pursuant to this section shall immediately provide the appropriate Union with the name and address of such worker(s) and shall immediately refer such worker(s) to the appropriate Union to satisfy the requirements of Article VII of this Agreement.

ARTICLE IX

WAGES AND BENEFITS

9.1 The Contractors/Employers agree to pay contributions to the vacation, pension and/or other deferred compensation plan, apprenticeship, worker protection and assistance, and health benefit funds established by the applicable Master Agreement(s) for each hour worked on the Project, in the amounts designated in the applicable Master Agreement(s).

9.2 By signing this Agreement, the Contractors/Employers adopt and agree to be bound by the written terms of the legally established Trust Agreements described in Section 9.1, which may from time to time be amended, specifying the detailed basis upon which payments are to be made into, and benefits paid out of, such Trust Funds. The Contractors/Employers authorize the parties to such local Trust Agreements to appoint trustees and successor trustees to administer the Trust Funds and hereby ratify and accept the trustees so appointed as if they were appointed by the Contractors/Employers. The Contractors/Employers agree to execute a separate subscription agreement(s) when such Trust Fund(s) requires such document(s).

9.3 Wages, Hours, Terms and Conditions of Employment: The wages, hours and other terms and conditions of employment on the Project shall be governed by the Master Agreement of the respective craft, to the extent such Master Agreement is not inconsistent with this Agreement. Where a subject is covered by the Master Agreement and not covered by this Agreement, the Master Agreement will prevail. When a subject is covered by both the Master Agreement and this Agreement, to the extent there is any inconsistency, this Agreement will prevail.

9.4 Holidays: Holidays shall be as set forth in the applicable Master Agreement.

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11 ARTICLE X

APPRENTICES

10.1 Recognizing the need to develop adequate numbers of competent workers in the construction industry, including on public works projects, the Contractors/Employers shall employ apprentices from a California state-approved Joint Apprenticeship Training Program in their respective crafts, to perform such work as is within their capabilities and that is customarily performed by the craft in which they are indentured.

10.2 Apprentice ratios will be in compliance with the provisions of the California Labor Code and the applicable state prevailing wage determination.

10.3 Consistent with the Master Agreements, there shall be no restriction on the utilization of apprentices in performing the work of their craft provided they are properly indentured and supervised.

10.4 In order to increase apprenticeship opportunities for traditionally underrepresented and targeted workers, the parties shall comply with the Targeted Hire Addendum attached hereto as Addendum B.

ARTICLE XI

HELMETS TO HARDHATS

11.1 The Contractors/Employers and Unions recognize a desire to facilitate the entry into the building and construction trades of veterans who are interested in careers in the building and construction industry. The Contractors/Employers and Unions agree to utilize the services of the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter “Center”) and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the parties.

11.2 The Unions and Contractors/Employers agree to coordinate with the Center to participate in an integrated database of veterans interested in working on the Project and of apprenticeship and employment opportunities for the Project. To the extent permitted by law, the Unions will give credit to such veterans for bona fide, provable past experience.

ARTICLE XII

COMPLIANCE

12.1 It shall be the res ponsibility of the Contractors /Employers and Unions to investigate and monitor compliance with the provisions of Article IX of this Agreement .

Nothing in this Agreement shall be construed to interfere with or supersede the usual and customary legal remedies available to the Unions and/or employee benefit Trust Funds to collect delinquent wages or Trust Fund contributions from Contractors/Employers on the Project. Because the Project is a public work subject to the California Labor Code, the City shall monitor and enforce the Contractors/Employers’ compliance with state prevailing wage requirements as well as this Agreement.

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12 ARTICLE XIII

GRIEVANCE ARBITRATION PROCEDURE

13.1 Project Labor Disputes: All disputes involving the application or interpretation of a Master Agreement to which a Contractor/Employer and a Union are parties shall be resolved pursuant to the resolution procedures of the Master Agreement. All disputes relating to the interpretation or application of this Agreement, other than disputes under Article IV and Article XIV, shall be subject to resolution by the grievance arbitration procedures set forth in this Article.

13.2 Employee Discipline: All disputes involving the discipline and/or discharge of an employee working on the Project shall be resolved through the grievance and arbitration provisions contained in the Master Agreement for the craft of the affected employee. No employee working on the Project shall be disciplined or discharged without just cause.

13.3 No grievance shall be recognized unless the grieving party (Union or District Council on its own behalf, or on behalf of an employee whom it represents, or a Contractor/Employer on its own behalf) provides notice in writing to the party with whom it has a dispute within five (5) business days after becoming aware of the dispute but in no event more than thirty (30) business days after it reasonably should have become aware of the event giving rise to the dispute. Time limits may be extended by mutual agreement of the parties.

13.4 Grievances shall be settled according to the following procedures:

Step 1: Within five (5) business days after the receipt of the written notice of the grievance, the representative of the involved Union or District Council, or his/her designee, and the representative of the involved Contractor/Employer, shall confer and attempt to resolve the grievance.

Step 2: If the grievance is not resolved at Step 1, within five (5) business days of the Step 1 meeting or the conclusion of efforts to resolve the grievance at Step 1, the alleged grievance may be referred in writing by either involved party to the Business Manager(s) of the affected Union(s) involved and the Labor Relations Manager of the Contractor/Employer, or the Contractor/Employer’s designated representative, for discussion and resolution. This time limit may be extended by mutual consent of both parties. Regardless of which party has initiated the grievance, the Union shall notify its International Union representative prior to the Step 2 meeting, and the International Union representative shall advise if it intends to participate in the Step 2 meeting. The Project Manager and the Council shall have the right to participate in any efforts to resolve the dispute at Step 2.

Step 3: If the grievance is not resolved at Step 2, either party may request the dispute be submitted to arbitration within five (5) business days of the Step 2 meeting or the conclusion of efforts to resolve the grievance at Step 2. This time limit may be extended by mutual consent of both parties. Within five (5) business days after referral of a dispute to arbitration, the representatives shall notify the permanent arbitrator designated in Article IV, or if not available, the alternate arbitrator designated in Article IV, for final and binding arbitration. If the permanent arbitrator or the alternate is not available, an arbitrator shall be selected by the alternate striking method from the list of three (3) below. The order of striking names from the F.2.c
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13 list of arbitrators shall be determined by a coin toss, the winner of which shall decide whether they wish to strike first or second.

1. William Riker

2. Carol Vendrillo

3. Morris Davis

13.5 The decision of the arbitrator shall be final and binding on all parties. The arbitrator shall have no authority to change, amend, add to or detract from any of the provisions of the Agreement. The expense of the arbitrator shall be borne equally by both parties. The arbitrator shall arrange for a hearing on the earliest available date from the date of his/her selection. A decision shall be given to the parties within five (5) calendar days after completion of the hearing unless such time is extended by mutual agreement. A written opinion may be requested by a party from the presiding arbitrator.

13.6 The time limits specified at any step of the grievance procedure may be extended by mutual agreement of the parties. However, failure to process a grievance, or failure to respond in writing within the time limits provided above, without an agreed upon extension of time, shall be deemed a waiver of such grievance without prejudice, or without precedent to the processing and/or resolution of like or similar grievances or disputes.

13.7 In order to encourage the resolution of disputes and grievances at Steps 1 and 2 of this grievance procedure, the parties agree that such settlements shall not be precedent setting.

13.8 Retention: At the time a grievance is submitted under this Agreement or any Master Agreement, the Union(s) may request that the City withhold and retain an amount from what is due and owing to the Contractor(s) against whom the grievance is filed, or its higher-tier Contractor, sufficient to cover the damages alleged in the grievance, should the Union(s) prevail.

The amount shall be retained by the City until such time as the underlying grievance giving rise to the retention is withdrawn, settled, or otherwise resolved, and the retained amount shall be paid to whomever the parties to the grievance shall decide, or to whomever an arbitrator shall so order.

13.9 Should any of the arbitrators listed in this Article or Article IV no longer work as a labor arbitrator, the City and the Council shall mutually agree to a replacement.

ARTICLE XIV

WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES

14.1 The assignment of Covered Work will be solely the responsibility of the Employer performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of the Jurisdictional Disputes in the Construction Industry (the “Plan”) or any successor Plan.

14.2 All jurisdictional disputes on this Project between or among the building and construction trades Unions and the Employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades F.2.c
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14 Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement.

14.3 If a dispute arising under this Article involves the Northern California Carpenters Regional Council or any of its subordinate bodies, an arbitrator shall be chosen by the procedures specified in Article V, Section 5 of the Plan from a list composed of John Kagel, Thomas Angelo, Robert Hirsch and Thomas Pagan, and the arbitrator’s hearing on the dispute shall be held at the offices of the California State Building and Construction Trades Council in Sacramento, California within fourteen (14) calendar days of the selection of the arbitrator. All other procedures shall be as specified in the Plan.

14.4 All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the Employer’s assignment shall be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.

14.5 Each Employer will conduct a pre-job conference with the Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.

ARTICLE XV

MANAGEMENT RIGHTS

15.1 Consistent with the Schedule A agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.

ARTICLE XVI

DRUG AND ALCOHOL TESTING

16.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.

16.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.

ARTICLE XVII

SAVINGS CLAUSE

17.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is F.2.c
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15 determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent.

17.2 In the event a decision of a court of competent jurisdiction materially alters the terms of this Agreement such that the intent of the parties is defeated, then the entire Agreement shall be null and void.

17.3 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement’s provisions, and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.

ARTICLE XIX
TERM

18.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for the Project.

18.2 This Agreement shall apply until the Completion of each Project in accordance with Sections 1.4 and 2.2.

18.3 This Agreement shall become effective on the day it is executed by the City and the Council. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Council shall meet to discuss proposed changes, if any, to the Agreement. Absent changes, the Agreement will roll over for an additional five (5) years.

ARTICLE XVII

MISCELLANEOUS PROVISIONS

19.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

19.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.

19.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.

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16 19.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

19.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.

CITY OF HOLLISTER

By:

Name/Title: __________________________

Date:

SANTA CLARA AND SAN BENITO COUNTIES

BUILDING AND CONSTRUCTION TRADES

COUNCIL

By:

Name/Title: __________________________

Date:

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17 UNION SIGNATORIES

___________________________________
Boilermakers Local 549

___________________________________
Bricklayers and Allied Craftworkers Local 3

___________________________________
Cement Masons Local 400

___________________________________
Electrical Workers Local 332

___________________________________
Elevator Constructors Local 8

___________________________________
Insulators and Asbestos Workers Local 16

___________________________________
Iron Workers Local 377

___________________________________
Northern California District Council of
Laborers on behalf of LIUNA, Local 270

___________________________________
Northern California District Council of
Laborers on behalf of LIUNA, Local 67

___________________________________
Operating Engineers Local 3

___________________________________
Painters and Allied Trades District Council
16, for itself and its affiliated local Unions

___________________________________
Plasterers Local 300

___________________________________
Roofers and Waterproofers Local 95

___________________________________
Sheet Metal Workers Local 104

___________________________________
Sign and Display Local 510

___________________________________
Teamsters Local 853

___________________________________
United Association,
Plumbers and Steamfitters Local 393

___________________________________
United Association,
Sprinkler Fitters Local 483

___________________________________
United Association, Underground
Utility/Landscape Irrigation Local 355

___________________________________

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18 Addendum A

AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Hollister Community Workforce Agreement
Agreement to be Bound
Dear ________________:

The undersigned confirms that it agrees to be a party to and bound by the City of Hollister Community Workforce Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.

By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section

9.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).

The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.

This letter shall constitute a subscription agreement, to the extent of the terms of the letter.

CONTRACTOR/SUBCONTRACTOR:____________________________________________ California Contractor State License No. or Motor Carrier (CA) Permit No.: ________________ Name of Authorized Person (print): ________________________________________________ Signature of Authorized Person: ___________________________________________________ Title of Authorized Person: ______________________________________________________ Telephone Number of Authorized Person:___________________________________________ Address of Authorized Person:____________________________________________________ State Public Works Registration Number: __________________________________________

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19 Addendum B

TARGETED HIRE ADDENDUM
Purpose. The Parties to the Community Workforce Agreement for the City of Hollister (“Agreement”) recognize the need to increase training and career opportunities for underrepresented and targeted individuals in the construction trades through apprenticeship and pre-apprenticeship programs, and to develop a pipeline to ensure the continued availability of skilled, qualified, and readily available construction workers for future construction projects.

Additionally, the Santa Clara and San Benito Counties Building and Construction Trades Council (“Council”) is signatory, with other parties, to the Santa Clara County Construction Careers Collaborative Memorandum of Understanding (“MOU”), which established a pre- apprenticeship program in Santa Clara County that serves as a pipeline into the construction trades for youth and job-seekers.

Additionally, in order to increase construction career opportunities for individuals presently underrepresented in the building trades, the Parties to the Agreement agree to exert their best efforts to recruit, refer, and employ Targeted Workers as apprentices, and to cooperate with the Community Workforce Coordinator to maximize the employment of Targeted Workers on projects covered by the Agreement (“Covered Projects”).

The Parties to the Agreement therefore enter into this Targeted Hire Agreement to participate in the community workforce pipeline as set forth in the MOU, in furtherance of the above-stated purpose.

I. Definitions.

All capitalized terms not defined in this Targeted Hire Agreement are as defined in the Agreement.

Approved Pre-Apprenticeship Program. An Approved Pre-Apprenticeship Program means the Santa Clara County Trades Orientation Program or an equivalent structured, MC-3 certified career training and placement program or Union-sponsored program, that:
(1) serves Underrepresented Workers, and (2) is sponsored by a Council-approved community-based organization, a Council affiliate, the Council itself, the California State Building and Construction Trades Council, or North America’s Building Trades Unions (“NABTU”).

Community Workforce Coordinator. Community Workforce Coordinator means the Santa Clara County Trades Orientation Program, or another entity as determined by mutual written agreement between the Council and the City. The Community Workforce Coordinator is responsible for maintaining an up-to-date list of Targeted Workers who are available for work and their current contact information, and will provide this list to any of the Parties upon request.

Participating Contractor. Participating Contractor means a contractor of any tier that performs $250,000 or more of Covered Work (as that term is defined in Section 2.3 of the F.2.c
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20 Agreement) on a Covered Project. A Participating Contractor is subject to the Workforce Goal set forth in Section II below. If a contractor performs less than $250,000 of Covered Work on a Covered Project, that contractor is not subject to the Workforce Goal, but may nonetheless participate voluntarily in the Workforce Goal.

Targeted Worker. Targeted Worker means an individual who has completed an Approved Pre-Apprenticeship Program.

Underrepresented Worker. An Underrepresented Worker is an individual who, prior to commencing work on a Covered Project, has at least one of the following barriers to employment:

• Veteran of the U.S. military;
• Currently receiving public assistance;
• Emancipated from the foster care system;
• Participating in a re-entry program or formerly incarcerated; • Homeless, recently housed (within the past twelve months), or at risk of losing their housing;
• Continuously unemployed for the previous one year;
• Has family or household income below the current HUD threshold for Low Income Households in Santa Clara County;
• A survivor of labor trafficking; or
• An At-Risk Youth.

At-Risk Youth means a person between 18 and 24 years old that is either: 1) disconnected from school and/or work; 2) currently or formerly justice engaged; 3) in the foster care system; 4) pregnant/parenting; or 5) homeless.

II. Workforce Goal. The Parties have a goal of employing Targeted Worker(s) as Apprentices on all Covered Projects to the maximum extent allowable under applicable hiring hall procedures, Master Agreement(s), and apprenticeship program standards, for at least twenty-five percent (25%) of each Participating Contractor’s apprentice hours on a Covered Project. In meeting this goal, priority shall be given to the employment of First Year Apprentices, subject to the needs of the Project.

a) Nothing herein requires a Participating Contractor either to hire a particular individual or to retain a particular individual in employment. Any individual referred to a Covered Contractor shall be hired and employed at the Participating Contractor’s discretion.

b) A Participating Contractor will receive credit toward the Workforce Goal for hours performed by a Targeted Worker assigned to work on a Covered Project or on another jobsite at the employer’s discretion, provided the worker is assigned to the same job classification that would apply to the Targeted Worker on a Covered Project.

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Community Workforce Agreement
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21 c) Participating Contractors shall properly supervise and pay all apprentices in accordance with the Master Agreements.

d) Participating Contractors will provide, upon request, certified payroll records and/or records of hours worked by Targeted Workers to the General Contractor (or equivalent), the City, the Council, the Unions, or the Community Workforce Coordinator.

e) Participating Contractors will retain documentation sufficient to demonstrate that they requested a sufficient number of Targeted Worker apprentices to satisfy the Workforce Goal.

f) Community Workforce Coordinator Obligations. The Community Workforce Coordinator will, upon request, refer the names of qualified, available, and willing Targeted Workers to the City, the Council, the Unions and Participating Contractors.

The Community Workforce Coordinator will also work with the City to facilitate outreach events.

g) Union Obligations. To the maximum extent allowable, consistent with the applicable hiring hall procedures, Master Agreement(s), and apprenticeship program standards, the Unions shall:

• Refer Targeted Workers as apprentices to Participating Contractors; • Cooperate with the City and community-based organizations designated by mutual agreement of the City and the Council in conducting outreach to recruit and refer Underrepresented Worker applicants to Approved Pre- Apprenticeship Programs for which they are qualified or qualifiable; • Cooperate with the Community Workforce Coordinator and Participating Contractors in order to satisfy the requirements of this Targeted Hire Agreement; and
• Facilitate, encourage, and assist Targeted Worker apprentices in their progress and success in joint labor/management apprenticeship programs.

III. Satisfying Workforce Goal. A Participating Contractor meets its obligations under this Targeted Hire Agreement by complying with both of the following:

(a) Prior to commencing work on the Covered Project, submitting a Targeted Hiring Form to the Community Workforce Coordinator and the Santa Clara and San Benito Counties Building and Construction Trades Council; and

(b) Making best efforts to employ Targeted Workers on all Covered Projects for a least twenty-five percent (25%) of apprentice hours (or equivalent work on another jobsite, provided the apprentice is assigned to the same job classification the apprentice would have been assigned to on the Covered Project). Best faith efforts shall include, at a minimum:

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22 1) Requesting a list of available and qualified Targeted Workers from the Community Workforce Coordinator prior to hiring for Covered Project work; and either

2) Sponsoring a Targeted Worker into a Union apprenticeship program and employing that Targeted Worker on a Covered Project, if sponsorship is available; or

3) Requesting that the applicable Union(s) provide qualified and available Targeted Workers for employment consideration in a number sufficient to meet the Workforce Goal under Section II.

IV. Consequences of Non-Compliance. The Joint Administrative Committee (“JAC”) established by the Agreement shall consider allegations of non-compliance with this Targeted Hire Agreement. If there is a determination by the JAC that a Party failed to meet its obligations hereunder, the issue will be referred to the grievance procedure as provided in Article 13 of the Agreement. At any time during the process of compliance review, the JAC shall have the authority to reach a resolution with the Participating Contractor.

V. Implementation. The JAC shall help monitor and implement this Targeted Hire Agreement.

132624\1397965
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

TITLE OF ITEM: CONSIDER AMENDMENTS TO THE COUNCIL CODE OF CONDUCT

ORDINANCE AND PROVIDE FURTHER DIRECTION TO CITY STAFF

BRIEF DESCRIPTION: The City of Hollister (“City”) City Council will consider draft amendments to Chapter 2.04 of the Municipal Code and provide direction to staff regarding further amendments. The ordinance amendments will be considered for adoption at a future City Council meeting.

RECOMMENDATION: Discuss the draft Council Code of Conduct ordinance amendments and provide direction to City staff regarding further amendments.

DEPARTMENT SUMMARY: Chapter 2.04 – City Council of the City Municipal Code proscribes appropriate conduct for City Council members and penalties for failing to adhere to that appropriate conduct (“Council Code of Conduct”). The City Council recently expressed interest in modifying the Council Code of Conduct to impose harsher penalties on City Councilmembers who do not adhere to the Council Code of Conduct and formed an Ad hoc committee comprised of the Mayor and Mayor Pro Tempore to draft amendments to the Council Code of Conduct.

Currently, a Councilmember who intentionally and repeatedly does not follow proper conduct may be reprimanded or formally censured by the City Council, may lose seniority or committee assignments, or may lose other privileges afforded by the City Council.

The draft Council Code of Conduct amendments have added the following possible sanctions to the current sanctions: (1) loss of the ability to be appointed Mayor Pro Tempore; (2) loss of travel funds; (3) loss of discretionary funds; and (4) escalating financial penalties. The draft amendment also includes a procedure to ensure due process for any Councilmember subject to financial penalties. The proposed process to impose a financial penalty is:

(1) The Mayor shall provide notice to the offending Councilmember that their actions may constitute a willful disruption of the council meeting and may lead to sanctions.
(2) Imposition of a financial penalty requires a four-fifths majority vote of the City Council.
(3) Councilmembers assessed a financial penalty are entitled to appeal the penalty by requesting an impartial hearing before a neutral third -party hearing officer.

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(4) During the hearing, the Councilmember who was assessed a financial penalty shall be given the opportunity to testify and present evidence concerning the actions being penalized.
(5) After considering all the oral and written evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the penalty and shall list the reasons for that decision. (6) The decision of the hearing officer shall be final.

The penalty amounts have been left blank for the City Council to determine.

Below is a summary of the ordinance amendments. Only those sections of chapter 2.04 that include an amendment are included in this summary. Deletions from the current Council Code of Conduct are red and stricken through. Additions to the current Council Code of Conduct are green and underlined.

2.04.020 Conduct guidelines.

The conduct guidelines are designed to describe the manner in which elected and appointed officials should must treat one another, city staff, constituents, and others they come into contact with representing the City of Hollister.

2.04.020.1 Elected and appointed officials’ conduct with each other in public meetings.

2. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of debate by a free democracy in action. Free debate does not require nor justify, however, public officials to make belligerent, personal, impertinent, slanderous, threatening, abusive or disparaging comments, nor does it justify conduct intended to disrupt a meeting or encourage disorderly behavior .

3. Avoid personal comments that could offend other members and/or substantially impair the effective conduct of a meeting. If a member is personally offended by the remarks of another member, the offended member should make notes of the actual words used and call for a “point of personal privilege” that challenges the other member to justify or apologize for the language used. The chair will maintain control of this discussion.

2.04.030 Sanctions.

A. Acknowledgement and Acceptance of the Provisions Within of Hollister Municipal Code, Chapter 2.04. Councilmembers who do not sign an acknowledgment that they have read, and understand, and accept the provisions within Hollister Municipal Code, chapter 2.04 shall be ineligible for intergovernmental assignments, or council subcommittees, or to be appointed as Mayor Pro Tempore/Vice Mayor. Board, committee and commission members who do not sign an acknowledgment that they have read, and understand, and accept the provisions within Hollister Municipal Code, chapter 2.04 are not eligible to hold office.

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B. Behavior and Conduct. The Hollister Municipal Code, chapter 2.04 expresses provides ethical and conduct standards of ethical conduct expected for members of the Hollister City Council, boards, committees, and commissions. Members themselves have the primary responsibility to ensure that ethical conduct and standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chairs of boards, committees , and commissions, and the mayor and council have the additional responsibility to intervene when actions of members that appear to be in violation of the Hollister Municipal Code, chapter 2.04 are brought to their attention.

C. Actions Constituting Willful Disruption of a Council Meeting. The following is a non-exhaustive list of actions that constitute willful disruption of a council meeting: (1) addressing council without first being recognized; (2) repetitiously addressing the same subject; (3) failing to relinquish the podium and/or dais when directed to do so; (4) unruly applause, whistles, yelling, or raucous demonstrations; (5) repeated and intentional disregard of calls to order by the presiding officer, and (6) intentionally encouraging or inciting disruptive behavior by other council members or attendees at a council meeting.

D. Councilmembers. Councilmembers who intentionally and repeatedly do not fail to follow proper conduct standards, after reasonable warning and admonition, may be reprimanded or formally censured by the council, lose seniority or committee assignments (both within the City of Hollister and with intergovernmental agencies), lose the ability to be appointed as Mayor Pro Tempore/Vice Mayor, or lose other privileges, such as the loss of travel and/or discretionary funds, afforded by the council. Serious actions infractions of that violate the Code of Ethics or Code of Conduct could and which constitute a willful disruption of a council meeting may lead to other sanctions including, but not limited to, a financial penalty. To provide notice of offending actions and allow a councilmember an opportunity to cease their conduct, the presiding officer shall immediately notify an offending councilmember that their actions may constitute a willful disruption of the council meeting and may lead to sanctions as a serious violation of the council’s code of conduct. Assessment of a financial penalty for serious actions that willfully disrupt a council meeting must be approved by a four -fifths majority vote of the council.

The penalty amounts for serious actions that willfully disrupt a council meeting within a twelve-month period are:

First disciplinary action: $XX

Second disciplinary action: $XX

Third disciplinary action: $XX

Additional disciplinary actions: $XX

Councilmembers assessed a financial penalty for conduct that willfully disrupts a council meeting and is deemed a serious violation of the Council’s Code of Conduct shall be entitled to appeal the penalty by requesting an impartial hearing before a neutral third - G.1
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party hearing officer. During the hearing, the councilmember shall be given the opportunity to testify and to present evidence concerning the actions being penalized.

After considering all the oral and written evidence submitted at the hearing, the hearing officer shall issue a written decision to uphold or cancel the penalty and shall list the reasons for that decision. The decision of the hearing officer shall be final.

Individual councilmembers should point out to the offending councilmember perceived infractions violations of the Hollister Municipal Code, chapter 2.04. If the offenses violations continue, then the matter should be referred to the mayor in private. If the mayor is the individual whose actions are being questioned, then the matter should be referred to the vice mayor. It is the responsibility of the mayor (or vice mayor) to initiate action if a councilmember’s behavior may warrant sanction. If no action is taken by the mayor (or vice mayor), then the alleged violation(s) can be brought up with the full council.

2.04.040 Implementation.

The Hollister Municipal Code chapter 2.04 is intended to be self-enforcing and is an a expression statement of the standards of conduct for members expected required by the City. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions.

This document shall be included in the regular orientations for candidates for city council, city treasurer, city clerk, applicants to board, committee and commissions, and newly elected and appointed officials. Members entering office shall sign a statement (example below) acknowledging they have read, and understand, and accept the provisions within Hollister Municipal Code, chapter 2.04. In addition, the Hollister Municipal Code, chapter 2.04 shall be periodically reviewed by the city council, boards, committees, and commissions, and shall be updated it as necessary.

Example: I affirm that I have read, and understand, and accept the City of Hollister Municipal Code, chapter 2.04 in its entirety for elected and appointed officials.

2.04.150 Rules of debate.

E. Motions to reconsider will be followed in accordance with Rosenberg’s Rules of Order lasted revision/edition.

FINANCIAL IMPACT: There is no fiscal impact.

CEQA: N/A

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Administrative Services
Casey Estorga, Administrative
Services Director

TITLE OF ITEM: INFORMATIONAL REPORT ON FISCAL YEAR 2023-24 QUARTER 1 (Q1)

BUDGET MONITORING

BRIEF DESCRIPTION: Staff will provide a summary of the financial activities during Quarter 1 (Q1) of Fiscal Year 2023-24. This update will cover the period of July 1, 2023 - September 30, 2023.

RECOMMENDATION: Receive the informational budget monitoring update for Q1 of Fiscal Year 2023-24 and provide possible direction to staff.

DEPARTMENT SUMMARY: The City of Hollister adopts an annual operating budget covering a 12-month period. The City adopted a budget for Fiscal Year (FY) 2023 -24 at their June 20, 2023 meeting. The FY 2023-24 budget covers the period of July 1, 2023 - June 30, 2024.

The City has various fiscal and budget policies, which are referenced as Appendix A in the FY 2023-24 budget book, to help guide the administration of the annual budget process and to ensure the City Council and staff are good stewards of public funds. One of these policies requires City staff to conduct ongoing and periodic budget monitoring to evaluate the various financial activities of the City.

This budget policy states the following: “The City will prepare and issue timely interim reports on the City’s financial status to the Council and staff. This includes: on-line access to the City’s financial management system by City staff; monthly reports to program managers; more formal quarterly reports to the Council and department heads; mid-year budget reviews; and interim annual reports.” The item being presented to the City Council tonight meets the requirement of a formal quarterly report to the City Council by monitoring activities for Q1 of FY 2023-24.

The first quarter of a Fiscal Year customarily experiences a disproportionally low level of financial activities because of the timing of various revenues and expenditures. This means where the first quarter represents 25% of a year, some financial activities will be above or below this 25% benchmark due to the unique timing of certain activities.

To monitor the Q1 budget activity, City staff met with all City departments to analyze line- item details for all accounts in the City’s FY 2023-24 Adopted Budget. Through these meetings, staff identified a series of administrative updates to the financial activities of Q1.

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ledger. For example, if the purchase of staff uniforms was erroneously charged to an office supplies line-item in the budget, staff would take this opportunity to make that technical correction.

The posting of Q1 revenues also has unique timing, with Q1 revenues traditionally being received after the Q1 period of July 1 - September 30. And while City staff consistently monitors the collection of all City revenues, future budget monitoring reports from subsequent quarters will more accurately reflect actual revenue collection activities.

However, based on a review of actual year-to-date revenues collected and numerous meetings with City partners that help track and monitor variables including sales tax and Transient Occupancy Tax (TOT) revenues, staff anticipates that revenues for the FY 2023- 24 will generally be on-budget.

As FY 2023-24 continues to progress, City staff will also present a Q2 budget monitoring report to the City Council in/around February 2024. This update is also known as the mid- year budget review as discussed in the City’s fiscal and budget policies. The mid-year budget review will give the City Council and staff an opportunity to evaluate the financial activities with a much larger sample size of financial data, including by potentially making decisions to amend the budget and modify, enhance, and/or delay services based on the timing of the community’s needs and the City’s available resources.

A summary of the Q1 FY 2023-24 budget monitoring report, including with department- level analysis, has been included as supporting documentation to this staff report.

FINANCIAL IMPACT: There is no impact to receiving this informational report.

CEQA: Not a project.

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: UPDATE ON 2024 HOLLISTER MOTORCYCLE RALLY

BRIEF DESCRIPTION: Staff will provide a presentation to the City Council regarding hosting the Hollister Motorcycle Rally.

RECOMMENDATION: Receive presentation and provide staff possible direction.

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 14, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Attorney
Mary Lerner, City Attorney

TITLE OF ITEM: 2023 MUNICIPALITIES LEGISLATIVE UPDATE

BRIEF DESCRIPTION: A legislative update and review of enacted and upcoming legislation that may impact the City of Hollister.

RECOMMENDATION: Receive presentation and provide possible direction.

DEPARTMENT SUMMARY: This is a legislative update that will review current and pending legislation that impacts the City of Hollister.

FINANCIAL IMPACT: N/A

CEQA: N/A

ATTACHMENTS:

1. Legislative Update City of Hollister - November 2023

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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2023 Municipalities Legislative Update
Presented by: Robert Lomeli
November 20, 2023
City of Hollister, City Council
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Robert Lomeli
Mr. Lomeli is an adjunct professor for the Monterey College of Law –San Luis Obispo Campus and an active member of
the local coaching community.

OUTSIDE OF WORK [email protected]
805.471.7080

CONNECT
Presenter

AT LOZANO SMITH
Robert Lomeli is an Associate in Lozano Smith’s San Luis Obispo Office. Mr. Lomeli primarily serves municipal clients with a focus on public meetings and governance, contracts, investigations and labor negotiations. Prior to joining Lozano Smith, Mr. Lomeli operated a private law office.
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Topics
Local Government
Labor & Employment
Surplus Land
Planning and Zoning
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4 Local Government
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Assembly Bill 1637 | Local Government, Internet
Websites and Email Addresses
No later than January 1, 2029,
local agencies maintaining a
website for use by the public will
be required to ensure that the
website utilizes a “.gov” or
“.ca.gov” domain. This law will
also require that public agencies
utilizes a “.gov” or “.ca.gov”
domain for their public email
addresses.
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Assembly Bill 557 | Open Meetings and Teleconferences
This new law updates the Brown Act’s rules on meeting by teleconference by:
•Removing the sunset date from AB 361, which promulgated rules on meeting by teleconference during a state of emergency;
•Removing a provision from the Brown Act—added by AB 361—which arguably permitted local agencies to continue to meet by teleconference after a governor declared state of emergency ended;
•Extending the time period to make findings to continue to meet by teleconference during a governor declared state of emergency from 30 days to 45 days; and •Extending the sunset date for a provision in the Brown Act when there is no governor declared state of emergency, that permits meetings by teleconference for either “just cause” or “emergency circumstances”, from January 1, 2024, to January 1, 2026.
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Assembly Bill 1638 | Local Government
Emergency Response Services
Commencing January 1, 2025, if a city
provides emergency response services and
serves a population where 5% or more of
the people have limited English
proficiency, categorized as less than “very
well” by American Community Survey
(ACS) data standards and jointly speak a
language other than English, that city must
provide information related to the
emergency services in English and in all
languages spoken jointly by the 5% or
more of the population with limited
English proficiency.
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Assembly Bill 1638 | Local Government
Emergency Response Services (continued)
This law requires agencies to use ACS data by January 1, 2025, to determine which languages are spoken jointly by 5% or more of the population in its jurisdiction and to reassess the ACS data every five years. The Office of Planning and Research will survey a sample of local agencies every three years to determine compliance with these requirements and report its findings to the Legislature. 8 G.4.a
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9 Labor & Employment
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Senate Bill 553 | Occupational Safety, Workplace
Violence Prevention
Commencing January 1, 2025, this law
authorizes collective bargaining
representatives to seek a temporary
restraining order and an order after
hearing on behalf of an employee.

Employers are required under this bill
to provide an employee the
opportunity to decline to be named in
the temporary restraining order but
cannot prohibit an employer or
collective bargaining representative
from seeking temporary restraining
orders for other employees.
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Senate Bill 553 | Occupational Safety, Workplace
Violence Prevention (continued)
Employers will need to establish, implement,
and maintain an effective workplace violence
prevention plan.

This new law will also require employers to
record information in a violent incident log for
every workplace violence incident. Workplace
violence prevention training must be provided
to employees and records of workplace
violence hazard identification, evaluation,
correction, and training records must be kept.

This law would require certain records be
made available to the division, employees, and
employee representatives.
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Senate Bill 616 | Sick Days, Paid Sick Days Accrual and Use
12 The Healthy Workplaces, Healthy Families Act of 2014 established requirements relating to paid sick days and paid sick leave. Certain employees, such as those covered by a valid collective bargaining agreement, meeting the requirements for sick day accrual and binding arbitration for sick leave disputes, are excluded from these requirements.

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Senate Bill 616 | Sick Days, Paid Sick Days Accrual and Use
13 TODAY 2024
•Leave to be accrued at a rate not less than 1 hour for every 30 hours worked.
•Paid sick leave can be used on the 90th day of
employment.
•Employers may use an alternative accrual method
provided an employee has no less than 24 hours of
accrued sick leave by the 120th calendar day of
employment or each calendar year, or in each 12-month
period.
•Accrued paid sick days must carry over to the following year of employment, up to3 days or 24 hours each year.
•Employer is not required to provide additional paid sick days if the employer has a policy that complies with these provisions.
•Employer has no obligation to allow total accrual beyond 48 hours.
•Leave to be accrued at a rate not less than 1 hour for every 30 hours worked.
•Paid sick leave can be used on the 90th day of
employment.
•Employers may use an alternative accrual method
provided no less than 24 hours accrued sick leave by the 120th calendar day of employment, and 40 hours of
accrued sick leave by the 200th calendar day of
employment or each calendar year, or in each 12-month
period.
•If employers use an accrual method, remaining accrued
sick leave must carry over to the next calendar year, year of employment, or 12-month period (limit of 40 hours).
•Employer may limit use of paid sick leave to 40 hours
during each calendar year, year of employment, or 12-
month period.
•Accrual threshold is increased to 80 hours.

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Senate Bill 700 | Employment Discrimination and
Cannabis Use
This law will make it unlawful for
employers to request information
from an applicant for
employment relating to the
applicant’s prior use of cannabis.

Information about a person’s
prior cannabis use obtained from
a person’s criminal history would
be exempt under this law.
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Senate Bill 848 | Employment
Leave, Reproductive Loss
Under the Fair Employment and Housing Act (FEHA) it is unlawful for an employer to refuse to grant a request by an employee to take up to five days bereavement leave upon the death of a family member. This bill additionally makes it unlawful to refuse to grant a request by an eligible employee to take up to five days of reproductive loss leave following a reproductive loss event. This new law also prohibits retaliation against an individual for exercising the right to this kind of leave. 15 G.4.a
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16 Surplus Land
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Senate Bill 747 | Land Use, Surplus Land
Currently surplus land is defined as land owned
by a local agency, for which the local agency’s
governing body take’s formal action in public
meeting to declare the land is surplus and not
necessary for the agency’s use. “Agency’s use”
as defined includes land that is being used, is
planned to be used pursuant to a written plan
adopted by the local agency’s governing board,
or is disposed of to support agency work or
operations. This law defines disposal as the
sale of the surplus property or a lease of any
surplus property entered into on or after
January 1, 2024, for a term longer than 15
years including renewal options.
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Senate Bill 229 | Surplus Land, Disposal of Property,
Violations, Public Meetings
This law applies to circumstances where a
local agency is disposing of surplus land
and has received a notification of violation
from the Department of Housing and
Community Development (HCD). This law
requires local agencies to hold an open
and public meeting to review and consider
the substance of the violation. This law
prohibits ratification or approvals of the
proposed disposal of surplus land until a
public meeting is held. Does not apply to
agencies who cease to dispose of surplus
land after receiving notice from the HCD.
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19 Planning and
Zoning
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Assembly Bill 821 | Planning and Zoning, General Plan,
Conflicts
Current law requires cities and counties to adopt a comprehensive, long-term general plan for the physical development of the county or city and of land outside its boundaries. Zoning Ordinances must be consistent with the general plan and any resident or property owner may bring an action in Superior Court to enforce compliance. Current law also requires the zoning ordinance be amended so that it is consistent with the general plan.

This new law authorizes a resident or property owner to bring an action in Superior Court to enforce compliance within 90 days of failure of a local agency to amend a zoning ordinance within a reasonable time of the zoning ordinance becoming inconsistent with the general plan.
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Assembly Bill 1308 | Planning and Zoning, Parking
Requirements, Single Family Residences.

Current law authorizes the legislative
body of any county or city to adopt
ordinances to regulate the use of
public buildings, structures, and land as
between industry, business,
residences, open space, and other
purposes. This law will prohibit a
public agency from increasing the
minimum parking requirement that
applies to a single-family residence as a
condition of approval of a project to
remodel, renovate, or add to a single-
family residence.
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Assembly Bill 1218 | Development Projects, Demolition
of Residential Dwelling Units
22 The Housing Crisis Act of 2019 prohibits an affected city or county from approving any housing development project that will require the demolition of occupied or vacant protected units unless the following conditions are met. The Project must: (1) replace all protected units; (2) include a minimum amount of residential units; (3) allow existing occupants to occupy their units until six months before the start of construction; (4) provide relocation benefits to the existing occupants of any protected units that are lower income households.

This law will expand the prohibitions of demolition of residential dwelling units to prohibit the county or city from approving any development project that requires demolition of occupied or vacant protected units unless the above conditions are met.

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Senate Bill 676 | Local Ordinances and Regulations,
Drought Tolerant Landscaping
Currently cities, counties, and
charters are prohibited from
enacting ordinances or
regulations that prohibit the
installation of drought tolerant
landscaping, synthetic grass, or
artificial turf on residential
property. This law specifies that
drought-tolerant landscaping
does not include the installation
of synthetic grass or artificial turf.
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Thank you from
Lozano Smith.

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26 For more information, questions and
comments about the presentation,
please feel free to contact:

Robert Lomeli
Associate
Tel: 805.471.7080
[email protected]
Or any of the attorneys
in one of our 8 offices.

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Disclaimer: These materials and all discussions of these materials are for instructional purposes only and do not constitute legal advice. If you need legal advice, you should contact your local counsel or an attorney at Lozano Smith. If you are interested in having other in-service programs presented, please contact [email protected] or call (559) 431-5600.

Copyright © 2023 Lozano Smith
All rights reserved. No portion of this work may be copied, distributed, sold or used for any commercial advantage or private gain, nor any derivative work prepared therefrom, nor shall any sub-license be granted, without the express prior written permission of Lozano Smith through its Managing Partner. The Managing Partner of Lozano Smith hereby grants permission to any client of Lozano Smith to whom Lozano Smith provides a copy to use such copy intact and solely for the internal purposes of such client. By accepting this product, recipient agrees it shall not use the work except consistent with the terms of this limited license. @LozanoSmith
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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: A REPORT ON TWO ITEMS RELATED TO THE 2040 GENERAL PLAN UPDATE FOLLOWING THE SEPTEMBER 11, 2023 STUDY SESSION: NORTH GATEWAY

COMMERCIAL GENERAL PLAN LAND USE DESIGNATION AND AGRICULTURAL

PRESERVATION PROGRAM

BRIEF DESCRIPTION: A report on two items related to the 2040 General Plan Update as a follow up to the direction received from the City Council at the September 11, 2023 Study Session. The first is a discussion related to land uses within the North Gateway Commercial Land Use Designation, and the second is a discussion related to the Agricultural Preservation Program.

RECOMMENDATION: City Council receive the report and provide direction on the two items.

DEPARTMENT SUMMARY: At the September 11, 2023 study session, the City Council discussed the Draft 2040 General Plan, the Draft Climate Action Plan, the Draft Agricultural Preservation Program, and the Draft Environmental Impact Report. The City Council provided direction on many land use and policy items related to the General Plan Update. However, there were two outstanding items that the City Council requested to be brought back for further discussion.

North Gateway Expansion of Uses: The Council is requested to consider three different proposals regarding the North Gateway Area.

The North Gateway designation is currently a commercial land use designation. The designation generally follows San Felipe Road and Highway 25, beginning at the north end of the downtown, and extending north toward the City’s industrial zoned areas.

North Gateway-designated lands are shown in light pink in the map below:

Figure 1. North Gateway General Plan Designation (Draft General Plan) G.5
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South of the intersection of San Felipe Road and Highway 25, the North Gateway contains some vacant lands, and various existing commercial uses including vehicle sales and related services, gas stations, hotels, and restaurants. To the north of the San Felipe/Highway 25 intersection, there are some existing industrial uses intermixed with a few single family residences off of McCloskey and North Chappell Road. Most of the lands with this designation north of Highway 25 are located in the unincorporated county at this time, and are either large, vacant parcels, or are currently used for agriculture.

Recent development in the North Gateway includes the Starbucks constructed at 111 San Felipe Road, and the Taco Bell remodel across the street at 40 San Felipe Road.

There are also active approvals for several cannabis projects in the northern area of the North Gateway including large-scale greenhouse facilities and a retail dispensary building, though those developments have not yet started construction.

1. Housing in the North Gateway Area

At the September 11 study session, staff requested that the council allow the exploration of expanding the North Gateway Commercial designation to include residential uses, if necessary, during the ongoing 6th Cycle Housing Element Update.

This was requested to ensure that the City would be able to identify enough sites to meet the City’s Regional Housing Needs Allocation (RHNA).

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Since the September 11, 2023 study session, staff have been working with Kimley - Horn, our consultants for the 6th Cycle Housing Element, to identify adequate sites for inclusion in the Housing Element. The analysis shows that it is likely that parcels within the North Gateway Zoning District will be needed in order for the City to meet its RHNA and prepare a compliant housing element. If these sites are identified in the Housing Element as candidate sites, the City will need to rezone the parcels to allow residential or mixed-use in the North Gateway. Given the ongoing General Plan Update, staff recommends that this change be incorporated into the General Plan Update so that all documents are consistent. The environmental impacts of the rezone could also be incorporated into the General Plan Environmental Impact Report (EIR), resulting in potential time and cost savings for the City.

2. Expanded List of Allowed Uses

A member of the public requested that the City Council consider adding additional industrial uses into the North Gateway Commercial General Plan Designation. The public comment letters have been provided as attachments to this report. Generally, the request is to expand the North Gateway Commercial Land Use Designation to include large-format industrial warehousing and research and development uses.

The North Gateway Commercial designation is described in the General Plan as follows:

“The North Gateway Commercial designation is intended to foster an attractive entry to the City of Hollister by featuring commercial and service -oriented businesses along with high-employment uses such as office parks.”

and

“The North Gateway area is intended to create an entry boulevard for motorists arriving in Hollister from the north along Highway 25. The district begins at the intersection of San Felipe and McCloskey Roads and extends south along San Felipe Road to Santa Ana Road. The gateway area extends east of San Felipe Road between McCloskey Road and the Highway 25 Bypass. The district is important because it provides the opportunity for large retail uses that cater to commuters and other motorists without duplicating services found Downtown.”

Some of the uses that have been suggested by the requestor such as office spaces, creative space (artist studios), life sciences (laboratories), research and development, and warehousing/storage are currently permitted or conditionally permitted uses within the North Gateway Zoning District (See Section 17.08.020 of the Zoning Ordinance).

However, other uses proposed, such as E -commerce facilities, large-format logistics, manufacturing, warehousing, and distribution, are uses that would not currently be permitted within the North Gateway, and are instead permitted within the City’s various industrial zoning districts.

The Planning Commission reviewed the commentor’s request at its August 4, 2023 study session on the General Plan Update. The Commission recommended to the City Council that specific land uses not be incorporated into the General Plan, as land uses G.5
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are a zoning issue. The Commission felt that specific land uses in the North Gateway should be discussed as part of a future zoning ordinance amendment. Staff concurs with this analysis. The general plan land use designations should describe the intent and vision of the area, but staff and the Planning Commission would recommend that detailed discussions of land uses and development regulations is better described in the Zoning Ordinance.

As an alternative to the staff and Planning Commission recommendation, the City Council could consider amending the General Plan North Gateway Designation to expand the intended uses of the area to include industrial uses. Staff recommends against this option for the following reasons:

• The analyses prepared during the course of the development of the General Plan Update demonstrated a need for commercial uses in the City. Policies in the draft General Plan support economic development to help capture current “retail leakage” to Santa Clara County and surrounding jurisdictions. The North Gateway area contains some of the only remaining vacant commercially- designated lands in the City. The Draft General Plan proposes stronger requirements for commercial uses within the mixed-use areas of the City, as well as to provide a new general commercial area to the east of town. However, the North Gateway remains a significant commercial development opportunity area for the City. Staff is concerned that allowing additional uses such as warehousing and logistics might make it more difficult to develop retail uses in this area.

• Large format warehousing and logistics uses may not be compatible with the area from a visual and urban design perspective. The location of the North Gateway does serve as an entry gateway to the City with the designated lands surrounding Highway 25 and San Felipe Road. Both the current and draft general plans encourage this area to provide an attractive entryway into the City as it is developed through architecture and landscaping. Large-format industrial uses, such as proposed by the requestor, tend to have limited architectural details and may not meet the intent of the gateway area for the City.

• Large-format industrial uses are also generally incompatible with residential uses, as they can cause noise and air quality issues that can affect residential sensitive receptors nearby. As noted above, the North Gateway area will be needed to accommodate residential uses to meet the requirements of the Housing Element. The suggested large-format uses, if allowed, might become an impediment to residential development in the North Gateway.

• The analyses prepared during the development of the General Plan Update demonstrated that the City has a significant excess of vacant industrial lands available to meet the expected industrial demand through the course of the general plan.

3. Redesignation of Specific Properties

In their comment letters, the same requestor also proposed the re-designation (and rezoning) of their two properties, shown in the figure below, to an industrial land use G.5
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designation if the Council does not expand the uses in the North Gateway to allow industrial uses. Both properties are fully surrounded by other lands zoned North Gateway Commercial. To rezone these properties to Industrial would constitute “spot zoning,” which is prohibited by State law. The City Council would need to change the land use designations of additional parcels to provide a continguous area with the same designation. Staff recommends not to redesignate these properties to Industrial, for the same reasons described in Section 2, above.

Figure 2. Proposed Industrial Properties

Agricultural Preservation Program:

At the September 11th study session, the City Council received a public comment requesting that the Agricultural Preservation Program be expanded to allow conservation easements established under the program to be selected from agricultural lands located anywhere in San Benito County. Currently, the draft program proposes that the easements must be established on land located within the General Plan Planning Area (“Planning Area”). Below is a map of the Planning Area boundary and farmland of importance within it that could be subject to conservation easements, as shown in Figure OS-1 of the Draft General Plan.

Figure 3. Farmland of Importance
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The Agricultural Preservation Program would require development that converts agricultural lands to dedicate to the City a conservation easement on other agricultural lands as a condition of development. The land would need to be of equal or greater quality as the lands that are developed. The conservation easements would ensure that the land within the easement would remain available for agricultural use in perpetuity.

The draft program currently contains a requirement for land to be preserved at a 2:1 ratio of acres preserved to acres developed. However, the City Council directed staff to modify the program to require a 1:1 ratio at the September 11th study session.

The City Council could choose to allow conservation easements within the entire county as proposed by the community member, within the Planning Area as currently drafted, or within a different boundary that might be recommended by the City Council.

Staff recommends that the Council either maintain the requirement as drafted (to cover the Planning Area only), or to expand the area eligible for conservation easements only incrementally, for example to be within ¼ mile of the Planning Area. Staff makes this G.5
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recommentation (and recommends against the proposal to cover the entire county) for the following reasons:

• One of the intents of the Agricultural Preservation Program is to preserve agriculture near Hollister, so that the city retains its agricultural character. If parcels with conservation easements occur far from Hollister in other parts of the County, the positive effect of agricultural preservation on Hollister’s environs and character would be lessened.

• Another intent of the Agricultural Preservation Program is to preserve agriculture near Hollister in light of the increased values created by the potential for urban development. Since the market perceives that urban development might be most likely to occur near Hollister’s limits, land values in the area immediately surrounding the city are higher than they are in more remote areas. This means that developers would have an economic incentive to place easements on more remote lands, thereby lessening the positive effect of the Program in terms of making agricultural uses near the city more viable.

FINANCIAL IMPACT: Provided the direction by the Council follows staff’s recommendation above, no direct financial impact will occur. However, any delays or alternate direction will likely cause delays to processing the General Plan Update and may incur related costs. The recommended direction is needed to accurately begin the modeling and data analyses for the amendments to the General Plan Update previously directed by the Council.

CEQA: An Environmental Impact Report (EIR) is being prepared for the General Plan Update, Climate Action Plan, and Agricultural Preservation Program. This direction will be incorporated into these projects and will be analyzed under the programmatic EIR.

No additional CEQA analysis is needed for the direction provided by the City Council as part of this presentation.

ATTACHMENTS:

1. 1. Revised GP Draft Letter. June 16, 2023

2. 2. Orosco Group General Plan 2040 Draft & EIR Comment Ltr 20230628

3. 3. Orosco Group GP 2040 Draft EIR Comment Ltr 20230630

4. 4. Orosco Group GP 2040 CC Mtg Follow Letter to Council MC 20230915

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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TO: Christi Hopper
City of Hollister Planning Department
FROM: Geary Coats
DATE: 5/28/23

SUBECT: Hollister General Plan Update

Good afternoon Ms. Hopper;

I want to thank you and the Planning Commission for the opportunity to present my comments on the North Gateway Commercial Land Use Designation and the allowable uses. I am respectfully requesting to amend the allowable uses within the North Gateway Commercial Designation by permitting industrial uses along with the existing uses.

“The North Gateway Commercial designation is intended to foster an attractive entry to the City of Hollister by featuring commercial and service-oriented businesses along with high-employment uses such as office parks. The design guidelines described in the “Special Planning Area” section of this element stipulates additional criteria that development within the North Gateway must meet.”

The current North Gateway Commercial designation (NGC), limits land uses to commercial and/or office use. With the existing approved Regional Center at Hwy 25 and San Felipe Road; any other commercial center in the NGC will be in direct competition. At the present time there is not adequate residential use support to require this amount of commercial development. This type of Commercial land use is already provided for in current centers (Hwy 25 and Sunnyslope Road). In addition to the existing centers (Target, Ace Hardware, Nob Hill etc..) there is an existing, under used regional site, at the old K Mart property. The existing commercial sites, along with the old K-Mart property, provide adequate commercial development to meet the needs of the surrounding residentially designated lands. The location of these new, large scale commercial projects, need to be close to the city’s residential centers.

Putting larger scale commercial projects on the north side of town (NGC) does not provide convenient access availability to the city’s residential centers.

The current land use element provides for “Specific Plan / Area Plan Overlay – this designation is intended to identify areas that require special planning LAND PLANNING • ENVIRONMENTAL PLANNING • ENTITLEMENT/PROJECT MANAGEMENT • BRANDING P 831.250.7192
F 831.250.7193
PO BOX 1356
CARMEL, CA. 93921
[email protected]

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attention to promote a mix of land uses that remain flexible enough to adjust to changing market demands.”
Allowing the use of a Specific Plan or Area Plan Overlay, will permit a property of sufficient size (5 acres or larger) to propose a mixed-use plan. This plan will need to address the “Gateway” importance, but not limit the site’s potential of providing uses that may be varied, while at the same time providing for the creation of larger employment opportunities.

In the northern Hollister General Plan Area, a very new and important land use trend has begun. Area and Regional industrial uses have located in the corridor between San Felipe Road, Hwy 25 and Hwy 156 Bypass. It is easy to see the reason for the draw to this area:

 Ease of access to Hwy’s 101 & Hwy 5
 Parcel sizes adequate to allow “large scale” users to develop  Accessibility to the Hollister airport
 Additional land for development of support industrial uses.

A very large benefit will be the job creation. These types of industrial services will employee large numbers, and will look to Hollister, San Benito County, and reverse commuters from Santa Clara County to staff these jobs. Since “job creation” is a key element of the North Gateway Commercial designation, we need to allow industrial/job creators as allowable uses. I am concerned that if the allowable uses are not expanded to include “Industrial” job creators, the city will end up with underutilized properties having vacant in-line commercial strip centers, thus missing the clean industrial job creators of the future.

I request the City General Plan Committee, Planning Commission and City Council amend the allowable uses within the North Gateway Commercial Designation to include Industrial uses. Alternatively, a means of allowing a mixed-use project of Commercial, Office and Industrial uses will be to utilize an Area Plan or Specific Plan as an “Overlay” use in the North Gateway Commercial Designation, as previously discussed in the current land use element.

I would also like to request to be notified of when the General Plan Update Committee and the Planning Commission are meeting to discuss possible amendments to the City General Plan, so that I am able to present our approach for discussion and consideration.

Respectfully Submitted;
Geary
Geary Coats
Principal

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10 Harris Court, Suite B‐1, Monterey, CA 93940
(831)  649 ‐ 0220

June 28, 2023

City of Hollister Development Services Manager – Planning Division Attn: Eva Kelly, Interim Planning Manager
339 Fifth Street, Hollister, CA 95023
Tel: (831) 636-4360
Email: [email protected]
[email protected]

Re: Comments on City of Hollister Draft 2040 General Plan and Draft Environmental Impact Report (SCH No. 2021040277)

Dear Ms. Kelly,

On behalf of Wright Thirteen LLC and Felipe Nine LLC, the Orosco Group appreciates the opportunity to comment on the City of Hollister Draft 2040 General Plan and Draft Environmental Impact Report (SCH No. 2021040277) dated May 2023. The Orosco Group applauds the City of Hollister for taking a pro-active look at how changing land use, emerging industries, technology, retail demand, housing needs, transportation improvements, demographic trends, and responsible and managed city growth will be addressed in the coming years.

With ownership stake in over 25 acres in the northern part of the City, approximately one- quarter of the total area within the City Limits designated North Gateway Commercial (NG), we provide the following comments:

Comment #1: As depicted on Figure LU-2 Land Use Map, the northern partition of the North Gateway land use area starts at Briggs Road and extends approximately 0.65 miles from the east side of Highway 25 to the west side of San Felipe Road resulting in multiple parcels without direct frontage on the two intended City “entry boulevards”, or parcels that have frontage but excessive depth not conducive to the allowable zoning uses, or parcels mid-block between the two “entry boulevards”. To avoid creating these “dead zones”, we recommend amending the North Gateway zoning district allowable uses to include the following complementary uses that will foster an attractive entry to the City, create technically skilled and high paying jobs, attract new and emerging businesses, and benefit from access to major transportation corridors:

 Creative / Flex Office
 Maker Space
 Research & Development (R&D)
 E-Commerce
 Robotics
 Fulfillment & Logistic Centers
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2  Warehouse
 Life Sciences

The proposed additional allowable uses would also benefit other North Gateway zoned properties on the east side of San Felipe Road that also do not have frontage along the major transportation corridor or have excessive lot depth.

These parcels occur between McCloskey Road to the north and North Chappell Road to the south.

Since “job creation” is a highly prioritized element of the North Gateway district, the City should allow for these job creators uses. In addition to creating jobs, it will reduce traffic (commuting), improve air quality (reduced length of trips), and make the City a further desirable place to live.

Comment #2: Per Section 3.4.1 North Gateway, the North Gateway includes a triangular area northeast of Highway 25 and San Felipe Road north of Downtown that could be developed for automobile dealerships. The site has access from Highway 25, and the dealerships would be visible to all motorists entering the City. In addition to allowing for automobile dealerships and to reflect the transition from combustible to clean air vehicles, we recommend amending the North Gateway zoning district allowable uses to include the following uses:

 Electrical Vehicles Services
 Collision Centers
 Research & Development (R&D)
 Manufacturing
 Battery and Other Energy Related Power Systems and their Manufacturing, Servicing, and Sales

Comment #3: Figure LU-2 Land Use Map depicts multiple parcels to the east of the Highway 25 and San Felipe Road intersection as High Density Residential that bisects the North Gateway zoning to the north, south and partial east. Given the State’s housing crisis and the need for residents to activate commercial uses, reduce vehicle trips / traffic congestion, and reduce the impact to air quality, we recommend amending the North Gateway zoning district allowable uses to feather in adjacent bisects zoning uses to include:

 High Density Residential
 Medium Density Residential

Comment #4: Figure LU-2 Land Use Map identifies Industrial land use zoning to the north of McCloskey Rd then immediately jumping to North Gateway zoning to the south.

There are a number of existing, successful, and deeply entrenched industrial users along the south side of McCloskey Road that have no frontage along San Felipe Road that are zoned North Gateway creating a legal conforming situation.

Further the North Gateway zoning allowable uses are extremely limiting and not viable for parcels with no frontage along a major transportation corridor and/or excessively deep depths. As such, we recommend the City rezone these parcels G.5.b
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3 between McCloskey to North Chappell that have no frontage along San Felipe to Industrial zoning.

Comment #5: Per Section 3.4.1 North Gateway, the area is intended to create an entry boulevard for large retail uses that cater to the commuters and other motorists arriving in Hollister from the north along Highway 25 without duplicating services found Downtown. Creating competitive commercial in the NGC designated land use areas will impact the downtown and other commercial centers in the City of Hollister. In addition, with Highway 25 being a commuter’s corridor where the highest volume of trip hours occur well before sunrise as residents head to the bay area for work and return home after sunset, the majority of the targeted retail tenants the City envisions will not even be open so commuters will not stop.

Comment #6: Per Section 3.4.1 North Gateway, the area is intended to create an entry boulevard for large retail uses that cater to the commuters and other motorists arriving in Hollister from the north along Highway 25 without duplicating services found Downtown. With the North Gateway district beginning at Briggs Road on the east side of Highway 25 and extending south, the district area is on the opposite side of the flow of traffic it is intended to capture creating the dependance for left-in and left-out traffic circulation patterns that will further impact the poor level of service of Highway 25. Further, Highway 25 has restricted access points by Caltrans, therefore it will necessitate increased turning movements at existing intersections which will also slow and impact traffic flow.

Comment #7: The EIR under the utilities section discusses stormwater. The City has recently pushed developers to implement underground stormwater retention / detention facilities that are extremely costly and have their own set of engineering issues.

The EIR references the use of drainage ponds / on-grade detention / treatment facilities. We strongly encourage the City to allow the developer to decide which type of stormwater system is appropriate in complying with the stormwater codes while also being complementary to the project instead of a one type fits prescriptive approach. On-grade drainage pods and detention systems along with bioswales can be seamlessly integrated into landscape solutions and help reduce the excessive construction required (air quality impact), off-haul of spoils (more construction trip generation and air quality impacts), that underground systems generate.

Comment #8: The EIR under the utilities section discusses electrical and gas services. It does not appear the EIR authors are aware of the current lack of infrastructure and extensive service deficiencies PG&E has in providing electric and gas service to the norther part of the City of Hollister. Developers in northern part of Hollister have had to delay projects for over three (3) years due to the lack of available electric service. PG&E appears to be starting to investigate option for new substation and transmission lines but the timing and final implementation remain undetermined.

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4 We look forward to continuing our engagement with the City of Hollister’s General Plan update process and will continue to respond to your request for input. Thank you for being responsive to all the input you are receiving from community members including residents, customers, business partners, employees, and property owners.

Sincerely,

Matt Nohr
Orosco Group & Associates

Cc: Patrick Orosco [email protected]
Chris Orosco [email protected]
Geary Coats [email protected]
Christy Hopper [email protected]

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10 Harris Court, Suite B‐1, Monterey, CA 93940
(831)  649 ‐ 0220

June 30, 2023

City of Hollister Development Services Manager – Planning Division Attn: Eva Kelly, Interim Planning Manager
339 Fifth Street, Hollister, CA 95023
Tel: (831) 636-4360
Email: [email protected]
[email protected]

Re: Comments on City of Hollister Draft 2040 General Plan and Draft Environmental Impact Report (SCH No. 2021040277)

Dear Ms. Kelly,

On behalf of Wright Thirteen LLC and Felipe Nine LLC, The Orosco Group appreciates the opportunity to comment on the City of Hollister Draft 2040 General Plan and Draft Environmental Impact Report (SCH No. 2021040277) dated May 2023. The Orosco Group applauds the City of Hollister for taking a proactive look at how changing land use, emerging industries, technology, retail demand, housing needs, transportation improvements, demographic trends, and responsible and managed city growth will be addressed in the coming years.

Wright Thirteen LLC and Felipe Nine LLC have owned a combined 25 acres in the North Gateway district of City since 2017 and 2018 respectively, approximately one-quarter of the total area within the City Limits designated North Gateway Commercial (NG) as depicted on Exhibit A-1. During that time we have pursued development strategies that are intended to realize the vision of the City’s General Plan and Zoning Code. During the same period of time we have observed a changing opportunity set that reduced demand for certain approved uses and increased demand for uses that are either very similar to the existing approved uses in the North Gateway Zone or consistent with certain rezoning that is proposed by the current draft 2040 GP update.

Comment #1:

Towards the goal of advancing immediate economic development opportunities for the City and our 25 acres, as well as the 16 acres owned by our neighbor and affiliate Hollister-Forever 16 LLC (which property is presently within the County but proposed for annexation) as depicted in Exhibit A-2: we would encourage you to please consider amending allowable uses within the North Gateway zoning to include the following complementary uses:

1) Research & Development
2) Creative / Flex Office / Maker Space
3) Life Sciences related facilities (including but not limited to, Sales, Manufacturing, G.5.c
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2 Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution) 4) E-Commerce related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution) 5) Robotics related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution) 6) Computer, Artificial Intelligence, and Technology related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)
7) Data Centers and the technological evolution thereof.

All of the above uses are unmentioned in the current zoning code but are consistent with the existing spirit and intent of the North Gateway Zone. In many cases, they are the result of technology or trends that did not exist at the time of the last General Plan Update. The allowance of these uses within the North Gateway will foster an attractive entry to the City. As consistent with the prioritized “job creation” in the the North Gateway district, this proposal create technically skilled and high paying jobs and attract new and emerging businesses. Given that the benefits from access to major transportation corridors. These uses will reduce traffic (commuting), improve air quality (reduced length of trips), and make the City a further desirable place to live.

Comment #2:

Per Section 3.4.1 North Gateway, the North Gateway includes a triangular area northeast of Highway 25 and San Felipe Road north of Downtown that could be developed for automobile dealerships. The site has access from Highway 25, and the dealerships would be visible to all motorists entering the City. In addition to allowing for automobile dealerships and to reflect the transition from combustible to clean air vehicles, we recommend amending the North Gateway zoning district allowable uses to include the following uses:

8) Electrical Vehicles related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution) 9) Battery, Solar, & Alternative Energy Related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)

All of the above uses are unmentioned in the current zoning code but are consistent with the existing spirit and intent of the North Gateway Zone. In many cases, they are the result of technology or trends that did not exist at the time of the last General Plan Update. The allowance of these uses within the North Gateway will foster an attractive entry to the City. As consistent with the prioritized “job creation” in the the North Gateway district, this proposal create technically skilled and high paying jobs and attract new and emerging businesses. Given that the benefits from access to major transportation corridors. These uses will reduce traffic G.5.c
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3 (commuting), improve air quality (reduced length of trips), and make the City a further desirable place to live.Comment #3:

Comment #3:

As depicted on Figure LU-2 Land Use Map (Exhibit A1 and A2), the northern partition of the North Gateway land use includes multiple parcels without direct frontage on the two intended City “entry boulevards”, as well as parcels that have frontage but excessive depth not conducive to the allowable zoning uses, or parcels mid-block between the two “entry boulevards”. Hard corners at the intersection of most roads within in the North Gateway Zone have already been developed with uses currently permitted within the zone. Further, a number of the existing retail approved uses within the NG zone are disconnected with current market demand as well as the priority of supporting the vibrancy of the City’s downtown and existing commercial centers. To avoid creating “dead zones” additional uses should be added to the list of allowed uses within the North Gateway Zone that are prepresently permitted in other zones, but also consistent with the spirit, intent and other uses already permitted within the NG zone:

10) Professional Offices
11) Convenience Store
12) Food Products / Food Processing
13) Pharmaceuticals
14) Repair and Maintenance - Consumer Products
15) Equipment Sales, Services, Rental
16) Food and Beverage Sales
17) Health / Fitness Clubs (Recreation)
18) Storage, Personal Storage Facilities

Comment #4:

Figure LU-2 Land Use Map (Exhibit A1 and A2) depicts multiple parcels to the east of the Highway 25 and San Felipe Road intersection as High Density Residential that bisects the North Gateway zoning to the north, south and partial east. Multiple parcels on the south side of N Chappell and the parcel on the northeast corner of San Felipe and N Chappell are also identified in Figure LU-2 Land Use Map as High Density Residential. Given the State’s housing crisis and the need for residents to activate commercial uses, reduce vehicle trips / traffic congestion, and reduce the impact to air quality, we request High Density Residential zoning continue to our Felipe Nine LLC parcel, the existing group of legal non-conforming residential parcels, and the CALTRANS yard on the north side of N Chappell which are all immediately adjacent to identified High Density Residential zoning areas and lack any frontage on San Felipe making them viable for NG uses (See Exhibit A3). As an alternative to modifying the zoning, we request the City implement an overlay district that allows for High Density Residential within the NG zone.

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4 Comment #5:

The EIR under the utilities section discusses stormwater. The City has recently pushed developers to implement underground stormwater retention / detention facilities that are extremely costly and have their own set of engineering issues. The EIR references the use of drainage ponds / on-grade detention / treatment facilities. We strongly encourage the City to allow the developer to decide which type of stormwater system is appropriate in complying with the stormwater codes while also being complementary to the project instead of a one type fits prescriptive approach. On-grade drainage pods and detention systems along with bioswales can be seamlessly integrated into landscape solutions and help reduce the excessive construction required (air quality impact), off-haul of spoils (more construction trip generation and air quality impacts), that underground systems generate.

Comment #9:

The EIR under the utilities section discusses electrical and gas services. It does not appear the EIR authors are aware of the current lack of infrastructure and extensive service deficiencies PG&E has in providing electric and gas service to the norther part of the City of Hollister.

Developers in northern part of Hollister have had to delay projects for over three (3) years due to the lack of available electric service. PG&E appears to be starting to investigate option for new substation and transmission lines but the timing and final implementation remain undetermined.

We look forward to continuing our engagement with the City of Hollister’s General Plan update process and will continue to respond to your request for input. Thank you for being responsive to all the input you are receiving from community members including residents, customers, business partners, employees, and property owners.

Sincerely,

Matt Nohr
Orosco Group & Associates

Cc: Patrick Orosco [email protected]
Chris Orosco [email protected]
Geary Coats [email protected]
Christy Hopper [email protected]

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5 Exhibit A1 - Figure LU-2 Land Use Map

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6 Exhibit A2 - Figure LU-2 Land Use Map

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7 Exhibit A3 - Proposed High Density Multi-family Residential Rezone or Overlay District

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10 Harris Court, Suite B‐1, Monterey, CA 93940
(831)  649 ‐ 0220
September 15, 2023

Mia Casey, Honorable Mayor
City of Hollister
375 Fifth Street
Hollister, CA 95023
[email protected]

Re: General Plan Update City Council Meeting (9/11/23) Follow-up Wright 13 & Felipe 9 Properties Request for Rezone To Industrial Or Amend Allowed Zoning Uses In North Gateway District

Dear Honorable Mayor Ms. Mia Casey

Thank you again for the extra time and diligence you provided at this past Monday’s special City Council meeting covering the Hollister General Plan Update and Housing Element. I am following up with you on the Council’s direction to Staff to come back with supplemental information regarding our Wright 13 and Felipe 9 properties request to either rezone (north gateway to industrial) or amend the allowable uses.

To assist in this effort, please see the attached Exhibit A ‘Partial Figure LU-2 Land Use Map’ where our parcel’s locations have been identified and Exhibit B ‘Areial Map’ where our parcel’s geometry and relationship to the public right of way are shown along with existing adjacent uses.

With our two properties being located mid-block, having an extensive parcel depth, and/or having no frontage on the two main transportation corridors (Hwy 25 and San Felipe Rd), these factors are not conducive to the uses currently allowed in the North Gateway zoning district and in essence create “dead zones” unless modifications are incorporated. These modifications are being requested to be incorporated in the GPU now to provide certainty and clear guidance as we advance our development projects rather than waiting for zoning clean-up amendments later down the road.

As presented during the public comment period at Monday’s City Council meeting, I am respectfully requesting the City Council rezone our Wright 13 and Felipe 9 parcels to Industrial as part of the City’s current General Plan Update. Industrial uses and zoning are already in the immediate vicinity to both properties and would support other North Gateway uses on parcels that have immediate frontage and higher visibility on the two major corridors.

If the desire of City Council is to not rezone our two parcels as proposed above, we would then request the City Council consider amending allowable uses within the North Gateway zoning to include the following complementary uses:

1) Research & Development

2) Creative / Flex Office / Maker Space
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2 3) Life Sciences related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)

4) E-Commerce related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)

5) Robotics related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)

6) Computer, Artificial Intelligence, and Technology related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)

7) Data Centers and the technological evolution thereof.

8) Electrical Vehicles related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution).

9) Battery, Solar, & Alternative Energy Related facilities (including but not limited to, Sales, Manufacturing, Fulfillment, Service, Logistics, Warehouse, Wholesaling and Distribution)

Please let me know if I can provide any additional information to further assist you in evaluating this request. I would welcome the opportunity to meet or have a follow call if you would find it beneficial. Thank you for being responsive to all the input you are receiving from community members including residents, customers, business partners, employees, and property owners.

Sincerely,

Matt Nohr
Orosco Group & Associates

Cc: David Mirrione, Interim City Manager [email protected] Patrick Orosco [email protected]
Chris Orosco [email protected]

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3 Exhibit A – Partial Figure LU-2 Land Use Map

WRIGHT 13 LLC

PROPERTY
- MID BLOCK
- PARCEL DEPTH
FELIPE 9 LLC

PROPERTY
- NO STREET

FRONTAGE
- PARCEL DEPTH
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4 Exhibit B – Areial Map

WRIGHT 13 LLC

PROPERTY

- MID BLOCK
- PARCEL DEPTH
FELIPE 9 LLC PROPERTY

- NO STREET FRONTAGE
- PARCEL DEPTH
(E) CALTRANS

MAINTEANCE

STATION
(E) INDUSTRIAL

USES ON
THESE

ADJACENT

PARCELS
(E) INDUSTRIAL

USES ON
THESE

ADJACENT

PARCELS
(E) PETROLEUM
& PROPANE

DISTRIBUTION

FACILITY

ENTITLED

CANNABIS

DISPENSARY

PROPERTY
(E) INDUSTRIAL

USES ON
THESE

ADJACENT

PARCELS
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5 G.5.d
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 7, 2023
DEPARTMENT:

DEPARTMENT HEAD:

Planning
Eva Kelly, Interim Planning
Manager

TITLE OF ITEM: CONSIDER A REQUEST BY BRIGHT FUTURE RECOVERY TO WAIVE

THE REQUIRED APPLICATION FEE FOR A SPECIFIC PLAN AMENDMENT

BRIEF DESCRIPTION: The Applicant, Bright Future Recovery, has requested a waiver of the required Application Fee for a Specific Plan Amendment for their project, a sober living facility, located at 1000 Fairview Road.

RECOMMENDATION: Provide direction to staff on whether to waive the Specific Plan Amendment fee for the project located at 1000 Fairview Road.

DEPARTMENT SUMMARY: The Applicant, Cheree Ashely of Bright Future Recovery, has requested a waiver of the Application Fee required for Specific Plan Amendments. The Applicant made the request for the fee waiver during Public Input at the August 21, 2023 City Council meeting. The City Council then directed the City Manager to bring back the fee waiver request for review by the City Council.

The Applicant has applied for a Site and Architectural Review (S&A 2022-13), Conditional Use Permit (CUP 2022-5) and environmental review (as required by the California Environmental Quality Act) to construct a sober living facility located at 1000 Fairview Road (please see Attachment 1 for a written description of the facility from the Applicant). During the review of the project, Staff determined that an amendment to the West of Fairview Specific Plan (approved in 1998 and amended in 2007) would be required in order to process the project. This property was included in the West of Fairview Specific Plan and the Specific Plan only allows the existing house to be located on the site.

The Applicant has paid the following application fees and document preparation fees to the City:

• $7,022.20 for Site and Architectural Review (S&A 2022-13) • $6,178.03 for Conditional Use Permit (CUP 2022-5)
• $14,605.00 for a Focused Traffic Study
• $12,161.48 for work conducted in accordance with the requirements of the California Environmental Impact Report (for the preparation of a CEQA Addendum)

In total, the Applicant has paid $39,966.71 to the City for work related to their project. The required Application Fee for a Specific Plan Amendment (as noted in the City’s Fee Schedule) is $9,532.03 ($8,867.00 bas fee + $655.03, general plan update/technology fee).

The Specific Plan Amendment will require minimal work by staff. All time spent reviewing the project can be covered through the Site and Architectural Review, Conditional Use Permit and G.6
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environmental review fees already paid for by the Applicant. The Specific Plan Amendment will require a one-page insertion into the West of Fairview Specific Plan (for site specific requirements) and a staff report, presentation and ordinance for City Council (specific plan amendments required approval by the City Council). Staff estimates total time for this work to be less than 10 hours.

Staff requests Council direction regarding the request for a fee waiver for the Specific Plan Amendment application fee. If directed by Council, staff will return with a resolution to waive all or a portion of the Specific Plan Amendment application fee.

Conclusion:

The Applicant is requesting a waiver of the Specific Plan Amendment fee which is $9,532.03 due to the cost of fees already paid to the City for work on their project. Staff anticipates that work related to the Specific Plan Amendment will be less than 10 hours and the required fee is well over what would be needed to process a Specific Plan Amendment for this project.

FINANCIAL IMPACT: If approved, the Applicant will not be required to pay the Application Fee for a Specific Plan Amendment. All other application fees and associated costs have been paid by the Applicant. Staff time related to the processing of the Specific Plan Amendment would not be paid by the Applicant.

CEQA: A request for a fee waiver is not subject to CEQA requirements. The proposed project will be reviewed as required under CEQA and any project approvals will comply with CEQA and the State CEQA Guidelines.

ATTACHMENTS:

1. BFR Applicant Statement

2. Fee Waiver Request

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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May 18, 2023
I would like to take the opportunity to introduce Bright Future Recovery—a medication-assisted drug and alcohol detox facility—with the hope of becoming a resource for our local community.

Bright Future Recovery is a family-oriented drug and alcohol detox facility with locations in both Northern and Central California. With our wide radius, we are able to provide services throughout California. Bright Future Recovery is a medically assisted detox program with a 24-hour on-site medical team. Bright Future Recovery’s Avila Beach and Hollister locations offer residential treatment in addition to detox. One-on-one case management and collaborative post-treatment planning are also provided to ensure that our clients receive continued clinical support.

Bright Future Recovery offers comprehensive residential treatment services for a smooth transition into daily life after the detox process. Residential treatment is an essential step in the recovery process. The Bright Future atmosphere is a safe, harmonious space where clients are encouraged to identify the root of their addiction. Our core curriculum focuses on the mind-body connection and incorporates a trauma-informed approach to the healing process. Clinical support is delivered through individual, group, and family therapy focusing on evidence-based and contemporary treatment modalities such as EMDR, CBT, DBT, psycho education, family systems, 12-step, and non-12-step programs, equine therapy, and meditation.

We are looking to upgrade our Hollister Location which is currently a 12 bed residential program since 2017 to 18 beds (6 bed increase). At the time, our location was considered county. Now that we are in city limits we have been taking all the necessary actions to obtain a CUP for this campus upgrade. The main building will be used for groups, office space, individual sessions. Currently we have 1 bedroom converted into an office and a shed on the side which is also converted into an office. We use living rooms as group rooms. Expanding will make our working environment much more comfortable and Spacious for our team and clients. If ever anyone from the county or city would like to tour our program I am more than happy to assist with this.

We look forward to partnering with our local community, and providing support to individuals battling addiction. We are in network with a variety of insurance providers and more often than not, we work hard to provide flexible financing.
1000 Fairview Road Hollister, CA 95023
6850 Ontario Road San Luis Obispo, CA 93405
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Added notes and reply to email request-
Currently our facility is operating as a 12 bed facility. When we originally opened in 2015 we were licensed as a 6 bed program. When we increased to 12 I had contacted the city to inquire about the process to do so. City said we were county and we needed to coordinate through them. County’s requirement was simply to get fire clearance and turn into the state, which was done I believe back in 2016-17. Since then we have been operating as a 12 bed facility. If we ever had an emergency call, the sheriff’s were the ones to come out. One day, I believe in 2021, the local PD came out for a call. When they arrived I was shocked to see them and asked where sheriffs were? PD informed me that we are now in city lines due to new housing going in and no longer county. ( I am a by the book business person) so I instantly reached out to the city, informing them of this and asking what I needed to do to obtain a CUP as I had already known city requires one for anything over 6 beds. Originally, city was considering grandfathering me in, until they dug deeper and found my address was technically city limits all along. City then informed me I needed to submit a CUP application.

Future goals for BFR was to eventually turn our acre into a beautiful campus.

Since we were already needing to submit CUP for 12 beds, I figured we might as well get the campus design going and submit for the entire thing at once so I did not need to do it twice. So here we are :) It’s been a long and expensive process. But I am passionate about BFR, what we do for our community and those needing our help to get their lives back on track. Currently, we are a single story home with 5 bedrooms and a small shed on the side. One bedroom is converted into an office. One bedroom has 3 beds, 2 rooms have 2 beds, and the master has 5 beds, for a total of 12 beds.

We are a 24/7 residential facility licensed through the state of CA, and accredited by The Joint Commission. MAXIMUM staff we have onsite at one time is 10-12. Average is 6-8. Currently It is a tight squeeze at the facility, but we make it work and clients have no complaints. However, we all dream of more space. Which is where the new admin office comes into place. The admin office consists of a reception area, conference room, group room and 3 offices. Currently our groups are held in the living room which would then be held in the new group room. Currently our staff gather to plan and discuss cases in the 1 office inside the house, this will then take place in a 1000 Fairview Road Hollister, CA 95023
6850 Ontario Road San Luis Obispo, CA 93405
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new conference room. We currently provide individual counseling sessions in the shed which will then take place in an actual office space. The admin office is to simply provide more space for our clients and team during the day. Night time Admin office will be locked and closed.

We do not allow clients to drive themselves in as it is a liability if they want to leave. ( Out of sight out of mind ). Families either drop their loved one off, or we have a staff member transport them in.

Visitors are allowed on Sundays between 11-4. Average is usually 3-4 families each visiting day. 1-2 people per family.

Most of our family therapy sessions are via zoom with our clinical director. If we provide in person sessions it is on Sundays during their visit. Currently these meetings are held outside patio. A quiet space in new admin office would make these conversations much more comfortable.

We do not currently offer outside meetings to come into the facility due to protection of our in house residents. We take them to local meetings in town.

BFR has another location located at 330 Tres Pinos Rd. Suite F-3 which was just approved by the city to provide out patient services. New admin office on fairview would not be the out patient office.

Occasionally we do provide tours to other professionals, therapists, facility representatives. These happen maybe once every other month. Usually 3-4 people at a time during regular business hours for about an hour or 2. This is to show other professionals what we offer and so they first hand have been to our location and have met our team.

I am attaching our daily program schedule to better understand what takes place each day :) Experiential, or exercise outing is the scheduled time for outdoor amenities.

I hope these points answer all the questions asked. I want to thank you all again for all your help. I would love to provide a tour, meet In person one day so you all have a clearer understanding of BFR and the wonderful services we provide. We truly have an amazing team who have such a passion for saving lives. We have the pleasure of helping individuals heal during a very vulnerable and scary time In their life and we get to see majority of them smile big with the certificate of completion and become healthy, sober, contributing members to a crime free and drug free society. 1000 Fairview Road Hollister, CA 95023
6850 Ontario Road San Luis Obispo, CA 93405
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I am requesting the city to kindly waive the Specific Plan Amendment fee. I have spent over $200,000 on this project thus far. Between attorney fees to coordinate LLA with award homes over the past 4 years, to design and architect work for the beautiful new campus, Two traffic survey’s, one personally done and one through the city. I have also paid fee for CEQA. It would be very much appreciated if this fee could be waived so we can continue this project and hopefully get approved and I can pay permit fee and get started on this wonderful project.

Please feel free to reach out anytime. We look forward to meeting with you and discussing further details.

Thank you,
Cheree Ashley
Owner/Director
[email protected]
831.245.7736
www.bfrdetox.com
1000 Fairview Road Hollister, CA 95023
6850 Ontario Road San Luis Obispo, CA 93405
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September 1, 2023

To Whom It May Concern:

I am requesting the city to kindly waive the Specific Plan Amendment fee. I have spent over $200,000 on this project thus far. Between attorney fees to coordinate LLA with award homes over the past 4 years, to design and architect work for the beautiful new campus, Two traffic survey’s, one personally done and one through the city. I have also paid fee for CEQA. It would be very much appreciated if this fee could be waived so we can continue this project and hopefully get approved and I can pay permit fee and get started on this wonderful project.

Please feel free to reach out anytime. We look forward to meeting with you and discussing further details.

Thank you,

Cheree Ashley
Owner/Director
[email protected]
831.245.7736
www.bfrdetox.com
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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: October 13, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: PROVIDE DIRECTION TO STAFF REGARDING A POTENTIAL BALLOT

MEASURE TO INCREASE THE MAYOR'S TERM OF OFFICE TO FOUR YEARS

BRIEF DESCRIPTION: At a recent City Council meeting, the Council directed staff to return with information regarding placement of a ballot measure to increase the mayoral term from two to four years.

RECOMMENDATION: Provide direction to staff regarding a potential ballot measure for the November 5, 2024 general election to increase the mayoral term to four years.

DEPARTMENT SUMMARY: At the October 2, 2023 City Council meeting, the Council directed staff to return with information regarding placement of a ballot measure to increase the mayoral term from two to four years. Government Code section 34900 et seq. permits the City to have a directly elected mayor and for the mayor to serve either a two-year or a four-year term. The information regarding the length of terms for the City’s elected officials is in Section 2.04 of the Hollister Municipal Code (HMC).

Pursuant to Section 2.04, the mayor serves a two-year term while the other members of Council and the City Treasurer serve four-year terms.

In November 2022, the voters approved Measure S which set term limits for the City Council, including the mayor, at eight consecutive years. Measure S included language that if the mayoral term changed from two to four years, then the same eight -year consecutive years of service would apply.

Prior to placing a measure on the ballot, the City Council must decide how to address the term of the mayor elected in the November 5, 2024 election. The mayor elected in 2024 could serve a two-year term; or if a ballot measure is approved by the voters, the mayor elected in 2024 could serve a four-year term.

FISCAL IMPACT: If the City Council approves placing a measure on the November 5, 2024 general election ballot, the City will consolidate with San Benito County for the election. In advance of the election, the Registrar of Voters will provide an estimate of costs for the ballot measure.

CEQA: This item is not a project under CEQA.

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

STAFF RECOMMENDATION
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David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: October 17, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Clerk
Jennifer Woodworth, City Clerk

TITLE OF ITEM: DISCUSSION AND DIRECTION RELATED TO IN-LIEU PETITIONS FOR

PUBLICATION COSTS FOR CANDIDATES OF ELECTIVE OFFICES THAT WISH TO FILE A

CANDIDATE STATEMENT

BRIEF DESCRIPTION: As part of the elective process candidates have the opportunity to include a Candidate Statement in the voter pamphlet published by the Registrar or Voters. The City Council will review the fee options and provide direction to staff.

RECOMMENDATION: Receive report and provide direction to staff.

DEPARTMENT SUMMARY: As part of the City’s elective process, candidates have the opportunity to include a 200-word Candidate Statement ("Statement") in the County Voter Information Guide published by the County Registrar of Voters (ROV). The County of San Benito ("County") elections official shall estimate the cost of providing the statements which include printing, handling, translating, and mailing.

In the 2022 Election, the cost of statements for the Mayoral and Treasurer seats, which are elected at large, was $1,378 each. The cost for District 2 was $509, and the cost for District 3 was $529. The fees for candidate statements are based on the word count of the statement and the number of voters in the jurisdiction.

The County of San Benito is required to publish in both English and Spanish. For a 200-word statement (1/4 page for each language) printed in the county Voter Information Guide and posted online, the fee is $250, plus $.05 per voter in the district for printing and mailing the voter guide. Estimates for 2024 are currently at $1,320.05 for the mayoral seat, $508.70 for District 1, and $556.20 for District 4.

The City council will consider whether to implement a policy requiring candidates to pay the full or a portion of the cost of publishing their statement. Some possible options are:

• Keep the current process for the candidate to continue covering the full cost of each statement.

• Split the cost 50/50 with each candidate.

• Establish a set dollar amount the City will cover and require the candidate to pay the remaining portion.

• Adopt a Petitions for Signatures in-Lieu policy and determine how many qualified signatures each candidate will need to gather for the City to cover the full cost or a portion of the cost of a candidate statement.

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The petitions in-lieu alternative allows each candidate to obtain a subsidy for the cost of publishing a candidate statement by gathering qualified signatures to cover the cost of publishing the candidate statement. A candidate submitting less than the designated number of verified signatures would be eligible for a prorated amount based on the number of verified signatures.

A qualified signature is the signature of a person, verified by the ROV, to be registered to vote in the candidate's district. The City will pay the cost of verifying signatures. Verification costs are based on ROV staff time. The ROV does not currently have an estimate for what the costs would be for additional signature verifications. If the Council adopts the proposed ordinance, the ROV would include the service in their 2025 cost study.

FINANCIAL IMPACT: The fiscal impacts will depend on which option Council chooses.

CEQA: N/A

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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STAFF REPORT

CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: NOVEMBER 20, 2023
SUBMITTED: November 13, 2023
DEPARTMENT:

DEPARTMENT HEAD:

City Manager
David Mirrione, City Manager

TITLE OF ITEM: UPDATED CITY COUNCIL PROJECTS

BRIEF DESCRIPTION: City Council requested a list of agenda items, work items, and updates requested by the City Council to staff to be created and placed on each agenda under Unfinished Business.

RECOMMENDATION: Receive the report and hold a discussion, if desired.

DEPARTMENT SUMMARY: On February 22, 2022, The City Council provided direction for staff to compile a list of all requests from Council that have been given to staff, back to January 18, 2022. The request is for this list to be added to, and placed under “Unfinished Business” on each agenda.

ATTACHMENTS:

1. 20231120 - Agenda Item and Update Request log

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

STAFF RECOMMENDATION

David Mirrione, City Manager

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2022 Council Agenda Item Requests 11/15/2023
1 Velazquez 1/18/2022 &
5/2/2022 Discussion on parking/parking garage fees Development Services (Planning/Engineering)11/6/2023
Parking fee study has been finalized and will be
brought forward to Council for discussion and
possible action. Agreement being drafted for
developer to provide improvements at garage.
2 Velazquez 5/2/2022
Add language in City Code to fine developers
who block the alleys, streets, public right of
way for longer than 2 days with dumpsters or
equipment
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
3 Burns, Morales 2/22/2022
Discuss the appeal process for developers
appealing Planning Commission decision,
analysis on what other cities are doing
Development Services
(Planning)TBD Included in Zoning and Municipal Code Update project.
4 Morales 3/20/2023 Update on when Council will discuss the fee for Accessory Dwelling Units Development Services TBD Staff returning with recommendations re: fee amounts
5 Burns, Morales, Perez 4/18/2022
Review Hollister Municipal Code that speaks
about security for events, fees, and permit
fees associated with them.

Administrative Services 4/1/2024 Willdan completed scope and has begun the study.
6 Council Member(s)5/2/2022
Strategic Plan and Study for Vista Park Hill
improvements, quotes for creating a dog park
at Park Hill to be included in next budget cycle
Parks & Recreation TBD
Topo survey has been contracted with Kelly
Engineering and survey should be ready by
10/31/22. Dog park at Vista Park will to be
included in 2023-24 budget for Council
consideration. Topo survey has been received.

Additional survey is being requested.
7 Burns 5/16/2022
Adopt a policy for staff to return calls and
emails within 24 hours, and if out of office
place notification on their email
Administrative Services (HR)TBD
Administrative Services department is in the
process of filling key vacancies within the
department and has delayed the drafting of the
policy.
8 Burns 1/17/2023 Reconsideration of City's development impact fees Administrative Services 4/1/2024 Fee Study being completed for all city fees Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log H.1.a
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2022 Council Agenda Item Requests 11/15/2023
Meeting DateDepartment#Council Member(s)Date
Requested Item Description Status
9 Resendiz 2/6/2023 Art development fees Parks & Recreation TBD Arts and Cultural Commission approved on 4/11.

Pulled from Council on 6/20/23
10 Perez 2/21/2023 Program to support beautification of Downtown business and empty lots Development Services TBD Staff working to develop options for Council discussion
11 Burns 3/20/2023 Create litter abatement and graffiti abatement team Community Services 11/20/2023 Cost estimates will be presented with the FY2023- 24 Q1 Budget Update. Item continued to 11/20/23
12 Casey 4/3/2023 Ordinance re: Vacant commercial buildings Development Services TBD Secured RGS for project. 13 Burns 8/21/2023 Future closed session or open session item on previous mountain lion encounter in the City City Attorney TBD City attorney drafting report for future council meeting
14 Burns 9/5/2023 Future Council discussion on holding the annual motorcycle rally City Manager 11/20/2023 Presentation on 11/6/23 agenda. Item continued to 11/20/23
15 Resendiz 9/18/2023
Council item regarding what other
municipalities are doing regarding landscape
and lighting district
Engineering 2/4/2024 Will be discussed at 2023-24 Q2 update 16 Perez
Burns
Resendiz
9/18/2023
10/16/23 Address odor reduction in District 2 Public Works 12/18/2023 Staff included odor control measures in
forthcoming Collection System Improvement
project.
17 Morales 10/2/2023 In lieu fees for City Elections City Clerk 11/20/2023 On 11/20/23 agenda 18 Morales 10/2/2023 Ballot measure to change mayoral term to four years City Clerk 11/20/2023 On 11/20/23 agenda
19 Morales 10/16/2023
Use her discretionary funds to install a camera
at the intersection of Promise Way and
Bridlewood Drive
City Manager TBD Staff working to develop agenda item
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log H.1.a
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2022 Completed Agenda Items 11/15/2023
1 Burns 1/18/2022
Victor Gomez's project (2021-147)
be placed on a future special
meeting agenda
City Clerk 4/2/2022 Special Meeting with
presentations by Victor 4/2/2022
2 Resendiz 1/18/2022
Presentation from the high school
on the need for another high
school and impact fees for funding
City Manager 4/2/2022 Special Meeting (ran out of
time at the 3/7 Meeting)4/2/2022
3 Velazquez 1/22/2022
City Manager and City Attorney to
negotiate a Rally contract with
Roadshows, that includes a fair
reimbursement to the promoter if
the City cancels, and to add that it
may be canceled due to COVID or
public safety staffing shortage.

Requested that the contract come
back by March 7 for Council to
review
City Manager 3/21/2022 Rally was canceled via Council
consensus 3/21/2022
4 Burns 2/7/2022 Consider cancelling Bird Scooter
program City Manager 3/21/2022 Direction given to staff re: Bird Contract 3/21/2022
5 Burns 2/22/2022 Closed session item to discuss
Safer Grant funding for firefighters City Manager 3/7/2022 3/7/2022 6 Morales 2/22/2022 Discussion on Gavilan College -
special meeting City Manager 4/2/2022 Special Meeting with presentation 4/2/2022
7 Perez 3/7/2022 Library AdHoc City Clerk 3/21/2022 created ad hoc, appointed 2 Council Members 3/21/2022
8 Perez 3/7/2022 Recreation Community Center Ad
Hoc City Clerk 3/21/2022 made this a subcommittee of
the Library Ad Hoc 3/21/2022
9 Velazquez 3/7/2022 Purchase or more speed cushions
placed on a future agenda City Manager 3/21/2022 done via Resolution 3/21/2022 10 Council
Member(s)3/21/2022 150th Celebration Proclamation City Clerk 4/4/2022 4/4/2022 11 Burns 2/7/2022 Discussion on hazard pay first
meeting of April City Manager 4/4/2022
MOU's re: Hazard Pay for
Employees approved
5/2/2022
5/2/2022
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date H.1.a
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 12 Council
Member(s)3/21/2022 "Welcome to Hollister" sign arch
over downtown, cost and design City Manager Approved at Special meeting 4/25/22 4/25/2022
13 Burns, Morales,
Perez 4/4/2022 Appropriation for $20,000 to
Bulldog Boxing City Manager 4/4/2022 Approved $30,000 at 5/2/222 Meeting 5/2/2022
14 Burns, Morales,
Perez 4/18/2022 Special Council Meeting for Sign
Contract City Manager 4/25/2022 Completed 4/25/22 4/25/2022 15 Burns, Morales,
Perez 4/4/2022
Research cost to have fiber to
Brigantino Park and Treatment
Plant and Fire Station 2
IT Completed 4/27/2022
16 Burns, Morales,
Perez 4/18/2022 Special Council Meeting to discuss
Rally and Fire District City Clerk Scheduled Special meeting for 5/14/22 5/14/2022
17 Burns 3/21/2022 Police Department Ad Hoc
Committee City Clerk 4/18/2022 Created PD Communications AdHoc on 12/20/2021 4/18/2022
18 Morales 2/22/2022 Discussion on the Ordinance
regarding Council Code of Conduct City Clerk 4/18/2022 Provided update on 4/18/2022 CCM.4/18/2022
19 Burns, Morales,
Perez 4/4/2022 Committee for Rally and Festivals City Clerk 4/18/2022 Council Members Morales and
Perez were appointed on April
18, 2022.
4/18/2022
20 Morales 1/18/2022 Create a way for Council to submit memos for the agenda City Clerk 4/18/2022
Clarified Council Member
wants to submit items to City
Clerk for posting to COH Social
media sites.
4/18/2022
21 Perez 1/18/2022
Discuss changing/increasing
Council salaries-City Clerk provided
Council & CM with current
Ordinances 978 & 1080
City Manager 3/7/2022
First Reading of Ordinance to
amend City Code set for May
16, 2022. Item did not pass.
5/16/2022
22 Burns, Morales,
Perez 4/4/2022
Presentation of substandard
Housing with statistics for past
substandard housing that are
significant
Code Enforcement 4/4/2022 On May 16, Council Meeting
Agenda 5/16/2022
23 Burns, Morales,
Perez 4/4/2022 Council Salary Ordinance City Manager
First Reading of Ordinance to
amend City Code set for May
16, 2022-Did not pass
5/16/2022
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 24 Burns 5/2/2022 Update on substandard housing
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
25 Council
Member(s)5/2/2022
Presentation on the RDA, bring
back the annual report for
acceptance (Jamila)
Housing,
Development
Services
Presentation on May 16, 2022 5/16/2022
26 Burns, Morales,
Perez 4/4/2022
Code of Conduct Ordinance
Review to make sure it is not
unconstitutional
City Clerk 4/4/2022
Memorandum will be
provided to Council by outside
attorney. Memo provided on
5/25/2022 on Regulating
Speech and removing
disruptive speakers
5/25/2022
27 Burns 2/22/2022
Discussion on Charter City, Term
Limits, and placing these items on
the ballot.

Ad Hoc 4/18/2022
Consultant is working on
Term Limits. Council
Direction for Charter City to
be brought back for
discussion in February of
2023. Council Term limit on
agenda for 6/6/2022 for
approval
6/6/2022
28 Burns 2/22/2022
Discussion on vacant lot downtown
San Benito Street at 7th St across
from the Memorial Building as a
park for green space
City Manager Inquiring with realtors, owner
doesn't want to sell.6/30/2022
29 Burns 2/22/2022
Discussion on acquiring
commercial vacant parcel on
Sunnyslope east of Airline Hwy and
South of Memorial, on South side
of road (6 acres) for a community
park.

City Manager
Developer working on a
project for site and the land is
in escrow.
6/30/2022
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 30 Velazquez 3/21/2022 Discussion or Study Session on
creating a Fire District City Clerk 4/18/2022
Request to LAFCo on the
process & working with
Elections Consultant. Special
Meeting to be held on May
14, 2022. LAFCO provided the
process to Council. May be
ready for Election in 2024 if
process is started in time.

Considered
complete
5/14/2022
31 Burns 3/21/2022 Discussion of putting the Rally on
the ballot City Clerk 4/18/2022
Special Meeting to be held in
May 14. Consultant is working
on Advisory Measure. On
June 6 Agenda for Council
Approval.
6/6/2022
32 Burns, Morales,
Perez 4/4/2022
Identify which sidewalks need
repairs and determine from that
how much money is needed
City Manager
Direction given to staff to
allocate $500,000 from ARPA
Funds, divide amongst 5
Council Members - Council to
send locations
Waiting on
individual Council
Members
33 Council
Member(s)5/2/2022 Presentation on grants, low
income housing
Housing,
Development
Services
Agenda item in June 2022 6/6/2022
34 Burns 5/16/2022 Look again at non permitted
vendors in city jurisdiction Code Enforcement Code patrolling on weekends 6/30/2022 35 Burns 5/16/2022
Report on Fire Inspection
Resources & how prevention may
have helped prevent fires
downtown
Fire Department Fire Presented in June 2022 6/21/2022
36 Burns 5/16/2022 Creation of Fire Bureau &
Resources necessary
Fire Department &
City Manager
Approved as part of the
Budget 6/27/2022
37 Burns 5/16/2022
Report on Budget for Fire
Department being Over Budget
and Under budgeted
Fire Department &
City Manager Presentation on June 6, 2022 6/21/2022
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 38 Burns 5/16/2022 Fire Department Liaison
Appointment on next agenda City Clerk 6/6/2022 Placed on June 6, 2022 Agenda 6/6/2022
39 Resendiz 5/16/2022 Speed Cushion update City Manager emailed Council 6/30/2022 6/30/2022 40 Burns 3/21/2022 Renaming Union Road to "Cesar
Chavez Way"City Manager 8/1/2022
Engineering bringing to August
2022 Meeting. If approved
working on ribbon cutting
8/1/2022
41 Burns 3/21/2022 RFP for Communications Center
feasibility study Police PD to bring agenda item on
9/6.9/6/2022
42 Burns, Morales,
Perez 4/18/2022 Review policies for Noise
Ordinance to include other animals
Police (Animal
Control)/ City
Attorney
This matter has been handled
via Ordinance brought to
Council on September 6, 2022.
9/14/2022
43 Burns/Perez/Mora
les 9/6/2022
Proclamation declaring October as
Breast Cancer Awareness month.

Fly Breast Cancer flag in October at
City Hall.

City Manager 9/19/2022 Proclamation on 9/19 agenda.9/19/2022 44 Burns 9/19/2022 Closed Session item on the Airport
Tenant Eviction City Manager
City Manager provided Council
Member Burns with necessary
information so item does not
need to be put on closed
session.
9/19/2022
45 Burns, Morales,
Perez 4/4/2022 Shopping Cart Ordinance Review
City Attorney /
Police (Code
Enforcement)
10/3/2022
Second reading of ordinance
will be brought to Council on
10/3/22.
10/3/2022
46 Morales 9/6/2022 Council pay increase City Attorney Update provided to council.10/3/2022 47 Perez 10/3/2022 Developer Meeting City Manager 10/10/2022 City Manager will work on scheduling a Special Meeting 10/10/2022
48 Perez 10/3/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ
for Facility Assessment Survey.

Will bring to the 10/17/22 City
Council Meeting
10/17/2022
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 49 Burns, Morales,
Perez 4/18/2022 Building maintenance program Community Services 10/17/2022 Department working on RFQ for Facility Assessment Survey.10/17/2022
50 Morales 9/6/2022 Water Conservation Presentation City Manager 11/7/2022 Will contact SBCWD to
schedule date for
presentation.
11/7/2022
51 Resendiz/Morales/
Perez 9/6/2022
Letter to Board of Supervisors
regarding fentanyl crisis in San
Benito County
City Manager 11/7/2022
Behavioral Health has
requested to present at
11/7/22 council meeting. Will
evaluate need for letter post
presentation.
11/7/2022
52 Burns, Morales,
Perez 4/18/2022 Analysis of Swope Alley City Manager 11/7/2022 Bid documents for the Wentz-
Browns-Swope Alley
Pavement and Drainage
Project are being presented to
the Council for approval on
11/7/22.
11/7/2022
53 Burns 11/21/2022
Municipal Code Section 1010-1050
(Parking of RV& Boats in Private
Property)
Police (Code
Enforcement)12/5/2022 Discussion scheduled for 12/5
Council meeting 12/5/2022
54 Burns 11/21/2022 Discussion on Rally City Manager 12/19/2022 Discussion scheduled for 12/19 Council meeting 12/19/2022
55 Resendiz 11/21/2022
Process for Police Department to
Wear LGBTQ+ Pride Awareness
Flag on Patch
Police City attorney reviewing 1/17/2023
56 Casey 2/6/2023
Creation of an ad hoc committee
for the animal shelter and invite
county representatives
Police (Animal
Control)/ City
Attorney
Casey and Resendiz to serve
on committee 2/6/2023
57 Resendiz 9/6/2022
Review Animal Control Ordinance
to ensure that "puppy mills" are
not inadvertently permissible in
city.

Police (Animal
Control)/ City
Attorney
Will be discussed at the
Animal Control Ad Hoc
Committee meeting
2/14/2023
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 58 Burns 2/6/2023
Proclamation honoring LULAC for
35 years of service to the
community
City Manager 2/21/2023 Item scheduled for 2/21/23 2/21/2023 59 Burns 2/6/2023 Closed session on 2/21/23 to
discuss City Manager City Attorney 2/21/2023
City Manager contract
discussion scheduled for
Closed Session
2/21/2023
60 Casey 2/21/2023
Options to address feral cat
population including two
additional spay/neuter clinics in
March
Police/Animal
Control 3/6/2023 Agenda item scheduled for
3/6/23 3/6/2023
61 Casey 2/6/2023 Special meeting to discuss traffic
calming measures and city streets Community Services 3/6/2023 Agenda item scheduled for 3/6/23 3/6/2023
62 Resendiz 3/6/2023
Options for recognizing June as
LGBTQ+ month, such as flag
raising, progressive stickers, email
logos, inclusivity training, unisex
restroom signs
City Manager 3/20/2023 Item on the 3/20/23 agenda 3/20/2023 63 Burns 3/6/2023
Proclamation recognizing the
Hollister High School girl's soccer
team on their state championship
City Clerk 3/20/2023 Presented on 3/20/23 3/20/2023
64 Casey 3/6/2023 Study session on traffic calming
projects Engineering 3/27/2023
Council directed staff to draft
a speed cushion/traffic
calming measure policy
3/27/2023
65 Perez 3/20/2023 Raise the Christian Flag at City Hall on April 2 City Clerk 3/27/2023
Council approved resolution
on 3/27/23 authorizing the
raising of the Christian flag on
4/2/23
3/27/2023
66 Morales 2/21/2023 Presentation on new laws
impacting city operations City Attorney 4/3/2023 Presented to Council on 4/3/23 4/3/2023
67 Burns 2/21/2023 Policy regarding proclamations City Clerk 4/3/2023 Approved by Council on 4/3/23 4/3/2023
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 68 Burns 3/6/2023
Update HMC 1.18.060 to reflect
location of Code Enforcement
office
City Attorney 4/3/2023
Second reading of ordinance
will be brought to Council on
4/17/23
4/17/2023
69 Casey 3/6/2023
3/20/2023
Neighborhood/Community
Meeting to discuss Ladd Lane
traffic calming measures
Engineering 4/17/2023 Council approved public
outreach project 4/17/23 4/17/2023
70 Burns 4/3/2023
Proclamation for Cole Seymour
and Eliana Salcedo for their recent
wins at Razorback Wrestling
competition
City Clerk 4/17/2023 Presented on 4/17/23 4/17/2023
71 Perez 2/21/2023 Discussion of Council Pay (HMC

2.04.320)City Attorney 4/17/2023 Council direction provided 4/17/23. 4/17/2023
72 Burns 2/21/2023 Presentation on Flock Cameras Police 4/17/2023 Presented 4/17/23 4/17/2023 73 Burns 2/6/2023 Rename Community Center for
Pauline Valdivia
Parks & Recreation
(Tina)4/17/2023 Approved 4/17/23 4/17/2023
74 Casey 1/17/2023 Policy on how items are added to
the City Council agenda City Clerk 4/17/2023 Council direction provided 4/17/23. On 5/1/23 agenda 4/17/2023
75 Burns 1/17/2023
Request update to municipal code
related to Administrative Hearing
Officer requirements
City Attorney 4/17/2023 Council direction provided
4/17/23. 4/17/2023
76 Resendiz 3/20/2023
Refer to the Arts & Cultural
Advisory Commission the design of
the Hollister logo to incorporate
the LGBTQ+ Progress Pride flag
Parks & Recreation 4/11/2023 a logo considered at the ACC meeting on 4/11/23 4/11/2023
77 Burns 3/21/2022 Discuss a Historical Officer position at budget time City Manager 3/27/2023 Will bring item back to goal setting meeting.3/27/2023
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2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 78 Burns, Morales,
Perez 4/18/2022
As part of budget process, reports
from each dept on year to date
accomplishments, 3 year fiscal
analysis or forecast for anticipated
equipment , projects,
expenditures, performance
measures, task performance
measures, and employee
satisfaction rate.

City Manager 3/27/2023 Will be included as part of
2023-24 Budget Hearings 3/27/23 - 6/30/23
79 Burns 3/6/2023
Fly the Deferred Action for
Childhood Arrivals flag at City Hall
for a month
City Clerk 5/1/2023
Resolution to Raise DACA flag
5/4/23-5/7/23 on 5/1/23
agenda
5/1/2023
80 Burns 2/21/2023
Proclamation recognizing Bill's
Bullpen for 35 years of business in
Hollister
City Clerk 5/1/2023 Scheduled to coincide with
start of Comic Book Week 5/1/2023
81 Perez 3/20/2023 Install electric vehicle charging
systems throughout the City Community Services 5/1/2023 Staff working with 3CE on a
grant proposal to provide
funding for EV stations.
5/8/2023
82 Morales 9/6/2022 Future park to be developed in
District 3 Parks & Recreation N/A
Federal appropriation request
submitted. Not awarded. Staff
exploring grant opportunities
for the Leatherback property.

TBD
83 Resendiz 5/1/2023
Presentation by United Way of San
Benito County regarding 2-1-1
Program
City Clerk 5/15/2023 Presentation confirmed 5/15/2023
84 Council 4/3/2023
Letter of opposition re: Taxpayer
Protection and Government
Accountability Act initiative
City Attorney 5/15/2023 Letter prepared for 5/15/23
meeting 5/15/2023
H.1.a
Packet Pg. 597

2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 85 Burns 5/1/2023
Consideration of waiving pre-
application fee for the Growing
Hearts garden center
Development
Services 6/5/2023 Staff prepared agenda item
for 6/5/2023 meeting
86 Resendiz 5/1/2023
Consideration of refund for
conditional use permit fee for
Fiesta Plaza
Development
Services 6/5/2023 Staff prepared agenda item
for 6/5/2023 meeting
87 Burns 5/15/2023 Proclamation for Hollister High
School Green Ribbon Award City Clerk 6/5/2023 Staff prepared agenda item for 6/5/2023 meeting
88 Burns/Perez 9/6/2022 Develop cooling and warming
center policy City Manager N/A Posted OES approved policy on City Website 6/1/2023
89 Burns 6/5/2023 City Attorney Evaluation City Attorney 6/20/2023 On 6/20/23 Agenda 6/20/2023 90 Burns/Resendiz 6/5/2023 Presentation on Sewer Services Community Services 6/20/2023 On 6/20/23 Agenda 6/20/2023 91 Burns 6/5/2023
Parade for Hollister High School
baseball team, softball team and
girls soccer team
City Manager 6/17/2023 Being included in Saddle
Horse Show Parade 6/17/2023
92 Burns 6/5/2023
Proclamations for Hollister High
School baseball team and softball
team
City Clerk 6/20/2023 On 6/20/23 Agenda 6/20/2023
93 Burns 6/5/2023 Funding for additional police
officer in FY23-24 budget Finance 6/12/2023 Included in draft budget 6/12/23 6/12/2023
94 Morales 4/17/2023 Use of Council discretionary funds for beautification projects
Development
Services 6/5/2023
Discretionary funds policy
being drafted as part of 2023-
24 budget
6/5/2023
95 Burns 3/6/2023
4/3/2023
Clarification regarding Council
discretionary funds. Consider
raising budget to $100K
Administrative
Services 6/26/2023 Budget set at $50k.6/5/2023
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Packet Pg. 598

2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 96 Perez 3/6/2023 Tree Replacement Program Community Services 6/26/2023 Staff preparing program for 2023-24 Budget 6/26/2023
97 Resendiz 2/21/2023
Consideration of an amendment to
HMC regarding adoption of
tentative maps by the City Council
Development
Services TBD Item was previously brought
to Council and did not pass.
98 Resendiz 2/21/2023 Policy on use of Council travel
funds
Administrative
Services 6/12/2023 Policy complete 6/12/2023
99 Burns, Morales,
Perez 4/4/2022 Food Truck Ordinance Review Development
Services 6/5/2023
Planning Commission
reviewed on 4/27/2023.
6/5/23 Council public hearing.

Staff working to conduct
outreach for businesses and
food truck owners.
6/20/2023
100 Burns/Resendiz 6/5/2023
Domestic Wastewater Treament
Plant Update including MBR
discussion
Community Services 6/20/2023 Presentation made at 6/20/23 council meeting
101 Burns 2/6/2023
City to take on cost for internet
service for computers installed by
LULAC at Community Center
Information
Technology 6/26/2023 Developing cost estimates for
FY 2023-24 budget
102 Casey 3/20/23 &
6/5/2023
Use discretionary funds for ADA
accessible equipment at Summer
Park
Parks & Recreation N/A
Initial quotes for basic ADA
improvements are
approximately $60,000 which
exceeds the discretionary limit
of $50,000 per member of the
council.
8/3/2023
H.1.a
Packet Pg. 599

2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 103 Morales 8/7/2023
Creation of ad hoc committee
regarding Council Code of
Conduct, including discussion of
possible fines and potential
misdemeanor prosecution
City Attorney 8/21/2023 Agendized for 8/21/23 8/21/2023 104 Burns 6/20/2023 Use discretionary funds for tree
lights on East Street Public Works 8/31/2023
On 8/7/23 Council agenda for
consideration. If approved,
lights should be installed by
8/31/2023
105 Morales, Perez 4/17/2023 Campaign finance City Attorney 8/21/2023 City attorney drafting report for future council meeting
106 Burns 3/20/2023
Consider placing the raising the
Transient Occupancy Tax on the
ballot for the next general election
City Clerk 8/21/2023
Council directed staff to
return with a ballot
amendment for the November
2024 ballot and work with BBK
on education materials
8/21/2023
107 Casey 3/6/2023 Speed Cushion Policy Engineering 8/21/2023 Staff developing policy.

Council adopted a resolution
pausing large traffic calming
measures until policy is
approved.
8/21/2023
108 Burns 6/5/2023 Policy on remote meeting
participation for Council
City Attorney/City
Clerk 9/5/2023 Item on 9/5/2023 agenda for
consideration.9/5/2023
109 Casey 4/17/2023 Review Council Code of Conduct City Attorney 9/18/2023 Ad Hoc provided brief report
out. Will return with an
update at a future meeting.
9/18/2023
110 Burns 6/20/2023 Requested a presentation from the
Growing Hearts organization City Manager 10/2/2023 Presentation delivered.10/2/2023 H.1.a
Packet Pg. 600

2022 Completed Agenda Items 11/15/2023
Notes Completed#Council
Member(s)Date Requested Item Description Department Meeting Date 111 Resendiz 9/18/2023
Use $5,000 of his discretionary
funds for the Hollister Downtown
Association to create altars for Dia
de Los Muertos
City Manager 10/2/2023 Approved at Council 10/2/2023
112 Perez 9/5/2023 Discussion of maintenance for City
trees Public Works 10/16/2023 Tree policy adopted at
10/16/23 meeting 10/16/2023
113 Morales 9/5/2023 Update on the status of various
Council ad hoc committees City Clerk 10/16/2023 Provided at 10/16/23 10/16/2023 114 Morales 8/21/2023
Proclamations to recognize IUPA
16 and Local 12 and their
volunteer efforts in the community
City Clerk 10/16/2023 Presented at 10/16/23
meeting 10/16/2023
115 Burns 10/3/2022 Special Meeting to Discuss the
Library City Manager 10/31/2023 Library received grant for reconstruction.10/31/2023
116 Resendiz 9/5/2023
Create an ad hoc committee to
discuss a future performing arts
center
Parks & Recreation 11/7/2023
Arts Center component added
to the Community Center
workgroup.
11/7/2023
117 Morales 1/17/2023
Procurement Policy to express
City's preference for a skilled and
trained workforce instead of just
the lowest responsive bidder, such
as preference for local hires and
working with veterans
Administrative
Services 11/6/2023 Ordinance introduced at
11/6/23 Council meeting 11/6/2023
118 Morales 3/21/2022 Outdoor Night Market Development
Services (Planning)11/7/2023
Events on private property
require a major temporary use
permit. Applications need to
be submitted 45 days before
event.
11/7/2023
H.1.a
Packet Pg. 601

2022 Update Requests from Council
(non-agenda items)
11/15/2023
1 Morales 1/22/2022
Development Services to create a
checklist of steps for new businesses to
get started to help streamline the process
Development Services Project will be assigned to Economic Development Manager once hired.12/31/2023
2 Velazquez 5/2/2022 Discussion on dark sky Ordinance to prevent light pollution at night. Development Services Included in Zoning and Municipal Code Update project.TBD 3 Burns 5/16/2022
Hire full time employees for building
Department Building Official and Building
Inspector
Administrative Services
(HR)
Building Official begins on 11/6/23. Building Inspector position is currently open and posted.12/31/2023
4 Burns 9/6/2022 Shade structure at Valley View Park Parks & Recreation Structures are ordered and delivered. Plans under building dept review.11/30/2023
5 Resendiz 9/6/2022 Develop toddler activity area at Dunne Park Parks & Recreation Recreation researching costs to add feature to Dunne Park. Will include in CIP Plan for council discussion.11/30/2023 6 Burns 4/3/2023 Comprehensive training report City Manager Target Solutions roll out underway. Report being developed using Target Solutions.11/30/2023
7 Burns 8/7/2023 Report on how CFD funds are being spent Public Works/Finance Staff preparing report 11/30/2023 8 Burns 8/7/2023
Update on how funds related to
maintenance of Sunnyslope soundwalls
are being spent
Parks and Rec, Admin
Services Staff preparing report 11/30/2023
9 Burns 8/7/2023 Cleaning and regular maintenance of
Downtown sidewalks Public Works Staffing requests will be discussed at 2023-24 Q1 Budget Update 11/20/2023
10 Burns 8/22/2023
Staff to provide information regarding
waiver of the specific plan amendment
fee as requested by Bright Future
Recovery
Development Services Fee waiver will be discussed at 11/20/23 meeting.11/20/2023 11 Morales 10/2/2023 Status report on vacant City Positions Administrative Services (HR)To be included with Council Project List 11/30/2023 #Completed DateCouncil Member Meeting Date Update Requested Department Status Estimated Date of Completion
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log H.1.a
Packet Pg. 602

2022 Update Requests from Council
(non-agenda items)
11/15/2023
#Completed DateCouncil Member Meeting Date Update Requested Department Status Estimated Date of Completion
12 Council 10/16/2023 Legal Analysis Re: Taking a position on the landfill expansion City Attorney Staff working with Integrated Waste and City Attorney's Office 12/18/2023
\\coh-homesvr\CityClerkPublic\Geri\My Documents\City Council Request Form\NEW - Agenda Item and Update Request log H.1.a
Packet Pg. 603

2022 Completed Update Requests 11/15/2023
#
1 Burns 1/8/2022 Set a hard stop date for map submission City Clerk 1/8/2022 2 Perez 1/8/2022
Requested the number of hits to the redistricting
website and emails received re: submitting maps
be emailed to council prior to the next meeting
Information Systems
& Technology 1/8/2022
3 Velazquez 1/18/2022
Request any communications sent to Council
Members re: redistricting be sent to the City
Clerk and shared with all of Council
City Clerk 2/7/2022
4 Burns 1/18/2022 Report on the Bird Scooter pilot program-- revenue, issues, etc.City Manager 3/21/2022
5 Burns 1/18/2022 Update on the process of adding roofs to the parklets downtown City Manager 1/28/2022
6 Burns 1/18/2022 Update on the Executive recruitment process for various positions City Manager 1/22/2022
7 Burns 1/18/2022 Update on the American Rescue Plan (ARPA), plans for recognition or payment to staff City Manager 1/22/2022 8 Morales 1/18/2022
Council to submit information to be distributed
to the Community by Social Media or any other
ways from their committees
City Clerk 4/18/2022
9 Morales 1/18/2022
Update on all of the grants she mentioned the
City could apply for in December-Received an
email from CM on 4/12/2022 with an attached
excel sheet.

City Manager 4/12/2022
10 Perez 1/18/2022 Update on the Central Ave traffic calming project if it is complete DS-Engineering 3/16/2022
11 Morales 1/18/2022 Report on other City Council salaries and benefits City Manager 3/7/2022
Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested H.1.a
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 12 Morales 1/18/2022 Update on the Broadband for the City Information Systems & Technology 4/27/2022
13 Burns 1/22/2022 Analysis on how other cities are spending ARPA funds City Manager 4/4/2022
14 Burns 1/22/2022
Department Heads go through the list of City
staff and put them into categories, such as front
line staff, public safety, office workers, consider
tiers of hazard pay by April 1
City Manager 2/23/2022
15 Burns 1/22/2022
Have Council come up with ways to recognize
other groups of essential workers outside of City
Staff, such as teachers, grocery clerks, gas
station attendants, come up with plan to give
hazard pay or gift cards, by April 1
City Manager 4/4/2022
16 Burns 2/7/2022 Update on Executive position recruitment City Manager 3/15/2022 17 Morales 2/7/2022 Spreadsheet of all actions items requested by Council City Clerk 3/21/2022
18 Morales 2/7/2022 Update on 150th Celebration City Manager 3/21/2022 19 Morales 2/7/2022 Submit applications for grants due by Feb. 24th Fire 2/22/2022 20 Morales 2/7/2022 List of all projects utilizing Measure G funds, status, amount spent, etc.City Manager 2/23/2022
21 Resendiz 2/22/2022 Find out if other cities have a Veterans preference in hiring for all depts., not just PD
Administrative
Services
Finance/Human
Resources
4/4/2022
22 Burns 2/22/2022
How many HPD officers are veterans? How
many City staff members throughout the city are
veterans?
Administrative
Services
Finance/Human
Resources
4/4/2022
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Packet Pg. 605

2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 23 Burns 2/22/2022
Consider adding to the Assistant City Manager
position job description to be a liaison to
Council.

City Manager 2/22/2022
24 Resendiz 2/22/2022 Consider adding to the Assistant City Manager position job description to work on PRA requests City Manager 2/22/2022 25 Burns 2/22/2022
Evaluate K-rails blocking union road are a
hindrance to Fire and Police response in an
emergency
DS-Engineering 2/25/2022
26 Burns 2/22/2022
Consider an item to purchase 400-500
"grabbers" for picking up trash, and have Council
give these away at park openings so public can
help keep parks clean.

Recreation 3/5/2022
27 Morales 2/22/2022 Update on 2021 goals and accomplishments, and what is our road map for 2022 goals City Manager 2/24/2022 28 Morales 2/22/2022
Requested a report on what percent of our
budget is from grants and what the grants are
for (separate from entitlement grants)
City Manager 2/22/2022
29 Morales 2/22/2022 Update on the 311 application Information Systems & Technology 2/7/2022
30 Council 2/22/2022 Update on the total number of PRA requests the City Clerk's Office receives per year City Clerk 4/4/2022 31 Morales 2/22/2022 Report on all of the IT projects to help with streamlining
Information Systems
& Technology 2/25/2022
32 Morales 3/7/2022 4th of July Fireworks bring back location of event Recreation 3/21/2022 H.1.a
Packet Pg. 606

2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 33 Burns 3/7/2022 Staff look at other cities using Accela and talk with IT, Planning, and Building
Information Systems
& Technology 4/27/2022
34 Burns, Morales,
Perez 4/4/2022 Assistant City Manager update City Manager 4/4/2022 35 Burns, Morales,
Perez 4/4/2022 Update on Deputy City Clerk recruitment-CC is Waiting for HR City Manager HR posted Deputy City Clerk position online 5/2/2022
36 Burns, Morales,
Perez 4/4/2022 Social Media posts-votes of previous night Council Mtgs City Clerk Waiting for additional Deputy City Clerk 3/31/2023
37 Burns, Morales,
Perez 4/4/2022 Naming of park by Fire Station 2: Cesar Chavez Park Parks & Recreation
Received Prop 68 grant for park
construction. Will include the
name in all public outreach efforts
as required by the grant.
3/31/2024
38 Burns, Morales,
Perez 4/18/2022
Provide training at the County's Fentanyl and
Opioid Training in June to have video available
to be able to administer NARCAN
PD
Presentation given on 5/2/2022,
with Narcan training for public
offered on 6/11/2022
5/2/2022
39 Morales 3/7/2022
Assistant City Manager Recruitment be
completed in ideally 3 months, no later than 6
months
City Manager
Approved contract with Peckham
& McKenney for recruitment
services
5/2/2022
40 Perez 3/21/2022 Dog Park Grass - Update. Recreation-Report to be provided at May 2, 2022 Council Meeting.

Community Services
Parks/Streets/Utilitie
s/Fleet
5/2/2022
41 Velazquez 1/22/2022
Move ARPA funds to general fund by March,
earmarking funds for business revitalization,
tourism, "Welcome to Hollister" sign, develop
loan or grant program for businesses to apply for
City Manager 4/25/2022
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Packet Pg. 607

2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 42 Burns 2/22/2022
Report on the City's intentions and ideas on
what to do with Park Hill. Recreation-Report to
be provided at May 2, 2022 Council Meeting
Recreation Recreation gave a presentation on
5/2/2022 5/2/2022
43 Burns 3/21/2022 Promoting the 150th Celebration City Manager Update given by Ad Hoc (Morales) during meeting 5/2/2022
44 Perez
Morales
3/7/2022
4/4/2022
Report on speed cushions, current locations,
future locations and remaining amount,
provided an update on 3/21/2022 Council
requested another update on 4/4/2022
DS-Engineering 4/18/2022
45 Burns, Morales,
Perez 4/18/2022 Update on Youth Art and Cultural Commissioner applications City Clerk Two applicants for appointment
on 5/16/2022 5/16/2022
46 Burns, Morales,
Perez 4/18/2022
Information on City of Hollister plans for Office
Professionals Day and recognition events that
have to do with our staffing.

City Manager
Recognized Office Professionals
Day. Working on other staff
morale ideas
4/27/2022
47 Perez 5/2/2022 Requested a 5 minute timer for all presentations City Clerk Completed 5/16/2022 48 Morales 1/18/2022 Traffic study on San Benito Road near 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
49 Velazquez 1/22/2022 See if other nearby cities want to purchase speed cushions so we may order in bulk
Community Services
Parks/Streets/Utilitie
s/Fleet
Invite was given to CAO & City
Manager of SJB 3/30/2022
50 Velazquez 2/7/2022 Monthly or bi-Monthly meetings with the Fire Committee Fire Fire Committee created 5/26/2022
51 Burns 2/22/2022
Asked if City Attorney can confirm if we can
close/stop public comment, requested his legal
opinion on the matter
City Attorney Requested from Consultant as a
separate memo 5/26/2022
52 Morales 2/22/2022 Update on traffic study for speed cushions on San Benito Street by 7-11 DS-Engineering Study in process-Speed humps not warranted 4/30/2022
H.1.a
Packet Pg. 608

2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 53 Burns, Morales,
Perez 4/18/2022 Dunne Park Community Center update City Manager Recreation Services Manager Garza provided presentation 5/2/2022
54 Burns, Morales,
Perez 4/18/2022 Add to second evaluation of Ord. 1202 for constitutionality City Clerk Requested from Consultant as a separate memo on 4/19.5/25/2022
55 Council 5/2/2022
Divide the APRA $500K for sidewalks between
the 5 council members to allocate for use in
their respective districts.

City Manager 5/2/2022
56 Resendiz 5/2/2022
Requests staff consider putting spikes on top of
the streetlights on Piane Crati Court (in D2) due
to complaints of bird waste on cars
Public Works Purchasing Bird Spikes 5/13/2022
57 Burns, Morales,
Perez 4/4/2022 Outstanding Building Permits over 6 months with status Building Council given monthly 6/30/2022
58 Resendiz 5/2/2022 Update on Dollar General's weed and graffiti abatement Code Enforcement Weeds removed 5/25/2022
59 Burns, Morales,
Perez 4/18/2022 memo clarification on using titles, city issued equipment, and our platform for campaigning City Clerk
Requested from Consultant as a
separate memo on 4/19.

Requested clarification from
consultant on using city logo shirts
and posting videos
5/20/2022
60 Morales 3/7/2022 Process for requesting speed cushions be placed on website for the public to access DS-Engineering
Council wanted to keep it simple
so the process is that a request is
made to a council member who
relays it to the City Manager who
relays it to Engineering for study.

A more detailed process was
brought to Council, but rejected.
6/6/2022
H.1.a
Packet Pg. 609

2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 61 Morales 2/7/2022
Revisit Council Committee assignments, updates
on committees that do not meet, and create
committee assignments for Finance and Public
Works
City Clerk
Staff requested clarification on
which committees updates are
being requested from.

Department Liaisons for Finance is
Council Member Resendiz and
Community Services Liaison is
Mayor Velazquez.
6/21/2022
62 Perez 2/22/2022 Consider changes to City's Parking Ordinance, regarding parking across from the Library.Police Department PD working on removing parking
restrictions on 5th St. On
6/6/2022 Agenda
6/6/2022
63 Morales 2/22/2022 Discussion on Planning Department projects that are delayed and what the problems are DS-Planning Spreadsheet provided to Council on 6/24/2022 6/24/2022
64 Burns, Morales,
Perez 4/4/2022 Safe Zones Police Dept PD working on testing site before press release.6/21/2022
65 Perez 5/2/2022 Consider making a temporary loading zone area in front of Gunnagle Funeral Home for Hearses
Planning,
Engineering?
A work order has been issued to
Public Works to create a loading
zone out of two of the parking
spaces in front of the funeral
home.
7/22/2022
66 Resendiz 5/16/2022 May we look to see what may be done about accidents at Alvarado & Santa Ana.PD Staff provided status on 7/21/2022 7/21/2022
67 Burns 1/18/2022 Look into Central Coast 3CE Grant City Manager Staff is working with 3CE staff and the new grant writer 7/25/2022
68 Morales 1/18/2022
Discuss changing the time of Council meetings so
they are earlier, so they do not go late into the
night
City Clerk/ City
Attorney
Will request as part of HMC 2.04
changes. Requested start time is
9:00 am. Was not changed as part
of the revisions.
5/16/2022
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Packet Pg. 610

2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 69 Morales 1/18/2022 Proposal for electric vehicles, to utilize grants for electric vehicles
Community Services
Parks/Streets/Utilitie
s/Fleet
Staff given direction to look at
available electric vehicles. Have
not found any. Staff will need to
put a refundable deposit down
and order them.
7/22/2022
70 Morales 2/7/2022
Finance to provide more details on the budget
totals, percent paid vs. actual with the warrant
registers for approval
Administrative
Services
Finance/Human
Resources
Will begin 8/1/2022. Item is part
of the warrant registers.8/1/2022
71 Burns, Morales,
Perez 4/4/2022 Renaming of Union Road and new park by FS2 to Cesar Chavez Way and Cesar Chavez Park City Manager Engineering is in process. Will be on 8/1 Council agenda.8/1/2022
72 Morales 1/22/2022 Analysis on the speeding complaints in the City by neighborhood Police Department
PD confirmed that they do not
track complaints at the
neighborhood level.
9/1/2022
73 Morales 1/22/2022 Add Community Development position to help businesses get started go through the processes City Manager Will be done by Asst. City Manager 9/1/2022
74 Burns, Morales,
Perez 4/4/2022 Intelligence on PD Issues and Trends in the community Police Dept Annual report with statistics is
posted on PD website.9/1/2022
75 Burns, Morales,
Perez 4/4/2022 Cameras up at all access and have PD work with IT work on and add a privacy aspect PD & IT Policy determined to be adequate by City Attorney 9/1/2022
76 Morales 5/2/2022
List of resources for the community with links on
the City's webpage, such as local non profits,
food assistance, housing assistance, etc. Link to
see what district residents live in.

City Manager
Resources added to existing site
and will be included on new city
website.
9/7/2022
77 Morales, Burns 5/2/2022
Add the Council updates and request
spreadsheets to the City's webpage for public
transparency
City Manager
Reports add under "Transparency"
tab on existing site. Reports will
be included on new city website.
9/30/2022
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 78 Resendiz 9/6/2022 Ensure that Mexican music is played during Summer Concert Series Recreation Mariachi groups will play on September 16th. 9/16/2022
79 Council 5/2/2022
Install sod grass at Jerry Gabe dog park, one side
at a time, to keep one side open at all times
while laying sod on the other side. Block off side
of park with fence to keep dogs/people out
Community Services
/ Parks & Recreation
Staff has tried to fence off areas of
the dog park in the past. This did
not contain the small dogs nor
stopped visitors from entering the
other sides
9/14/2022
80 Resendiz 9/6/2022
Inquiries from Hollister School District for
Planning: Rosati project, parking lot and
walkway, CFDs, increasing development fees,
and shared facility use agreements
Development
Services (Planning)
Staff has not received any inquires
from HSD. Staff has had
discussions with HSD recently
regarding approved housing
developments.
9/14/2022
81 Morales 5/2/2022
Study session on Code Enforcement problem
solving, communications training, dispute
resolution
Police (Code
Enforcement)
PD has met with Councilmember
Morales and addressed her
concerns.
8/31/2022
82 Morales 2/22/2022 Receipts of budget vs actuals Administrative Services
Reports will start with new
budget. Included with standing
warrant agenda item.
8/1/2022
83 Resendiz 5/2/2022
Have staff to remove the fenced area at Klauer
park so it is not used as a dog park, and come up
with an alternative solution for the area
Parks & Recreation /
Community Services
Received quote from contractor to
remove fence. Scheduled to be
removed by 9/23/22
9/26/2022
84 Perez 9/6/2022 Provide speed hump installation schedule Community Services Dept provided schedule to City Manager's Office for review 9/20/2022
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 85 Perez 9/6/2022 Parks ADA Schedule Parks & Recreation Staff is working to prepare
schedule. Will be provided at
Parks and Recreation Commission
meeting and to council.
9/27/2022
86 Morales 9/6/2022 Provide update on status of salary study Administrative Services
Update will be provided on 9/19
council meeting 9/19/2022
87 Morales 9/6/2022 PIO Plan City Manager Assistant City Manager developing plan.9/8/2022
88 Resendiz 9/6/2022 200 Zinc Plates available for donation.Parks & Recreation Referred to Art & Cultural Commission 10/5/2022
89 Morales 9/6/2022 Business Loan Program update City Manager Update program to make more
businesses are eligible to receive
loan.
10/3/2022
90 Resendiz 9/6/2022 Need speed cushions at intersection of Alvarado and Santa Ana
Community Services
/ Development
Services
(Engineering)
Will be installed the week of
September 26th.9/30/2022
91 Morales 2/7/2022
Grant chart, showing what grants are available,
which are applied for, status, etc. Will provide a
template
City Manager
On 6/6/2022 Agenda to request
grant writer. Grant writer
approved.
9/30/2022
92 Resendiz, Burns 5/2/2022
Earmark funds from ARPA to help businesses
transition to going green (after other ARPA
funding priorities are met)
City Manager
City will assist businesses as
requested. City Manager will
provide update at 10/3 Council
meeting.
10/3/2022
93 Morales 5/2/2022 An Ordinance to ensure that business are not fined for stolen shopping carts
Police (Code
Enforcement) / City
Attorney
Second reading of ordinance will
be brought to Council on 10/3/22.10/3/2022
94 Burns 9/6/2022 Organizational Charts for City and Departments (include vacant positions)City Manager
Departments submitting org
charts to City Managers Office for
review.
10/17/2022
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 95 Burns 9/6/2022 Update on downtown sign
City Manager /
Development
Services
(Engineering)
Engineering is currently reviewing
plans for sign. Structural review
will be completed on 9/16/22.
9/30/2022
96 Perez 1/18/2022 Update on the tree program Community Services Dept has received a list of all trees
trimmed or removed in Fiscal Year
2021-22. Report under review and
will be distributed to council.
10/5/2022
97 Burns/Velazquez 9/19/2022 Crosswalk on Ladd Lane City Manager Staff installed temporary
crosswalk markings while
contractor works to permanently
correct Ladd Lane.
10/3/2022
98 Burns 10/3/2022 Prune Street Pavement Community Services Prune St construction is scheduled
for August 2023. Potholes on
Prune St are scheduled to be
refilled by 10/31/22.
10/10/2022
99 Morales 10/3/2022 San Benito and Hawkins Street Traffic Study Engineering Study on intersection was
completed in 2022. All ways stops
were not warranted.
10/3/2022
100 Burns/Velazquez 9/6/2022
Confirm that judgement is due to city from Irma
Gonzalez and Elia Salinas and begin collection
process if applicable.

City Attorney
City's Risk Management firm has
confirmed that they are beginning
the collection process. Confirmed
that there are no other
outstanding legal judgements.
10/14/2022
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 101 Resendiz 10/17/2022
Forward email from Gavilan College
President/Superintendent to the local press and
to City Clerk for submission into the official
record
City Manager Email was forwarded as requested 10/18/2022 102 Resendiz 5/2/2022 Update on whether the City can be more restrictive regarding use of plastic bags
Community Services
/ City Attorney
City cannot pass a more restrictive
ordinance than the state.10/20/2022
103 Resendiz, Perez 10/17/2022 Provide letter from Gavilan College on Presentation done by Sunnyslope Water District
City Manager/City
Clerk Letter was provided as requested 10/18/2022
104 Perez 11/7/2022 Financials for 150th Celebration City Manager Follow up meeting held with
Councilmember Perez and City
Manager.
11/14/2022
105 Perez/Morales 9/6/2022 Provide streets/sidewalks/alleys schedule Community Services City Manager's office is sending
out project schedules as
confirmed. Schedules will be
posted on social media as well.
11/21/2022
106 Morales 9/6/2022 Timeline for Council Projects City Manager Assistant City Manager working
with Department Heads to
develop timelines for projects.
11/30/2022
107 Morales 11/7/2022
Follow up with Planning Department regarding
customer service concerns brought up at San
Benito Chamber of Commerce Business
Advocacy Committee
City Manager Confirming follow up meeting.

Will provide an update to Council.11/30/2022
108 Burns 11/21/2022 Status Update on General Plan Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 109 Resendiz 9/6/2022 General Plan Action Committee (GPAC) Update Development Services (Planning)
Timeline emailed to Council on
11/30/2022 11/30/2022
110 Burns 11/21/2022
Status on hiring an Development Services
Director, Airport Manager, Chief Building
Official, and Building Inspector
City Manager
Recruitment update provided to
Council. Interviews for
Administrative Services Director
will take place on the week of
December 5th. City Engineer
interviews scheduled for week of
December 12th.
11/30/2022
111 Perez 11/7/2022 Cienega Road Survey Engineering Draft report received 11/18. Final report expected on 12/15/22 12/12/2022
112 Burns 12/5/2022 Financials for the 150th Year Celebration City Manager City Manager developing final
financial report to send to City
Council.
12/19/2022
113 Burns 12/5/2022 Status Report on Shot Spotter Program Update Police PD working with vendor to provide a presentation to Council.1/17/2023
114 Burns 11/21/2022 Next Steps to Implement Term Limits City Clerk Clerk will provide a memo to City Council 1/30/2023
115 Burns 2/22/2022 Requested additional cameras be installed in the Sunnyslope area due to stolen car items Police
Equipment has been delivered.

Staff is waiting for the weather to
clear prior to install them.
1/31/2023
116 Burns 11/21/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2023 H.1.a
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 117 Burns 12/5/2022 Status on Gateway Monument Sign City Manager Installation is underway.2/10/2022 118 Morales 2/6/2023 Copies of City's contracts with 4LEAF City Manager Contracts sent to Council.2/9/2023 119 Morales 2/6/2023 Status of money raised by the Community Foundation to assist flood-impacted residents City Manager Update provided to Council 2/15/2023 120 Burns 2/21/2023 Options for fencing the Downtown area for the motorcycle rally and charging an entrance fee Police Update will be provided at 3/6/2023 City Council meeting 3/6/2023
121 Burns 3/6/2023 Update on Police Communications Center Police Update sent to Council 3/15/2023 122 Burns 3/6/2023 Update on parklet request for 300 block of Monterey
Development
Services
Application incomplete, business
owner and neighbor 3/12/2023
123 Morales 3/6/2023 HPD to follow up on incident reported by Mr.

Rojas Police Police report taken 3/12/2023
124 Burns 3/6/2023 Status of the downtown monument sign Development Services
Update provided to council on
3/16/23 3/16/2023
125 Resendiz 9/6/2022 Need speed cushions near Calaveras School on Central Avenue
Community Services
/ Development
Services
(Engineering)
Post speed study completed.

Councilmember can request to
add speed hump using their
district allocation
2/20/2023
126 Velazquez 2/7/2022 Update from Beautification ad hoc committee in March Ad Hoc Committee Waiting on Ad Hoc Committee to
meet TBD
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 127 Burns 12/5/2022 Update on Cameras at the skate park Police Camera purchase request being
considered at 3/20/2023 council
meeting
3/20/2023
128 Burns 11/21/2022 Lighting on side streets Community Services Need to issue an RFP as estimate
is $150k. RFP boilerplate is
currently under review with City
Attorney. RFP released on March
15, 2023.
6/30/2023
129 Casey 4/3/2023 Post city vacancies on website Human Resources All active recruitments are
currently published on the City’s
website and other websites,
including GovernmentJobs.com,
as well as industry-specific bulletin
boards based on Department
needs.

Updated on a
rolling basis
130 Burns 4/3/2023 Certificate of Recognition for former Parks & Recreation Commissioner Alliyah Gomez City Clerk To be signed by Mayor on 4/17/23 and provided to Alliyah Gomez 5/15/2023
131 Morales 4/3/2023 Certificate of Recognition for Sarah Nordwick with the SBC Food Bank City Clerk To be signed by Mayor on 4/17/23 and provided to Sarah Nordwick 5/1/2023
132 Burns 4/17/2023 Use of Council discretionary funds to repair sidewalks Community Services List provided to Council 4/23/2023 133 Casey 3/20/2023
Update on participation in the San Benito
County Economic Development Committee by
the City
City Manager City Manager to attend 3/30
committee meeting 3/30/2023
134 Burns 2/21/2023 Update on the Senior Council and if City has contributed for past two years Parks and Recreation FY 2021-22 and 2022-23 Invoices were requested for payment 3/31/2023
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 135 Perez 2/6/2023 Update on condor statue to be installed at Graf and 4th Street Community Services Condor statue is at contractor's yard and is 90% complete.3/31/2023
136 Burns, Velazquez 5/2/2022 Staff research drought resistant ideas for Jerry Gabe Dog Park and all future dog parks
Parks & Recreation
(Tina)
Staff met with landscapers to
assess sprinklers. Staff is
contacting other cities to learn
what materials they are using.

Landscapers will be seeding the
park on October.
4/25/2023
137 Resendiz 3/20/2023 Work with San Benito County to coordinate on any Pride Month events Parks & Recreation City manager to discuss with County CAO 4/26/2023
138 Morales 3/20/2023 Join committee to support bringing First Five community center Parks & Recreation Referred to Parks Department 4/23/2023 139 Burns 2/22/2022
Requested discussion with the Parks Manager
about ideas for Skate Park, and City investing in
park cleanup.

Community Services
/ Parks & Recreation
The graffiti truck is operational
and Community Services is
responsible for abatement. We
are adding a maintenance position
to deal with graffiti on a regular
basis and will develop regular
routes to deal with graffiti before
it is reported.
3/31/2023
140 Resendiz 1/18/2022
Discuss creating a Homelessness committee with
representatives from different entities to tackle
homeless problem, to discuss this on a future
agenda
City Attorney
JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 141 Resendiz 5/2/2022 Update on the Homelessness JPA City Attorney JPA summary prepared by City
Attorney and sent to
Council.Homeless JPA being
discussed at Intergovernmental
Committee.
4/12/2023
142 Velazquez 2/7/2022 Update on alleys
Development
Services
(Engineering)
On 6/6/2022 Agenda. Alley survey
is underway - working on schedule
with surveyor. Topo survey work
began in late July of 2022. Topo
Surveys were completed in
September.
9/30/2022
143 Resendiz 3/6/2023 Update on Inclusionary Housing Ordinance Development Services
Planning Commission reviewed
ordinance on 2/23/23. Council
continued item until additonal
public outreach completed
(5/1/23)
5/1/2023
144 Morales 4/17/2023 Weeds at San Benito Street and Promise Community Services Crew dispatched to address concern 5/3/2023
145 Burns 3/20/2023
Update on previous concerns by members of the
public regarding parklets that would harm their
business
Development
Services
Parklet not approved due to safety
concerns 5/4/2023
146 Resendiz 2/21/2023 Training for peace officers and dispatchers as required by AB2504 City Attorney/Police
Training is scheduled and all staff
should complete by August of
2023.
5/8/2023
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 147 Burns 1/17/2023
Suggested potential changes to the process
regarding City Council's review of initiating a
general plan amendment to potentially lower
the threshold for the required Council vote to
approve the initiation.

City Attorney Memo sent to Council 5/8/2023
148 Burns 3/6/2023
3/20/2023
Update on hiring of maintenance worker to
repaint sound walls citywide Community Services
Interviews held on 5/8. Offers will
be made by 5/12. Paint truck is
currently operational.
5/31/2023
149 Burns 9/6/2022
Union Rd signs need to be replaced with Avenida
Cesar Chavez signs at Fairview and Hwy 25
intersections
Community Services Sign installed on 6/1/2023 6/1/2023
150 Burns 3/6/2023 Update on Hillcrest east of Memorial to El Toro Engineering Project complete. Acceptance of
project will be presented to City
Council on 6/5/23.
6/5/2023
151 Resendiz 4/3/2023
Transcribe LGBTQ+ Manual for Public Officials
and provide to employees and other
jurisdictions.

City Manager
Transcription completed and
manual being reviewed by
Esperanza Center team.
6/5/2023
152 Burns 3/20/2023 Update on collection of fees from litigation City has won
Administrative
Services
Staff are gathering information
and will report back to Council at a
future date
6/5/2023
153 Council 5/2/2022 Upgrade or replace the lights downtown and the first block of the side streets with APRA funds Community Services RFP is closed. Contract will be
brought to the 6/5 Council
meeting for approval.
6/13/2023
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 154 Burns, Morales 4/3/2023 Employee Recognition Program Human Resources Staff looking at options to bring back pre-COVID events 7/17/2023
155 Morales 3/20/2023 Update on the status of City's involvement in regional efforts regarding broadband installation City Manager Staff working on developing a
report for council. Staff is
currently amending its LATA grant
application in an effort to secure
$500k for broadband design work.
8/7/2023
156 Velazquez 2/7/2022 Update on lighting on 6th street and solar lights Engineering Supplies have been received by
contractor. Material delays have
slowed project. Installation will
begin in May of 2023
6/30/2023
157 Burns 2/6/2023
Mountain lion shooting incident from 2022 -
Requested independent investigation of the
incident and the body camera footage to be
released and presented at regular city council
meeting
City Attorney/Police Referred to City Attorney 8/1/2023 158 Perez 4/3/2023 Information on chemical pesticide use by the City and policy on use of chemical pesticides Community Services Memo sent to Council 8/30/2023 H.1.a
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 159 Burns, Perez 8/7/2023
Certificates of recognition for longstanding
Hollister businesses: San Benito Tire, A&W Root
Beer, Foster Freeze, McKinnon Lumber and
Country Rose
City Clerk Certificate created and sent to
honoree 9/5/2023
160 Burns 8/21/2023
Certificates of recognition for longstanding
Hollister businesses: G&M Auto Repair, Hollister
Paints, and the Cannery
City Clerk Certificate created and sent to
honoree 9/5/2023
161 Burns 9/5/2023
Certificates of recognition for longstanding
Hollister businesses: Dr. Mohammad al-Hassan,
Premier Cinema, and Round Table Pizza
City Clerk Certificate created and sent to
honoree 9/6/2023
162
Burns 9/18/2023
Certificates of recognition for longstanding
Hollister businesses: Ace Hardware, Super
Taqueria, and Greenwood Chevrolet.

City Clerk Certificate created and sent to
honoree 9/30/2023
163 Burns 8/7/2023 Certification of Recogntion for former Planning Commissioner David Huboi City Clerk Certificate created and sent to honoree 9/18/2023
164 Casey 8/21/2023
Investigation and a legal opinion regarding
reports of Councilmember Resendiz's inclusion
on a federal watch list and the potential inability
for Councilmember Resendiz to be able to vote
on contracts regarding federal funding
City Attorney Memo Sent to Council 8/31/2023
165 Burns 9/18/2023 Weed abatement for property behind Goodwill store Fire
Disced in April 2023 by owner and
two notices sent for weed
abatement. Referred to Code
Enforcement
9/24/2023
166 Burns 9/5/2023 Replacement of dilleneators on San Benito Street near entrance of downtown Public Works Completed 9/25/2023 H.1.a
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 167 Resendiz 6/20/2023
Requested information regarding what other
cities are providing for translation services for
public comments and public documents
City Clerk Staff soliciting quotes for meeting
translation services 10/2/2023
168 Burns/Perez 10/2/2023
Certificates of recognition for longstanding
Hollister businesses: Bulldog Boxing, Spudnuts,
Colonial Cleaners, Postal Graphics, and Ken
Lindsay
City Clerk Certificate created and sent to
honoree 10/3/2023
169 Resendiz 6/20/2023 Update on work done on Fremont Way Public Works Memo sent to Council 10/1/2023 170 Burns 6/20/2023 Requested staff study the regulations for A- frames signs
Development
Services
Council will be provided a memo
on the topic 10/10/2023
171 Morales 8/7/2023 Information on creating a formal internship program Human Resources Staff is preparing memo for
council 10/10/2023
172 Burns 10/16/2023
Certificates of recognition for Hollister Collision
Center, Hollister Quality Water, and the Hazel's
Treasures
City Clerk Certificates distributed.10/23/2023
173 Resendiz 9/18/2023 Meeting of Downtown Business Ad Hoc Committee City Manager
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
174 Perez 8/7/2023 Update on tree replacement program Public Works Staff is preparing a policy to bring to City Council on 10/16/2023.10/16/2023
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2022 Completed Update Requests 11/15/2023
#Meeting DateCouncil Member Completed DateStatusDepartmentUpdate Requested 175 Morales 8/7/2023 Information on parklets and requested meeting with business community
Development
Services
Meeting regarding downtown
businesses being held on
10/17/2023 at Vets Hall at 6pm in
partnership with HDA.
10/17/2023
176 Burns 6/5/2023 Hollister Sign Update City Manager Staff preparing update on sign, lights, and bollards 11/15/2023
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