implementation of Travel Demand Management (TDM) measures that promote multi-modal travel and reduce the use of single-occupant automobile travel for the purpose of meeting VMT reduction goals may be required.
Traffic Operations Analysis
The purpose of the traffic operations analysis is to evaluate the effects of the site development on key intersections in the vicinity of the project area. Preliminarily, we have identified the need to study up to eight intersections as part of the study. The final list of study intersections will be identified in consultation with City staff. The study will include an evaluation of intersection levels of service analysis and traffic signal warrant checks at the identified study intersections. Each of the identified study intersections will be evaluated for adverse effects during the AM and PM peak commute hours.
Our scope and budget includes the evaluation of one development scenario. Conducting analysis for and evaluating alternative project descriptions or phases will require additional time and budget.
Study Scenarios
The proposed study scenarios are summarized below.
Existing Conditions: Existing traffic volumes on the existing roadway network. Existing Plus Project Conditions: Existing traffic volumes + proposed project trips on the existing roadway network.
Background Conditions: Existing traffic volumes + trips from approved development projects. Background Plus Project Conditions: Existing traffic volumes + trips from approved development projects + proposed project trips.
Cumulative Conditions: Future traffic projections with and without proposed project trips on the planned roadway network.
Study Intersections
Traffic conditions at the following intersections will be evaluated:
1. SR 25 and San Felipe Road
2. SR 25 and Santa Ana Road
3. SR 25 and Merdian Street
4. SR 25 and Hillcrest Road
5. SR 25 and East Park Street
6. SR 25 and Sunnyslope Road
7. Meridian Street and Vintage Way (unsignalized)
8. Meridian Street and Recht Street (unsignalized)
Additional locations will require authorization and additional budget.
Study Tasks
The tasks to be included for the traffic operations analysis are as follows:
1. Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441 A.8.a
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configurations, traffic control devices, intersection traffic signal cycle lengths, and surrounding land uses.
2. Data Collection. Existing weekday AM and PM peak-hour traffic volumes at the existing study intersections will be obtained from new peak hour counts at each of the intersections.
3. Evaluation of Existing Conditions. The existing traffic conditions at the study intersections will be evaluated with SYNCHRO software using the 2010 Highway Capacity Manual (HCM) level of service methodology and current peak-hour volumes. Unsignalized intersections also will be analyzed using peak hour traffic signal warrants.
4. Site Traffic Projections. Based on the proposed development size and land use, site- generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE’s Trip Generation. The directional distribution of site- generated traffic will be developed based on existing traffic patterns in the area, the available roadway network, and the locations of complementary land uses. The site-generated traffic will be added to the roadway network based on this trip distribution pattern. The preliminary trip generation estimates, trip distribution pattern, and trip assignment will be submitted to the City for review and approval prior to inclusion in the traffic study.
5. Evaluation of Existing Plus Project Conditions. Project-generated traffic will be added to existing traffic volumes to yield existing plus project traffic volumes. Intersection level of service calculations will be conducted using SYNCHRO to estimate the operating levels of service at the study intersections during the AM and PM peak hours under existing plus project conditions.
6. Evaluation of Background Conditions. Lists of approved development projects (including size, use, and location) will be obtained from San Benito County and City of Hollister. Hexagon will develop trip generation estimates and trip distribution patterns for approved projects in the vicinity of the study area. The approved trips will be added to the existing peak-hour volumes to obtain traffic volumes for background conditions. Roadway improvements associated with approved developments will be assumed as directed by City staff. Intersection levels of service under background conditions will be evaluated using SYNCHRO.
7. Evaluation of Background Plus Project Conditions. Project trips will be added to background traffic volumes to yield traffic volumes under background plus project conditions.
Intersection levels of service under background plus project conditions will be evaluated using SYNCHRO. Background plus project conditions will be compared to background conditions for the purpose of identifying potential project impacts.
8. Evaluation of Cumulative Conditions. Lists of pending developments will be obtained from San Benito County and the City of Hollister. Hexagon will develop trip generation estimates and trip distribution patterns for the pending projects in the vicinity of the study area. Trips from the pending developments will be added to the background peak-hour volumes to estimate traffic volumes for cumulative no-project conditions. Roadway improvements associated with cumulative developments will be assumed as directed by City staff. Site-generated traffic estimated in Task 4 will be added to cumulative no-project traffic volumes to yield traffic conditions under cumulative plus project conditions. Intersection level of service calculations will be conducted to estimate the operating levels during the AM and PM peak hours under cumulative no-project and cumulative with project conditions. Cumulative project impacts will DocuSign Envelope ID: 7C966688-9151-4F94-A12E-C490231D5441 A.8.a
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be evaluated relative to cumulative no-project conditions. Intersection levels of service under cumulative conditions will be evaluated using SYNCHRO .
9. Signal and Stop Sign Warrant Analysis. The need for signalization or implementation of roundabouts or stop signs at the unsignalized study intersection will be evaluated on the basis of the Peak-Hour Warrant (Warrant 3 – Part B) and guidance for the implementation of stop signs in the California Manual on Uniform Traffic Control Devices. The warrants will be evaluated using peak-hour volumes for all study scenarios.
10. Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project’s effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the traffic report.
11. Site Access and Circulation Analysis. Site access will be evaluated based on locations of the proposed project site entrances. This will include a qualitative analysis of the access to the project parcel, evaluation of the number and location of the access points and required control devices at the access points. Vehicle queuing and vehicle storage capacity at proposed entrances to the project site also will be evaluated. A review of the project site circulation concept will be performed to determine if adequate on-site circulation is provided and to identify any access or circulation issues that should be resolved. Necessary improvements will be identified. We will work with City staff to identify the appropriate roadway design standards that should be used for evaluating the adequacy of the on-site roadway network. In addition, a planning level review of the existing and planned roadway system will be conducted to ensure that adequate connectivity from the project parcel to the roadway system is provided. Off-site roadway improvements necessary to provide adequate access to/from the project site will be identified.
12. Description of Impacts and Recommendations. Based on the results of the level of service calculations and signal warrant analyses, impacts of the site-generated traffic will be identified and described. Recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant project impacts. Improvements could include street widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic signals. Additionally, mitigation and/or traffic impact fees associated with any individual and/or cumulative project impacts will be described.
Reports
Hexagon’s findings and recommendations will be summarized in an administrative draft report.
Following review and comment (on the administrative draft) by project staff, a draft report will be submitted for review by City staff. Hexagon will prepare a final report that addresses all of the comments received from City staff. This final report will be included in the environmental document.
Following public review and comment, Hexagon will assist with responding to public comments, with a maximum of four hours of staff time allocated to respond to public comments.
Meetings
Our cost estimate includes Hexagon staff attendance at up to one meeting with City staff and/or or the project team in connection with the project. Attendance at additional meetings, public hearings, and neighborhood or community meetings would require authorization and additional budget and would be billed as Additional Services.
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ADDITIONAL SERVICES
Any work not specifically referenced in the above Scope of Services—for example analyzing a different project description, conducting more than the eight identified peak hour intersection counts, analyzing additional development scenarios, conducting other technical analyses not described above, attending public hearings, and providing feasibility drawings or cost estimates for mitigation measures—shall be considered additional services. Additional services will require additional budget and time.
TIME OF PERFORMANCE
Barring any unforeseen delays, an administrative draft report will be submitted six weeks after: (1) authorization to proceed and (2) Hexagon’s work scope is approved by the City. The draft and final reports will be delivered one week after receipt of all respective review comments. We are ready to start work on this project immediately upon authorization.
COST OF SERVICES
The cost for services rendered under this agreement will be a lump sum amount of $38,250 which includes completion of both the VMT Evaluation and Traffic Operations scope tasks, as outlined in our Scope of Services. A breakdown of task costs is provided in the table below.
Billings will be conducted monthly, on a percent complete basis. Additional Services shall be provided upon authorization and, if requested, will be billed separately. This price quote is good for 30 days. This price quote assumes all project-related activities will be completed within one year.
An extended project schedule may require additional budget for project administration. We can provide you with a copy of our standard contract upon request.
We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Robert Del Rio, T.E.
Vice President and Principal Associate
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Task Cost Breakdown 10/19/23
Meridian Village Residential
Staff Hours
Principal Associate Admin Total Staff
Robert
Del Rio
Luis
Descanzo
Hours Staff Hours
Direct Total
$285 $195 $120 Hours Cost /a/ Cost
Task Description
VMT Evaluation
1 Evaluation of Vehicle Miles Traveled (VMT) 6.0 8.0 14.0 $3,270 2 Description of Impacts and Recommendations 2.0 4.0 6.0 $1,350 Traffic Operations Analysis
1 Site Reconnaissance 0.0 4.0 4.0 $780
2 Data Collection 0.0 2.0 2.0 $3,600 $3,990
3 Evaluation of Existing Conditions 0.0 8.0 8.0 $1,560 4 Site Traffic Projections 1.0 2.0 3.0 $675
5 Evaluation of Existing Plus Project Conditions 0.0 8.0 8.0 $1,560 6 Evaluation of Background Conditions 2.0 8.0 10.0 $2,130 7 Evaluation of Background Plus Project Conditions 0.0 8.0 8.0 $1,560 8 Evaluation of Cumulative Conditions 2.0 8.0 10.0 $2,130 9 Signal Warrant Analysis 0.0 4.0 4.0 $780
10 Bicycle, Pedestrian, and Transit Facilities 1.0 4.0 5.0 $1,065 11 Site Access and Circulation Analysis 4.0 4.0 8.0 $1,920 12 Description of Impacts and Recommendations 4.0 4.0 8.0 $1,920 Reports 16.0 40.0 2.0 58.0 $12,600
Meetings 2.0 2.0 4.0 $960
Project Totals 40 118 2 160 $ 3,600 $ 38,250
/a/ Direct costs are associated with data collection costs.
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Teri Wissler Adam
SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Ms. Wissler Adam joined the EMC Planning Group in 1991. Her area of expertise is in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance.
Ms. Wissler Adam directs the CEQA and NEPA compliance projects for the firm. She has been responsible for a large variety of private projects, including residential, commercial, industrial, mixed-use, and large specific plan and general plan projects. She has also managed several projects for public facilities, such as recycled water projects, roadway projects, bikeway projects, bridge projects, elementary schools, high schools, and college campuses, and other public facilities, such as health clinics, landfills, child development centers, and federal research facilities. She has represented public clients throughout Monterey County, San Benito County, Santa Clara County, Merced County, San Luis Obispo County, San Mateo County, Santa Cruz County, and as far south as Los Angeles County.
EDUCATION
B.S. California Polytechnic State University
at San Luis Obispo, Business
Administration, Concentration in
Environmental Management, 1991
PROFESSIONAL ACHIEVEMENTS
Presenter, CEQA Seminar, Lorman
Education Services
Presenter, CEQA Workshop, Association
of Environmental Professionals
Member, Association of Environmental
Professionals
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
Past Director/President/Newsletter Editor,
Monterey Bay Area Chapter, Association
of Environmental Professionals
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
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STAFF RESUME | EMC Planning Group
Shoshana Lutz
A SSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Mrs. Lutz joined the firm in 2017 with the primary responsibility of writing initial studies, environmental impact reports, and categorical exemptions in compliance with the California Environmental Quality Act (CEQA). Mrs. Lutz also prepares categorical exclusions under the National Environmental Policy Act (NEPA).
She has experience across a range of project types including residential and commercial development, school sites, recreation facilities, and coastal development/infrastructure. In addition to her environmental work, Mrs. Lutz provides private clients with permit processing and entitlement assistance as well as ongoing municipal planning assistance and representation at public meetings.
Prior to joining EMC Planning Group, Mrs. Lutz worked for the City of Carmel-by-the-Sea in the Community Planning and Building Department. Her responsibilities included assisting with preliminary plan check review for building and planning applications, conducting preliminary site assessments on residential properties, and conducting preliminary design reviews in residential and commercial areas.
EDUCATION
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, Emphasis in Ecology and Natural
Resources, 2014
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
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Ron Sissem, MRP
SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Mr. Sissem worked for EMC Planning Group for three years writing environmental impact reports in the 1980s before taking on international assignments with USAID and the World Bank. His international experience includes national resource and protected area management in Mongolia, environmental auditing/impact evaluation to address business development lending risks in Bosnia and Herzegovina, clean technology deployment in India to reduce greenhouse gas emissions, and environmental compliance for USAID-funded economic development projects.
In 2002, Mr. Sissem returned to EMC Planning Group and has been a principal since 2016. His primary responsibilities are to manage large land planning and environmental review projects. He assists public agencies with California Environmental Quality Act (CEQA) compliance for diverse, complex projects; manages preparation of specific plans and general plans; and manages planning and entitlement processes for private clients.
Mr. Sissem is the firm’s climate change/greenhouse gas emissions specialist. He manages climate change impact analyses for CEQA documents, consults local agencies on integrating climate planning strategies/policy/emission reduction measures into advanced planning documents (e.g. general plans and specific plans), and consults developers on climate change mitigation project design.
EDUCATION
M.R.P. University of North Carolina at Chapel
Hill, Urban and Regional Planning, 1995
B.S. University of California at Santa Barbara,
Geography, 1982
B.A. University of California at Santa Barbara,
Environmental Studies, 1982
PROFESSIONAL ACHIEVEMENTS
Awards, City of Salinas Economic
Development Element, 2014
Outstanding Planning Document-
Association of Environmental
Professional (2016)
Economic Planning and Development
Award of Excellence-American Planning
Association, California Chapter,
Northern Section (2015)
Economic Planning and Development
Award of Merit-American Planning
Association California Chapter (2015)
Presenter, Advanced CEQA Workshop,
Association of Environmental Professionals
(2009, 2010, 2013)
Authored “A Guide to Maximizing Profits and
Business Stability through Environmental
Management,” produced by the World Bank
Federation of Bosnia, Ministry of
Environment Achievement Award for
advancement of environmental management
in Bosnia
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STAFF RESUME | EMC Planning Group
Janet Walther, MS
PRINCIPAL BIOLOGIST
PROFESSIONAL EXPERIENCE
Ms. Walther joined the firm in 2003 and has been working in the field of biology since 2000. She is responsible for performing botanical and wildlife surveys; wetland and waters of the U.S. determinations; data analysis; and reports in support of management agreements, permits, and mitigation monitoring. She assists clients in complying with the Federal Endangered Species Act, California Endangered Species Act, Sections 401 and 404 of the Clean Water Act, California Fish and Game Code, and local (county and/or city) regulations.
Ms. Walther works with clients to design projects to avoid or minimize impacts to threatened and endangered species. Where impacts are unavoidable, she helps create mitigation strategies and the application documents necessary to obtain the required permits, including habitat conservation and land management plans.
In addition to her experience in biological survey and reporting, Ms.
Walther is responsible for preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She produces a variety of graphics for use in environmental and natural resources documents and routinely works with ArcGIS, AutoCAD, and Adobe
Illustrator/Photoshop.
In previous positions, Ms. Walther inventoried both native and non- native species in compliance with regulatory requirements, and assisted in preparing California Energy Commission Applications for Certification for four major power plant projects in California. She also conducted biological survey work in southern California and the High Desert and wetland and endangered species survey work in Nevada, Arizona, Georgia, and Florida.
EDUCATION
M.S. California State University Monterey Bay,
Coastal Watershed Science and Policy,
2014
B.S. California Polytechnic State University at
San Luis Obispo, Ecology and Systematic
Biology, 2000 - Concentration:
Environmental Management
CERTIFICATES AND TRAINING
Biology and Management of California Tiger
Salamander Workshop, Elkhorn Slough
Coastal Training Program, 2007
Biology and Management of California Red-
legged Frog Workshop, Elkhorn Slough
Coastal Training Program, 2007
OSHA 40-hr HAZWOPER Certificate, 2001
and 8-hr Refresher Training, 2002-2007
California Pesticide Application Certification,
2003/2004
Army Corps of Engineers Wetland
Delineation Training, 2002
PROFESSIONAL ACHIEVEMENT
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
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STAFF RESUME | EMC Planning Group
Patrick Furtado, MS
SENIOR BIOLOGIST
EDUCATION
M.S. San Francisco State University; Conservation Biology, 2012 B.S. University of California, Berkeley; Forestry and Natural Resource Management, 2007
CERTIFICATES AND TRAINING
Society of Wetland Scientists – Certified as Professional Wetland Scientist, PWS #3041, 2018
Morphology and Identification of Flowering Plants Workshop, Jepson Herbarium, 2006
Rare Plants of Eastern San Luis Obispo County Workshop, California Native Plant Society, 2010
Basic Wetland Delineation, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2010
Classification of Vernal Pool Plant Communities Workshop, California Native Plant Society, 2010
Plant Taxonomy Training, California Native Plant Society, 2010 Phylogeny, Taxonomy, and Name Changes in the California Flora Workshop, Jepson Herbarium, 2011
Measuring and Monitoring Plant Populations and Vegetation, California Native Plant Society, 2012
Wetland Hydrology Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2012
Grassland Ecology, Identification, and Monitoring Workshop, California Native Grasslands Association, 2012
California Natural Diversity Database Training, California Department of Fish and Wildlife, 2013
Wetland Indicator Plants Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2013
Amphibians of the San Francisco Bay Area Workshop, Laguna de Santa Rosa Foundation, 2014
Tidal Wetland Restoration and the Horizontal Levee Workshop, San Francisco Bay, National Estuarine Research Reserve, 2014 California Tiger Salamander Ecology Workshop, Laguna de Santa Rosa Foundation, 2015
Rare Pond Species Survey Techniques Workshop, Laguna de Santa Rosa Foundation, 2015
Field Practices: Hands-On Restoration Implementation and Maintenance, California Native Grasslands Association, 2015
PROFESSIONAL AND ACADEMIC ASSOCIATIONS
The Wildlife Society – Western Section
California Native Plant Society
PROFESSIONAL EXPERIENCE
Mr. Furtado joined the firm in 2020 and has been working in the fields of biology and regulatory compliance since 2008. He has extensive experience conducting field surveys in central California, in particular with special-status species such as burrowing owl, northern spotted owl, western
snowy plover, bank swallow, Swainson's hawk, Ridgway’s
rail, coho salmon, mission blue butterfly, vernal pool
branchiopods, giant garter snake, San Francisco garter
snake, San Francisco dusky-footed woodrat, salt marsh
harvest mouse, San Joaquin kit fox, and Tidestrom’s lupine.
He has been approved by the U.S. Fish and Wildlife Service as a qualified biologist for several projects involving California red-legged frog and California tiger salamander.
He conducts nesting bird surveys, focused botanical
inventories, and large-scale vegetation mapping. He is a plant and wildlife biologist with experience across a wide diversity of California habitats.
He helped design, implement, and monitor a variety of
wetland and riparian restoration projects. He has also
conducted regulatory agency coordination for wetland
issues with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and California Coastal Commission.
Mr. Furtado specializes in biological fieldwork, resource management, regulatory permitting, planning, and
preparation of technical reports. His expertise extends across a wide range of California ecosystems including
fresh and salt water marsh, riparian woodland, vernal pool, grassland, chaparral, oak woodland, coastal scrub, and
coniferous forest. He integrates multiple disciplines
including wildlife surveys, remote sensing and GIS analysis, riparian and wetland hydrology, plant systematics and
taxonomy, vegetation mapping and classification, fluvial geomorphology, habitat assessment, soil classification, wetland delineation, historical ecology, and invasive species management.
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STAFF RESUME | EMC Planning Group
Zane Mortensen, MS
ASSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Mr. Mortensen joined the firm in 2022 to provide support in the preparation of environmental planning and land use documents for a variety of development projects such as residential sites, schools, subdivisions, specific plans, hospitals, and recreational facilities. Primary responsibilities involve conducting air quality and greenhouse gas emissions modeling and analysis, as well as the preparation of environmental review documentation in compliance with
CEQA/NEPA regulatory standards.
In May 2019, he was awarded a Master’s of Science degree from the Environmental Science Graduate Program at California State University, Monterey Bay (CSUMB). During his academic career, he developed a range of skills to apply to environmental issues within the community while working on projects for both State and County entities. He also had the opportunity to participate in research focused on the development of water treatment technology aimed at remediating agricultural pollutants from local tributaries.
Upon receiving his Master’s of Science degree in Environmental Science from CSUMB, Mr. Mortensen was hired by the Rural Community Assistance Corporation to facilitate planning efforts that supported drinking water, wastewater, and stormwater infrastructure development for low-income rural communities. His role largely involved overseeing State funded consolidation efforts between small rural community water systems and larger local utility providers.
EDUCATION
M.S. California State University Monterey Bay,
Environmental Science, 2019
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, 2017
A.S. Cerritos College, Natural Sciences, 2015
A.A. Cerritos College, Automotive Mechanical
Repair, 2013
CERTIFICATIONS & TRAINING
UC San Diego CEQA Practice
Certification, current enrollment
The Safe Drinking Water Act, 2019
Advanced Water Treatment, 2019
Successful completion Grade I
Wastewater Plant Operator Examination,
2014
PUBLICATIONS
Current Conditions and Restoration
Scenarios for the Carmel River and
Riparian Corridor at the Rancho Cañada
Parcel of Palo Corona Park: Carmel Valley
CA, Central Coast Watershed Studies,
March 2019
Hydrology and Water Quality of the Big Sur
Land Trust Property in Carr Lake, Central
Coast Watershed Studies, April 2019
Isolation of Microbial Populations with the
Ability to Use Pesticides as a Sole Carbon
Source in Multichannel Woodchip
Bioreactors under a Controlled
Environment, American Chemical Society,
October 2018
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WALTER J. VAN GRONINGEN
President
WJV Acoustics, Inc.
Experience:
Mr. Van Groningen is the founding consultant of WJV Acoustics, Inc. His technical skills include the prediction and analysis of aircraft, traffic, railroad and construction noise and the evaluation of community noise problems and litigation support. He has prepared technical noise studies for a variety of projects requiring CEQA or NEPA documentation and has developed noise level criteria and implementation programs for addressing noise‐related conflicts and long‐range noise compatibility planning. Mr. Van Groningen has particular expertise in preparing traffic noise assessments for federally funded roadway improvement projects using the Caltrans Protocol. Mr. Van Groningen has also prepared general plan noise elements and noise element updates for several California jurisdictions.
Mr. Van Groningen became involved in community noise control in 2005, when he joined the consulting staff at Brown‐Buntin Associates, Inc. Since that time, he has conducted short‐ and long‐term aircraft noise monitoring and acoustical testing for federally funded aircraft sound insulation programs and conducted and/or managed numerous environmental noise analyses, including the following:
Environmental noise assessments addressing aircraft, traffic, rail, commercial, industrial and construction sources for projects requiring CEQA/NEPA documentation. Many of these studies have involved controversial projects and significant public interest in the agency review process. Aircraft noise analysis and preparation of noise exposure maps and summary reports for Las Vegas McCarran and Reno‐Tahoe International Airports.
Federally funded school and/or residential sound insulation programs for Los Angeles, Reno‐Tahoe, Phoenix Sky Harbor and Anchorage Ted Stevens International Airports. General Plan Noise Elements for numerous California jurisdictions. Acoustical analyses and noise monitoring for numerous mining operations and construction projects.
Professional Affiliations:
Member, Institute of Noise Control Engineering.
Member, Acoustical Society of America.
Software Skills and Certifications:
FHWA Traffic Noise Model Certified
FAA Integrated Noise Model (INM)
Aviation Environmental Design Tool (AEDT2B)
Larson Davis Laboratories, AutoCAD, Microsoft Word, Microsoft Excel, SoundPLAN SoundPLAN Software & Noise Modeling Seminar
Education:
B.A. Physical/Environmental Geography, Humboldt State University, 1999. Post Graduate studies in Hydrology, California State University Chico, 1999‐2002.
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Robert Del Rio, Vice President & Principal Associate
Education
Bachelor of Science in Civil Engineering, San Jose State University, San Jose, California
Professional Associations
Member of the Institute of Transportation Engineers
Registered Professional Traffic Engineer in the State of California (TR 2641) Experience
Since 1996, Mr. Del Rio has participated and managed a variety of traffic engineering and transportation planning projects for both the public and private sectors. These projects included the preparation of scopes of work, site traffic analyses, general plan amendment studies, traffic simulation & operations studies, detour plans, parking studies, parking designs, and surveys. Mr. Del Rio has a significant amount of transportation planning and traffic engineering project experience in San Benito County.
Representative Projects
• Transportation Planning
Site Traffic Impact Analyses/EIRs/Traffic Feasibility Studies for various office, retail, residential, manufacturing, and mixed-use developments throughout Northern and Central California. These studies included the estimation of proposed project impacts on the surrounding transportation system under existing and future traffic conditions, recommending mitigation measures, site-plan and circulation review, and parking layout review. Representative projects include: Rajkovich, Ridgemark, Chapell Road Annexation, and North Street residential developments and various residential, office, manufacturing, and R&D developments throughout the Bay Area.
General Plan Amendments for the Cities of San Jose and Morgan Hill. Using traffic forecasting models, projections were made to determine the effects of land use amendments on the supporting transportation system. The evaluations included projections of trips, VMT, and mode-choice. Major General Plan analyses include the Morgan Hill 2035 General Plan, Four-Year Review of the San Jose General Plan, and annual General Plan Amendment analyses for the City of San Jose.
Area-Wide Traffic Impact Analyses for the City of San Jose North San Jose Development Policy and Downtown Strategy Plan. The studies included an analysis of the effects of large area-wide development on transportation facilities not only within the development area, but also facilities located throughout Santa Clara County.
Traffic Simulation/Operations Studies to evaluate operations of existing and future transportation systems for both existing and future growth conditions. These studies included the use of the NETSIM animation software to conduct qualitative as well as the quantitative analysis produced using CORSIM.
Representative projects include: Downtown San Jose Traffic Operations, US 101/Bailey Interchange Operations, North Coyote Valley Transportation System, and US 101/Hellyer Interchange Operations.
Traffic Analysis for PSR/NEPA Environmental Assessment for the US 101/Tennant Interchange PSR, US 101/Bailey Interchange Operations, Autumn Street Extension in San Jose, and Charcot Avenue extensions over I-880. The traffic analysis for these projects typically included an evaluation of traffic operations for several improvement alternatives.
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Luis Descanzo, Engineer
Education
Bachelor of Science – Civil Engineering, California Polytechnic State University, San Luis Obispo
Professional Associations
Member, Institute of Transportation Engineers
Experience
Since joining Hexagon in 2017, Mr. Descanzo has participated in a variety of traffic engineering and transportation planning projects throughout the Bay Area. These projects include Transportation Impact Analysis (TIA) for environmental impact reports, site traffic analyses, transportation demand management (TDM) plans, and parking studies.
Mr. Descanzo has experience with Synchro/Simtraffic, AutoCAD, and TRAFFIX. Mr. Descanzo primarily utilizes the Highway Capacity Manual (HCM) methodology, California Manual on Uniform Traffic Control (CA MUTCD), and California Highway Design Manual (HDM) to evaluate traffic operations, project impacts, and roadway improvements. Mr. Descanzo also is proficient with Excel and Word.
Representative Projects
Traffic Impact Analyses for offices, hotels, residential subdivisions, apartments, retail centers, restaurants, and multiple-use developments in San Jose, Santa Clara, Gilroy, and Morgan Hill, California.
These analyses include part or all of the following: project trip generation and assignment, intersection level of service calculations using Traffix, freeway segment level of service analysis, CAD drawings, site access and circulation review, signal warrant analysis, and intersection operational analysis, and recommendations for mitigation measures. Representative projects include:
Voices School TIA – Morgan Hill, CA
Solar4America Hockey Facility Expansion TA – San Jose, CA Kelton Commercial Development TIA – Gilroy, CA
Muslim Community Association School TIA – Santa Clara, CA Transportation Demand Management (TDM) Plans for residential, hotel, office, and multiple-use projects. TDM plans incorporate services, incentives, facilities, and actions that help reduce single- occupant vehicle (SOV) trips to help relieve traffic congestion, parking demand, and air pollution problems based the project’s size and location. Representative projects include:
615 Stockton Avenue Hotel Development – San Jose, CA
3625 Peterson Way Office Development – Santa Clara, CA Little Portugal Mixed-Use Development – San Jose, CA
Operations Analyses using Synchro and Simtraffic to solve a variety of traffic problems. These included the evaluation of bicycle and pedestrian improvements to intersections within Downtown Hollister in Hollister, California.
Site Access Studies for the Zip-Thru Car Wash in Morgan Hill, California and Camino Arroyo Commercial Development in Gilroy, California. The studies included identifying existing and future access problems and developing several feasible design alternatives.
Parking Studies for the Kelton Commercial Development in Gilroy, CA. These studies included surveys of existing parking demand and calculations of required parking supply for the proposed projects.
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Financial Statements E
ATTACHMENT
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Dec 31, 22
ASSETS
Current Assets
Checking/Savings
General Checking (SCCB)16,740.65
Money Market (SCCB)451,587.40
Savings (1st Capital Bank)4,370.13
Total Checking/Savings 472,698.18
Accounts Receivable
Accounts Receivable-Trade 1,084,586.17
Total Accounts Receivable 1,084,586.17
Other Current Assets
Cash On Hand 373.08
Total Other Current Assets 373.08
Total Current Assets 1,557,657.43
Fixed Assets
Fixed Assets 1,012,706.10
Accum Depreciation (128,846.37)
Total Fixed Assets 883,859.73
Other Assets
Investments - DWD LLC (6,208.00)
Investments - US Treasuries 100,000.00
Deposits 1,396.75
Total Other Assets 95,188.75
TOTAL ASSETS 2,536,705.91
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable (7,673.91)
Total Accounts Payable (7,673.91)
Credit Cards
Capital One Visa 7,716.73
Total Credit Cards 7,716.73
Other Current Liabilities
PTE Liability 713.00
Accrued Pension 39,375.66
Payroll Taxes Payable 688.56
Total Other Current Liabilities 40,777.22
3:32 PM EMC PLANNING GROUP, INC.
October 17, 2023 Balance Sheet
Accrual Basis As of December 31, 2022
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Dec 31, 22
Total Current Liabilities 40,820.04
Long Term Liabilities
Note Payable - Wissler (Stock)55,098.00
Total Long Term Liabilities 55,098.00
Total Liabilities 95,918.04
Equity
Capital Stock 158,943.86
Draws & Distributions (1,275,652.48)
Retained Earnings 3,248,282.32
Net Income 309,214.17
Total Equity 2,440,787.87
TOTAL LIABILITIES & EQUITY 2,536,705.91
3:32 PM EMC PLANNING GROUP, INC.
October 17, 2023 Balance Sheet
Accrual Basis As of December 31, 2022
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Jan - Dec 22
Ordinary Income/Expense
Income
Consulting Income 4,929,057.45
Total Income 4,929,057.45
Cost of Goods Sold
Payroll Taxes 156,218.78
Total COGS 156,218.78
Gross Profit 4,772,838.67
Expense
Advertising & Promotion 2,630.64
Automobile Expense 3,276.25
Bank Service Charges 535.00
Communications 14,964.71
Conferences & Seminars 5,597.73
Contributions 298.00
Depreciation 44,899.00
Documents & Fees For Clients 14,594.69
Insurance 190,411.97
Licenses & Permits 5,974.75
Memberships & Subscriptions 18,275.94
Miscellaneous 8,338.09
Outside Services 1,315,757.16
Pension Plan 39,375.66
Postage & Delivery 3,767.40
Printing & Copying 356.34
Professional Fees 15,607.90
Publications & Manuals 225.86
Rent 223,099.29
Repairs & Maintenance 58,581.33
Salaries & Wages 2,357,513.94
Small Tools & Supplies 11,395.95
Supplies Office & General 12,429.18
Taxes 1,048.17
Travel & Entertainment 18,802.80
Utilities 4,958.23
Total Expense 4,372,715.98
Net Ordinary Income 400,122.69
Other Income/Expense
Other Income
Disposition of Assets (77,270.00)
3:31 PM EMC PLANNING GROUP, INC.
October 17, 2023 Profit & Loss
Accrual Basis January through December 2022
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Jan - Dec 22
Interest Income 3,412.94
Other Income 9,018.54
Total Other Income (64,838.52)
Other Expense
PTE Tax Expense 24,038.00
FTB Corporation Tax Payments 2,032.00
Other Expense 0.00
Total Other Expense 26,070.00
Net Other Income (90,908.52)
Net Income 309,214.17
3:31 PM EMC PLANNING GROUP, INC.
October 17, 2023 Profit & Loss
Accrual Basis January through December 2022
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EXHIBIT B
Hourly Rates
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EXHIBIT C
PROJECT STAFF
NAME TITLE HOURLY RATE
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October 30, 2023
Magda Gonzalez
Contract Senior Planner
City of Hollister
339 Fifth Street
Hollister, CA 95023
Re: Meridian Village (TM 2022-2 and S&A 2022-15) Initial Study/Mitigated Negative Declaration Proposal
Dear Magda,
EMC Planning Group is pleased to submit our proposal for the Meridian Village project (TM 2022-2 and S&A 2022-15) to prepare an initial study and mitigated negative declaration.
This project will be managed from our Monterey office located at 601 Abrego Street (831- 649-1799).
EMC Planning Group has been providing CEQA compliance services to the City of Hollister for decades and has significant experience preparing initial studies, analyzing biological resources, and air quality and greenhouse gas emissions modeling in Hollister and within the unincorporated County of San Benito. We look forward to continuing a long relationship with the City. In addition to WJV Acoustics and Hexagon Transportation Consultants joining our team to prepare the environmental noise assessment and transportation analysis/VMT analysis, respectively, our in-house team of highly qualified planners, biologists, archaeologist, and GIS and graphics technicians will provide the City with a level of professional and quality support to ensure timely and excellent environmental services. All environmental topics within the initial study will be adequately addressed and any significant impacts will be identified and mitigated as appropriate. EMC Planning Group will also prepare response to comments and a mitigation monitoring and reporting program.
The cost estimate for this proposal is valid for 180 days.
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Magda Gonzalez
City of Hollister
October 30, 2023, Page 2
Enclosed is our proposal to prepare the initial study and mitigated negative declaration.
Attached to this cover letter is the Proposer Identification Form, as requested by the request for proposals document.
If you have any questions, please contact Shoshana Lutz at [email protected] or at 831-649-1799.
Sincerely,
Michael J. Groves, AICP
President and Senior Principal
Attachment: Proposer Identification Form
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CITY OF HOLLISTER | REQUEST FOR PROPOSALS | MERIDIAN VILLAGE PAGE 1
Exhibit B
REQUEST FOR PROFESSIONAL QUALIFICATIONS AND PROPOSAL
MERIDIAN VILLAGE
PROPOSER IDENTIFICATION
1.Legal name of the Company:
2.Street Address:
3.Mailing Address:
4.Business Telephone:
5.Facsimile Telephone:
6.Email Address:
7.Type of Business:Sole Proprietor Partnership Corporation (State) Other:
8.Business License Number issued by the City where the Proposer’s principal place of business is located.
Number: Issuing City/State:
9.Federal Tax ID NO. DIR No.
10.Proposer’s Project Manager:
11.Contact Person if different from Project Manager:
Signature of Preparer of Proposal
Date:
Anticipated Start Date:
EMC Planning Group, Inc.
601 Abrego Street, Monterey CA 93940
same as above
n/a
831-649-1799
Teri Wissler Adam
Shoshana Lutz
Immediately Upon Contract Approval
[email protected]
S-Corporation
99743 Monterey, California
n/a77-0126607
10/27/23
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Proposal
Meridian Village Project
Initial Study/Mitigated Negative
Declaration
TM 2022-2 and S&R 2022-15
October 30, 2023
Prepared by
EMC Planning Group
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This document was produced on recycled paper.
PROPOSAL
M ERIDIAN V ILLAGE P ROJECT
I NITIAL S TUDY/MITIGATED NEGATIVE
D ECLARATION
TM 2022-2 AND S &R 2022-15
PREPARED FOR
City of Hollister
Magda Gonzalez, Contract Senior Planner
339 Fifth Street
Hollister, CA 95023
Tel 925.789.7160
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
October 30, 2023
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Table of Contents
1.0 BACKGROUND AND PROJECT SUMMARY ............................................................... 1-1
1.1 Project Understanding ........................................................................................................... 1-1
1.2 Background .............................................................................................................................. 1-1
1.3 Project Objective .................................................................................................................... 1-2
2.0 METHODOLOGY ....................................................................................................... 2-1
2.1 Approach ................................................................................................................................. 2-1
2.2 Scope of Work ........................................................................................................................ 2-1
2.3 Project Schedule...................................................................................................................... 2-9
3.0 STAFFING ................................................................................................................... 3-1
4.0 QUALIFICATIONS ...................................................................................................... 4-1
4.1 EMC Planning Group ............................................................................................................ 4-1
4.2 WJV Acoustics ........................................................................................................................ 4-6
4.3 Hexagon Transportation Consultants ................................................................................. 4-7
5.0 FINANCIAL CAPACITY .............................................................................................. 5-1
6.0 FEE PROPOSAL .......................................................................................................... 6-1
7.0 DISCLOSURE .............................................................................................................. 7-1
8.0 EX PARTE COMMUNICATIONS ................................................................................ 8-1
9.0 AGREEMENT ALTERATIONS .................................................................................... 9-1
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Attachments
Attachment A Hexagon Transportation Consultants Scope of Work and Hours Attachment B EMC Planning Group Resumes
Attachment C WJV Acoustics Resume
Attachment D Hexagon Transportation Consultants Resumes Attachment E Financial Statements
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Section 1.0 Background and Project Summary 1-1 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023
1.0 Background and Project Summary
1.1 Project Understanding
The City of Hollister (“City”) received a Tentative Map and a Site and Architectural Review application for a residential subdivision project on a 12.75-acre property located within the City of Hollister, west of State Route 25 and south of Meridian Street (APN 054-600-005) (“project site”).
The Meridian Village project proposes to subdivide the 12.75-acre parcel into five individual lots, with a total of 219 multi-family units. The proposed square footage and use on each lot is provided below:
Lot 1 - 89,104 square feet with five apartment buildings, each building consisting of 18 units for a total of 90 apartment units, as well as a 16,170 square foot recreation center and private park area; and
Lots 2 through 5 would be developed with three-bedroom and four-bedroom townhome-style dwelling units, organized into 3-plex, 4-plex, 5-plex, and 6-plex buildings for a total of 129 townhome-style multi-family (condominium) units. The square footages on each lot are as follows:
• Lot 2 - 40,058 square feet;
• Lot 3 - 85,861 square feet;
• Lot 4 - 89,205 square feet; and
• Lot 5 - 50,163 square feet.
The project site is currently vacant with commercial and residential uses to the west, residential uses to the north, State Route 25 and residential uses to the east, and commercial uses to the south. The project site is designated by the City General Plan for Mixed-Use and is zoned Neighborhood Mixed-Use (NMU).
1.2 Background
An initial study and mitigated negative declaration were previously prepared in 2006 for the project site for the Guerra Pre-zoning, Zone Change, and C-District Review project. The previous project proposed mixed uses, including up to 250,000 square feet of commercial uses and 120 multi-family residential units. This previous project involved a larger area than the currently proposed project A.8.b
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Section 1.0 Background and Project Summary 1-2 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023 site. Since preparation of the 2006 initial study, the project was significantly revised and is now known as the Meridian Village project. The proposed project site has been reduced in size and the parcel has since been annexed.
1.3 Project Objective
EMC Planning Group will review the proposed project and prepare an initial study and mitigated negative declaration adequate under the current requirements of CEQA with the resulting environmental effects appropriately mitigated.
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Section 2.0 Methodology 2-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
2.0 Methodology
2.1 Approach
In providing environmental services to jurisdictions, we strive to work seamlessly with City staff and within the City’s established processes. We always try to make our work indistinguishable from the jurisdiction’s standard in format, content, and approach. We review the jurisdiction’s general plan, codes, approval processes, application forms, public handouts, sample agenda packets, or anything else available to guide us in knowing how the jurisdiction works and we collect templates or examples of commonly used formats. If the jurisdiction has a file-naming convention, we follow it.
We establish a communications protocol so that everyone is on the same page from the outset, and discuss expectations on when and how we will share information, and any standards for meeting with applicants or other third parties. Our goal is always to fit invisibly into the jurisdiction’s system, to be an asset to the team, and to make our relationship as beneficial to the City staff as possible.
We have very successfully used these approaches in past contract work for jurisdictions. Our immediate communication of important information has kept jurisdictions abreast of changing circumstances or new information, allowing for timely reactions or adjustments. Our efficient approach has enabled us to complete work on time and on-budget, and sometimes under budget.
Our use of comprehensive schedules, which we update as necessary, helps us track progress and ensure that critical prerequisite tasks are not ignored.
2.2 Scope of Work
This scope of work assumes the preparation of an initial study and mitigated negative declaration would be required. If it is determined that the potential for significant impacts exist, an amendment to the contract and preparation of an environmental impact report will be required.
EMC Planning Group will prepare the initial study and mitigated negative declaration in compliance with the California Environmental Quality Act (CEQA) and its implementing guidelines. The initial study will analyze all required environmental issues.
The proposed tasks are presented on the following pages.
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Section 2.0 Methodology 2-2 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 1 Project Management/Consultation
This task includes coordinating staff, general management and administration, coordinating with subconsultants, and providing CEQA consultation for City staff. This proposal includes up to eight hours of meetings, including virtual meetings and one in-person kick-off meeting.
Task 2 Research and Development
This task includes a thorough review of the application materials and plans, as well as any other documents applicable to the proposed project, such as the previous 2006 initial study. The general plan and general plan EIR will also be reviewed, along with any available documentation that has been prepared for the general plan update process.
Task 3 Technical Analyses
Task 3.1 Biological Resource Analysis
An initial study was prepared for a previous iteration of this project at the same location in 2006. At the time, the project site contained vacant agricultural land and abandoned walnut orchard trees.
Based on current aerial photographs, the project site has been left fallow or periodically planted with cover crops.
According to the California Natural Diversity Database (California Department of Fish and Wildlife 2023), there are numerous special-status species documented in the vicinity of the project parcel, including (however, it is noted that the project site is entirely surrounded by urban development):
Vernal pool fairy shrimp (Branchinecta lynchi);
California red-legged frog (Rana draytonii);
California tiger salamander (Ambystoma californiense); Western spadefoot (Spea hammondii);
San Joaquin coachwhip (Coluber flagellum ruddocki);
Western pond turtle (Emys marmorata);
Burrowing owl (Athene cunicularia);
California horned lark (Eremophila alpestris);
Prairie falcon (Agelaius tricolor);
Tricolored blackbird (Agelaius tricolor);
American badger (Taxidea taxus);
San Joaquin kit fox (Vulpes macrotis mutica);
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Section 2.0 Methodology 2-3 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Western mastiff bat (Eumops perotis); and
Western red bat (Lasiurus frantzii).
No special-status plants were recorded in the vicinity within the past 70 years.
This evaluation will assess potential habitat present for special-status species in the area and recommend mitigation measures for the protection of biological resources. If suitable habitat is identified, recommendations may also include the need for additional specific or protocol-level surveys to be conducted during an appropriate time of year.
The following scope of work includes tasks to conduct a reconnaissance-level biological survey and prepare a section addressing biological resources in an initial study.
Task 3.1.1 Research
EMC Planning Group will compile and review available project information, including preliminary site plans, the 2006 initial study prepared for the previous iteration of this project, and aerial photographs. Conduct a review to determine the special-status species that have been recorded as occurring within the general project vicinity based on current database searches of California Department of Fish and Wildlife’s California Natural Diversity Database, the California Native Plant Society Rare and Endangered Plant Inventory, the U.S. Fish and Wildlife Service Endangered Species Program, the U.S. Fish and Wildlife Service National Wetlands Inventory; and other biological studies conducted in the vicinity of the project site, if available.
Task 3.1.2 Reconnaissance-level Field Survey
EMC Planning Group will complete a reconnaissance-level field survey to (1) identify and map the principal plant communities; (2) assess the potential for special-status species and their habitats, wildlife movement corridors, potentially jurisdictional wetlands and waterways, regulated trees, and other significant biological resources to occur; and (3) identify and map any observed locations of special-status species and/or habitats. Plant and wildlife species observed during the survey will be recorded in field notes. Any special-status species observed will be reported to the California Natural Diversity Database in compliance with California Department of Fish and Wildlife permit requirements, after the information is provided to the City.
Task 3.1.3 Initial Study Section
EMC Planning Group will prepare the biological resources section of the initial study, describing existing habitats and plant and animal species found on the project site, and the occurrence of and/or potential for special-status species and their habitats. If needed, one or more figures will be prepared to illustrate habitat types and the location(s) of special-status species occurring on or in the vicinity of the project site. Potential impacts to biological resources will be identified, and mitigation measures will be provided to minimize potential impacts when possible.
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Section 2.0 Methodology 2-4 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Note: Focused surveys for specific plant and/or animal species are not included in this proposed scope of work. The presence or absence of certain species cannot be determined during the reconnaissance-level site assessment. If appropriate habitat for other sensitive species is observed during the site assessment, species-specific surveys may be required (i.e., surveys for annual plants).
Task 3.2 Air Quality, Energy, and Greenhouse Gas Emissions Analyses This analysis consists of emissions modeling, evaluation of air quality impacts using the air district guidelines, greenhouse gas emissions analysis using currently-accepted industry methodologies, and an evaluation of energy impacts.
Task 3.2.1 Emissions Modeling
The California Emissions Estimator Model (CalEEMod) will be used to calculate the criteria air pollutant emissions generated by the proposed development based on project information provided by the applicant, and information obtained from the transportation analysis. The model assumptions and methodology will be incorporated into the initial study and the modeled results will be presented as appendices.
EMC Planning Group will review the project description to identify proposed construction and operational information for use as model data inputs and conduct up to two model runs to quantify the construction and operational emissions generated from the proposed project under unmitigated, and, if necessary, mitigated scenarios.
Task 3.2.2 Air Quality Analysis
The Monterey Bay Air Resources District (air district) provides direction for air quality analysis. The air quality analysis will reference the air district’s air quality management plans and CEQA guidance documents, and project materials. The proposed 219 multi-family unit development is not expected to result in criteria air pollutant emissions that would exceed the air district thresholds. CalEEMod results will be used to assess the potential impact of emissions generated by the proposed project in relation to the thresholds of significance outlined in the air districts CEQA guidance.
EMC Planning Group will conduct the following tasks with the results incorporated into the initial study:
Describe the physical and climatological characteristics of the North Central Coast Air Basin, existing air pollutant conditions, and health effects of air pollutants; Review current air district documents, policies, and applicable regulatory requirements; Compare modeled criteria air pollutant emissions results to the air district’s screening thresholds and significance thresholds to determine if the proposed project would result in significant impacts from criteria air pollutant emissions;
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Section 2.0 Methodology 2-5 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Identify project sources of hazardous air pollutants or odors and health risks associated with them, as well as any existing or planned nearby sensitive receptors that could be affected; and Identify “Best Management Practices,” if necessary, to control construction dust or particulate matter emissions, including equipment exhaust, which should be considered a condition of project approval to minimize the short-term impact of construction related emissions.
Task 3.2.3 Greenhouse Gas Emissions Evaluation
The greenhouse gas (GHG) impacts of a project can be found to be less than significant if the project is consistent with a qualified plan for reducing GHG emissions. The City of Hollister has prepared a draft Climate Action Plan, which was released in March 2023. It is unknown when the Climate Action Plan will be formally adopted, presumably as a “qualified” plan for reducing GHG emissions pursuant to CEQA Guidelines section 15183.5. If it is adopted prior to the draft initial study being completed, it will be used to streamline the GHG impact analysis. Project consistency with GHG reduction measures in the Climate Action Plan will be assessed and where inconsistencies exist, if any, mitigation will be identified to ensure the proposed project incorporates the necessary reduction actions.
If the Climate Action is not adopted in time, an alternative methodology will be required to assess GHG impacts. We would propose to use guidance provided by the Bay Area Air Quality Management District (BAAQMD) in its 2022 CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plan. It is a performance standard-based analysis approach. That guidance suggests that a project which meets the following key performance standards would have a less than significant GHG impact: 1) applicant commits to installing no permanent natural gas infrastructure to support the project (the project will be all electric and use no natural gas; 2) the applicant commits to meeting the Tier 2 electric vehicle support infrastructure standards in the latest version of the California Green Building Standards Code; 3) the project energy impacts are less than significant; and 4) the project is found to have a less than significant vehicle miles traveled (VMT) impact. A VMT analysis will be required to determine VMT impact significance (refer to Task 3.4 discussed below). Although BAAQMD’s guidance may be an applicable approach, EMC Planning Group will consult with the City about the potentially precedent-setting nature of using this approach in a CEQA document for which the City is lead agency and whether it should be utilized.
Our budget assumes that the GHG analysis will either be based on the forthcoming Climate Action Plan or BAAQMD guidance. If an alternative approach is selected in consultation with City staff that requires a higher level of effort, the budget for this analysis may need to be modified.
Task 3.2.4 Energy Analysis
Energy will be required to construct and operate the project. The primary sources of energy consumption will be fuel use in vehicles traveling to and from the project site, natural gas, and electricity in buildings. The thresholds of significance for energy impacts are qualitative.
Consequently, potential impacts will be discussed qualitatively. The proposed project will be A.8.b
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Section 2.0 Methodology 2-6 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 required to comply with uniformly applied regulations and potentially to reduce criteria air emissions and/or GHG emission via measures that also reduce energy demand. Applicable regulations and GHG reduction measures will be discussed to identify how energy demand will be moderated. The project’s potential to result in wasteful or inefficient energy use will be evaluated in the context of these variables, as well as its land use character and whether its energy demand can inherently be considered wasteful.
Energy demand will be calculated and reported. The VMT analysis data will serve as a general proxy for determining the magnitude of transportation fuel consumption. The VMT data will be input into the Emissions Factor Model to quantify the transportation fuel demand.
The following tasks will be completed:
Report energy demand from on-site use of natural gas and electricity at buildout of the proposed project based on the modeled CalEEMod results;
Identify transportation fuel demand result from cumulative development based on Emissions Factors model results;
Identify regulatory requirements that would reduce energy demand from future development; Identify energy demand reduction measures being proposed by the project applicant, if any; Describe energy demand reduction that would occur with implanting related mitigation measures, if any;
Identify the significance of energy impacts; and
Present mitigation measures to reduce energy consumption, if necessary.
Task 3.3 Environmental Noise Assessment
WJV Acoustics will prepare an environmental noise assessment for the proposed project that will be utilized by EMC Planning Group during preparation of the noise section of the initial study. The following tasks will be conducted by WJV Acoustics.
Task 3.3.1 Site Inspection
WJV Acoustics will conduct a project site inspection to evaluate the acoustical characteristics of the project site and surrounding area, note the locations of nearby noise‐sensitive receptors, and identify existing noise sources in the project area. WJV Acoustics will also conduct ambient noise monitoring at representative locations throughout the project vicinity that could have potential noise‐related conflicts as a result of the proposed project. It is anticipated that continuous 24‐hour ambient noise measurements will be conducted at up to two (2) locations using automated noise monitors and that short‐term sampling of ambient noise levels will be conducted at up to four (4) additional sites.
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Section 2.0 Methodology 2-7 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 3.3.2 Analyze Roadway Traffic
WJV Acoustics will analyze potential project‐related changes in roadway traffic noise exposure along roadways near or adjacent to the project site. Calculations will be performed using the FHWA Highway Traffic Noise Prediction Model and traffic data will be obtained from the project traffic engineer (i.e., Hexagon Transportation Consultants) or other sources as may be appropriate. WJV Acoustics will compare project‐related changes in traffic noise exposure to applicable City of Hollister noise level standards and other thresholds of significance.
Task 3.3.3 Identify Noise Impacts
WJV Acoustics will evaluate potential noise impacts from the project including: 1) noise levels from existing noise sources as they may affect the proposed development, and 2) noise levels resulting from development of the project as they may affect existing and proposed noise‐sensitive uses in the project area. This task will include an assessment of exterior and interior noise levels.
If applicable, WJV Acoustics will review project site aircraft noise exposure associated with the Hollister Municipal Airport and determine project site compatibility with the Hollister Municipal Airport Land Use Compatibility Plan guidelines and standards.
Task 3.3.4 Quantify Noise and Vibration Levels
WJV Acoustics will quantify noise and vibration levels that would likely occur during construction of the project as they could affect nearby existing or planned noise‐sensitive receptors. WJV Acoustics will also identify nearby existing or planned noise‐sensitive receptors that could be subjected to noise or vibration levels in excess of applicable noise standards or CEQA thresholds as a result of the project construction.
Task 3.3.5 Prepare Environmental Noise Assessment
WJV Acoustics will prepare a written technical report summarizing the methods, findings, and recommendations of the study. The report and associated exhibits will be formatted to facilitate incorporation into the initial study being prepared for the project. WJV Acoustics will prepare recommendations for noise mitigation as may be required to reduce significant noise impacts to less‐ than‐significant. Significance will be based on City of Hollister noise standards and the CEQA Guidelines criteria. WJV Acoustics will identify any significant project‐related noise impacts that cannot be reasonably mitigated.
Task 3.4 Transportation Analysis
Hexagon Transportation Consultants will prepare a vehicle miles traveled (VMT) evaluation and traffic operations analysis that will be utilized by EMC Planning Group for preparation of the transportation section of the initial study. Peak hour intersection level of service analysis will be completed at a limited number of intersections as part of the traffic operations analysis; however, the determination of project impacts per CEQA requirements will be based solely on VMT metrics.
Hexagon’s detailed scope of work can be found in Attachment A. The following tasks will be conducted by Hexagon Transportation Consultants.
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Section 2.0 Methodology 2-8 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 3.4.1 VMT Evaluation
All new development projects within the City are required to evaluate their effects on the transportation system using the VMT metric and methodology outlined in the City’s Draft Senate Bill 743 Implementation Guidelines dated September 2020. Based on the results of the VMT evaluation, impacts due to the site generated VMT will be identified and described. Mitigation of VMT impacts could include improvements to the transit, bicycle, and pedestrian infrastructure. In addition, the implementation of travel demand management measures that promote multi-modal travel and reduce the use of single-occupant automobile travel for the purpose of meeting VMT reduction goals may be required.
Task 3.4.2 Traffic Operations Analysis
The purpose of the traffic operations analysis is to evaluate the effects of the site development on key intersections in the vicinity of the project area. Preliminarily, Hexagon has identified the need to study up to eight intersections as part of the study. The final list of study intersections will be identified in consultation with City staff. The study will include an evaluation of intersection levels of service analysis and traffic signal warrant checks at the identified study intersections. Each of the identified study intersections will be evaluated for adverse effects during the AM and PM peak commute hours. Hexagon’s scope and budget includes the evaluation of one development scenario.
Conducting analyses for and evaluating alternative project descriptions or phases will require additional time and budget. Details associated with the tasks for the traffic operations analysis can be found in Attachment A.
Task 3.4.3 Reports and Meetings
Hexagon’s findings and recommendations will be summarized in an administrative draft report.
Following review and comment on the administrative draft by EMC Planning Group, a draft report will be submitted for review by City staff. Hexagon will prepare a final report that addresses all of the comments received from City staff. This final report will be included in the environmental document. Following public review and comment, Hexagon will assist with responding to public comments, with a maximum of four hours of staff time allocated to respond to public comments.
Hexagon’s cost estimate includes attendance at one meeting with City staff and/or the project team in connection with the project. Attendance at additional meetings, public hearings, and neighborhood or community meetings would require authorization and additional budget.
Task 4 Screencheck Draft Initial Study/Mitigated Negative Declaration As noted in the RFP, the City is requesting a screencheck draft and public review IS/MND only.
EMC Planning Group will prepare the screencheck initial study/mitigated negative declaration for review and comment by City staff. One (1) electronic version will be provided.
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Section 2.0 Methodology 2-9 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Task 5 Public Review Initial Study/Mitigated Negative Declaration Revise the screencheck initial study and mitigated negative declaration, as necessary, and prepare the public review initial study and mitigated negative declaration. EMC Planning Group will provide one (1) electronic copy of the public review initial study and mitigated negative declaration for distribution by the City.
Task 6 Response to Comments and Mitigation Monitoring and Reporting Program
EMC Planning Group will prepare responses to public comments received on the mitigated negative declaration during the 30-day public review period and prepare a mitigation monitoring and reporting program (MMRP) for adoption by the City. EMC Planning Group will provide one (1) draft electronic copy of the response to comments and the MMRP for review and comment and one (1) final electronic copy, with comments incorporated. The budget assumes that no more than ten (10) comment letters would be received.
Task 7 Public Hearings
EMC Planning Group will attend two public hearings, one Planning Commission and one City Council, to answer questions on the environmental analysis and documentation.
2.3 Project Schedule
EMC Planning Group’s project schedule can be found on the following page.
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Activity Name Start Date Finish Date
1926 3 10172431 7 142128 4 111825 3 10172431 7 142128 5 121926 2 9 162330 7 1421 Dec 23 Jan 24 Feb 24 Mar 24 Apr 24 May 24 Jun 24 Jul 24 1926 310172431 7 142128 4111825 310172431 7 142128 5121926 29162330 7 1421 Authorization to Proceed 11/27/23 11/27/23
Research and Development 11/27/23 12/25/23
Technical Analyses 11/27/23 1/26/24
Biological Resources 11/27/23 1/5/24
Air Quality/Energy/Greenhouse Gas Emissions 11/27/23 1/26/24 Noise 11/27/23 1/5/24
Transportation 11/27/23 1/12/24
Screencheck Draft IS/MND 11/27/23 2/2/24
Lead Agency Review 2/5/24 3/4/24
Public Review IS/MND/Noticing 3/4/24 3/18/24
30-day Public Review Period 3/20/24 4/18/24
Draft Response to Comments/MMRP 4/19/24 5/3/24
Lead Agency Review 5/6/24 5/20/24
Final Response to Comments/MMRP 5/20/24 5/27/24
Public Hearing(s)6/27/24 7/15/24
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 Meridian Village Project IS/MND Schedule
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Section 3.0 Staffing 3-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
3.0 Staffing
The key staff members that will work on this project are shown in the table below. Resumes for EMC Planning Group staff can be found in Attachment B. The anticipated hours of service for each individual from EMC Planning Group, as well as collectively for each subconsultant, can be found in the budget spreadsheet found in Section 6.0, Fee Proposal. The resume for WJV Acoustics can be found in Attachment C and resumes for Hexagon Transportation Consultants staff can be found in Attachment D. The anticipated hours of service for each individual from Hexagon Transportation Consultants can be found in Attachment A.
Staff Project Role Experience
EMC Planning Group
Teri Wissler Adam
Senior Principal
Principal-in-Charge and Project Manager 32 years of CEQA compliance experience Shoshana Lutz
Associate Planner
Assistant Project Manager
Prepare Various Sections of Initial Study
6 years of experience in land use planning and
CEQA compliance
Ron Sissem, MRP
Senior Principal
Manage Air Quality, Greenhouse Gas
Emissions, and Energy Analysis
36 years of project management experience in
land use, entitlement management and CEQA
compliance
Janet Walther, MS
Principal Biologist
Manage Biological Resources Analysis 23 years of experience in the field of biology, biological resources regulatory compliance, and
CEQA compliance
Patrick Furtado, MS
Senior Biologist
Prepare Biological Resources Section of
Initial Study
15 years of experience in the field of biology and
biological resources regulatory compliance
Zane Mortensen, MS
Associate Planner
Air Quality and Greenhouse Gas Emissions
Modeling and Analysis and Prepare Related
Sections of Initial Study
4 years of experience in the field of
environmental planning
Subconsultant Team
WJV Acoustics
Walter J. Van
Groningen
President
Prepare Environmental Noise Assessment 18 years of experience in community noise control
Hexagon Transportation Consultants
Robert Del Rio, T.E.
Vice President and
Principal Associate
Manage Transportation Analysis 27 years of experience in traffic engineering and transportation planning
Luis Descanzo
Engineer
Prepare Transportation Analysis 6 years of experience in traffic engineering and transportation planning
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Section 4.0 Qualifications 4-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
4.0 Qualifications
4.1 EMC Planning Group
EMC Planning Group has a long and well-established land use and environmental consulting practice since 1978 and has worked for the City of Hollister and the County of San Benito for a majority of that time. Over the course of 45 years in business, EMC Planning Group has gained rich experience in a broad range of planning and development disciplines. Our firm translates that experience into concrete, focused results in a time and cost-effective manner. EMC Planning Group’s receipt of numerous awards and national recognition is one indicator that our clients and peers acknowledge our expertise. EMC Planning Group delivers the following services to its extensive public and private sector clients:
CEQA and NEPA Compliance Services: initial studies, environmental assessments, environmental impact reports, environmental impact statements, noticing, and findings; Biological Resources: biological resources assessment, special-status species surveys, wetland delineations, habitat conservation plans, and compliance permitting; Air Quality Analysis: criteria air pollutant emissions, air quality dispersion modeling, and hazard risk assessments using the California Emissions Estimator Model (CalEEMod) and Emissions Factor Model (EMFAC), regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies;
Greenhouse Gas Analysis: greenhouse gas emissions modeling using CalEEMod and EMFAC, regulatory and legislative analysis, impact analysis, and emissions reduction/mitigation strategies; Archaeology: archaeological surveys, testing, and monitoring, National Register eligibility assessments, preparation of cultural resources report in compliance with CEQA, NEPA, and National Historic Preservation Act (NHPA) Section 106 NEPA compliance; Advanced/General Planning: general plans, specific plans, local coastal programs, zoning codes, housing elements, sphere-of-influence studies, area plans, and vibrancy plans; Procedural Planning: contract planning staff services including development review process management, permit processing, policy and regulatory analyses, application preparation and completeness review, land use plan/specific plan preparation, zoning regulation preparation/review, preparation of project consideration packages (staff report, resolutions and ordinances, findings, etc.), environmental documentation preparation, public noticing, A.8.b
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Section 4.0 Qualifications 4-2 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 preparation of specialized technical documentation, coordinate and manage technical consultants, prepare and monitor project schedules and budgets, public outreach/participation, etc.;
Land Use Planning: development site selection and evaluation, site planning and design, master planning, architectural and landscape design, permit processing, entitlement process coordination and management, local agency formation commission application processing, and project representation; and
Public Outreach: develop and implement public outreach programs.
EMC Planning Group’s experience and knowledge of development projects going through the CEQA process ensures that any challenges that arise would be handled efficiently. It is important to have a complete and stable project description when preparing CEQA documentation. Significant changes to the project description after the start of the environmental review process may result in additional cost and time. Other challenges not anticipated may arise during the CEQA process, but EMC Planning Group’s understanding of CEQA and the development process will ensure a smooth process for the City.
Representative Projects
Ridgemark Assisted Living Facility Initial Study, County of San Benito (2020) EMC Planning Group prepared an initial study for the County of San Benito on a proposed assisted-care facility with 155 rooms and 180 beds in two, three-story buildings with a combined interior area of approximately 136,378 square feet. The project is located at 3586 Airline Highway in the Ridgemark area of unincorporated, rural San Benito County. The analysis focused on the following environmental issues: hillside visual impacts, traffic, noise, air quality, greenhouse gas emissions, biological resources, and cultural resources.
Staff: Teri Wissler Adam (project management) and Janet Walther (biological resources management and prepare biological resources section of initial study).
New Behavioral Health Center IS/MND, City of Hollister (2019) EMC Planning Group prepared an initial study and mitigated negative declaration for the proposed construction for this County project located in the City of Hollister. The project included a lot line adjustment to combine the two parcels that constitute the project site and development of the one- story 17,212 square foot New Behavioral Health Center. The new facility will replace the existing behavioral health center located immediately to the west. The initial study focused on the following environmental issues: aesthetics, air quality and greenhouse gas emissions, loss of prime farmland, special-status wildlife species, cultural resources, hazards and hazardous materials, noise, and traffic.
Staff: Teri Wissler Adam (project management), Ron Sissem (prepare GHG section of initial study), and Janet Walther (prepare biological resources section of initial study).
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Section 4.0 Qualifications 4-3 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Woodle Prezone No. 2017-2 CEQA Compliance, City of Hollister (2019) EMC Planning Group prepared an initial study, mitigated negative declaration, and CEQA notices for the proposed prezone and annexation of 9.43 acres to ultimately develop a medium density housing project with 109 single family homes. The project site is located at 1070 Buena Vista Road in unincorporated San Benito County. The initial study focused on the following environmental issues: visual impacts, loss of farmland (grazing land), operational and construction air quality impacts, biological resources (California tiger salamander, California red-legged frog, burrowing owl, San Joaquin kit fox, and special status roosting bats and nesting birds), construction-related archaeological impacts, geologic hazards, greenhouse gas emissions, hazardous materials, water quality, noise, public services, traffic and transportation, and utilities and service systems.
Staff: Teri Wissler Adam (project management), Ron Sissem (manage GHG section of the initial study), and Janet Walther (biological resources management).
Ridgemark Subdivision EIR, County of San Benito (2023)
EMC Planning Group has prepared a draft EIR for San Benito County on the proposed Ridgemark residential subdivision located within the Ridgemark Golf Course and Country Club property, south of State Route 25 (Airline Highway) and southeast of the City of Hollister. The proposed project includes a vesting tentative map to re-subdivide the project site to accommodate 175 maximum residential lots for eventual construction of 160 market-rate single-family residential units and 30 below-market-rate duplex or duet residential units (on 15 lots), commercial/non-residential development, recreational/open space improvements, roadway improvements, and related utility infrastructure improvements.
Environmental issues being addressed in the EIR include impacts to traffic and transportation, air quality, greenhouse gas emissions, energy resources, noise, geologic hazards, aesthetics, public services, utilities, and plan consistency. Special attention has been made to sensitive biological resources, due to habitat for special-status species, and tribal cultural resources, due to consultation with Tribes. Public circulation of the EIR is anticipated in Fall 2023.
Staff: Teri Wissler Adam (project management); Ron Sissem (GHG section of EIR); Shoshana Lutz (preparation of EIR); and Janet Walther (biological resources).
San Juan Bautista to Hollister Sanitary Sewer Main CEQA/NEPA Compliance and Environmental Permitting, City of San Juan Bautista (2023) On behalf of the City of San Juan Bautista, EMC Planning Group prepared all environmental documentation necessary for project compliance with CEQA, as well as with NEPA as the city had applied for fundings through the US Environmental Protection Agency (US EPA) and the US Department of Agriculture (USDA). The proposed project includes repurposing San Juan Bautista’s existing waste water treatment plant influent pump station and development of a new 10-inch A.8.b
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Section 4.0 Qualifications 4-4 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 diameter high-density polyethylene force main that would carry effluent from San Juan Bautista’s existing waste water treatment plant to a manhole just upstream of the Hollister Domestic waste water treatment plant influent pump station.
A CEQA-Plus IS/MND was prepared for the City and EPA, and an Environmental Report was prepared for USDA. Environmental documentation in compliance with NEPA was prepared separately for each agency, as every Federal agency has their own NEPA-compliance and documentation compliance. Other documentation included all required noticing and document distribution, a mitigation monitoring and reporting program, and response to public comments. The documentation addresses all required environmental issues, but focused on sensitive biological and archaeological resources. The City of San Juan Bautista adopted the mitigated negative declaration in December 2021. Based on the sensitive biological issues in the project vicinity, environmental permits from the US Army Corps of Engineers, the US Fish and Wildlife Service, the California Department of Fish and Wildlife, and the Regional Water Quality Control Board were required, and EMC Planning Group assisted the City of San Juan Bautista with obtaining those permits. As a part of this application process, EMC Planning Group also conducted a wetland delineation and rare plant surveys, and prepared a biological assessment. EMC Planning Group will also be providing biological monitoring services during the construction phase of the project.
Staff: Teri Wissler Adam (project management); Ron Sissem (GHG section of initial study); Shoshana Lutz (assistance with NEPA documentation); Janet Walther (manage biological resources component of CEQA and NEPA documentation); and Patrick Furtado (preparation of biological resources section of initial study) Bridge Road Outfall and Stormwater Improvements at the Industrial Wastewater Treatment Plant Projects, City of Hollister (2021)
EMC Planning Group prepared an initial study to evaluate the environmental impacts of proposed improvements to the City of Hollister Industrial Wastewater Treatment Plant and the Bridge Road Outfall to treat stormwater. The project was approved. It included two separate, but related projects to treat stormwater; the first project will be to install a full capture system at the Bridge Road Outfall to treat the stormwater before it reaches the San Benito River and the second project consists of improvements at the wastewater treatment plant and includes a full capture system and a stormwater diversion structure at the Apricot Lane outfall and a stormwater diversion structure at South Street, to replace an existing manhole. The projects are proposed to comply with storm water quality requirements of the Regional Water Quality Control Board.
The environmental evaluation focused on the following issues: archaeological resources and biological resources (San Joaquin kit fox, California tiger salamander, California red-legged frog, western spadefoot toad, western pond turtle, burrowing owl, prairie falcon, western red bat, and western mastiff bat.
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Section 4.0 Qualifications 4-5 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 The project began in July 2020 and was approved in June 2021.
Staff: Teri Wissler Adam (project management); Shoshana Lutz (preparation of initial study); Janet Walther (manage biological resources tasks); and Patrick Furtado (prepare biological resources section of initial study).
References
County of San Benito
Stan Ketchum, Contract Planner
Resource Management Agency
2301 Technology Parkway
Hollister, CA 95023
(831) 637-5313
[email protected]
Abraham Prado, Director of Planning and Building
Resource Management Agency
2301 Technology Parkway
Hollister, CA 95023
(831) 902-2273
[email protected]
City of San Juan Bautista
Brian Foucht, AICP
Asst. City Manager / Community Development Director
311 Second St. – PO Box 1420
San Juan Bautista, CA 95045
831-623-4661 x 20 (office)
831-207-5430 (cell)
[email protected]
Don Reynolds
City Manager
311 Second St. – PO Box 1420
San Juan Bautista, CA 95045
831-623-4661
[email protected]
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Section 4.0 Qualifications 4-6 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
4.2 WJV Acoustics
WJV Acoustics, Inc., formerly Brown‐Buntin Associates, Inc. (BBA), is a full‐service acoustical consulting firm which specializes in the measurement, modeling and evaluation of environmental and transportation noise and architectural acoustics. BBA was originally established in 1981 by Robert E. Brown and Jim Buntin in Visalia, California. Beginning January 1, 2015, BBA began operating as WJV Acoustics, Inc.
WJV Acoustics utilizes state‐of‐the‐art sound measurement and analysis equipment, coupled with computer data management and modeling capabilities, to quantify noise from construction, aircraft, traffic, rail, industrial/commercial and other sources. WJV Acoustics has prepared hundreds of acoustical analyses over the past 30 years. WJV Acoustics has prepared general plan noise elements and/or noise element updates for approximately 50 California jurisdictions. Additionally, WJV Acoustics prepares environmental noise assessments for CEQA and NEPA documents, prepares noise exposure studies for airports of all sizes, and consults with architects concerning the acoustical design of schools, office buildings and performing arts facilities. WJV Acoustics has made numerous public presentations.
WJV Acoustics has completed noise studies for a number of projects that were considered controversial by local citizens. Many of these projects have included extensive public testimony, demonstrations of noise monitoring procedures, and a thoughtful approach to study design, analysis and document preparation so that complex technical information could be effectively presented to non‐technical persons. WJV Acoustics has fostered a strong reputation within the environmental community as a consultant able to provide sound and defensible work while maintaining a high level of client attentiveness that separates WJV Acoustics from other firms.
Representative Projects
Aspen Park Residential Development, City of Hollister (2021) The project was a proposed residential development, to be located within the City of Hollister. WJV Acoustics conducted ambient noise monitoring and traffic noise measurements in the vicinity of the project site, traffic noise modeling, and preparation of an acoustical analysis report. The acoustical analysis quantified project‐site traffic noise exposure in order to determine the need for mitigation measures to comply with the City of Hollister exterior and interior noise level standards.
Staff: Walter J. Van Groningen (prepared the acoustical analysis report and conducted the monitoring) City of Fresno Motels Conversion Project, City of Fresno (2022) The project was the conversion of four (4) existing motel sites within the City of Fresno, to homeless and low‐income affordable housing. WJV Acoustics performed an initial assessment of exterior noise exposure and interior noise exposure. WJV Acoustics conducted continuous 24‐hour noise monitoring at the four project sites for a period of five (5) days. Additionally, WJV Acoustics A.8.b
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Section 4.0 Qualifications 4-7 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 conducted outdoor‐to‐indoor noise level reduction (NLR) measurements do calculate the existing interior noise exposure provided by the existing hotel envelope. WJV Acoustics prepared reports providing the methodology and data from the four assessments.
Staff: Walter J. Van Groningen (prepared the reports and conducted the monitoring) Greentree Development Specific Plan Project, City of Vacaville (2021) The project included the conversion of existing golf course property to a mixed‐use development, to include residential land uses, retail/commercial land uses as well as public parks and open space.
WJVA conducted ambient noise monitoring throughout the project site, traffic noise modeling, and preparation of an Environmental Noise Assessment as part of the Environmental Impact Report prepared for the project.
Staff: Walter J. Van Groningen (prepared the environmental noise assessment and conducted the monitoring)
4.3 Hexagon Transportation Consultants
Hexagon Transportation Consultants, Inc. was founded in 1998 in San Jose, California with the goal of providing top-quality, professional transportation consulting services to private and public entities. Hexagon provides services in all major aspects of transportation planning and traffic engineering. Hexagon has built its firm around three fundamental principles. First, delivering the highest quality work with findings that are double checked and presented clearly and concisely.
Second, delivering work products when promised. Lastly, Hexagon is accessible and responsive.
Hexagon’s staff members have prepared thousands of studies, both large and small, over their professional careers. Hexagon’s public clients include city, county and state agencies and regional planning organizations. Hexagon has a wide range of private clients including technology companies, developers, architects, civil engineers, and environmental firms.
Hexagon provides a wide range of services including, but not limited to: countywide and citywide circulation; traffic impact fee studies; corridor studies; traffic safety studies; specific plans; site review studies; parking studies; traffic impact analyses’ traffic simulation; and travel demand forecasting models. Over the past ten years, Hexagon staff have prepared well over 500 transportation impact studies and circulation sections of EIRs for all types of new development in numerous jurisdictions.
Transportation impact studies typically include extensive intersection and roadway traffic counts as well as intersection level of service analyses and are almost always prepared at the direction of city or county staff.
Representative Projects
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Section 4.0 Qualifications 4-8 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023 Benito County. Hexagon has also completed the Circulation Elements for the San Benito County and Hollister General Plans. A few representative projects that have recently been completed in San Benito County and Hollister are described below:
Rajkovich Residential, City of Hollister (2023)
Hexagon Transportation Consultants, Inc. completed a Transportation Analysis (TA) for the Rajkovich Way residential development project located at the southwest corner of the Rajkovich Way and San Juan Road intersection in Hollister, California. The project as proposed consists of the construction of 50 multi-family residential units that will include 10 live/work units on a currently vacant site. The transportation analysis documented the impacts to the surrounding transportation system associated with developing the proposed project. The TA consisted of a California Environmental Quality Act (CEQA) required vehicle-miles-traveled (VMT) analysis and a supplemental traffic operations analysis that demonstrated the project’s consistency with the City of Hollister General Plan goals and policies. The TA was evaluated following the standards and methodologies set forth in the City of Hollister Draft SB 743 Implementation Guidelines.
Staff: Robert Del Rio (project management) and Luis Descanzo (prepare transportation analysis) Ridgemark Residential, County of San Benito (2020-2022) Hexagon Transportation Consultants, Inc. completed a traffic impact analysis for the proposed Ridgemark residential development in San Benito County, California. The project consists of the addition of 190-residential units, commercial uses, and a hotel to the existing Ridgemark Golf Club and Resort development located along Airline Highway. The traffic impact analysis documented the impacts to the surrounding transportation system associated with developing the proposed project.
The potential impacts of the project were evaluated in accordance with the standards set forth by the City of Hollister, San Benito County, and Caltrans. The study included an analysis of 19 intersections and three highway segments. The study also included an evaluation of the project’s effect on Vehicle-Miles-Traveled (VMT) per Senate Bill 743 and CEQA guidelines.
Staff: Robert Del Rio (project management)
New Behavioral Health Center IS/MND, City of Hollister (2019) Hexagon Transportation Consultants teamed with EMC Planning Group on preparation of environmental documentation for the proposed construction of a health center located in the City of Hollister. The project included a lot line adjustment to combine the two parcels that constitute the project site and development of the one-story 17,212 square foot New Behavioral Health Center.
The new facility will replace the existing behavioral health center located immediately to the west.
The traffic impact analysis evaluated the effects of the proposed development on key transportation facilities in the vicinity of the project area. The study includes an analysis of traffic conditions at six intersections, including the project site driveway, and an evaluation of site access, on-site circulation, and parking.
Staff: Gicela Del Rio (project management and preparation of the traffic impact analysis).
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Section 5.0 Financial Capacity 5-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
5.0 Financial Capacity
EMC Planning Group’s most recent audited financial statements for the year ending 12/31/22 can be found in Attachment E. This statement consists of the profit and loss statement and balance sheet. EMC Planning Group is not aware of any administrative proceedings, claims, lawsuits, or other pending exposures.
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Section 6.0 Fee Proposal 6-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
6.0 Fee Proposal
EMC Planning Group’s fee proposal can be found on the following page.
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Task
Staff Senior
Principal
Associate
Planner
Principal
Biologist
Senior
Biologist Graphics Production
Manager
Admin./
Production
Billing Rate (Per Hour) $275.00 $165.00 $210.00 $170.00 $140.00 $125.00 $115.00 Task 1 Project Management/Consultation 6.0 14.0 0.0 0.0 0.0 0.0 3.0 23.0 $4,305.00 Task 2 Research and Development 2.0 5.0 1.0 3.0 0.0 0.0 0.0 11.0 $2,095.00 Task 3 Technical Analyses 0.0 17.0 0.0 6.0 1.0 0.0 1.0 25.0 $4,080.00 Task 4 Screencheck Draft IS/MND 8.0 74.0 2.0 24.0 10.0 4.0 0.0 122.0 $20,810.00 Task 5 Public Review IS/MND 1.0 8.0 0.0 0.0 2.0 1.0 0.0 12.0 $2,000.00 Task 6 Response to Comments and MMRP 2.0 12.0 0.0 0.0 0.0 3.0 0.0 17.0 $2,905.00 Task 7 Public Hearings 12.0 8.0 0.0 0.0 0.0 0.0 0.0 20.0 $4,620.00 Subtotal (Hours)31.0 138.0 3.0 33.0 13.0 8.0 4.0 Total Hours Total Cost Subtotal (Cost)$8,525.00 $22,770.00 $630.00 $5,610.00 $1,820.00 $1,000.00 $460.00 230.0 $40,815.00 Additional Costs
Production Costs
Travel Costs
Postal/Deliverables
Miscellaneous (CNDDB)
Administrative Overhead 15%
Total
Subconsultant Fees
WJV Acoustics (30 hours)
Hexagon Transportation Consultants (160 hours)
Subconsultant Overhead 15%
Total
Total Costs
NOTE: This proposal is valid for 180 days
$5,750.00
$38,250.00
$91,692.15
$6,600.00
$50,600.00
$25.00
$277.15
$36.15
$0.00
$216.00
$0.00
Meridian Village Project IS/MND Budget
EMC Planning Group Inc.
Total CostTotal
Hours
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Section 7.0 Disclosure 7-1 EMC Planning Group
Meridian Village Project IS/MND Proposal October 30, 2023
7.0 Disclosure
EMC Planning Group does not have any past or current business or personal relationships with any current City of Hollister elected official, appointed official, City employee, or family member of any current City of Hollister electric official, appointed official, or City employee.
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Section 8.0 Ex Parte Communications 8-1 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023
8.0 Ex Parte Communications
EMC Planning Group’s signed Ex Parte Communications form can be found on the following page.
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CITY OF HOLLISTER | REQUEST FOR PROPOSALS | MERIDIAN VILLAGE PAGE 1
Exhibit C
EX PARTE COMMUNICATIONS
Proposers and Proposers’ representa�ves should not communicate with the City Council members about this RFP. In addi�on, Proposers and Proposers’ representa�ves should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evalua�on panel, with the excep�on of the RFP Facilitator, regarding this RFP un�l a�er Contract Award. Proposers and their representa�ves are not prohibited, however, from making oral statements or presenta�ons in public to one or more representa�ves of the City during a public mee�ng. A "Proposer" or "Proposer's representa�ve" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or en�ty who has been requested by the Proposer to contact the City on the Proposer's behalf. Please indicate by signing below one of the following two statements.
Only sign one statement.
I cer�fy that Proposer and Proposer’s representa�ves have not had any communica�on with a City Councilmember concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP at any �me a�er September 19, 2023.
________________________________
OR
I cer�fy that Proposer or Proposer’s representa�ves have communicated a�er September 19, 2023 with a City Councilmember concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP. A copy of all such communica�ons is atached to this form for public distribu�on.
_____________________________________
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Section 9.0 Agreement Alterations 9-1 EMC Planning Group Meridian Village Project IS/MND Proposal October 30, 2023
9.0 Agreement Alterations
We respectfully request the following changes to the City’s sample Professional Services Agreement.
Section 8 - Insurance
Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $2 million each occurrence and $4 million in the aggregate; (ii) commercial automobile liability insurance with limits not less than $1 million each occurrence and $_____________ in the aggregate; Section 27 – Ownership of Documents
Contractor will provide the City with a complete set of Documents, and will retain, on the City's behalf, the originals or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than fifteen (15) years for a period of no less than seven (7) years.
Contractor shall promptly make available to City any original documents it has retained under this Agreement upon request by the City.
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Hexagon Transportation Consultants
Scope of Work and Hours A
ATTACHMENT
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October 19, 2023
Ms. Shoshana Lutz
EMC Planning Group
601 Abrego Street
Monterey, CA 93940
Subject: Proposal to Prepare a VMT Evaluation and Traffic Operations Analysis for the Proposed Meridian Village Residential Development
Ms. Lutz:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a Vehicle Miles Traveled (VMT) evaluation and traffic operations analysis for the proposed Merdian Village residential development project located at the southwest corner of the State Route 25 and Merdian Street intersection in Hollister, California. The project as proposed consists of the construction of 219 multi-family residential units on a currently vacant site.
The following scope of services was developed by Hexagon staff based on our understanding of the project and requirements of the City of Hollister. A draft scope of work as outlined in the tasks below will be submitted to City staff for their review. We will inform you if the City requests additional work elements not included in the scope of work below.
SCOPE OF SERVICES
Historically, traffic impact analysis has focused on the identification of traffic impacts and potential roadway improvements based on delay to relieve traffic congestion that may result due to proposed/planned growth. However, with the adoption of Senate Bill (SB) 743 legislation, public agencies are required (effective July 2020) to base transportation impacts on VMT rather than level of service that typically uses delay as its metric. The change in measurement is intended to better evaluate the effects on the state’s goals for climate change and multi-modal transportation.
Therefore, an evaluation of the project’s effect on VMT must be completed along with a supplemental traffic operations analysis. Peak hour intersection level of service analysis will be completed at a limited number of intersections as part of the traffic operations analysis. However, the determination of project impacts per CEQA requirements will be based solely on VMT metrics.
VMT Evaluation
All new development projects within the City of Hollister are required to evaluate their effects on the transportation system using the Vehicle Miles Traveled (VMT) metric and methodology outlined in the City of Hollister Draft Senate Bill 743 Implementation Guidelines, September 2020. The following specific tasks are proposed to be completed as part of the CEQA analysis:
1. VMT Evaluation. A VMT evaluation for the project will be completed using the City of Hollister VMT Evaluation Tool.
2. Description of Impacts and Mitigation. Based on the results of the VMT evaluation, impacts due to the site generated VMT will be identified and described. Mitigation of VMT impacts could include improvements to the transit, bicycle, and pedestrian infrastructure. In addition, the A.8.b
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implementation of Travel Demand Management (TDM) measures that promote multi-modal travel and reduce the use of single-occupant automobile travel for the purpose of meeting VMT reduction goals may be required.
Traffic Operations Analysis
The purpose of the traffic operations analysis is to evaluate the effects of the site development on key intersections in the vicinity of the project area. Preliminarily, we have identified the need to study up to eight intersections as part of the study. The final list of study intersections will be identified in consultation with City staff. The study will include an evaluation of intersection levels of service analysis and traffic signal warrant checks at the identified study intersections. Each of the identified study intersections will be evaluated for adverse effects during the AM and PM peak commute hours.
Our scope and budget includes the evaluation of one development scenario. Conducting analysis for and evaluating alternative project descriptions or phases will require additional time and budget.
Study Scenarios
The proposed study scenarios are summarized below.
Existing Conditions: Existing traffic volumes on the existing roadway network. Existing Plus Project Conditions: Existing traffic volumes + proposed project trips on the existing roadway network.
Background Conditions: Existing traffic volumes + trips from approved development projects. Background Plus Project Conditions: Existing traffic volumes + trips from approved development projects + proposed project trips.
Cumulative Conditions: Future traffic projections with and without proposed project trips on the planned roadway network.
Study Intersections
Traffic conditions at the following intersections will be evaluated:
1. SR 25 and San Felipe Road
2. SR 25 and Santa Ana Road
3. SR 25 and Merdian Street
4. SR 25 and Hillcrest Road
5. SR 25 and East Park Street
6. SR 25 and Sunnyslope Road
7. Meridian Street and Vintage Way (unsignalized)
8. Meridian Street and Recht Street (unsignalized)
Additional locations will require authorization and additional budget.
Study Tasks
The tasks to be included for the traffic operations analysis are as follows:
1. Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane A.8.b
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configurations, traffic control devices, intersection traffic signal cycle lengths, and surrounding land uses.
2. Data Collection. Existing weekday AM and PM peak-hour traffic volumes at the existing study intersections will be obtained from new peak hour counts at each of the intersections.
3. Evaluation of Existing Conditions. The existing traffic conditions at the study intersections will be evaluated with SYNCHRO software using the 2010 Highway Capacity Manual (HCM) level of service methodology and current peak-hour volumes. Unsignalized intersections also will be analyzed using peak hour traffic signal warrants.
4. Site Traffic Projections. Based on the proposed development size and land use, site- generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE’s Trip Generation. The directional distribution of site- generated traffic will be developed based on existing traffic patterns in the area, the available roadway network, and the locations of complementary land uses. The site-generated traffic will be added to the roadway network based on this trip distribution pattern. The preliminary trip generation estimates, trip distribution pattern, and trip assignment will be submitted to the City for review and approval prior to inclusion in the traffic study.
5. Evaluation of Existing Plus Project Conditions. Project-generated traffic will be added to existing traffic volumes to yield existing plus project traffic volumes. Intersection level of service calculations will be conducted using SYNCHRO to estimate the operating levels of service at the study intersections during the AM and PM peak hours under existing plus project conditions.
6. Evaluation of Background Conditions. Lists of approved development projects (including size, use, and location) will be obtained from San Benito County and City of Hollister. Hexagon will develop trip generation estimates and trip distribution patterns for approved projects in the vicinity of the study area. The approved trips will be added to the existing peak-hour volumes to obtain traffic volumes for background conditions. Roadway improvements associated with approved developments will be assumed as directed by City staff. Intersection levels of service under background conditions will be evaluated using SYNCHRO.
7. Evaluation of Background Plus Project Conditions. Project trips will be added to background traffic volumes to yield traffic volumes under background plus project conditions.
Intersection levels of service under background plus project conditions will be evaluated using SYNCHRO. Background plus project conditions will be compared to background conditions for the purpose of identifying potential project impacts.
8. Evaluation of Cumulative Conditions. Lists of pending developments will be obtained from San Benito County and the City of Hollister. Hexagon will develop trip generation estimates and trip distribution patterns for the pending projects in the vicinity of the study area. Trips from the pending developments will be added to the background peak-hour volumes to estimate traffic volumes for cumulative no-project conditions. Roadway improvements associated with cumulative developments will be assumed as directed by City staff. Site-generated traffic estimated in Task 4 will be added to cumulative no-project traffic volumes to yield traffic conditions under cumulative plus project conditions. Intersection level of service calculations will be conducted to estimate the operating levels during the AM and PM peak hours under cumulative no-project and cumulative with project conditions. Cumulative project impacts will A.8.b
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be evaluated relative to cumulative no-project conditions. Intersection levels of service under cumulative conditions will be evaluated using SYNCHRO .
9. Signal and Stop Sign Warrant Analysis. The need for signalization or implementation of roundabouts or stop signs at the unsignalized study intersection will be evaluated on the basis of the Peak-Hour Warrant (Warrant 3 – Part B) and guidance for the implementation of stop signs in the California Manual on Uniform Traffic Control Devices. The warrants will be evaluated using peak-hour volumes for all study scenarios.
10. Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project’s effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the traffic report.
11. Site Access and Circulation Analysis. Site access will be evaluated based on locations of the proposed project site entrances. This will include a qualitative analysis of the access to the project parcel, evaluation of the number and location of the access points and required control devices at the access points. Vehicle queuing and vehicle storage capacity at proposed entrances to the project site also will be evaluated. A review of the project site circulation concept will be performed to determine if adequate on-site circulation is provided and to identify any access or circulation issues that should be resolved. Necessary improvements will be identified. We will work with City staff to identify the appropriate roadway design standards that should be used for evaluating the adequacy of the on-site roadway network. In addition, a planning level review of the existing and planned roadway system will be conducted to ensure that adequate connectivity from the project parcel to the roadway system is provided. Off-site roadway improvements necessary to provide adequate access to/from the project site will be identified.
12. Description of Impacts and Recommendations. Based on the results of the level of service calculations and signal warrant analyses, impacts of the site-generated traffic will be identified and described. Recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant project impacts. Improvements could include street widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic signals. Additionally, mitigation and/or traffic impact fees associated with any individual and/or cumulative project impacts will be described.
Reports
Hexagon’s findings and recommendations will be summarized in an administrative draft report.
Following review and comment (on the administrative draft) by project staff, a draft report will be submitted for review by City staff. Hexagon will prepare a final report that addresses all of the comments received from City staff. This final report will be included in the environmental document.
Following public review and comment, Hexagon will assist with responding to public comments, with a maximum of four hours of staff time allocated to respond to public comments.
Meetings
Our cost estimate includes Hexagon staff attendance at up to one meeting with City staff and/or or the project team in connection with the project. Attendance at additional meetings, public hearings, and neighborhood or community meetings would require authorization and additional budget and would be billed as Additional Services.
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ADDITIONAL SERVICES
Any work not specifically referenced in the above Scope of Services—for example analyzing a different project description, conducting more than the eight identified peak hour intersection counts, analyzing additional development scenarios, conducting other technical analyses not described above, attending public hearings, and providing feasibility drawings or cost estimates for mitigation measures—shall be considered additional services. Additional services will require additional budget and time.
TIME OF PERFORMANCE
Barring any unforeseen delays, an administrative draft report will be submitted six weeks after: (1) authorization to proceed and (2) Hexagon’s work scope is approved by the City. The draft and final reports will be delivered one week after receipt of all respective review comments. We are ready to start work on this project immediately upon authorization.
COST OF SERVICES
The cost for services rendered under this agreement will be a lump sum amount of $38,250 which includes completion of both the VMT Evaluation and Traffic Operations scope tasks, as outlined in our Scope of Services. A breakdown of task costs is provided in the table below.
Billings will be conducted monthly, on a percent complete basis. Additional Services shall be provided upon authorization and, if requested, will be billed separately. This price quote is good for 30 days. This price quote assumes all project-related activities will be completed within one year.
An extended project schedule may require additional budget for project administration. We can provide you with a copy of our standard contract upon request.
We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Robert Del Rio, T.E.
Vice President and Principal Associate
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Task Cost Breakdown 10/19/23
Meridian Village Residential
Staff Hours
Principal Associate Admin Total Staff
Robert
Del Rio
Luis
Descanzo
Hours Staff Hours
Direct Total
$285 $195 $120 Hours Cost /a/ Cost
Task Description
VMT Evaluation
1 Evaluation of Vehicle Miles Traveled (VMT) 6.0 8.0 14.0 $3,270 2 Description of Impacts and Recommendations 2.0 4.0 6.0 $1,350 Traffic Operations Analysis
1 Site Reconnaissance 0.0 4.0 4.0 $780
2 Data Collection 0.0 2.0 2.0 $3,600 $3,990
3 Evaluation of Existing Conditions 0.0 8.0 8.0 $1,560 4 Site Traffic Projections 1.0 2.0 3.0 $675
5 Evaluation of Existing Plus Project Conditions 0.0 8.0 8.0 $1,560 6 Evaluation of Background Conditions 2.0 8.0 10.0 $2,130 7 Evaluation of Background Plus Project Conditions 0.0 8.0 8.0 $1,560 8 Evaluation of Cumulative Conditions 2.0 8.0 10.0 $2,130 9 Signal Warrant Analysis 0.0 4.0 4.0 $780
10 Bicycle, Pedestrian, and Transit Facilities 1.0 4.0 5.0 $1,065 11 Site Access and Circulation Analysis 4.0 4.0 8.0 $1,920 12 Description of Impacts and Recommendations 4.0 4.0 8.0 $1,920 Reports 16.0 40.0 2.0 58.0 $12,600
Meetings 2.0 2.0 4.0 $960
Project Totals 40 118 2 160 $ 3,600 $ 38,250
/a/ Direct costs are associated with data collection costs.
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ATTACHMENT
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Teri Wissler Adam
SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Ms. Wissler Adam joined the EMC Planning Group in 1991. Her area of expertise is in California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) compliance.
Ms. Wissler Adam directs the CEQA and NEPA compliance projects for the firm. She has been responsible for a large variety of private projects, including residential, commercial, industrial, mixed-use, and large specific plan and general plan projects. She has also managed several projects for public facilities, such as recycled water projects, roadway projects, bikeway projects, bridge projects, elementary schools, high schools, and college campuses, and other public facilities, such as health clinics, landfills, child development centers, and federal research facilities. She has represented public clients throughout Monterey County, San Benito County, Santa Clara County, Merced County, San Luis Obispo County, San Mateo County, Santa Cruz County, and as far south as Los Angeles County.
EDUCATION
B.S. California Polytechnic State University
at San Luis Obispo, Business
Administration, Concentration in
Environmental Management, 1991
PROFESSIONAL ACHIEVEMENTS
Presenter, CEQA Seminar, Lorman
Education Services
Presenter, CEQA Workshop, Association
of Environmental Professionals
Member, Association of Environmental
Professionals
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
Past Director/President/Newsletter Editor,
Monterey Bay Area Chapter, Association
of Environmental Professionals
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
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STAFF RESUME | EMC Planning Group
Shoshana Lutz
A SSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Mrs. Lutz joined the firm in 2017 with the primary responsibility of writing initial studies, environmental impact reports, and categorical exemptions in compliance with the California Environmental Quality Act (CEQA). Mrs. Lutz also prepares categorical exclusions under the National Environmental Policy Act (NEPA).
She has experience across a range of project types including residential and commercial development, school sites, recreation facilities, and coastal development/infrastructure. In addition to her environmental work, Mrs. Lutz provides private clients with permit processing and entitlement assistance as well as ongoing municipal planning assistance and representation at public meetings.
Prior to joining EMC Planning Group, Mrs. Lutz worked for the City of Carmel-by-the-Sea in the Community Planning and Building Department. Her responsibilities included assisting with preliminary plan check review for building and planning applications, conducting preliminary site assessments on residential properties, and conducting preliminary design reviews in residential and commercial areas.
EDUCATION
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, Emphasis in Ecology and Natural
Resources, 2014
PROFESSIONAL ASSOCIATION
Member, Association of Environmental
Professionals
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STAFF RESUME | EMC Planning Group
Ron Sissem, MRP
SENIOR PRINCIPAL
PROFESSIONAL EXPERIENCE
Mr. Sissem worked for EMC Planning Group for three years writing environmental impact reports in the 1980s before taking on international assignments with USAID and the World Bank. His international experience includes national resource and protected area management in Mongolia, environmental auditing/impact evaluation to address business development lending risks in Bosnia and Herzegovina, clean technology deployment in India to reduce greenhouse gas emissions, and environmental compliance for USAID-funded economic development projects.
In 2002, Mr. Sissem returned to EMC Planning Group and has been a principal since 2016. His primary responsibilities are to manage large land planning and environmental review projects. He assists public agencies with California Environmental Quality Act (CEQA) compliance for diverse, complex projects; manages preparation of specific plans and general plans; and manages planning and entitlement processes for private clients.
Mr. Sissem is the firm’s climate change/greenhouse gas emissions specialist. He manages climate change impact analyses for CEQA documents, consults local agencies on integrating climate planning strategies/policy/emission reduction measures into advanced planning documents (e.g. general plans and specific plans), and consults developers on climate change mitigation project design.
EDUCATION
M.R.P. University of North Carolina at Chapel
Hill, Urban and Regional Planning, 1995
B.S. University of California at Santa Barbara,
Geography, 1982
B.A. University of California at Santa Barbara,
Environmental Studies, 1982
PROFESSIONAL ACHIEVEMENTS
Awards, City of Salinas Economic
Development Element, 2014
Outstanding Planning Document-
Association of Environmental
Professional (2016)
Economic Planning and Development
Award of Excellence-American Planning
Association, California Chapter,
Northern Section (2015)
Economic Planning and Development
Award of Merit-American Planning
Association California Chapter (2015)
Presenter, Advanced CEQA Workshop,
Association of Environmental Professionals
(2009, 2010, 2013)
Authored “A Guide to Maximizing Profits and
Business Stability through Environmental
Management,” produced by the World Bank
Federation of Bosnia, Ministry of
Environment Achievement Award for
advancement of environmental management
in Bosnia
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STAFF RESUME | EMC Planning Group
Janet Walther, MS
PRINCIPAL BIOLOGIST
PROFESSIONAL EXPERIENCE
Ms. Walther joined the firm in 2003 and has been working in the field of biology since 2000. She is responsible for performing botanical and wildlife surveys; wetland and waters of the U.S. determinations; data analysis; and reports in support of management agreements, permits, and mitigation monitoring. She assists clients in complying with the Federal Endangered Species Act, California Endangered Species Act, Sections 401 and 404 of the Clean Water Act, California Fish and Game Code, and local (county and/or city) regulations.
Ms. Walther works with clients to design projects to avoid or minimize impacts to threatened and endangered species. Where impacts are unavoidable, she helps create mitigation strategies and the application documents necessary to obtain the required permits, including habitat conservation and land management plans.
In addition to her experience in biological survey and reporting, Ms.
Walther is responsible for preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). She produces a variety of graphics for use in environmental and natural resources documents and routinely works with ArcGIS, AutoCAD, and Adobe
Illustrator/Photoshop.
In previous positions, Ms. Walther inventoried both native and non- native species in compliance with regulatory requirements, and assisted in preparing California Energy Commission Applications for Certification for four major power plant projects in California. She also conducted biological survey work in southern California and the High Desert and wetland and endangered species survey work in Nevada, Arizona, Georgia, and Florida.
EDUCATION
M.S. California State University Monterey Bay,
Coastal Watershed Science and Policy,
2014
B.S. California Polytechnic State University at
San Luis Obispo, Ecology and Systematic
Biology, 2000 - Concentration:
Environmental Management
CERTIFICATES AND TRAINING
Biology and Management of California Tiger
Salamander Workshop, Elkhorn Slough
Coastal Training Program, 2007
Biology and Management of California Red-
legged Frog Workshop, Elkhorn Slough
Coastal Training Program, 2007
OSHA 40-hr HAZWOPER Certificate, 2001
and 8-hr Refresher Training, 2002-2007
California Pesticide Application Certification,
2003/2004
Army Corps of Engineers Wetland
Delineation Training, 2002
PROFESSIONAL ACHIEVEMENT
Contributor, Environmental Mitigation
Handbook, California’s Coalition for
Adequate School Housing, February 2009
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STAFF RESUME | EMC Planning Group
Patrick Furtado, MS
SENIOR BIOLOGIST
EDUCATION
M.S. San Francisco State University; Conservation Biology, 2012 B.S. University of California, Berkeley; Forestry and Natural Resource Management, 2007
CERTIFICATES AND TRAINING
Society of Wetland Scientists – Certified as Professional Wetland Scientist, PWS #3041, 2018
Morphology and Identification of Flowering Plants Workshop, Jepson Herbarium, 2006
Rare Plants of Eastern San Luis Obispo County Workshop, California Native Plant Society, 2010
Basic Wetland Delineation, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2010
Classification of Vernal Pool Plant Communities Workshop, California Native Plant Society, 2010
Plant Taxonomy Training, California Native Plant Society, 2010 Phylogeny, Taxonomy, and Name Changes in the California Flora Workshop, Jepson Herbarium, 2011
Measuring and Monitoring Plant Populations and Vegetation, California Native Plant Society, 2012
Wetland Hydrology Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2012
Grassland Ecology, Identification, and Monitoring Workshop, California Native Grasslands Association, 2012
California Natural Diversity Database Training, California Department of Fish and Wildlife, 2013
Wetland Indicator Plants Workshop, San Francisco State University, Romberg Tiburon Center’s Wetland Science Series, 2013
Amphibians of the San Francisco Bay Area Workshop, Laguna de Santa Rosa Foundation, 2014
Tidal Wetland Restoration and the Horizontal Levee Workshop, San Francisco Bay, National Estuarine Research Reserve, 2014 California Tiger Salamander Ecology Workshop, Laguna de Santa Rosa Foundation, 2015
Rare Pond Species Survey Techniques Workshop, Laguna de Santa Rosa Foundation, 2015
Field Practices: Hands-On Restoration Implementation and Maintenance, California Native Grasslands Association, 2015
PROFESSIONAL AND ACADEMIC ASSOCIATIONS
The Wildlife Society – Western Section
California Native Plant Society
PROFESSIONAL EXPERIENCE
Mr. Furtado joined the firm in 2020 and has been working in the fields of biology and regulatory compliance since 2008. He has extensive experience conducting field surveys in central California, in particular with special-status species such as burrowing owl, northern spotted owl, western
snowy plover, bank swallow, Swainson's hawk, Ridgway’s
rail, coho salmon, mission blue butterfly, vernal pool
branchiopods, giant garter snake, San Francisco garter
snake, San Francisco dusky-footed woodrat, salt marsh
harvest mouse, San Joaquin kit fox, and Tidestrom’s lupine.
He has been approved by the U.S. Fish and Wildlife Service as a qualified biologist for several projects involving California red-legged frog and California tiger salamander.
He conducts nesting bird surveys, focused botanical
inventories, and large-scale vegetation mapping. He is a plant and wildlife biologist with experience across a wide diversity of California habitats.
He helped design, implement, and monitor a variety of
wetland and riparian restoration projects. He has also
conducted regulatory agency coordination for wetland
issues with the U.S. Army Corps of Engineers, California Department of Fish and Wildlife, Regional Water Quality Control Board, and California Coastal Commission.
Mr. Furtado specializes in biological fieldwork, resource management, regulatory permitting, planning, and
preparation of technical reports. His expertise extends across a wide range of California ecosystems including
fresh and salt water marsh, riparian woodland, vernal pool, grassland, chaparral, oak woodland, coastal scrub, and
coniferous forest. He integrates multiple disciplines
including wildlife surveys, remote sensing and GIS analysis, riparian and wetland hydrology, plant systematics and
taxonomy, vegetation mapping and classification, fluvial geomorphology, habitat assessment, soil classification, wetland delineation, historical ecology, and invasive species management.
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STAFF RESUME | EMC Planning Group
Zane Mortensen, MS
ASSOCIATE PLANNER
PROFESSIONAL EXPERIENCE
Mr. Mortensen joined the firm in 2022 to provide support in the preparation of environmental planning and land use documents for a variety of development projects such as residential sites, schools, subdivisions, specific plans, hospitals, and recreational facilities. Primary responsibilities involve conducting air quality and greenhouse gas emissions modeling and analysis, as well as the preparation of environmental review documentation in compliance with
CEQA/NEPA regulatory standards.
In May 2019, he was awarded a Master’s of Science degree from the Environmental Science Graduate Program at California State University, Monterey Bay (CSUMB). During his academic career, he developed a range of skills to apply to environmental issues within the community while working on projects for both State and County entities. He also had the opportunity to participate in research focused on the development of water treatment technology aimed at remediating agricultural pollutants from local tributaries.
Upon receiving his Master’s of Science degree in Environmental Science from CSUMB, Mr. Mortensen was hired by the Rural Community Assistance Corporation to facilitate planning efforts that supported drinking water, wastewater, and stormwater infrastructure development for low-income rural communities. His role largely involved overseeing State funded consolidation efforts between small rural community water systems and larger local utility providers.
EDUCATION
M.S. California State University Monterey Bay,
Environmental Science, 2019
B.S. California State University Monterey Bay,
Environmental Science Technology and
Policy, 2017
A.S. Cerritos College, Natural Sciences, 2015
A.A. Cerritos College, Automotive Mechanical
Repair, 2013
CERTIFICATIONS & TRAINING
UC San Diego CEQA Practice
Certification, current enrollment
The Safe Drinking Water Act, 2019
Advanced Water Treatment, 2019
Successful completion Grade I
Wastewater Plant Operator Examination,
2014
PUBLICATIONS
Current Conditions and Restoration
Scenarios for the Carmel River and
Riparian Corridor at the Rancho Cañada
Parcel of Palo Corona Park: Carmel Valley
CA, Central Coast Watershed Studies,
March 2019
Hydrology and Water Quality of the Big Sur
Land Trust Property in Carr Lake, Central
Coast Watershed Studies, April 2019
Isolation of Microbial Populations with the
Ability to Use Pesticides as a Sole Carbon
Source in Multichannel Woodchip
Bioreactors under a Controlled
Environment, American Chemical Society,
October 2018
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ATTACHMENT
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WALTER J. VAN GRONINGEN
President
WJV Acoustics, Inc.
Experience:
Mr. Van Groningen is the founding consultant of WJV Acoustics, Inc. His technical skills include the prediction and analysis of aircraft, traffic, railroad and construction noise and the evaluation of community noise problems and litigation support. He has prepared technical noise studies for a variety of projects requiring CEQA or NEPA documentation and has developed noise level criteria and implementation programs for addressing noise‐related conflicts and long‐range noise compatibility planning. Mr. Van Groningen has particular expertise in preparing traffic noise assessments for federally funded roadway improvement projects using the Caltrans Protocol. Mr. Van Groningen has also prepared general plan noise elements and noise element updates for several California jurisdictions.
Mr. Van Groningen became involved in community noise control in 2005, when he joined the consulting staff at Brown‐Buntin Associates, Inc. Since that time, he has conducted short‐ and long‐term aircraft noise monitoring and acoustical testing for federally funded aircraft sound insulation programs and conducted and/or managed numerous environmental noise analyses, including the following:
Environmental noise assessments addressing aircraft, traffic, rail, commercial, industrial and construction sources for projects requiring CEQA/NEPA documentation. Many of these studies have involved controversial projects and significant public interest in the agency review process. Aircraft noise analysis and preparation of noise exposure maps and summary reports for Las Vegas McCarran and Reno‐Tahoe International Airports.
Federally funded school and/or residential sound insulation programs for Los Angeles, Reno‐Tahoe, Phoenix Sky Harbor and Anchorage Ted Stevens International Airports. General Plan Noise Elements for numerous California jurisdictions. Acoustical analyses and noise monitoring for numerous mining operations and construction projects.
Professional Affiliations:
Member, Institute of Noise Control Engineering.
Member, Acoustical Society of America.
Software Skills and Certifications:
FHWA Traffic Noise Model Certified
FAA Integrated Noise Model (INM)
Aviation Environmental Design Tool (AEDT2B)
Larson Davis Laboratories, AutoCAD, Microsoft Word, Microsoft Excel, SoundPLAN SoundPLAN Software & Noise Modeling Seminar
Education:
B.A. Physical/Environmental Geography, Humboldt State University, 1999. Post Graduate studies in Hydrology, California State University Chico, 1999‐2002.
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Hexagon Transportation Consultants Resumes D
ATTACHMENT
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Robert Del Rio, Vice President & Principal Associate
Education
Bachelor of Science in Civil Engineering, San Jose State University, San Jose, California
Professional Associations
Member of the Institute of Transportation Engineers
Registered Professional Traffic Engineer in the State of California (TR 2641) Experience
Since 1996, Mr. Del Rio has participated and managed a variety of traffic engineering and transportation planning projects for both the public and private sectors. These projects included the preparation of scopes of work, site traffic analyses, general plan amendment studies, traffic simulation & operations studies, detour plans, parking studies, parking designs, and surveys. Mr. Del Rio has a significant amount of transportation planning and traffic engineering project experience in San Benito County.
Representative Projects
• Transportation Planning
Site Traffic Impact Analyses/EIRs/Traffic Feasibility Studies for various office, retail, residential, manufacturing, and mixed-use developments throughout Northern and Central California. These studies included the estimation of proposed project impacts on the surrounding transportation system under existing and future traffic conditions, recommending mitigation measures, site-plan and circulation review, and parking layout review. Representative projects include: Rajkovich, Ridgemark, Chapell Road Annexation, and North Street residential developments and various residential, office, manufacturing, and R&D developments throughout the Bay Area.
General Plan Amendments for the Cities of San Jose and Morgan Hill. Using traffic forecasting models, projections were made to determine the effects of land use amendments on the supporting transportation system. The evaluations included projections of trips, VMT, and mode-choice. Major General Plan analyses include the Morgan Hill 2035 General Plan, Four-Year Review of the San Jose General Plan, and annual General Plan Amendment analyses for the City of San Jose.
Area-Wide Traffic Impact Analyses for the City of San Jose North San Jose Development Policy and Downtown Strategy Plan. The studies included an analysis of the effects of large area-wide development on transportation facilities not only within the development area, but also facilities located throughout Santa Clara County.
Traffic Simulation/Operations Studies to evaluate operations of existing and future transportation systems for both existing and future growth conditions. These studies included the use of the NETSIM animation software to conduct qualitative as well as the quantitative analysis produced using CORSIM.
Representative projects include: Downtown San Jose Traffic Operations, US 101/Bailey Interchange Operations, North Coyote Valley Transportation System, and US 101/Hellyer Interchange Operations.
Traffic Analysis for PSR/NEPA Environmental Assessment for the US 101/Tennant Interchange PSR, US 101/Bailey Interchange Operations, Autumn Street Extension in San Jose, and Charcot Avenue extensions over I-880. The traffic analysis for these projects typically included an evaluation of traffic operations for several improvement alternatives.
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Luis Descanzo, Engineer
Education
Bachelor of Science – Civil Engineering, California Polytechnic State University, San Luis Obispo
Professional Associations
Member, Institute of Transportation Engineers
Experience
Since joining Hexagon in 2017, Mr. Descanzo has participated in a variety of traffic engineering and transportation planning projects throughout the Bay Area. These projects include Transportation Impact Analysis (TIA) for environmental impact reports, site traffic analyses, transportation demand management (TDM) plans, and parking studies.
Mr. Descanzo has experience with Synchro/Simtraffic, AutoCAD, and TRAFFIX. Mr. Descanzo primarily utilizes the Highway Capacity Manual (HCM) methodology, California Manual on Uniform Traffic Control (CA MUTCD), and California Highway Design Manual (HDM) to evaluate traffic operations, project impacts, and roadway improvements. Mr. Descanzo also is proficient with Excel and Word.
Representative Projects
Traffic Impact Analyses for offices, hotels, residential subdivisions, apartments, retail centers, restaurants, and multiple-use developments in San Jose, Santa Clara, Gilroy, and Morgan Hill, California.
These analyses include part or all of the following: project trip generation and assignment, intersection level of service calculations using Traffix, freeway segment level of service analysis, CAD drawings, site access and circulation review, signal warrant analysis, and intersection operational analysis, and recommendations for mitigation measures. Representative projects include:
Voices School TIA – Morgan Hill, CA
Solar4America Hockey Facility Expansion TA – San Jose, CA Kelton Commercial Development TIA – Gilroy, CA
Muslim Community Association School TIA – Santa Clara, CA Transportation Demand Management (TDM) Plans for residential, hotel, office, and multiple-use projects. TDM plans incorporate services, incentives, facilities, and actions that help reduce single- occupant vehicle (SOV) trips to help relieve traffic congestion, parking demand, and air pollution problems based the project’s size and location. Representative projects include:
615 Stockton Avenue Hotel Development – San Jose, CA
3625 Peterson Way Office Development – Santa Clara, CA Little Portugal Mixed-Use Development – San Jose, CA
Operations Analyses using Synchro and Simtraffic to solve a variety of traffic problems. These included the evaluation of bicycle and pedestrian improvements to intersections within Downtown Hollister in Hollister, California.
Site Access Studies for the Zip-Thru Car Wash in Morgan Hill, California and Camino Arroyo Commercial Development in Gilroy, California. The studies included identifying existing and future access problems and developing several feasible design alternatives.
Parking Studies for the Kelton Commercial Development in Gilroy, CA. These studies included surveys of existing parking demand and calculations of required parking supply for the proposed projects.
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Financial Statements E
ATTACHMENT
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Dec 31, 22
ASSETS
Current Assets
Checking/Savings
General Checking (SCCB)16,740.65
Money Market (SCCB)451,587.40
Savings (1st Capital Bank)4,370.13
Total Checking/Savings 472,698.18
Accounts Receivable
Accounts Receivable-Trade 1,084,586.17
Total Accounts Receivable 1,084,586.17
Other Current Assets
Cash On Hand 373.08
Total Other Current Assets 373.08
Total Current Assets 1,557,657.43
Fixed Assets
Fixed Assets 1,012,706.10
Accum Depreciation (128,846.37)
Total Fixed Assets 883,859.73
Other Assets
Investments - DWD LLC (6,208.00)
Investments - US Treasuries 100,000.00
Deposits 1,396.75
Total Other Assets 95,188.75
TOTAL ASSETS 2,536,705.91
LIABILITIES & EQUITY
Liabilities
Current Liabilities
Accounts Payable
Accounts Payable (7,673.91)
Total Accounts Payable (7,673.91)
Credit Cards
Capital One Visa 7,716.73
Total Credit Cards 7,716.73
Other Current Liabilities
PTE Liability 713.00
Accrued Pension 39,375.66
Payroll Taxes Payable 688.56
Total Other Current Liabilities 40,777.22
3:32 PM EMC PLANNING GROUP, INC.
October 17, 2023 Balance Sheet
Accrual Basis As of December 31, 2022
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Dec 31, 22
Total Current Liabilities 40,820.04
Long Term Liabilities
Note Payable - Wissler (Stock)55,098.00
Total Long Term Liabilities 55,098.00
Total Liabilities 95,918.04
Equity
Capital Stock 158,943.86
Draws & Distributions (1,275,652.48)
Retained Earnings 3,248,282.32
Net Income 309,214.17
Total Equity 2,440,787.87
TOTAL LIABILITIES & EQUITY 2,536,705.91
3:32 PM EMC PLANNING GROUP, INC.
October 17, 2023 Balance Sheet
Accrual Basis As of December 31, 2022
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Jan - Dec 22
Ordinary Income/Expense
Income
Consulting Income 4,929,057.45
Total Income 4,929,057.45
Cost of Goods Sold
Payroll Taxes 156,218.78
Total COGS 156,218.78
Gross Profit 4,772,838.67
Expense
Advertising & Promotion 2,630.64
Automobile Expense 3,276.25
Bank Service Charges 535.00
Communications 14,964.71
Conferences & Seminars 5,597.73
Contributions 298.00
Depreciation 44,899.00
Documents & Fees For Clients 14,594.69
Insurance 190,411.97
Licenses & Permits 5,974.75
Memberships & Subscriptions 18,275.94
Miscellaneous 8,338.09
Outside Services 1,315,757.16
Pension Plan 39,375.66
Postage & Delivery 3,767.40
Printing & Copying 356.34
Professional Fees 15,607.90
Publications & Manuals 225.86
Rent 223,099.29
Repairs & Maintenance 58,581.33
Salaries & Wages 2,357,513.94
Small Tools & Supplies 11,395.95
Supplies Office & General 12,429.18
Taxes 1,048.17
Travel & Entertainment 18,802.80
Utilities 4,958.23
Total Expense 4,372,715.98
Net Ordinary Income 400,122.69
Other Income/Expense
Other Income
Disposition of Assets (77,270.00)
3:31 PM EMC PLANNING GROUP, INC.
October 17, 2023 Profit & Loss
Accrual Basis January through December 2022
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Jan - Dec 22
Interest Income 3,412.94
Other Income 9,018.54
Total Other Income (64,838.52)
Other Expense
PTE Tax Expense 24,038.00
FTB Corporation Tax Payments 2,032.00
Other Expense 0.00
Total Other Expense 26,070.00
Net Other Income (90,908.52)
Net Income 309,214.17
3:31 PM EMC PLANNING GROUP, INC.
October 17, 2023 Profit & Loss
Accrual Basis January through December 2022
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City of Hollister
Development Services Department
339 Fifth Street, Hollister, CA. 95023 Telephone (831) 636-4360 Fax (831) 634-4913
REQUEST FOR PROPOSALS
FOR
ENVIRONMENTAL CONSULTING SERVICES
Initial Study/Mitigated Negative Declaration
and technical studies
for Meridian Village TM 2022-21 and S&A 2022-15
Development Services Department
CITY OF HOLLISTER
Proposals Due By:
Monday, October 30, 2023
Development Services Department
339 Fifth Street, Hollister, CA 95023
(831)636-4360
[email protected]
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
REQUEST FOR PROPOSALS (RFP)
The City of Hollister (herein referred to as the “City”) issues this Request for Proposals (“RFP”) requesting proposals from a qualified public entity or private firm, to establish a contract for environmental services and technical studies, including an Initial Study/Mitigated Negative Declaration. The City shall contract with the selected firm(s) to provide the services pursuant to agreed-upon fixed rates and itemized cost schedules. The term is expected to last for one year.
Firms with experience in managing City of Hollister projects, particularly residential development projects, are encouraged to submit a proposal. Please note that any contract resulting from this RFP shall include all required contract provisions.
The environmental services requested are for the Meridian Village Project, a residential development which intends to subdivide a 12.75-acre parcel into 5 individual lots, with a total of 219 multifamily units. Lot 1 is proposed to be 89,104 square-feet, and includes five proposed apartment buildings, each with 18 units for a total of 90 apartment units, as well as a recreation center and private park area. Lots 2, 3, 4, and 5 are proposed to be 40,058 SF, 85,861 SF, 89,205 SF, and 50,163 SF respectively, and are each proposed to be developed with three-bedroom and four-bedroom townhome-style dwelling units, organized into 3-plex, 4-plex, 5-plex, and 6-plex buildings for a total of 129 townhome style multifamily (condominium) units.
1.BACKGROUND
The City of Hollister is comprised of a number of departments including the Development Services Department encompassed by Planning, Building, Housing, and Cannabis Affairs. Planning is the process by which public agencies, such as the City of Hollister, determine the intensity and pattern of various land uses in a community. Because the way that land is used and distributed in the community affects the general public, the environment and the economy, planning also involves environmental and socio-economic impact assessment, and the creation and enactment development of laws and regulations to shape and implement the community's goals. It also involves analyzing and evaluating the design for the physical layout of the community, and a public approval process to facilitate balanced decision-making.
The City engages in Planning to ensure that land is preserved and used in ways that are socially and economically desirable, in order to protect the quality of life of its citizens. The primary goal is to shape the physical environment in a way that benefits the needs of all citizens, while balancing competing public and private interests. So, Planning is necessary to help the community use its resources in a rational, efficient, fair and environmentally sound way. Current Planning activities include interpreting and enforcing planning, zoning and subdivision regulations, reviewing and processing use development proposals, creating and maintaining a land use inventory, technical and demographic research and analysis, interdepartmental and intergovernmental coordination and permit processing.
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2.SCHEDULE OF EVENTS
This request for proposal will be governed by the following schedule:
Release of RFP Monday, October 16, 2023
Deadline for Written Questions (4:00 PM) Monday, October 23, 2023 Responses to Questions Posted on Web Friday, October 27, 2023 Proposals are Due (4:00 PM) Monday, October 30, 2023
Approval of Contract November 2023
*All dates are subject to change at the discretion of the City
3.SCOPE OF WORK
The City of Hollister invites you to submit a proposal for environmental consulting services. Stewart Fahmy has submitted a Tentative Map and a Site & Architectural Review application to the City of Hollister for the following proposal:
A 12.75-acre multi-family residential project consisting of 219 units and a 16,170 square foot park and recreation facility. The project would include 129 two-story townhomes and 90 apartments in five three-story buildings. The proposal includes the subdivision of the existing 12.75-acre parcel into five parcels and 5 lots. The proposed project is located within the Neighborhood Mixed Use (NMU) Zoning District, south of Meridian Street and West of State Highway 25. The project site is further identified as Assessor’s Parcel Number (APN) 054-600-005, and is currently vacant and unimproved.
It is important to note that an Initial Study/Mitigated Negative Declaration was prepared in 2006 for this project site for the Guerra Prezoning, Zone Change, and C-District Review Project. However, the 2006 project proposed mixed uses, including up to 250,000 square feet of commercial uses and 120 multi-family residential units. The current project also comprises only a portion of the previously reviewed project/annexation area. Since the preparation of the Initial Study, the proposed project has been significantly revised and now known as the Meridian Village Project. The project location is the same; however, the area has since been annexed, and changes in the project require a re- analysis of the required CEQA topics.
The work activity includes preparation of an Initial Study/Mitigated Negative Declaration and associated technical studies. The environmental consultant shall also prepare responses to comments on the environmental document and studies as well as attend public hearings.
It should be noted that a Transportation Impact Analysis is also required to determine potential impacts to the Meridian Street and State Highway 25 Intersection. The transportation analysis shall include a Vehicle Miles Traveled (VMT) analysis as required by CEQA as well as a Level of Service (LOS) analysis to determine the need for any related traffic improvements as a result of the proposed project and to determine consistency with City of Hollister General Plan requirements. If it is determined that the potential for significant impacts exist or significant impacts related to air quality, or other environmental impacts are concluded as a result of the Initial Study, an amendment to the contract and Preparation of an Environmental Impact Report will be required.
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Technical Studies
Provided by the applicant:
•Meridian Stormwater Control Plan
•Preliminary Title Report
Provided by the City:
Background information on other aspects of the environmental review such as cultural and biological resources, land use, and public services impacts prepared for other projects and applicable to this project will be provided by the City.
Provided by the Consultant:
The consultant will be responsible for reviewing and incorporating the appropriate technical data submitted by the applicant and the preparation of additional technical studies as required by the California Environmental Quality Act (CEQA) to complete the environmental document. The consultant would be primarily responsible for preparation of all technical studies with the exception of the noted studies to be submitted by the applicant.
4.TENTATIVE PROJECT SCHEDULE (SUBJECT TO CHANGE)
Proposals Due Monday, October 30, 2023
Consultant Selection
Execution of PSA (City Council Approval May Be Req.)
Kick-Off Meeting
Screen check Draft Due to City for Review
Draft IS/MND Circulation
Response to Comments
Public Hearing(s)
November 2023
December 2023
December 2023
January 2023
January 2023
March 2023
April 2023
5.PROPOSAL FORMAT GUIDELINES
Interested contractors or entities are to provide the City of Hollister with a thorough proposal using the following guidelines:
Proposal should be typed using a 12-point font size (Arial is preferred), including transmittal letter and resumes of key people, but excluding Index/Table of Contents, tables, charts, and graphic exhibits. Each proposal will adhere to the following order and content of sections. Proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used.
Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and on providing a complete and clear description of the offer. Proposals which appear unrealistic in terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract may be rejected. The following proposal sections are to be included in the proposer’s response:
A.Proposer Identification Form and Cover Letter
Complete Appendix A, “Proposer Identification Form” and attach this form to the cover letter. A cover letter, not to exceed three pages in length, should summarize key elements of the proposal. An individual authorized to bind the consultant must sign the letter. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. Indicate the address and telephone number of the contractor’s office located nearest to Hollister, California and the office from which the project will be managed.
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B.Background and Project Summary Section
The Background and Project Summary Section should describe your understanding of the Project, the work to be done, and the objectives to be accomplished. Refer to Scope of Work of this RFP.
C.Methodology Section
Provide a detailed description of the approach and methodology to be used to accomplish the Scope of Work of this RFP. The Methodology Section should include:
a)An implementation plan that describes in detail
(i)the methods, including controls by which your firm or entity manages projects of the type sought by this RFP;
(ii)(ii) methodology for soliciting and documenting views of internal and external stakeholders;
(iii)(iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. b)Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. c)Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments. d)Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
e)Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired. f)Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.
D.Staffing
Provide a list of individual(s) who will be working on this project and indicate the functions that each will perform and anticipated hours of service of each individual. Include a resume for each designated individual. Upon award and during the contract period, if the contractor chooses to assign different personnel to the project, the Contractor must submit their names and qualifications including information listed above to the City for approval before they begin work.
E.Qualifications
The information requested in this section should describe the qualifications of the firm or entity, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include:
Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work.
A summary of your firm’s or entity’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal.
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For private Proposers, provide at least three references that received similar services from your firm. The City of Hollister reserves the right to contact any of the organizations or individuals listed. Information provided shall include:
o Client Name
o Project Description
o Project start and end dates
o Client project manager name, telephone number, and e-mail address.
Any public entity which submits a proposal should describe in detail how it currently performs services like those identified in the scope of work within its or other jurisdictions, including photographs, written policies and/or video of services provided. If you have performed these services under contract for another public entity, please provide references for those entities as set forth above for private Proposers.
F.Financial Capacity
Provide the Proposer's latest audited financial statement or other pertinent information such as internal unaudited financial statements and financial references to allow the City to reasonably formulate a determination about the financial capacity of the Proposer. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer.
G.Fee Proposal
All Proposers are required to submit a Fee Proposal with their proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Proposals shall be valid for a minimum of 180 days following submission.
H.Disclosure
Please disclose any and all past or current business and personal relationships with any current City of Hollister elected official, appointed official, City employee, or family member of any current City of Hollister elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.
I.Ex Parte Communications
Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting. A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf. Proposers shall include the Ex Parte Communications form (Appendix C) with their proposals certifying that they have not had or directed prohibited communications as described in this section.
J.Sample Agreement
The firm selected by the City will be required to execute an Professional Services Agreement (Agreement) with the City. The form of the Agreement is enclosed as Appendix B, but may be modified to suit the specific services and needs of the City. If a Proposer has any exceptions or conditions to the Agreement, these must be submitted for consideration with the proposal.
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Otherwise, the Proposer will be deemed to have accepted the form of Agreement.
K. Checklist of Forms to Accompany Proposal
As a convenience to Proposers, following is a list of the forms, included as exhibits to this RFP, which should be included with proposals.
1)Sample Agreement For Professional Service Agreement
2)Proposer Identification Form
3)Ex Parte Communications Form
A Fee Proposal providing tasks and billing rates shall be included. Each proposal shall be prepared simply and economically, avoiding the use of elaborate promotional material beyond those sufficient to provide a complete, accurate and reliable presentation.
L.Number of Proposals
The City requires an electronic submittal of proposals to facilitate group review and document distribution. No paper proposals will be accepted. The following guidelines are recommended.
1.An electronic proposal is to be e-mailed to the City designated contact (see page #), by the RFP due date, and time deadline.
2.Add the words (Meridian Village) to the subject line of the e-mail.
3.Follow up with a phone call or second email to confirm the proposal was received if you do not receive a confirmation within three (3) days.
4.All risks associated with emailing the Proposal are borne by Proposer.
5.The City email system will allow documents of up to ten (10) megabytes. Larger files should be linked to a compiled share drive or similar.
6.Do not zip the Proposal. The City email system will strip out any attachments that are in .zip format.
LI.Submission of Proposals
Complete written proposals must be emailed and received no later than 4:00 p.m. (P.S.T) on Monday, October 30, 2023. Proposals will not be accepted after this deadline.
LII.Inquiries
Questions about this RFP must be directed in writing, via e-mail to:
Magda Gonzalez, Senior Planner
[email protected]
The City reserves the right to amend or supplement this RFP prior to the proposal due date. All amendments, responses to questions received, and additional information will be posted to the City of Hollister - Bid Opportunities and RFPs | BidNet Direct Proposers should check this web page daily for new information. The City will endeavor to answer all written questions timely received no later than Monday, October 23, 2023. The City reserves the right not to answer all questions.
O.Conditions for Proposal Acceptance
This RFP does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all proposals received as a result of this RFP, to negotiate with any qualified source(s), or to cancel this RFP in part or in its entirety. The City may waive any irregularity in any proposal.
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information is contained in the proposal, it should be clearly identified.
6.EVALUATION CRITERIA
The City’s evaluation and selection process will be based on the following:
a.Qualifications identified in the proposal.
b.Understanding and scope of work.
c.Project team: Technical expertise and experience.
d.Firm’s related experience and references.
e.Cost of providing services.
f.Complete, clear and concise responses to items requested in the RFP. g.Responsiveness to questions.
7.EVALUATION OF PROPOSALS AND SELECTION PROCESS
A.Responsiveness Screening
Proposals will first be screened to ensure responsiveness to the RFP. The City may reject as non-responsive any proposal that does not include the documents required to be submitted by this RFP. At any time during the evaluation process, the City reserves the right to request clarifications or additional information from any or all Proposers regarding their proposals.
B.Initial Proposal Review
Staff will conduct initial review and score all responsive written proposals based upon the Evaluation Criteria set forth above. Staff may also contact Proposer's references.
Proposals that receive the highest evaluation scores may be invited to the next stage of the evaluation process. The City may reject any proposal in which a Proposer’s approach, qualifications, or price is not considered acceptable by the City. An unacceptable proposal is one that would have to be substantially rewritten to make it acceptable. The City may conclude the evaluation process at this point and recommend award to the best qualified and lowest responsible bidder. Alternatively, the City may elect to negotiate directly with one or more Proposers to obtain the best result for the City prior to making a recommendation or selection.
C.Interviews, Reference Checks, Revised Proposals, Discussions Following the initial screening and review of proposals, the Proposers included in this stage of the evaluation process may be invited to participate in an oral interview.
Interviews, if held, will be conducted at City of Hollister City Hall, 375 Fifth Street, Hollister, CA 95023. The individual(s) from Proposer's firm or entity that will be directly responsible for carrying out the contract, if awarded, should be present at the oral interview. The oral interview may, but is not required to, use a written question/answer format for the purpose of clarifying the intent of any portions of the proposal. In addition to conducting an oral interview, the City may during this stage of the evaluation process also contact and evaluate the Proposer’s references, contact any Proposer to clarify any response or request revised or additional information, contact any current users of a Proposer’s services, solicit information from any available source concerning any aspect of a proposal, and seek and review any other information deemed pertinent to the evaluation process. Following conclusion of this stage of the evaluation process, the Committee will again rank all Proposers according to the evaluation criteria set forth above. The Committee may conclude the evaluation process at this point, and make a A.8.c
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recommendation for award, or it may request Best and Final Offers from Proposers. The City may accept the proposal or negotiate the terms and conditions of the agreement with the highest ranked firm, which shall be determined to be the qualified and lowest responsible bidder. The City may recommend award without Best and Final Offers, so Proposers should include their best proposal with their initial submission.
Recommendation for award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Proposers unless an agreement is reached. If contract negotiations cannot be concluded successfully within a time period determined by the City, the City may terminate negotiations and commence negotiations with the next highest scoring Proposer or withdraw the RFP.
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Exhibit A
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
CITY OF HOLLISTER
ENVIRONMENTAL SERVICES AGREEMENT
This services agreement (“Agreement”) is made and entered into effective ____________, 20___ (the “Effective Date”), by and between the City of Hollister (“City”) and _______________________ (“Contractor” and together with City, the “Parties”).
1.Contractor Services. Contractor agrees to provide the following services to City (collectively, the “Basic Services”): For the _________ project (“Project”), ____________________________________ (as further described in Exhibit A to this Agreement). Contractor shall provide services related to the Project other than Basic Services (i.e., “Additional Services”) if directed in writing by City to perform specific Additional Services and if sufficient contract funds for Additional Services remain to pay for the directed Additional Services (see Section 5, below). “Services” shall mean Basic and Additional Services.
Contractor agrees to perform such Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Services and the Project. All services performed by the Contractor under this Agreement shall be conducted in a manner consistent with the level of care and skill ordinarily exercised by _______________ professionals specially qualified to provide the services required by the City.
2.Contractor Qualifications. Contractor represents and warrants to City that Contractor, and all of Contractor’s employees, agents or volunteers (the “Contractor Parties”), have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties performing Services shall be competent to perform those Services.
3.Te rm. The term for performance of the Services shall be the duration of the Project (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper. The term for performance of the Services shall begin on ___________, 20__, and shall end on _________, 20__ (“Term”), except as otherwise stated in Section 4 below, and Contractor shall complete the Services within the Term. There shall be no extension of the Term without an amendment signed by all Parties and approved by the City’s governing board. Written notice by the City Manager or designee shall be sufficient to stop A.8.c
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further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services performed to the date of termination. Upon payment by City, City shall be under no further obligation to Contractor, monetarily or otherwise, and City may proceed with the work in any manner City deems proper.
4.Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party. Notwithstanding the foregoing, City may terminate this Agreement at any time by giving written notice to Contractor if (1) Contractor materially breaches any of the terms of this Agreement; (2) any act or omission of Contractor or the Contractor Parties exposes City to potential liability or may cause an increase in City’s insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; or (5) a receiver is appointed because of Contractor’s insolvency. Such termination shall be effective immediately upon Contractor’s receipt of the notice.
5.Payment of Fees for Services. City agrees to pay Contractor based on a lump sum price for Basic Services satisfactorily performed, and based on the hourly rates listed in Exhibit B for any Additional Services satisfactorily performed. Contractor shall not increase these hourly rates over the course of this Agreement. Total fees paid by City to Contractor for Services under the Agreement shall not exceed ___________________ Dollars ($_________), which consists of a lump sum of ___________________ Dollars ($_________) for performance of the Basic Services, and a not-to-exceed amount of ___________________ Dollars ($_________) for performance of any Additional Services. City agrees to make payment for Basic Services within sixty (60) days of receipt of a detailed invoice from Contractor based on percentage of work completed, including any additional supporting documentation that City reasonably requests.
City agrees to make payment for Additional Services within sixty (60) days of receipt of a detailed invoice from Contractor based on hours worked and hourly rates, including any additional supporting documentation that City reasonably requests. Contractor shall not submit its invoices to City more frequently than monthly.
5.1 Reimbursement for Certain Expenses. Contractor shall not be reimbursed directly for any of its expenses, as the fees to be paid under this Agreement include compensation for any and all of Contractor’s expenses.
6.Indemnity. Contractor shall defend, indemnify, and hold harmless City and its agents, representatives, officers, consultants, employees, and City Council (collectively, the “City Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, the Contractor Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to Contractor’s or the Contractor Parties’ use of the site, Contractor’s or the Contractor Parties’ performance of the Services, Contractor’s or the Contractor Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to or death of persons or A.8.c
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damage to property or delay or damage to the City or the City Parties. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph. The indemnification provided for in this Section 6 includes, without limitation to the foregoing, claims that may be made against City by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against City alleging civil rights violations by Contractor or Contractor Parties under the California Fair Employment and Housing Act (“FEHA”).
7.Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services.
Notwithstanding the foregoing, City shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor or the Contractor Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contractor Parties by City. Furthermore, City may reject any Equipment or workmanship that does not conform to the requirements of this Agreement and Contractor must then promptly remedy or replace it at no additional cost to City and subject to City’s reasonable satisfaction.
8.Insurance. Without in any way limiting Contractor’s liability, or indemnification obligations set forth in Section 6 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $_______________ each occurrence and $_______________ in the aggregate; (ii) commercial automobile liability insurance with limits not less than $_____________ each occurrence and $_____________ in the aggregate; (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq.; and (iv) professional liability insurance covering errors and omissions. Neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by City. All insurance policies shall include an endorsement stating that City and City Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to City. If such a notice is not given or even if City receives a notice, City may, at its sole option, terminate this Agreement. All insurance policies shall include an endorsement stating that it is primary to any insurance or self-insurance maintained by City and shall waive all rights of subrogation against City and/or the City Parties.
A copy of the declarations page of Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.
9.Independent Contractor Status. The Parties agree that Contractor is free from the control and direction of City in connection with Contractor’s performance of the Services. Contractor is hereby retained to provide the specified Services for City, which are outside the usual course of City’s business. Contractor certifies that it is customarily engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement.
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Contractor understands and agrees that Contractor and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint venturers of City, and are not entitled to benefits of any kind or nature normally provided to employees of City and/or to which City’s employees are normally entitled.
10.Taxes. All payments made by City to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. City will not withhold any money from fees payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance.
Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement. 11 .Confidential Information. All City information disclosed to Contractor during the course of performance of services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties excepts as authorized by City, or required by law.
12.Designation of Key Personnel. The individuals specified in the attached Exhibit C shall provide the services set forth herein, and shall be the persons primarily in charge of such work.
No other individuals may provide services for Contractor on this project without first obtaining the written approval of the City Manager.
13.Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of City. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.
14.Conflict of Interest. Contractor warrants that neither Contractor, nor any of its employees, agents or subcontractors, has an actual or potential conflict of interest with the City in respect to the Services to be performed under this Agreement for the District. None of such individuals shall, during this term of this Agreement, acquire any interest which conflicts, or could potentially conflict, in any manner with the interests of the District.
15.Notice to Proceed; Progress; Completion. Upon execution of this Agreement by the parties and approval of it by the City Council, City shall give Contractor written notice to proceed with the Services. Such notice may authorize Contractor to render all of the Services contemplated herein, or such portions or phases as may be directed by the City. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the Services. Upon receipt of such notices, Contractor shall diligently proceed with the Services authorized and complete it within the agreed time period.
16.Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.
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17.Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by both Parties and approved by the City Council.
18.Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of San Benito subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the City.
19.Written Notice. Written notice shall be deemed to have been duly served if delivered in person to Contractor at the address located next to the party signatures below, or if delivered at or sent by registered or certified or overnight mail to the last business address known to the person who sends the notice.
20.Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.
21.Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons.
22.Attorneys’ Fees. If a party to this Agreement commences a legal action against the other party to enforce a provision of this Agreement or seek damages related to the services provided under this Agreement, the prevailing party in the legal action will be entitled to recover from the other party all of its reasonable litigation expense, costs, and fees actually incurred, including reasonable attorneys’ and experts’ fees.
23.Liability of City. Notwithstanding anything stated herein to the contrary, City shall not be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.
24.Time. Time is of the essence for performance of the Services under this Agreement.
25.Waiver. No delay or omission by either Party in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude either Party from any or further exercise of any right or remedy.
26.Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to A.8.c
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any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records available to City for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.
27.Ownership of Documents. All plans, studies, drawings, calculations, reports, specifications, estimates, and other documents or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared by the Contractor under this Agreement (“Documents”) shall be and shall remain the property of the City for all purposes, not only as they relate or may relate to the Services but as they relate or may relate to any other project. Contractor will provide the City with a complete set of Documents, and will retain, on the City's behalf, the originals or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than fifteen (15) years. Contractor shall promptly make available to City any original documents it has retained under this Agreement upon request by the City.
28.Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for the City to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in the Documents (“Intellectual Property”) not only as they relate or may relate to the Services but as they relate or may relate to other projects. The Contractor shall require any and all subcontractors and subconsultants to agree in writing that the City is granted a similar non-exclusive and perpetual license for the Intellectual Property of such subcontractors or consultants that they provided to Contractor as part of the Services. The compensation for the Services includes compensation not only for any such use of the Intellectual Property in connection with the Services, but also for any re-use of the Intellectual Property by the City in relation to other projects. Contractor represents and warrants that Contractor has the legal right to license the Intellectual Property that Contractor, its subcontractors, or its subconsultants prepare or cause to be prepared under this Agreement.
29.Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.
30 Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.
31.Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.
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32.Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.
33.Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective parties, and by their signatures to bind the respective parties to this Agreement.
34.Mediation. A party to this Agreement shall, as a condition precedent to initiating any litigation against the other party, demand mediation of any dispute. The parties shall endeavor to include any third-party claimant in the mediation. The parties shall select a mediator and schedule the mediation within thirty (30) days of the initial demand for mediation. If the parties cannot agree on a mediator, the mediator shall be appointed by JAMS. The parties to the mediation, including the parties to this Agreement, shall pay equal shares of the mediator’s fees.
Each party shall bear its own attorney’s fees related to the mediation.
35.Forms. Prior to performing any Services, Contractor shall prepare, execute, and submit all forms that may be required by law for this Agreement, including but not limited to an Iran Contract Act certification (Public Contract Code §2204). If a form is necessary, Contractor shall use the City’s versions of these forms, which the City shall make available upon request.
36.Sanctions in Response to Russian Aggression. The City requires Contractor to comply with the Governor’s March 4, 2022, Executive Order N-6-22 (“Order”) relating to any existing sanctions imposed by the United States government and the State of California in response to Russia’s actions in Ukraine, including additional requirements for contracts of $5 million or more. Failure to comply may result in the termination of the Contract. * * * * * * * * * * * * * * * * * * * *
CITY OF HOLLISTER CONTRACTOR:
_____________________________
By:
Name:
Title:
By:
Name:
Title:
Address for City Notices: Address for Contractor Notices:
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EXHIBIT A
Scope of Services
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EXHIBIT B
Hourly Rates
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EXHIBIT C
PROJECT STAFF
NAME TITLE HOURLY RATE
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CITY OF HOLLISTER | REQUEST FOR PROPOSALS | MERIDIAN VILLAGE PAGE 1
Exhibit B
REQUEST FOR PROFESSIONAL QUALIFICATIONS AND PROPOSAL
MERIDIAN VILLAGE
PROPOSER IDENTIFICATION
1.Legal name of the Company:
2.Street Address:
3.Mailing Address:
4.Business Telephone:
5.Facsimile Telephone:
6.Email Address:
7.Type of Business:Sole Proprietor Partnership Corporation (State) Other:
8.Business License Number issued by the City where the Proposer’s principal place of business is located.
Number: Issuing City/State:
9.Federal Tax ID NO. DIR No.
10.Proposer’s Project Manager:
11.Contact Person if different from Project Manager:
Signature of Preparer of Proposal
Date:
Anticipated Start Date:
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CITY OF HOLLISTER | REQUEST FOR PROPOSALS | MERIDIAN VILLAGE PAGE 1
Exhibit C
EX PARTE COMMUNICATIONS
Proposers and Proposers’ representa�ves should not communicate with the City Council members about this RFP. In addi�on, Proposers and Proposers’ representa�ves should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evalua�on panel, with the excep�on of the RFP Facilitator, regarding this RFP un�l a�er Contract Award. Proposers and their representa�ves are not prohibited, however, from making oral statements or presenta�ons in public to one or more representa�ves of the City during a public mee�ng. A "Proposer" or "Proposer's representa�ve" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or en�ty who has been requested by the Proposer to contact the City on the Proposer's behalf. Please indicate by signing below one of the following two statements.
Only sign one statement.
I cer�fy that Proposer and Proposer’s representa�ves have not had any communica�on with a City Councilmember concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP at any �me a�er September 19, 2023.
________________________________
OR
I cer�fy that Proposer or Proposer’s representa�ves have communicated a�er September 19, 2023 with a City Councilmember concerning the Ini�al Study/Mi�gated Nega�ve Declara�on RFP. A copy of all such communica�ons is atached to this form for public distribu�on. _____________________________________
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: November 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Cannabis
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-253, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER RENEWING REGULATORY PERMIT FOR
EUPHORIC LIFE INC TO OPERATE A CANNABIS MANUFACTURING FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
BRIEF DESCRIPTION: The City Council will consider renewing a regulatory permit for Euphoric Life, Inc. to operate a cannabis manufacturing facility.
RECOMMENDATION: Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life, Inc. to operate a cannabis manufacturing facility located at 807 Industrial Drive.
DEPARTMENT SUMMARY: On December 18, 2017, the Hollister City Council approved a Cannabis Use Permit/ Development Agreement for Euphoric Life, Inc. to operate a cannabis manufacturing facility (Resolution No. 2017-331). On March 19, 2018, the City Council approved a regulatory permit (Resolution No. 2018-60) for Euphoric Life, Inc. to operate a cannabis manufacturing facility at 807 Industrial Drive.
In accordance with Section 5.42.050 of the City of Hollister Municipal Code (HMC), renewal of a regulatory permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as required under HMC, § 5.42.070 (A), and none of the required findings were made to warrant rejection of a regulatory permit. The current regulatory permit is set to expire on January 10, 2024.
This approval will allow the applicant to continue operations for 2024.
FINANCIAL IMPACT: $ 0
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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RESOLUTION NO. 2023-253
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING
REGULATORY PERMIT FOR EUPHORIC LIFE INC TO OPERATE A CANNABIS MANUFACTURING FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
WHEREAS, the City Council for the City of Hollister has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting on December 18th, 2017, approved a Cannabis Use Permit/ Development Agreement for Euphoric Life, Inc. located at 807 Industrial Drive; and
WHEREAS, the City Council at its regular meeting on March 19, 2018 issued a cannabis manufacturing regulatory permit; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and
WHEREAS, Euphoric Life, Inc. has completed the regulatory permit application, and it has been deemed complete; and
WHEREAS, at its regular meeting on December 18, 2023, the City Council considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070 (A) of the Hollister Municipal Code the City Council may reject a permit. After review, the Council did not make any of the specified findings required to deny Euphoric Life, Inc. regulatory permit; and
WHEREAS, under the provisions of Section 5.42.14 of the Hollister Municipal Code the City Council may, however, place conditions upon Euphoric Life, Inc. regulatory permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby makes the following findings and determinations regarding the proposed cannabis regulatory permit:
Grounds for Denial
The City Council may reject a regulatory permit upon making any of the following findings, none of the following required findings were made to warrant the rejection of a regulatory permit:
1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver , qualified patient, or the legal representative of the cannabis facility;
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3. The applicant fails to meet the requirements of this Chapter or any regulation adopted pursuant to this Chapter;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review process. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay the City the required application and processing fees as set forth in Section 5.42.080
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BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the regulatory permit for Euphoric Life, Inc. located at 807 Industrial Drive to continue to operate a cannabis manufacturing facility.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 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. 2023-253, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: November 21, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Cannabis
Christine Hopper, Development
Services Director
TITLE OF ITEM: RESOLUTION NO. 2023-254, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER RENEWING REGULATORY PERMIT FOR
EUPHORIC LIFE INC TO OPERATE A CANNABIS DISTRIBUTION FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
BRIEF DESCRIPTION: The City Council will consider renewing a regulatory permit for Euphoric Life Inc. to operate a cannabis distribution facility.
RECOMMENDATION: Adopt a resolution approving the renewal of a regulatory permit for Euphoric Life Inc. to operate a cannabis distribution facility located at 807 Industrial Drive.
DEPARTMENT SUMMARY: On June 18, 2018, the Hollister City Council approved a Cannabis Use Permit/ Development Agreement for Euphoric Life, Inc. to operate a cannabis distribution facility (Resolution No. 2018-165). On November 19, 2018, the City Council approved a regulatory permit (Resolution No. 2018-297) for Euphoric Life, Inc. to operate a cannabis distribution facility at 807 Industrial Drive.
In accordance with Section 5.42.050 of the City of Hollister Municipal Code (HMC), renewal of a regulatory permit is subject to approval by the City Council. The City Council may reject a regulatory permit upon making any of the findings as required under HMC, § 5.42.070 (A), and none of the required findings were made to warrant rejection of a regulatory permit. The current regulatory permit is set to expire on January 10, 2024.
This approval will allow the applicant to continue operations for 2024.
FINANCIAL IMPACT: $ 0
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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RESOLUTION NO. 2023-254
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER RENEWING
REGULATORY PERMIT FOR EUPHORIC LIFE INC TO OPERATE A CANNABIS DISTRIBUTION FACILITY AT 807 INDUSTRIAL DRIVE (APN 056-270-012-000)
WHEREAS, the City Council has adopted Ordinance 1179 permitting cannabis facilities; and
WHEREAS, the City Council at its regular meeting on June 18, 2018, approved a Cannabis Use Permit/ Development Agreement for Euphoric Life, Inc. located at 807 Industrial Drive; and
WHEREAS, the City Council at its regular meeting on November 19, 2018 issued a cannabis distribution regulatory permit; and
WHEREAS, under the provisions of Section 5.42.040 of the Hollister Municipal Code, the renewal of a regulatory permit is subject to review and approval by the City Council; and
WHEREAS, Euphoric Life, Inc. has completed the regulatory permit application, and it has been deemed complete; and
WHEREAS, at its regular meeting on December 18, 2023, the City Council considered the applicant’s request, reviewed the staff report, and received written and oral testimony for and against the proposal; and
WHEREAS, under the provisions of Section 5.42.070 A of the Hollister Municipal Code the City Council may reject a permit. After review, the Council did not make any of the specified findings required to deny Euphoric Life, Inc. regulatory permit; and
WHEREAS, under the provisions of Section 5.42.14 of the Hollister Municipal Code the City Council may, however, place conditions upon Euphoric Life, Inc. regulatory permit.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby makes the following findings and determinations regarding the proposed cannabis regulatory permit:
Grounds for Denial
The City Council may reject a regulatory permit upon making any of the following findings, none of the following required findings were made to warrant the rejection of a regulatory permit:
1. Any applicant made one or more false or misleading statements or omissions on the registration application or during the application process;
2. If applicable, the applicant is not a primary caregiver , qualified patient, or the legal representative of the cannabis facility;
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3. The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this Chapter;
4. The cannabis facility or its location is in violation of any building, zoning, health, safety, or other provision of this code, or of any state or local law which substantially affects the public health, welfare, safety, or morals, or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a regulatory permit would be contrary to the public health, welfare, safety, or morals;
5. Any applicant, manager, or employee of the cannabis facility is under eighteen (18) years of age;
6. Any applicant has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that if the licensing authority determines that the applicant is otherwise suitable to be issued a permit and granting the permit would not compromise public safety, the licensing authority shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant, and shall evaluate the suitability of the applicant to be issued a permit based on the evidence found through the review process. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the licensing authority shall include, but not be limited to, the following:
a. A felony conviction for the illegal possession for sale, manufacture, transportation, or cultivation of a controlled substance.
b. A violent felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code.
c. A serious felony conviction, as specified in subdivision (c) of Section 1192.7 of the Penal Code.
d. A felony conviction involving fraud, deceit, or embezzlement.
7. Any applicant or manager of the medical cannabis facility is a licensed physician making patient recommendations for medical cannabis.
8. Any applicant or manager has been sanctioned by a licensing authority or a city, county, or city and county for unlicensed operation of a medical cannabis facility or has had a license revoked under this Chapter in the three years immediately preceding the date the application is filed with the licensing authority.
9. The applicant did not pay the City the required application and processing fees as set forth in Section 5.42.080 of the Hollister Municipal Code.
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BE IT FURTHER RESOLVED that the City Council of the City of Hollister hereby approves and authorizes staff to renew the regulatory permit for Euphoric Life, Inc. located at 807 Industrial Drive to continue to operate a cannabis distribution facility.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 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. 2023-254, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: November 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Eva Kelly, Interim Planning
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-255, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES) FISCAL YEAR 2022/23 ANNUAL ACCOUNTABILITY REPORT
BRIEF DESCRIPTION: A specific section of the California Government Code (Section 50075.1 and 53410) requires annual reporting for voter-approved special taxes issued subsequent to January 2001. The Local Agency Special Tax and Bond Accountability Act (Accountability Act) was enacted by the California State Legislators through Senate Bill 165 requiring annual reporting of any local special tax and/or bond to be filed by the local measure, proceeds of the special tax, account into which proceeds are deposited and amounts of funds collected.
RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister approving the City of Hollister Community Facility District No. 2 (Police and Fire Services) Fiscal Year 2022/23 Annual Accountability Report.
DEPARTMENT SUMMARY: On July 6, 1995, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 95 -95, establishing the formation of Community Facilities District No. 2. Per the Resolution of Formation of CFD No. 2, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District.
The Annual Accountability Report (Accountability Report) is being prepared for CFD No. 2 of the City of Hollister (the City) for the fiscal year ending June 30, 2023 by Development & Public Finance, LLC (DPF). Pursuant to and in accordance with the requirements outlined in the Accountability Act, the Accountability Report provides information on the amount of funds collected and expended, as well as the balances.
Each year, the City prepares a report summarizing the financial activity of the CFD and certifying that the use of the fund is consistent with the purpose of the CFD. The Accountability Reports are attached for the City Council’s review and approval.
FINANCIAL IMPACT: The Accountability Report provides a description of the collection of special taxes and the funds disbursed for authorized expenditures in Fiscal Year 2022/23. In Fiscal Year 2022/23, the City has collected $1,378,501.03, with the County of San Benito service charge fees paid from the General Fund. Please note that the summarized revenues and expenditures have no other impact on the City’s General Fund.
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CEQA: The Accountability Report does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. CFD 2 Accountability Report_2023_FINAL
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-255
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 2 (POLICE AND FIRE SERVICES) FISCAL YEAR 2022/23 ANNUAL
ACCOUNTABILITY REPORT
WHEREAS, the City Council of the City of Hollister has established the City of Hollister Community Facilities District No. 2 (Police and Fire Services) pursuant to the California Government Code Sections 53328 and 53340; and
WHEREAS, an Annual Accountability Report (Accountability Report) was prepared for Community Facilities District No. 2 (CFD No. 2) of the City of Hollister for the fiscal year ending June 30, 2023 by Development and Public Finance, LLC (DPF) pursuant to and in accordance with the requirements outlined in the Accountability Act; and
WHEREAS, per Government Code Section 50075.1 and 53410 an annual reporting for voter-approved special taxes issued subsequent to January 2001 is required; and
WHEREAS, the Accountability Report is now complete and ready for acc eptance by the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:
SECTION 1
Pursuant to and in accordance with the requirements outlined in the Accountability Act (California Government Code Section 50075.1 and 53410) the City of Hollister requires the CFD Annual Accountability Report to be approved and adopted by the City Council.
SECTION 2
The Annual Accountability Report is hereby approved and adopted by the City of Hollister City Council. On the original and on one copy of the Annual Accountability Report on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolutions.
SECTION 3
This Resolution shall take effect from and after the date of its passage and adoption.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister approves the Community Facilities District No. 2 Fiscal Year 2022/23 Annual Accountability Report.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 2023, by the following vote:
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Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-255, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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City of Hollister
COMMUNITY FACILITIES DISTRICT No. 2
FISCAL YEAR 2022/23
Annual Accountability Report
November 2023
Prepared by
Development & Public Finance, LLC
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Table of Contents
Item Section
Background 1
Purpose of Special Tax 2
Account and Special Tax Reserve Balance 3
Special Taxes Collected and Expended 4
Status of Special Tax Services 5
Boundary Maps 6
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1) Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Per the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure by January 1, commencing January 1, 2002 and each year thereafter and shall contain a description of the following:
• A statement indicating the specific purposes of the special tax and/or bond measure. • A requirement that the proceeds of the special tax and/or bond measure be applied only to the specific purposes intended.
• The creation of an account into which proceeds of the special tax or bond be deposited. • The amount of funds collected and expended.
• The status of any project required or authorized to be funded by the special tax measure.
This report (“Accountability Report) is being prepared for Community Facilities District No. 2 (“CFD”) of the City of Hollister (“City”) for the fiscal year ending June 30, 2023 pursuant to and in accordance with the requirements outlined in the Accountability Act. In addition to the five requirements above, this Accountability Report includes the boundary maps for the original boundary of the CFD and all annexations through Fiscal Year 2022/23.
2) Purpose of Special Tax
The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:
1. Police protection services to protect and safeguard life and property
2. Fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression
3. Police equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both
4. Collecting and administering the special tax and annual administering the District
5. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration:
3) Account and Special Tax Reserve Balance
The special taxes collected since the formation the CFD have been deposited into City fund number 218. As of June 30, 2023, there is a fund balance of $888,978.82.
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4) Special Taxes Collected and Expended
In Fiscal Year 2022/23, the City has collected $1,378,501.03. The County of San Benito service charge fees were paid by the general fund for Fiscal Year 2022/23.
5) Status of Special Tax Services
All special taxes have been allocated to Police services, Fire services and administrative costs as required by the Rate and Method of Apportionment for the CFD.
6) Boundary Maps
The Boundary Map for the CFD and all annexations through June 30, 2023, have been attached as Exhibit A.
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Exhibit A – Boundary Map
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EXHIBIT A BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 2
CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, NOVEMBER 2023 ANNEXATION NO.SUBDIVISION TRACT NO.
FORMATION (0) 0A PRIMAVERA HOMES 257
0B GABRIELLE SUBDIVISION 255
0C PALMTAG 262
0D WALNUT PARK 13 145
1A CREEKSIDE 1 - ANDERSON HOMES 277
1B BRIGNATINO #2 212
1C HILLVIEW SUBDIVISION 1, 2, & 3 270
1D MERIDIAN PLAZA 279
1E TSAI/SUNDANCE 275
1F WALNUT PARK 8 145
1G GLENMORE ESTATES 278
1H SCOTT RANCH 267
1I LAS BRISAS ESTATES 7 190
1J HERITAGE VILLAGE 273
2A BERESINI-FIELDSTONE 286
2B BRIDGEVALE SUBDIVISION 285
2C LA BAIG ESTATES 5A 263
2D RANCHO SJC - TANG 291
2E LAS BRISAS ESTATES PHASE 8 190
3 CREEKSIDE 3 LANDS OF HOLSTROM 277
4 HILLVIEW 2 307
5 BELLA CENTRO 318
6 SADDLEBROOK 326
7 THE VILLAGES 313
8 APRICOT LANE 323
9 LADD RANCH 319
10 ORCHARD RANCH 325
11 THE OLD FLOUR MILL 333
12 VISTA DE ORO 332
13 CORIA FOURPLEXES
14 ORCHARD PARK 324
15 CERRATO 315
16 1640 CIENEGA CROSS
17 THE COTTAGES 327
18 WALNUT PARK 14 142
19 1051 MONTEREY STREET
20 CHISPA BUENA VISTA
21 849 CANAL ALLEY
22 EL CERRO 336
23 491 SANTA ANA ROAD
24 SILVER OAKS 316
25 HILLCREST MEADOWS 331
26 ALLENDALE 339
27 CHISPA SUNRISE SENIOR APARTMENTS
28 ROBERTS RANCH SINGLE FAMILY 351
CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.2 CITY OF HOLLISTER,
COUNTY OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2022 BY ITS RESOLUTION NO .
BONNIE GAWF, MMC, INTERIM CITY CLERK
CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN THE HOLLISTER CITY CLERK'S OFFICE.
MARK FALGOUT, P.E., CPSWQ, QSD, KIMLEY-HORN
INTERIM CITY ENGINEER FOR THE CITY OF HOLLISTER
COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2022 AT THE HOUR OF O'CLOCK M., IN BOOK OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.
COUNTY RECORDER, COUNTY OF SAN BENITO
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: November 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Eva Kelly, Interim Planning
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-256, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC FACILITIES SERVICES) FISCAL YEAR 2022/23 ANNUAL ACCOUNTABILITY REPORT
BRIEF DESCRIPTION: A specific section of the California Government Code (Section 50075.1 and 53410) requires annual reporting for voter-approved special taxes issued subsequent to January 2001. The Local Agency Special Tax and Bond Accountability Act (Accountability Act) was enacted by the California State Legislators through Senate Bill 165 requiring annual reporting of any local special tax and/or bond to be filed by the local measure, proceeds of the special tax, account into which proceeds are deposited and amounts of funds collected.
RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister approving the City of Hollister Community Facility District No. 4 (Public Facilities Services) Fiscal Year 2022/23 Annual Accountability Report.
DEPARTMENT SUMMARY: On July 21, 2014, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 2014-143, establishing the formation of Community Facilities District No. 4. Per the Resolution of Formation of CFD No. 4, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District.
The Annual Accountability Report (Accountability Report) is being prepared for CFD No. 4 of the City of Hollister (the City) for the fiscal year ending June 30, 2023 by Development & Public Finance, LLC (DPF). Pursuant to and in accordance with the requirements outlined in the Accountability Act, the Accountability Report provides information on the amount of funds collected and expended, as well as the balances.
Each year, the City prepares a report summarizing the financial activity of the CFD and certifying that the use of the fund is consistent with the purpose of the CFD. The Accountability Reports are attached for the City Council’s review and approval.
FINANCIAL IMPACT: The Accountability Report provides a description of the collection of special taxes and the funds disbursed for authorized expenditures in Fiscal Year 2022/23. In Fiscal Year 2022/23, the City has collected $1,361,619.28, with the County of San Benito service charge fees paid from the general fund. Please note that the summarized revenues and expenditures have no other impact on the City’s General Fund.
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CEQA: The Accountability Report does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. CFD 4 Accountability Report_2023_FINAL
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-256
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 4 (PUBLIC FACILITIES SERVICES) FISCAL YEAR 2022/23 ANNUAL
ACCOUNTABILITY REPORT
WHEREAS, the City Council of the City of Hollister has established the City of Hollister Community Facilities District No. 4 (Public Facilities Services) pursuant to the California Government Code Sections 53328 and 53340; and
WHEREAS, an Annual Accountability Report (Accountability Report) was prepared for Community Facilities District No. 4 (CFD No. 4) of the City of Hollister for the fiscal year ending June 30, 2023 by Development and Public Finance, LLC (DPF) pursuant to and in accordance with the requirements outlined in the Accountability Act; and
WHEREAS, per Government Code Section 50075.1 and 53410 an annual reporting for voter-approved special taxes issued subsequent to January 2001 is required; and
WHEREAS, the Accountability Report is now complete and ready for acc eptance by the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:
SECTION 1
Pursuant to and in accordance with the requirements outlined in the Accountability Act (California Government Code Section 50075.1 and 53410) the City of Hollister requires the CFD Annual Accountability Report to be approved and adopted by the City Council.
SECTION 2
The Annual Accountability Report is hereby approved and adopted by the City of Hollister City Council. On the original and on one copy of the Annual Accountability Report on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolutions.
SECTION 3
This Resolution shall take effect from and after the date of its passage and adoption.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister approves the Community Facilities District No. 4 Fiscal Year 2022/23 Annual Accountability Report.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 2023, by the following vote:
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Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-256, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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City of Hollister
COMMUNITY FACILITIES DISTRICT No. 4
FISCAL YEAR 2022/23
Annual Accountability Report
November 2023
Prepared by
Development & Public Finance, LLC
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Table of Contents
Item Section
Background 1
Purpose of Special Tax 2
Account and Special Tax Reserve Balance 3
Special Taxes Collected and Expended 4
Status of Special Tax Services 5
Boundary Maps 6
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1) Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Per the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure by January 1, commencing January 1, 2002 and each year thereafter and shall contain a description of the following:
• A statement indicating the specific purposes of the special tax and/or bond measure. • A requirement that the proceeds of the special tax and/or bond measure be applied only to the specific purposes intended.
• The creation of an account into which proceeds of the special tax or bond be deposited. • The amount of funds collected and expended.
• The status of any project required or authorized to be funded by the special tax measure.
This report (“Accountability Report) is being prepared for Community Facilities District No. 4 (“CFD”) of the City of Hollister (“City”) for the fiscal year ending June 30, 2023 pursuant to and in accordance with the requirements outlined in the Accountability Act. In addition to the five requirements above, this Accountability Report includes the boundary maps for the original boundary of the CFD and all annexations through Fiscal Year 2022/23.
2) Purpose of Special Tax
The purpose of the special tax is to fund the services outlined below. The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:
1. Maintenance, Repair and Replacement of Landscape, Lighting and Hardscapes a. Turf and Plant: Sufficient water, fertilizer and other nutrients shall be provided and sufficient insect and disease control shall be applied to turf and other plants to maintain them in a healthy and thriving condition. Turf shall be mowed and trimmed back from edges of hardscape. Plants shall be shaped as necessary and plant foliage, which has exceeded the landscape boundaries, shall be trimmed back.
b. Trees and Shrubs: Pruned and trimmed as necessary in such a manner as to prevent interference with sight clearance for pedestrian bicycle and vehicle traffic on adjacent roadways walkways and rights of way.
c. Parks and Open Space.
d. All weeds, trash and debris shall be removed regularly from the landscaped area. e. The scheduled inspection and maintenance of walkways, sidewalks, bicycled paths, sound walls, retaining walls, roadways, lighting (streets and other) and landscaped areas within the public right of way.
f. Replacement of dead plants and trees.
g. Replacement of ground cover as needed.
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h. Repair and replacement of walkways, sidewalks, bicycle paths, sound walls, retaining walls, roadways, lighting and other landscaped areas within the public right of way.
2. Flood and Storm Protection
a. Maintenance of the storm drain system and retention/detention basins, including items such as landscaping, fencing, piping, filters.
b. Operation and maintenance of the outfall structure and the pump lift stations for the detention basins.
c. Reserve for replacement of structures and pumps.
3. Irrigation System
a. The irrigation system serving the landscaping shall be maintained, repaired and replaced as needed and all legally required permits with respect to such work shall be obtained.
4. Water and Electricity
a. Payment of utility costs associated with maintenance of authorized landscape services, including expenses for water and electricity used to irrigate and light the landscaping.
5. Collecting and administering the special tax and annual administration of the District.
6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration. a. Special tax consultant services
b. City, Participating District staff review, oversight, and administrative services c. Financial advisor services
d. Special tax administrator services
e. Publishing, mailing, and posting of notices
f. Recording fees
3) Account and Special Tax Reserve Balance
The special taxes collected since the formation the CFD have been deposited into City fund number 712. As of June 30, 2023, there is a fund balance of $2,134,340.09.
4) Special Taxes Collected and Expended
In Fiscal Year 2022/23, the City has collected $1,361,619.28. The County of San Benito service charge fees were paid by the general fund for Fiscal Year 2022/23.
5) Status of Special Tax Services
All special taxes have been allocated from City fund number 712, on City staff and on service and supplies as outlined under 2) above. All remaining special taxes have been allocated to infrastructure replacement reserve and administrative expenses.
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6) Boundary Maps
The Boundary Map for the CFD and all annexations through June 30, 2023, have been attached as Exhibit A.
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Exhibit A – Boundary Map
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EXHIBIT A BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 4
CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, NOVEMBER 2023 ANNEXATION NO.SUBDIVISION TRACT NO.
FORMATION (0)RAJKOVICH 312
1 TUSCAN SUN 314
2 THE VILLAGES 313
3 BELLA CENTRO 318
4 DEL CURTO FOURPLEXES
5 SADDLEBROOK 326
6 APRICOT LANE 323
7 LAND RANCH 319
8 ORCHARD PARK 324
9 THE OLD FLOUR MILL 333
10 WALNUT PARK 14 142
11A 1640 CIENEGA ROAD
11B CERRATO 315
12 ORCHARD RANCH 325
13 THE COTTAGES 327
14 1051 MONTEREY STREET
15 VISTA DE ORO 332
16 CHISPA BUENA VISTA
17 849 CANAL ALLEY
18 EL CERRO 336
19 491 SANTA ANA ROAD
20 SILVER OAKS 316
21 CORIA FOURPLEXES
22 HILLCREST MEADOWS 313
23 ALLENDALE 339
24 CHISPA SUNRISE SENIOR APARTMENTS
25 MAPLE PARK 329
26 LOS PINARS 343
27 240 SALLY STREET
28 SOLORIO PARK I 347
29 SOLORIO PARK II 348
30 811 SANTA ANA ROAD 346
31 MIRABELLA II 341
32 220 4TH STREET
33 540 LINE STREET
34 CERRO VERDE 350
35 169 EAST STREET
36 1650 CIENEGA ROAD
37 418, 424, 426 6TH STREET
38 638 LINE STREET
39 814 PROSPECT AVE
40 ROBERTS RANCH 351
41 FARMSTEAD 345
42 125 HAWKINS ALLEY
43 390 WEST STEET 351
44 1551 CITATION WAY
45 WEST FAIRVIEW PHASE 1B 303
46 HOLLISTER FARMS
47 WEST FAIRVIEW PHASE 1A 303
48 111 SAN FELIPE ROAD
49 COMMUNITY FOUNDATION
50 90 FALLON ROAD
51 40 SAN FELIPE ROAD
52 WEST FAIRVIEW PHASE 2 303
53 400 SAN BENITO STREET
CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.5 CITY OF HOLLISTER, COUNTY
OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF
THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2022 BY ITS RESOLUTION NO
.
BONNIE GAWF, MMC, INTERIM CITY CLERK
CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN
THE HOLLISTER CITY CLERK'S OFFICE.
MARK FALGOUT, P.E., CPSWQ, QSD, KIMLEY-HORN
INTERIM CITY ENGINEER FOR THE CITY OF HOLLISTER
COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2022 AT THE HOUR OF
O'CLOCK M., IN BOOK OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN
THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.
COUNTY RECORDER, COUNTY OF SAN BENITO
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: November 30, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Planning
Eva Kelly, Interim Planning
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-257, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES) FISCAL YEAR 2022/23 ANNUAL ACCOUNTABILITY REPORT
BRIEF DESCRIPTION: A specific section of the California Government Code (Section 50075.1 and 53410) requires annual reporting for voter-approved special taxes issued subsequent to January 2001. The Local Agency Special Tax and Bond Accountability Act (Accountability Act) was enacted by the California State Legislators through Senate Bill 165 requiring annual reporting of any local special tax and/or bond to be filed by the local measure, proceeds of the special tax, account into which proceeds are deposited and amounts of funds collected.
RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister approving the City of Hollister Community Facility District No. 5 (Police and Fire Services) Fiscal Year 2022/23 Annual Accountability Report.
DEPARTMENT SUMMARY: On August 6, 2018, the City Council of the City of Hollister passed, approved, and adopted Resolution No. 2018-197, establishing the formation of Community Facilities District No. 5. Per the Resolution of Formation of CFD No. 5, the types of public services, including all expenses incidental thereto, authorized to be financed with special tax proceeds of the District.
The Annual Accountability Report (Accountability Report) is being prepared for CFD No. 5 of the City of Hollister (the City) for the fiscal year ending June 30, 2023 by Development & Public Finance, LLC (DPF). Pursuant to and in accordance with the requirements outlined in the Accountability Act, the Accountability Report provides information on the amount of funds collected and expended, as well as the balances.
Each year, the City prepares a report summarizing the financial activity of the CFD and certifying that the use of the fund is consistent with the purpose of the CFD. The Accountability Reports are attached for the City Council’s review and approval.
FINANCIAL IMPACT: The Accountability Report provides a description of the collection of special taxes and the funds disbursed for authorized expenditures in Fiscal Year 2022/23. In Fiscal Year 2022/23, the City has collected $198,738.47, with the County of San Benito service charge fees paid from the general fund. Please note that the summarized revenues and expenditures have no other impact on the City’s General Fund.
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CEQA: The Accountability Report does not constitute a project under the California Environmental Quality Act (CEQA) and review under CEQA is not required.
ATTACHMENTS:
1. CFD 5 Accountability Report_2023_FINAL
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CITY OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO. 5 (POLICE AND FIRE SERVICES) FISCAL YEAR 2022/23 ANNUAL
ACCOUNTABILITY REPORT
WHEREAS, the City Council of the City of Hollister has established the City of Hollister Community Facilities District No. 5 (Police and Fire Services) pursuant to the California Government Code Sections 53328 and 53340; and
WHEREAS, an Annual Accountability Report (Accountability Report) was prepared for Community Facilities District No. 5 (CFD No. 5) of the City of Hollister for the fiscal year ending June 30, 2023 by Development and Public Finance, LLC (DPF) pursuant to and in accordance with the requirements outlined in the Accountability Act; and
WHEREAS, per Government Code Section 50075.1 and 53410 an annual reporting for voter-approved special taxes issued subsequent to January 2001 is required; and
WHEREAS, the Accountability Report is now complete and ready for acc eptance by the City Council.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister does hereby resolve as follows:
SECTION 1
Pursuant to and in accordance with the requirements outlined in the Accountability Act (California Government Code Section 50075.1 and 53410) the City of Hollister requires the CFD Annual Accountability Report to be approved and adopted by the City Council.
SECTION 2
The Annual Accountability Report is hereby approved and adopted by the City of Hollister City Council. On the original and on one copy of the Annual Accountability Report on file in the City Clerk’s office, the City Clerk shall endorse the certificate evidencing the date and adoption of this Resolutions.
SECTION 3
This Resolution shall take effect from and after the date of its passage and adoption.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister approves the Community Facilities District No. 5 Fiscal Year 2022/23 Annual Accountability Report.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 2023, by the following vote:
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Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
Lozano Smith Attorneys at Law
Mary F. Lerner, City Attorney
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I, JENNIFER WOODWORTH, MMC, City Clerk of the City of Hollister, do hereby certify that the attached Resolution No. 2023-257, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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City of Hollister
COMMUNITY FACILITIES DISTRICT No. 5
FISCAL YEAR 2022/23
Annual Accountability Report
November 2023
Prepared by
Development & Public Finance, LLC
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Table of Contents
Item Section
Background 1
Purpose of Special Tax 2
Account and Special Tax Reserve Balance 3
Special Taxes Collected and Expended 4
Status of Special Tax Services 5
Boundary Maps 6
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1) Background
The Local Agency Special Tax and Bond Accountability Act (“Accountability Act”) was enacted by California State Legislature through Senate Bill 165 to provide accountability measures for any local special tax and/or bond measure subject to voter approval on or after January 1, 2001. Per the requirements of the Accountability Act (Sections 50075.1 and 53410 of the Government Code of the State of California), an annual report must be filed by the local agency levying a special tax and/or issuing a bond measure by January 1, commencing January 1, 2002 and each year thereafter and shall contain a description of the following:
• A statement indicating the specific purposes of the special tax and/or bond measure. • A requirement that the proceeds of the special tax and/or bond measure be applied only to the specific purposes intended.
• The creation of an account into which proceeds of the special tax or bond be deposited. • The amount of funds collected and expended.
• The status of any project required or authorized to be funded by the special tax measure.
This report (“Accountability Report) is being prepared for Community Facilities District No. 5 (“CFD”) of the City of Hollister (“City”) for the fiscal year ending June 30, 2023 pursuant to and in accordance with the requirements outlined in the Accountability Act. In addition to the five requirements above, this Accountability Report includes the boundary maps for the original boundary of the CFD and all annexations through Fiscal Year 2022/23.
2) Purpose of Special Tax
The authorized services to be financed with the special tax include all services authorized under the City of Hollister Goals and Policies for Community Facilities Districts. Authorized services may include, but not limited to, the following:
1. Police protection services to protect and safeguard life and property
2. Fire protection and suppression services, including obtaining, furnishing, operating and maintaining fire suppression
3. Ambulance and paramedic services
4. Police and fire equipment or apparatus and the payment of salaries and benefits of firefighting and police personnel, or both
5. Collecting and administering the special tax and annual administering the District
6. Miscellaneous costs related to the items described above, including costs for planning, engineering, legal services and administration:
3) Account and Special Tax Reserve Balance
The special taxes collected since the formation the CFD have been deposited into City fund number 713. As of June 30, 2023, there is a fund balance of $573,591.96.
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4) Special Taxes Collected and Expended
In Fiscal Year 2022/23, the City has collected $198,738.47. The County of San Benito service charge fees were paid by the general fund for Fiscal Year 2022/23. 5) Status of Special Tax Services
All special taxes have been allocated to Police services, Fire services and administrative costs as required by the Rate and Method of Apportionment for the CFD. 6) Boundary Maps
The Boundary Map for the CFD and all annexations through June 30, 2023, have been attached as Exhibit A.
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Exhibit A – Boundary Map
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EXHIBIT A BOUNDARIES OF
COMMUNITY FACILITY DISTRICT NO. 5
CITY OF HOLLISTER, COUNTY OF SAN BENITO, STATE OF CALIFORNIA PREPARED BY THE CITY OF HOLLISTER PLANNING DEPARTMENT, NOVEMBER 2023 ANNEXATION NO.SUBDIVISION TRACT NO.
FORMATION 0 MIRABELLA II 341
1 MAPLE PARK 329
2 LOS PINARS 343
3 240 SALLY STREET
4 SOLORIO PARK I 347
5 SOLORIO PARK II 348
6 811 SANTA ANA ROAD 346
7 220 4TH STREET
8 CERRO VERDE 350
9 540 LINES STREET
10 169 EAST STREET
11 1650 CIENEGA ROAD
12 418, 424, 426 6TH STREET
13 638 LINE STREET
14 814 PROSPECT AVENUE
15 ROBERTS RANCH MULTIFAMILY 351
16 FARMSTEAD 345
17 125 HAWKINS ALLEY
18 390 WEST STREET
19 WEST FAIRVIEW PHASE 1B 303
20 WEST FAIRVIEW PHASE 1A 303
21 WEST FAIRVIEW PHASE 2 303
22 400 SAN BENITO STREET
CITY CLERK'S STATEMENT
I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HOLLISTER COMMUNITY FACILITIES DISTRICT NO.5 CITY OF HOLLISTER,
COUNTY OF SAN BENITO, STATE OF CALIFORNIA WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF HOLLISTER, AT A MEETING THEROF, HELD ON THE DAY OF 2022 BY ITS RESOLUTION NO .
BONNIE GAWF, MMC, INTERIM CITY CLERK
CITY ENGINEER'S STATEMENT
THIS DIAGRAM WAS PREPARED UNDER THE DIRECTION OF THE CITY ENGINEER, AND REPRESENTS THE DISTRICT BOUNDARY AS FILED ON . IN THE HOLLISTER CITY CLERK'S OFFICE.
MARK FALGOUT, P.E., CPSWQ, QSD, KIMLEY-HORN
INTERIM CITY ENGINEER FOR THE CITY OF HOLLISTER
COUNTY RECORDER'S STATEMENT
FILED THIS DAY OF , 2022 AT THE HOUR OF O'CLOCK M., IN BOOK OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES DISTRICT AT PAGE IN THE OFFICE OF THE RECORDER IN THE COUNTY OF SAN BENITO, STATE OF CALIFORNIA.
COUNTY RECORDER, COUNTY OF SAN BENITO
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: November 20, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Recreation
Tina Garza, Recreation Services
Manager
TITLE OF ITEM: RESOLUTION NO. 2023-259, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING THE CONTRACTUAL
AGREEMENT FOR AN INDEPENDENCE DAY FIREWORK SHOW WITH PYRO SPECTACULARS NORTH, INC., SCHEDULED FOR JULY 4, 2024, AT THE
HOLLISTER AIRPORT
BRIEF DESCRIPTION: This resolution would approve an agreement with Pyro Spectaculars North, Inc., for a firework show at the Hollister Airport on Thursday, July 4, 2024.
RECOMMENDATION: Adopt a resolution approving an agreement with Pyro Spectaculars North, Inc., for a firework show at the Hollister Airport on Thursday, July 4, 2024.
DEPARTMENT SUMMARY: City staff will coordinate an Independence Day Fireworks celebration at the Hollister Airport on July 4, 2024, from 6:00 p.m. to 10:00 p.m. The event is set to include entertainment and activities leading up to the fireworks display.
Around 9:30 p.m., Pyro Spectaculars North, Inc. will be entrusted with igniting the fireworks.
The agreement, presented to the City Council of the City of Hollister, encompasses provisions for a licensed pyrotechnic operator, a specialized crew, an electronic firing system, and safety equipment for pyrotechnics to ensure adequate support and protection. To prioritize public safety, Pyro Spectaculars will collaborate directly with the Hollister Fire Department and take necessary steps to secure permits related to fireworks. City staff will collaborate to develop a plan, considering the audience's safety by ensuring the fireworks are at a safe distance and in compliance with safety regulations.
FINANCIAL IMPACT: A specified amount of $38,750.00 requires a 50% initial payment by December 31, 2023. An allocated expense of $19,375.00 has been designated and approved for the fiscal year 2023-2024. The remaining balance of $19,375.00 will be included in the budget for the following fiscal year, 2024 -2025.
CEQA: Not Applicable
ATTACHMENTS:
1. 2024 Fireworks Contract
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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING THE CONTRACTUAL AGREEMENT FOR AN INDEPENDENCE DAY FIREWORK SHOW WITH PYRO SPECTACULARS NORTH, INC., SCHEDULED FOR JULY 4, 2024, AT THE HOLLISTER AIRPORT
WHEREAS, staff will coordinate an Independence Day Fireworks celebration at the Hollister Airport on July 4, 2024, from 6:00 p.m. to 10:00 p.m.; and
WHEREAS, the City of Hollister owns and operates the property commonly known as City of Hollister Municipal Airport; and
WHEREAS, to help ensure public safety, Pyro Spectaculars will work directly with the City’s Fire Department and apply for the necessary fireworks-related permits; and
WHEREAS, a specified amount of $38,750.00 requires a 50% initial payment by December 31, 2023; and
WHEREAS, an allocated expense of $19,375.00 has been designated and approved for the fiscal year 2023-2024. The remaining balance of $19,375.00 will be included in the budget for the following fiscal year, 2024-2025.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister approve the agreement with Pyro Spectaculars North, Inc.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 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. 2023-259, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: December 1, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-260, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX MONTH TERM EXTENSION TO CONTRACT AMENDMENT NO. 2
TO THE PROFESSIONAL SERVICES AGREEMENT WITH KELLEY ENGINEERING
AND SURVEYING, FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
BRIEF DESCRIPTION: Consider authorizing the City Manager to execute a six-month term extension to Contract Amendment No. 2 to the Professional Services Agreement with Kelley Engineering and Surveying, for additional Professional Engineering Services.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a six-month term extension to Contract Amendment No. 2 to the Professional Services Agreement with Kelley Engineering and Surveying, for additional Professional Engineering Services.
DEPARTMENT SUMMARY: On June 20, 2023, the Hollister City Council passed Resolution 2023-124 approving Contract Amendment No. 2 for the professional services agreement with Kelly Engineering and Surveying. The amendment, not to exceed $125,000, had a six-month term, aiming to provide Additional Professional Engineering Services to support the City of Hollister’s Engineering Department Staff.
Now, the City seeks an additional six-month extension of this term to aid staff in the thorough review of improvement plans and final maps. Importantly, it's worth noting that this extension does not incur any additional cost or increase the previously approved amount.
FINANCIAL IMPACT: Extension of the term does not incur any additional cost or increase the previously approved amount.
CEQA: Exempt
ATTACHMENTS:
1. Third Amendment Extension to Amendment No. 2 Kelley Engineering Agreemen...
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. 2023-260
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
AUTHORIZING THE CITY MANAGER TO EXECUTE A SIX MONTH TERM EXTENSION TO CONTRACT AMENDMENT NO. 2 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH KELLEY ENGINEERING AND SURVEYING, FOR
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
WHEREAS, on January 17, 2017, the City of Hollister and Kelley Engineering and Surveying entered into a Professional Services Agreement pursuant to City Council Resolution 2017-16; and
WHEREAS, on June 20, 2023, the Hollister City Council passed Resolution 2023 -124 approving Contract Amendment No. 2 for the professional services agreement with Kelley Engineering and Surveying; and
WHEREAS, the City seeks an extension of six-months to Contract Amendment No. 2 to continue supporting staff in the thorough review of improvement plans and final maps; and
WHEREAS, the extension does not incur any additional cost or increase the previously approved amount.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to Execute a Six Month Term Extension to Contract Amendment No. 2 to the Professional Services Agreement with Kelley Engineering and Surveying, for Additional Professional Engineering Services.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 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. 2023-260, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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1 EXHIBIT D – ADDITIONAL SERVICES TO AGREEMENT – SCOPE OF CONTRACT SERVICES –ADDITIONAL; COMPENSATION SCHEDULE - TERM EXTENSION TO AMENDMENT NO. 2
THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________, 2023, by and between the City of Hollister, California, a municipal corporation (“City”), and Kelley Engineering & Surveying, a California Corporation, (“Contractor”).
WHEREAS, City and Contractor have previously entered into an Agreement for professional engineering design services on an on-call basis (“Agreement”) dated January 17, 2017;
WHEREAS, the Agreement Basic Services include services for drainage, water, sewer, and any street or parking lot design or rehabilitation projects; and WHEREAS, it is understood by City and Contractor that it may be necessary for Contractor to perform or secure the performance of services other than Basic Services (“Additional Services”); and
WHEREAS, the 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 - Term Extension to Amendment No. 2; and
WHEREAS, City and Contractor have previously executed a contract amendment ("Amendment No. 2") for Additional Services to the agreement dated June 20, 2023; and WHEREAS, City and Contractor desire to amend said Agreement to extent the term of these Additional Services.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1.This Exhibit D, “Additional Services to the Agreement – Scope of Contract Services – Additional; Compensation Schedule - Term Extension to Amendment No. 2” is added to the Agreement.
2.Extension of the term does not incur any additional cost or increase the previously approved amount.
3.The term of this change order shall end on June 20, 2024.
4.Except as herein amended, the Agreement dated January 17, 2017, shall remain in full force and effect.
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2 IN WITNESS WHEREOF, the parties have caused this Second Amendment to Agreement to be executed on the date first above written.
CITY OF HOLLISTER
BY:
David Mirrione
Interim City Manager
ATTEST:
JENNIFER WOODWORTH, CITY CLERK
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
CONTRACTOR
BY:
(Signature)
Matthew J. Kelley, P.E., L.S.
(Typed Name)
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: December 1, 2023
DEPARTMENT:
DEPARTMENT HEAD:
Engineering
William Via, Community Services
Director
TITLE OF ITEM: RESOLUTION NO. 2023-261, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2, A SIX-MONTH TERM EXTENSION TO CONTRACT AMENDMENT NO. 1, TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SAN BENITO ENGINEERING AND SURVEYING, FOR
ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
BRIEF DESCRIPTION: A resolution authorizing the City Manager to execute a second contract amendment to the Professional Services Agreement with San Benito Engineering and Surveying for additional professional engineering services, extending the term of Amendment No. 1 for an additional six (6) months.
RECOMMENDATION: Adopt a resolution authorizing the City Manager to execute a second contract amendment to the Professional Services Agreement with San Benito Engineering and Surveying for additional professional engineering services, extending the term of Amendment No. 1 for an additional six (6) months.
DEPARTMENT SUMMARY: On June 20, 2023, the Hollister City Council passed Resolution 2023-125 approving Contract Amendment No. 1 for the professional services agreement with San Benito Engineering and Surveying. The amendment, not to exceed $100,000, had a six-month term, aiming to provide Additional Professional Engineering Services to support the City of Hollister’s Engineering Department Staff .
Now, the City seeks an additional six-month extension of this term to aid staff in the thorough review of improvement plans and final maps. Importantly, it's worth noting that this extension does not incur any additional cost or increase the previously approved amount.
FINANCIAL IMPACT: Extension of the term does not incur any additional cost or increase the previously approved amount.
CEQA: Exempt.
ATTACHMENTS:
1. Second Amendment Extension Amendment No. 1 to San Benito Engineering Agr...
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. 2023-261
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT AMENDMENT NO. 2, A SIX-MONTH TERM EXTENSION TO CONTRACT AMENDMENT NO. 1, TO THE
PROFESSIONAL SERVICES AGREEMENT WITH SAN BENITO ENGINEERING AND
SURVEYING, FOR ADDITIONAL PROFESSIONAL ENGINEERING SERVICES
WHEREAS, on January 17, 2017, the City of Hollister and San Benito Engineering and Surveying entered into a Professional Services Agreement pursuant to City Council Resolution 2017-15; and
WHEREAS, on June 20, 2023, the Hollister City Council passed Resolution 2023 -125 approving Contract Amendment No. 1 for the professional services agreement with San Benito Engineering and Surveying; and
WHEREAS, the City seeks an extension of Six months to Contract Amendment No. 1 to continue supporting staff in the thorough review of improvement plans and final maps; and
WHEREAS, the extension does not incur any additional cost or increase the previously approved amount.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister hereby authorizes the City Manager to Execute Amendment No. 2, a Six Month Term Extension to Contract Amendment No. 1, to the Professional Services Agreement with San Benito Engineering and Surveying, for Additional Professional Engineering Services.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 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. 2023-261, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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1 EXHIBIT D – ADDITIONAL SERVICES TO AGREEMENT – SCOPE OF CONTRACT SERVICES – ADDITIONAL; COMPENSATION SCHEDULE - TERM EXTENSION TO AMENDMENT NO. 1
THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this ___ day of ___________, 2023, by and between the City of Hollister, California, a municipal corporation (“City”), and San Benito Engineering & Surveying, Inc., a California Corporation, (“Contractor”).
WHEREAS, City and Contractor have previously entered into an Agreement for professional engineering design services on an on-call basis (“Agreement”) dated January 17, 2017;
WHEREAS, the Agreement Basic Services include services for civil engineering including field surveys, mapping, plats and legal descriptions; meeting with City staff; preparing cost estimates; and assisting in the preparation of CEQA paperwork projects; and WHEREAS, it is understood by City and Contractor that it may be necessary for Contractor to perform or secure the performance of services other than Basic Services (“Additional Services”); and
WHEREAS, the 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 - Term Extension to Amendment No. 1; and
WHEREAS, City and Contractor have previously executed a contract amendment ("Amendment No. 1") for Additional Services to the agreement dated June 20, 2023; and WHEREAS, City and Contractor desire to amend said Agreement to provide for these Additional Services.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, agree as follows:
1.This Exhibit D, “Additional Services to the Agreement – Scope of Contract Services – Additional; Compensation Schedule- Term Extension to Amendment No. 1" is added to the Agreement.
2.Extension of the term does not incur any additional cost or increase the previously approved amount.
3.The term of this contract amendment shall end on June 20, 2024.
4.Except as herein amended, the Agreement dated January 17, 2017, shall remain in full force and effect.
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2 IN WITNESS WHEREOF, the parties have caused this Second Amendment to Agreement to be executed on the date first above written.
CITY OF HOLLISTER
BY:
David Mirrione
Interim City Manager
ATTEST:
JENNIFER WOODWORTH, CITY CLERK
BY:
City Clerk
APPROVED AS TO FORM:
BY:
City Attorney
CONTRACTOR
BY:
(Signature)
Anne E. Hall, R.C.E.
(Typed Name)
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: December 5, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Attorney
Mary Lerner, City Attorney
TITLE OF ITEM: ORDINANCE NO. 12153 AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 2.04 OF THE MUNICIPAL CODE TO UPDATE
THE COUNCIL CODE OF CONDUCT
BRIEF DESCRIPTION: Adoption the proposed ordinance will codify amendments to the Council Code of Conduct to increase penalties to City Councilmembers for violating the Council Code of Conduct.
RECOMMENDATION: Introduce an ordinance amending Chapter 2.04 of the Hollister Municipal Code to amend the Council Code of Conduct to increase penalties to City Councilmembers who violate the Council Code of Conduct.
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 use discretionary funds; and (4) escalating financial penalties. The loss of use of discretionary funds applies only to the ability of the penalized Councilmember to allocate use of discretionary funds. The discretionary funds for that Councilmember’s district will still be available, the use of which a community member may be requested from another Councilmember. As is consistent with current practice, the Councilmember who received the request will bring the request to a future Council meeting to be approved by the remainder of the City Council .
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:
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(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.
(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.
At the November 20, 2023, City Council meeting the City Council provided additional direction to the City Attorney. This direction includes amending section 2.04.015.12 – Representation of private interests - of the Municipal Code to allow City Councilmembers to hold personal meetings with anybody, other than developers or developers’ lobbyists, that have business for approval before the city council or is reasonably expected to have business for approval before the City Council within one year.
The City Council also directed the City Attorney to modify the draft language that would allow a Councilmember’s discretionary funds to be removed from the budget, and instead allow members of the community to request use of those funds from the other members of the City Council. The City Council also directed the City Attorney to add language that states that sanctions will remain in place for one year and that the City will not represent a City Councilmember who brings action against the City due to imposed sanctions.
In addition, at the November 20, 2023, City Council meeting a majority of the City Council directed the City Attorney to include the following penalty amounts, for penalties within a twelve-month period, in the Council Code of Conduct amendments:
First disciplinary action: $100
Second disciplinary action: $200
Third disciplinary action: $500
Additional disciplinary actions: $500
Last, the City Council directed the City Attorney to revise the Council Code of Conduct to require a four-fifths majority vote of all City Councilmembers to impose financial penalties.
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 F.1
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Council Code of Conduct are red and stricken through. Additions to the current Council Code of Conduct are green and underlined.
2.04.015.12 – Representation of private interests.
In keeping with their role as stewards of the public interest, members of council shall not appear on behalf of the private interests of third parties before the council or any board, committee, commission or proceeding of the city, nor shall members of boards, committees, and commissions appear before their own bodies or before the council on behalf of the private interest of their parties on matters related to the areas of service of their bodies. Council members shall not hold personal meetings with lobbyists for real estate developers, real estate developers, or any person, third party, entity, or representative of such persons or entities, that has business for approval before the city council or is reasonably expected to have business for approval before the city council within one year. This prohibition against personal meetings shall include, without limitation, those trying to influence city policy. This prohibition shall not include, however, persons meeting with a council member who are a residents of said council member’s district. The express purpose of this rule is to ensure that matters before the city council are heard in public at an open meeting.
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 acknowledgement 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 F.1
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acknowledgement that they have read, and understand, and accept the provisions within Hollister Municipal Code, chapter 2.04 are not eligible to hold office.
C. 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 assure that ethical and conduct 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.
D. 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.
E. Sanctions will remain in place for one year.
F. The City will not represent a City Councilmember who brings action against the City in response to imposed sanctions.
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 loss of the ability to allocate use of discretionary funds, afforded by the council. The discretionary funds of a Councilmember who has lost the ability to allocate use of those funds will remain in the City budget, the use of which may be requested by a member of the community.
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:
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First disciplinary action: $100
Second disciplinary action: $200
Third disciplinary action: $500
Additional disciplinary actions: $500
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 - 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
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THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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ORDINANCE NO. 12153
AN ORDINANCE OF THE CITY OF HOLLISTER AMENDING CHAPTER 2.04 OF THE
MUNICIPAL CODE TO UPDATE THE COUNCIL CODE OF CONDUCT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HOLLISTER AMENDING SECTIONS 2.04.015.12, 2.04.020, 2.04.020.1, 2.04.030, AND 2.04.040 OF CHAPTER
2.04 OF TITLE 2 OF THE HOLLISTER MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HOLLISTER DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 12.04.015.12 (“Representation of private interests”) 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:
2.04.015.12 – Representation of private interests.
In keeping with their role as stewards of the public interest, members of council shall not appear on behalf of the private interests of third parties before the council or any board, committee, commission or proceeding of the city, nor shall members of boards, committees, and commissions appear before their own bodies or before the council on behalf of the private interest of their parties on matters related to the areas of service of their bodies. Council members shall not hold personal meetings with lobbyists for real estate developers, real estate developers, or representatives of such persons or entities, that has business for approval before the city council within one year. The prohibition against personal meetings shall include, without limitation, those trying to influence city policy. This prohibition shall not include, however, persons meeting with a council member who are residents of said council member’s district. The express purpose of this rule is to ensure that matters before the city council are heard in public at an open meeting.
SECTION 2. Section 2.04.020 (“Conduct guidelines”) 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:
2.04.020 – Conduct guidelines.
The conduct guidelines are designed to describe the manner in which elected and appointed officials must treat one another, city staff, constituents, and others they come into contact with representing the City of Hollister.
SECTION 3. Section 2.04.020.1 (“Elected and appointed officials’ conduct with each other in public meetings”) 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:
2.04.020.1 – Elected and appointed officials’ conduct with each other in public meetings.
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Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and the future of the community. In all cases, this common goal should be acknowledged even though individuals may not agree on every issue.
1. Honor the role of the chair in maintaining order. It is the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.
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 fee democracy in action. Free debate does not require nor justify 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.
SECTION 4. Section 2.04.030 (“Sanctions”) 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:
2.04.030 – Sanctions.
A. Acknowledgement and Acceptance of the Provisions Within Hollister Municipal Code, Chapter 2.04. Councilmembers who do not sign an acknowledgement that they have read, understand, and accept the provisions within Hollister Municipal Code, chapter 2.04 shall be ineligible for intergovernmental assignments, council subcommittees, or to be appointed as Mayor Pro Tempore/Vice Mayor. Board, committee and commission members who do not sign an acknowledgement that they have read, understand, and accept the provisions within Hollister Municipal Code, chapter 2.04 are not eligible to hold office.
B. Ethics Training for Local Officials. Councilmembers, city treasurer, city clerk, board, committee and commission members who are out of compliance with state or city mandated requirements for ethics training shall not represent the city on intergovernmental assignments or council subcommittees and may be subject to sanctions.
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C. Behavior and Conduct. Hollister Municipal Code, chapter 2.04 provides ethical and conduct standards for members of the Hollister city council, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical and conduct standards are understood and met, and that the public can continue to have full confidence in the integrity of government. The chair of board 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.
D. 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.
E. Sanctions will remain in place for one year.
F. The City will not represent a City Councilmember who brings action against the City in response to imposed sanctions.
Councilmembers. Councilmembers who intentionally 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 loss of the ability to allocate use of discretionary funds, afforded by the council.
The discretionary funds of a Councilmember who has lost the ability to allocate use of those funds will remain in the City budget, the use of which may be requested by a member of the community through another Councilmember. The Councilmember who receives the request for use of discretionary funds will bring the request to a future Council meeting for approval by the remainder of the City Council.
Serious actions that violate the Code of Ethics or Code of Conduct 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 entire council.
The penalty amounts for serious actions that willfully disrupt a council meeting within a twelve-month period are:
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First disciplinary action: $100
Second disciplinary action: $200
Third disciplinary action: $500
Additional disciplinary actions: $500
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 - 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 the offending councilmember perceived violations of the Hollister Municipal Code, chapter 2.04. If the violations continue, 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. If 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 violations(s) can be brought up with the full council.
Board, committee, and commission members. Counseling, verbal reprimands and written warnings may be administered by the mayor to board, committee and commission members to comply with city policy. These lower levels of sanctions shall be kept private to the degree allowed by law. Copies of all written reprimands administered by the mayor shall be distributed in memo format to the chair of the respective board, committee or commission, the city clerk, the city attorney, the City Manager, and the city council.
The city council may impose sanctions on board, committee and commission members whose conduct does not comply with the city’s policies, up to and including removal from office. Any form of discipline imposed by council shall be determined by a majority vote of at least a quorum of the council at a noticed meeting and such actions shall be preceded by a report to council with supporting documentation.
When deemed warranted, the mayor or majority of council may call for an investigation of board, committee or commission member conduct. Also, should the City Manager or city attorney believe an investigation is warranted, they shall confer with the mayor or council. The mayor or council shall ask the City Manager or the city attorney to investigate the allegation and report the findings.
These sanctions are alternatives to any other remedy that might otherwise be available to remedy conduct that violates this code or state or federal law. In order to protect and preserve good government, any individual including the City Manager and the city attorney after complying with Rule 3-600(b) of the State Bar Rules of professional conduct, who knows or reasonably believes a member acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the F.1
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organization, or in a manner which is likely to result in substantial injury to the organization, may report the violation to the appropriate governmental authorities.
SECTION 5. Section 2.04.040 (“Implementation”) 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:
2.04.040 – Implementation.
Hollister Municipal Code, chapter 2.04 is intended to be self-enforcing and is a statement of the standards of conduct for members 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, 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 as necessary.
Example: I affirm that I have read, understand, and accept City of Hollister Municipal Code, chapter 2.04 in its entirety for elected and appointed officials.
__________ ___________
Signature Date
SECTION 6. Section 2.04.150 (“Rules of debate”) 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:
2.04.150 – Rules of debate.
The following rules of debate shall govern all city council meetings:
A. The mayor or such other member of the city council as may be presiding may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a city councilmember by reasons of his or her acting as the presiding officer.
B. Every member desiring to speak shall address the chair, and, upon recognition by the presiding officer, shall confine himself or herself to the question under debate, avoiding all personalities and indecorous language.
C. A member, once recognized, shall not be interrupted when speaking unless it is to call the member to order, or as otherwise provided in this section. If a member, while speaking, is called to order, the member shall cease speaking F.1
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until the question of order is determined, and if in order, the member shall be permitted to proceed.
D. The city councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.
E. Motions to reconsider will be followed in accordance with Rosenberg’s Rules of Order.
F. A city councilmember may request, through the mayor, the privilege of having an abstract of the member’s statement on any subject under consideration by the city council entered in the minutes. If the city council consents thereto, such statement shall be entered in the minutes.
G. The city clerk may be directed by the presiding officer with consent of the city council to enter in the minutes a synopsis of the discussion on any question coming regularly before the city council.
SECTION 7. 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 8. EFFECTIVE DATE. This ordinance shall take effect and be in force thirty (30) days from and after its final passage.
SECTION 9. PUBLICATION. The City Clerk is hereby directed to post a summary and certified copy of this ordinance in the city clerk’s office at least five (5) days prior to adoption and to publish a summary of the ordinance in the Free Lance, a newspaper of general circulation, within fifteen (15) days after its adoption.
INTRODUCED at a regular City Council meeting on the 18th day of December 2023.
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 2023, by the following vote:
Mia Casey, Mayor
ATTEST:
Jennifer Woodworth, MMC, City Clerk
APPROVED AS TO FORM:
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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. 12153 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STAFF REPORT
CITY COUNCIL REGULAR MEETING AGENDA
MEETING DATE: DECEMBER 18, 2023
SUBMITTED: December 11, 2023
DEPARTMENT:
DEPARTMENT HEAD:
City Manager
David Mirrione, City Manager
TITLE OF ITEM: RESOLUTION NO. 2023-262, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HOLLISTER APPROVING A GRANT AGREEMENT
WITH THE CALIFORNIA OFFICE OF PUBLIC SCHOOL CONSTRUCTION FOR $5,000,000.00 AND A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF
HOLLISTER AND THE SAN BENITO HIGH SCHOOL DISTRICT TO SUPPORT
BUILDING OF A NEW CAFETERIA AT HOLLISTER HIGH SCHOOL
BRIEF DESCRIPTION: A resolution of the City Council of the City of Hollister approving a grant agreement with the California Office of Public School Construction for $5,000,000.00 and a Memorandum of Understanding with the City of Hollister and the San Benito High School District to support building of a new cafeteria at the Hollister High School.
RECOMMENDATION: Adopt a resolution of the City Council of the City of Hollister approving a grant agreement with the California Office of Public School Construction for $5,000,000.00 and execute a Memorandum of Understanding between the City of Hollister and the San Benito High School District to support building of a new cafeteria at the Hollister High School and authorize the City Manager to execute the grant agreement, memorandum of understanding, and any and all necessary amendments.
DEPARTMENT SUMMARY: San Benito High School District's (SBHSD) Hollister High School serves over 90% of high school aged students within San Benito County. It is also the 10th largest high school in the state of California. During the 22 -23 school year, SBHSD served 3,557 students, with a cumulative growth of 491 students in the last five years. This rapid rate of growth has put a significant strain on the school's food service infrastructure: the current cafeteria was built in 1952 to serve approximately 180 students. To fill this capacity gap, the District has provided four snack bars, and two mobile food service carts, yet there are still over 20 minute wait times for food, which has a negative effect on students' ability to receive food, use the bathroom, and walk to their next class, particularly for severely disabled students with mobility challenges.
Earlier this year, SBHSD requested support from the state of California to provide a $5 million-dollar appropriation within the 2023-24 Budget Act to provide Hollister High School with a new, centrally located Student Union / Cafeteria to serve the expanding population; this appropriation was granted within Assembly Bill 102. The California Department of Finance requires that appropriations related to education must specify a local partner agency to act as the fiscal agent, which the City of Hollister agreed to be in a letter collaboratively sent to members of the state legislature by SBHSD on April 27, 2023.
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On December 11, 2023, staff from the City of Hollister and the SBHSD met with the California Office of Public School Construction (OPSC) to discuss the attached agreement between the City of Hollister and the OPSC. In order to facilitate the transfer of funding to SBHSD, a Memorandum of Understanding (MOU) between the SBHSD and the City of Hollister has been prepared. Both agreements are attached to this staff report and are required to be executed to effectuate the transactions.
FINANCIAL IMPACT: $5,000,000 increase to the General Fund
CEQA: Not a project under CEQA
ATTACHMENTS:
1. GA Hollister with Attachment
2. Agreement re Pass Through Funds via Grant Agreement with OPSC
THIS REPORT WAS REVIEWED BY THE CITY MANAGER WHO CONCURS WITH
THE STAFF RECOMMENDATION
David Mirrione, City Manager
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RESOLUTION NO. 2023-262
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOLLISTER
APPROVING A GRANT AGREEMENT WITH THE CALIFORNIA OFFICE OF PUBLIC SCHOOL CONSTRUCTION FOR $5,000,000.00 AND A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF HOLLISTER AND THE SAN BENITO HIGH
SCHOOL DISTRICT TO SUPPORT BUILDING OF A NEW CAFETERIA AT
HOLLISTER HIGH SCHOOL
WHEREAS, San Benito High School District's (SBHSD) Hollister High School serves over 90% of high school aged students within San Benito County.; and
WHEREAS, it is also the 10th largest high school in the state of California. During the 22-23 school year, SBHSD served 3,557 students, with a cumulative growth of 491 students in the last five years; and
WHEREAS, this rapid rate of growth has put a significant strain on the school's food service infrastructure as the current cafeteria was built in 1952 to serve approximately 180 students; and
WHEREAS, earlier this year, SBHSD requested support from the state of California to provide a $5,000,000 appropriation within the 2023 -24 Budget Act to provide Hollister High School with a new, centrally located Student Union / Cafeteria which was granted within Assembly Bill 102; and
WHEREAS, the California Department of Finance requires that appropriations related to education must specify a local partner agency to act as the fiscal agent, which the City of Hollister agreed to be in a letter collaboratively sent to members of the state legislature by SBHSD on April 27, 2023; and
WHEREAS, on December 11, 2023, staff from the City of Hollister and the SBHSD met with the California Office of Public School Construction (OPSC) to finalize an agreement between the City of Hollister and the OPSC which is required to receive the $5,000,000 ; and
WHEREAS, in order to facilitate the transfer of funding to SBHSD, a Memorandum of Understanding (MOU) between the SBHSD and the City of Hollister has been prepared ; and
WHEREAS, both agreements are required to be executed to effectuate the necessary transactions to ensure that SBHSD receives the $5,000,000 identified in Assembly Bill 102; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hollister adopts a resolution of the City Council of the City of Hollister approving a grant agreement with the California Office of Public School Construction for $5,000,000.00.
BE IT FURTHER RESOLVED, that the City Council of the City of Hollister execute a Memorandum of Understanding between the City of Hollister and the San Benito High F.2
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School District in the amount of $5,000,000 to support building of a new cafeteria at the Hollister High School and authorize the City Manager to execute the grant agreement, memorandum of understanding, and any and all necessary amendments. .
PASSED AND ADOPTED, by the City Council of the City of Hollister at a Regular Meeting held this 18th day of December, 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. 2023-262, 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 18th day of December, 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 December, 2023.
Jennifer Woodworth, MMC
City Clerk of the City of Hollister
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STATE OF CALIFORNIA
GRANT AGREEMENT
OFFICE OF PUBLIC SCHOOL CONSTRUCTION